On the issue of the activities of the district police commissioner for the prevention of offenses in the field of family and household relations

Shumskii Viktor Vasilyevich Senior lecturer of the Management and Administrative Activities Department of Putilin Belgorod Law Institute of the Ministry of Interior of Russia 308024, Russia, Belgorod region, Belgorod, Gorky str., 71 Shumskvic121968@yandex.ru Tkachenko Vladimir Vasilyevich PhD in Economics Associate professor of the Management and Administrative Activities Department, Putilin Belgorod Law Institute of Ministry of the Interior of Russia 308024, Russia, Belgorod region, Belgorod, Gorky str., 71 tkachenkovlad@yandex.ru Other publications by this author

Kolenichenko Vasilii Vasilyevich Kolenichenko Vasily Vasilyevich, senior lecture of the management and administrative activities department of Putilin Belgorod Law Institute of the Ministry of Interior of Russia. 308024, Russia, Belgorod region, Belgorod, Gorky str., 71 koleni4enko77@mail.ru

The place and role of the internal affairs bodies in the prevention of offenses in the family and household sphere are predetermined by the specifics of their administrative and legal activities. It is the employees of the internal affairs bodies who are the first to go to the place of committing domestic administrative offenses, stop illegal acts, deliver, detain offenders, carry out proceedings on administrative offenses and criminal prosecution.

A district police commissioner is an official of the police of the Russian Federation who carries out professional law enforcement activities aimed at protecting the rights and legitimate interests of persons living in a particular administrative area, as well as persons affected by illegal encroachments on the territory served.

The most important meaning is the administrative activity of district police commissioners to correct and direct to the path of law-abiding behavior of persons who systematically commit domestic administrative offenses that infringe on the rights of citizens, on health, sanitary and epidemiological welfare of the population and public morality, against the order of management, encroaching on public order and public safety; those who have served a criminal sentence, conditionally convicted, minors who are registered with the juvenile affairs police units.

Thus, the service of district police commissioners has a leading role in the prevention and suppression of offenses in the sphere of domestic life.

The problems of crime prevention in the field of family and household relations in certain aspects were studied by representatives of the science of administrative law when studying the elements of the organization of the activities of the service of district police commissioners: A.L. Pushkarev, G.A. Aubakirova, S.I. Dolgova, S.G. Kostin ^{[1, 2]}.

However, they do not study in detail the positive experience of preventing this antisocial phenomenon, and the emphasis is mainly on the activities of the police as a whole, and not directly on the administrative activities of the district police commissioners, a service that mainly solves the tasks of preventing offenses in the field of family and household relations.

Among the works of recent years, where administrative and legal regulation is studied and elements of improving administrative and legal means of preventing and suppressing offenses in the field of family and household relations by district police commissioners are proposed, studies by A.A. Gaidukov, A.V. Ravnyushkin can be called. At the same time, the experience of individual regions in reducing possible evasion of responsibility for the committed act is not fully considered ^[3].

The legal regulation of the organization of the work of the district police commissioner provides for the specified characteristic features of his activity. In addition, normative legal acts should define the main measures for the prevention of violence in the sphere of family and household relations, the forms and methods of its implementation, the goals, objectives and functions of various subjects of prevention, their rights and obligations, regulate the organization and procedure for the application of certain measures of influence, as well as provide for the responsibility of officials for non-compliance with the requirements of normative legal acts. acts in this area.

In practical administrative activities for the prevention of domestic violence, the district police commissioner is guided by the Criminal Code of the Russian Federation and the Code of Administrative Offences of the Russian Federation.

In the legal regulation of the prevention of domestic violence, one of the central places is occupied by the "Code of the Russian Federation on Administrative Offenses", a significant amount of administrative offenses are norms that establish the composition of offenses and measures of administrative responsibility for their commission.

Statements and reports on the commission of illegal actions in the family or a real threat of its commission may be accepted by the service of district police commissioners, including during a personal reception of citizens, police inspectors for minors, employees of duty units of territorial internal affairs bodies, who, within their powers, take measures provided for by law to prevent domestic violence.

When carrying out preventive activities, the administrative activities of the district police commissioner come to the fore. This thesis is justified by the close connection of the district police commissioner with the population living in the administrative area he serves.

F.E. Kolontaevsky revealed the concept of administrative activity of internal affairs bodies by listing the key areas of their activities, emphasizing the executive and administrative nature of such activities, listed its directions with reference to a specific historical epoch (the early 70s of the twentieth century) - "the implementation of outdoor service, passport and licensing system, administrative supervision" ^[4].

According to R.N. Kuchmezov, the effectiveness of the administrative activities of the district police commissioner largely depends on the critical rethinking of many stereotypes well-established in legal science and law enforcement practice ^[5].

The district commissioner of the police carries out a whole range of preventive measures, including within the framework of preventing offenses in the family and household sphere, but not always the available legal tools are sufficient to effectively implement this activity.

The Order of the Ministry of Internal Affairs of Russia dated 03/29/2019 No. 205 "On the service of a district police commissioner in a serviced administrative area and the organization of this activity" defines the set of powers of a district police commissioner, specifies his administrative and legal status.

The prevention of district police officers is the main way to prevent violence in the sphere of domestic life. The main task of district police officers today is not to overcome the consequences of violence, but to prevent, prevent domestic and family violence. It should be noted that the district commissioner of the police, to date, does not have a sufficient number of effective measures to prevent domestic violence.

The outcome of the consideration of a report on a violent offense depends on the tactics of the behavior of the district police commissioner in such situations, in conditions of a lack of legal tools for the prevention of domestic violence.

According to A.I. Alekseev's classification, three types of conversations are used in personal prevention of illegal behavior: introductory, preventive and educational ^[6]. First of all, the district police commissioner is obliged to listen to all the circumstances of the incident, which are stated by the applicant, through clarifying questions it is necessary to obtain information of interest for the qualification of an illegal act.

We agree with the statement of A.V. Cherepanov that "special prevention does not allow the use of provocative techniques and methods of influencing the base motives of the person being prevented, such as jealousy, greed, and others" ^[7].

Statements about the commission of violent assaults in family and household relations are subject to mandatory documentation and registration in the Register of Statements and reports on Crimes, administrative Offenses, and incidents (CUSP).

In general, we fully support the opinion of Yu.N. Starilov that such axiomatic methods of domineering (controlling) influence on public relations as persuasion and coercion are traditionally distinguished in the administrative and legal literature ^[8].

According to A.V. Ravnyushkin and A.A. Gaidukov, preventive accounting refers to the individual preventive activities of the police and also combines administrative measures of persuasion and coercion, the purpose of which is to prevent the commission (possible commission) of offenses.

"Being an integral element of individual preventive work, preventive accounting involves the maintenance of official documentation, which reflects: 1) personal data of citizens; 2) information about the date of registration and the period of stay of a citizen on the register; 3) information about the event of a committed crime or administrative offense; 4) the number of police response measures to reports of incidents in the field of family and household relations; 5) the results of individual preventive work" ^[3].

In turn, we focus on the fact that, nevertheless, persuasion is the priority method of personal prevention of administrative activities for the prevention of offenses in the field of family and household relations by the district police commissioner.

The purpose of the preventive conversation is to identify and consolidate the positive features of such subjects and their "persuasion to take the "right" path, while it is necessary to abandon the impact on the base motives of the person and other mental pressure" ^[9].

A preventive conversation is conducted either in the presence of facts of antisocial behavior of a person taken on preventive registration, or without any external reasons, in the order of professional official administrative activity of the district police commissioner. Preventive conversation, along with its main purpose – to provide direct educational influence, pursues the task of controlling the behavior of the registered subject, and is also used to provide information for personal prevention of illegal behavior.

V.M. Orzhekhovskaya, although she considers the concept of "prevention" and "prevention" synonymous, notes that prevention is not only part of preventive work aimed at identifying and eliminating the causes and conditions of offenses, but also a system of measures for re–education and personality formation ^[10].

The difference between prevention and other related concepts is that the preventive effect is not only on established and potential offenders, but also on persons who lead an antisocial lifestyle or violate generally accepted norms of morality and ethics ^[11].

When conducting a conversation, it should be borne in mind that "younger offenders are characterized by spontaneity of feelings, they lack well-established firm views on certain aspects of life. They are more easily influenced both by people with an antisocial orientation and by people who are able to have a positive impact" ^[12].

The laws of the constituent entities of the Russian Federation on the prevention of offenses contain special norms that not only define the competence of subjects of crime prevention, but also prohibit certain manifestations of violence in the family and household sphere, for example, "domestic brawl".

It should be noted that domestic rowdiness is understood differently in the laws of various subjects of the Russian Federation. Thus, in the laws of the republics of Altai, Buryatia, and the Magadan region, they relate to offenses that infringe on public order and public safety.

The Law of the Republic of Altai dated 06/24/2003 No. 12-8 "On administrative offenses" family and household rowdiness in the place of residence (stay) of a family means a scandal, making a mess, which are accompanied by noise and disturb the peace of the family. A similar interpretation of domestic violence is presented in Article 8 of the Law of the Republic of Buryatia dated 05.05.2011 No. 2003-IV "On administrative offenses", in addition, the above actions are accompanied by violence.

The Law of the Magadan Region dated 03/15/2005 No. 583-OZ "On administrative offenses in the Magadan region" in Article 3.19 indicates that domestic violence is committed in a residential area by a person who violates the peace of his family members and other persons living with him in this room, expressing obvious disrespect for them, accompanied by abusive treatment, obscene language, noise, if these actions do not entail liability provided for by the Criminal Code of the Russian Federation, the Administrative Code of the Russian Federation.

According to the consolidated statistical data on the activities of federal courts of general jurisdiction and magistrates for 2022, the courts from the territorial bodies of the Ministry of Internal Affairs of Russia received a total of cases of administrative offenses under Article 5.61 of the Administrative Code of the Russian Federation (Insult) – 14170, Article 5.62 of the Administrative Code of the Russian Federation (Discrimination) – 15, Article 6.1.1 of the Administrative Code of the Russian Federation (Beatings) – 108420, Article 7.17 of the Administrative Code of the Russian Federation (Destruction or damage to other people's property) – 17395, Article 20.1 of the Administrative Code of the Russian Federation (Petty hooliganism) – 162072.

Statistics on the detection of offenses under Article 20.1 of the Administrative Code of the Russian Federation may not be entirely correct, since it can also be considered not only by the court, but also by the leadership of the internal affairs bodies and, according to current legislation, even by district police officers. It is important to pay attention to the results of the consideration of administrative cases in this category by the courts. Again, we return to the statistics.

And so according to the above figures, the result according to Article 5.61 of the Administrative Code of the Russian Federation: a warning (written) was imposed - 39, an administrative fine – 14131, according to Article 5.62 of the Administrative Code of the Russian Federation: a warning (written) was imposed - 11, an administrative fine - 4, according to Article 6.1.1 of the Administrative Code of the Russian Federation: a warning (written) was imposed - 163, an administrative fine – 94469, administrative arrest – 5452, compulsory work - 8336, according to Article 7.17 of the Administrative Code of the Russian Federation: a warning (written) was imposed - 15, an administrative fine – 17380, according to Article 20.1 of the Administrative Code of the Russian Federation: a warning (written) was imposed - 93, an administrative fine – 75319, administrative arrest – 86660. According to statistics, we see that decisions are made on administrative offenses very serious, human destinies are behind them, perhaps the offenders, feeling the severity of the punishment, will refuse to commit offenses any more and will take the path of correction in the future.

According to the local police commissioners themselves, the main working article, according to which it is really possible to attract for family violence, is Article 6.1.1 of the Administrative Code of the Russian Federation (Beatings), however, when documenting, a number of problems arise that need to be solved. The first and main one is the failure of a medical examination by a person who has been beaten. Practice shows that these persons (mostly women), realizing that their husbands will be punished, do not undergo a medical examination. But the outcome of the case depends on it, there are no injuries, there is no case of an administrative offense. It turns out that the police are working in vain, but the person who caused the beatings should be punished, prevention should work. The Ministry of Internal Affairs of Russia "Starooskolskoye" of the Belgorod region found a way out of this situation. When the police leave for a family and household conflict, where the victims have injuries, an ambulance is called, whose medical staff not only provide qualified medical care, but also record the injuries caused by the offender. Thus, the injured person does not need to undergo a medical examination, and the police officer can only withdraw medical documentation and then send the documentation to the medical examiner. And having already collected the material, having received medical documentation, the district police commissioner has the right to draw up a protocol on an administrative offense, send the material to the court for consideration. And this practice must be spread in order to avoid the most serious consequences of crimes.

In 2022, precinct officers received 16 million requests. And these are only those that are recorded in the document management databases. Oral appeals from citizens, which precinct officers often decide on the spot, are not recorded anywhere. The Ministry of Internal Affairs estimated that on average there are about 400 appeals per precinct officer, or about two during the working day.

But despite this, the identification of administrative offenses in the field of family and household relations remains currently the prerogative of the service of district police commissioners and is a real prevention of crimes related to domestic violence, and in this the main role is assigned to district police commissioners, who, according to statistics, are fighting irreconcilably against family violence.