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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 01/2013
Contents of Issue № 01/2013
The police and the institutions of civil society
Kashkina E.V. - On the issue of status of the subjects of public order protection pp. 1-17

DOI:
10.7256/2306-4218.2013.1.763

Abstract: The citizen of the Russian federation, who is capable of providing help to the law-enforcement bodies is a key subject among the variety of subjects, assisting the law-enforcement bodies and upkeeping the legal order.  Various forms of participation of citizens in the protection of social order allow to systematize them into certain groups, based on the type of their activities, which then allows to simplify the procedure of their interactions with the internal affairs bodies and guarantee order in public places. The author provides detailed description of police work, provides definitions of social organizations, their characteristic features and goals of their activities, as well as the competence of private guardian organizations. The author singles out four groups of non-governmental subjects, which guarantee the public order in a state. The author also points out the key directions of the activities of the Russian Orthodox Church in this sphere. Each citizen of the Russian Federation has a right to take part in protection of the public order in cooperation with the municipal bodies or the law-enforcement bodies, both at the non-profit basis and at the paid basis. The author then concludes that the guarantee of public order on the territory of the Russian Federation is an efficient interaction among all of the subjects, who are involved in upkeeping of the public order.
Forms of police activity
Admiralova I.A. - Administrative process and use of special knowledge pp. 18-24

DOI:
10.7256/2306-4218.2013.1.761

Abstract: The article is devoted to the legal and organizational problems regarding the use of special knowledge in the administrative process and in the procedure on administrative offence cases. The author describes the nature of judicial expertise, which includes analysis upon the assignment by the court, body or officer, who implements the procedure in an administrative offence case, formation of the opinion, which then becomes the source of evidence.  The article includes detailed analysis of the types of expertise, which are performed by the persons, having special knowledge. The article also includes the list of requirements for the adult persons, who may be involved as specialists and experts in the procedure on an administrative offence case. The author concludes that compliance with lawfulness, as well as the achievement of goals of the administrative offence procedure depend upon correct understanding and application of the legal status of expert within the administrative process.  It is pointed out, that the legal status of an expert should be amended for improvement.
Police administration
Tregubova E.V. - Administrative prohibitions in the sphere of police activities. pp. 25-44

DOI:
10.7256/2306-4218.2013.1.718

Abstract: The article is devoted to the definition and nature of administrative prohibitions in the police sphere of state administration. The author provides detailed description of a number of prohibitions to police officers in their activities towards the people in accordance with the Federal Law 'On Police", the Federal Law "On Operational Investigation Activities". The author analyzes prohibitions in the sphere of private detective and guardian activities, describes allowed services for the enterprises in the sphere of private detective and guardian activities. The author views the right to use special means, fire arms, as well as prohibitions for their use. The prohibitions define the regime of activities of the private detective and guardian enterprise. The author analyzes prohibitions in the sphere of turnover of arms: purchase, keeping, carrying, transportation, import and export.  The author discusses prohibitions in the sphere of guarantees of transportation, aviation, and road traffic safety. The article also concerns the key elements of the permissive system in the sphere of guarantees for the road traffic safety. An administrative prohibition is key element for the security of people and efficiency of work of the law-enforcement bodies.
Preventative work of the police
Astishina T.V., ., . - Prevention of juvenile crime by police. pp. 45-64

DOI:
10.7256/2306-4218.2013.1.762

Abstract: The author notes that prevention of juvenile crime, which to a great degree predefines the future crimes, is an important direction of preventive activities of the internal affairs law-enforcement bodies. It is noted that prevention of crime among the teenagers and the youth should hold and important place. The author provides the principles, on which the crime and offence prevention activities among the youth should be based. The author views two key forms of prevention activities - procedural and non-procedural. Then the author describes  the causes for the undue performance or non-performance of duties on juvenile crime prevention by the officers acting under the requests of investigation bodies. In order to prevent juvenile crime, it is important to cooperate with other subjects of the crime and offence prevention system. The author concludes that objective and all-inclusive achievement of goals of crime prevention among the juveniles is possible due to cooperation of internal affairs bodies and the civil society institutions.
The police and issues in the fight against corruption
Kurakin A.V., . - Administrative legal counteraction against corruption within the state service system and in the activities of the police officers of the Russian Federation and foreign states. pp. 65-83

DOI:
10.7256/2306-4218.2013.1.735

Abstract: The article is devoted to the administrative and organizational problems of fighting corruption in the official activities of the police officers, as well as the officers of the state executive bodies. The author describes negative influence of corruption on the development of economy, financial system of a state, and internal affairs bodies.  It is pointed out that one of the key causes of the growing corruption in the internal affairs bodies is the low quality of normative legal basis for their activities. The author views the key goals of administrative justice, and studies the foreign experience in the sphere of fighting corruption. The article also deals with the conflict resolution mechanisms within the state service system, as well as anti-corruption measures in the state executive bodies. The detailed analysis of the special commission on the investigation of police corruption in the USA is included, as well as information on the prestige of police work in the USA and the requirements to the dual job-holding in this sphere.  The author describes the offences, which may lead to corruption in police, internal affairs bodies and other executive bodies. The article also contains propositions for the minimization of corruption offences within the state administration system.
Problems of ensuring law-adherence and discipline in police work
Ovchinnikov N.A. - On the issue of definition of lawfulness as one of the directions of the fight against corruption within the system of Ministry of Internal Affairs of the Russian Federation pp. 84-98

DOI:
10.7256/2306-4218.2013.1.764

Abstract: The article is devoted to the legal and organizational problems of guarantees of lawfulness and discipline within the system of professional activities of the staff of the internal affairs bodies. The article includes analysis of nature and elements of lawfulness, then the  priority directgions for the reform in the MIA of Russia are pointed out. It is noted that most of the federal and regional laws fail to form the regime of lawfulness and discipline in the government and administration bodies. It is stated that the principle of lawfulness shall achieve its goals if there will be due correlation between the law-enforcement activities and the legal standards. It is also noted that the principle of lawfulness should take a central place within the system of other principles of activities of the government and administration bodies, as well as their officers. It is stated that the regime of lawfulness in the MIA of Russia shall become possible when the problems of fighting corruption and guarantees of internal security are solved. It is concluded that the level of police corruption can be lowered, if the corruption is condemned by the society, and the corrupted officers are subject to real punishments. It is also necessary to study and generalize the foreign experience in the sphere of fighting corruption in police bodies.
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