DOI: 10.7256/2306-9945.2022.1.37768

Abstract: The subject of the study is the organizational and legal problems of the functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies in matters of road safety. The object of the study is public relations related to the functioning of public councils under the Ministry of Internal Affairs of Russia and its territorial bodies. As a result of the analysis of normative legal acts, scientific literature, the author comes to the conclusion that despite the existence of public councils for more than ten years, the analysis of the practice of their functioning allows us to assert that there are separate problems, both legal and organizational, that do not allow them to fully fulfill their intended purpose expressed in the coordination of the coordination of socially significant interests, solutions to the most important issues of the activities of internal affairs bodies, including in the field of road safety. The methodological basis of the research was a complex of general scientific and private scientific methods of cognition (formal legal, analytical, system analysis, synthesis, modeling, comparison, etc.), special scientific (technical and legal analysis, etc.). The scientific novelty of the research is expressed in the author's vision of the solution of the identified problems of the functioning of public councils. The author's general conclusion is the statement that the high social significance of the road traffic sphere for society determines the need to improve the mechanisms of citizens' participation in the management of public relations related to ensuring the safety in question, one of which is the public councils under the federal executive authority in the field of internal affairs and its territorial bodies. For the effective functioning of the institution under consideration, it is necessary to improve the organizational and legal foundations that help transform it into a real tool for expressing the position of civil society, allowing for managerial influence on the sphere of traffic.

DOI: 10.7256/2306-9945.2014.6.14880

Abstract: The article focuses on the legal and organizational problems of state building in the USSR. The object of the article is the circle of social relations connected with the reforming of economy and social sphere in the system of public administration. The author pays special attention to forms and methods of public administration reform in the USSR. Special attention is paid to the theory of the problem, as well as to the system errors that had been made in the public administration in the period of perestroika. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in sociological research.The main conclusions of the study relate to the improvement of legal organizational problems of public administration. The novelty of the paper lies in the fact that it provides  a comprehensive assessment of the developments of the 1980s.  Special contribution of the article is that it continues the study of the system crisis of the post-Soviet jurisprudence, initiated by the author in his previous publications, which had systematically revealed some problems of modern Russian stateness, later included in the Programme of the course "Problems of state and law in transition".

DOI: 10.7256/2306-9945.2016.1.18712

Abstract: The research subject is the range of legal and organizational problems of cooperation between the police and the citizens as one of the main provisions of the Federal Law “On police”. The authors analyze the main provisions related to the cooperation with the population on all levels of the system of the Ministry of Internal Affairs, to the forms and methods of direct contacts with the population, to the delivery of services to the population and responding to the needs of the population, to improving transparency and appeal of the police with the aim to create a profession-oriented personnel and to involve the citizens into cooperation. The authors analyze interaction between the citizens and the police. The paper demonstrates the authors’ positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical research methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors come to the conclusion that at present, in order to guarantee legality in the sphere of domestic affairs, it is necessary to improve forms and methods of administrative-legal interaction between the police and the civil society. The authors state the necessity to develop administrative-legal regulation in the sphere of domestic affairs. The novelty of the study lies in the proposals about the development of forms and methods of regulation of interaction between the police and the citizens. 

DOI: 10.7256/2306-9945.2018.1.26156

Abstract: In his article Esipov traces back the process of adoption of the federal law on Security Service Agencies of the Russian Federation of 1995. The author of the article analyses problems that are related to adoption and singing of the aforesaid law in terms of reformation of Russia's state security agencies at the beginning of the 1990. Noteworthy that adoption of that law was preceded with the transformatoin of the state security system in 1993 - 1994 which weakened the system yet again. When being discussed by the National Duma of the Russian Federation, the law was changed a lot including the title thereof. As a result, the Counterintelligence Service was renamed as security services. The Federal Security Service Agencies of the Russian Federation replaced the law on federal state security agencies of 1992. That law set forth general provisions regulating activity of the Federal Security Services, purposes, principles, competences, control and supervision thereof. In his research the author has used such methods as the method of structured system analysis, legalistic method, comparative law method, and legal modelling method. The author of the article gives a comparative description of two legal acts and describes their similarities and differences. As it has turned out, many provisions of the law on federal state security authorities have been transferred to the law on Federal Security Service agencies. As a result, the author makes a conclusion that the law of 1992 could have been amended instead of adopting a new law. That would reduce time and efforts that have been taken to improve the legal basis of the security service. 

DOI: 10.7256/2306-9945.2020.2.33406

Abstract: Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before  submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

DOI: 10.7256/2306-9945.2020.3.34016

Abstract: The subject of this research is the criteria for extradepartmental assessment of police performance, and the mechanism for conducting public opinion monitoring. The goal consists in the analysis of the impact of public opinion upon the performance efficiency of the bodies of internal affairs, as well as in determination of the factors affecting the formation of positive image of a police officer. The application of systemic approach in the course of this research allowed outlining the group of factors that impact the effectiveness of the bodies of internal affairs. Structural-functional analysis was used for studying the role of public opinion, identification of its development trends and conditions for the purpose of improving performance efficiency of the bodies of internal affairs. It is noted that the results of studying public opinion are an essential criterion for assessing the work of law enforcement agencies along with determination of deficiencies in their work, as well as allow make organizational and administrative decisions for their elimination. The author substantiates the growing influence of public opinion upon the current socially-oriented model of state administration. The main conclusions of this research consist in the analysis of theoretical aspects of the impact of public opinion upon the operational police activity, as well as in proposal of recommendations  on the forms of implementation of results of public opinion monitoring, which may enhance public confidence in the police, and form positive image of the employee of internal affairs agencies.

DOI: 10.7256/2306-9945.2021.2.34776

Abstract: National security issues are crucial, multifaceted, and integral phenomena of social and political life of the country. This article explores the normative legal framework that regulates this sphere of social relations. The article presents an analysis of the features of legal support for national security as a problem of stabilizing society. Analysis is conducted on the peculiarities of legal support of national security as the problem of stabilization of society. The author notes that the national security policy, first and foremost should be aimed at ensuring geopolitical interests of the Russian Federation, its sovereignty, political stability, and progressive socioeconomic development. Research methodology employs complex and systemic approaches; systemic, functional, historical general scientific methods; analysis and synthesis as private scientific methods; formal-legal analysis of normative legal acts; and comparative legal method. It is claimed that in the sphere of domestic policy, the key prerequisite for achieving the protection of national interests should consists in unification of the nation in order to solve spiritual, cultural and material tasks due to the overall sustainability and consent in the country, nonviolent resolution of domestic social conflicts; while in the sphere of foreign policy – planning and implementation of foreign policy actions from the perspective of ensuring national interests. The author gives practical recommendations for further improvement of national security system of the Russian Federation.

DOI: 10.7256/2306-9945.2017.6.25707

Abstract: The subject of the research is the legal provisions and academic sources that describe the procedure of interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil society institutions and the public in the field of road traffic security provision. The object of the research is the legal relations, phenomena and processes arising during interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil institutions and the public in the field of road traffic security provision. As a result of analyzing legal acts and provisions and academic literature, the author of the article provides a brief analysis of the interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil institutions and the public in the field of road traffic security provision and describes the main forms of the aforesaid interaction. The  methodological basis of the research is a set of general and special research methods (formal law, analytical methods, systems approach, analysis, synthesis, modelling, comparison, etc.) The main conclusion made by the author is his statement that in a modern democratic state interaction between the State Traffic Inspectorate and civil society institutions and the public in the field of road traffic security provision is a form of social partnership and essential element of an integral road traffic safety provision under the conditions of internal affairs being reformed. Civil society institutions are an important resource that ensures consequent and systemic influence on social relations in this field and enables to protect rights and legal interests of road traffic participants, to reduce the level of road accidents, the number of died and wounded. The novelty of the research is caused by the fact that the author conducts an integral analysis of theoretical and legal aspects of the interaction between the State Traffic Inspectorate under the Ministry of Internal Affairs of the Russian Federation and civil institutions and the public in the field of road traffic security provision. 

DOI: 10.7256/2306-9945.2015.5.18041

Abstract: The research object includes the Model provisions on the anti-corruption commission in the region of the Russian Federation assented by the Presidential Decree of 15 July 2015 No 364 “On the Measures of Improving Anti-corruption Activities”. The research subject includes the Model Provisions on the anti-corruption commission in the region of the Russian Federation. The author considers the experience of the Republic of Tatarstan in establishing anti-corruption commissions. The research methodology comprises regulatory acts of the Russian Federation and its regions. The author applies general scientific and special research methods, such as formal-legal, comparative-legal and the method of interpreting legal provisions. The novelty of the study lies in the lack of works in this field. The author concludes that Presidential Decree of 15 July 2015 No 364 “On the Measures of Improving Anti-corruption Activities” is the element of the “vertical” in the anti-corruption system in the Russian Federation and its regions.