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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 01/2015
Contents of Issue № 01/2015
Administrative activity of the police
Sidorov E.I. - Problems of proving in cases of administrative offences in the sphere of customs pp. 1-23

DOI:
10.7256/2409-7810.2015.1.14073

Abstract: The article is devoted to the urgent issues of the subject of proving and the use of evidence in cases of administrative offences in the sphere of customs in terms of creation and functioning of the Customs Union. The author reveals the legal framework of implementation of evidence in administrative and jurisdictional proceedings of Customs authorities, as well as the procedural order of their establishing; on this basis the author defines the ways to improve their application. The author concludes that crime prevention is largely predetermined by a clear understanding of its subject. The methodology of the research is based on the modern achievements of epistemology. The study uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, the methods used in empirical sociological research The article concludes that the successful solution of the problems of the proceedings on administrative offences in the sphere of customs depends on several factors, such as the timely, complete and objective clarification of the circumstances of each case, its resolution in accordance with law, enforcement of the judgment, as well as identification of the causes and the conditions leading to administrative offences.
Tregubova E.V. - The institution of incentives and constraints in administrative law and its implementation in the police sector pp. 24-55

DOI:
10.7256/2409-7810.2015.1.14103

Abstract: The subject of the article covers theoretical and practical problems in the sphere of implementation of legal prohibitions. The object of the article includes public relations connected with the prevention and suppression of crimes by means of prohibitions and restrictions. On this basis the author generalizes a number of opinions about legal prohibitions and legal incentives which are involved in the mechanism of legal regulation of social relations in the sphere of administrative and legal reality. This makes it possible to note that in various branches of law prohibitions perform various social functions.The methodology of the research is based on the modern achievements of epistemology. The study uses the theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, and the sociological methods.The article concludes that the common point of all kinds of legal prohibitions is that they constrain the illegal or anti-social behavior. The protective function of administrative and legal prohibitions is conditioned by the social need to protect the interests of individuals, the society and the state from unwanted deeds. Thus, the author concludes that the role of administrative and legal prohibitions in the provision of law and order is of a crucial importance .
Tadzhibov V.R. - The grounds of administrative responsibility in the police sector pp. 56-69

DOI:
10.7256/2409-7810.2015.1.14170

Abstract: The subject of the article includes the grounds of administrative responsibility; it describes the peculiarities of an administrative offense and its features. On this base the author concludes that the concept of an administrative offense, as enshrined in the Code of Administrative Offenses, should be supplemented with the characteristic of a public danger. Administrative offenses in the sphere of public events are heterogeneous. This is due to the fact that as an administrative offense can be recognized only the behavior which is prohibited by administrative law. The article notes that the essential characteristic of an administrative offense is a public danger. The methodology of the research is based on the modern achievements in epistemology. The study uses the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods and the techniques used in empirical sociological research. The article concludes that if public danger is a quality typical for certain deeds objectively, their illegality is established by a legislator in regulation prohibiting the commission of such deeds. Social danger of the act does not mean it mandatory illegality, as a legislator, unfortunately, is not always quick to respond to the existence of socially dangerous acts imposing a ban on them.
The police and issues in the fight against corruption
Kurakin A.V. - Combating corruption principles and their implementation in the sphere of the interior pp. 70-93

DOI:
10.7256/2409-7810.2015.1.14256

Abstract: The subject of the article includes the legal and organizational problems of combating corruption in the public service of the Russian Federation. The object of the article is a range of public relations in the sphere of corruption prevention. The author pays special attention to the content of the principles of combating corruption. The article notes that in the process of reforming of Russian public service the principles of relationship between the civil service and other forms of public service have been established and the development of anti-corruption legislation has been started. Particular attention is paid to the theory of the problem.The methodology of the article is based on the modern achievements of epistemology. The study uses the general philosophical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in empirical sociological studies (statistics, expert assessment et al.).The main conclusions of the research are devoted to the improvement of anti-corruption legislation. The novelty of the study lies in the fact that it offers a comprehensive assessment of the principles of combating corruption, and substabtiates the use of the system approach in combating corruption offenses in the public service. A special contribution of the article consists in the fact that it's made a conclusion that achievement of significant results in combating corruption is possible only on the base of a complex approach to the outlined problems.
Serving in the police
Sizov I.Y. - Problems of legal regulation of combining jobs in the police pp. 94-107

DOI:
10.7256/2409-7810.2015.1.14089

Abstract: This article is devoted to the main directions of legal regulation of combining jobs in the internal affairs bodies.On the basis of the object and the subject of the article it is noted that the current regime of combining jobs by the police officers should be determined at the legislative level, the treatment of this problem should be more flexible and differentiated. The author concludes that it would be quite appropriate to use in this regard the experience of the United States and other countries and officially allow combining jobs by the employees of the bodies of internal affairs in commercial organizations, if this combining doesn't cause a "conflict of interests". The methodology of the research is based on the modern achievements of epistemology. The study uses the the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods and the techniques used in empirical sociological research. The article notes that earlier the Labor Code of the Russian Federation had established the duration of work for more than one employer for no longer than 16 hours per week. At the present time the duration of work time for a person having a second job has increased to 20 hours per week (no more than 4 hours per day) (Art. 284 of the LC RF). A legislator assumes that on the days off at the main place of employment the employee may work at a second place full time. 
Question at hand
Kabanov P.A. - Victimological dimension of criminal mortality in the Republic of Tatarstan: analysis of statistical indicators for 2009-2013 pp. 108-126

DOI:
10.7256/2409-7810.2015.1.14137

Abstract: The subject of the reseacrh is criminal mortality as a form of negative socially dangerous consequences of modern criminality in the Republic of Tatarstan. The aim of the study is to identify the key indicators of criminal deaths of victims in the Republic of Tatarstan, characterizing its dynamics and structure. As a result of the study of criminal mortality in the Republic of Tatarstan the author comes to the following conclusions. Firstly, the decrease in the criminal activity rate and in criminal victimization in the Republic of Tatarstan has not had a significant effect on the state of criminal deaths of victims of crime, which continues to grow, increasing the level of social danger of criminality in this region. Secondly, in the structure of criminal mortality can be noticed a negative trend - its constant growth. While the growth rates of criminal deaths from crimes against life and health of the population is much higher than the growth rate of criminal deaths from crimes against traffic safety and operation of transport. Thirdly, taking into account the negative trends associated with the rapid growth of criminal mortality in the Republic of Tatarstan, in the short term (within the next 5 years) we should expect a significant growth of quantitative and qualitative indicators of criminality in this region of the Russian Federation.The methodology of the study is based on dialectical materialism. As the main methods of cognition of criminal mortality in the Republic of Tatarstan the author uses the statistical methods: summary, grouping and statistical and structural analysis used by domestic experts in the study of criminal phenomena and processes. The scientific novelty of the research lies in the fact that on the base of official statistical data and using his own indicators (the rate of criminal mortality caused by crimes and the rate of criminal mortality among the victims of crimes) the author for the first time in Russian forensic science reveals the tendencies of criminal mortality as a consequence of one of the species the consequences of crime, using the developed by the author of indicators.
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