Abstract: The research subject is the provisions of Russian legislation determining the contents of the national security paradigm of the Russian Federation in the context of drug-related threats, the provisions of the Criminal Code of the Russian Federation establishing the grounds and the principles of criminal responsibility for drug-related crimes, and the practice of their application by law enforcement bodies of the Russian Federation. The research object is social relations connected with the process of formation and development of organized groups and criminal communities (criminal organizations), their drug-related transnational activities, and Russia’s security provision in the drug-related sphere. The research methodology is based on the dialectical method of scientific cognition, general methods of scientific cognition (analysis, synthesis, induction, the system-structural approach, and the logical method), special methods (content-analysis of statistical data and sociological method) and specific research methods (interpretation of provisions of law, legal dogmatic method, and the method of comparative jurisprudence). The scientific novelty of the study consists in new knowledge and conclusions about criminological characteristics of transnational organized crime, and the tendencies of its development within the territory of the Russian Federation; the system of criminal interactions in transnational drug trafficking and legalization (laundering) of received money; cause-and-effect links causing criminal behavior of heads and perpetrators of crimes; transnational organized crime mechanisms. The author reveals the gaps in the legislation of the Russian Federation affecting the processes of causality of transnational organized drug-related crime.

DOI: 10.7256/2454-0692.2017.1.19290

Abstract: The paper studies legal terminology. The author emphasizes the fact that unambiguity in sense and functional stability are the features of a legal term, since each term of law should fully conform to the concept denoted and express its essence. The article gives attention to the uniqueness of legal terminology in the context of language and its role in policing. The author considers the problems of correct use of legal terms by legal professionals. The author substantiates the importance of correct use of terms. The author emphasizes the fact that the formation and development of means of expression of any branch of science are closely connected with the process of formation of this science and fully reflect the stages of its development. The used research method is the cognitive approach, including the methods of logical and conceptual analysis. The author carries out theoretical analysis of the system of legal terms and attempts to demonstrate what the modern legal terminology should be from the positions of the general theory of law. The scientific novelty of the study is determined by the set of tasks and the very object of the research. The author attempts to define the formal and conceptual features of the structure of the terminology system of law. Being an object of linguo-didactical study, legal terminology acts as a representative of a large family of languages for special purposes. Since the language of law lives and develops together with the society, its social, cultural, and historical role should be appreciated.

DOI: 10.7256/2454-0692.2017.1.18461

Abstract: The research subject is the personality of a party to a criminal process as a crime victim. The authors give attention to the study of illegal influence exerted on the parties to a criminal process by criminals. The authors study the sources of information about illegal influence exerted on the parties to a criminal process by criminals. The authors study the problems arising in the result of illegal influence on a crime victim, which is one of the ways to hamper the investigation illegally. The article considers the ways to ensure safety of the parties to criminal process by law enforcement agencies. The research methodology includes dialectical materialism as the general method of cognition and the related general scientific and special methods of cognition: observation, analysis, synthesis, logical-legal and comparative analysis of statistical data. The authors conclude that the formal limitation of study of a crime victim’s personality can lead to the situation when the investigator won’t be able to detect illegal influence on a party to a criminal process by criminals in due time, and that can cause negative consequences in the investigation and failure to ensure the victim’s safety.

DOI: 10.7256/2454-0692.2017.1.21867

Abstract: The article is aimed at the study of legal aspects of policing in the mechanism of enforcement of human and civil rights and freedoms. The research subject is the existing scientific approaches to the interpretation of the role of law enforcement bodies in the enforcement of rights of citizens. The author studies the example of the police in foreign countries. Special attention is given to the works of American and Western European scholars studying the capacities of the police in the protection of rights. The author relies upon the thesis that the police are the core of the law enforcement system of a modern democratic state, and the enforcement of rights is one of their activities. The analysis of the set of theoretical and practical works, including the works of foreign legal scholars, allows the author to consider both positive and negative aspects of the police work, when the police can at the same time protect and restrict the rights of citizens. The author concludes that the protection of human rights by the police in modern foreign countries is a result of dedicated work of the police fulfilling their duties imposed on them by special laws; it ensures the trust of the population in police officers and promotes the development of cooperation between the civil society and law enforcement agencies. The scientific novelty of the study consists in the fact that the author considers the work of the police within the mechanism of enforcement of rights and freedoms as a priority direction of policing in modern democratic states. The practical implementation of “the police at the service of society” concept, successfully applied in European countries, will increase the authority of internal affairs bodies of the Russian Federation.

DOI: 10.7256/2454-0692.2017.1.21744

Abstract: The author analyzes the positive experience and the existing problems of policing in the Netherlands and the Russian Federation and the participation of citizens in public order protection. The author studies the Dutch police’s experience in the work with the population. The author reveals the strategy underlying the important developments in the sphere of citizens’ participation in public order protection, and author demonstrates the positive impact of this policy on citizen’s trust in and attitude towards the Dutch police. The article analyzes the legal framework, the forms of participation, and the main problems connected with the citizens’ participation in public order protection in the Russian Federation. The author applies the following methods: dialectics, abstraction, analysis, synthesis, deduction, and the method of intersectoral legal studies. Analyzing the Dutch experience, the author concludes that the participation of citizens in public order protection can improve the relations between the police and the citizens by means of the police integration into the society. The renewal of community law-enforcement units in the Russian Federation, taking into account the historical and foreign experience, can become an effective measure aimed at crime prevention. The involvement of citizens into public order protection has a huge potential. Russian citizens, as well as the government, are interested not only in their personal safety, but also in the reduction of crimes in general. Understanding and harmony in this field increases trust between the citizens and the government, and can promote the renewal of community law enforcement groups and improve the struggle against crime.

DOI: 10.7256/2454-0692.2017.1.22019

Abstract: The research subject is Russian administrative legislation regulating the reasons and the procedure for particular measures of administrative coercion, the practice of their application and judicial practice and theoretical concepts in this sphere. The research object is the specific administrative-procedural relations, emerging in the process of application of measures of administrative coercion, including personal search, search of a person’s belongings, vehicle searching, breaking into a vehicle, carried out by the representatives of the officials of federal executive authorities. The research methodology is based on the dialectical method of cognition, the fundamental provisions of scientific worldview, and the system of philosophical knowledge as a general method of the reality cognition. The author applies the methods of historical, comparative-legal, sociological and statistical analysis. The scientific novelty consists in the application of the system approach to personal search, search of a person’s belongings, vehicle searching, breaking into a vehicle, allowing the author to study these measures of administrative coercion as a complex from the position of government coercion and administrative process on the base of the renewed legislation on administrative responsibility, which is still developing and needs to be corrected.

DOI: 10.7256/2454-0692.2017.1.20626

Abstract: The research object is the problems of enforcement of administrative law provisions in the sphere of traffic. The authors note the importance of formation of an effective mechanism of administrative regulation and the introduction of innovations in this sphere. The article considers the legislative framework of regulation and the technical novels of administrative offences in traffic recording. The topicality of the problem is explained by the fact that nowadays the effective and correct enforcement of administrative provisions in the field of traffic is a prerequisite of optimization of traffic safety and decrease of the number of road accidents. The research methodology is based on modern achievements in epistemology. The authors apply theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, and observation), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessment, etc.). The scientific novelty consists in the particular measures of improvement of the current administrative legislation aimed not only at its further enhancement in relation to law making and law enforcement, but also at the government policy implementation in the sphere of traffic safety provision. The authors conclude that at the present time, the government policy should include the set of measures for further harmonization of the legislation with the needs of the society for the decrease of the number of administrative offences and the improvement of law enforcement and administrative and jurisdictional activities of the State Traffic Safety Inspectorate.

DOI: 10.7256/2454-0692.2017.1.19553

Abstract: The paper considers the topical problems of identification of persons non-Caucasian in race (Mongoloids, Negroid). The author formulates the conceptual approaches to identification with account of the specificity of appearance of various anthropological types, and offers the unique author’s methods to solve this problem correctly and effectively. The appearance of Mongoloid and Negroid types possess a unique set of features, which affect the process of identification (recognition). But the witnesses, belonging to other anthropological types, mention not the individual features, but the group features of the certain anthropological type. Therefore, in most cases the identification is “approximate” and “relative”, thus violating procedural legislation. The research subject is the correct and effective investigative activities. The research methodology is based on the dialectical method. The author applies general scientific and special methods of cognition. Among general scientific methods, the author uses the system-structural, comparative, formal-logical, statistical and sociological methods. The scientific novelty consists in the fact that the problems of identification of persons with Mongoloid and Negroid features of appearance haven’t been studied so far, and require a complex theoretical analysis. Internal affairs agencies perform the set of tasks of searching and identifying criminals, but the methods and methodologies have been focusing on the Caucasian features and ignoring any other types (Mongoloid, Negroid).

DOI: 10.7256/2454-0692.2017.1.18136

Abstract: The research subject is the stages of formation and development of special technical support of investigative operations of internal affairs agencies. Special technical support of investigative operations of internal affairs agencies and, consequently, its legal regulation, has been forming during a significant period of Russian statehood; therefore, retrospective analysis of this process can help objectively analyze various stages of its formation and development. The analysis of use of various technical means in criminalistics and their adaptation to the needs of internal affairs agencies shows that the formation and development of special technical support of investigative operations of internal affairs agencies is connected with the historical periods of foundation and development of law enforcement activities and the application of scientific and technical achievements. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessments, etc.). The author concludes that along with the problems of technical support of investigative operations, there existed and still exist the problems of legality of application of technical means aimed at secret acquisition of information by operative units of internal affairs agencies, and the problem of protection of human and civil rights and freedoms, and their use in non-state interests.

DOI: 10.7256/2454-0692.2017.1.18446

Abstract: The research subject covers particular legal problems of using the results of investigative operations, restricting constitutional rights of citizens, in criminal proceedings. Legislation on investigating operations establishes obligatory conditions for the conduction of such investigating operations, consisting in the data on the illegal act, which is being prepared, is being committed or has been committed, and which must be preceded by pre-trial investigation. Within investigative actions, preliminary qualification of deeds is based upon the materials, acquired during investigative operations and evaluated mainly subjectively, and therefore, can lead to mistakes and inaccuracies in the evaluation of illegal acts and establishment of compositions of crimes. In this context comes up the problem of objectivity of data and its sufficiency for court sanctioning. The research methodology is based on modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (expert assessment, etc.). Based on the analysis of law-making regulations and concepts, the author offers the way of using the results of investigative operations, restricting constitutional rights of citizens, in the context of transformation of qualification of illegal deeds and, consequently, transformation of the form of pre-trial investigation.

DOI: 10.7256/2454-0692.2017.1.21611

Abstract: The research subject includes legal and organizational problems of cross-border cooperation of territorial bodies of the Ministry of Internal Affairs of the Russian Federation with competent authorities of foreign states in investigative operations aimed at transnational autotheft prevention. The author analyzes international statutory acts and national legislation, related to the investigative activities of internal affairs bodies, aimed at the prevention of autotheft committed by the citizens of bordering states. The author analyzes the statistical data on the thefts committed by the citizens of bordering states in the territories of boundary regions of the Russian Federation. The research methodology is based on modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical), and the methods of sociological research (statistical methods, expert assessment, etc.). The author concludes about the necessity to develop relations with the competent authorities of bordering states for the purpose of autotheft prevention. The scientific novelty consists in the proposal about the need for legal regulation of a verbal inquiry to a competent authority of a bordering state to exchange information for the purpose of the struggle against crime including autotheft.

DOI: 10.7256/2454-0692.2017.1.21825

Abstract: The research object is the range of social relations emerging in the process of formation of anti-corruption behavior of internal affairs bodies’ personnel. The research subject is the definition of the essence and the forms of corruption behavior and the classification of corruption determinants and corruption behavior of internal affairs bodies’ personnel. The purpose of the study is to explain the inequality of concepts of “corruption” and “corruption behavior”, the factors that determine them and the introduction of a new definition of the concept of “corruption behavior of internal affairs bodies’ personnel”. The author applies general scientific methods including analysis, synthesis, comparison, induction, deduction, analogy, classification and social and legal methods of cognition ensuring comprehensiveness of the study of corruption and corruption behavior of internal affairs bodies personnel. The author differentiates the concepts of corruption and corruption behavior and pays attention to crimes as a result of corruption behavior in the context of reasons and mechanisms, determining corruption behavior and ensuring self-determination of corruption. Special attention is given to the determinants of corruption and corruption behavior. The author actualizes the necessity to study the determinants of corruption and corruption behavior at three levels: social, group and individual. The author substantiates the optimality of the approach to the study of factors determining the extension of corruption, and factors determining corruption behavior based on three levels of classification of reasons and conditions of corruption and corruption behavior in the system of internal affairs bodies. Since the internal affairs bodies form a social system (a definite integral formation whose main elements are people, their connections and interactions), and every system functions in a definite milieu, affecting it in various ways. It makes the system react and adapt to the new conditions and requirements. The author offers a new definition to the “corruption behavior of internal affairs bodies’ personnel” concept, which is highly operational for the further consideration of legal and organizational mechanisms of anti-corruption behavior of internal affairs bodies’ personnel formation.

DOI: 10.7256/2454-0692.2017.1.17949

Abstract: The research subject is legal and organizational problems of anti-corruption security of the social sphere. The author carries out theoretical and legal analysis of the struggle against corruption in the social sphere involving criminal legal and administrative measures. The paper demonstrates the author’s positions on the concept of anti-corruption policy in the social sphere. The main attention is given to the development of methods and methodology of legal regulation of the struggle against corruption in the social sphere. Besides, the author carries out theoretical and legal analysis of the notions of anti-corruption legislation development concepts. The research methodology is based on modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal-logical), and the methods of sociological research (statistical methods, expert assessments, etc.). The author concludes that at the present time, in order to ensure law and order in the social sphere, it is necessary to improve forms and methods of legal regulation of the struggle against corruption. The author states the necessity to develop legal regulation of corruption prevention in the social sphere. The scientific novelty of the study consists in the proposals about the development of forms and methods of legal regulation of the struggle against corruption and the provision of legal and organizational guarantees of law and order in the social sphere.

DOI: 10.7256/2454-0692.2017.1.18596

Abstract: The problem of migration is still urgent in the Russian Federation nowadays. The present article analyzes the current migration situation in the Russian Federation and its impact on the crime rate. Migration is considered as one of the important factors of crime. The author differentiates illegal and criminal migration and describes the spheres of illegal ethnic groups’ activities. The author notes that migrants, who commit crimes in the territory of the Russian Federation, are also vulnerable to crimes. The study points at the main directions and the results of work aimed at migration rules observance in the Russian Federation. The author applies the set of general scientific and special methods of social and legal reality cognition. The research methodology is based on the dialectical method with the typical requirements for objectivity, comprehensiveness, historicism, and specificity of truth. The recent toughening of control over migration rules observance is also conditioned by the increased terrorist threat. The author concludes that control and adaptation measures tightening doesn’t violate human rights, but helps create obstacles to potential criminals and reveal internal security threats.

DOI: 10.7256/2454-0692.2017.1.19334

Abstract: The article considers the issues of criminal cases investigation and international cooperation. The authors analyze the provisions of statutory instruments and practical materials of law-enforcement agencies and study some aspects of investigation of criminal cases of participation of Russian citizens in extremist crimes in foreign countries. The article contains the statistical data on the criminal situation and the analysis of criminal legal provisions regulating international cooperation in the field of criminal proceedings; the authors point out the key theoretical and practical issues. Based on the analysis of the provisions of statutory instruments and practical materials of law-enforcement agencies, the authors formulate the main recommendations for investigation and cooperation with law-enforcement agencies of other countries. To reveal the problem, the authors analyze the provisions of the Code of Criminal Procedure of the Russian Federation and the opinions of processualists about the subject under consideration. The authors present their own opinions and analyze the admissibility of investigation results achieved in a foreign country on request. The practical importance of the study is based on the use of statutory materials with account of the recent changes in legislation, the empirical base, acquired in the result of generalization of law-enforcement agencies’ experience in extremist crimes investigation, and judicial practice.

DOI: 10.7256/2454-0692.2017.1.20805

Abstract: The paper is devoted to the problems of modern development of personnel policy in the Ministry of Internal Affairs of the Russian Federation. The research subject is the conditions, the main principles, organizational and legal forms and methods of personnel policy of Russian Ministry of Internal Affairs. The authors carry out theoretical and legal analysis of the Ministry reforming aimed at the creation of a modern and effective law-enforcement system in Russia. Special attention is given to the development of personnel policy principles of the Ministry and their systematization reflected in the scientific, rational, democratic and realistic character of personnel policy, and the system and complex method of personnel problems solving; the multilayer and promising character of personnel policy with account of late social effects of its change and the opinion of the collective in the management of personnel issues; flexibility and innovativeness of work with personnel; account of Russian and foreign experience, social partnership and equal access to public service; morality and humanism of personnel policy; legal and social protection of internal affairs bodies’ personnel. The research methodology is based on the fundamental provisions and scientifically grounded theoretical concepts in the sphere of modern development of “government personnel policy” and its sectoral modification – personnel policy of the Ministry of Internal Affairs. The authors apply theoretical and general philosophical methods (dialectics, the system method, analysis, analogy, synthesis, observation, and modeling), methods of jurisprudence (formal logical) and sociological methods (statistical and expert analysis). The scientific novelty consists in the definition of new guidelines for effective development of personnel policy of the Ministry of Internal Affairs: formation of the socio-oriented model of the Internal Affairs Ministry system; improvement of the system of management; formation of a new image of a police officer; improvement of professionalism; eradication of corruption; strengthening of cooperation with civil society institutions; introduction of modern telecommunication systems and research-intensive technologies; introduction of a new order of professional selection, contract service, attestation and introduction of new qualification criteria for internal affairs officers.

DOI: 10.7256/2454-0692.2017.1.18539

Abstract: The research subject is the planning of higher vocational education specialists training. The overabundance of specialists causes socio-economic problems, such as unemployment in some sectors and personnel deficiency in others. The study of the historical experience of planning in the sphere of higher education personnel training is of great importance. The calculations are defined by the Methodology Guidelines to the development of government plans of economic and social development of the USSR endorsed by the decree of the State Planning Committee of the USSR of 31 March 1980 No 631. The research is based on a comparative analysis of higher education specialists training in the Soviet period and at the present day. The author studies the data in relation to the sectors of the economics, professions and regions, which had served as a basis for the formation of plan tasks for higher education institutions in personnel training. The author concludes that government tasks for personnel training had been formed and are still formed and endorsed in the form of admission quotas in higher education institutions.