DOI: 10.7256/2454-0692.2014.4.11794

Abstract:

DOI: 10.7256/2454-0692.2014.4.65326

Abstract: The object of studies involves seizure of driver’s license as a guarantee of imp lementation of the decision on disqualification from driving vehicles, grounds and procedure for application of this type of procedural guarantee in an administrative offence cases, seizure of driver’s license or tractor driver’s license as a consequence of deprivation of a driver from driving vehicles, procedure for bringing persons avoiding giving in their driver’s license to administrative responsibility, procedure for the seizure and the means of registering the moment for giving in the driver’s license. The method of studies involved analysis of the situation regarding road accidents in Russia, studies of the current administrative legislation on guarantees in administrative offence cases via seizure of documents having value for a case. Scientific novelty of the article is due to the fact that the author offers the officials of internal affairs bodies to seize driver’s licenses at the stage of initiation of administrative offence cases involving possible punishment in form of loss of right to drive vehicles. The author also offers to introduce administrative responsibility in cases when a person avoids performance of an obligation to give in his driver’s license to the officials of internal affairs bodies via the Act of Seizure. The author also offers to amend the procedure for deprivation of a right to drive vehicles, providing for seizure of a driver’s license as a consequence.

Keywords: deprivation, decision, implementation, responsibility, grounds, procedure, license, seizure, right, driving vehicles.

DOI: 10.7256/2454-0692.2014.4.12644

Abstract:

DOI: 10.7256/2454-0692.2014.4.65327

Abstract: The changes of the last decade in social, economic and political spheres made the issues of strengthening lawfulness and legal order, protecting persons, society and state especially topical. However, as the practice has shown, the goals and principles of rule-of-law state did not yet become a reality. Moreover, currently the state is not capable of reliably protecting life, health and dignity of a person, guaranteeing strict compliance with legislation and its due implementation, the state fails to duly fight various offences, which serve as the nutrient medium for the criminal encroachments. It may be proven by the tendency for the growing number of administrative offences. That is why, it is important to form a balanced and substantiated policy on administrative punishments, being a significant part of the protective policy of the state and having an influence upon a wide range of social relations. The methodology of the article involves provisions of general scientific dialectic cognition method. Additionally, the author used specific scientific and legal methods: historical, comparative legal, logical legal, systemic structural, formal logical, and document analysis. Use of other disciplines in addition to legal ones allowed the author to avoid an overly narrow approach to the relevant issue. Resolving these problems is closely connected with the improvement of the organization of proceedings on administrative offences cases in the internal affairs bodies, since upon the initiative of these bodies tens of millions of people are brought to administrative responsibility. In addition, a comprehensive study of organization and implementation of proceedings on administrative offences cases in internal affairs bodies is topical due to the ongoing drafting of a new Administrative Offences Code of the Russian Federation, which shall take a significant place within the legislative practice of the internal affairs bodies.

Keywords: police, policeman, coercion, form, process, act, implementation of law, control, influence, status.

DOI: 10.7256/2454-0692.2014.4.12487

Abstract:

DOI: 10.7256/2454-0692.2014.4.65328

Abstract: Children form over a quarter of the population of the Russian Federation. In the course of social and economic reform state and municipal bodies have failed to guarantee necessary means of protection of juveniles from downsides and negative consequences of the transitional period. Difficulties in social and political situation in Russia put many juveniles into critical situations. Crises in many state administration spheres had a negative influence upon the situation in the sphere of juvenile offences. As the studies have shown juveniles have formed a criminally active segment of population in Russia. In the process of research the article involved both general scientific methods (analysis, synthesis, generalization, deduction, induction, etc.) and specific scientific methods (comparative legal method was involved in studying the legislative norms regarding activities of internal affairs bodies in the sphere of prevention of offences committed by the juveniles); documental analysis in the sphere of thesis study. The methods of research allowed to deal with the large amount of empirical materials via observations of the authors within the relevant aspects of thesis studies. In the process of studies the researchers studied the materials on administrative activities of the internal affairs bodies in the sphere of prevention and interception of juvenile offences, as well as to state reports on situation regarding children in the Russian Federation. Criminal statistics showed a rather small growth of juvenile crime till 1990s (about 11-12% each five years). Starting with 1991 there was a rapid growth of juvenile crime. In 1991-2014 the marker showed 46 per cent. Currently juveniles are among the most criminal categories of persons. Juvenile crime in Russia has been growing about six times faster than general number of persons in this age category. The juveniles now commit illegal acts, which were previously typical for grown-up criminals (selling weapons, narcotic and psychoactive substances, high technology crime, robbery, failure to comply with the lawful requests of a police officer, etc.).

Keywords: police, Juvenile Delinquents Divisions, child, juvenile, police, prophylactics, method, form, coercion, conviction.

DOI: 10.7256/2454-0692.2014.4.12646

Abstract:

DOI: 10.7256/2454-0692.2014.4.65329

Abstract: The article deals with legal and organizational fundamentals for the work of the head of internal affairs bodies in administrating the process of education of police personnel. Base dupno the analysis the article provides proposals on improvement on educating work in the police divisions. Strengthening the cadres in the divisions of internal affairs bodies of the MIA of Russia. The cadres policy should first of all be based upon a modern and efficient system of professional education of the police cadres. While speaking at the extended meeting of the Board of the Ministry of Internal Affairs of the Russian Federation on March 21, 2014 the Minister of Internal Affairs have noted that “the level of knowledge of the personnel joining the service in the upcoming years is very important for us”. 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.). Currently, the issue of formation of professionally competent, cultured and psychologically resilient staff of the Ministry of Internal Affairs of the Russian Federation is a topical one for the development of internal affairs bodies. Heads of internal affairs divisions play an important role in efficient education of the police officers. Role of the head of the internal affairs body is obvious, since he influences formation and preservation of healthy moral and psychological atmosphere among the staff. Disciplinary Charter of the Internal Affairs Bodies obligates the heads of divisions at all levels to guarantee compliance of their staff with the legislation of the Russian Federation, to analyze the situation in the sphere of discipline, moral and psychological climate in the internal affairs bodies. According to this normative legal document head (director) of a division is personally responsible for the preservation of professional discipline in his division of internal affairs body.

Keywords: education, management, police, policeman, cadres, DIA, MIA, CD MIA, service, Charter

DOI: 10.7256/2454-0692.2014.4.12772

Abstract:

DOI: 10.7256/2454-0692.2014.4.65330

Abstract: the object of studies involves a combination of conceptual issues within the institution of mounted police of the Great Britain: history of its formation, main goals and functions of the mounted police divisions, professional requirements to the staff of these police divisions and the conditions for joining the service, education and training of an officer of mounted police division and training the horses. In addition the article points out specific attitude of the English society to the mounted police division, which is reflected in the practice of the British courts regarding the offenders attacking mounted policemen and their horses. One of the aspects of study in this article involves the problems of funding the mounted police divisions in the modern conditions and possible ways out of the situation threatening with the abolition of this type of police in many modern states. Methodology of the study involves a combination of methods: historical, sociological, comparative legal, formal logic, induction and deduction, practical analysis of administrative and criminal cases regarding activities of the mounted police in the Great Britain. Scientific novelty is due, firstly, to the modern consecutive historical analysis of the institution of mounted police divisions of the Great Britain from the moment of its formation in 1976 and to our days. Secondly, the materials on the modern functional purposes of the mounted police in the new conditions, training of officers and horses for the service in this division are quite novel as well. Thirdly, novelty is involved in the analysis of the latest problems regarding funding and preservation of this type of police, causing on one hand the state measures for limiting such police formation, and on the other hand active opposition of the general public to the processes of dissolution of mounted police and liquidation of police horses, showing its significant input into preservation of the public order and lawfulness.

Keywords: mounted police of the Great Britain, history, goals, functions, priorities of a mounted policeman, requirements to candidates, judicial practice, modern problems, support of the general public, perspectives.

DOI: 10.7256/2454-0692.2014.4.12513

Abstract:

DOI: 10.7256/2454-0692.2014.4.65331

Abstract: The article involves analysis of legal and organizational problems regarding public control in the system of the MIA of Russia, paying attention to the forms and methods of relevant types of control. Based upon the analysis the author forms proposals for the improvement of the control mechanisms within the system of the MIA of Russia. As a results of the reform in the system of the MIA of Russia and adoption of the Federal Law of February 7, 2011 “On Police” the fundamentals of public control over the police activities were considerably strengthened. While recognizing importance of this matter, it should be noted that currently the leaders of the MIA of Russia evaluate the interaction of their structure with the institutions of the civil society among their top priorities. 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.). Currently the main accent in the development of the public formations in the sphere of preservation of public order is made upon the formation of public councils under the auspices of the government bodies, and, importantly, providing their activities to be real, and not just formal ones. It is obvious that it does not suffice to form a relevant public council, it is necessary for this council to be capable to influence administrative decisions, including those on cadres issues, within the framework of the current legislation. The President of the Russian Federation pointed that out in his Address to the Federal Assembly of 2013, where he specifically mentioned that public councils should be formed under the auspices of federal and regional executive bodies.

Keywords: council, MIA, police, policeman, officer, lawfulness, legal order, discipline, organ, form.

DOI: 10.7256/2454-0692.2014.4.12581

Abstract:

DOI: 10.7256/2454-0692.2014.4.65332

Abstract: The article provides analysis and evaluation of scientific and practical importance of a PhD thesis on criminology regarding fighting corruption in police. The author discusses the key positions of the PhD thesis regarding testing authenticity of results and recommendations on prevention of corruption crime in a specific professional environment. The author discusses specific features of scientific school in the sphere of criminology, within which the PhD thesis was written. The problem of corruption and fighting its multiple manifestations is very topical in many respects: disciplines, consequences, reaction, spread, etc. It is quite rarely that truly topical aspects of anti-corruption issues are singled out of these long lists, becoming institutional due to common character and false beliefs in incurability of corruption. The methodological basis for the dissertation 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.). While establishing topicality of the study, one should take into account the institutional problems. Corruption in the police lowers efficiency of implementation of state assignments on guaranteeing security of person, society and state. The general consequences of spread of corruption in the police include a weak society and, consequently, a weak state. The degree of substantiation of scientific positions, conclusions and recommendations provided for in a PhD thesis depend on whether object, subject and goals of the study are correctly established. The object of studies in the PhD is a complex of social relations, causing criminological opposition to corruption crime in police. The immediate object of studies involves general and criminological characteristics of corruption in police, its cause-and-effect links, personality of a corrupt officer and victim of such a crime, general and specific anti-corruption measures for the prevention of corruption in the police.

Keywords: police, policeman, corruption, opposition, fighting, coercion, responsibility, sanction, method, corrupt