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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 04/2013
Contents of Issue № 04/2013
Administrative activity of the police
Kurakin A.V., . - Administrative process and its implementation in police activities. pp. 1-44


Abstract: In this article based upon the scientific experience the author views the construction of administrative process. It is noted in the article that currently the administrative process is more than just a combination of administrative procedures, its contents should include administrative procedures and regulations.  Administrative process is an integral part of legal process and they relate to each other as a part and a whole.  Administrative procedural norms may be established both at the federal and the regional levels. The modern administrative process includes administrative jurisdiction process, positive administrative process, including various positiv procedures (proceedings) and regulations.  Administrative procedures are actively introduced both into the economic and law-enforcement activities  It is noted that administrative regulation as a complex normative document may establish the procedure for interaction among the structural divisions of federal executive bodies and state non-budgetary foundations or their officials.  The authors also provide a classification of administrative regulations.
The police and criminal procedure
Kukushkin S.N. - Issues of criminal law responsibility of state register staff in the sphere of economic turnover of immovable property (Art. 170 and 285.3 of the Criminal Code of the Russian Federation). pp. 45-60


Abstract: The article concerns issues of correlation of civil and criminal legislation in part of qualification of criminal activities of state register officers in the sphere of civil (economic) turnover of immovable property. It is stated that the material ability to dispose of a property is implemented in organizational procedural form. Specific features of civil law qualification of the procedure of state registration of rights to immovable property show the problem of criminal responsibility of state register staff.   Criminal illegal behavior of state register officers should be fully non-compliant with the norms of civil law both in its procedural and material aspects. The correlation of civil and criminal law has its influence upon the formation of criminal legislation, and it facilitates correct expression and interpretation of norms establishing criminal responsibility of officials of state bodies in the sphere of economics.  Finally, the conclusions in this article are directly related to the process of police reform and its activities in the sphere of protection of property.
Forensic activities and police work
Evseev A.V. - On the issue of guarantees of criminological security. pp. 61-72


Abstract: The article concerns the problems regarding criminological security and the need to form a new strategy for the crime prevention by the internal affairs bodies (the Ministry of Internal Affairs of Russia, hereinafter the MIA). The MIA reform was aimed at improvement of of  efficiency of internal affairs bodies in fighting crime, and improvement of the image of the MIA staff among the population, and it did not achieve these results to a full extent so far. It is stated that the most efficient measure for crime prevention and interception is operative reaction to the information from the people.  It is noted that the heads of territorial bodies of the MIA of Russia at the district level need to use the personnel and means that they have more efficiently in order to guarantee sustainable operative situation on their territories. It seems very important for the MIA staff to be aimed at prevention of crimes first of all. The article may be of interest to the practicing MIA staff, and to the students of educational institution within the system of MIA.
Police staffing
Nugaeva A.I. - On the issue of a right of citizens to join prosecution staff. pp. 73-89


Abstract: The article concerns legal and organizational problems regarding implementation of the right of citizens to join public service in general and prosecution staff in particular.  It is noted in the article that the legislative provisions for the requirements to the persons assigned as prosecutors, procedure for employment of prosecution staff and competence of prosecutors, widening the range of collegiate elements in prosecution activities considerably strengthened the legal basis for the cadre work.  The modern approach towards the formation of cadres, selection of staff from the persons meeting the requirements to the status of prosecutors calls for the transfer from the subjective personal evaluation to the scientifically grounded professional choice of candidates.  When choosing staff for prosecutor work the cadres services make decisions based on their ideas on importance of certain characteristics or health conditions. However, not all of the relevant issues of choice and positioning of prosecution staff were duly resolved.
Foreign police forces
Admiralova I.A., . - On the issue of compliance of the CSTO states legislation on human trafficking with the international acts. pp. 90-95


Abstract: The article contains comparative analysis of the legislation of the Collective Security Treaty Organization states regarding human trafficking, illegal migration and international acts. Most of the victims of human trafficking are women and children. Current international legal documents recommend prohibiting any such acts and to establish responsibility for them in every state, which had signed the document. The legislation of all Member States of the Collective Security Treaty Organization corresponds to the generally recognized international standards. The authors refer to the significant amount of norms of international law reflected in the legislation of the Collective Security Treaty Organization Member States. Almost all of the national legislations of these states recognize as aggravating circumstances for the crime of illegal migration "situations, which threaten, or might threaten life or security of migrants", and "related to inhuman or degrading treatment of migrations, including for the purpose of exploitation".
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