Abstract:

DOI: 10.7256/2454-0692.2021.2.34605

Abstract: The article considers the problem of the police involvement in an armed conflict with non-typical combat tasks. In the case of war, police officers can act for one of the operating forces. A party to a conflict, which uses police among its forces, must inform the opponent about it. During a military conflict, police personnel becomes a legal military target, therefore the actions, aimed at damaging the life and health of a police officer, are no longer considered as a crime. The author arrives at the conclusion that the activities of the police during an armed conflict are not only characterized by the contradiction between the international and Russian legislation, in which, correspondingly, police can’t be a party to a conflict, and the Ministry of Internal Affairs is among the structures used for the national defence during an armed conflict with external and internal enemies. A police officer, participating in an armed conflict on the territory of the Russian Federation, is a legal combatant; in case he is taken by the adversary, he is considered as a prisoner and not as a hostage. According to the international law, police can’t be a belligerent party, therefore weapon employment by a police officer can cause legal consequences, unless it comes within the provisions of article 23 chapter 5 of the Law on Police. In the context of the problem, the question about legislative initiative for treating police officers as members of armed forces becomes vexed, in terms of recognition of police officers as legal combatants during their participation in an armed conflict, with the corresponding guarantees and compensation for imprisoned police officers and their family members.   

Keywords: combatants, polis oficer, the right to the prisoner, army, militari conflict, Geneva Convention, The police, international law, war, the defense of the state

DOI: 10.7256/2454-0692.2023.3.40607

EDN: RPHJPQ

Abstract: The article deals with the legal issues of improving the activities of patrol and post police units in terms of the use of improvised means and means that are not in service when solving operational and service tasks. The purpose of the study: the formation of theoretical knowledge on the legal basis and procedure for the use of improvised means and means that are not in service with the police during carrying out patrol duty. The purpose of the study is to conduct a comprehensive analysis of the regulatory framework governing the use of improvised means and means that are not in service in the activities of police patrol and patrol service officers when solving operational and service tasks. To study the practice of using improvised means and means that are not in service in the activities of police patrol officers when solving operational and service tasks. The main conclusions of the conducted research are the need for additional legal regulation of the use of improvised means not only in place of special ones, but along with them other means to ensure the fulfillment of the tasks assigned to the patrol and post service of the police. Determination of the grounds, conditions, limits and tactical features of the use of improvised means by police officers. And also, the need to correlate the used improvised objects with a similar special tool, which is in service with the police. The problematic points in the topic under study and ways to eliminate such problems are identified, the need for further research in the affected topic is justified.

Keywords: attack on the police, an extreme necessity, necessary defense, use of force, improvised means, arming the police, special means of the police, patrol service police, police, active protection

DOI: 10.7256/2454-0692.2016.1.16757

Abstract: The research subject is administrative-legal status of a pretrial detention facility of the Federal Penitentiary Service of Russia in implementing law-enforcement functions within penitentiary system of Russia, and systematization of administrative-legal status of a pretrial detention facility. The authors are the first to study this issue due to the fact that the profile of a pretrial detention facility is not quite clear. The research methodology comprises the general scientific dialectical method. The authors also apply the method of historical analysis of administrative status of a pretrial detention facility, and the deductive method, to define the place of a pretrial detention facility in the public administration system. The authors use the methods of induction, analysis and synthesis, which help achieve most of the results and develop the concepts of the study. The authors conclude that it is necessary to improve the elements and components of administrative-legal status of a pretrial detention facility in law-enforcement activities. The authors define the basis of administrative-legal status of a pretrial detention facility and establish its profile. The authors outline the peculiarities of administrative-legal status of a pretrial detention facility; offer the definition of this category. The authors substantiate the composition of this status in the law-enforcement sphere (tasks, functions, rights, duties, responsibility, legal guarantees of a pretrial detention facility as a legal entity), and confirm the concepts of administrative legal competence and capacity of a pretrial detention facility.

DOI: 10.7256/2454-0692.2016.1.67393

Abstract: The research subject is administrative-legal status of a pretrial detention facility of the Federal Penitentiary Service of Russia in implementing law-enforcement functions within penitentiary system of Russia, and systematization of administrative-legal status of a pretrial detention facility. The authors are the first to study this issue due to the fact that the profile of a pretrial detention facility is not quite clear. The research methodology comprises the general scientific dialectical method. The authors also apply the method of historical analysis of administrative status of a pretrial detention facility, and the deductive method, to define the place of a pretrial detention facility in the public administration system. The authors use the methods of induction, analysis and synthesis, which help achieve most of the results and develop the concepts of the study. The authors conclude that it is necessary to improve the elements and components of administrative-legal status of a pretrial detention facility in law-enforcement activities. The authors define the basis of administrative-legal status of a pretrial detention facility and establish its profile. The authors outline the peculiarities of administrative-legal status of a pretrial detention facility; offer the definition of this category. The authors substantiate the composition of this status in the law-enforcement sphere (tasks, functions, rights, duties, responsibility, legal guarantees of a pretrial detention facility as a legal entity), and confirm the concepts of administrative legal competence and capacity of a pretrial detention facility.

Keywords: elements, activities, pretrial detention facility, status, administrative, essence, legal competence, legal capacity, Federal Penitentiary System, law enforcement

DOI: 10.7256/2454-0692.2020.1.32320

Abstract: The research subject is the system of social and legal relations emerging in the process of implementation of an administrative legal status of a traffic police officer in modern conditions (Oryol region case study). The research object is social relations emerging in the process of implementation of an administrative legal status by a traffic police officer.  The author studies the semantic elements of administrative legal status of a traffic police officer and the specificity of their implementation in Oryol region focusing on the problem aspects of legal and organizational nature, for the purpose of the development of proposals about its improvement. To achieve the goal, the author uses general scientific methods: dialectical method of cognition, systems analysis, comparison and analogy, as well as the formal logical method, generalization of practical experience and other methods.  The specificity of studying the legal status of a traffic police officer is quite important due to the fact that it was changed during the latest departmental transformations.  The scientific novelty of the study consists in the fact that the author, based on the analysis of the current legal regulations formalizing the contents of particular elements of administrative and legal status of a traffic police officer in Oryol region, analyzes the typical difficulties and problem areas of their implementation and formulates the variants of their optimal solving.  

Keywords: corruption manifestations, money allowance, social security, implementation mechanism, legal regulation, traffic police officer, administrative and legal status, housing, social protection, road safety

DOI: 10.7256/2454-0692.2018.3.27256

Abstract: The authors of the article discuss the legal regulation of pension provision of individuals who served at state agencies and now perform law-enforcement functions as well as their family members. The authors analyzed the basis for differentiating legal regulation of social protection of public servants. The problems of establishing and calculating pensions for years of service, disability and loss of the breadwinner are highlighted. The main legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the issues of pensions for persons serving at law-enforcement bodies and their family members are outlined. The methodological basis of the work consists of general scientific methods of systems analysis and synthesis of regulatory, scientific and practical materials and special research methods such as comparative law method, technical and legal analysis, etc. The novelty of the research is determined by the fact that it is a comprehensive study of the legal issues of pensions for persons serving at law-enforcement agencies and their family members. The most significant results of the research are the formulated proposals for improving the current legislation of pensions as well as current law-enforcement practice.

Keywords: breadwinner, disability pension, length of service, civil servant, law enforcement, public service, social security, pension provision, family member, money allowance

DOI: 10.7256/2454-0692.2014.2.10779

Abstract:

DOI: 10.7256/2454-0692.2014.2.64205

Abstract: The role of legal divisions is significant for achieving the goals of the MIA of Russia on guaranteeing lawfulness in the activities of the internal affairs bodies and internal armed forces, considering their significant role in the improvement of the Russian legislation on the activities of the MIA. The article concerns the legal service in the MIA and its structure, contract department of the MIA, its main functions and goals, legal divisions in the departments and regional divisions of the MIA. The legal work in the territorial bodies of the MIA of Russia at the regional level is done by the senior legal consultants (legal consultants). The article discusses rights and obligations of a legal consultant, his interactions with other services in the MIA. The article involves dialectic method, systemic approach towards the object of studies, comparative analysis, synthesis, generalization, content-analysis of normative legal acts. The Contract Law Departments of the MIA and legal divisions in the Departments and Offices of the MIA of Russia at the regional level – the legal groups or legal branches, consisting of legal consultants. This selective approach allows to discuss the competence of the chief division of the MIA of Russia in the sphere of legal work and competence of a legal consultant as the key officer of the legal service. The competence of the legal consultant of the territorial body of the MIA of Russia at the regional level are various. Considering the amount of annual publications of new normative legal acts of the MIA of Russia and the large-scale amendments into the current legal acts, the role of legal consultant and the amount of their work shall be growing, while the status (general, special, individual) shall be supported. The combined data on the staff quantity of the legal divisions within the MIA system in 2007 – first half of the 2013 at the district level (up to July 1, 2013) is provided, as well as information on the claims for the compensation of moral damage brought against the bodies and divisions of the MIA of Russia in the period from 2007 to the first half of the 2013.

Keywords: legal service, legal consultant, contractual legal department, the MIA of Russia, the legal divisions, goals, functions, competence, legal position, claim, staff quantity, legal work.

DOI: 10.7256/2454-0692.2013.4.9437

Abstract: