NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Law-enforcement legislation"
Law-enforcement legislation
Maiorov V.I. - Problems of organization of voluntary people’s patrols as a form of participation of citizens in public order protection (the case of Chelyabinsk region) pp. 9-14

DOI:
10.7256/2306-9945.2016.4.20145

Abstract: The paper considers the principles of people’s patrols functioning as one of the forms of participation of citizens in public order protection. The interaction of citizens and law enforcement agencies, aimed at law and order maintenance and rights and lawful interests of citizens protection, is one of the main directions of work reflected in the federal laws “On Police” and “On the participation of citizens in public order protection”. The author analyzes the most important problems of people’s patrol’s activities, using the case of Chelyabinsk region, and proposes the ways of their solution. The research methodology is based on the recent achievements in epistemology. The author applies 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 special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to increase the effectiveness of public order protection, it is necessary to improve legal and organizational bases of cooperation between citizens and the police. The author asserts that it is necessary to increase the quality of interaction between citizens in the sphere of public order protection. The author demonstrates the peculiarities of this interaction in Chelyabinsk region. 
Tsvetkov I.B. - Investigator’s authorities in ensuring the realization of rights and legitimate interests of the accused when bringing a charge against him pp. 12-18

DOI:
10.7256/2306-9945.2016.3.19118

Abstract: The research subject is the legal regime of the investigator’s work aimed at ensuring the realization of rights and legitimate interests of the accused when bringing a charge against him. The author analyzes the provisions of the current legislation in the sphere of criminal legal proceedings and investigation. The research object is the range of social relations emerging in the process of preliminary investigation when involving a person as a defendant. Special attention is paid to the investigator’s work in the field of explaining the rights and legitimate interests to the accused and ensuring the realization of these rights. The author applies the set of general scientific and special research methods of cognition including the normative-logical method, system analysis, synthesis, analysis, deduction, induction and others. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of the mechanism of realization of investigator’s authorities in ensuring the implementation of rights and legitimate interests of the accused when bringing a charge against him. The author concludes that the investigator’s work aimed at ensuring the realization of rights and legitimate interests of a person is possible and should be executed even before involving this person as a defendant. The investigator must inform the person about his procedural rights and ensure the conditions for their realization before indictment. 
Kravchenko A.G., Khazhirokov V.A. - The models of the state’s law enforcement function in a federation: a comparative-legal aspect pp. 26-38

DOI:
10.7256/2306-9945.2016.5.20248

Abstract: The article studies the issues of reception of the elements of law enforcement models of foreign states into Russia’s legal space. The research subject is the national law enforcement models of federations. The purpose of the research is the detection of the correlation between regional factors and particular national law enforcement models. The authors hypothesize that a national law enforcement model of any state directly depends on the range of regional factors, formed in the context of internal peculiarities (ethnocultural, religious, socio-economic, etc.) and external threats (trans-border crime, geopolitical interests, international terrorism, ets.). The research methodology is based on general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling) and special research methods: the comparative-legal, system, culturological, historical, etc. The scientific novelty of the research consists in the original approach to the understanding of the problem of search for the ideal law enforcement model for the Russian state with the help of the analysis of the roots of national peculiarities of the law enforcement function modeling as the objective grounds of differences in traditional systems of means, methods and ways of protection of law and order in a state. The authors consider the national law enforcement models of the USA, England, Germany, Japan, Singapore and the countries of the Islamic law, and analyze the attempt to create a universal law enforcement model within international law. The authors formulate the conclusions, containing generalizations, including the theses about the historical nature of the particular national law enforcement models, their objective dependence on the particular mental, historical, geopolitical, criminogenic, political and other conditions, and the related limitedness of legal receptions from other national law enforcement systems and their integration into Russia’s legal space. 
Tul'skaya E.A. - Principles of disciplinary practice in internal affairs pp. 38-49

DOI:
10.7256/2306-9945.2017.2.22377

Abstract: The paper considers the problem of disciplinary practice in internal affairs and substantiates the necessity to ensure discipline and legality in internal affairs. The problem in determined by legal and organizational problems, connected with disciplinary practice provision. The topicality of the issue under study is determined by the fact that discipline and legality in internal affairs influence the quality of the police’s work. The author proves that the effectiveness of disciplinary practice is affected by the quality of formalized principles of its provision. Based on the conducted research, the author suggests improving the mechanism of implementation of particular principles of disciplinary practice. The research methodology is based on traditional methods if scientific cognition. The author applies general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and induction), traditional methods of jurisprudence (formal logical), and the methods of specific sociological research (statistical assessments, etc.). The author concludes that at the present time, to ensure disciplinary practice in internal affairs of Russia, it is necessary to improve the quality of the corresponding principles and take them into account in law enforcement activities of internal affairs agencies. The author reveals the content of the principles of disciplinary practice and formulates their concepts in the theoretical aspect. 
Obydenova T.V. - On the issue of use of the positive experience of Germany in the field of juvenile delinquency prevention in Russia pp. 45-61

DOI:
10.7256/2306-9945.2015.1.15872

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of juvenile delinquency prevention. The author carries out a theoretical and legal analysis of the concepts of legal regulation of preventive activities of the police forces in Germany from the position of administrative-legal regulation of juvenile delinquency prevention. The paper presents the author's positions about the notion of administrative-legal prevention of juvenile delinquency. The main attention is paid to the development of methods and methodology of administrative-legal regulation of juvenile delinquency prevention from the standpoint of German experience. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (the statistical methods, expert assessments, etc.).The author comes to the conclusion about the need to use the experience of law enforcement agencies of Germany in the prevention of administrative offences committed by minors. The author analyzes the activities of special entities carrying out the prevention and suppression of juvenile delinquency in Germany and the possibility of their use in Russia.The novelty of the article lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities in the sphere of the interior.
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