DOI: 10.7256/2454-0692.2014.2.11607

Abstract:

DOI: 10.7256/2454-0692.2014.2.64203

Abstract: Seizure of the transportation vehicle and prohibition of its exploitations are the key guarantees in the administrative offence cases, these measures are applied by the road police officers in order to stop the offence. The definition of seizure of the transportation vehicle as an exclusion of the transportation vehicle from the road traffic appeared in the Administrative Offences Code of the Russian Federation rather recently. Accordingly, there is need to define bases and causes for application of such measures, and the moment of termination of its legal force. In the process of law-enforcement activities of the road police inspectors, they apply prohibition of exploitation of the transportation vehicle by taking away license plates from the car, thus, cancelling the access of a transportation vehicle to the road traffic in the territory of the Russian Federation, as regulated by the Federal Law “On Road Traffic Security”. What are the problems of law-enforcement practice and their possible solutions? The article contains analysis and comparison of the administrative legislation and the procedure for the seizure of the transportation vehicle and prohibition of its exploitation according to the Order of the Ministry of Internal Affairs of the Russian Federation of March 2, 2009 N. 185. The author evaluates the causes for seizure and prohibition of exploitation of a transportation vehicle and the problems in the law-enforcement practice. The author studies the issue of the violation of rules for driving and exploitation of a transportation vehicle as a cause of seizure of a vehicle. Accordingly termination of causes ends the effect of seizure. Also, the author studies the problems concerning the fact that deprivation from driving a transportation vehicle is a condition on which seizure of transportation vehicle is not possible. The author provides a definition of prohibition of exploitation of a transportation vehicle, since it is not legislatively provided, also referring to the causes for prohibition of exploitation of a vehicle and taking away of the license plates. License plates are given when the vehicle is registered and provided access to road traffic. Thus, prohibition of exploitation of a vehicle should concern registration activities.

Keywords: prohibition of exploitation, use, cause, seizure of a transportation vehicle, transportation vehicle, driving, rules, grounds, license plate, use.

DOI: 10.7256/2454-0692.2014.2.11717

Abstract:

DOI: 10.7256/2454-0692.2014.2.64204

Abstract: The article concerns the key determining factors for the crimes against the public morality (involvement of a person into prostitution, organization of prostitution activities). The author analyzes social, economic, legal, moral and spiritual determining factors for the crimes against public morality, as well as negative consequences of migration, defects in the family sphere, activities of criminal groups, defects in the work of internal affairs bodies fighting this category of crime. It is noted in the article that among the social and economic determining factors for the crimes against public morality one should point out the unsatisfactory economic situation in some social groups (poor financial situation in some social groups, unemployment, especially among the women, etc.). The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). In most cases it is impossible to clearly distinguish between the initiating and facilitating factors for the criminal acts. The author agrees with the opinion that evaluation of some matters as causes and other matters as conditions is rather relative. A specific matter may be a cause in one situation, and a condition in another. That is why it is reasonable to use the term “criminogenic factor”, which may include both events causing crimes against public morality and the matters facilitating their spread or growth of their public danger. In spite of a large amount of scientifically founded classifications of factors in crime and its types, the modern research practice clearly provides support for bringing together the groups of causes and conditions of crime, which are similar by their nature, into the factor (causal) complexes based upon the criterion of a separate sphere of social life, which may mostly include the following factors: economic, legal, spiritual and moral, social and psychological, organizational, etc.

Keywords: prostitution, violence, children, fight, counteraction, determinant, police, officer, exploitation, slavery.

DOI: 10.7256/2454-0692.2014.2.10779

Abstract:

DOI: 10.7256/2454-0692.2014.2.64205

Abstract: The role of legal divisions is significant for achieving the goals of the MIA of Russia on guaranteeing lawfulness in the activities of the internal affairs bodies and internal armed forces, considering their significant role in the improvement of the Russian legislation on the activities of the MIA. The article concerns the legal service in the MIA and its structure, contract department of the MIA, its main functions and goals, legal divisions in the departments and regional divisions of the MIA. The legal work in the territorial bodies of the MIA of Russia at the regional level is done by the senior legal consultants (legal consultants). The article discusses rights and obligations of a legal consultant, his interactions with other services in the MIA. The article involves dialectic method, systemic approach towards the object of studies, comparative analysis, synthesis, generalization, content-analysis of normative legal acts. The Contract Law Departments of the MIA and legal divisions in the Departments and Offices of the MIA of Russia at the regional level – the legal groups or legal branches, consisting of legal consultants. This selective approach allows to discuss the competence of the chief division of the MIA of Russia in the sphere of legal work and competence of a legal consultant as the key officer of the legal service. The competence of the legal consultant of the territorial body of the MIA of Russia at the regional level are various. Considering the amount of annual publications of new normative legal acts of the MIA of Russia and the large-scale amendments into the current legal acts, the role of legal consultant and the amount of their work shall be growing, while the status (general, special, individual) shall be supported. The combined data on the staff quantity of the legal divisions within the MIA system in 2007 – first half of the 2013 at the district level (up to July 1, 2013) is provided, as well as information on the claims for the compensation of moral damage brought against the bodies and divisions of the MIA of Russia in the period from 2007 to the first half of the 2013.

Keywords: legal service, legal consultant, contractual legal department, the MIA of Russia, the legal divisions, goals, functions, competence, legal position, claim, staff quantity, legal work.

DOI: 10.7256/2454-0692.2014.2.11174

Abstract:

DOI: 10.7256/2454-0692.2014.2.64206

Abstract: Implementation of executive competence and guaranteeing the public order can be achieved by certain means and methods of strategic infl uence on minds and behavior of people. Two mutually complementing methods: convincing and coercion are used to achieve this purpose at the current stage of social development. Their social purpose and effi ciency is due to the following. Firstly, these methods are determined by the general social and economic patterns of the society development. Secondly, they should be inalienable and interrelated. Thirdly, they depend on how adequately and correctly the refl ect the economic and political needs of the society and the current challenges. The methodological basis for the scientifi c article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specifi c sociological studies (statistical, expert evaluation, etc.). Application of law in some cases is related to public coercion, and this is a purely public sphere. The above-mentioned features are typical of both executive and administrative activities –as specifi c types of state activities. It is performed in various forms of which the most traditional ones according to the administrative legal literature are legal and non-legal ones. The non-legal forms of activity include material technical operations and organizational work. In the process of their implementations the legal administrative acts are not issued. Application of law is within the very core of executive-administrative activity, it is its main and defi ning manifestation. Practically speaking, it includes publication of the law-enforcement acts and administrative activities. At the same time implementation of legal acts of practical character by the bodies (offi cials) is a foremost important form of administration.

Keywords: act, application, process, regulation, infl uence, coercion, interception, police, offi cer, hit.

DOI: 10.7256/2454-0692.2014.2.11344

Abstract:

DOI: 10.7256/2454-0692.2014.2.64207

Abstract: The object of studies includes the current situation regarding violation of lawfulness among the Road Police Inspection offi cers in Russia. Causes and conditions facilitating appearance of the confl ict situations among the employees of the divisions of the Road Police Inspection, which in their combination cause professional burn-out of the staff. The professional personality deformation of an offi cers, distortion of his motivation for the lawful behavior causes confl icts among the staff, as well as the confl icts between heads of divisions and the staff. The authors studied and proposed the main directions for the activities of the heads of the Road police divisions on confl ict management, as well as their prophylactics. The goals and procedure for the formation of a professional staff in the Road police are discussed. The method of study was polling among the heads of the divisions of the Road Police and the staff regarding anxiety and confl ict-generating factors. Later via comparative and dialectic methods the authors analyzed the result s of polling and they made conclusions. The authors discuss the main directions for the activities of the leaders of the Road Police on confl ict management and prophylactics. Firstly, every head of the department or division should have individual educational work with his staff, study and understand specifi c features of the character of his employees. In addition to consideration of characters of individual employees, the due attention should be paid to the general qualities within a certain group of staff. Secondly, formation of an optimum atmosphere in a group depends on the good-faith implementation of obligations by the staff, and for this purpose the heads of divisions should professionally distribute functional obligations among the staff. Thirdly, every head of a division should learn to analyze a confl ict situation in his collective, since analysis of the experience will allow the head of the division to evaluate behaviors of the opposing parties, as well as his own activities, and then optimize the algorithm for the confl ict regulation among the staff.

Keywords: staff, Road Police Inspection, professional, collective, confl ict, deformation, head, favorable, prophylactics, prevention

DOI: 10.7256/2454-0692.2014.2.11172

Abstract:

DOI: 10.7256/2454-0692.2014.2.64208

Abstract: Evaluation of the nature of the administrative process allows to formulate the following conclusions and to make the propositions for the improvement of administrative legal regulation of the procedural activities of the police. The studies have supported the thesis that according to the scope of procedural relations administrative process is rather broad, and the procedural norms are implemented by a large number of police offi cers, each of whom has his own competence within the relevant sphere of activities. In this sense administrative process is no exception. The relevant type of legal process has some specifi c features, in particular, administrative process infl uences a large scope of social relations in the sphere of public administration by administrative procedural norms via the implementation of positive legal norms within various branches of law. Administrative process also provides the possibilities for the implementation of the administrative coercion measures. The methodological basis for the scientifi c article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specifi c sociological studies (statistical, expert evaluation, etc.). For the purpose of the improvement of the mechanism for the implementation of administrative procedural norms there is need for the methodological guarantees for a specifi c sphere of activities of the Russian police. In this respect there is need to adopt an order, by which it shall be defi ned which public services are provided by the MIA of Russia to the natural persons and legal entities, the administrative procedures within the sphere of internal affairs should also be listed. Such an approach would facilitate understanding of the nature of the administrative procedural activities implemented by the police.

Keywords: process, proceedings, police, jurisdiction, stage, participant, regulation, infl uence, correlation, coercion.

DOI: 10.7256/2454-0692.2014.2.11765

Abstract:

DOI: 10.7256/2454-0692.2014.2.64209

Abstract: The article is devoted to the studies of the contents, forms and methods of administrative activities of the police. Based upon the general theoretical bases of the administrative activities of the executive bodies and contents of the normative legal acts of the Russian Federation regulating the police activities the author analyzes the place of administrative activities among other spheres of police activities, as well as the structure of administrative police activities, then the author provides a defi nition for the administrative activities of the police. Special attention is paid in the article to the understanding of the administrative acts as a form of administrative activity, as well as to the methods of administrative police activities. The study, which is presented in the article is based upon the studies of the general theoretical bases of administrative legal science, as well as the provisions of the legal acts of the Russian Federation regulating police activities. In the process of preparing the article the author used historical and comparative methods of studies. Scientifi c novelty of the materials presented in the article is due to the defi ning the contents, structure and defi nition of administrative activities of the police, correlation between administrative procedural and administrative jurisdictional activities, clarifi cation of the contents of forms and methods of administrative police activities. The article contains the author’s defi nition of the administrative activities of the police, which includes all the main components and specifi c features of this type of activity.

Keywords: police, administrative, administrative procedure, administrative jurisdiction, activity, administrative function, internal organizational, characteristics, forms, methods.

DOI: 10.7256/2454-0692.2014.2.11921

Abstract:

DOI: 10.7256/2454-0692.2014.2.64210

Abstract: Development of the democratic principles and the institution of the rule of the people takes place in a complicated and contradictory situation. That is why the state needs to take maximum efforts in order to guarantee legal order and protection of the rights of citizens when holding public political events. In the conditions of political instability the separatist and extremism tendencies are growing in Russia. That is why the formation of additional legal and organizational mechanisms for minimizing the defects in the development of the Russian political system is very topical. The right to organize, hold and participate in gatherings, meetings, demonstrations, walks and picketing presents a universal democratic and constitutional value. It allows the citizens and their associations to take part in the political life of the state, to inform government of their needs and to protect their interests within the wide scope of social problems. The methodological basis for the scientifi c article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specifi c sociological studies (statistical, expert evaluation, etc.). The right to the free peaceful gatherings is a generally recognized democratic value, and it needs special protection, since it allows to form and express opinions and needs of various political forces and social groups forming the necessary prerequisites for the feedback from the people and their associations to the institutions of public government. That is why even taking into consideration the obvious risks involved in the implementation of this right, which become even more possible when the organizers of the public event fail to fulfi ll their duties, and in spite of the preventive needs the state should not introduce sanctions for the harm caused by the participants of the public event, which would obviously make an organizer bear civil law responsibility for acts of other people no matter whether his guilt were involved in causing harm.

Keywords: meetings, walk, police, legal order, policeman, implementation, picketing, coercion, punishment, offence.