DOI: 10.7256/2454-0692.2015.3.15499

Abstract: The author studies the meaning of violence as a criminal phenomenon, characterizes the concept of violence in the context of its criminal attributes. The author analyzes such attributes of violence as coercion, premeditation, and activity of the deed. The author emphasizes that violence can be of physical, psychic and sexual character. From the viewpoint of the subject, violence can be used against another person, a group of people, the society, and an animal. The study provides the analysis of other attributes of violence. The author offers his own definition of violence as a criminal category. The author uses the following methodological bases: the complex of the general scientific and special methods of cognition of socio-legal reality. The methodology is based on the dialectical method with its features of objectivity, universality, historicism, and certainty of the truth. Among the general scientific methods the author uses the methods of analysis, synthesis, comparison, measurement. As a special method the author uses the method of comparative-legal analysis. The novelty of the research lies in the attempt to reveal the essence of violence as a criminal category, the absence of which impedes law enforcement and doesn’t favour the uniformity of practice. The author offers the following definition of violence: a socially dangerous premeditated active physical, psychic or sexual act used against another person, a group of people, the society or an animal, characterized by the moral, physical or material harm and prohibited by the Criminal Code under the threat of punishment. 

Keywords: physical violence, psychic violence, criminal law, term, definition, family, violence, counteraction, sexual abuse, injury

DOI: 10.7256/2454-0692.2015.3.66534

Abstract: The author studies the meaning of violence as a criminal phenomenon, characterizes the concept of violence in the context of its criminal attributes. The author analyzes such attributes of violence as coercion, premeditation, and activity of the deed. The author emphasizes that violence can be of physical, psychic and sexual character. From the viewpoint of the subject, violence can be used against another person, a group of people, the society, and an animal. The study provides the analysis of other attributes of violence. The author offers his own definition of violence as a criminal category. The author uses the following methodological bases: the complex of the general scientific and special methods of cognition of socio-legal reality. The methodology is based on the dialectical method with its features of objectivity, universality, historicism, and certainty of the truth. Among the general scientific methods the author uses the methods of analysis, synthesis, comparison, measurement. As a special method the author uses the method of comparative-legal analysis. The novelty of the research lies in the attempt to reveal the essence of violence as a criminal category, the absence of which impedes law enforcement and doesn’t favour the uniformity of practice. The author offers the following definition of violence: a socially dangerous premeditated active physical, psychic or sexual act used against another person, a group of people, the society or an animal, characterized by the moral, physical or material harm and prohibited by the Criminal Code under the threat of punishment. 

Keywords: physical violence, psychic violence, criminal law, term, definition, family, violence, counteraction, sexual abuse, injury

DOI: 10.7256/2454-0692.2015.3.15423

Abstract: The article focuses on the problems of legal regulation of the parties’ statuses in the procedural relations. The importance of this topic is conditioned by the legislative rights of the state prosecution and the defense to present their opinions to the court on the stage of pleadings about the application of the criminal law and infliction of punishment. The main conclusion of the article says that the abovementioned legal specificity is supposed to have an ambiguous legal regulation and, consequently, is unequally considered by the court when deciding on the case. This circumstance predetermines the search for the solution of the problem of the parties’ equality during the proceedings and the priority of one of the opinions for the court. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods applied in special sociological research (the statistical method, expert assessments, etc.). The main conclusion of the article says that there is still much to be done for the provision of law and order in criminal procedure. The main conclusion of the author is the declaration of the necessity of the parties’ procedural equality development in criminal proceedings. The novelty of the research lies in the proposals about the development of procedural criminal legislation in the sphere of the provision of procedural equality of parties in the stage of pleadings.

Keywords: public prosecution, court, police, duty, party, equality, lawyer, coercion, process, stage

DOI: 10.7256/2454-0692.2015.3.66535

Abstract: The article focuses on the problems of legal regulation of the parties’ statuses in the procedural relations. The importance of this topic is conditioned by the legislative rights of the state prosecution and the defense to present their opinions to the court on the stage of pleadings about the application of the criminal law and infliction of punishment. The main conclusion of the article says that the abovementioned legal specificity is supposed to have an ambiguous legal regulation and, consequently, is unequally considered by the court when deciding on the case. This circumstance predetermines the search for the solution of the problem of the parties’ equality during the proceedings and the priority of one of the opinions for the court. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods applied in special sociological research (the statistical method, expert assessments, etc.). The main conclusion of the article says that there is still much to be done for the provision of law and order in criminal procedure. The main conclusion of the author is the declaration of the necessity of the parties’ procedural equality development in criminal proceedings. The novelty of the research lies in the proposals about the development of procedural criminal legislation in the sphere of the provision of procedural equality of parties in the stage of pleadings.

Keywords: public prosecution, court, police, duty, party, equality, lawyer, coercion, process, stage

DOI: 10.7256/2454-0692.2015.3.15569

Abstract: The article focuses on the problems of legal and organizational measures related to administrative and legal regulation of the modern economy. The author conducts a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. The article describes the author's position about the concept of state regulation of economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of law and economics development in modern conditions. The article provides the author's position concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods used in the concrete sociological research (the statistical method, expert evaluations, etc.).The author concludes that at present in order to ensure law and order in economy, the forms and methods of administrative-legal influence on the public and private sectors of the Russian economy should be enhanced.The main contribution of the author is the declared necessity to develop the administrative-legal regulation of economy. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of economy and the creation of legal and institutional guarantees for the rule of law in the Russian economy.

Keywords: status, right, influence, state, activity, mechanism, regulation, economy, position, subject

DOI: 10.7256/2454-0692.2015.3.66536

Abstract: The article focuses on the problems of legal and organizational measures related to administrative and legal regulation of the modern economy. The author conducts a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. The article describes the author's position about the concept of state regulation of economy. The main attention is paid to the development of methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of law and economics development in modern conditions. The article provides the author's position concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods used in the concrete sociological research (the statistical method, expert evaluations, etc.).The author concludes that at present in order to ensure law and order in economy, the forms and methods of administrative-legal influence on the public and private sectors of the Russian economy should be enhanced.The main contribution of the author is the declared necessity to develop the administrative-legal regulation of economy. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of economy and the creation of legal and institutional guarantees for the rule of law in the Russian economy.

Keywords: status, right, influence, state, activity, mechanism, regulation, economy, position, subject

DOI: 10.7256/2454-0692.2015.3.15584

Abstract: The article focuses on the problems of legal and organizational measures related to legal and organizational regulation of the modern economy. The author conducts a theoretical and legal analysis of the concepts of legal regulation of economic relations from the viewpoint of security provision. The article describes the author's attitudes towards the concept of economic security management. The main attention is paid to the development of methods and methodology of state influence on economic relations for the purpose of economic security provision. In addition, the article presents a theoretical and legal analysis of economic security development concepts in modern conditions. The paper describes the author's position concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods used in special sociological research (the statistical mehtod, expert evaluation, etc.).The author concludes that at present in order to provide law and order in the economic sphere, forms and methods of economic security provision should be enhanced. The main contribution of the author is the declared need for the development of state regulation of economic security. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of economy and the creation of legal and institutional guarantees of legality in the sphere of economic security.

Keywords: protection, policy, method, state, source, regulation, concept, security, economy, government

DOI: 10.7256/2454-0692.2015.3.66537

Abstract: The article focuses on the problems of legal and organizational measures related to legal and organizational regulation of the modern economy. The author conducts a theoretical and legal analysis of the concepts of legal regulation of economic relations from the viewpoint of security provision. The article describes the author's attitudes towards the concept of economic security management. The main attention is paid to the development of methods and methodology of state influence on economic relations for the purpose of economic security provision. In addition, the article presents a theoretical and legal analysis of economic security development concepts in modern conditions. The paper describes the author's position concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods used in special sociological research (the statistical mehtod, expert evaluation, etc.).The author concludes that at present in order to provide law and order in the economic sphere, forms and methods of economic security provision should be enhanced. The main contribution of the author is the declared need for the development of state regulation of economic security. The novelty of the article lies in the proposals for the development of forms and methods of state regulation of economy and the creation of legal and institutional guarantees of legality in the sphere of economic security.

Keywords: protection, policy, method, state, source, regulation, concept, security, economy, government

DOI: 10.7256/2454-0692.2015.3.15445

Abstract: Anti-corruption training of police officers at the recent level of professional training does not provide the implementation of functions of law-enforcement agencies in combating crime. In this regard, the subject of the article is the analysis of educational programs of several educational institutions within the Russian Ministry of Internal Affairs which, in our opinion, though train specialists for combating crime, lack an analytical component of education. Training of analysts in the sphere of combating crime not only in educational institutions of the law-enforcement system but also in other institutions promotes education of highly qualified managerial personnel with the knowledge of the causes and conditions of criminal activity. The conducted systems analysis of the level of students training revealed the shortcomings in the sociological, economic, political cognition of the society. On the base of the dialectical method the author compares some statistical (economic and sociological) indicators with the measures taken to combat corruption crime. On the base of the legal method the author analyzes the legislative measures and the policies based on the statistical indicators of crime in Russian regions. The author concludes that for the effective combating crime it is necessary, firstly, on the basis of educational institutions to create programs of training the analysts in the sphere of combating crime, secondly, to establish research centers for the study of the causes and conditions of criminal activity, thirdly, on the base of law enforcement experience to develop measures of combating crime taking into account the peculiarities of a particular region or city, fourthly, to get the professionals involved in the teaching of cadets and students in order to improve the abilities and skills of identification of causes and conditions of criminal activity.

Keywords: police, learner, cadet, crime, corruption, analyst, training, Education, causes, conditions

DOI: 10.7256/2454-0692.2015.3.66538

Abstract: Anti-corruption training of police officers at the recent level of professional training does not provide the implementation of functions of law-enforcement agencies in combating crime. In this regard, the subject of the article is the analysis of educational programs of several educational institutions within the Russian Ministry of Internal Affairs which, in our opinion, though train specialists for combating crime, lack an analytical component of education. Training of analysts in the sphere of combating crime not only in educational institutions of the law-enforcement system but also in other institutions promotes education of highly qualified managerial personnel with the knowledge of the causes and conditions of criminal activity. The conducted systems analysis of the level of students training revealed the shortcomings in the sociological, economic, political cognition of the society. On the base of the dialectical method the author compares some statistical (economic and sociological) indicators with the measures taken to combat corruption crime. On the base of the legal method the author analyzes the legislative measures and the policies based on the statistical indicators of crime in Russian regions. The author concludes that for the effective combating crime it is necessary, firstly, on the basis of educational institutions to create programs of training the analysts in the sphere of combating crime, secondly, to establish research centers for the study of the causes and conditions of criminal activity, thirdly, on the base of law enforcement experience to develop measures of combating crime taking into account the peculiarities of a particular region or city, fourthly, to get the professionals involved in the teaching of cadets and students in order to improve the abilities and skills of identification of causes and conditions of criminal activity.

Keywords: police, learner, cadet, crime, corruption, analyst, training, Education, causes, conditions

DOI: 10.7256/2454-0692.2015.3.15461

Abstract: The article focuses on the problems of legal and organizational measures of professional discipline provision in the system of the Ministry of Internal Affairs of the Russian Federation. The authors carry out a theoretical-legal analysis of the concepts of socio-legal regulation of professional discipline provision. The article describes the authors' positions about the concept of psychological maintenance of professional discipline. The main attention is paid to the development of methods and methodology of administrative and legal measures of discipline strengthening. In addition, the article presents a theoretical and legal analysis of concepts of professional discipline psychology development in modern conditions. The article describes the authors' positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, the systems  method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods used in special sociological researches (the statistical method, expert evaluations, etc.).The authors come to the conclusion about the development of capabilities of various methods of professional discipline maintenance among police officers. The authors study the prevention of professional discipline violations by traffic officers in order to carry out a psychological analysis of efficiency of different measures of influence. Among the effective measures the authors enumerate control, persuasion, coercion (punishment), encouragement, example, and training. The authors propose the methods for police officers' work improvement. The novelty of the research lies in the proposals for the development of forms and methods of professional discipline maintenance, and the creation of legal and institutional guarantees of legality in the sphere of the Interior.

Keywords: Ministry of Internal Affairs, psychology, provision, provision, service, Ministry of Internal Affairs, mentally abnormal person, strengthening, anomaly, analysis

DOI: 10.7256/2454-0692.2015.3.66539

Abstract: The article focuses on the problems of legal and organizational measures of professional discipline provision in the system of the Ministry of Internal Affairs of the Russian Federation. The authors carry out a theoretical-legal analysis of the concepts of socio-legal regulation of professional discipline provision. The article describes the authors' positions about the concept of psychological maintenance of professional discipline. The main attention is paid to the development of methods and methodology of administrative and legal measures of discipline strengthening. In addition, the article presents a theoretical and legal analysis of concepts of professional discipline psychology development in modern conditions. The article describes the authors' positions concerning the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, the systems  method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), and the methods used in special sociological researches (the statistical method, expert evaluations, etc.).The authors come to the conclusion about the development of capabilities of various methods of professional discipline maintenance among police officers. The authors study the prevention of professional discipline violations by traffic officers in order to carry out a psychological analysis of efficiency of different measures of influence. Among the effective measures the authors enumerate control, persuasion, coercion (punishment), encouragement, example, and training. The authors propose the methods for police officers' work improvement. The novelty of the research lies in the proposals for the development of forms and methods of professional discipline maintenance, and the creation of legal and institutional guarantees of legality in the sphere of the Interior.

Keywords: Ministry of Internal Affairs, psychology, provision, provision, service, Ministry of Internal Affairs, mentally abnormal person, strengthening, anomaly, analysis