Police activity - rubric Police enforcement
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Police activity
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Police enforcement
Kareeva-Popelkovskaya K.A. -
Abstract:
Ovchinnikov N.A. -
Abstract:
Lobanov S.A. -
Abstract:
Kupreev S.S. -
Abstract:
Nesmelov P.V. -

DOI:
10.7256/2454-0692.2013.2.7467

Abstract:
Astishina T.V. -

DOI:
10.7256/2454-0692.2013.2.8654

Abstract:
Sizov I., Vasilenko G.N. - On the specificity of prevention of administrative offences during large-scale football competitions pp. 1-7

DOI:
10.7256/2454-0692.2017.4.22298

Abstract: The article considers the preventive work of internal affairs bodies with football hooligans for the purpose of prevention of civil disorders. Prevention of offences is the system of measures of public authorities and their representatives, social organizations and other interested individuals, aimed at preventing processes, which foster delictness. Such measures oppose the image of potential offenders to the society and prevent new offences. In the nearest time, public order and security provision during the 2018 World Cup and will become the priority for many law enforcement agencies. The authors use various empirical and theoretical methods of scientific cognition, such as description, observation, measurement and comparison. The authors conclude that despite a large number of tasks facing the police, the main attention should be given to prevention of wrongful acts. In this context, with regard to the 2018 World Cup, Russian police should focus on public and secret field work with football hooligans to prevent civil disorders with their participation. 
Keywords: sporting events, law enforcement, interaction, print press, police, hooligan, specificity, prevention, combating, fan
Lapina M.A., Karpukhin D.V. - Administrative suspension of activity as a form of administrative punishment: the scientific-methodological and Legal approaches

DOI:
10.7256/2454-0692.2016.1.16613

Abstract: The article focuses on the current norms of the Code of Administrative Offences of the Russian Federation, regulating the notion of administrative suspension of activity as a form of administrative punishment, as well as the materials of judicial practice of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, containing the normative interpretations of this form of administrative liability. This form of punishment is inflicted only in a judicial proceeding for up to 90 days. Imposition of this sanction is determined by emergencies, threatening life and health of people, epidemic, epizootic, etc. However, the analysis of legal requirements of the Code of Administrative Offences of the Russian Federation indicates that this form of administrative punishment is often used as an alternative to other forms of administrative punishment – administrative fines and confiscation. The authors study the legal nature of this sanction, the real purpose of which is an immediate cessation of illegal actions on the part of the subject, infringing legal regulations.The methodological basis for the article contains the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to exclude this form of administrative punishment from the sanctions of Chapter 14 of the Code of Administrative Offences, since the application of this punishment contradicts its administrative and preclusive legal nature and stimulates corruptogenic risks. The main contribution of the authors is a comprehensive study of scientific and methodological approaches and materials of judicial practice, revealing the pronounced administrative-preclusive nature of this measure of administrative coercion. The novelty of the article lies in the proposals on optimization of administrative sanctions provided in Chapter 14 of the Code of Administrative Offences of the Russian Federation.
Keywords: legal sanction, administrative punishment, state coercion, the administrative coercive measure, preventive measures, preclusive measures, punishing measures, administrative suspension of activity, temporary prohibition of activity, administrative penalty
Lapina M.A., Karpukhin D.V. - Administrative suspension of activity as a form of administrative punishment: the scientific-methodological and Legal approaches pp. 11-25

DOI:
10.7256/2454-0692.2016.1.67394

Abstract: The article focuses on the current norms of the Code of Administrative Offences of the Russian Federation, regulating the notion of administrative suspension of activity as a form of administrative punishment, as well as the materials of judicial practice of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, containing the normative interpretations of this form of administrative liability. This form of punishment is inflicted only in a judicial proceeding for up to 90 days. Imposition of this sanction is determined by emergencies, threatening life and health of people, epidemic, epizootic, etc. However, the analysis of legal requirements of the Code of Administrative Offences of the Russian Federation indicates that this form of administrative punishment is often used as an alternative to other forms of administrative punishment – administrative fines and confiscation. The authors study the legal nature of this sanction, the real purpose of which is an immediate cessation of illegal actions on the part of the subject, infringing legal regulations.The methodological basis for the article contains the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to exclude this form of administrative punishment from the sanctions of Chapter 14 of the Code of Administrative Offences, since the application of this punishment contradicts its administrative and preclusive legal nature and stimulates corruptogenic risks. The main contribution of the authors is a comprehensive study of scientific and methodological approaches and materials of judicial practice, revealing the pronounced administrative-preclusive nature of this measure of administrative coercion. The novelty of the article lies in the proposals on optimization of administrative sanctions provided in Chapter 14 of the Code of Administrative Offences of the Russian Federation.
Keywords: administrative suspension of activity, measures of punishment, preclusive measures, preventive measures, administrative coercive measure, state coercion, administrative punishment, legal sanction, temporary prohibition of activity, administrative penalty
Kupreev S. S. - Forced labor as a means of punishment pp. 21-25

DOI:
10.7256/2454-0692.2013.1.62061

Abstract: the article describes a new type of administrative punishment — forced labor. Being included into legislation this type of punishment drew a wide public response. The author analyses legitimacy of forced labor and whether this means of punishment is in compliance with the Constitution of the Russian Federation and international legal documents. A significant positive meaning of this type of punishment as a preventative means of infringement of the law is specified.
Keywords: forced, labor, administrative, punishment, infringement of the law, court, decree, code, constitution.
Zheltobryukh A.V., Vinokurov V.N. - Provision of personal safety of police officers performing pat-down search
pp. 25-35

DOI:
10.7256/2454-0692.2019.2.29801

Abstract: The article considers the problem of pat-down search as a part of police officers service and gives special attention to the provision of their personal safety. The authors compare pat-down procedures according to the legislation of the Russian Federation and present the results in a comparison chart. The authors draw attention of the police officers to strict observance of the Russian legislation in the field of constitutional rights of Russian citizens during pat-down search. The authors analyze legislative acts regulating the activities of police officers and compares them with the practice of the Internal Affairs Bodies. Based on the research, the authors suggest reconsidering and amending the current legislation in order to ensure appropriate performance of their duties by the police officers, and provide personal and public safety. The authors suggest amending the article 27.7 of the Administrative Offences Code of the Russian Federation.  
Keywords: Respect for constitutional rights, body search, inspection, personal inspection, external inspection, security provision, public order protection, police officer, legal norm, inspection activities
Tserunyan V.A. - Prevention of criminal activities of migrants in Russia

DOI:
10.7256/2454-0692.2016.1.17846

Abstract: The article focuses on legal and organizational problems of crime prevention in the sphere of migration. The author carries out theoretic and legal analysis of the concepts of legal regulation of crime prevention in the sphere of migration from the position of penal regulation. The paper presents the author’s positions on the migration policy. The main attention is paid to the development of methods and methodology of legal regulation of crime prevention in the sphere of migration. The author analyzes the concepts of development of law and migration processes in the modern conditions. The research methodology contains the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of migration, it is necessary to improve forms and methods of legal regulation of criminal activities of migrants. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of migration and provision of legality in this sphere. 
Tserunyan V.A. - Prevention of criminal activities of migrants in Russia pp. 26-32

DOI:
10.7256/2454-0692.2016.1.67395

Abstract: The article focuses on legal and organizational problems of crime prevention in the sphere of migration. The author carries out theoretic and legal analysis of the concepts of legal regulation of crime prevention in the sphere of migration from the position of penal regulation. The paper presents the author’s positions on the migration policy. The main attention is paid to the development of methods and methodology of legal regulation of crime prevention in the sphere of migration. The author analyzes the concepts of development of law and migration processes in the modern conditions. The research methodology contains the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of migration, it is necessary to improve forms and methods of legal regulation of criminal activities of migrants. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of migration and provision of legality in this sphere. 
Keywords: movement, foreigner, responsibility, prevention, criminal activity, migration, migrant, policy, cooperation, Ministry of Internal Affairs
Kareeva-Popelkovskaya K.A. -

DOI:
10.7256/2454-0692.2014.1.10641

Abstract:
Kareeva-Popelkovskaya, K.A. - Mechanism for the application of administrative interception. pp. 30-39

DOI:
10.7256/2454-0692.2014.1.63884

Abstract: Implementation of executive power and guarantees of public order is practically realized via certain means and methods of strategic influence on the behavior and conscience of the people. The various organizational and legal means are used in order to guarantee rule of law and legal order within the state administration system of the Russian Federation, and the influence of these means also varies depending on the participants of legal relations. Convincing and coercion being two mutually complementing methods of state administration serve as these methods at the current stage of development of the society. Their social purpose and efficiency of their influence is due to the fact, that, firstly, they are caused by general social and economic patterns of development of the society, and secondly, they should be in inseparable unity, thirdly, they depend on how correctly and socially adequately the economic and political needs of society are reflected. 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 specifi c sociological studies (statistical, expert evaluation, etc.). Application of administrative coercion should be preceded by preventive measures, one of which should be an order with the threat of physical coercion. These measures are mostly necessary for prevention and interception of the gravest administrative offences, encroaching at the public order and established administration procedure. The measures of administrative coercion relating to physical or moral influence inevitably limit rights and interests of a person suspected for committing and offence, that is why their application is impossible without due procedural guarantees. Procedural guarantees of a suspect, competence of executive and judicial bodies, their officials are defined by the right of coercion or the right of coercive power.
Keywords: coercion, law, police, mechanism, control, norm, function, DIA, MIA, official.
Kukushkin S.N. - Criminal liability of the state registrar in the sphere of civil (business) turnover of the real estate (Art. 170 and 285.3. Penal Code of RF) pp. 31-39
Abstract: the article views questions of correlation between the Civil and Penal legislation in qualification of the state registrar’s activity in the sphere of civil (business) turnover of the real estate. The qualification of the state registration procedure for the real estate has peculiarities, which reveal issues in criminal liability of the state registrars. The correlation of civil and criminal law affects the formulation of the Criminal Legislation, ensures more accurate formulation and explanation of the rules of criminal liability of certain public officers who serve at state bodies in the sphere of economics. And finally, the conclusions made in the article, are related to the process of the police reform, especially in securing of ownership.
Keywords: business turnover, real estate, state registration, registration procedure, economic crimes, ownership, procedural law, state registrar, registration body.
Anokhin S.A. - The role of the law-enforcement agencies in environmental security in the territory of the Russian Federation pp. 36-40
Abstract: the article is focused on the rights defence of the citizens in the sphere of environment by the bodies of the MOIA of the Russian Federation and Prosecutor’s Office. Environment crime prevention is an important direction in the activity of the bodies of the MOIA of the Russian Federation and that of the Prosecutor’s Office. The emphasis of the article is made on the assurance of the environment safety of the society.
Keywords: environmental law order, prosecutor’s office, environmental security, control, subject of environmental security, environment, protection of the environment, natural resources, environmental function.
Gafarov S.V. - Business activity of detectives and safeguarding establishments — as a unit of safety measures of entrepreneurial activity. pp. 39-41
Abstract: the article describes legal and structural issues of security measures in business activity of the subjects of detective and safeguarding establishments; the article suggests a point that the entities providing detective and safeguarding services in the territory of the Russian Federation remarkably give way to the same organizations functioning in foreign countries.
Keywords: safety, entrepreneur, subject, guard, defense, approvals, license, methods, types of investigation, regulation
Khalilov R.R. - Ethical meaning of incentives in the Criminal Legislation pp. 39-41
Abstract: ethical meaning of incentives is in cohesion with the state positive reaction in this society, on this certain stage of development and at this historical moment. Incentives as a means of ethical sanction are allowed with consideration of moral assessment of good behavior of the legible offender and result in mitigation or relieving liability by the appropriate authorities.
Keywords: code of ethics, morals, conscientiousness, conscious, incentive, criminal, conduct, law, and legality.
Arestov A.I., Kobets P.N. - Legal evolution of the Institute of the circumstances mitigating punishment functioning in Russia pp. 41-46
Abstract: the article describes issues of legislative recognition of the circumstances mitigating the punishment. The work illustrates evolving of the circumstances mitigating punishment, their place and role in the mechanism of criminal sentencing.
Keywords: responsibility, punishment, Penal Code, circumstances, mitigating, aggravating, qualification, evolution, order.
Kareeva-Popelkovskaya Kristina Aleksandrovna - Institute of administrative compulsion in the system of state compulsion and its realization in the work of the bodies of Internal Affairs pp. 42-45
Abstract: the article looks at the nature of the institute of administrative compulsion in the system of state compulsion, which helps the author to disclose the essence of administrative compulsion which is being realized in the work of the bodes of Internal Affairs.
Keywords: compulsion, application, process, influence, physical, will, discretion, method, means, remedy, party, police.
Arestov A. I., Kobets P.N. - History and issues of sexual offence prevention pp. 44-48
Abstract: the article describes the issues in prevention of sexual offence, indicates a huge public danger of such acts, in relation to what it suggests means how to prevent this type of a crime.
Keywords: offence, liability, guilt, rape, sex, violence, penalty, preventative measures.
Kashkina Ekaterina Valeryevna - The present day situation in the sphere of road accidents involving children and the role of traffic police in prevention of these offences pp. 46-55
Abstract: the article looks at the present day situation in the sphere of road accidents involving children in the countries of the European Union and Russian Federation. Based on the research made in the article, the author suggests certain means aimed at the minimization of the road accidents involving children.
Keywords: road accident, vehicle, accident, traffic participant.
Sidorov E.T., Tarasov A.Y. - Analysis of the institution of administrative coercion on the base of the system-structural approach pp. 47-60

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. 
Keywords: vehicle searching , vehicle examination, breaking into a vehicle, system approach, attesting witnesses, weapon, police, measures, administrative coercion institution, government coercion
Alikhadzhieva I.S. - Criminal and administrative regulation of the combat with the offenses that are encouraging prostitution pp. 49-58
Abstract: the article is focused on the research of the present day model of the combat with offences encouraging prostitution with the help of criminal deterrence and administrative means (“Engagement in prostitution” (Art. 6.11. Administrative Code RF) and “Getting profit from engagement in prostitution” (Art. 6.12. Administrative Code RF)). The work suggests a concept how to counteract prostitution as a social phenomenon, crimes encouraging prostitution or committed in the sphere of sex service as well as a range of legislative means in the sphere of administrative and criminal elimination of the negative consequences of prostitution. The work suggests definite formulas of the new administrative instructions from the perspective of legalization of prostitution with the help of summarizing of the law making, judicial and investigative experience in offences and crimes encouraging prostitution.
Keywords: administrative responsibility, the legalization of prostitution, prostitution, receiving the proceeds of prostitution, prostitution and commercial sexual work, involvement in prostitution, the organization of prostitution, the judicial practice
Shemetov M.N. - Issues related to realization of the means of criminal liability for smuggling. pp. 56-57
Abstract: the article describes issues related to the means of realization of criminal liability for smuggling, draws attention to the issues of classification of deeds related to the external economic activity.
Keywords: smuggling, liability, compulsion, undeclared, understatement of customs value, customs fees, transfer, customs border
Kobets P.N. - About crime prevention – as a complicated, multi-faceted and sustainable process pp. 56-60
Abstract: the article suggests a review of legal and structural issues of crime prevention. Based on this the author summarizes that crime prevention is quite a multi-faceted process, but quite sustainable which can help to increase efficiency of the law-enforcement activity if the latter characteristic taken in regard.
Keywords: delinquency, preventative means, prevention, combat, liability, penalty, crime, offender, goal.
Rubtsov A.G. - On the issue of introduction of the Institute of private bailiffs in the Russian Federation pp. 60-62
Abstract: the article contains an assumption of introduction of the Institute of private bailiffs in Russia. Systems of enforcement in foreign countries are compared in the article. The author suggests introducing private system of execution as an experiment.
Keywords: management, adjudication, private bailiff, collection agency, civil service, compulsory execution, bailiff, recoverers, enforcement proceeding, market economy.
Astishina T. V., Markelova E. V., Opholz I. A. - Prevention of juvenile delinquency by police pp. 93-99

DOI:
10.7256/2454-0692.2013.2.62476

Abstract: the author suggests that prevention of offences among the juvenile — is a very acute task in preventive activity of the bodies of Internal Affairs. Infringing behavior of the minors determines not only crime in general at present, but it also determines future crime. Obviously it’s a serious question to carefully choose the organization, which this job will be imposed on. Notwithstanding the comparatively low statistics of offences committed by the juvenile among the general crime, the work aimed at prevention of the offences among the juvenile is of great importance.
Keywords: police, task force for the work with the cases of juvenile, bodies of Internal Affairs, preventive measures, compulsion, conviction, measures, help, interaction, collaboration, neglect, public safety.
Nesmelov P. V. - Legal regulation of using force, special equipment and firearms by police officers pp. 100-103

DOI:
10.7256/2454-0692.2013.2.62477

Abstract: the article provides a research of legal and organizational foundations and the reasons, which justify the use of force, special equipment and firearms by police.
Keywords: compulsion, prevention, police, firearms, means, police officer, employee, foundation, technic, unarmed self-defense, wrestle.
Melikov F.A. - On the issue of the “violence” concept definition

DOI:
10.7256/2454-0692.2015.3.15499

Abstract: The author studies the meaning of violence as a criminal phenomenon, characterizes the concept of violence in the context of its criminal attributes. The author analyzes such attributes of violence as coercion, premeditation, and activity of the deed. The author emphasizes that violence can be of physical, psychic and sexual character. From the viewpoint of the subject, violence can be used against another person, a group of people, the society, and an animal. The study provides the analysis of other attributes of violence. The author offers his own definition of violence as a criminal category. The author uses the following methodological bases: the complex of the general scientific and special methods of cognition of socio-legal reality. The methodology is based on the dialectical method with its features of objectivity, universality, historicism, and certainty of the truth. Among the general scientific methods the author uses the methods of analysis, synthesis, comparison, measurement. As a special method the author uses the method of comparative-legal analysis. The novelty of the research lies in the attempt to reveal the essence of violence as a criminal category, the absence of which impedes law enforcement and doesn’t favour the uniformity of practice. The author offers the following definition of violence: a socially dangerous premeditated active physical, psychic or sexual act used against another person, a group of people, the society or an animal, characterized by the moral, physical or material harm and prohibited by the Criminal Code under the threat of punishment. 
Keywords: physical violence, psychic violence, criminal law, term, definition, family, violence, counteraction, sexual abuse, injury
Melikov F.A. - On the issue of the “violence” concept definition pp. 127-131

DOI:
10.7256/2454-0692.2015.3.66534

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

DOI:
10.7256/2454-0692.2014.2.11174

Abstract:
Kareeva-Popelkovskaya, K.A. - Legal regulation of the act of application of suppressive measures in police activities. pp. 155-171

DOI:
10.7256/2454-0692.2014.2.64206

Abstract: Implementation of executive competence and guaranteeing the public order can be achieved by certain means and methods of strategic infl uence on minds and behavior of people. Two mutually complementing methods: convincing and coercion are used to achieve this purpose at the current stage of social development. Their social purpose and effi ciency is due to the following. Firstly, these methods are determined by the general social and economic patterns of the society development. Secondly, they should be inalienable and interrelated. Thirdly, they depend on how adequately and correctly the refl ect the economic and political needs of the society and the current challenges. 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.). Application of law in some cases is related to public coercion, and this is a purely public sphere. The above-mentioned features are typical of both executive and administrative activities –as specifi c types of state activities. It is performed in various forms of which the most traditional ones according to the administrative legal literature are legal and non-legal ones. The non-legal forms of activity include material technical operations and organizational work. In the process of their implementations the legal administrative acts are not issued. Application of law is within the very core of executive-administrative activity, it is its main and defi ning manifestation. Practically speaking, it includes publication of the law-enforcement acts and administrative activities. At the same time implementation of legal acts of practical character by the bodies (offi cials) is a foremost important form of administration.
Keywords: act, application, process, regulation, infl uence, coercion, interception, police, offi cer, hit.
Serebruev I.V. - Repeatedness of illegal use of means of identification as its constructive feature: problem of polysemy and the ways of its eradication

DOI:
10.7256/2454-0692.2016.3.18403

Abstract: Counterfeit goods production and selling increases annually, becoming organized and transnational, it threats economic security of the Russian Federation. The responsibility for illegal use of means of identification is provided by civil, administrative and criminal legislation. Obviously, the leading role in struggle against legislation violations is played by criminal law. At the same time, the criminal legal provision, imposing liability for illegal use of means of identification of goods and services (article 180 of the Criminal Code of the Russian Federation), can hardly be called effective. In the author’s opinion, its poor effectiveness is conditioned by the complexity of interpretation of the constituent features. The study is devoted to the repeatedness of the crime under consideration, which is one of the most uncertain and important features of the objective aspect of this crime. The research methodology is based on general scientific methods of cognition including analysis, synthesis and the formal-logical method, and special methods including technical and dogmatic, and the instruments of legal hermeneutics. Repeatedness has a constituent meaning for the objective aspect of the crime, specified by the article 180 of the Criminal Code of the Russian Federation, but its interpretation causes discussions among scientists and practicing lawyers. It’s not surprising, given that the repeatedness feature can be understood in different ways within the criminal law theory and investigation and judicial practice, and the prosecution of the accused depends on determining the fact of this feature. The article presents different understandings of the repeatedness feature, and provides for the author’s interpretation of this notion. 
Keywords: means of identification, trade mark, criminal law, crime, composition of crime, objective aspect, repeatedness, interpretation of law, intellectual property, unethical competition
Serebruev I.V. - Repeatedness of illegal use of means of identification as its constructive feature: problem of polysemy and the ways of its eradication pp. 263-268

DOI:
10.7256/2454-0692.2016.3.67709

Abstract: Counterfeit goods production and selling increases annually, becoming organized and transnational, it threats economic security of the Russian Federation. The responsibility for illegal use of means of identification is provided by civil, administrative and criminal legislation. Obviously, the leading role in struggle against legislation violations is played by criminal law. At the same time, the criminal legal provision, imposing liability for illegal use of means of identification of goods and services (article 180 of the Criminal Code of the Russian Federation), can hardly be called effective. In the author’s opinion, its poor effectiveness is conditioned by the complexity of interpretation of the constituent features. The study is devoted to the repeatedness of the crime under consideration, which is one of the most uncertain and important features of the objective aspect of this crime. The research methodology is based on general scientific methods of cognition including analysis, synthesis and the formal-logical method, and special methods including technical and dogmatic, and the instruments of legal hermeneutics. Repeatedness has a constituent meaning for the objective aspect of the crime, specified by the article 180 of the Criminal Code of the Russian Federation, but its interpretation causes discussions among scientists and practicing lawyers. It’s not surprising, given that the repeatedness feature can be understood in different ways within the criminal law theory and investigation and judicial practice, and the prosecution of the accused depends on determining the fact of this feature. The article presents different understandings of the repeatedness feature, and provides for the author’s interpretation of this notion. 
Keywords: means of identification, trade mark, criminal law, crime, composition of crime, objective aspect, repeatedness, interpretation of law, intellectual property, unethical competition
Kostennikov, M.V. ,Trofimov, O.E. - Legal regulation of transportation security and role of the police in its guarantees pp. 276-288

DOI:
10.7256/2454-0692.2013.4.63239

Abstract: Currently the development of transportation and transportation infrastructure calls for the formation of a complex system of transportation security. In 2012 the number of automobile accidents grew by 10%, for the air and water transportation it was 3,4%, for the railway transportation it was 5,6%. Annually about 100 000 people die in transportation accidents in the Russian Federation. The above-mentioned data proves that there is a need to improve administrative and legal regulation of the activities of federal executive bodies in the sphere of protection of transportation and transportation infrastructure security. The issues of security of a person, state and society have always been a center of attention for the state and civil society. Globalization of the economy, terrorist threats, economical and political instability make the states change their attitude to global security issues, including the sphere of transportation functioning, since its functioning is currently rather vulnerable.
Keywords: security, transportation, threat, police, system, means, guarantee, control, infrastructure, automobile.
Afon'kin G.P., Dodonov O.E. -

DOI:
10.7256/2454-0692.2013.5.10038

Abstract:
Afonkin, G.P. , Dodonov, O.E. - On the issue of suspension of sentence to the drug addicts. pp. 312-324

DOI:
10.7256/2454-0692.2013.5.63483

Abstract: The article concern s the topical issues regarding suspension of sentences to drug addicts. Drug addiction is a serious public threat. It is socially and economically dangerous for the population. The state comprehends its obligation to fi ght this evil and takes measures against drug addiction. First of all, the state takes measures in order to preclude the turnover of narcotic and psychoactive substances, which is in violation of the Russian legislation. Drug addiction is an illness caused by habitual use of substances causing short-term subjectively positive psychological condition. Based on the above-mentioned matters the article provides for the need to provide suspension of sentences for drug addicts. Illegal turnover of drugs causes higher crime rate in the society in general, and higher rate of drug-related crimes in particular. The crimes related to the illegal turnover of drugs have the third position among the various crimes, and only theft and economic crimes rank above them. One in every eight convicts serving sentence is convicted due to commission of drug-related crimes.
Keywords: drug addict, drug addiction, punishment, serving, responsibility, law, narcotic, substance, problem, fight.
Lapina M.A., Karpukhin D.V., Buchenkov G.A. - On the issue of the role of judicial practice for the determination of administrative offenñes as minor

DOI:
10.7256/2454-0692.2015.6.16594

Abstract: The subject of the article includes the current norms of the Code of Administrative Offences of the Russian Federation, regulating the concept of insignificance of an administrative offence, and the materials of judicial practice of the Supreme Court of the Russian Federation, the Supreme Arbitration Court and lower courts, containing the normative and causal interpretations of determination of minor administrative offences. At present, the administrative punishments, contained in the provisions of chapters 14 and 15 of the Code of Administrative Offences, for the violations in the sphere of the economy and finances, in the form of an administrative fine, disqualification and administrative suspension of activity, are very significant from the position of negative property consequences for the subjects of administrative responsibility – individuals, legal entities and persons possessing the official status. At the same time, the Code doesn't contain clear grounds for determination of minor offenses, what causes problems and ambiguous approaches of judicial authorities.The methodological basis of the study comprises recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to ensure the legislative provision of the criteria of insignificance of administrative offences in the Code of Administrative Offences and to establish the list of compositions of administrative offences, which should not be determined as minor offences. The main contribution of the authors is the examination of the judicial practice and the revelation of ambiguity of interpretations of insignificance with respect to formal and material components of administrative offences.The novelty of the article lies in the proposals about the development of the criteria, regulating the insignificance of offenses.
Keywords: administrative, infraction, administrative law, punishment, qualification of offenses, insignificant offense, officials, interpretation of, the law
Lapina M.A., Karpukhin D.V., Buchenkov G.A. - On the issue of the role of judicial practice for the determination of administrative offenñes as minor pp. 364-372

DOI:
10.7256/2454-0692.2015.6.67196

Abstract: The subject of the article includes the current norms of the Code of Administrative Offences of the Russian Federation, regulating the concept of insignificance of an administrative offence, and the materials of judicial practice of the Supreme Court of the Russian Federation, the Supreme Arbitration Court and lower courts, containing the normative and causal interpretations of determination of minor administrative offences. At present, the administrative punishments, contained in the provisions of chapters 14 and 15 of the Code of Administrative Offences, for the violations in the sphere of the economy and finances, in the form of an administrative fine, disqualification and administrative suspension of activity, are very significant from the position of negative property consequences for the subjects of administrative responsibility – individuals, legal entities and persons possessing the official status. At the same time, the Code doesn't contain clear grounds for determination of minor offenses, what causes problems and ambiguous approaches of judicial authorities.The methodological basis of the study comprises recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to ensure the legislative provision of the criteria of insignificance of administrative offences in the Code of Administrative Offences and to establish the list of compositions of administrative offences, which should not be determined as minor offences. The main contribution of the authors is the examination of the judicial practice and the revelation of ambiguity of interpretations of insignificance with respect to formal and material components of administrative offences.The novelty of the article lies in the proposals about the development of the criteria, regulating the insignificance of offenses.
Keywords: minor offense, determination of offenses, punishment, administrative law, offence, administrative, officials, legal collision, act, right
Kuznetsova N.V. - On the issue of unification of criminal liability for the crimes in the sphere of foreign-economic activity in the Eurasian Customs Union member-states

DOI:
10.7256/2454-0692.2015.6.17006

Abstract: The subject of the research includes the norms of criminal legislation, imposing responsibility for the crimes in the sphere of foreign-economic activity. The article considers customs crimes, committed on the territory of the Customs Union; analyzes the problems of national criminal legislation of the Russian Federation, Belarus and Kazakhstan, connected with the absence of a unified normative-legal base of the states, containing the unified list of penal actions, infringing the established order of foreign-economic activities, forms of punishment and other penal measures for such crimes. The methodology of the study is based on the general scientific dialectical method of cognition. Other methods also play a significant role: the formal-legal method, the comparative-legal method, the method of legal modeling, the statistical and other methods. The author comes to the conclusion about the need for the provision of economic safety of the Customs Union member-states through the unification of criminal legislation of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, which should have the common comprehensive list of socially dangerous acts, considered as crimes on the whole territory of the Customs Union, the punishments for such crimes and other penal measures. 
Kuznetsova N.V. - On the issue of unification of criminal liability for the crimes in the sphere of foreign-economic activity in the Eurasian Customs Union member-states pp. 373-379

DOI:
10.7256/2454-0692.2015.6.67197

Abstract: The subject of the research includes the norms of criminal legislation, imposing responsibility for the crimes in the sphere of foreign-economic activity. The article considers customs crimes, committed on the territory of the Customs Union; analyzes the problems of national criminal legislation of the Russian Federation, Belarus and Kazakhstan, connected with the absence of a unified normative-legal base of the states, containing the unified list of penal actions, infringing the established order of foreign-economic activities, forms of punishment and other penal measures for such crimes. The methodology of the study is based on the general scientific dialectical method of cognition. Other methods also play a significant role: the formal-legal method, the comparative-legal method, the method of legal modeling, the statistical and other methods. The author comes to the conclusion about the need for the provision of economic safety of the Customs Union member-states through the unification of criminal legislation of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, which should have the common comprehensive list of socially dangerous acts, considered as crimes on the whole territory of the Customs Union, the punishments for such crimes and other penal measures. 
Keywords: foreign-economic activity, customs crimes, the Customs Union, unification, punishment, smuggling, customs integration, economic activity, customs area, interaction
Anokhin S.A. -

DOI:
10.7256/2454-0692.2013.6.10431

Abstract:
Korotaeva O.V. - Criminal liability for the infringement of the secrecy of the ballot

DOI:
10.7256/2454-0692.2015.6.17248

Abstract: The subject of the study is the range of legal norms containing criminal liability for the crime specified in the article 141 of the Criminal Code of the Russian Federation – infringement of the secrecy of the ballot. The object of the research is the range of social relations emerging in the result of the infringement of the mentioned legal provision. Special attention is paid to the evolution of the criminal article, to the analysis of the position of the lawmaker on various stages of the existence of the Criminal Law in relation to the disposition of the article 141 of the Criminal Code, and to the analysis of judicial practice. The author considers the composition of the crime and reveals the gaps in criminal legislation, offering the measures for its improvement. The methodology of the research is based on the recent achievements of epistemology. The author applies theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling) and traditional legal methods (formal logical). The author formulates the measures for the improvement of the disposition of the article, specifying criminal liability for the infringement of the secrecy of the ballot. The novelty of the study lies in the suggestions about the development of forms and methods of criminal-legal regulation of liability for the crime, specified in the article 141 of the Criminal Code of the Russian Federation. 
Anokhin, S.A. - Role of internal affairs bodies in enforcing legal protection of environment pp. 380-389

DOI:
10.7256/2454-0692.2013.6.63560

Abstract: The object of this study includes activities of the law-enforcement bodies in the sphere of environment and guarantees of environmental security, as well as court activities in the sphere of protection of environmental rights. The number of environmental crimes and other offences is ever-growing annually. These offences have growing influence upon the public security, and in some regions they serve as political destabilization factors. All of the above requires greater efforts of all of the state bodies, law-enforcement bodies included, towards protection and revival of the natural environment of people. The scientific research methods include: historical legal and analytical methods. The methodology of the scientific study includes analysis of the nature and elements of law-enforcement functions of police in their interaction with the other law-enforcement bodies as well as with specialized bodies, competent to protect environmental security. The scientific novelty includes evaluation of law-enforcement functions of internal affairs bodies in the sphere of environmental protection. An important sphere of internal affairs bodies activities includes prophylactics of environmental offences. If one is to consider that the environmental legal activities of the internal affairs bodies may be deemed efficient when the number of environmental offences is lowered, then their most important goal is to uncover causes and prerequisites, supporting the commission of environmental crimes and development of measures aimed at prevention and interception. The study provides a conclusion that the current organization structure of internal affairs bodies generally is capable of standing up to modern environmental needs and challenges, in spite of some of its shortcomings.
Keywords: police, internal affairs bodies, jurisdiction procedure, internal affairs bodies, prosecution, environmental security, administrative procedure, environmental crimes, prosecutor supervision, environment protection.
Korotaeva O.V. - Criminal liability for the infringement of the secrecy of the ballot pp. 380-386

DOI:
10.7256/2454-0692.2015.6.67198

Abstract: The subject of the study is the range of legal norms containing criminal liability for the crime specified in the article 141 of the Criminal Code of the Russian Federation – infringement of the secrecy of the ballot. The object of the research is the range of social relations emerging in the result of the infringement of the mentioned legal provision. Special attention is paid to the evolution of the criminal article, to the analysis of the position of the lawmaker on various stages of the existence of the Criminal Law in relation to the disposition of the article 141 of the Criminal Code, and to the analysis of judicial practice. The author considers the composition of the crime and reveals the gaps in criminal legislation, offering the measures for its improvement. The methodology of the research is based on the recent achievements of epistemology. The author applies theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling) and traditional legal methods (formal logical). The author formulates the measures for the improvement of the disposition of the article, specifying criminal liability for the infringement of the secrecy of the ballot. The novelty of the study lies in the suggestions about the development of forms and methods of criminal-legal regulation of liability for the crime, specified in the article 141 of the Criminal Code of the Russian Federation. 
Keywords: infringement of the secrecy of the ballot, method of crime, declaration of the will of the voter, electoral commission, referendum commission, judicial practice, subject of crime, candidate, voting, criminal law
Kareeva-Popelkovskaya K.A. -

DOI:
10.7256/2454-0692.2013.6.10597

Abstract:
Kareeva-Popelkovskaya, K.A. - Administrative interception measures and the problems of their implementation in police activities pp. 390-401

DOI:
10.7256/2454-0692.2013.6.63561

Abstract: The various organizational and legal means are used in order to guarantee rule of law and legal order within the state administration system of the Russian Federation, and the influence of these means also varies depending on the participants of legal relations. The choice of methods for the regulation of public law relations depends on their role in administration organizations, on goals and aims, which they have, and also on lawfulness or unlawfulness of their actions. The traditional methods in administration relations are coercion and persuasion. Each of them is used depending on the situation and the goals of the legal practitioner. The police activities use the methods of administration, which are typical for the police activities and for the guarantees of legal order. The police, being the universal law-enforcement body, employs a complex of stimulating methods, as well as a system of coercive methods, forcing the legal entities and natural persons to follow the limitations and prohibitions established by law based on the will of the state. Therefore, public coercion is the central element of the police activities. Interception of crimes and administrative offences is mostly executed by coercive means. However, the state coercion is not homogenous. It may be differentiated into a number of groups. The administrative interception measures are central to the system of public coercion. Administrative coercion is applied by most services and divisions of the police. That is why the problem of improvement of the administrative interception measures and formation of the efficient mechanism for their use in the police activities is so topical. The administrative coercion measures implemented by the police are various. These measures support the law-enforcement potential of various administrative prevention measures, allowing to expose crimes and administrative offences, as well as guaranteeing application of administrative punishments.
Keywords: police, coercion, policeman, control, problem, implementation, arms, special means, danger, damage.
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