The police and issues of the fight against terror and extremism
Reference:
Bagandova L.Z.
Distinguishing the rehabilitation of Nazism from related crimes: theory and practice
// Police activity.
2024. ¹ 4.
P. 1-13.
DOI: 10.7256/2454-0692.2024.4.71117 EDN: JJLQDC URL: https://en.nbpublish.com/library_read_article.php?id=71117
Abstract:
The subject of this study is the criminal law prohibition on the rehabilitation of Nazism, established by the criminal legislation of the Russian Federation. The author emphasizes the importance of considering aspects of the qualification of this act in the presence of a large number of related crimes, which in all their elements are very close to the one under consideration. The article examines in detail such crimes that are classified as extremist, as well as vandalism, slander, destruction or damage to military graves, monuments, obelisks, other memorial structures or objects perpetuating the memory of those who died defending the Fatherland or its interests, or dedicated to the days of military glory of Russia. The author draws attention to the presence of similar features of the corpus delicti aimed at prohibiting the rehabilitation of Nazism with administrative offenses, in particular, with article 20.3 of the Administrative Code of the Russian Federation. The methodology of the research consists of such methods as formal legal, logical, systematic, as well as the method of analysis. The novelty of this study lies in the complexity and comprehensiveness of the consideration of the stated issues. The author argues that the difficulty of qualification lies in the fact that actions can simultaneously fall under both "extremist" crimes and directly under the corpus delicti, which enshrines the prohibition of rehabilitation of Nazism. The author concludes that the identification of extremism and the prohibition on the rehabilitation of Nazism is incorrect, and Article 354.1 of the Criminal Code of the Russian Federation is special in relation to Article 282 of the Criminal Code of the Russian Federation. The author's special contribution is manifested in a large number of analyzed sources of judicial practice from different years, on the basis of which the author drew his conclusions and justified the terminology used by the legislator in constructing various provisions of Article 354.1 of the Criminal Code of the Russian Federation.
Keywords:
Fascism, theory of qualification, Great Patriotic War, the multiplicity of crimes, a war veteran, a symbol of military glory, Nazi symbols, extremism, criminal legislation, rehabilitation of Nazism
Question at hand
Reference:
Kolichenko A.A., Mushakov V.E., Gracheva O.A.
Features of ensuring the confidentiality of information about a protected participant in criminal proceedings in the context of digitalization
// Police activity.
2024. ¹ 4.
P. 14-24.
DOI: 10.7256/2454-0692.2024.4.71325 EDN: RRTPAI URL: https://en.nbpublish.com/library_read_article.php?id=71325
Abstract:
The use of information technology is undoubtedly a catalyst for the development of society and the state, but at the same time it creates certain risks for the protection of personal data of ordinary citizens, including citizens participating in criminal proceedings. This article is devoted to the growing problem of ensuring the confidentiality of information about a protected participant in criminal proceedings in the context of digitalization, which requires special attention. This problem seems relevant due to the fact that citizens often independently make public various aspects of their daily lives, posting information about themselves on the Internet, including the publication of text, photo and video materials, etc. For this reason, in order to ensure the confidentiality of information about the protected person in the context of digitalization, the removal from public access of personal data that allows identifying the protected participant in criminal proceedings is of particular relevance. The authors of the article used general scientific research methods (analysis, synthesis, deduction, induction, formal logical, forecasting) and private scientific research methods (statistical and formal legal). Based on the results of the study, the authors of the article came to the conclusion that in modern conditions the task of removing an exhaustive amount of personal data from public access is unsolvable, and therefore one should strive to minimize the possibility of disclosing confidential information about protected persons via the Internet. The authors propose, in order to ensure the confidentiality of information of a protected participant in criminal proceedings, that the investigator, interrogator or prosecutor who initiated the application of the security measure in question should inform participants in criminal proceedings about the need to take independent measures to remove digital traces on the Internet.
Keywords:
personal identification, victim, witness, law enforcement, interaction, investigator, information security, personal information, digitalization, criminal proceedings
The police and protection of human rights
Reference:
Volkova A.Y.
Physical integrity as an object of control of a person’s free will
// Police activity.
2024. ¹ 4.
P. 25-34.
DOI: 10.7256/2454-0692.2024.4.71274 EDN: UCOLIM URL: https://en.nbpublish.com/library_read_article.php?id=71274
Abstract:
Physical integrity as a subjective right of every person, meaning a ban on any external influence that may violate the physical integrity of a person. This right is closely related to the right to freedom and personal integrity, which are guaranteed by the Constitution of the Russian Federation and protected by the current criminal law. The subject of the study is the physical integrity of the individual as a specific object of criminal legal protection from any forms of physical and other forms of violence. The purpose of the study is a comprehensive presentation of physical integrity as an object of the will of a person to clearly demonstrate the need to improve criminal legislation in terms of protecting the said subject. The development of certain areas of life associated with one or another restriction/interference in the physical integrity of a person requires proper coverage in the doctrine of criminal law. In the course of the study, the following work results were obtained: the author’s interpretation of physical integrity as an independent object of criminal law protection was given, the modern realities of a person’s disposal of physical integrity in various spheres of public life were analyzed, the boundaries of a person’s disposal of the named object were determined, and prospects for the development of legislation defining those or other areas of control over a person’s own physical integrity. The results obtained have scientific novelty due to the fact that they generalize the intersectoral nature of the legal regulation of physical integrity of the individual and can be applied in the practical activities of various government bodies, when improving regulatory regulation in the designated areas, as well as within the framework of conferences, meetups, hackathons, the activities of which is of an educational nature on the topic of research.
Keywords:
substantive law, public danger, reproductive rights, medical interventions, personal protection, criminal law, dispositive principles, person's consent, physical integrity, crime
Reforming and upgrading the police
Reference:
Greben'kov A.A., Bondareva A.V., Guseyan G.O.
Problems of convicts' labor in the context of digitalization
// Police activity.
2024. ¹ 4.
P. 35-50.
DOI: 10.7256/2454-0692.2024.4.71461 EDN: UFMYQC URL: https://en.nbpublish.com/library_read_article.php?id=71461
Abstract:
The subject of this study is the labor activity of convicts in the context of the digitalization of the economy and the penal system. The aim of the work is to identify deficiencies in the existing legal regulation of convict labor and propose effective mechanisms for its digitalization to enhance their social rehabilitation and economic productivity. The methodology includes the use of general scientific methods and the formal-legal method of interpreting legal norms. International and Russian legal norms, scientific articles, media materials, and practical examples of the use of convict labor in the digital sphere were analyzed. The results indicate that international standards for the employment of convicts do not consider the aspects of digital transformation. Russian legislation provides for the labor activity of convicts but restricts their use of digital technologies. Practical examples from the United States and Finland demonstrate the economic efficiency and social benefits of engaging convicts in digital labor. The scope of application of the results encompasses the development of legal mechanisms and technological solutions for the digitalization of convict labor. It is recommended to create a legal framework allowing convicts to use office equipment, develop specialized hardware and software, and organize distance learning for convicts in IT specialties. The conclusions of the study emphasize the necessity of actively implementing digital technologies in the labor activities of convicts. This will not only improve their qualifications and chances for successful resocialization but also reduce recidivism. Implementing digitalization requires addressing legal, technological, and organizational issues but is a necessary step for the effective integration of convicts into society and the economy.
Keywords:
digital professions, imprisonment, forced labor, distance work, correctional institutions, punishment, penal system, convicts' labor, digitalization, correction of convicts
The police and criminal procedure
Reference:
Erte D.
About the peculiarities of the objective side of driving a vehicle in a state of intoxication by a person who has been subjected to administrative punishment or has a criminal record
// Police activity.
2024. ¹ 4.
P. 51-66.
DOI: 10.7256/2454-0692.2024.4.71376 EDN: UFPWWH URL: https://en.nbpublish.com/library_read_article.php?id=71376
Abstract:
The author, based on the current legislation, clarifications of the Plenum of the Supreme Court of the Russian Federation, and special scientific literature, examines in detail some problematic issues that arise in law enforcement when establishing signs of the objective side of the crime provided for in Article 264.1 of the Criminal Code of the Russian Federation. An important aspect is the need for a differentiated approach to assessing the actions of drivers, which requires taking into account the specific circumstances of the case. The study of these problems can contribute to the formation of clearer judicial practice and reduce the number of errors in criminal prosecution under Article 264.1 of the Criminal Code of the Russian Federation. In addition, the formulated criteria for assessing the objective side of the crime in Article 264.1 of the Criminal Code of the Russian Federation should be adapted to modern legal practice and understood in the context of the general principles of criminal law. This will minimize the cases of bringing to justice persons whose actions do not contain signs of a crime provided for in this article. The methodological basis of this study consists of the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative legal, formal logical, formal legal, systemic. The article reveals the objective side of driving a vehicle in a state of intoxication by a person who has been subjected to administrative punishment or has a criminal record. It has been established that this crime can be committed only by action – driving a motor vehicle. According to the construction of the objective side, the corpus delicti provided for in Article 264.1 of the Criminal Code of the Russian Federation is formal, and therefore, the moment of the end of the crime is associated with the beginning of movement of a mechanical vehicle under the control of a driver who is intoxicated. In order to recognize the process of driving a vehicle as having taken place, it is necessary to establish circumstances indicating the direct impact of the driver on the controls, as a result of which the vehicle moves in space. The results of the conducted research have scientific value, since they represent a comprehensive analysis of the objective side of the crime provided for in Article 264. 1 of the Criminal Code of the Russian Federation through some criminal law and criminal procedure problems existing both in theory and in law enforcement.
Keywords:
criminal record, administrative prejudice, state of intoxication, driving a vehicle, road safety, traffic crime, the objective side of the crime, the composition of the crime, crime, criminal law
The police and criminal procedure
Reference:
Levchenkova T.Y.
The main criteria for distinguishing Article 180 of the Criminal Code of the Russian Federation and Article 14.10 of the Administrative Code of the Russian Federation
// Police activity.
2024. ¹ 4.
P. 67-77.
DOI: 10.7256/2454-0692.2024.4.71368 EDN: UNWFJT URL: https://en.nbpublish.com/library_read_article.php?id=71368
Abstract:
Currently, there is an increase in the number of norms in domestic criminal law that simultaneously link several objects of protection with norms of various industry affiliation. Thus, mixed illegality has become the subject of active discussion within the framework of criminal law. This problem affects a wide range of cross-sectoral issues and has significant theoretical and practical importance. The article deals with the problem of distinguishing in practice responsibility for the illegal use of means of individualization of goods (works, services) in domestic criminal legislation (Article 180 of the Criminal Code of the Russian Federation) and administrative legislation (Article 14.10 of the Administrative Code of the Russian Federation). The author considers the solution of the problem at two levels: general and special. At the general level, the problem is related to the difficulty of distinguishing crimes and administrative offenses in general, regardless of the type of specific illegal acts. At a special level, the problem is manifested by the example of specific types of illegal acts. The methodological basis of the article is the dialectical-materialistic method of cognition and general scientific and private research methods based on it (analysis, synthesis, logical-legal, comparative-legal, structural-functional, formal-legal methods). As a result of a comparative analysis of Articles 180 of the Criminal Code and Article 14.10 of the Administrative Code of the Russian Federation, the criteria for distinguishing these norms are established. In order to overcome the identified problem, the author believes it is possible to amend the Administrative Code of the Russian Federation in terms of settling liability for repeated commission of an administrative offense provided for in Article 14.10 of the Administrative Code of the Russian Federation. In addition, the possible normative consolidation of the criteria for the repetition of an illegal act and the duration of its action within the framework of an administrative prejudice will help to offset the difficulties encountered by a law enforcement officer in differentiating the composition of offenses and their correct qualification. The presented proposals are intended to help solve the problems that arise when distinguishing the composition of the considered offenses due to the coincidence of their features in criminal and administrative legislation.
Keywords:
illegality, administrative prejudice, repeatability, criminal law, trademark, means of individualization, criteria of differentiation, administrative responsibility, criminal liability, public danger
The police and criminal procedure
Reference:
Viatkin A.A.
On the search for digital traces using OSINT in the detection and investigation of crimes related to the acquisition, storage, sale and smuggling of timber.
// Police activity.
2024. ¹ 4.
P. 78-88.
DOI: 10.7256/2454-0692.2024.4.71179 EDN: UPQFZB URL: https://en.nbpublish.com/library_read_article.php?id=71179
Abstract:
The subject of the study is the results of scientific research of a theoretical and applied nature, which are devoted to the disclosure and investigation of crimes related to the acquisition, storage and smuggling of timber, the search, fixation and analysis of digital traces, methods of working with computer information. Within the framework of the study, the author puts forward a hypothesis about digital criminalistically significant information that remains out of the field of view of preliminary investigation bodies and operational units, sets the task of finding the optimal method of working with digital traces in the disclosure and investigation of this category of crimes, substantiating the possibility of its use in this activity, identifying the specifics of digital traces that can be found on electronic media servers and other devices connected to the Internet. The methodological basis of this research is the general dialectical method of scientific cognition, methods of logical deduction, induction, cognitive methods and techniques of comparison, analysis, generalization, description, and the method of hypothesis. The scientific article considers open source intelligence (English OSINT, Open Source Intelligence) as a method of remote (remote) work with digital traces in the detection and investigation of crimes related to the acquisition, storage, sale and smuggling of timber, its advantages over forensic computer examinations are revealed. In addition, the author highlights the main stages of illegal timber export, based on the content of which the task of searching for digital traces is simplified, examples are given, and the main software tools that allow searching for such traces are listed. It is also concluded that it is advisable to conduct further more detailed scientific research and include the use of open source intelligence in the private forensic methodology for the disclosure and investigation of crimes of the studied category.
Keywords:
operational-search activity, preliminary investigation authorities, digital traces, open sources of information, OSINT, smuggling of forest products, methodology for solving crimes, illegal timber trafficking, digital information, virtual traces
Professional training of police officers
Reference:
Fisher I.V.
Psychological self-regulation as a condition for successful completion of the discipline "fire training"
// Police activity.
2024. ¹ 4.
P. 89-102.
DOI: 10.7256/2454-0692.2024.4.70974 EDN: UNCGYF URL: https://en.nbpublish.com/library_read_article.php?id=70974
Abstract:
Employees of the internal affairs bodies, performing their duties in stressful situations, must maintain not only emotional stability, but also professional activity, integrity, and the ability to act lawfully and rationally. Stressful situations arising in connection with the use of state coercion measures cause psycho-emotional and physiological stress. Fire training, among other things, should be considered as a stressful situation. In this regard, when studying the discipline "Fire training", most students of vocational training need to carry out psychological self-regulation. Psychological self–regulation is, firstly, the ability to resist negative emotional stresses that arise in stressful situations; secondly, it is a conscious influence on one's psyche, which aims to relieve mental stress and bring the body to a normal state. In preparing the article, the author used mainly general scientific research methods – generalization, systematization, comparative analysis, included observation, as well as a synthesis of practical experience in fire training and an interdisciplinary review of the literature on the problem under study. Main conclusions: 1. Knowledge of ways to manage a psychoemotional state will contribute to a faster achievement of the main goal: to teach students the skillful use of firearms in any stressful situation without the influence of consciousness, that is, instinctively, at the level of intuition. 2. In the course of our research, the most simple to use and time-consuming "express" methods of managing a psychoemotional state were established. They can be used during a traumatic situation to quickly achieve a positive result, for example, during classes in the discipline "Fire training" to relieve mental stress and bring your body to a normal state at the firing line before performing a shooting exercise. 3. The traumatic factors affecting the trainees of professional training during shooting generate a state of psychoemotional and physical stress. It is characterized by tremor of the arms and legs, difficulty breathing, and a rapid heartbeat. Based on this, the author of the article used "express" methods of managing the psycho-emotional state in the classroom, which contributed to the growth of shooting results, as well as optimizing the time needed to learn shooting techniques.
Keywords:
psychoemotional state, professional education, Practice shooting, Professional training, psychological self-regulation, stressful situation, firearms, fire training, police officer, express methods of self-regulation
The issues of interaction between police and other law enforcement authorities and institutions
Reference:
Sidorova E.Z., Usov E.G., Aliev T.F.
On the issue of interaction of operational units with banking institutions on crimes committed using information technology, including the Internet
// Police activity.
2024. ¹ 4.
P. 103-120.
DOI: 10.7256/2454-0692.2024.4.70163 EDN: URPFQM URL: https://en.nbpublish.com/library_read_article.php?id=70163
Abstract:
The subject of this study is the specifics of the interaction of operational units of internal affairs bodies with banking institutions on crimes committed using the Internet information and telecommunications network. The purpose of the work is to consider and resolve certain problematic aspects of this interaction. The relevance of the chosen topic has both theoretical and practical aspects of significance in modern realities. In the context of the dynamic growth of crimes using information technology, including the Internet, it is important to consider the issues of countering this type of crime. In the modern world, this category of crime has a topical character in the context of its disclosure and investigation. In 2023, the Ministry of Internal Affairs of the Russian Federation registered 677 thousand crimes using information and telecommunication technologies, and in 2019 this figure was 294 thousand 409 crimes. Thus, we are talking about a twofold increase in the commission of such crimes over the past five years. The research methodology is based on general scientific and private scientific methods of cognition – dialectical, logical, statistical, comparative legal, formal legal, legal forecasting. The authors of the presented article came to the conclusion that this category of crime comes to the fore due to the dynamic growth of its commission and variations in its manifestations. In this regard, it is important to consider the issue of regulating at the legislative level the timing of providing operationally relevant information from banking institutions to operational units within the framework of operational investigative measures for crimes committed using the Internet information and telecommunications network. At the initial stage, the collection of the necessary information also depends on the time interval for providing responses from banking institutions to requests from operational units. To a certain extent, this may affect both the timeliness and effectiveness of the disclosure of these crimes and those involved in them.
Keywords:
opposition, efficiency, legislative consolidation, deadlines for submission, requests, banking institutions, interaction issues, fraud, crime, Internet