Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 03/2016
Contents of Issue № 03/2016
The police and criminal procedure
Ayupova G.Sh. - The Сoncept of the Motor Vehicle in Relation to Traffic Violations Under the Criminal Legislation of the Russian Federation and the Republic of Kazakhstan pp. 1-6

DOI:
10.7256/2409-7810.2016.3.20251

Abstract: Based on the analysis of the legislation of the Russian Federation and the Republic of Kazakhstan the author of the article conducts a comparative-legal research of the term "motor vehicle" used in relation to Articles 264 and 345 of the Criminal Code. In her article Ayupova also discusses the most important features of the studied concepts.  Analyzing modern Russia's and foreign states' experience in regulation of responsibility for violating traffic rules, the author has made proposals for improving the current criminal legislation and changing the list of vehicles. The methodological basis of this research involves legal comparative studies of dialectical theory of knowledge considering the development of a studied problem as part of the system. The scientific novelty of the research is caused by the fact that the author provides a critical review of motor vehicle components both in theory and practice taking into account the current criminal legislation of the Russian Federation and the Republic of Kazakhstan. 
The police and protection of human rights
Admiralova I.A. - Peculiarities of the Administrative-Legal Mechanism of Police Activities in the Sphere of Enforcement of Citizens' Rights and Freedoms pp. 7-15

DOI:
10.7256/2409-7810.2016.3.18676

Abstract: The present article is devoted to the enforcement of citizens' rights and freedoms through applying the administrative-legal mechanism of police activities. In her research Admiralova pays attention to constructive elements of this mechanism, moreover, these elements are analyzed and based on her analysis the author recommends what changes should be made in the current legislation. The author underlines that the process of enforcing citizens' rights and freedoms in the police administrative activities are performed through the mechanism of legal regulation that allows to combine various legal means and use them directly and purposefully as well as to subordine them to individual and public interests. The methodological basis of the research consists of the dialectical research method. The systems and activity approaches applied by the author as a branch of research methodology has allowed to analyze the mechanism of the administrative-legal enforcement of citizens' rights and freedoms as part of police activities from the point of view of laws and relations the structural elements of police activities have. The systemic nature of these risks creates the need to develop conceptual grounds of the administrative-legal enforcement of citizens' rights and freedoms by police agencies. Such approach to the issue allows to define the novelty of the present research and to make recommendations on hwo to create necessary conditions for guarantees of citizens' rights and freedoms in the process of performing particular administrative-legal activities by police. 
Administrative activity of the police
Kostennikov M.V., Maksimov S.N. - Methods of Providing Economic Security in the Administrative Law pp. 16-23

DOI:
10.7256/2409-7810.2016.3.18775

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of the modern economy. The author conducted a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. Discusses the author's position on the concept of state regulation of economy. The main attention is paid to developing methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of concepts of development of law and Economics in modern conditions. Discusses the author's position concerning the interpretation and legal regulation of these categories. The methodological basis of the article recent advances in theory of knowledge. In the study applied the General philosophical, theoretical, philosophical methods (dialectics, system, method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logic), as well as the methods used in the concrete sociological research (statistical, expert evaluation, etc.). The main conclusion drawn from the results of the study is that at the present time to ensure law and order in the housekeeper needs to improve forms and methods of administrative-legal influence on state and non-state sector of the Russian economy. The main contribution made by the authors in this article is the need for the development of administrative-legal regulation of the economy. The novelty of the article is to develop proposals for the development of forms and methods of state regulation of economy, and the creation of legal and institutional guarantees for the rule of law in the economy of our country.
The police and criminal procedure
Cherevko I.M., Nikonovich S.L., Beketov V.A. - Psychological Impact on a Person being Interrogated as a Сondition of Obtaining Objective Evidence pp. 24-31

DOI:
10.7256/2409-7810.2016.3.20395

Abstract: The subject of the research is the psychological impact of the investigator on the interrogated (suspect, witness) to obtain objective evidence. The object of the article is an interrogation procedure. An emphasis is placed on the penetration into the inner (psychic) world of a person in order to reform it and make him act in the needed way. Particular attention is paid to tactics prying concealed (psychologically protected) information out of a person. The observance of the dynamics of the psychological impact through movement from the surface layers of the psyche to deep substructures is also under consideration. The methodological basis of the study is made by the theory of mental reflection of mechanisms and levels. In this article general scientific and specific scientific methods of cognition are used. General scientific methods of the research are represented by systemic structural, comparative, formal and legal, statistical methods. The authors pursue a clear position concerning disengagement history interrogation where both legal and illegal methods of coercion may be used, and the procedure of interrogation itself with the predominance of interpersonal interaction mechanisms allowing to fix not only the actions of the interrogated but his reactions. The article emphasizes the importance of psycho-diagnostics, evaluates individually psychological traits of the person questioned, peculiarities of a psychological contact as a special case of the psychological impact.
Forensic activities and police work
Deryugin R.A. - Special Forensic Technology Designed for the Analysis and Processing of Information About the Connections Between Subscribers and (or ) Subscriber Units pp. 32-35

DOI:
10.7256/2409-7810.2016.3.18711

Abstract: The article discusses some aspects of the use of special forensic techniques designed to extract information from mobile devices. Moreover, the author of the article identifies the problems of procedural implementation of evidence in criminal proceedings obtained by law enforcement agencies using forensic techniques allowing to obtain information not only about about the connections between subscribers but also the files and data stored in the memory cell phones. The author also notes the need for the use of hardware and software systems such as "Segment C" and "UFED" by law enforcement authorities in order to improve the efficiency of their investigation of criminal cases. The author has used general and special research methods inculding legal logical method, systems analysis, synthesis, analysis, deduction, induction and others. The novelty of the research is caused by the fact that in today's society which can be considered the information-based society, analysis and processing of information regarding the connections between subscribers and (or) subscriber units is one of the promising trends in technical and forensic security criminal investigation as it requires the use of and the development of the latest special forensic techniques.
Operative investigation in police work
Astishina T.V. - Detecting Individuals and Facts of Operational Interest in the Sphere of Involvement Minors into Prostitution pp. 36-44

DOI:
10.7256/2409-7810.2016.3.18851

Abstract: The article is devoted to the main provisions regulating arrangement and strategies of detecting individuals and facts of operational interest in the sphere of involvement of minors into prostition. This kind of crime is not so frequently encountered as, for example, property offences but is of certain interest for legal practitioners. Based on the results of the survey that involved Internal Affairs operating officers, the author of the article describe circumstances that influence the low level of such crime detection. The author also offers the most efficient operating methods and strategies of detecting organized crime groups which members commit this type of crime. The methodology of the research is based on general laws and principles of the dialectical approach to the reality. The author has also used general and special research methods such as observation, comparative law method, logical legal method, surveys, etc.). The issues covered by the author of the article allow to define certain aspects that canbe used in fighting against involvement into and arrangement of prostitition activities including involvement of minors as well as to describe the most efficient operating methods and means of detecting organized crime groups committing this kind of crime, and the way of their documenting. 
Foreign police forces
Tinyakova E.A. - How Errors are Analyzed in American Criminological Practice pp. 45-52

DOI:
10.7256/2409-7810.2016.3.18644

Abstract: The subject of the research is erroneous judgements in American judicial practice that were massively represented during the online course of the University of Pennsylvania. The objective of the research is to provide a critical analysis of American criminology for international cooperation and exchange with Russian criminologists. Special attention is paid to the analysis of erroneous evidence of witnesses, questions of criminological psychology, and review of the basic terms related to dealing with witnesses in American criminological practice. The author emphasizes the importance of social consequences of erroneous judgements. The research method used by the author is the analysis of the University of Pennsylvania's online course 'Proved Innocent: Erroneous Judgements', T. Robichaud's lectures as well as lectures of other American experts who have been invited to participate in the course, tests and assignments. The scientific novelty of the article is caused by the fact that the author analyzes the quality of services rendered by criminological agencies as well as adjudication of the aforesaid cases which contribute to crime prevention, establishes more distinct limits between criminological elements and society. According to the author, cooperation of investigators from different countries in the process of international crime detection requires exchange of experience and skills which leads to a successful investigation. 
International police cooperation
Polukarov A.V., Sukharenko A.N. - Russian-Abkhaz Сooperation in the Fight Against Transnational Organized Crime and Corruption pp. 53-58

DOI:
10.7256/2409-7810.2016.3.18901

Abstract: The article focuses on the legal and institutional order on the Russian-Abkhaz cooperation in the fight against transnational organized crime and corruption. The article notes that organized crime is one of the strategic threats to the national security of Russia. That is why international cooperation in combating it is a foreign policy priority of our country. This article contains an analysis of certain provisions of the Treaty between Russia and Abkhazia "About Alliance and strategic partnership", which was ratified in 2015 and also signed in the same year of the Treaty "On mutual legal assistance in criminal matters". Special attention is paid to the issues of bilateral police cooperation in the fight against organized crime and corruption.The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study were used General philosophical, theoretical, General philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion drawn from the results of the study, is that at the present time, for law enforcement it is necessary to improve forms and methods of combating corruption. The main contribution made by the authors in this article is the necessity of developing international cooperation in the sphere of fighting corruption. The novelty of the article lies in development of proposals for the development of forms and methods of regulation of countering corruption.
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