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> Journal "Police activity"
> Rubric "The police and protection of human rights"
The police and protection of human rights |
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DOI: 10.7256/2454-0692.2013.2.7555
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DOI: 10.7256/2454-0692.2013.3.7659
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DOI: 10.7256/2454-0692.2013.3.8695
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Admiralova I.A., Grishin Y.N. -
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DOI: 10.7256/2454-0692.2013.3.9050
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Khilyuk S.O., Abrosimova P.A. - Legal Guarantees for Police Officers when Citizens Take Photos and Videos of their Official Activities
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pp. 1-10
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DOI: 10.7256/2454-0692.2023.6.39514
EDN: PQUXSV
Abstract: This study's objective is the interaction of employees of internal affairs bodies with mass media. The subject of the study is the legal basis for the interaction of internal affairs officers with the media, the requirements, and the procedure for preparing for such interaction. The purpose of the study is to identify the legitimate grounds for the use of photo and video devices to capture the activities of police officers, as well as the procedure for training police officers to interact with the media. The study uses theoretical research methods (interdisciplinary analysis of literature and normative legal documents, systematization, comparison, and generalization). In this article, the authors reviewed the regulatory documents explaining the rights to capture photos and videos of police officers’ professional activities. The practical significance of this study lies in the legal justification of the legality of the use of photo and video tools in the activities of police officers made by the authors based on the analyzed normative legal acts, generalized based on the studied federal laws and departmental orders communicative requirements for police communication with the media, as well as the experience presented by the authors on the formation of the readiness of future police officers to interact with the mass media at the stage of training in Russia’s Ministry of Internal Affairs’ educational organizations. So, according to the authors, for the successful preparation of future police officers for interaction with the media, it is necessary to create special pedagogical conditions, including conducting communication training, creating a cadet press center, studying a special academic discipline, as well as the constant involvement of students in interaction with the media.
Keywords:
citizens, video filming, taking photos, science and technologies progress, competence, communications, press center, training, police officer, mass media
Chervinskaya-Yakimyuk E.F. -
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DOI: 10.7256/2454-0692.2014.1.10735
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Dmitriev Y.A. - Protection of the privacy right by the Constitutional Court
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pp. 5-7
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Abstract: the article describes legal issues in determining responsibility for unauthorized obtaining of information;
as well as issues related to the legal regulation of the turnover of the equipment which is used to gain
unauthorized access to information in the work of intelligence agencies.
Keywords:
protection, honor, dignity, privacy, inviolability, intelligence agencies, equipment, unauthorized obtaining of information, object, scanning.
Kashtanova M.S. - Essence of rights defence and legitimate interests of the victim of offence
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pp. 5-8
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Abstract: the focus of the article is made on the protection of the rights and legitimate interests of the victims
of offence by the criminal investigator in the course of the criminal procedure. The article describes the
issues of the essence of such notions as «defence» and «ensuring» of the rights and legitimate interests of
the victims of offence.
Keywords:
investigator, victim, rights, legitimate interest, ensuring, investigation, essence, defence, guard.
Trunov I.L. - Voting rights of prisoners and those serving custodial sentence
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pp. 5-11
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Abstract: the topical question of criminal policy, efficiency of the reforms. One of the arguments for inefficiency
is revocation of the voting rights of the criminals serving custodial service. The decisions on revocation
of the voting rights of the prisoners by European Court were precedent and the statements, which disabled
the prisoners to vote contradicted the Convention. The appeal was properly filed by the Russian prisoner. The
article describes the legal analysis of this situation.
Keywords:
politics, right, prisoner serving custodial service, revocation, penitentiary, access, justice, court, convention, poll, democracy, sovereignty of the people.
Korzun S. Y. - Realization of administrative and judicial means of protection of the taxpayer’s rights
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pp. 5-16
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Abstract: the problem of protection of citizens’ rights has always been of great interest to the scientists
and specialists. Building and functioning of a jural state and institutes of civil society is not possible without
the observance of civil rights. Which is why almost all developed countries are striving for building legal and
organizational mechanisms, which will guarantee and protect the citizens’ rights in all spheres of their lives.
Physical entities build various relationships using their legal status in different spheres of life, including public
administration. Tax field is a special sphere physical entities deal with in their general legal status.
Keywords:
tax, tax inspectorate, control, protection, taxpayer, means, method, liability, suit, and complaint.
Czerwińska-Jakimiuk, Ewa F. - Woman as a victim of domestic violence.
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pp. 5-21
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DOI: 10.7256/2454-0692.2014.1.63882
Abstract: The topicality of this article concerns domestic violence. The main goal of the study was
content-analysis of the official police documents – “blue cards”. The studies took place in 2010 in
Poland (Crakow) in two police departments, and over 60 cards were analyzed. The studies showed
that the women, who were victims of domestic violence, usually suffered from both psychological
and physical violence, and in some families similar incidents took place before. The typical emotions,
which were shown by the victims during the police intervention was crying and fear. The violent situations
mostly concerned arguments between spouses (partners) and intoxication of the offender.
Finally, the article discusses the function for the “blue card” intervention procedure, its possible
limitations, and the most typical disorders (behavior/psychological/emotional) of the victims of the
violence, then the author makes the proposal for the further studies in this sphere. The main goal of
empiric studies was understanding and content-analysis of the secondary sources – official documents.
The author analyzed the documents concerning “blue card” police interventions. The choice
of the situations and circumstances was random. The studies took place in 2010 in Krakow in two
police departments – Police Department N. IV (ul. Krolewska, 2-4) and Police Department N. VII
(Zlota Jesień,11). Additionally, 60 “blue cards” were analyzed. As a result, it should be stated that
the studies are fragmented, and analysis of their contents in “blue card” remains topical. It should be
pointed out that according to some specialists, the “blue card” intervention procedure may serve as
a source of psychological support for a victim of domestic violence, and it also may be of value as
evidence. Additionally, it serves the following functions: standardizing police notes of intervention,
information for the victims, allowing the police to keep in touch with both the victim and the abuser,
formation of the possibility for the coordination of institutional activities and organization of persons
responsible for the assistance to the violence victims, allowing to provide more detailed evidence
of a threat of violence. Speaking of practice, there are some doubts on whether this procedure is
possible to apply in order to fight domestic violence. First of all, it should be noted that some victims
never inform the police or other institutions of the fact of aggressive and violent behavior. It may be
due to several factors, such as shame and fear of revenge of an abuser, fear and helplessness, passive
dependency functioning style, and, finally, by economic dependency on an abuser and lack of
trust in the institutions providing assistance to the victims. Additionally, since domestic violence is a
long-term matter, and it is related to deprivation and frustration of biological and psychological needs
of a victim, it can be characterized as a complicated crisis situation, having the qualities of overburdening,
threat, difficulty, painful situation. The victims of such violence have various disorders, such
as the learned helplessness, PTSD, codependency. In order to reveal close connection between a
victim and an abuser, implicating victimization and dependency on an abuser, there is need to turn to
the violence cycles, or the so-called “Stockholm syndrome” concept. The authors who pay attention
to the frequent manifestations of so-called traumatic link (D.G. Dutton, S.L. Painter), or the type of
connection with paradoxical gratitude (F. Ochberg), when the situation is influenced by demonstration
of force and advantage, as well as control over life or health of a victim, who is helpless and absolutely dependent on an abuser. It should also be remembered that both the violence itself, and
the intervention of the police are related to the cultural and social context, which includes myths and
stereotypes regarding female victims of violence, violence itself and the abusers. The functioning
of these stereotypes and myths considerably complicates the true reactions of a victim, her family,
acquaintances or persons providing official aid, and they also may have a significant influence upon
the police intervention. As a result, it may cause the victim to be unwilling or unable to explicate
violence, search for help, and it also implicates the further victimization process. If one is to speak
of the further studies in this sphere, it is worth to establish the following: whether the procedure of
“Blue card” intervention is in fact used as evidence in court in criminal cases (such as abuse of family
members) and divorce cases; whether this procedure is related to the feeling of support and growing
feeling of control for the victims of family violence; what is the aspect of preliminary influence of this
procedure towards the abusers; how efficiently the victim uses forms of official support, whether the
victim participates in psychological educational classes, support groups and therapy.
Keywords:
domestic violence, woman, victim, abuser, “blue card” procedure, content-analysis, behavior/ emotional disorders, “blue card” functions, “blue card” limitations, police statistics.
DOI: 10.7256/2454-0692.2013.3.8702
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Guseyan G.O., Bondareva A.V., Himedenova D.N. - The problems of introducing distance learning technologies into the process of education for convicts in the context of digital transformation
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pp. 8-17
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DOI: 10.7256/2454-0692.2024.2.70215
EDN: CXAGEL
Abstract: The subject of this article is the problem of the introduction of distance learning technologies in the process of education by convicts in the context of digital transformation. The article examines the main normative legal acts regulating the right of convicts to education; characterizes the problems existing in the penitentiary system when convicts receive education; examines the experience of using distance learning technologies by foreign countries, evaluates the possibility of applying their experience in the Russian penitentiary system. The relevance of the topic is due to the fact that the possibility of convicts receiving education in Russia applies only to certain categories of convicts, which is considered ineffective in the current conditions of humanization. In addition, remote technologies that have proven their worth and importance are practically not used in the modern penitentiary system, which is seen as a serious disadvantage and requires special attention. The main purpose of the study is to develop the possibilities and prospects for the implementation of the process of distance learning of convicts in Russia. Along with general scientific methods, the authors also used special legal methods (system-analytical, comparative legal, statistical) in the preparation of this article. Based on the conducted research, prospects have been identified that contribute to the successful introduction of distance learning technologies into the Russian penal system. The optimal way to solve the stated problems will be the legislative regulation of the possibility of obtaining education using distance learning technologies for all categories of convicts, as well as the development of effective programs and courses through which persons serving imprisonment could gain knowledge and master a particular profession.
Keywords:
serving a sentence, correctional institution, the penal enforcement system, educational programs, online resources, distance education, convicts, distance learning technologies, categories of convicts, digitalization
Kashirskiy D.Y., Baumtrog V.E., Tumanov D.M. - Observance of the rights of suspects and accused during transportation in the context of modernization of special vehicles
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pp. 9-16
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DOI: 10.7256/2454-0692.2022.1.37413
Abstract: Abstract: The subject of the study is the specifics of the transportation of suspects and accused in the Russian Federation. The object of the study is the conditions of detention and transportation of citizens in specialized cars. The authors consider in detail such aspects of the topic as the features presented in international practice and in our country to the requirements for these cars. Particular attention is paid to what complaints are sent by suspects and accused about the conditions of their detention, as well as at the time of movement in specialized vehicles. The paper presents the basic requirements for special vehicles designed to transport suspects and accused. Â The main conclusions of this study are the minimization of the violations indicated in the article, while improving Russian legislation, striving in this direction to the norms of international law. A special contribution of the authors of the research topic is a practical overview of the main violations of the rights of suspects or accused. The novelty of the research lies in the systematization of the basic requirements for detention in temporary detention facilities. This scientific work can be considered as a set of measures to improve the content of these persons. The main approaches in this work can be used for a set of measures to prevent such violations against the individual.
Keywords:
European Court of Justice, prototype car, violations in the content, complaints of the accused, violations during transportation, complaints of suspects, operational-service vehicle, accused of a crime, suspects in the crime, human rights
Savostin A.A. - Criminal law challenges in kidnapping combat
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pp. 9-11
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Abstract: the article contains a review of legal and structural issues in kidnapping counteraction. The author
observes that the combat with kidnapping has a complex and system character, which is why it requires
implementation of various branches of the law with the central place in this mechanism belonging to the regulations
of the Criminal Law.
Keywords:
kidnapping, false imprisonment or confinement without legal authority, crime against the liberty of the person and without their consent, crime growth, forms of organized crime.
Trunov I.L. - Legal issues in witness protection
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pp. 11-17
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Abstract: the article contains a review of legal and structural issues in witness protection in the Russian
criminal procedure, forms and methods of witness protection are disclosed, experience of foreign countries
in the sphere of witness protection is studied, and certain aspects of the latter can be successfully applied in
practice in the Russian Federation.
Keywords:
witness, protection, guard, truth, justice, procedure, victim, information, chasing, resettlement, fact, questioning.
Struganov S.M., Panov E.V., Katrina M.I., Gavrilov D.A. - Training of cadets, trainees and employees of the Department of Internal Affairs in the tactics of joint actions when working with offenders
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pp. 13-19
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DOI: 10.7256/2454-0692.2023.4.40705
EDN: XIGDLM
Abstract: In the article, the authors pays attention to issues related to the professional training of cadets, trainees, as well as employees undergoing initial training and retraining for joint actions when performing assigned operational and combat tasks. The legal and tactical aspects of the implementation of this training at the current stage of the development of the training program for internal affairs bodies in educational organizations of the Ministry of Internal Affairs of Russia are reflected. The approaches of scientific research conducted by some authors in this direction are considered and analyzed, as well as a number of recommendations for improving the system of teaching tactics of joint actions when working in units (groups) with offenders are presented. Summing up the general line under all of the above, it should be noted that such an aspect of training as working out joint actions by cadets and trainees when working with offenders is currently not implemented at the proper level within the framework of the general training program of the Department of Internal Affairs. In our opinion, it is necessary to integrate the positive experience of territorial divisions on the example of such events as simulators, often practiced in traffic police and PSP units, which consist in modeling the most popular situations of collision with offenders. In our opinion, the variability of approaches to teaching tactics of actions of cadets and trainees when working with offenders can be formed individually by each teacher, depending on the type and topic of the training session.
Keywords:
operational-search activities, special means, service and combat missions, martial arts fighting, personal safety, tactical special exercises, complex classes, mass riots, modeling, joint action tactics
DOI: 10.7256/2454-0692.2014.1.10778
Abstract:
Prudnikova I.V., Baranov M.S. - Ascertaining the signs of influence, exerted on a crime victim, and their role in protective measures choosing
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pp. 22-28
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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.
Keywords:
illegal hampering, party to the criminal process, victim behavior, personal security , human rights, victim's personality structure, personality study, victim, personal safety, security measures
Astishina, T.V. - Interrelation between the crimes against public morality and other types of crimes.
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pp. 22-29
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DOI: 10.7256/2454-0692.2014.1.63883
Abstract: The article concerns crimes against public morality (implication into prostitution, organization
of prostitution, production and turnover of objects with pornographic images). The author points
out organized character of these crimes and their close connection with the crimes against health
(purposeful causing of insignificant or medium-range harm to health, beating, torment, infection with
a venereal disease and HIV-infection), human trafficking for the purpose of sexual exploitation, kidnapping,
unlawful deprivation of freedom, drug crimes (implication into taking drugs and psychoactive
substances, organization or keeping narcotic dens), crimes against the administration procedure
(unlawful crossing of the state border of the Russian Federation, organization of illegal migration).
In the process of studies the author used general philosophical, theoretical, empiric methods (dialectics,
systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional
legal methods (formal logic), methods used in specific sociological studies (statistic, expert evaluation,
etc.). Currently the level of registered crimes in Russia is over 2 500 000 crimes. In spite of
relative lowering and stabilization of quantity characteristics of crime in the late years, the changes in
its quality characteristics cause serious concern: the criminal professionalism of organized criminal
groups and communities is growing, certain spheres of activity are under criminal control; the crime
and officials become closely connected, and there is more of lucrative motivation. In this situation,
attention is drawn to the growing number and amount of crimes regarding prostitution, production
and turnover of objects with pornographic images.
Keywords:
crime, fight, trade, human, crime, punishment, police, implication, slavery, prostitution.
Koynov M.Y. - On the Question of the Expediency of Creating a Unified Patrol Service of the Ministry of Internal Affairs of Russia
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pp. 28-42
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DOI: 10.7256/2454-0692.2023.1.38865
EDN: EQSAZP
Abstract: The article deals with the issues of improving the use of patrol squads of the combatant units of the Ministry of Internal Affairs of Russia and the Rosgvardiya serving to ensure law and order on the streets and other public places. The object of the study is the legal relations that develop in the field of organizing the protection of public order, in the process of implementing their functions by the subjects of law enforcement on the streets and other public places. The subject of the study is the organizational and legal norms of the use of combatant units of the Ministry of Internal Affairs of Russia in ensuring law and order on the streets and other public places. The purpose of the research is the question of the feasibility of creating a Unified patrol service of the Ministry of Internal Affairs of Russia, the conditions and reasons for the need to reform the management structure of patrol squads in modern conditions. In the course of the study, a causal relationship is established between the controls of mobile outfits, the legal foundations of patrol service, the tactical and technical side of ensuring patrol service. Organizational problems in the activities of combatant units carrying patrol service are highlighted and ways to solve them are proposed by creating a universal unit of the Unified Patrol Service of the Ministry of Internal Affairs of Russia. The main conclusions of this study are the provisions necessary for the formation of a new patrol service, consisting in the requirements for the main elements of patrol squad management, logistics, legal basis and competency recruitment.
Keywords:
The duty part of the police, Protection of public order, public place, law and order, Law enforcement agencies, Technical support for the police, police, Organization of police outfits, road patrol service, patrol service
Usanov D.O. - The role of police in the enforcement of rights and freedoms in modern foreign countries
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pp. 29-38
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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.
Keywords:
law enforcement agencies, democratic state, law on police, discretion, control over the police, police, human rights, civil society, terrorism, legal culture
Mangasarova L.A. - The Personality of an Employee-Patriot of the Internal Affairs Bodies and its Scientific and Pedagogical Interpretation
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pp. 31-40
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DOI: 10.7256/2454-0692.2022.6.39363
EDN: VVBRDT
Abstract: The article describes three stages of the research of the scientific and pedagogical essence of patriotism as an integrative quality of the personality of an employee of the internal affairs bodies: theoretical analysis of the works of domestic scientists; empirical research of the opinions of the focus group; system modeling of the purpose of patriotic education. The article presents the modeling of the purpose of patriotic education of an employee of the Department of Internal Affairs as a system that includes citizenship, professionalism, cultural, spiritual and socio-moral qualities. The analysis of the results of the study indicates the need for diagnosis and formation in the personal-developing professional environment of the inherent qualities of the personality of the police officer – patriot, characterizing the highest level of its development in the manifestation of active self-realization for the benefit of the Fatherland. The object of the study is the personality of an employee of the internal affairs bodies as a patriot. The purpose of the study: a comprehensive study and scientific and pedagogical interpretation of the personality of an employee
Keywords:
personal development environment, self-realization, self-determination, brainstorming, professionalism, morality, citizenship, patriotic education, patriot, personality
Osintseva L.M. - Problems of self-organization among students at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia
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pp. 62-70
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DOI: 10.7256/2454-0692.2022.6.38862
EDN: YFEQVR
Abstract: The object of the study is the self–organization of students at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia, and the subject is the conditions for its implementation. The relevance of this problem is indisputable, because self–organization is the management of a person's own activities, the organization of tasks and the distribution of all resources. A modern person does not just have to have a set of techniques from the field of "how to meet deadlines" or "how to hold a meeting correctly". This is a system for managing yourself and your activities. The students themselves admit that they spend a lot of time irrationally, since the reasons for the loss of time are the inability to plan their time, the inability to separate the main actions from the secondary ones. The novelty lies in comparing the results obtained with the previously known ones, which makes it possible to identify the problem and in the future choose a conceptual solution to it. Since the main goal of self–organization is to maximize your own capabilities, consciously manage the course of your life and successfully overcome any external circumstances. Thus, according to the results of our research, it was determined that first-year students at the Barnaul Law Institute of the Ministry of Internal Affairs of Russia are mostly unable to plan their time, or do not understand how to properly establish control over distractions during self-organization.
Keywords:
socialization, motivation, organization, activity, planning, time aspect, self-development, self-study, self-organization, educational process
Alontseva E.Y. - Interpreter's Participation in Criminal Proceedings (Historical and Comparative Legal Analysis of Domestic and Foreign Legislation)
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pp. 71-84
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DOI: 10.7256/2454-0692.2022.6.39134
EDN: UUGANW
Abstract: The article is devoted to certain issues of the participation of an interpreter in criminal proceedings. The object of the research is the social relations that arise in connection with the involvement of an interpreter to participate in criminal proceedings. The subject of this article is the provisions of the criminal procedure law related to the implementation of the principle of the language of criminal proceedings and regulating the participation of an interpreter in the criminal process, as well as scientifically based positions of scientists in this area, the problems of insufficient regulation of determining the legal status and participation of an interpreter, in a historical context, the history of the appearance of an interpreter in the criminal proceedings of Russia is studied, an analysis of changes that affect his competence is carried out, a comparative analysis of foreign legislation in criminal proceedings is also carried out (on the example of some foreign countries - Great Britain, France, Germany).The work uses general scientific and particular scientific methods, namely: system-structural, comparison, generalization, logical-legal analysis, historical. As a result of the study, the author substantiates the conclusion that in order to improve the legal regulation of the participation of an interpreter in the criminal process in Russia, some procedural issues of participation and the procedure for involving an interpreter in the criminal process, established in the study of foreign legislation, and comparison, should be taken into account when improving Russian legislation. In particular, when studying a candidate for translator by an investigator, it is proposed to take into account the translator's knowledge of legal terminology. Also, the need to involve two interpreters, in the event of a conflict of interests of the suspect, the accused, the appointment in court of a new interpreter who has not previously participated in pre-trial proceedings.
Keywords:
procedural order, translator status history, rights and obligations, accused, suspect, comparative analysis, interpreter, participants in criminal proceedings, principle of the language proceedings, criminal justice
DOI: 10.7256/2454-0692.2014.2.11607
Abstract:
Panshin, D.L. - Legal and organizational bases for the seizure of the vehicle and prohibition of its exploitation
by the Road Police Inspection.
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pp. 113-125
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DOI: 10.7256/2454-0692.2014.2.64203
Abstract: Seizure of the transportation vehicle and prohibition of its exploitations are the key
guarantees in the administrative offence cases, these measures are applied by the road police
officers in order to stop the offence. The definition of seizure of the transportation vehicle as
an exclusion of the transportation vehicle from the road traffic appeared in the Administrative
Offences Code of the Russian Federation rather recently. Accordingly, there is need to define
bases and causes for application of such measures, and the moment of termination of its legal
force. In the process of law-enforcement activities of the road police inspectors, they apply
prohibition of exploitation of the transportation vehicle by taking away license plates from the
car, thus, cancelling the access of a transportation vehicle to the road traffic in the territory of
the Russian Federation, as regulated by the Federal Law “On Road Traffic Security”. What are
the problems of law-enforcement practice and their possible solutions? The article contains
analysis and comparison of the administrative legislation and the procedure for the seizure
of the transportation vehicle and prohibition of its exploitation according to the Order of the
Ministry of Internal Affairs of the Russian Federation of March 2, 2009 N. 185. The author
evaluates the causes for seizure and prohibition of exploitation of a transportation vehicle and
the problems in the law-enforcement practice. The author studies the issue of the violation of
rules for driving and exploitation of a transportation vehicle as a cause of seizure of a vehicle.
Accordingly termination of causes ends the effect of seizure. Also, the author studies the
problems concerning the fact that deprivation from driving a transportation vehicle is a condition
on which seizure of transportation vehicle is not possible. The author provides a definition
of prohibition of exploitation of a transportation vehicle, since it is not legislatively provided,
also referring to the causes for prohibition of exploitation of a vehicle and taking away of the
license plates. License plates are given when the vehicle is registered and provided access to
road traffic. Thus, prohibition of exploitation of a vehicle should concern registration activities.
Keywords:
prohibition of exploitation, use, cause, seizure of a transportation vehicle, transportation vehicle, driving, rules, grounds, license plate, use.
DOI: 10.7256/2454-0692.2014.2.11717
Abstract:
Astishina, T.V. - Key determining factors for the crimes against public morality.
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pp. 126-133
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DOI: 10.7256/2454-0692.2014.2.64204
Abstract: The article concerns the key determining factors for the crimes against the public
morality (involvement of a person into prostitution, organization of prostitution activities). The
author analyzes social, economic, legal, moral and spiritual determining factors for the crimes
against public morality, as well as negative consequences of migration, defects in the family
sphere, activities of criminal groups, defects in the work of internal affairs bodies fighting this
category of crime. It is noted in the article that among the social and economic determining
factors for the crimes against public morality one should point out the unsatisfactory economic situation in some social groups (poor financial situation in some social groups, unemployment,
especially among the women, etc.). The methodological basis for the scientific article was
formed by the current achievements of the theory of cognition. 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.). In most cases it is impossible to clearly distinguish between the initiating and
facilitating factors for the criminal acts. The author agrees with the opinion that evaluation of
some matters as causes and other matters as conditions is rather relative. A specific matter
may be a cause in one situation, and a condition in another. That is why it is reasonable to use
the term “criminogenic factor”, which may include both events causing crimes against public
morality and the matters facilitating their spread or growth of their public danger. In spite of a
large amount of scientifically founded classifications of factors in crime and its types, the modern
research practice clearly provides support for bringing together the groups of causes and
conditions of crime, which are similar by their nature, into the factor (causal) complexes based
upon the criterion of a separate sphere of social life, which may mostly include the following
factors: economic, legal, spiritual and moral, social and psychological, organizational, etc.
Keywords:
prostitution, violence, children, fight, counteraction, determinant, police, officer, exploitation, slavery.
Patrikeev P.A., Ostroushko A.V. - On the necessity of international restriction of confidential information collection by special services
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DOI: 10.7256/2454-0692.2015.4.16213
Abstract: The problem of personal data protection has become particularly urgent in the light of the recent disclosure of facts of mass spying on the Internet users by special services. The authors of the article study the work of the NSA with confidential information of the Americans and the citizens of other countries in order to reveal personal information security threats, the main problems of the right to privacy observance in the activities of government services and the ways to solve them. The authors apply the set of general scientific and special methods of socio-legal reality cognition. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. The comparative-legal approach is used as a special scientific method. The purpose of personal information security improvement requires a range of measures aimed at the effective protection of personal data and metadata. The authors conclude that the peculiarities of the modern transboundary data transmission and telecommunication networks organization reduce the efficiency of national legislation in the sphere of citizens’ personal data protection. In this situation these issues should be urgently regulated by the international law.
Keywords:
international law, restrictions, collection of information, metadata, special services, Internet, confidential information, privacy, national security, Edward Snowden
Patrikeev P.A., Ostroushko A.V. - On the necessity of international restriction of confidential information collection by special services
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pp. 189-197
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DOI: 10.7256/2454-0692.2015.4.66862
Abstract: The problem of personal data protection has become particularly urgent in the light of the recent disclosure of facts of mass spying on the Internet users by special services. The authors of the article study the work of the NSA with confidential information of the Americans and the citizens of other countries in order to reveal personal information security threats, the main problems of the right to privacy observance in the activities of government services and the ways to solve them. The authors apply the set of general scientific and special methods of socio-legal reality cognition. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. The comparative-legal approach is used as a special scientific method. The purpose of personal information security improvement requires a range of measures aimed at the effective protection of personal data and metadata. The authors conclude that the peculiarities of the modern transboundary data transmission and telecommunication networks organization reduce the efficiency of national legislation in the sphere of citizens’ personal data protection. In this situation these issues should be urgently regulated by the international law.
Keywords:
international law, restrictions, collection of information, metadata, special services, Internet, confidential information, privacy, national security, Edward Snowden
DOI: 10.7256/2454-0692.2014.3.12006
Abstract:
Chvyakin, V.A. - Sociological studies of adaptivity and moral normativity of behavior of deviant juveniles.
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pp. 239-250
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DOI: 10.7256/2454-0692.2014.3.65051
Abstract: The article contains results of the studies of the phenomenon of social aggression in juvenile
age. Special role within this phenomenon belongs to the infl uence of various signifi cant (so-called personality-
forming factors. That is why omissions in developing psychological and pedagogical work with
children inevitably determine manifestation of personal aggression. The social genesis of personality
of a juvenile person involves specifi c values of the forms of social, biological and individual-personal
behavior determinants. The psychological characteristics of a personality and its statuses in the process
of social genesis are fl exible and inconstant. That is why there may be disruptions in the process
of formation of aggressive behavior patterns. There are initial characteristics in this process, and they
may be called “pre-deviant”. The relevant personal qualities are social matters, personal qualities or
social situations, which detonate the normal process of personal develop and threaten its harmonic
maturing. It should be taken into account that the processes of social genesis and socialization are
methodologically related, since they are simultaneously directed at the formation of personal individuality.
The methodological basis for the scientifi c article was formed by the current achievements of the
theory of cognition. 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.). The need to study forensic aspects of juvenile crime is
due to many social causes. Firstly, there is importance and large scale of protection of live and health
of growing generation and the formation of the state policy on protection of rights and lawful interests of
children and juveniles, forming and independent direction of the activities of the state bodies and society
in general. Secondly, there are specifi c features in genesis and motivation of the crimes committed
by juveniles, which are due to the specifi c features of their living and education (relatively limited period
of personality formation, changeability of social positions, range and contents of social functions,
limited legal capacity, etc.), specifi c features of personal, social-group related, psychological and other
characteristics. Thirdly, the specifi c features of level and structure of crime, its causes and dynamics,
high criminal activity of juveniles are due to the above.
Keywords:
offence, police, delict, genesis, teenager, juvenile, warning, legal order, control, offi cer.
DOI: 10.7256/2454-0692.2013.4.9582
Abstract:
DOI: 10.7256/2454-0692.2014.3.12362
Abstract:
Admiralova, I.A. - Public order and human rights.
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pp. 251-257
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DOI: 10.7256/2454-0692.2014.3.65052
Abstract: The problem of guarantees of human rights and basis freedoms of individuals in the sphere
of police activity is very topical today due to a umber of circumstances. Firstly, guarantees of basic
rights and freedoms form the meaning and contents of activities of the government and administration
bodies. Secondly, without compliance with the human rights the activities of state government
and administration bodies in general and police in particular lose their practical and humane meaning.
Police is at the frontline of fi ghting rime and administrative offences, more than any other government
and administration body. The methodological basis for the scientifi c article was formed by the current achievements of the theory of cognition. 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.).
Keywords:
order, legal order, protection, preservation, means, person, citizen, guarantee, place, general public.
DOI: 10.7256/2454-0692.2013.4.9440
Abstract:
DOI: 10.7256/2454-0692.2013.4.9499
Abstract:
DOI: 10.7256/2454-0692.2013.4.9475
Abstract:
DOI: 10.7256/2454-0692.2013.4.9452
Abstract:
DOI: 10.7256/2454-0692.2013.5.10220
Abstract:
Serov, A.S. - Administrative legal position of an advocate in the proceeding in administrative offence cases.
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pp. 307-311
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DOI: 10.7256/2454-0692.2013.5.63482
Abstract: The studies of administrative legal statuses of the participants in the proceedings on the administrative
offence cases remain quite topical. It is due to a number of factors, among which one may refer
to the fact that legal position of the legal subject is a key category for the basic legal institutions in various
legal disciplines. Additionally, development of the administrative offence legislation of Russia is not without
some diffi culties and contradictions. Due to the above-mentioned factors the study of administrative
procedural position of participants in the administrative offence cases may allow to uncover a number of
contradictions in the Administrative Offences Code of the Russia Federation, which form obstacles for the
achievement of goals of the proceedings on administrative offence cases. All of the above and a number
of other circumstances presuppose the need for the improvement of the administrative legal provisions
on the legal status of participants of proceedings in administrative offences cases.
Keywords:
advocate, defender, defense, status, position, guarantee, guarantees, law, obligation, liability.
Bukalerova L.A., Dolzhikova A.V. - Law enforcement and organizational problems of complex examination of foreign citizens
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DOI: 10.7256/2454-0692.2015.6.17188
Abstract: The article contains the analysis of realization of the national migration policy of the Russian Federation. In modern circumstances, migration of highly skilled workers is an important source of human capital, ensuring economic growth and well-being of the recipient countries. In is no coincidence that the competition for such employees has an international scale; one of the strategic tasks is the creation of conditions and mechanisms for the attraction of the demanded highly skilled and qualified specialists, entrepreneurs and investors on a long-term basis. Therefore, it is important to develop the legal and organizational grounds of the complex examination of knowledge of Russian legislation of the foreign citizens, applying for temporary a residence permit, a residence permit, a work permit or a patent. The methodological basis of the study comprises the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods, the authors use the methods of analysis, synthesis, comparison and measurement. The authors conclude that the migration legislation realization in the Russian Federation doesn’t completely correspond with the current and the future demands of economic, social and demographic development, the interests of employers and the Russian society in general. Thus, the authors suggest strengthening the government control over law enforcement and organizational grounds of the complex examination of knowledge of the Russian legislation of foreign citizens which will enhance migration processes and promote economic development and well-being of the Russian population.
Bukalerova L.A., Dolzhikova A.V. - Law enforcement and organizational problems of complex examination of foreign citizens
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pp. 355-363
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DOI: 10.7256/2454-0692.2015.6.67195
Abstract: The article contains the analysis of realization of the national migration policy of the Russian Federation. In modern circumstances, migration of highly skilled workers is an important source of human capital, ensuring economic growth and well-being of the recipient countries. In is no coincidence that the competition for such employees has an international scale; one of the strategic tasks is the creation of conditions and mechanisms for the attraction of the demanded highly skilled and qualified specialists, entrepreneurs and investors on a long-term basis. Therefore, it is important to develop the legal and organizational grounds of the complex examination of knowledge of Russian legislation of the foreign citizens, applying for temporary a residence permit, a residence permit, a work permit or a patent. The methodological basis of the study comprises the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods, the authors use the methods of analysis, synthesis, comparison and measurement. The authors conclude that the migration legislation realization in the Russian Federation doesn’t completely correspond with the current and the future demands of economic, social and demographic development, the interests of employers and the Russian society in general. Thus, the authors suggest strengthening the government control over law enforcement and organizational grounds of the complex examination of knowledge of the Russian legislation of foreign citizens which will enhance migration processes and promote economic development and well-being of the Russian population.
Keywords:
adaptation of migrants, Russian language, examination for foreigners, illegal migration, immigration legislation, offences, migration policy, migration, educational organizations
Kirichek E.V. - The methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia: theoretical, methodological and practical aspects
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DOI: 10.7256/2454-0692.2016.4.19348
Abstract: The author studies the peculiarities of application of the methods of police activities in modern Russia and the present condition and development dynamics of legal regulation and scientific developments in this sphere. The author considers the issues of methods classifying and defines their content. The paper substantiates the role and importance of general and specific methods and reveals their content. The author formulates the measures of mistakes avoidance and the conclusions about a further progressive improvement of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia. The research methodology includes general and special scientific methods: dialectical, historical, comparative-legal, sociological, statistical, logical and system-structural analysis. The study is based on generalization and system analysis of scientific works and legal framework. Despite the existence of a large number of works, devoted to these issues, however, the problem hasn’t been studied sufficiently enough. It can be explained by the continuing reforms in general and in the police sphere in particular and by the instability of the current legislation regulating the mentioned spheres. These and other reasons condition the topicality and practical importance of the study and the necessity to study the peculiarities of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia in order to improve its effectiveness, and explain the need for scientific and practical recommendations.
Keywords:
citizen, person, freedoms, rights, methods, activity, prospects, problems, organization, police
Kirichek E.V. - The methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia: theoretical, methodological and practical aspects
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pp. 371-379
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DOI: 10.7256/2454-0692.2016.4.67965
Abstract: The author studies the peculiarities of application of the methods of police activities in modern Russia and the present condition and development dynamics of legal regulation and scientific developments in this sphere. The author considers the issues of methods classifying and defines their content. The paper substantiates the role and importance of general and specific methods and reveals their content. The author formulates the measures of mistakes avoidance and the conclusions about a further progressive improvement of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia. The research methodology includes general and special scientific methods: dialectical, historical, comparative-legal, sociological, statistical, logical and system-structural analysis. The study is based on generalization and system analysis of scientific works and legal framework. Despite the existence of a large number of works, devoted to these issues, however, the problem hasn’t been studied sufficiently enough. It can be explained by the continuing reforms in general and in the police sphere in particular and by the instability of the current legislation regulating the mentioned spheres. These and other reasons condition the topicality and practical importance of the study and the necessity to study the peculiarities of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia in order to improve its effectiveness, and explain the need for scientific and practical recommendations.
Keywords:
citizen, person, freedoms, rights, methods, activity, prospects, problems, organization, police
Kashkina E.V., Khandogina A.V. -
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DOI: 10.7256/2454-0692.2013.6.10133
Abstract:
Kashkina, E.V., Handogina, A.V. - Administrative supervision over persons who
were released after serving a term in prison:
problems of legal practice
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pp. 375-379
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DOI: 10.7256/2454-0692.2013.6.63559
Abstract: The article concerns topical issues of application of the legislation of the Russian
Federation concerning use of administrative supervision over the persons released after
serving a term in prison by the internal affairs officers. Based upon the historical experience
of Russia and foreign states the authors offer possible amendments for the legislation
of the Russian Federation in this sphere. In particular, they offer to shorten the period
for the procedure on administrative supervision cases; to provide the possibility to handle
the case in absentia of a person to whom such administrative supervision is assigned; to
widen the range of persons for whom preliminary termination of administrative supervision
is prohibited; and to redistribute the competences in the sphere of administrative supervision
among the law-enforcement (state) bodies, including obligations to control the persons
to whom administrative supervision is assigned; to include formation of the probation
service into the competence of the criminal penal inspections.
Keywords:
administrative supervision, person being supervised, complaint, criminal responsibility, establishing administrative supervision, preliminary termination of supervision, internal affairs bodies, criminal penal inspections, repeated relapse into crime; probation service.
Admiralova I.A. - On the issue of administrative activity of the police and the protection of civil rights and liberties
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DOI: 10.7256/2454-0692.2016.5.17430
Abstract: The research subject is the means of protection of civil rights and liberties in the Russian Federation. The author considers different levels of legal consolidation of the protection of civil rights and liberties and the reasons for their application, choosing the appropriate means of protection and the observance of the procedure of their implementation. The article discusses the idea that in its administrative activity, focused on the protection of civil rights and liberties, the police uses various approaches, thus applying a wide range of legal means designed for various situations. The research methodology is based on the dialectical method of cognition. The author applies the system and the activity approach and studies the protection of civil rights and liberties by the police from the position of the search for the patterns and interconnections, typical for their components. The author detects the basic principles of administrative activity of the police and solves the problems of their realization in the sphere of the protection of civil rights and liberties. The study reveals certain elements of administrative mechanism of the protection of civil rights and liberties in the police activities. The author defines the effectiveness criteria of administrative activities of the police, aimed at the protection of civil rights and liberties.
Keywords:
permissive measures, offence, administrative protective measures, observance of lawfulness, legal regulation, administrative activity effectiveness, means of protection, civil rights, protection, administrative activity of the police
Admiralova I.A. - On the issue of administrative activity of the police and the protection of civil rights and liberties
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pp. 449-455
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DOI: 10.7256/2454-0692.2016.5.68177
Abstract: The research subject is the means of protection of civil rights and liberties in the Russian Federation. The author considers different levels of legal consolidation of the protection of civil rights and liberties and the reasons for their application, choosing the appropriate means of protection and the observance of the procedure of their implementation. The article discusses the idea that in its administrative activity, focused on the protection of civil rights and liberties, the police uses various approaches, thus applying a wide range of legal means designed for various situations. The research methodology is based on the dialectical method of cognition. The author applies the system and the activity approach and studies the protection of civil rights and liberties by the police from the position of the search for the patterns and interconnections, typical for their components. The author detects the basic principles of administrative activity of the police and solves the problems of their realization in the sphere of the protection of civil rights and liberties. The study reveals certain elements of administrative mechanism of the protection of civil rights and liberties in the police activities. The author defines the effectiveness criteria of administrative activities of the police, aimed at the protection of civil rights and liberties.
Keywords:
permissive measures, offence, administrative protective measures, observance of lawfulness, legal regulation, administrative activity effectiveness, means of protection, civil rights, protection, administrative activity of the police
Mar'ya G.V., Kursaev A.V. - The exercise of the right to weapons collecting by citizens
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DOI: 10.7256/2454-0692.2016.6.21471
Abstract: The study considers administrative and legal procedures of the exercise of the right to purchase weapons for collecting by the citizens of the Russian Federation. The authors pay special attention to the allocation of functions between the Ministry of Internal Affairs and the Federal National Guard Troops Service of the Russian Federation in weapons control. The authors analyze the provisions of the Russian legislation about the types of weapons which can be collected. Special attention is given to the licensing in weapons turnover. The authors substantiate the necessity to increase the quality of legal regulation of relations in the sphere of weapons collecting. The authors suggest improving the weapons turnover mechanism in general. The research methodology is based on the recent achievements in epistemology. The authors apply 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 specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at the present time, the rules of weapons collecting are governed by the Federal Law “On weapons”; this law establishes administrative regime of weapons turnover. In addition, the legislator establishes only the peculiarities of this legal regime, conditioned by the purposes of collecting. At the same time, ancient weapons collecting if prohibited in some countries.
Keywords:
gun, responsibility, citizen, rule, law, regime, turnover, collection, weapons, control
Mar'yan G.V., Kursaev A.V. - The exercise of the right to weapons collecting by citizens
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pp. 543-550
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DOI: 10.7256/2454-0692.2016.6.68430
Abstract: The study considers administrative and legal procedures of the exercise of the right to purchase weapons for collecting by the citizens of the Russian Federation. The authors pay special attention to the allocation of functions between the Ministry of Internal Affairs and the Federal National Guard Troops Service of the Russian Federation in weapons control. The authors analyze the provisions of the Russian legislation about the types of weapons which can be collected. Special attention is given to the licensing in weapons turnover. The authors substantiate the necessity to increase the quality of legal regulation of relations in the sphere of weapons collecting. The authors suggest improving the weapons turnover mechanism in general. The research methodology is based on the recent achievements in epistemology. The authors apply 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 specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at the present time, the rules of weapons collecting are governed by the Federal Law “On weapons”; this law establishes administrative regime of weapons turnover. In addition, the legislator establishes only the peculiarities of this legal regime, conditioned by the purposes of collecting. At the same time, ancient weapons collecting if prohibited in some countries.
Keywords:
gun, responsibility, citizen, rule, law, regime, turnover, collection, weapons, control
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