DOI: 10.7256/2454-0692.2014.5.13265

Abstract:

DOI: 10.7256/2454-0692.2014.5.65523

Abstract: The article concerns legal and organizational problems of guaranteeing security of the advocates. That is why, based upon the object of studies, it is noted in the article that the opposition between a good-faith advocate on one hand, organized crime and corrupt offi cials on the other hand are present in any political system and in any state. The opposition between the priority of human rights and its abuse by the criminals is inevitable. It should be noted that professional activities of an advocate are related to high risks for health and life, requiring state protection and stricter criminal responsibility for encroachments upon the health, life, and property of an advocate. The methodological basis for the article was formed with the modern achievements of the cognition theory. 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.). It is noted in the article that an advocate is an inalienable part of justice, and his main goals are to protect basic human rights and freedoms, to guarantee qualifi ed legal aid, to facilitate justice and humanity, formation of the rule-of-law state. Formally, there is legal regulation of state protection of advocates, however, it does not function. That is why, the author makes specifi c proposals in order to improve the level of security of advocates.

Keywords: advocate, security, advocacy, life, protection, health, means, the MIA, the FSS, judge.

DOI: 10.7256/2454-0692.2014.5.13103

Abstract:

DOI: 10.7256/2454-0692.2014.5.65524

Abstract: The article provides a comprehensive evaluation of specifi c features of the reform of internal affairs bodies in Georgia. The Georgian reform has attracted much attention of the mass media, and it was actively discussed by the state bodies. It should be noted that in the late years in Russia the internal affairs bodies are constantly being reformed. It is noted that in general the results of transformation of the police from the corrupt executive body into the system setting a fi ne example of justice and virtue are not yet achieved. This fact is related to the object of this study, allowing to compare the reform of the Ministry of Internal Affairs of Russia and the reform of the Ministry of Internal Affairs of Georgia. 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.). It is also necessary to note that the Georgian reform of the internal affairs bodies is rather successful, since it has formed an effi cient system of law-enforcement bodies, which was cleansed from corruption, and which has valuable cadres apparatus. The article evaluates positive aspects of this reform, which may be implemented in the Russian Federation. For this matter, the article may be of both theoretical and practical interest.

Keywords: reform, police, MIA, police, DIA, lawfulness, legal order, protection, guarding, modernization.

DOI: 10.7256/2454-0692.2014.5.12984

Abstract:

DOI: 10.7256/2454-0692.2014.5.65525

Abstract: The article concerns grounds for the administrative responsibility. The author discusses the specific features of administrative offences, its elements, and makes a conclusion, that definition of an administrative offence according to the Administrative Offences Code of the Russian Federation should be amended to include public danger. It is noted in the article that the natural element of any administrative offence is its public danger. Administrative offences in the sphere of public events are not homogenous by their nature. The methodological basis for the article was formed with the modern achievements of the cognition theory. 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.). This matter has to do with the fact that an administrative offence is behavior, which is prohibited by the norms of administrative law, that is, it contradicts the prescriptions of administrative law. If public danger is an objectively present quality of certain acts, the legislator provides for their unlawfulness in the norms prohibiting such acts. Public danger of an act does not necessarily mean that it is always unlawful, since sometimes the legislators fail to react to the presence of acts dangerous for the public by establishing its prohibition in the timely fashion.

Keywords: police, process, grounds, sanctions, stage, proceedings, administrative, elements, characteristic feature, punishment.

DOI: 10.7256/2454-0692.2014.5.13213

Abstract:

DOI: 10.7256/2454-0692.2014.5.65526

Abstract: It is noted in the article that qualification of a crime is establishing correspondence between the elements of crime committed and the elements of certain crime established by the relevant article of the Criminal Code of the Russian Federation. Being a constituent element of the activities of competent officials, and in some cases, the judges, on application of criminal law, qualification is a thinking process of the official, including comparison of elements of an act committed and the elements within a certain crime established by law. Based upon the above, the author makes a conclusion that the result of this comparison is legal evaluation of the act committed. Based upon this methodological basis, the author forms the object of studies regarding multiple crimes. The methodological basis for the article was formed with the modern achievements of the cognition theory. 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.). It is established in the article that a number of issues regarding qualification of multiple crimes concerns evaluation of criminal activity of a guilty person as process developing in time and space. That is why resolution of the problem is not directly provided for by the law, however, it follows from the existing practice of its application. Two situations are possible here, both theoretically and practically.

Keywords: crime, punishment, qualifi cation, multiplicity, sanction, criminal, law, judge, court, problem.

DOI: 10.7256/2454-0692.2014.5.12985

Abstract:

DOI: 10.7256/2454-0692.2014.5.65527

Abstract: It should be noted that membership of the Russian Federation in a number of international organizations imposes many international legal obligations on it, including those in the sphere of fi ghting corruption within the state service system. It may be proven by ratifi cation of the UN Convention against Corruption in 2006. That is why, studying the norms of international law containing legal means of its prevention and interception forms a priority direction for the studies in the sphere of fi ghting corruption. A number of legal and organizational events may be held in this sphere: holding scientifi c studies of corruption problems, mutual consultations in the sphere of fi ghting corruption. The methodological basis for the article was formed with the modern achievements of the cognition theory. 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.). Consultations on the problems of national and international corruption could have aided the states in joining their efforts for the sake of prevention and interception of corruption, forming databases on national laws, forms, methods and means of prevention and interception of corruption, providing assistance in choice and training of the personnel for the anticorruption campaigns, as well as the development of anti-corruption standards for the behavior of public servants and anti-corruption expertise of legal norms, etc.

Keywords: corruption, bribery, tampering, fi ghting, standard, counteraction, offi cial, the UNO, crime, position.

DOI: 10.7256/2454-0692.2014.5.13043

Abstract:

DOI: 10.7256/2454-0692.2014.5.65528

Abstract: In the conditions of the dynamic changes in the political, economic and social spheres in Russia, there is a topical issue regarding quality selection of candidates for the service in the internal affairs bodies. However, special attention should be paid at the very starting stage, when the candidates are chosen for the service. The author of this article evaluates various directions of improvement in the work of the cadres divisions and psychologists when selecting candidates for the service. It seems that at the current stage of development of the internal affairs bodies, cadres profi ling should be included, in order to ensure compliance of the candidates with the requirements for the positions. Additionally, the psychologists, who take part in selection of candidates for the service, should take into account the practical value of emotional intellect, being able to recognize it and take it into account when interacting with the future offi cers. When solving scientifi c problems in order to achieve the goal of the study the author applied general scientifi c methods (deduction, analysis, synthesis, comparative method), as well as some special scientifi c methods. The article concerns the issues of modern effi cient professional training of the internal affairs bodies personnel. In the conditions of the ongoing reform of the Ministry of Internal Affairs of the Russian Federation the author proposes her position on resolving some problems regarding quality selection of candidates for the service. Attention is paid to the work of the cadres divisions, as well as to the psychological support of this sphere of activities.

Keywords: cadres, psychologists, candidates for the service, internal affairs bodies, professional training, profi ling, intellect, emotions, regulation, education.

DOI: 10.7256/2454-0692.2014.5.13110

Abstract:

DOI: 10.7256/2454-0692.2014.5.65529

Abstract: The article concerns legal and organizational fundamentals of lawfulness guarantees of discipline in the service of the internal affairs bodies in the Kyrgyz Republic. Through this prism the author provides proposals for the improvement in the relevant sphere in the Russian Federation. It is noted in the article that the experience of developing the Disciplinary Charters is present in Russia. One of the fi rst such acts was adopted in 1984 in the Soviet time. Currently many post-Soviet states return the practice of adoption of such documents. That is why the author applies the method of comparative legal studies, comparing the Disciplinary Charters of Russia and Kyrgyzstan, and formulating relevant proposals. The methodological basis for the article was formed with the modern achievements of the cognition theory. 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.). It is noted in the article that disciplinary responsibility is an independent type of legal responsibility, and it holds an important place in the matters of strengthening lawfulness and discipline in the service activities in the public service, including service in the internal affairs bodies. At the same time, guaranteeing lawfulness and service discipline is especially important, since internal affairs bodies, including militia (police) have the largest personnel, and they are closest to the population, their contacts with the population in its everyday life being various.

Keywords: Charter, police, the DMA, MIA, responsibility, coercion, lawfulness, discipline, sanction, law.