DOI: 10.7256/2454-0692.2017.5.24104

Abstract: The research subject is the provisions of the rules of criminal procedure regulating the work of a head of interrogative unit and realization of the criminal procedure principles, and other materials and documents on this issue. The research object is social relations appearing during realization of criminal procedure principles during interrogation. The author analyzes different opinions about the role of criminal procedure principles; studies competitiveness, legality and reasonable time in respect to the work of a head of interrogative unit; proves their importance. The author uses various research methods: analysis, comparison, generalization and survey. The author concludes about the need to improve some provisions of the Criminal Procedure rules of the Russian Federation. To improve legality and effectiveness of the struggle against crime and legal safety of citizens, the author suggests pursuing comprehensive improvement of particular criminal procedural provisions and institutions and correction of legal deficiencies. 

DOI: 10.7256/2454-0692.2017.5.22509

Abstract: The scientific article contains recommendations about the improvement of work of minors’ affairs departments of internal affairs bodies by means of correcting the departmental legislation of the Ministry of Internal Affairs of Russia including Minors’ affairs departments regulations. The author offers the measures to improve the effectiveness of interaction of minors’ affairs departments with other departments and institutions of the system of juvenile offences prevention. The research object is the set of patterns and development trends of the system of social relations emerging in the process of legal regulation and organization of the activities of minors’ affairs departments officers. The research subject is the provisions of administrative law regulating the activities of minors’ affairs departments. The author uses general and special scientific research methods, theoretical, applied and empirical methods: general philosophical, formal-legal, comparative-legal, logical and theoretical, statistical, system. The scientific novelty consists in the fact that this is an applied work aimed at detailed studying administrative-legal, organizational and methodological problems forming the content and the order of administrative activity of minors’ affairs departments. The author formulates the ways to solve the detected problems. 

DOI: 10.7256/2454-0692.2017.5.24416

Abstract: The research subject is administrative activity of authorities in Russia and some other countries. The author focuses on the formation and development of administrative activity as one of the key types of public activity. The author considers the views of scholars of different periods on the “administrative activity” concept and the experience of formalization of administrative activity in legislation. Special attention is given to the correlation between administrative activity and public administration and the influence of the administrative reform on the modern state of administrative activity. The author uses general scientific and specific research methods including historical, comparative-legal and the method of dogmatic interpretation of statutory acts. The author formulates the idea that administrative activity is one of the key forms of public activity; at the present time, administrative activity is usually studied within particular branches, and administrative activity itself needs to be conceptually and theoretically substantiated. Such conceptual and theoretical substantiation of administrative activity by law enforcement bodies and special services requires special attention. 

DOI: 10.7256/2454-0692.2017.5.24468

Abstract: The author analyzes the situations when investigators work among accomplices in crime. The author analyzes the problems of criminal law and legal regulation of investigative activities. The author considers acceptable, to his opinion, variants of behavior correlating with the signs of various types of accomplices of crime. Special attention is given to the concept of “participation” in various criminal groups as a feature of objective side of compositions of crimes. The author gives examples from the published judicial practice relating to the topic of the research. The author’s conclusions and suggestions can be used for the application of the criminal law and in investigative activities. The author uses the dialectical method of cognition, which allows reflecting the interrelation between theory and practice, and the methods of qualitative analysis of social and legal processes, content-analysis, documents study, expert assessments, surveys, etc. The scientific novelty of the study consists in complex intersectoral analysis of problems of legal regulation of investigation within criminal environment. The author makes a hypothesis that it is possible to consider actions, which are seemingly alike the behavior of a perpetrator of crime or an accomplice, as rightful. The author substantiates the possibility to act like a perpetrator, instigator, organizer or leader. 

DOI: 10.7256/2454-0692.2017.5.23718

Abstract: The research subject is the public law concept reflected in the works of Russian jurist-researchers of the 19th century – Vasilii Nikolaevich Leshkkov (1810 – 1881) and Mikhail Mikhailovich Shpilevsky (1837 – 1883). The fundamental provision of the concept is the thesis that society is the key independent subject of public administration; private individuals as members of social associations obtain wider opportunities to realize their interests. The research subject is the ideas of V.N. Leshkov and M.M. Shpilevsky about objects, subjects and the subject-matter of public law; the jurist-researchers’ estimation of the public law concept of the 19th century. The research methodology is based on general scientific (historical, system, functional) and specific (formal-legal, historical-legal and comparative-legal) research methods. The author uses the methods of interpretation of legal ideas and statutory acts. The author characterizes the public law concept reflected in the theoretical heritage of V.N. Leshkov and M.M. Shpilevsky, which hasn’t been studied thoroughly enough so far. Within the public law concept society if considered as the key subject of administration; families, communities, classes and various interstate associations and everything created by the public – as the objects of public law. The author estimates Leshkov’s conclusions that public law reflects the process of emergence and development of social regulators; allows defining the specificity of public regulation of social relations within particular historical epoch, helps study the evolution of the legal system of any state. Therefore, when making important managerial decisions, it is necessary to take into account the experience of development of the public law sphere in a certain state. The author concludes that in the context of formation of civil society in the Russia Federation, the public law concept is to be analyzed, and its importance for the transformation of state and legal reality in contemporary Russia is to be understood.