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Publications of Polukarov Aleksandr Viktorovich
Police activity, 2017-1
Polukarov A.V. - Anti-corruption security of the social sphere pp. 116-126

DOI:
10.7256/2454-0692.2017.1.17949

Abstract: The research subject is legal and organizational problems of anti-corruption security of the social sphere. The author carries out theoretical and legal analysis of the struggle against corruption in the social sphere involving criminal legal and administrative measures. The paper demonstrates the author’s positions on the concept of anti-corruption policy in the social sphere. The main attention is given to the development of methods and methodology of legal regulation of the struggle against corruption in the social sphere. Besides, the author carries out theoretical and legal analysis of the notions of anti-corruption legislation development concepts. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal-logical), and the methods of sociological research (statistical methods, expert assessments, etc.). The author concludes that at the present time, in order to ensure law and order in the social sphere, it is necessary to improve forms and methods of legal regulation of the struggle against corruption. The author states the necessity to develop legal regulation of corruption prevention in the social sphere. The scientific novelty of the study consists in the proposals about the development of forms and methods of legal regulation of the struggle against corruption and the provision of legal and organizational guarantees of law and order in the social sphere. 
Administrative and municipal law, 2017-1
Polukarov A.V. - Corruptogenic risks in social legislation and administrative means of their prevention pp. 79-94

DOI:
10.7256/2454-0595.2017.1.21382

Abstract: The paper considers the problem of corruptogenic risks in social legislation and administrative means of their elimination. The problem is determined by legal and organizational problems of implementation of anti-corruption legislation in the system of social relations. The topicality of this issue is determined by the fact that anti-corruption issues are especially significant in the social sphere, since it affects the quality and expectancy of life. The author substantiates the necessity to increase the effectiveness of administrative anti-corruption measures in the social sphere. The author suggests improving anti-corruption mechanisms in the social sphere using anti-corruption expertise means. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical research methods (dialectics, system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at the present time, in order to ensure law and order in the social sphere, it is necessary to improve legislation on social guarantees and social protection and harmonize it with anti-corruption legislation. The author states the necessity to improve the quality of the struggle against corruption in the social sphere using anti-corruption expertise. 
Administrative and municipal law, 2016-12
Polukarov A.V. - Administrative and jurisdictional means of the struggle against corruption and the problems of their implementation in the social sphere

DOI:
10.7256/2454-0595.2016.12.20117

Abstract: The article considers the problem of realization of administrative and jurisdictional means of the struggle against corruption in the social sphere. This problem if conditioned by legal and organizational issues, connected with the implementation of anti-corruption legislation in the social relations system. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life. The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests improving anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere.
Law and Politics, 2016-10
Polukarov A.V. - Problems in and improvements to the practice of designating some forms of punishment for crimes of corruption in the social sphere

DOI:
10.7256/2454-0706.2016.10.17894

Abstract: This article focuses on the issues of legal and organizational character associated with the improvement of prescribing practices for certain punishments for crimes of corruption in the social sphere. The author carefully considers the aspects of the topic such as improving the practice of sentencing for crimes of corruption in the Russian Federation. Analysis is conducted on the practice of application of these penalties in recent years. It is noted that the practice of sentencing for corruption (including for crimes of corruption in the social sphere) constantly changed, which is linked to the constant reform of the criminal law in terms of punishment for corruption according to the criminal code. This work also analyzes the judicial practice in this sphere. The main contribution made by the author in this article is that the key directions of improving the practice of sentencing for crimes of corruption in the social sphere should be reduction in the use of the penalty of imprisonment. The author concludes that the systemic application of prison sentences for this category of crime should be replaced with a systemic application of punishment in form of confiscation, revocation of the right to hold any public office, and apply a more flexible and differentiated approach.
Law and Politics, 2016-9
Polukarov A.V. - Issues and improvements of the practice of assignment of fines for corruption in the social sphere

DOI:
10.7256/2454-0706.2016.9.17895

Abstract: The subject of this research is the issues of the legal and organizational nature associated with implementation of fines for corruption crimes in social sphere. The author carefully examines such aspects of the topic as improvements to the practice of application of these measures over the recent years. A conclusion is made that the practice of issuing fines for corruption (including corruption crimes in the social sphere) are always undergoing change, which is closely tied to the constant reforms in the criminal law with regards to corruption crimes. The author’s contribution into the research of this topic is the discovery of the need to improve the practice of assignment of punishments for corruption crimes in form of fines. The author concludes that the systemic application of imprisonment as form of punishment for corruption crimes is not ideal due to various reasons, including economic, the threat of a systematic replace of the unimplemented and most popular method of punishment for such crimes – fines, can become an effective means in the fight against the “uncollectability” of the ladder.
Administrative and municipal law, 2016-9
Polukarov A.V. - On the issue of effective application of administrative instruments of combating corruption in the social sphere

DOI:
10.7256/2454-0595.2016.9.19222

Abstract: The article studies the problem of application of administrative instruments of combating corruption in the social sphere. This issue is conditioned by legal and organizational problems of combating corruption in the social sphere. The problem of corruption in the social sphere is particularly important since it affects the quality of people’s life. The author explains the necessity to increase the effectiveness of administrative instruments of combating corruption in the social sphere. The author suggests improving both material and procedural administrative instruments of combating corruption in the social sphere. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical and theoretical 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 ensure legality in the social sphere, it is necessary to improve the quality of various administrative instruments of combating corruption in the social sphere. The author states the necessity to develop legal regulation of combating corruption in the social sphere with the help of administrative instruments. 
Administrative and municipal law, 2016-8
Polukarov A.V. - Constitutional framework of combating corruption in the social sphere

DOI:
10.7256/2454-0595.2016.8.18103

Abstract: The research subject is the range of legal problems of combating corruption in the social sphere. The author analyzes constitutional regulation of combating corruption in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the combating corruption concept. The main attention is paid to the development of methods and methodology of constitutional regulation of combating corruption in the social sphere. Besides, the author analyzes the concepts of development of constitutional law in the context of combating corruption in Russia. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical 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 ensure legality in the social sphere, it is necessary to improve forms and methods of constitutional regulation of combating corruption. The author states the necessity to develop constitutional regulation of combating corruption. The novelty of the study consists in the proposals about the development of forms and methods of state regulation of the social sphere. 
Administrative and municipal law, 2016-7
Polukarov A.V. - Administrative rules of corruption prevention in the social sphere

DOI:
10.7256/2454-0595.2016.7.18107

Abstract: The research subject is the range of administrative problems of corruption prevention in the social sphere. The author analyzes administrative rules of corruption prevention in the social sphere from the position of constitutional law. The paper demonstrates the author’s positions on the corruption prevention concept. The main attention is paid to the development of methods and methodology of constitutional regulation of corruption prevention in the social sphere. Besides, the author analyzes the concepts of administrative law development in the context of corruption prevention. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert evaluations, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of administrative regulation of corruption prevention. The author states the necessity to develop constitutional regulation of corruption prevention. The scientific novelty consists in the proposals about the development of forms and methods of administrative regulation of the social sphere. 
NB: Administrative Law and Administration Practice, 2016-6
Polukarov A.V. - Administrative and legal anti-corruption instruments of the non-public sector of social services pp. 14-27

DOI:
10.7256/2306-9945.2016.6.19772

Abstract: The research subject is the problem of application of administrative and legal anti-corruption instruments in the non-public sector of the social sphere and social services. The problem is conditioned by legal and organizational issues, typical for the process of implementation of anti-corruption legislation within the social relations system. The topicality of the problem is conditioned by the fact that anti-corruption issues are especially important in the social sphere, since it has an impact on the quality and expectancy of life. The author substantiates the necessity to improve the efficiency of application of administrative and legal anti-corruption instruments in the social sphere. Based on the research, the author suggests improving anti-corruption mechanisms in the non-public regulation of the social sphere. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative and legal anti-corruption instruments in the social sphere. The author states the necessity to improve anti-corruption measures in the social sphere. 
NB: Administrative Law and Administration Practice, 2016-5
Polukarov A.V. - Forms of corruption offences at the municipal level of administrative regulation of the social sphere pp. 39-52

DOI:
10.7256/2306-9945.2016.5.19717

Abstract: The research subject is the problem of application of administrative anti-corruption measures at the municipal level of regulation of the social sphere. This problem is caused by legal and organizational problems, occurring during the implementation of anti-corruption legislation at the municipal level of regulation of social relations. The topicality of this issue is conditioned by the fact that the struggle against corruption is especially significant in the social sphere, since it influences the quality and the duration of life.The author substantiates the necessity to increase the effectiveness of anti-corruption administrative measures in the social sphere. On the ground of the research, the author suggests to improve anti-corruption mechanisms in the social sphere. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), the traditional methods of jurisprudence (formal-logical), and the methods of sociological studies (statistical methods, expert assessments, etc.). The author concludes that at present, to maintain law and order in the social sphere, it is necessary to improve the quality of various administrative anti-corruption measures in the social sphere. The author states the necessity to improve the quality of anti-corruption measures in the social sphere. 
International Law and International Organizations, 2016-4
Polukarov A.V. - International legal standards of criminal legal means of combating corruption in the social system

DOI:
10.7256/2454-0633.2016.4.17896

Abstract: The article focuses on the problems of legal and organizational issues associated with international legal counteraction of corruption in the social sphere. The author carried out a detailed theoretical and legal analysis of international legal means of combating corruption in the social sphere with universal legal positions. Discusses the author's position regarding the notion of international-legal counteraction to corruption. The main attention is paid to development of methods and methodology of international legal regulation of countering corruption in the social sphere. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study were used General philosophical, theoretical, General philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion drawn from the results of the study, is that at present to ensure law and order in the social sphere it is necessary to improve the legal anti-corruption measures in the social sphere. The main contribution made by the authors in this article is the necessity of implementation of international legal standards for combating corruption in the social sphere. The novelty of the article lies in development of proposals for the development of forms and methods of fighting corruption and creating legal and institutional guarantees of legality in the social sphere.
NB: Administrative Law and Administration Practice, 2016-4
Polukarov A.V. - On the issue of the improvement of administrative measures of combating corruption in the social sphere pp. 22-34

DOI:
10.7256/2306-9945.2016.4.18950

Abstract: The research subject is legal regulation of the improvement of combating corruption in the social sphere. The topicality of this issue can be explained by the fact that at present corruption in the social sphere causes special concerns, since in this sphere it infringes on social relations protecting the fundamentals of the social sphere of the society. In particular, it is about the protection of citizens in difficult situation, children, disabled people, and the issues of health. The author substantiates the necessity to strengthen combating corruption and implementation of the combating corruption national plan by all administrative means. The author suggests developing the monitoring of implementation of the regulation on combating corruption, thus increasing the effectiveness of combating corruption in this sphere and strengthening the preventive function of administrative law. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical) and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve forms and methods of information support of combating corruption in the social sphere and the control over property of the social sector employees. The author asserts that it is necessary to develop legal regulation of combating corruption. The scientific novelty of the study consists in the proposals about the development of forms and methods of combating corruption in the social sphere. 
Administrative and municipal law, 2016-3
Kurakin A.V., Polukarov A.V., Smirnova V.V., Milievskaya E.B. - Legal regulation of public-private partnership in the sphere of public health

DOI:
10.7256/2454-0595.2016.3.18300

Abstract: The article considers legal and organizational issues of applying the mechanisms of public-private partnership in the sphere of public health in the light of the new federal law No 224. The authors analyze the latest amendments to statutory instruments regulating public-private interrelations in the Russian Federation. The analysis of bibliography on the issue reveals the main problems of application and directions of development of public-private partnership in the sphere of public health. The main attention is paid to the development of methods and methodology of legal regulation of public-private partnership in the sphere of public health. The authors analyze the concepts of development of law and medicine in the modern conditions. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods used in specific sociological research (statistical, expert assessments, etc.). The authors conclude that at present, in order to develop public-private partnership in the sphere of public health, it is necessary to improve forms and methods of its application. The authors also claim that it is necessary to develop public-private partnership in the sphere of public health. The novelty of the study lies in the proposals about the development of forms and methods of public-private partnership in the sphere of public health and the establishment of legal and organizational guarantees of law and order in this sphere. 
Police activity, 2016-3
Kurakin A.V., Polukarov A.V., Sukharenko A.N. - The Chinese experience of fighting corruption: administrative and criminal legal means

DOI:
10.7256/2454-0692.2016.3.18898

Abstract: The article focuses on the issues of combating corruption in China. The article notes that corruption is a system threat to the security of many countries, including the People's Republic of China. The article contains the analysis of anti-corruption articles of the Criminal code of China (1997), and the status and dynamics of fighting corruption in this country using legal and administrative means. The importance of this issue is based on the fact that at present corruption causes deep concern. The authors ground the necessity to strengthen all the legal measures of fighting corruption in the implementation of the national anti-corruption plan taking into account the Chinese experience in this sphere. It is proposed to develop anti-corruption legislation, which will contribute to a more effective struggle against this phenomenon and strengthen the preventive function of administrative law.The methodological basis comprises the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion of the study runs that at present, in order to ensure legality, it is necessary to improve forms and methods of combating corruption using administrative legal and criminal legal means. The main contribution of the authors is the conclustion about the necessity to develop legal regulation of fighting corruption. The novelty of the article lies in the proposals about the development of forms and methods of fighting corruption based on the experience of China.
Police and Investigative Activity, 2016-3
Polukarov A.V., Sukharenko A.N. - Russian-Abkhaz Сooperation in the Fight Against Transnational Organized Crime and Corruption pp. 53-58

DOI:
10.7256/2409-7810.2016.3.18901

Abstract: The article focuses on the legal and institutional order on the Russian-Abkhaz cooperation in the fight against transnational organized crime and corruption. The article notes that organized crime is one of the strategic threats to the national security of Russia. That is why international cooperation in combating it is a foreign policy priority of our country. This article contains an analysis of certain provisions of the Treaty between Russia and Abkhazia "About Alliance and strategic partnership", which was ratified in 2015 and also signed in the same year of the Treaty "On mutual legal assistance in criminal matters". Special attention is paid to the issues of bilateral police cooperation in the fight against organized crime and corruption.The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study were used General philosophical, theoretical, General philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion drawn from the results of the study, is that at the present time, for law enforcement it is necessary to improve forms and methods of combating corruption. The main contribution made by the authors in this article is the necessity of developing international cooperation in the sphere of fighting corruption. The novelty of the article lies in development of proposals for the development of forms and methods of regulation of countering corruption.
Police and Investigative Activity, 2016-2
Sukharenko A.N., Polukarov A.V. - Russia-Argentina Collaboration in the Sphere of Criminal Justice pp. 22-29

DOI:
10.7256/2409-7810.2016.2.17863

Abstract: The subject of the article is the problems of legal and organizational character connected with the international cooperation of Russia and Argentina in the criminal and legal sphere. The author in detail carries out the theoretical legal analysis of concepts of legal regulation by the international cooperation of Russia and Argentina in the criminal and legal sphere. Author's positions concerning concept of legal international cooperation are considered. The main attention in article is paid developments of methods and methodology of the international cooperation. Besides, in article the theoretical legal analysis of concepts of concepts of development international and criminal in modern conditions is carried out. The methodological basis of article was made by modern achievements of the theory of knowledge. In the course of research all-philosophical methods (dialectics, a system method, the analysis, synthesis, analogy, deduction, supervision, modeling), traditionally legal methods (formal and logical), and also the methods used in concrete and sociological researches were applied as well as all-philosophical, theoretical methods (statistical, expert estimates, etc.). Article contains the analysis of provisions of the Russia-Argentina contracts "About Mutual Aid on Criminal Cases" and "About Delivery" ratified at the end of 2015. The special attention is paid to questions of criminal prosecution and delivery of criminals of both countries, including for serving sentence in the form of imprisonment.The main contribution which is made by authors in the present article it is need of development of the international cooperation for the criminal and legal sphere. Novelty of article consists in development of offers on development of forms and methods of the international cooperation in the criminal and legal sphere between Russia and Argentina
Administrative and municipal law, 2016-2
Kurakin A.V., Polukarov A.V. - The state and its social function

DOI:
10.7256/2454-0595.2016.2.17871

Abstract: The research object is the range of legal and organizational problems of the state performing its social function. The authors analyze the concepts of legal regulation of the Russian state’s social function. The article demonstrates the authors’ position on the concept of social protection of the person. The main attention is paid to the development of methods and methodology of legal confirmation of the state’s social function. In addition, the authors analyze the social function concept in the modern conditions. The research methodology is based on the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems approach, analysis synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The authors come to the conclusion about the necessity to develop effective mechanisms of social policy implementation. The novelty of the research lies in the proposals about the development of forms and methods of state regulation of social policy and legality ensuring. 
NB: Administrative Law and Administration Practice, 2016-2
Polukarov A.V. - Administrative-legal regulation of anti-corruption monitoring in the social sphere in the Russian Federation pp. 55-62

DOI:
10.7256/2306-9945.2016.2.18865

Abstract: The research subject is legal regulation of anti-corruption monitoring in the social sphere. The topicality of this problem is determined by the fact that nowadays corruption in the social sphere arouses particular concern, since it threatens social relations protecting the fundamentals of the social sphere of the society, in particular, the protection of citizens, including those in need, children, and physically challenged persons, and the protection of health. The author substantiates the necessity to enhance by all legal means struggle against corruption in the implementation of the national anti-corruption plan. The author suggests developing the monitoring of anti-corruption legislation implementation thus stimulating a more effective struggle against corruption in this sphere and enhancing the preventive function of administrative law. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical 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 author concludes that at present, in order to ensure legality in the social sphere, it is necessary to improve the forms and methods of anti-corruption monitoring. The author states that it is necessary to develop legal regulation of struggle against corruption and offers the ways of development of forms and methods of anti-corruption monitoring and guaranteeing legality in the social sphere. 
Police and Investigative Activity, 2016-1
Polukarov A.V. - Constitutional, Administrative and Criminological Security in the Social Sphere pp. 31-44

DOI:
10.7256/2409-7810.2016.1.18108

Abstract: The article focuses on the problems of constitutional, administrative and criminological issues associated with the fight against corruption in the social sphere. The author has carried out a detailed theoretical and legal analysis of the constitutional, administrative and criminal-legal regulation of countering corruption in the social sphere from the standpoint of constitutional law. The author of the article discusses different positions on the definition of fighting corruption. The main attention is paid to the development of methods and methodology of criminological regulation of countering corruption in the social sphere. In addition, the article provides the theoretical and legal analysis of the concepts of development of administrative law in the context of combating corruption in our country. The methodological basis of the article includes recent researches on the theory of knowledge. In the course of the study the author has applied general philosophical and theoretical methods (dialectics, systems approach, method, analysis, synthesis, analogy, deduction, observation and modeling), traditionally legal methods (formal logic) as well as methods used in concrete sociological research (statistical, expert evaluation, etc.). The main conclusion drawn from the results of the study is that at the present time to ensure law and order in the social sphere it is necessary to improve forms and methods of legal and criminological guarantees of anticorruption measures. The main contribution made by the author of the article is the need of the development of constitutional-legal and administrative regulation of countering corruption. The novelty of the research is caused by the fact that the author makes proposals for the development of forms and methods of legal regulation of the social sphere.
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