The police and criminal procedure
Reference:
Ligai L.Y.
Features of sentencing for the commission of a crime under Article 314 of the Criminal Code of the Russian Federation
// Police activity.
2024. ¹ 5.
P. 1-9.
DOI: 10.7256/2454-0692.2024.5.71654 EDN: WDZXVE URL: https://en.nbpublish.com/library_read_article.php?id=71654
Abstract:
The subject of the study is a criminal law norm establishing criminal liability for evasion from serving a sentence and from the use of compulsory medical measures (Article 314 of the Criminal Code of the Russian Federation), the practice of sentencing for committing a crime regulated by Part 1 of Article 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify patterns of sentencing for evading the restriction of liberty imposed as an additional punishment, and on their basis to identify problems that arise when sentencing. The article analyzes judicial practice regarding the application of the provisions of Articles 69 and 70 of the Criminal Code of the Russian Federation when imposing punishment for committing a crime under Part 1 of Article 314 of the Criminal Code of the Russian Federation. The possibility of simultaneous execution of restriction of freedom, acting as an additional punishment and a suspended sentence, is being investigated. The research methodology is based on general scientific (logical, systematic, analysis, interpretation, generalization) and private scientific (specifically sociological, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying ambiguous judicial practice in cases involving evasion from serving a sentence in the form of restriction of liberty imposed as an additional punishment, based on which convicted persons undergo various consequences of criminal punishment for committing identical crimes. The necessity of attaching the unserved term of restriction of liberty (as an additional punishment) to the newly imposed punishment is justified. Recommendations are formulated to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2022 No. 20 "On certain issues of judicial practice in criminal cases of crimes against justice" regarding the inexpediency of simultaneous execution of restriction of liberty imposed as an additional punishment and conditional punishment.
Keywords:
deprivation of liberty, court verdict, the totality of sentences, the totality of crimes, conditional sentence, evasion, court, restriction of freedom, punishment, convicted
The police and issues of the fight against terror and extremism
Reference:
Bagandova L.Z.
Rehabilitation of Nazism as a crime under the criminal legislation of the Russian Federation: objective signs
// Police activity.
2024. ¹ 5.
P. 10-26.
DOI: 10.7256/2454-0692.2024.5.71767 EDN: EGIYMF URL: https://en.nbpublish.com/library_read_article.php?id=71767
Abstract:
The subject of this study is the objective signs of the prohibition of the rehabilitation of Nazism in Russian Federation criminal law. The author pays special attention to the definition of the object of the considered corpus delicti and notes that the direct object of the corpus delicti provided for in Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is public relations to ensure the international security of mankind in connection with the revival of the ideology of Nazism. The author claims that the second corpus delicti, enshrined in Part 3 of the article in question, has a different object, different from the generic object of the corpus delicti provided for in part 1 of the norm in question – this is not the peace and security of mankind, but the public morality of the population. In this regard, it seems more correct to place this composition in the form of a separate norm in the chapter "Crimes against public health and public morality". The methodology of the research consists of such methods as historical-legal, formal-legal, universal dialectical and logical. The author argues that the new norm in the Criminal Code of the Russian Federation has not facilitated law enforcement, since due to errors in legal technique and the construction of the norm as a whole, the lack of definitions for a clearer understanding of the actions that constitute the objective side of the present corpus delicti, makes it difficult to identify and bring to justice under this norm. The author emphasizes the importance of considering aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the real crime is often committed in the Internet environment. Separately, the author examines the signs of the objective side of the considered corpus delicti, in particular, the criminal law prohibition on approving crimes established by the verdict of the International Military Tribunal for the Court and War Criminals of the European Axis countries.
Keywords:
historical memory, justification of Nazism, approval of Nazism, Nuremberg Tribunal, Great Patriotic War, The Second World War, criminal law, rehabilitation of Nazism, international military tribunal, Immortal regiment
Professional training of police officers
Reference:
Arkhipov S.N.
An approach to the implementation of measures to reduce incidents when receiving and handing over weapons and ammunition
// Police activity.
2024. ¹ 5.
P. 27-39.
DOI: 10.7256/2454-0692.2024.5.69132 EDN: FCSVXY URL: https://en.nbpublish.com/library_read_article.php?id=69132
Abstract:
In this study, the author analyzes the causes and factors contributing to the occurrence of situations of unprofessional actions of policemen in handling combat hand-held small arms related to an involuntary shot when receiving and preparing it for service or when handing over weapons at the end of service. The author examines in detail such issues as: -ensuring security when receiving and handing over weapons in the duty station; - the lack of a unified approach, in the order of actions performed with weapons when loading and discharging it in the duty station; - the use of a single algorithm of employee actions and schemes for it, as ways to reduce cases of injury when loading and discharging weapons. The subject of the study is the algorithm of actions of employees when handling weapons when receiving and handing them over in the duty station. The object of the author's research is the professional training of employees of the territorial bodies of internal affairs of the Russian Federation. Research methods: generalization, comparative analysis, included observation; system analysis and synthesis of practical experience of fire training and interdisciplinary literature review on the studied problem; sociological methods: expert assessments; mathematical and statistical data processing. The main conclusions of the study are: 1.The causes of accidents with firearms are due to non-compliance with safety measures when handling weapons; 2. The lack of an exact sequence of actions with weapons when loading weapons and discharging them manifests itself in the chaotic execution of these actions. 3. The lack of a single algorithm for loading and unloading weapons is the cause of accidents. 4. The use of the algorithm of the employee's actions when loading weapons before entering service and discharging them upon delivery and the scheme for it, placed in the duty stations in the place for loading and discharging weapons, will minimize the likelihood of an accidental shot. A special contribution of the author is the development of a single algorithm and a scheme for it, which are introduced into the educational process and professional activities of the ATS staff. The novelty of the research lies in the development of a single algorithm for the actions of employees with weapons when receiving and handing them over to the duty station.
Keywords:
weapon, security measures, fire training, scheme, algorithm of actions, personal safety, professional training, loading, discharging weapons, duty station
Administrative activity of the police
Reference:
Shaposhnikov V.L.
Improving the system of protection of the rights of buyers of vehicles
// Police activity.
2024. ¹ 5.
P. 40-47.
DOI: 10.7256/2454-0692.2024.5.71932 EDN: RFTODH URL: https://en.nbpublish.com/library_read_article.php?id=71932
Abstract:
The subject of the study is the existing system of protection of the rights of buyers of vehicles, which includes the prevention of offenses involving liability for misleading consumers about consumer properties or quality of goods (Article 14.7 of the Administrative Code of the Russian Federation) and for causing property damage by deception or abuse of trust (Article 7.27.1. of the Administrative Code of the Russian Federation), the commission of which involves, including for example, with the correction or reduction of the recorded mileage of the car. The connection of these actions with the technical condition of vehicles and road safety is considered, since any unauthorized actions with the technical condition of the vehicle are associated with a decrease in the level of safety of road users. The prevalence of this phenomenon requires an adequate response from the state's law enforcement system and the establishment of legislative barriers for this activity. The research methodology is based on general scientific (logical, systematic, analysis, generalization) and private scientific (comparative, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying the existing procedure for protecting the rights of buyers of vehicles at risk of being misled about the quality of the goods. The article substantiates the need to create a legal mechanism at the state level and on its basis an open mileage accounting system for used cars for citizens, which allows them to track their history from the moment they go on sale. It is proposed to give a legal assessment of the actions and establish liability for persons who, through the provision of services for correcting car mileage data, contribute to deceiving consumers, causing property damage to buyers, and are in direct connection with the decisions of vehicle owners on their maintenance and repair, which affects road safety.
Keywords:
administrative offenses, traffic accident, vehicle, road safety, profit, consumer fraud, protection of consumer rights, vehicle mileage, investigation, liability
The police and the institutions of civil society
Reference:
Temnyakov D.A., Zrazhevskii D.V.
Formation of professional ethics of traffic police officers as an important element for creating a high level of public self-confidence
// Police activity.
2024. ¹ 5.
P. 48-61.
DOI: 10.7256/2454-0692.2024.5.71937 EDN: FEXXFS URL: https://en.nbpublish.com/library_read_article.php?id=71937
Abstract:
The subject of the study is the peculiarities of the ethical education of employees of the State Road Safety Inspectorate. The object of the study is the professional ethics of an employee of the State Traffic Safety Inspectorate, which is a set of moral obligations, principles and norms of behavior of traffic police officers in the process of communicating with management, colleagues and road users. The authors consider the specific features of the service ethics of employees of the State Road Safety Inspectorate. The authors consider in detail such aspects of the topic as a scientific understanding of the principles of formation of professional ethics of traffic police officers, reveal how the moral character of traffic police officers affects their relationships with managers, colleagues and road users. The authors pay special attention to the principles of professional ethics of employees of the State Road Safety Inspectorate, which include such characteristics as tolerance, sensitivity, humanism, democratic attitude, moral norms and compliance with legal requirements. The research methodology is based on a personality-oriented approach to the professional training of traffic police officers. Among the theoretical methods, the systematization and generalization of pedagogical practices in the field of training traffic police officers are used. The authors have proposed brief recommendations for maintaining a positive image of an employee of the State Road Safety Inspectorate. The work specifies normative legal acts regulating the observance of moral and ethical standards by employees of the State Traffic Inspectorate. The authors pay special attention to the principles of professional ethics of employees of the State Road Safety Inspectorate, which include such characteristics as tolerance, sensitivity, humanism, democratic attitude, moral norms and compliance with legal requirements. The authors have proposed brief recommendations for maintaining a positive image of an employee of the State Road Safety Inspectorate. The work specifies normative legal acts regulating the observance of moral and ethical standards by employees of the State Traffic Inspectorate. The novelty of the study lies in the consideration of the professional and ethical features of the activities of traffic police officers affecting the formation of trusting relationships with road users.
Keywords:
morality, communication skills, moral principles, professional ethics, tolerance, professional qualities, humanism, employees of the State Traffic Inspectorate, The moral, ethical education
The police and criminal procedure
Reference:
Frolov V.V.
Development and maintenance of automated crime investigation techniques
// Police activity.
2024. ¹ 5.
P. 62-73.
DOI: 10.7256/2454-0692.2024.5.71740 EDN: FFYSIG URL: https://en.nbpublish.com/library_read_article.php?id=71740
Abstract:
The subject of the study is the patterns of detection, fixation, preliminary research, the use of criminally significant information and means of processing it in order to identify, disclose, investigate and prevent crimes, as well as the creation of technical means, techniques, recommendations, automated information systems (AIS) optimizing the investigation and disclosure of crimes based on the knowledge of these patterns. The author examines in detail the issue of creating automated crime investigation techniques – a type of information decision support systems. Special attention is paid to the components (databases) of AIS and their content. The author comes to the conclusion that one of its components is the database "Targeting". The functioning of this component and the automated system as a whole should be based on the provisions and laws of forensic science. The methodological basis of the research is represented by the universal dialectical method of scientific cognition, general scientific methods of empirical and theoretical cognition, private scientific methods (formal logical, modeling), as well as special scientific methods (structural criminalistic, etc.). The main conclusions of the study are the definition of the main (basic) structural component of the automated crime investigation methodology - "Targeting". This database should include two blocks: 1) a block of circumstances to be established and proved during the investigation of crimes with the possibility of data entry by the investigator, which will allow specifying these circumstances, taking into account the investigation he is conducting; 2) a block providing the definition of goals in the investigation of non-obvious crimes. At the same time, the system of goals formed according to the crime under investigation is fixed in the AIS as a separate file, with the possibility for the investigator to access its contents and adjust the system of goals taking into account the progress of the investigation. This will make it possible to make a breakthrough in the creation of automated investigation techniques.
Keywords:
information technology, automation, database, investigation methodology, version, logical consequence, goal setting, organizing an investigation, investigative situation, information system
The police and criminal procedure
Reference:
Yakovleva E.O., Tarikin V.K., Lubentseva K.A.
Features of voluntary renunciation of complicity in a crime
// Police activity.
2024. ¹ 5.
P. 74-85.
DOI: 10.7256/2454-0692.2024.5.72005 EDN: FIZCUT URL: https://en.nbpublish.com/library_read_article.php?id=72005
Abstract:
In order to carry out the tasks facing the criminal law, norms are provided in advance that have an encouraging character, but at the same time stimulate law-abiding behavior in the form of stopping preparations for committing a criminal act. Such an example is the institution of voluntary refusal to commit a crime and bring it to an end both alone and in complicity. At the same time, this category makes it possible to achieve one of the goals of criminal law – the prevention of crime, however, provided that the voluntary refusal becomes voluntary, timely and final. The subject of the presented research is the criminal law norms governing legal relations related to the voluntary refusal of complicity in a crime. The purpose of the study is to analyze the features of voluntary refusal to participate in a crime.The scientific research work analyzes the concept, signs and criminal law significance of voluntary refusal to commit a crime in complicity. The results show that group crimes, due to their prevalence, require a deeper study and development of theoretical foundations, legislative regulation and practical aspects for the correct legal assessment of such acts. The scope of the results is aimed at developing a separate legal norm devoted to the peculiarities of voluntary refusal. The scientific novelty of the study is expressed in the identification of special patterns and problematic aspects in the field of differentiation of voluntary refusal to commit a crime by the organizer, perpetrators and other accomplices.The conclusions emphasize the need to introduce a separate legal norm that will more effectively regulate the legal aspects of complicity, avoid mistakes in qualifying the voluntary refusal of accomplices from completing the crime, as well as ensure justice when bringing to justice participants in a group crime.
Keywords:
criminal liability, accomplice, organizer, instigator, perpetrator, crime, corpus delicti, types of accomplices, complicity in a crime, voluntary refusal
Forensic activities and police work
Reference:
Dulepina O.V., Vlez'ko D.A., Demenkov V.A.
Peculiarities of establishing certain circumstances to be proved in the investigation of crimes under Article 106 of the Criminal Code of the Russian Federation
// Police activity.
2024. ¹ 5.
P. 86-97.
DOI: 10.7256/2454-0692.2024.5.71979 EDN: FKSMKV URL: https://en.nbpublish.com/library_read_article.php?id=71979
Abstract:
The authors of this study have considered in detail such aspects of the topic under study as problems arising in the qualification of the corpus delicti provided for in Article 106 of the Criminal Code of the Russian Federation, namely: the influence of the presence or absence of a traumatic situation and the time of its occurrence during the investigation of the murder of a newborn child by a mother, and the importance of the role of forensic experts in establishing these facts. From the list of these problems, complications also follow in the practical activities of law enforcement agencies and courts, which can be traced in the analysis of the results of judicial practice. Thus, the subject of this investigation covers a number of problems of legislative regulation, which are directly projected onto the law enforcement activities of the investigative bodies. In this work, such methods as comparative legal, analytical and other general and private scientific methods are used. A special contribution of the authors to the study of this topic is the research of the specifics of establishing certain circumstances to be proved during the investigation of the murder of a newborn child by a mother: the presence of a traumatic situation or mental disorder in the subject of the crime, the moment of causing death, the fact of a newborn. The main attention of the work is paid to the difficulties associated with legislative gaps in the regulation of Article 106 of the Criminal Code of the Russian Federation, which explains the need to specify the time frame and other concepts applied by the legislator in this article. The role of circumstances affecting the mental state of the mother for the process of proving a criminal case is substantiated. In the course of the study, legal gaps and other imperfections of existing norms were identified, which lead to uncertainty in the actions of law enforcement officials, and ways of their possible solution were proposed.
Keywords:
examination, infanticide, special subject, psychiatric examination, mental disorder, murder by the mother of a newborn, traumatic situation, newborn, forensic expert, murder
Informational support of the police
Reference:
Baumtrog V.E., Es'kov A.V., Smirnov Y.A.
A prototype of the system for searching and detecting extremist messages on the VKontakte social network
// Police activity.
2024. ¹ 5.
P. 98-109.
DOI: 10.7256/2454-0692.2024.5.71460 EDN: FLLZDX URL: https://en.nbpublish.com/library_read_article.php?id=71460
Abstract:
The object of research is neural networks, the VKontakte platform, the Telegram messenger, the Python programming language and its libraries, and a block diagram of a computer system model. The subject of the study is a computer technology for detecting extremist content in text form and specific groups containing it on the VKontakte social network. The authors consider in detail the structural scheme of the computer system model, the functional modules included in it, and illustrate their interaction. The paper uses a pre-trained model designed for processing the Russian language, and provides conditions for ensuring high accuracy of recognition of illegal content without signs of retraining. The paper presents the results of checking the test data confirming the operability of the computer system. The proposed prototype of the computer system ensures its integration with the Telegram messenger, which increases usability and facilitates the process of generating queries and reports. The novelty of the research lies in the creation of a prototype of a computer system for searching and detecting extremist messages on the VKontakte social network using the Python programming language and the VKontakte API programming interface (VK API). The basis of the prototype computer system is a neural network that works with the Òãànsformers and Òîrch. A special feature of the computer system is the ability to analyze messages on a social network and subject them to binary classification for the content or non-content of illegal information in messages. The main conclusions of the study show the efficiency of the system, the simplicity and convenience of its use, the possibility of detecting illegal text content. A distinctive feature of the prototype is the ability to detect illegal content presented using slang expressions.
Keywords:
bot, deep learning, binary text classification, illegal, library, neural network, prototype of a computer system, extremist content, Vkontakte, platform
Police staffing
Reference:
Osintseva L.M.
Analysis of educational work at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia
// Police activity.
2024. ¹ 5.
P. 110-125.
DOI: 10.7256/2454-0692.2024.5.71495 EDN: FMBDHK URL: https://en.nbpublish.com/library_read_article.php?id=71495
Abstract:
The dynamics of innovative processes taking place in modern society, changes in indicators in the list of state accreditation of universities, where a new indicator has been added – "Educational activity of an educational institution", indicates the importance of the educational component in the training of cadets and the extreme relevance of the research topic. Based on the above, the subject of the study will be the educational work carried out at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia (BUI of the Ministry of Internal Affairs of Russia), as well as the conditions and factors affecting it. Our research involves evaluation of the state of educational work carried out in the BUI of the Ministry of Internal Affairs of Russia in order to study, evaluate, predict, develop positive and prevent negative processes. The analysis of educational work in a narrow sense is limited to the goals of studying and evaluating the educational process. In order to verify the effectiveness of educational work in the BYU of the Ministry of Internal Affairs of Russia, a methodology was chosen in the form of a questionnaire and a survey. The article presents the results of a study aimed at showing the effectiveness of educational work at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. The concepts of "education", "educational work", "educational system" are disclosed, the main goals of educational work at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia, the tasks of education, as well as the main duties of the curator of the study group are considered. Approaches and criteria for an effective assessment of educational work in the Ministry of Internal Affairs of Russia are proposed based on the results, which were summarized and systematized the data obtained. The effectiveness of educational work cannot always be assessed immediately after the survey. Many results manifest themselves in the long term, so it is also important to consider the dynamics of changes in students' behavior, relationships, and communication skills over time. When evaluating the effectiveness of educational work in the BYU of the Ministry of Internal Affairs of Russia, the following criteria were used: attitude to study; prospects for their studies (service); psychological state; physical well-being; interpersonal skills; participation in events held at the institute; change in motivation to study over the past year.
Keywords:
interpersonal relationships, learning perspective, physical well-being, study group, curator, teaching staff, cadets and students, educational work, psychological state, survey
Professional training of police officers
Reference:
Novolodskaia N.S., Kirichenko N.R.
Using the case method in teaching foreign language in educational institutions of the Ministry of Internal Affairs of Russia
// Police activity.
2024. ¹ 5.
P. 126-140.
DOI: 10.7256/2454-0692.2024.5.71724 EDN: FMXFUL URL: https://en.nbpublish.com/library_read_article.php?id=71724
Abstract:
The mastery of foreign languages is an important component for any university, including the institute of the MIA. Knowledge of English allows to identify professionals in specific fields of activity. The case study method, which is the subject of our the research, is actively used by teachers as part of the educational process in a foreign language. The use of case method is a special analysis of the situation, a specific method for organizing students' work processes, contributing to the development of critical thinking skills, the ability to analyze, and to make well-reasoned decisions, which is especially important in the context of professional communication in a foreign language. The case method facilitates the integration of theoretical knowledge with practical knowledge, which is important for successful communication in professional activities. The research methodology is based on the analysis of case method in foreign language teaching. The study employs the following methods: analysis of scientific literature, the modeling method, the method of pedagogical observation, the experimental method, and questionnaire. The use of case studies in non-linguistic universities brings the educational process closer to real-life situations that students can face in their future professional careers. This article examines the features of implementing the case study method in foreign language teaching, analyzes its effectiveness, and its impact on the development of professional and communicative competences of students in educational institutions of the MIA of Russia. The article discusses examples of successful use of cases in educational practice and provides recommendations for their integration into teaching programs. The article focuses on the role of the teacher as a moderator of the learning process. It gives examples of cases adapted for the professional training of the MIA officers and discusses approaches to creating more effective learning situations aimed at solving professional problems.
Keywords:
professional activity, case tasks, communication, analysis, professional competence, work stages, methods, method-cases, MIA universities, foreign language