DOI: 10.7256/2454-0692.2013.6.10133

Abstract:

DOI: 10.7256/2454-0692.2013.6.63559

Abstract: The article concerns topical issues of application of the legislation of the Russian Federation concerning use of administrative supervision over the persons released after serving a term in prison by the internal affairs officers. Based upon the historical experience of Russia and foreign states the authors offer possible amendments for the legislation of the Russian Federation in this sphere. In particular, they offer to shorten the period for the procedure on administrative supervision cases; to provide the possibility to handle the case in absentia of a person to whom such administrative supervision is assigned; to widen the range of persons for whom preliminary termination of administrative supervision is prohibited; and to redistribute the competences in the sphere of administrative supervision among the law-enforcement (state) bodies, including obligations to control the persons to whom administrative supervision is assigned; to include formation of the probation service into the competence of the criminal penal inspections.

Keywords: administrative supervision, person being supervised, complaint, criminal responsibility, establishing administrative supervision, preliminary termination of supervision, internal affairs bodies, criminal penal inspections, repeated relapse into crime; probation service.

DOI: 10.7256/2454-0692.2013.6.10431

Abstract:

DOI: 10.7256/2454-0692.2013.6.63560

Abstract: The object of this study includes activities of the law-enforcement bodies in the sphere of environment and guarantees of environmental security, as well as court activities in the sphere of protection of environmental rights. The number of environmental crimes and other offences is ever-growing annually. These offences have growing influence upon the public security, and in some regions they serve as political destabilization factors. All of the above requires greater efforts of all of the state bodies, law-enforcement bodies included, towards protection and revival of the natural environment of people. The scientific research methods include: historical legal and analytical methods. The methodology of the scientific study includes analysis of the nature and elements of law-enforcement functions of police in their interaction with the other law-enforcement bodies as well as with specialized bodies, competent to protect environmental security. The scientific novelty includes evaluation of law-enforcement functions of internal affairs bodies in the sphere of environmental protection. An important sphere of internal affairs bodies activities includes prophylactics of environmental offences. If one is to consider that the environmental legal activities of the internal affairs bodies may be deemed efficient when the number of environmental offences is lowered, then their most important goal is to uncover causes and prerequisites, supporting the commission of environmental crimes and development of measures aimed at prevention and interception. The study provides a conclusion that the current organization structure of internal affairs bodies generally is capable of standing up to modern environmental needs and challenges, in spite of some of its shortcomings.

Keywords: police, internal affairs bodies, jurisdiction procedure, internal affairs bodies, prosecution, environmental security, administrative procedure, environmental crimes, prosecutor supervision, environment protection.

DOI: 10.7256/2454-0692.2013.6.10597

Abstract:

DOI: 10.7256/2454-0692.2013.6.63561

Abstract: The various organizational and legal means are used in order to guarantee rule of law and legal order within the state administration system of the Russian Federation, and the influence of these means also varies depending on the participants of legal relations. The choice of methods for the regulation of public law relations depends on their role in administration organizations, on goals and aims, which they have, and also on lawfulness or unlawfulness of their actions. The traditional methods in administration relations are coercion and persuasion. Each of them is used depending on the situation and the goals of the legal practitioner. The police activities use the methods of administration, which are typical for the police activities and for the guarantees of legal order. The police, being the universal law-enforcement body, employs a complex of stimulating methods, as well as a system of coercive methods, forcing the legal entities and natural persons to follow the limitations and prohibitions established by law based on the will of the state. Therefore, public coercion is the central element of the police activities. Interception of crimes and administrative offences is mostly executed by coercive means. However, the state coercion is not homogenous. It may be differentiated into a number of groups. The administrative interception measures are central to the system of public coercion. Administrative coercion is applied by most services and divisions of the police. That is why the problem of improvement of the administrative interception measures and formation of the efficient mechanism for their use in the police activities is so topical. The administrative coercion measures implemented by the police are various. These measures support the law-enforcement potential of various administrative prevention measures, allowing to expose crimes and administrative offences, as well as guaranteeing application of administrative punishments.

Keywords: police, coercion, policeman, control, problem, implementation, arms, special means, danger, damage.

DOI: 10.7256/2454-0692.2013.6.10393

Abstract:

DOI: 10.7256/2454-0692.2013.6.63562

Abstract: At the current stage of development of transportation and transportation infrastructure we face the new challenges for the formation of complex transportation security system. For example, in 2012 the number of car accidents grew by 10 per cent, while the number of accidents of air and water transportation vehicles grew by 3,4 per cent, and the number of railroad accidents grew by 5,6 per cent. Annually about 100 000 people die in transport-related accidents in the Russian Federation. The above-mentioned data substantiates the need to improve administrative legal regulation in the sphere of transportation and transportation infrastructure. The issues of personal, social and public security were always among the central attention focuses of state and civil society. Economic globalization, terrorist threats, and lack of stability in financial and political situations in many states make us change the perspective of global security issues, including the sphere of transportation, being vulnerable in the current conditions. Development of the national transportation system becomes a necessary prerequisite for the implementation of an innovative economic growth model of the Russian Federation and the improvement of the quality of life of the people. In spite of positive tendencies within certain types of transportation, the transportation system does not fully meet the needs and perspectives of the development of the Russian Federation. The unbalanced and unharmonious development of some types of transportation in the conditions of limited investment resources caused them to have irrational share within the national transportation balance.

Keywords: security, risk, fight, organ, victim, harm, guarantees, control, implementation, perish.

DOI: 10.7256/2454-0692.2013.6.10433

Abstract:

DOI: 10.7256/2454-0692.2013.6.63563

Abstract: The studies of administrative procedural position of the participants of the administrative offence proceedings are quite topical. It is due to a number of factors, one of which concerns the fact that “legal position of the subject of law” is one of the key elements characterizing legal institutions. Additionally, the development of the Russian legislation on administrative offences had its share of difficulties and contradictions. Due to the abovementioned issues the studies the administrative procedural positions of the participants of the administrative offence proceedings may help us to uncover the contradictions in the Administrative Offences Code of the Russian Federation, precluding achievement of goals of the proceedings on the administrative offences goals. All of the above and a number of other circumstances require that the administrative law provisions on the status of participants of administrative offence proceedings are amended. The complex evaluation of the administrative procedural position of participants of administrative offence proceedings was not previously performed. This material may be of help for in-depth understanding of administrative legal position of the participants of administrative offence proceedings, as well as for the improvement of administrative jurisdictional activities of the internal affairs bodies. The legal position of the participants of administrative offence proceedings is also reflected in the current legislation. Their legal statuses define the interactions between the participants of administrative offence proceedings and the state. Before evaluating the definition and legal nature of the status of participants of administrative offence proceedings , it is necessary to establish the elements of the key categories, such as legal position and legal status.

Keywords: participant, status, proceedings, control, regulation, position, obligation, process, rights, implementation.

DOI: 10.7256/2454-0692.2013.6.10340

Abstract:

DOI: 10.7256/2454-0692.2013.6.63564

Abstract: The article is devoted to the evaluation of the specific features of the anti-corruption expertise of normative legal acts and drafts of normative legal acts of the Federal Customs Service of the Russian Federation. The topicality of this issue is due to its debatable character and it being relatively unstudied within the theory of administrative law. The author analyzes the views of various scientists on defining anti-corruption expertise of normative legal acts and draft normative legal acts. The author then singles out the characteristic features of the anti-corruption expertise of normative legal acts and drafts of normative legal acts of the Federal Customs Service of the Russian Federation. Based upon the study the author provides her own definition of the anti-corruption expertise of normative legal acts and drafts of normative legal acts of the Federal Customs Service of the Russian Federation. Fighting corruption is a complicated systemic activity, and it is aimed at lowering the amount and neutralizing of the corruption elements in a state, formation of administrative thresholds against it. In the process of the studies the author employed the following methods: general philosophical, theoretical, empiric (dialectic, systemic, analysis, synthesis, analogy, deduction, observation, modeling), as well as traditional legal methods (formal logic), and specialized sociological methods (statistics, expert evaluations, etc.). Preventive and prophylactic measures play a special role within the range of means used against corruption, and an important place belongs to organizational and legal means for the improvement of legislative activities. The quality of a normative legal act regulating social relations depends on the efficiency of anti-corruption expertise to a significant extent. Therefore, the use of the anti-corruption expertise mechanism at the stage of drafting of a normative legal act, and namely, establishing the corruption-generating factors, reporting of export opinions, following the procedure of anti-corruption expertise , should preclude formation of corruption elements within the legislative system.

Keywords: corruption, expertise, expert, counteraction, fight, risk, propensity for corruption, the Federal Customs service, method, style.

DOI: 10.7256/2454-0692.2013.6.10448

Abstract:

DOI: 10.7256/2454-0692.2013.6.63565

Abstract: The article is devoted to the problems of teaching legal psychology within the higher professional education of lawyers. In particular, it is devoted to the problems of teaching theoretical materials and development of practical skills, resolving the problem of strengthening the practical elements and development of the creative potential in the process of education of future lawyers in the higher education institutions. Legal psychology as an education discipline is aimed at the studies of psychological aspects of application of legal norms and participation in legal activities. The legal psychology is taught to the future psychologists, lawyers, economists and managers in the modern higher education system. Special attention is paid to legal psychology in the law-enforcement education institution. Teaching psychology in general and legal psychology in particular is closely connected with the ability to use the theoretical psychological knowledge in the practical situations. The article contains analysis of pedagogical technologies facilitating the ability to use theoretical knowledge in practice, namely, use of workbooks, portfolio process, case-method in combination of social and psychological training. Teaching psychology has a long history. And some kinds of psychological disciplines are taught in almost all of the higher education institutions for several decades by now. The courses include elements of psychology, while they vary in their volume, depth of the study and specific direction of the contents. And it is expected that most of the law students shall manage not only to study legal psychology, but also obtain knowledge and skills of various branches of psychology (mostly, general and social psychology).

Keywords: staff, method, teaching, police, policeman, method, didactics, form, principle, interactive.