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MAIN PAGE > Journal "Police activity" > Contents of Issue ¹ 02/2015
Contents of Issue ¹ 02/2015
Administrative activity of the police
Panshin D.L. - Some aspects of normative-legal regulation enhancement in the sphere of the state traffic police officers' supervision over the technical state of vehicles

DOI:
10.7256/2454-0692.2015.2.14467

Abstract: The subject of this study is the law enforcement practice of the Traffic Police officers to detect and prevent the administrative offences specified in paragraph 3.1 of Article 12.5 of the Code of Administrative Offences, which provides responsibility for driving the vehicle with the screen covered with colour films with a lower optical transmission than permitted by technical regulations.  In addition, the author analyzes the possible ways of this administrative offense suppression by  means of Paragraph 4 of Article 4.1 of the Code of Administrative Offences, obliging the driver to eliminate the violation on the spot even if the administrative penalty has been imposed. The methodology of the study is based on dialectical materialism and the general scientific methods of analysis, synthesis, comparison, and other methods used in administrative law. The scientific novelty of this study lies in the fact that the author offers a new, based on the federal legislation, legal way of application of Part 4 of Article 4.1 of the Code of Administrative Offences obliging the driver eliminate the violation on the spot, and makes suggestions about the improvement of the departmental normative act of the Ministry of Internal Affairs of the Russian Federation. 
Keywords: execution, responsibilities, police inspector, offense, driver, vehicle, driving, elimination, suppression, punishment
Pan'shin D.L. - Some aspects of normative-legal regulation enhancement in the sphere of the state traffic police officers' supervision over the technical state of vehicles pp. 67-72

DOI:
10.7256/2454-0692.2015.2.66301

Abstract: The subject of this study is the law enforcement practice of the Traffic Police officers to detect and prevent the administrative offences specified in paragraph 3.1 of Article 12.5 of the Code of Administrative Offences, which provides responsibility for driving the vehicle with the screen covered with colour films with a lower optical transmission than permitted by technical regulations.  In addition, the author analyzes the possible ways of this administrative offense suppression by  means of Paragraph 4 of Article 4.1 of the Code of Administrative Offences, obliging the driver to eliminate the violation on the spot even if the administrative penalty has been imposed. The methodology of the study is based on dialectical materialism and the general scientific methods of analysis, synthesis, comparison, and other methods used in administrative law. The scientific novelty of this study lies in the fact that the author offers a new, based on the federal legislation, legal way of application of Part 4 of Article 4.1 of the Code of Administrative Offences obliging the driver eliminate the violation on the spot, and makes suggestions about the improvement of the departmental normative act of the Ministry of Internal Affairs of the Russian Federation. 
Keywords: execution, responsibilities, police inspector, offense, driver, vehicle, driving, elimination, suppression, punishment
Ziganshin M.M. - On the issue of the police effectiveness improvement in transport safety provision by means of administrative and legal regulation

DOI:
10.7256/2454-0692.2015.2.14738

Abstract: The subject of the study is the administrative and legal framework regulating the activities of the police in transport safety provision. Implementation of the mechanism of administrative and legal regulation of transport safety provision by the police is of great importance for transport safety. The degree of safety of transport infrastructure objects depends on the enhancement of regulations and their correct and legal implementation. The mechanism of administrative and legal regulation of the police activities in transport safety provision includes the rules of administrative law, administrative relationships and acts of administrative law enforcement. The missions of this mechanism are mainly related to the objectives of the police. The methodology of the study is based on the dialectical method of cognition which provides the perception of legal phenomena in their development and interaction; on the general scientific methods (analysis, synthesis, abstraction, generalization, induction and deduction, analogy), and special scientific methods of study in the field of legal research (the specific sociological method, the system, historical, grammatical, and logical interpretation). The scientific novelty of the research lies in the author's approach to the study of the concept and the content of administrative and legal regulation of the police in the sphere of transport safety, to the study of the police activities in the provision of transport safety, as well as to the opportunities and prospects of use of foreign experience of the police in transport safety provision.
Keywords: regulation, activities, threat, terrorism, administrative, police, security, transport, act, system
Ziganshin M.M. - On the issue of the police effectiveness improvement in transport safety provision by means of administrative and legal regulation pp. 73-79

DOI:
10.7256/2454-0692.2015.2.66302

Abstract: The subject of the study is the administrative and legal framework regulating the activities of the police in transport safety provision. Implementation of the mechanism of administrative and legal regulation of transport safety provision by the police is of great importance for transport safety. The degree of safety of transport infrastructure objects depends on the enhancement of regulations and their correct and legal implementation. The mechanism of administrative and legal regulation of the police activities in transport safety provision includes the rules of administrative law, administrative relationships and acts of administrative law enforcement. The missions of this mechanism are mainly related to the objectives of the police. The methodology of the study is based on the dialectical method of cognition which provides the perception of legal phenomena in their development and interaction; on the general scientific methods (analysis, synthesis, abstraction, generalization, induction and deduction, analogy), and special scientific methods of study in the field of legal research (the specific sociological method, the system, historical, grammatical, and logical interpretation). The scientific novelty of the research lies in the author's approach to the study of the concept and the content of administrative and legal regulation of the police in the sphere of transport safety, to the study of the police activities in the provision of transport safety, as well as to the opportunities and prospects of use of foreign experience of the police in transport safety provision.
Keywords: regulation, activities, threat, terrorism, administrative, police, security, transport, act, system
The police and criminal procedure
Sotskov F.N. - Civil action in criminal proceedings: problems of combination

DOI:
10.7256/2454-0692.2015.2.14911

Abstract: The subject of the article includes the problems of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.
Keywords: practice, action, procedure, citizen, legal procedure, protection, guarding, enforcement, judicial, court
Sotskov F.N. - Civil action in criminal proceedings: problems of combination pp. 80-88

DOI:
10.7256/2454-0692.2015.2.66303

Abstract: The subject of the article includes the problems of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.
Keywords: practice, action, procedure, citizen, legal procedure, protection, guarding, enforcement, judicial, court
Operative investigation in police work
Astishina T.V. - Current state of organized criminal groups infringing on public morality

DOI:
10.7256/2454-0692.2015.2.14438

Abstract: The research subject includes the issues of combating organized crime groups infringing on public morality, and the problems of a criminal nature associated with sexual exploitation. The object of the article is a range of public relations connected with the activities of the police in combating crimes related to sexual exploitation. The author discusses such issues of the problem as: maintaining of houses for prostitution; forms and types of prostitution; the problem of combating the activities of pimps. Special attention is paid to the criminal legal issues of combating crimes against public morality. The methodology of the article is based on the modern achievements in the theory of knowledge. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, and the methods used in the specific sociological research (statistics, expert opinions, and others).The author concludes that nowadays criminal legislation is not sufficient enough to fight organized criminal groups dealing with sexual exploitation of women. This type of criminal activity has gained a transnational character. The special contribution of the author consists in the proposed amendments to the Criminal code and the Code of Administrative offences. In particular, it is proposed to change some corpora delicti in the sphere of sexual exploitation of men and women. The novelty of the research lies in the fact that the author formulates the proposals aimed at improvement of legal and institutional framework of the activities of the police in combating organized crime groups infringing on public morality.
Keywords: pornography, prostitute, prostitution, exploitation, sex, morality, crime, group, erotica, responsibility
Astishina T.V. - Current state of organized criminal groups infringing on public morality pp. 89-98

DOI:
10.7256/2454-0692.2015.2.66304

Abstract: The research subject includes the issues of combating organized crime groups infringing on public morality, and the problems of a criminal nature associated with sexual exploitation. The object of the article is a range of public relations connected with the activities of the police in combating crimes related to sexual exploitation. The author discusses such issues of the problem as: maintaining of houses for prostitution; forms and types of prostitution; the problem of combating the activities of pimps. Special attention is paid to the criminal legal issues of combating crimes against public morality. The methodology of the article is based on the modern achievements in the theory of knowledge. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, and the methods used in the specific sociological research (statistics, expert opinions, and others).The author concludes that nowadays criminal legislation is not sufficient enough to fight organized criminal groups dealing with sexual exploitation of women. This type of criminal activity has gained a transnational character. The special contribution of the author consists in the proposed amendments to the Criminal code and the Code of Administrative offences. In particular, it is proposed to change some corpora delicti in the sphere of sexual exploitation of men and women. The novelty of the research lies in the fact that the author formulates the proposals aimed at improvement of legal and institutional framework of the activities of the police in combating organized crime groups infringing on public morality.
Keywords: pornography, prostitute, prostitution, exploitation, sex, morality, crime, group, erotica, responsibility
Preventative work of the police
Karpov E.A., Kurmanova A.V. - On some issues of general social measures of minor crimes prevention

DOI:
10.7256/2454-0692.2015.2.14598

Abstract: The article considers the social relations appearing in the process of minor crimes prevention. The subject of the research includes the measures of prevention. The author considers the essence of the general social measures of minor crimes prevention and, in particular, the measures aimed at the preservation of the institution of familly in Russia. The research is aimed at the disclosure of the main reasons for minor crimes and the development of suggestions about the system of minor crimes combating. Recently the amount of grave crimes among minors has increased. Narcomania among minors has reached enormous scales. The authors use the dialectic method of study, the comparative method, analysis and deduction. The authors reveal a close interrelation between economical and moral reasons of crimes committed by minors. Undoubtedly, the institution of family, undergoing crisis in Russia, affects minor crimes rate. The novelty of the research lies in the complex consideration of the institution of family as a factor influencing the minor crimes rate. The authors suggest the specific measures of minor crimes prevention. Considerable part of them is connected with the enhancement of family policy in Russia. 
Keywords: consumption cult, professional criminal, crime factor, family policy, crime, prevention of crimes, hooliganism, property stratification, boarding schools, latency of crime
Karpov E.A., Kurmanova A.V. - On some issues of general social measures of minor crimes prevention pp. 99-105

DOI:
10.7256/2454-0692.2015.2.66305

Abstract: The article considers the social relations appearing in the process of minor crimes prevention. The subject of the research includes the measures of prevention. The author considers the essence of the general social measures of minor crimes prevention and, in particular, the measures aimed at the preservation of the institution of familly in Russia. The research is aimed at the disclosure of the main reasons for minor crimes and the development of suggestions about the system of minor crimes combating. Recently the amount of grave crimes among minors has increased. Narcomania among minors has reached enormous scales. The authors use the dialectic method of study, the comparative method, analysis and deduction. The authors reveal a close interrelation between economical and moral reasons of crimes committed by minors. Undoubtedly, the institution of family, undergoing crisis in Russia, affects minor crimes rate. The novelty of the research lies in the complex consideration of the institution of family as a factor influencing the minor crimes rate. The authors suggest the specific measures of minor crimes prevention. Considerable part of them is connected with the enhancement of family policy in Russia. 
Keywords: consumption cult, professional criminal, crime factor, family policy, crime, prevention of crimes, hooliganism, property stratification, boarding schools, latency of crime
Chvyakin V.A. - Psychological and pedagogical study of phenomenology of antidisciplinary behavior of adolescents

DOI:
10.7256/2454-0692.2015.2.14876

Abstract: 1. Social conditions of development play an important role in the formation of aggressive tendencies in an adolescent's behavior. Primarily, this should be judged in terms of relations: relationship of a person with his/her environment. An adverse social environment with long-term conflict situations, parental alcoholism, family members' aggression to each other, often cruelty - all these form the traits of affective explosiveness, anger, and hightened readiness for a conflict and conflict behavior. These traits will later form accentuated streaks. Therefore, a school psychologyst should pay attention to the social conditions of pupils development. Antidisciplinary behavior is most typical for teens living in unsatisfactory or not quite satisfactory social conditions.  Psychological and educational desolation of a child is considered to be the main criterion of unsatisfactory conditions of development. 2. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in sociological research.3. The main conclusions of the study concern the improvement of psychological and pedagogical research of phenomenology of antidisciplinary behavior of adolescents. Special contribution of the article consists in the continuation of the research of phenomenology of antidisciplinary behavior of adolescents, started by the author in previous editions, where he systematically revealed some problems of antidisciplinary behavior of adolescents.
Keywords: antidisciplinary, disadaptation , development, social, consciousness, education, Family, work, child, people
Chvyakin V.A. - Psychological and pedagogical study of phenomenology of antidisciplinary behavior of adolescents pp. 106-114

DOI:
10.7256/2454-0692.2015.2.66306

Abstract: 1. Social conditions of development play an important role in the formation of aggressive tendencies in an adolescent's behavior. Primarily, this should be judged in terms of relations: relationship of a person with his/her environment. An adverse social environment with long-term conflict situations, parental alcoholism, family members' aggression to each other, often cruelty - all these form the traits of affective explosiveness, anger, and hightened readiness for a conflict and conflict behavior. These traits will later form accentuated streaks. Therefore, a school psychologyst should pay attention to the social conditions of pupils development. Antidisciplinary behavior is most typical for teens living in unsatisfactory or not quite satisfactory social conditions.  Psychological and educational desolation of a child is considered to be the main criterion of unsatisfactory conditions of development. 2. The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation), the traditional legal methods, and the methods used in sociological research.3. The main conclusions of the study concern the improvement of psychological and pedagogical research of phenomenology of antidisciplinary behavior of adolescents. Special contribution of the article consists in the continuation of the research of phenomenology of antidisciplinary behavior of adolescents, started by the author in previous editions, where he systematically revealed some problems of antidisciplinary behavior of adolescents.
Keywords: antidisciplinary, disadaptation, development, social, consciousness, education, Family, work, child, people
Police staffing
Anokhin S.A. -

DOI:
10.7256/2454-0692.2015.2.14925

Abstract:
Keywords: Social partnership, employment, law, legal responsibility, collective bargaining, contract, negotiations, parties, duties, laborer
Anokhin S.A. - Sotsial'noe partnerstvo v sfere truda i ego pravovoe regulirovanie. pp. 115-119

DOI:
10.7256/2454-0692.2015.2.66307

Abstract:
Keywords: Social partnership, employment, law, legal responsibility, collective bargaining, contract, negotiations, parties, duties, laborer
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