Citations count: 4
Reference:
Makarov V.M., Zhuravlev A.A. —
Self-defense and martial arts in the activities of internal affairs officers of the Russian Federation
// Police and Investigative Activity.
– 2015. – ¹ 3.
– P. 45 - 213.
DOI: 10.7256/2409-7810.2015.3.16098 URL: https://en.nbpublish.com/library_read_article.php?id=16098
Read the article
Abstract:
Martial arts (combat section of sambo) are an integral part of physical training in the police department, they are designed to repel an attack, fast and safely dispose of an offender. In addition, martial arts are an integral part of self-defense. For a better and deeper exploration of the techniques studied by this discipline the officer should first, at least theoretically, study the system of self-defense, and then, enriched with the knowledge, practically train the basic fighting techniques.This article consists of two parts. The first part briefly presents the theory of self-defense. The second part describes the basic and the most effective methods of sambo.
Citations count: 3
Reference:
Kursaev A.V. —
Classification of crimes against constitutional rights and freedoms of an individual and a citizen
// Police and Investigative Activity.
– 2019. – ¹ 4.
– P. 8 - 16.
DOI: 10.25136/2409-7810.2019.4.28968 URL: https://en.nbpublish.com/library_read_article.php?id=28968
Read the article
Abstract:
The research subject is the classification of crimes against constitutional rights and freedoms of an individual and a citizen given in the article 19 of the Criminal Code of the Russian Federation. The author analyzes the classifications of crimes against constitutional rights and freedoms of an individual and a citizen contained in scientific literature and the difficulties in defining the object of particular crimes. The author gives attention to the connection between the classification of crimes with an object of a crime and proves the significance of classification for the purposes of classifying crimes and differentiating them from ancillary elements. The article describes the tendencies of development of the system of crimes against constitutional rights. The author uses general scientific and specific research methods including analysis, synthesis, deduction, induction, the systems method and the method of comparative research. The scientific novelty consists in the system analysis of the classification of crimes against constitutional rights and freedoms of an individual and a citizen and in the study of the system of such a system constructing. The author proves that the component elements of crimes established in the article 19 of the Criminal Code of Russia don’t cover all encroachments on civil rights known to criminal law.
Citations count: 2
Reference:
Khadiatulina T.A. —
Improvement of the mechanism of financial support for the Federal Bailiffs' Service of Russia
// Police and Investigative Activity.
– 2015. – ¹ 3.
– P. 26 - 44.
DOI: 10.7256/2409-7810.2015.3.15562 URL: https://en.nbpublish.com/library_read_article.php?id=15562
Read the article
Abstract:
The object of the research is the mechanism of the federal authorities financing.The subject of the research includes the financial relations developing in the federal bodies of state power over the formation and use of budgetary funds.The author studies the features of the formation and the efficient use of financial resources of the federal authorities and evaluation of the quality of public services.The article considers the problem of the mechanism of financial support of a public authority (for example, the Federal Bailiffs' Service of Russia). Particular attention is paid to the analysis of financial activity of the Federal Bailiffs' Service with the aim to identify the problems and trends in the use of financial resources of the federal authorities.The author uses the following methodological approaches: the general scientific (systems, materialistic) and the methods of scientific cognition (analysis, synthesis, system comparisons).In the result of a quantitative analysis of graduate students' readiness for the public service on the basis of a sample survey of 200 senior students of two higher education institutions in the city of Kaluga (the Financial University under the Government of the Russian Federation and the Russian Presidential Academy of National Economy and Public Administration) the author concludes that students are only interested in the wage rate on public service. The 3/4 of the students could not answer the question "what do you think will help you realize your public service ambitions fully?".The author comes to the conclusion about the necessity to improve the legislation about law enforcement and the bailiffs' service in terms of the bailiffs' workload, their rights and responsibilities, and other criteria.
Citations count: 2
Reference:
Zvyagin V.N., Anushkina E.S. —
Establishing the generic type of calcius.
// Police and Investigative Activity.
– 2014. – ¹ 1.
– P. 178 - 193.
DOI: 10.7256/2306-4218.2014.1.9949 URL: https://en.nbpublish.com/library_read_article.php?id=9949
Read the article
Abstract:
The need to establish whether the calcius belonged to a human or to an animal usually arises in cases of expertise of burnt or ash remains. The experts face the need to study large amount of large and small bone fragments at various stages of temperature incandescence (black, gray, white), which have been subject to shrinkage, deformation and various influences of external factors. That is why each such expertise is unique in quantity and elements of objects, use of laboratory and diagnostic methods. The authors draw attention of medical criminalist experts to the general methodological principles for such expertise: rational choice of methods, evidentiary value, and the limitations of the capabilities of methods, limitations to the studies and form for the conclusions. Strictly speaking, the judicial medical establishment of generic type of calcius is only possible based on biological study methods. In all other cases it is more precise to speak of defining the origin of bones (native, ashed) to a human being, animal or a bird.
Citations count: 2
Reference:
Dikarev V.G., Grigor'ev V.N. —
Modern teaching organization methods for retraining within the framework of advanced professional training of the officers of law enforcement bodies
// Police and Investigative Activity.
– 2013. – ¹ 3.
– P. 75 - 89.
DOI: 10.7256/2306-4218.2013.3.798 URL: https://en.nbpublish.com/library_read_article.php?id=798
Read the article
Abstract:
The article provides a description of teaching in the framework of professional retraining and advanced training of the officers of the Internal Affairs bodies in accordance with the (innovative) module-and-block model and introduction of an active form of teaching into the teaching process. The advanced training in the system of advanced training of the Ministry of Internal Affairs of the Russian Federation as an advanced training after graduation for those who are providing official service in the sphere of public order guarantees. The article describes main goals of this teaching and its innovative characteristics. It is noted that application of innovative methods and teaching has a positive impact upon the professional skills of students. Necessity of advanced studies and improvement of professional knowledge and skills are required to serve in accordance with the current legislation and the progressive experience in the law enforcement services of Russia and foreign countries in the sphere of fighting crime.
Citations count: 2
Reference:
Grudtsyna L.Y. —
Legal aspects of civil society development
// Police and Investigative Activity.
– 2014. – ¹ 2.
– P. 1 - 14.
DOI: 10.7256/2409-7810.2014.2.13851 URL: https://en.nbpublish.com/library_read_article.php?id=13851
Read the article
Abstract:
It is noted in the article that, on the one hand, many public norms and public law functions in general are mostly aimed at private interests protection. On the other hand, any legal norm, stating the private-law bases of any social relations, is per se the public one at least because it is, firstly, authorized by the state and becomes a part of the national legislation, secondly, it can't contradict and threaten the very state system and the nature of public management. The methodological base of the article contains the up-to-date achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, system approach, analysis, synthesis, analogy, deduction, observation, modeling), traditional juridical methods (formal logical method), and methods, used in specific sociological research (statistical method, expert evaluation, etc). Existence and development of civil society is impossible beyond a complex system of social relations and without participation (direct of inderict) of the state, particularly by means of issuing and implementation of norms of private and public law. Civil society is also influenced by the political system of the state, the quality of which affects the models of social development.
Citations count: 2
Reference:
Kurakin A.V., Kostennikov M.V. —
Administrative legal counteraction against corruption within the state service system and in the activities of the police officers of the Russian Federation and foreign states.
// Police and Investigative Activity.
– 2013. – ¹ 1.
– P. 65 - 83.
DOI: 10.7256/2306-4218.2013.1.735 URL: https://en.nbpublish.com/library_read_article.php?id=735
Read the article
Abstract:
The article is devoted to the administrative and organizational problems of fighting corruption in the official activities of the police officers, as well as the officers of the state executive bodies. The author describes negative influence of corruption on the development of economy, financial system of a state, and internal affairs bodies. It is pointed out that one of the key causes of the growing corruption in the internal affairs bodies is the low quality of normative legal basis for their activities. The author views the key goals of administrative justice, and studies the foreign experience in the sphere of fighting corruption. The article also deals with the conflict resolution mechanisms within the state service system, as well as anti-corruption measures in the state executive bodies. The detailed analysis of the special commission on the investigation of police corruption in the USA is included, as well as information on the prestige of police work in the USA and the requirements to the dual job-holding in this sphere. The author describes the offences, which may lead to corruption in police, internal affairs bodies and other executive bodies. The article also contains propositions for the minimization of corruption offences within the state administration system.
Citations count: 2
Reference:
Kurakin A.V. —
Social policy and Russian police.
// Police and Investigative Activity.
– 2013. – ¹ 3.
– P. 1 - 23.
DOI: 10.7256/2306-4218.2013.3.8914 URL: https://en.nbpublish.com/library_read_article.php?id=8914
Read the article
Abstract:
The article concerns legal and organizational problems of implementation of social policy within the Ministry of Internal Affairs of the Russian Federation. The author analyzes the legislation on social guarantees for the police personnel and formulates proposals for the improvement of the social policy. In order to form modern police forces, to make law-enforcement service in the internal affairs bodies more prestigious, there is need to form a legal mechanism for the social protection of internal affairs bodies personnel. The priority goal is to improve the level of legal and social protection of the police staff, as an element of social and legal protection of a person in the Russian Federation. The police salaries are important for making police work prestigious, and for the support of rule of law and discipline of the personnel. Special status of police officers presupposes the state insurance of his life and health. Every police officer has a right for protection of health and medical aid. The officers are also provided with the traffic documents for any type of public transportation.
Citations count: 1
Reference:
Dolgikh I.P. —
Administrative responsibility of the officers of the Internal Affairs bodies of the Russian Federation: problems and perspectives
// Police and Investigative Activity.
– 2014. – ¹ 4.
– P. 64 - 73.
DOI: 10.7256/2409-7810.2014.4.11728 URL: https://en.nbpublish.com/library_read_article.php?id=11728
Read the article
Abstract:
The article is devoted to the urgent problem of public service in Russia – the practice of application of administrative action against the officers of the Internal Affairs bodies. The urgency of this topic is determined by both theoretical and practical importance of the questions, connected with presence and functioning of the institute of administrative responsibility of the officers of the Internal Affairs bodies of the Russian Federation, and by the need to elaborate the common process of application of administrative action against them. In relation to the Ministry of Internal Affairs of the Russian Federation, the questions of application of administrative action against its officers are among the most discussed ones. It is determined by the fact that due to the optimization of police work they cannot stay unnoticed by civil society. Since the problems considered are the complex problems, the author refers not only to the norms of administrative and procedural law, but also to the achievements of the theory of public administration and the general legal theory. The bodies of the Internal Affairs have always been the support for any state, its social development token. It is not a secret, that nowadays the Internal Affairs bodies is, perhaps, the only effective instrument of the authorities’ influence on various social relations. Today the legal norms of the Internal Affairs bodies officers’ administrative responsibility contain the variety of contradictory and unsettled issues, connected with the application of administrative action against the officers. The originality of the research is determined both by the formulation of the problem, and by the methods of its solution. The author offers the particular ways of the revealed problems eradication, aimed at the enhancement of the legislative base, regulating the issues of administrative responsibility of the officers of the Internal Affairs bodies of the Russian Federation.
Citations count: 1
Reference:
Chernyaev G.M., Bystryantsev A.F. —
On the issue of public order and security provision by law-enforcement agencies at sports events
// Police and Investigative Activity.
– 2015. – ¹ 2.
– P. 10 - 59.
DOI: 10.7256/2409-7810.2015.2.15196 URL: https://en.nbpublish.com/library_read_article.php?id=15196
Read the article
Abstract:
Today the provision of public order at mass sports events is a difficult task involving decision-making, significant efforts, sources, and specialists from different sectors. Mass sports events are an important social phenomenon which requires the complex use of sources of the Ministry of Internal affairs for public order protection and public security provision, coordinated work of different units of the internal affairs bodies. The abovementioned conditions predetermine the importance of the study of management of public order provision by law-enforcement bodies at mass sports events. The object of the research covers the legally regulated public relations connected with public order and security provision during mass sports events. The subject of the research is the legal organization of management activity aimed at public order protection. The authors use the following methods of research: the formal logical method, the method of system analysis, the comparative-legal, historical-legal methods and others. The theoretical base of the research contains the works of the scholars in the sphere of administrative law, the works in the field of general theory of state and law, public administration, administrative and legal organization of public order and security provision. The article studies and generalizes the experience of the internal affairs bodies in development and enhancement of officers training. The authors generalize the positive and negative experience of the police activities during mass sports events in Russia and abroad. They consider the tasks, the main spheres of activity, the structure and the responsibilities of the internal affairs units, and the stages of public order provision. The authors offer the ways of the police officers training. The article considers the tactics of law-enforcers’ actions during mass sports events and under extraordinary circumstances and offers the ways of the police’ efficiency enhancement.
Citations count: 1
Reference:
Lapina M.A. —
Transparency of Public Administration and Civil Service as a Universal Principle of Sustainable Development of the Information Society
// Police and Investigative Activity.
– 2015. – ¹ 4.
– P. 1 - 17.
DOI: 10.7256/2409-7810.2015.4.17525 URL: https://en.nbpublish.com/library_read_article.php?id=17525
Read the article
Abstract:
The subject of the article is the disclosure of the concept of the information society in the scientific and educational literature as well as the importance of the principle of transparency of public administration for the sustainable development of the information society. The analysis of existing international and national regulations, containing the principle of transparency (openness, transparency) in public administration and public service showed a direct correlation with the development of the information society. At present, the principle of transparency is found in international agreements and national regulations, that are actively being developed on the scientific and methodological levels. However, this principle is not always clearly indicated in the basic regulations governing the civil service of the Russian Federation and the development of public administration, which creates the need to consolidate the regulatory principle of the sustainable development of the information society. The general philosophical, theoretical methods (dialectics, comparative method, system analysis, synthesis, analogy, deduction, observation, modeling) and traditional legal methods (formal logic) and techniques used in practical surveys (expert judgment and others) have been applied during the study. The main conclusion drawn from the study is that it is necessary to establish a normative principle of transparency in laws and regulations in the field of public administration of the Russian Federation. The main contribution that is made by the author, is the comparative analysis of the terms "information society" and "transparency" ("openness") of public administration and the civil service for their close relationship with respect to the construction and sustainable development of the information society and improving the quality of life of citizens. The novelty of the article is caused by the fact that the author offers her own model of sustainable development of the information society on the basis of the universal principle of transparency of public administration.
Citations count: 1
Reference:
Dolgikh I.P. —
Training of Police Officers in Russia: the Correct Way to Go?
// Police and Investigative Activity.
– 2016. – ¹ 4.
– P. 46 - 55.
DOI: 10.7256/2409-7810.2016.4.18934 URL: https://en.nbpublish.com/library_read_article.php?id=18934
Read the article
Abstract:
The subject of the research is the principles and patterns, contents and organisation of training police officers in the Russian Federation. The object of the research is the primary training of law enforcement officers of the world's leading powers and Russia. The purpose of the research is to improve the training of police officers. Goals of the research include: 1) to analyze the modern condition of training police officers in Russia and to define developmnent trends and drawbacks of the current system of training; 2) to develop recommendations on how to improve vocational training of police officers. The methodological basis of the research is the theory of knowledge and research results related to application of the knowledge theory to the system of training. To achieve the research goals and objectives, the author has used theoretical and empirical methods. The novelty of the research are caused by the following facts: 1. The author gave an objective analysis of the current state of the vocational training for persons newly recruited to the police. 2. For the first time in the academic literature the author gave a principled assessment of the organisation and the quality of police training in the faculties of vocational training at educational institutions of the MIA of Russia. 3. The author developed offers on optimization of vocational training of police officers.
Citations count: 1
Reference:
Kuzina N.V., Sulimov K.T. —
Universal Odor Detector: On Creating the Genetic Resources of Domestic Service of Search Dogs
// Police and Investigative Activity.
– 2017. – ¹ 2.
– P. 26 - 51.
DOI: 10.25136/2409-7810.2017.2.20520 URL: https://en.nbpublish.com/library_read_article.php?id=20520
Read the article
Abstract:
The object of the research is the method for selecting and breeding as well as training search dogs. The subject of the research is the algorithm for developing and supporting the genetic resources of search dogs of hybrid populations like Laika reindeer herding and European jackal. The research and implementation of the practice of creating the genetic resources and developing the algorithm for selecting and training Laika reindeer herdings and European jackals has been done by the author for over thirty years. In this research the author has used the historical analysis (origin and development of domesticated dog and the problem of the reverse mutagenesis in the animal world), genetic analysis (the influence of jackals on features of domesticated dogs in the process of cross breeding), particularities of inheritting working features of dogs (in particular, their manifestation under different cross breeding conditions), experimental method (testing olfactor features of dogs in practice and work). The author has also used the descriptive and classification approach to analyzing the current list of breeds used in search activities (for example, dog security service at Aeroflot). The author offers the algorithm for creating the genetic sources of a universal search dog from Laika reindeer herding and European jackals, describes and classifies current genetic resources (owned by Aeroflot), and provides methods for testing dogs depending on their working abilities as well as methods for bringing up and training universal search dogs based on available genetic resources.
These dogs have a highly developed intuition and can become universal official search dogs. Describes the tragic fate of the small size stock huskies in Russia, ways of their hybridization with the jackal and the available population.
Citations count: 1
Reference:
Novoselov V.P., Savchenko S.V., Tikhonov V.V., Skrebov R.V., Oshchepkova N.G. —
Expert examination of the cases of acute forms of ishemic heart disease.
// Police and Investigative Activity.
– 2014. – ¹ 1.
– P. 37 - 44.
DOI: 10.7256/2306-4218.2014.1.9934 URL: https://en.nbpublish.com/library_read_article.php?id=9934
Read the article
Abstract:
According to the information provided by the World Health Association about 20 000 000 people die of diseases of blood circulatory system, and half of these deaths are caused by the various forms of ishemic heart disease. In Russia the cases of ishemic heart disease cause most of the sudden deaths, studied by the medicolegists. While various forms of chronic ishemic heart disease cause no difficulties in their morphologial diagnosis, the medic doing a post-mortem may incounter difficulties with establishing the diagnosis, when dealing with the acute forms of ishemic heart disease, especially acute coronary insufficency, or ishemic stage of miocardal infarction. Due to the above-mentioned reasons the authors analyzed the data on general death rate structure and death rate due to various forms of ishemic heart disease for hte period of 2000 to 2012 according to the data of the thanatologic department of the Novosibirsc Regional Bureau for Judicial Medical Expertise. According to the data received by the authors, the structure of judicial medical autopsies has undergone some changes in the last 12 years, which is due to a larger number of non-violent deaths. At the same time the general number of autopsies was insufficiently larger. For example, in 2000 the general number of judicial medical autopsies in Novosibirsk was 6072 cases, and in 2012 - 6391 cases.
Citations count: 1
Reference:
Ayupova G.S. —
The Ñoncept of the Motor Vehicle in Relation to Traffic Violations Under the Criminal Legislation of the Russian Federation and the Republic of Kazakhstan
// Police and Investigative Activity.
– 2016. – ¹ 3.
– P. 1 - 6.
DOI: 10.7256/2409-7810.2016.3.20251 URL: https://en.nbpublish.com/library_read_article.php?id=20251
Read the article
Abstract:
Based on the analysis of the legislation of the Russian Federation and the Republic of Kazakhstan the author of the article conducts a comparative-legal research of the term "motor vehicle" used in relation to Articles 264 and 345 of the Criminal Code. In her article Ayupova also discusses the most important features of the studied concepts. Analyzing modern Russia's and foreign states' experience in regulation of responsibility for violating traffic rules, the author has made proposals for improving the current criminal legislation and changing the list of vehicles. The methodological basis of this research involves legal comparative studies of dialectical theory of knowledge considering the development of a studied problem as part of the system. The scientific novelty of the research is caused by the fact that the author provides a critical review of motor vehicle components both in theory and practice taking into account the current criminal legislation of the Russian Federation and the Republic of Kazakhstan.
Citations count: 1
Reference:
Panshin D.L. —
Criminological Characteristics of Economic Crime in the Russian Federation: the Case Study of Official Statistics of 2010 - 2016
// Police and Investigative Activity.
– 2017. – ¹ 3.
– P. 32 - 43.
DOI: 10.25136/2409-7810.0.0.23302 URL: https://en.nbpublish.com/library_read_article.php?id=23302
Read the article
Abstract:
The present article is devoted to the analysis of data on economic crimes in the Russian Federation based on the official statistics of 2010-2016. In his research Panshin gives a comparative and contrastive analysis and describes dynamics of indicators of serious and extremely serious economic crimes with reference to the total number of criminal activities. The coefficients of correlation of the number of persons who committed crimes in this category of crimes with a common number of criminal acts are given. The presented correlative changes in the indicators of quantitative and qualitative data contribute to the awareness of the current criminal component of modern Russian society. The revealed coefficients allowed to draw a conclusion about the scale of the described social dynamically changing phenomenon, its organization, and professionalism of its actors which causes great damage not only to the economy of the country but to society in general. As the research methodology, the author of the article selected traditional methods of dialectical materialism, general research methods of analysis and synthesis, visual method, dialectical methods (induction and deduction), as well as special research methods of comparative and contrastive analysis of the coefficients of the population criminalization. Legal methods were also used to identify the legal regulation of the formation of statistical indicators of economic crimes. The conclusions of this research revealed tendencies of decrease in the indices of economic crime in the Russian Federation during the period of 2010 - 2016 including the reduction of registered serious and extremely serious crimes. However, the presented diagrams provided an opportunity to identify the repeated committal of economic crimes and well-organized nature of this type of crime causing great damage to the state.
Citations count: 1
Reference:
Deryugin R.A., Vinogradova O.P. —
Challenges of Detecting and Investigating Thefts of Mobile Communication Devices
// Police and Investigative Activity.
– 2016. – ¹ 4.
– P. 31 - 36.
DOI: 10.7256/2409-7810.2016.4.19275 URL: https://en.nbpublish.com/library_read_article.php?id=19275
Read the article
Abstract:
The article covers challenges of investigating crime related to thefts of mobile communication devices as well as analyzes particularities of obtaining information on connections between subscribers and/or subscriber devices by pretrial investigation agencies in the process of the aforesaid crime solution. Based on particular examples of investigatory and judicial practice the authors emphasize the important forensic and evidential significance of information received from a communications provider in the process of proceedings or investigatory actions set forth by Article 186.1 of the Criminal Procedure Code of the Russian Federation. In their research the authors have used a standard logical method, systems approach, analysis, deduction, induction and other research methods. The scientific novelty of the research is caused by the fact that the authors provide statistical data about crimes in Russia for 2015 which proves that the greater percent of the total number of lucratively inclined violent crimes is thefts of mobiles. Moreover, the research has allowed to bring forth topical issues of the organisation of detecting and investigating the aforesaid category of crimes.
Citations count: 1
Reference:
Shimshilova E.S., Bukalerova L.A. —
Countering corruption-related crimes committed in business entities: international-legal fundamentals
// Police and Investigative Activity.
– 2018. – ¹ 4.
– P. 9 - 21.
DOI: 10.25136/2409-7810.2018.4.28166 URL: https://en.nbpublish.com/library_read_article.php?id=28166
Read the article
Abstract:
The authors discuss such aspects of the topic as the peculiarities of international standards in the sphere of responsibility for the deeds infringing on the interests of the service in business entities. The authors reveal that in the international law there are two independent forms of legal responsibility for corruption-related crimes: criminal responsibility and civil responsibility. However, public and private responsibility can be imposed simultaneously for one and the same corruption-related crimes. The article also studies the documents of the Group of States against Corruption (GRECO), which Russia also belongs to. These documents are particularly important in terms of establishing international standards of countering corruption-related crimes. The proposed set of methodological and analytical instruments is the evolution of research methods, well-known and widely applied by the legal science. These instruments guarantee reliability and trustability of the expected results. The authors formulate the following conclusions: the international law prioritises criminal responsibility for corruption-related crimes in business entities; the UNO’s documents contain a wider list of corruption-related crimes than the EU’s documents; all international acts admit that the imposition of criminal responsibility on a legal entity for corruption-related crimes committed in business entities does not exclude the possibility to impose criminal responsibility on a private individual for the same deed. The authors emphasize that a deed should be intentional. Most provisions of international documents have already been implemented within the Criminal Code of the Russian Federation. The issue of the possibility to impose criminal responsibility on legal entities for corruption-related crimes committed in business entities is worth further studying.
Citations count: 1
Reference:
Bukalerova L.A., Serous A.V. —
Great Britain’s and the USA’s experience in combating bribery of foreign public officials and the officials of a public international organization
// Police and Investigative Activity.
– 2019. – ¹ 1.
– P. 1 - 7.
DOI: 10.25136/2409-7810.2019.1.29057 URL: https://en.nbpublish.com/library_read_article.php?id=29057
Read the article
Abstract:
The authors consider the peculiarities of combating bribery of foreign public officials and the officials of international public organizations in the USA and Great Britain. The authors find out that responsibility is imposed for bribery of a foreign official per se and of politically exposed persons who do not hold a public office at the moment but can use their political influence in favour of a briber. Therefore, bribery can be aimed at any other person if it is reliably known that the whole bribe or its part will be taken by these officials or politically exposed persons. The authors use the methods which are the evolution of scientific research methods known in and tested by the legal science. They ensure the reliability of the acquired results. Based on the research and the study of foreign experience and international documents, the authors clarify the characteristics of the crimes in question. The authors conclude that the in the Anglo-Saxon legal system, the lawmaker has implemented the basic international standards in the field of responsibility for bribery of foreign public officials and the officials of public international organizations. Particularly, the law system establishes responsibility for both active and passive bribery of such persons in particular legal regulations; besides it formalizes the responsibility of legal entities in this field.
Citations count: 1
Reference:
Chashnikov V.A. —
Anti-corruption education as a means of combating corruption in the Internal Affairs bodies
// Police and Investigative Activity.
– 2014. – ¹ 4.
– P. 39 - 48.
DOI: 10.7256/2409-7810.2014.4.13886 URL: https://en.nbpublish.com/library_read_article.php?id=13886
Read the article
Abstract:
The subject of the research is the means of combating corruption in the bodies of Internal Affairs. The subject of the research is anti-corruption education. The object of the research is the anti-corruption education, which consists of the gaining and the renewal of knowledge of the bodies of Internal Affairs personnel in the sphere of combating corruption, and the formation of the anti-corruption code of conduct. The author considers the aspects which show that the efficiency of anti-corruption education in the system of the bodies of Internal Affairs will be successful only when the anti-corruption educational programs will be worked out for different categories of the Internal Affairs bodies personnel. The special attention is paid to the fact that within these programs should be studied not only the general questions of the state anti-corruption policy, the other states’ experience in corruption prevention and combating, and the relevant criminal legislation, but also the special measures and mechanisms of combating corruption. The author uses the general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal logical), and the methods which are used in the special sociological research (statistical, expert evaluation, etc.). The author comes to the conclusion that the measures which are being realized in the bodies of Internal Affairs, deal with the provision of data about the incomes, the expenditures, the property, and the property commitments. The author concludes that the informing of the employer representative by the Internal Affairs bodies personnel about the facts of inclinations to commit the delinquency of a corruption character, and the anti-corruption inspections contribute to the combating corruption work. The originality of the article consists in the fact that the anti-corruption education is the most efficient and perspective way of combating corruption in the bodies of Internal Affairs.
Citations count: 1
Reference:
Sidorov E.I. —
Problems of proving in cases of administrative offences in the sphere of customs
// Police and Investigative Activity.
– 2015. – ¹ 1.
– P. 1 - 23.
DOI: 10.7256/2409-7810.2015.1.14073 URL: https://en.nbpublish.com/library_read_article.php?id=14073
Read the article
Abstract:
The article is devoted to the urgent issues of the subject of proving and the use of evidence in cases of administrative offences in the sphere of customs in terms of creation and functioning of the Customs Union. The author reveals the legal framework of implementation of evidence in administrative and jurisdictional proceedings of Customs authorities, as well as the procedural order of their establishing; on this basis the author defines the ways to improve their application. The author concludes that crime prevention is largely predetermined by a clear understanding of its subject. The methodology of the research is based on the modern achievements of epistemology. The study uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, the methods used in empirical sociological research The article concludes that the successful solution of the problems of the proceedings on administrative offences in the sphere of customs depends on several factors, such as the timely, complete and objective clarification of the circumstances of each case, its resolution in accordance with law, enforcement of the judgment, as well as identification of the causes and the conditions leading to administrative offences.
Citations count: 1
Reference:
Polukarov A.V. —
Peculiarities of an Object of Bribery in the Sphere of Health Care
// Police and Investigative Activity.
– 2016. – ¹ 2.
– P. 43 - 48.
DOI: 10.7256/2409-7810.2016.2.17370 URL: https://en.nbpublish.com/library_read_article.php?id=17370
Read the article
Abstract:
It should be noted that now the bribery in health system is put on a stream, reaches huge scales, there is an opinion that 40% of "pocket payments" are the share medics of those services which rely free of charge. The author in this work conducts research the financial relations between the doctor and the patient often which often are under construction on an informal basis and on the basis of the received results tries to develop definition of object and an object of a bribe in health care sector, and also in system of pharmaceutics. The methodological basis of research are general scientific methods (a system and structural method, an analogy method, the general logical receptions: analysis and synthesis, induction and deduction), and also special methods of legal research (comparative method, extrapolation method, legallistic method, etc.) . The main conclusion of the conducted research - the object of bribery in health care, as well as in other social sphere is more multidimensional. According to the author, besides the public relations protecting government bases, as object it is necessary to recognize the public relations protecting bases of the social sphere, area of social protection of the citizens who have got into a difficult life situation including children without parental support, disabled people and other groups of citizens, protection of public health.
Citations count: 1
Reference:
Sizov I.Y. —
Problems of legal regulation of combining jobs in the police
// Police and Investigative Activity.
– 2015. – ¹ 1.
– P. 94 - 107.
DOI: 10.7256/2409-7810.2015.1.14089 URL: https://en.nbpublish.com/library_read_article.php?id=14089
Read the article
Abstract:
This article is devoted to the main directions of legal regulation of combining jobs in the internal affairs bodies.On the basis of the object and the subject of the article it is noted that the current regime of combining jobs by the police officers should be determined at the legislative level, the treatment of this problem should be more flexible and differentiated. The author concludes that it would be quite appropriate to use in this regard the experience of the United States and other countries and officially allow combining jobs by the employees of the bodies of internal affairs in commercial organizations, if this combining doesn't cause a "conflict of interests". The methodology of the research is based on the modern achievements of epistemology. The study uses the the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods and the techniques used in empirical sociological research. The article notes that earlier the Labor Code of the Russian Federation had established the duration of work for more than one employer for no longer than 16 hours per week. At the present time the duration of work time for a person having a second job has increased to 20 hours per week (no more than 4 hours per day) (Art. 284 of the LC RF). A legislator assumes that on the days off at the main place of employment the employee may work at a second place full time.
Citations count: 1
Reference:
Tinyakova E.A. —
Why American Investigation Experience be Useful for Russian Criminal Reality (the Case Study of the On-Line Course 'Proven Guilty? Social Science about False Charges' of the University of Pennsylvania, USA)
// Police and Investigative Activity.
– 2016. – ¹ 4.
– P. 63 - 70.
DOI: 10.7256/2409-7810.2016.4.18977 URL: https://en.nbpublish.com/library_read_article.php?id=18977
Read the article
Abstract:
The object of the present research is the fragments of American criminal investigation technique to be compared by Russian specialists. The subject of the research is the method of criminal investigation, particularly interrogations, in American criminal practice. Special attention has been paid to false confessions and the reasons leading to them. They may be due to professional competence of investigators, criminal personality, close and distant criminal surroundings and the use of the data and information in court. The author considers the role of language in criminal investigation in detail. American criminal reality has special characteristics such as multi-ethnicity, high percent of coloured population sometimes with historic aggrevation, a lot of immigrants. These factors cause rather stern criminal policy in US that may be useful for Russian criminal reality. The methods of research included listening to the lectures of the on-line course from Pennsylvania University by Dr Tim R. Robicheaux, studying examples of criminal cases, doing quizes. The main conclusion is that the material of the article can be useful both for making criminal investigation more tense and objective and for crime prevention. Language manipulation may be a strong criminal instrument in addition to facts, still language leads to discovering facts. The author's goal was to emphasize the role of language manipulation during investigations taking into account American experience and creating prospects for Russian experts in criminology.
Citations count: 1
Reference:
Markova T., Maksimova T. —
Is challenging testimony a new duty of the accused?
// Police and Investigative Activity.
– 2023. – ¹ 3.
– P. 14 - 25.
DOI: 10.25136/2409-7810.2023.3.43967 EDN: VLDTBS URL: https://en.nbpublish.com/library_read_article.php?id=43967
Read the article
Abstract:
The article discusses the possibility of the court, provided for in paragraph 5 of Part 2 of Article 281 of the Criminal Procedure Code of the Russian Federation, to make a decision on the disclosure of the testimony of witnesses and victims. This problem is investigated by the authors in the context of the fact that the parties should be given the opportunity to protect their interests by all means not prohibited by law, including challenging the read testimony and petitions for their verification with the help of other evidence, as well as by using other means that contribute to the prevention, detection and elimination of errors in court decisions. Based on the study of judicial practice, the authors consider the question of what is meant by the defendant's ability to challenge the testimony of a person testifying against him in ways not prohibited by law and whether it matters what position the defense takes on this issue. The article gives a critical assessment of the approach to solving this issue that has developed in law enforcement practice, which, in essence, "obliges" the defense party to file a petition for a confrontation in case of disagreement with the testimony of a witness. It is noted that this approach is obviously incorrect, and this position is justified. The authors come to the conclusion that depriving the defendant of the right to interrogate the participant showing against him is depriving him of the opportunity to demonstrate to the court the inconsistency of the testimony given by the victim or witness, which can become the key evidence underlying the court's conviction against the defendant. The authors of the article consider correct the position in which the court takes into account the non-confrontation between the accused and the victim, the witness at the stage of preliminary investigation as a circumstance preventing the disclosure of testimony, taking into account the position of the defense. The article evaluates proposals to improve the norms of criminal procedure legislation, taking into account the balance of interests of the parties.
Citations count: 1
Reference:
Slavova N., Chvyakin V.A. —
Legal socialization of teenagers in terms of moral education as a principle of forming their legal culture
// Police and Investigative Activity.
– 2019. – ¹ 1.
– P. 29 - 37.
DOI: 10.25136/2409-7810.2019.1.28804 URL: https://en.nbpublish.com/library_read_article.php?id=28804
Read the article
Abstract:
The research subject is the process of teenagers socialization in terms of moral education as the principle of forming their legal culture. The authors consider teenagers’ legal culture taking into account the peculiarities of their socialization in terms of moral education. The authors give attention to the study of the peculiarities of teenagers’ temper, the incidence of accentuation of personality traits and aggressive traits, taking into account their self-esteem and aspirations. The authors substantiate the essence of teenagers’ legal nature as a regulator of moral guides. The study is based on the law culture theory and the principles of formation of a person’s legal culture during their socialization. The authors use Schmieschek questionnaire to reveal the structure of accentuation of personality traits and Buss-Durkee Hostility Inventory. To evaluate the self-esteem level and the level of aspirations, the authors use Dembo-Rubinstein scale. The authors use percentage calculation to process statistical data. Scientific novelty of the study consists in detecting the structure of psychological peculiarities in order to estimate the level of teenagers’ legal culture.
The authors detect the largest concentration of accentuations defining temper as energetic, dynamic, excitable and uncontrollable, which is a sort of the first risk zone for legal socialization
24% of teenagers tend to demonstrate the signs of indirect aggression: soreness (9%), suspicion (5%) and verbal aggression (10%). The authors note the growth in the number of verbally aggressive girls which is the sign of the low level of legal culture
Most teenagers have medium and high levels of self esteem. They also have medium and high levels of aspirations, which is the factor of balanced development and legal activity of a person.
Citations count: 1
Reference:
Koftina Y.N. —
The improvement of organizational methods of selecting leadership positions candidates in internal affairs bodies of the Russian Federation
// Police and Investigative Activity.
– 2019. – ¹ 3.
– P. 30 - 35.
DOI: 10.25136/2409-7810.2019.3.30080 URL: https://en.nbpublish.com/library_read_article.php?id=30080
Read the article
Abstract:
The organization of selection of leadership positions candidates in internal affairs bodies includes a wide range of norms, principles, instruments and methods aimed at the formation of qualified management personnel at all levels and the capacity of the head of the body of internal affairs. The subject field of the research in the organizational basics of application of personnel technologies to vacancies filling in internal affairs bodies. The purpose of the research is to analyze the problems of organizational support of the process of vacancies filling in internal affairs bodies. To reach this goal, the author uses the modern methodological instruments including philosophical, general scientific, specific and special research methods. The scientific novelty of the study consists in the fact that the author develops the conceptual framework aimed at the reformation of the institution of filling leadership positions in internal affairs bodies, and detects the most effective ways of its improvement. The author resumes that the personality of the head of the body is very important in the system of internal affairs since it has a hierarchical structure and is based on the principle of undivided authority. Being an executive body and performing various functions and actions aimed at different goals, this system determines the high level of expertise of its head.
Citations count: 1
Reference:
Astishina T.V., Markelova E.V. —
Prevention of minor crimes by the police
// Police and Investigative Activity.
– 2014. – ¹ 4.
– P. 19 - 38.
DOI: 10.7256/2409-7810.2014.4.13923 URL: https://en.nbpublish.com/library_read_article.php?id=13923
Read the article
Abstract:
The article notes that prevention of crimes among minors is an important direction of the Internal Affairs bodies’ preventive activities, since teenagers’ delinquent behavior not only influences the general criminality at present, but also in many respects determines the future criminality, therefore, a special attention should be paid to the correct organization of this work. Though the rate of crimes committed by minors or with their participation is not high in general statistics, the preventive work among teenagers is very important. The methodology of the research is based on the up-to-date achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observing, modeling), the traditional juridical methods (formal-logical), and the methods which are used in the special sociological research (the statistical method, expert evaluation, etc.). At present there is a range of agencies, working in the sphere of minor crimes prevention, and the Internal Affairs bodies should cooperate with these agencies. It is important for them to adjust directions and mechanisms of eradication of harmful processes among youth to the current conditions. The comprehensive and objective measures in minor crimes prevention are impossible without a proper interaction of the Internal Affairs bodies with the civil society institutions.
Citations count: 1
Reference:
Kukushkin S.N. —
Issues of criminal law responsibility of state register staff in the sphere of economic turnover of immovable property (Art. 170 and 285.3 of the Criminal Code of the Russian Federation).
// Police and Investigative Activity.
– 2013. – ¹ 4.
– P. 45 - 60.
DOI: 10.7256/2306-4218.2013.4.9251 URL: https://en.nbpublish.com/library_read_article.php?id=9251
Read the article
Abstract:
The article concerns issues of correlation of civil and criminal legislation in part of qualification of criminal activities of state register officers in the sphere of civil (economic) turnover of immovable property. It is stated that the material ability to dispose of a property is implemented in organizational procedural form. Specific features of civil law qualification of the procedure of state registration of rights to immovable property show the problem of criminal responsibility of state register staff. Criminal illegal behavior of state register officers should be fully non-compliant with the norms of civil law both in its procedural and material aspects. The correlation of civil and criminal law has its influence upon the formation of criminal legislation, and it facilitates correct expression and interpretation of norms establishing criminal responsibility of officials of state bodies in the sphere of economics. Finally, the conclusions in this article are directly related to the process of police reform and its activities in the sphere of protection of property.
Citations count: 1
Reference:
Semenov A.O. —
Legal status of police in Georgia
// Police and Investigative Activity.
– 2014. – ¹ 2.
– P. 15 - 29.
DOI: 10.7256/2409-7810.2014.2.13947 URL: https://en.nbpublish.com/library_read_article.php?id=13947
Read the article
Abstract:
The Ministry of Internal Affairs of the Russian Federation always paid special attention to enhancement of legality and discipline of the Ministry of Internal Affairs offices and bodies personnel. For this purpose and in order to carry out personnel policy and educational work special structures had been established within the Ministry of Internal Affairs system. It resulted in legality and discipline level decrease among the personnel, resonant incidents with the participation of the Internal Affairs Bodies members and officials, and gross and cynical violation of citizens' rights. It influenced negatively the image of the Ministry of Internal Affairs personnel and the prestige of the service. It is necessary to sophisticate forms and methods of personnel policy, to carry out systematic educational work, and to change the criteria of evaluation of the Ministry of Internal Affairs personnel work. The author of the article uses general scientific methods (system method, structural and functional, axiological, culturological methods) and special methods (comparative legal method, historical legal method, formal juridical method). In order to solve the abovementioned and other problems in the sphere of internal affairs, the Ministry of Internal Affairs is being reformed at present time, and various organizational and rule-making measures are being assumed to put things in order in the office, to enhance legality, and to combat corruption. For all these measures to have their results, theoretical research in the sphere of legal and organizational issues of legality maintenance within the system of internal affairs of the Russian Federarion is necessary.
Citations count: 1
Reference:
Kovalev A.V., Kadochnikov D.S., Zubkova I.I., Martem'yanova A.A. —
The historical aspects of the application of the Criminal code article about failure to render aid to a sick person
// Police and Investigative Activity.
– 2014. – ¹ 3.
– P. 48 - 58.
DOI: 10.7256/2409-7810.2014.3.9914 URL: https://en.nbpublish.com/library_read_article.php?id=9914
Read the article
Abstract:
The workers of public health system in general and the doctors in particular, are among the most vulnerable and juridically unprotected categories of employees from the viewpoint of criminal law application [1].
The actions and the measure of punishment for doctors are set in the article 124 of the Criminal code of the Russian Federation (“Failure to render aid to a sick person”).
The today version of this article reads: 1. “Failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it in keeping with the law or with special rules, if this has entailed by negligence the infliction of injury of average gravity to the health of the sick person, shall be punishable by a fine in the amount of 50 to 100 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of one month, or by corrective labour for a term of up to one year, or by arrest for a term of two to four months.
2. The same act, if it has involved, through negligence, the death of the sick person or the infliction of grave injury to his health, shall be punishable by deprivation of liberty for a term of up to three years, with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or with the permanent deprivation of such right”.
Citations count: 1
Reference:
Akopdzhanova M. —
Peculiarities of the legislation on compulsory civil liability insurance of vehicle owners application
// Police and Investigative Activity.
– 2015. – ¹ 2.
– P. 1 - 9.
DOI: 10.7256/2409-7810.2015.2.14746 URL: https://en.nbpublish.com/library_read_article.php?id=14746
Read the article
Abstract:
The article describes the peculiarities of the existing legal regulation and enforcement practice in the legislation on compulsory civil liability insurance of vehicles owners application in the Russian Federation. The study focuses on the issues of judicial practice, the peculiarities of consideration of cases by the courts of the relevant category, gives the statutory parameters of the jurisdiction differentiation in appropriate cases and the ways of insurance compensation which are legally established and can be granted to the aggrieved party; the author reveals the role and importance of liability insurance. The methodology of the research is based on a set of general scientific and special methods of objective socio-legal reality cognition in the studied field: the methods of analysis, synthesis, generalization and systematization, the formal logical method. The article examines and analyzes the key aspects of regulations of the current legislation on compulsory liability insurance of vehicles owners. The conclusions of this paper can be used by law enforcement bodies for investigation of the cases of the relevant category, judges, students, graduate students, and all those interested in jurisprudence.
Citations count: 1
Reference:
Zyryanova E. —
Head of the Inquiry Unit as the Initiator and Guarantor of Reduced Inquiry
// Police and Investigative Activity.
– 2017. – ¹ 3.
– P. 18 - 23.
DOI: 10.25136/2409-7810.0.0.24093 URL: https://en.nbpublish.com/library_read_article.php?id=24093
Read the article
Abstract:
In this article Zyryanova examines the procedural, institutional and other powers of the inquiry unit head that may be used in the process of reduced inquiry. She also onsistently analyzes the role of inquiry unit heads at each stage of inquiry and justifies the need to expand the scope of procedural powers of the inquiry unit heads at the legislative level. The author provides specific arguments in confirmation of the aforesaid. Given the above, the author of the article offers a revised version of Article 40.1 and Part 32. 1 of the Russian Federation Code of Criminal Procedure. In her research the author uses different research methods including specific research methosd and such methods as analysis, comparison, generalization and induction. The novelty of the research is caused by the fact that the author proposes to legally fix the responsibility of the investigator to reach a decision on the transition from one form pf inquiry to another from the Inquiry Unit Chief by making appropriate changes in Part 32.1 of the Russian Federation Code of Criminal Procedure.