Электронный журнал Полицейская и следственная деятельность - №3 за 2017 год - Содержание - список статей - ISSN: 2409-7810 - Издательство NotaBene
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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 03/2017
Contents of Issue № 03/2017
The police and protection of human rights
Dvortsov V.E., Kazanchev I.T. - Criminal and Criminological Measures Aimed at the Prevention of Crimes in the Sphere of Cadastral Activity pp. 1-9

DOI:
10.25136/2409-7810.0.0.23094

Abstract: The aim of this work is to develop a complex criminal and criminological measures aimed at the prevention of crimes in the sphere of cadastral activity. This aim is achieved through realising the following objectives: studying the latest works on criminal law and judicial practice; survey of law enforcement officers specializing in the investigation of crimes in the sphere of economic activity; and implementation of results obtained during the peer reviews. The object of the research is the problems of criminal protection of relations in the sphere of cadastral activity from the encroachments of cadastral engineers (Article 170.2 of the Criminal Code of the Russian Federation). The authors used general and special research methods such as formal logical method, systems approach, principle of continuity of method and truth, analysis and synthesis. In addition, they used the method of expert evaluation. One of the positive tendencies of the modern criminal policy is the recognition of the priority of prevention of criminal encroachments which is proved by the changes made in the Criminal Code within the last five years, one of which was the introduction of criminal responsibility of cadastral engineers (Article 170.2 of the Criminal Code). However, this crime has a high latency level, the damage to individuals, organisations and the state is constantly growing, and there are a lot of crime determinants that contribute to crime in this sector, therefore, the authors offer a set of criminal and criminological measures that will allow to achieve tasks of combating crime in this area at the least cost to society, in particular without fully using a complex mechanism of criminal justice and without the use of this form of state coercion as a criminal punishment.
The police and criminal procedure
Berdnikova O.P. - Tactics of Directly Examining an Active Participant of an Organized Group Specialized in Committing Robberies pp. 10-17

DOI:
10.25136/2409-7810.0.0.23504

Abstract: The subject of this research is the most effective tactics needed to produce interrogation of active participants of the organized group in terms of tactical risk and conflict situations at the initial stage of investigation of robberies. The object of the research is the relationship between the investigator and active member of an organized group committing a robbery unfolding at the preparatory stage of production of the interrogation and in the process of production of the investigative action based on overcoming the conflicting and opposing positions on the part of the suspect. Based on particularities of the object and subject, the author of the article selected the dialectical methodas a methodological basis of the research. The author has also used general, specific and special research methods, in particular, comparison; generalization; situational modeling; and logical-legal analysis. The main conclusion of the research is that there  is the need in careful planning and preparation for interrogation of the active participant of the organized group occupying a position of conflict, beginning with studying personal traits of the person being questioned and availability of evidence of a criminal case. In this conflict situation a huge role is played by the correct and competent application of a number of tactics on the part of the investigator.
Zyryanova E. - Head of the Inquiry Unit as the Initiator and Guarantor of Reduced Inquiry pp. 18-23

DOI:
10.25136/2409-7810.0.0.24093

Abstract: In this article Zyryanova examines the procedural, institutional and other powers of the inquiry unit head that may be used in the process of reduced inquiry. She also onsistently analyzes the role of inquiry unit heads  at each stage of inquiry and justifies the need to expand the scope of procedural powers of the inquiry unit heads at the legislative level. The author provides specific arguments in confirmation of the aforesaid. Given the above, the author of the article offers a revised version of Article 40.1 and Part 32. 1 of the Russian Federation Code of Criminal Procedure. In her research the author uses different research methods including specific research methosd and such methods as analysis, comparison, generalization and induction. The novelty of the research is caused by the fact that the author proposes to legally fix the responsibility of the investigator to reach a decision on the transition from one form pf inquiry to another from the Inquiry Unit Chief by making appropriate changes in Part 32.1 of the Russian Federation Code of Criminal Procedure. 
Operative investigation in police work
Kondrashechkin R.V. - Oustanding Problems of Law-Enforcement Practice in the Process of Operative Investigative Arrest or Seizure pp. 24-31

DOI:
10.25136/2409-7810.0.0.23038

Abstract: The subject of the research is the particularities of legal regulation of operative investigative arrest as part of operative investigative activities set forth by Article 6 of the Federal Law No. 144 of 12 August, 1995 'On Operative Investigative Activity'. According to the author of the article, current legal grounds for arrest do not consider particular features of investigative unit activities which causes certain difficulties in the law-enforcement practice. Taking into account the practical orientation of performing operative investigative arrest or seisure in the process of operative investigative activity, it is necessary to note that legal acts regulating this activity lack standards that would regulate the procedure, grounds and conditions and other aspects of applying operative investigative arrest or seizure. Based on the author, these standards should be described and fixed in legal documents. The author has used the following research methods: comparative law method to analyse legal grounds for arrest or seizure; and comparative analysis method to define conformity of possible operative subdivisions in the process of operative investigative arrest. The author focuses on oustanding problems of law-enforcement practice assocaited with the implementation of such enforcement measure as operative investigative arrest or seizure by operative subdivision officers. The scientific novelty of the research is caused by the fact that the author conducts an analysis of legal acts regulating the procedure and grounds for arrest and offers recommendations on how to improve operative investigative activity. The main conclusions of the research are as follows: there is a need to amend Article 15 of the Federal Law 'On Operative Investigative Activity' with particular legal standards regulating the grounds and conditions, procedure, and limits of operative investigative arrest or seizure of suspects or other persons in the process of operative investigative activity. 
Preventative work of the police
Panshin D.L. - Criminological Characteristics of Economic Crime in the Russian Federation: the Case Study of Official Statistics of 2010 - 2016 pp. 32-43

DOI:
10.25136/2409-7810.0.0.23302

Abstract: The present article is devoted to the analysis of data on economic crimes in the Russian Federation based on the official statistics of 2010-2016. In his research Panshin gives a comparative and contrastive analysis and describes dynamics of indicators of serious and extremely serious economic crimes with reference to the total number of criminal activities. The coefficients of correlation of the number of persons who committed crimes in this category of crimes with a common number of criminal acts are given. The presented correlative changes in the indicators of quantitative and qualitative data contribute to the awareness of the current criminal component of modern Russian society. The revealed coefficients allowed to draw a conclusion about the scale of the described social dynamically changing phenomenon, its organization,  and professionalism of its actors which causes great damage not only to the economy of the country but to society in general. As the research methodology, the author of the article selected traditional methods of dialectical materialism, general research methods of analysis and synthesis, visual method, dialectical methods (induction and deduction), as well as special research methods of comparative and contrastive analysis of the coefficients of the population criminalization. Legal methods were also used to identify the legal regulation of the formation of statistical indicators of economic crimes. The conclusions of this research revealed tendencies of decrease in the indices of economic crime in the Russian Federation during the period of 2010 - 2016 including the reduction of registered serious and extremely serious crimes. However, the presented diagrams provided an opportunity to identify the repeated committal of economic crimes and well-organized nature of this type of crime causing great damage to the state.
Police staffing
Dresvyannikova E.A. - Increase of Communicative Competence of Employees of the State Traffic Inspectorate in Rendering Service Tasks pp. 44-52

DOI:
10.25136/2409-7810.0.0.22617

Abstract: The subject of this research is the communicative competence of road safety inspectorate officers. The author of the article emphasizes the importance of the acquisition  of the main professional knowledge and skills in the possession of psychological characteristics and psychotechnics of communication by the traffic police. The possible ways to the quality and efficiency of the psychological training of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia at the present stage are considered in the article and so are the possibilities of application of psychological training in improving professional training. Based on the conducted research and evaluation of communicative skills and abilities, state traffic officers who are first taken on duty are given a general analysis in terms of their level of development of communicative competence, the author also offers recommendations how to raise their competence. The scientific novelty of the research is caused by the fact that the author analyzed the level of development of communicative competence of State Traffic Inspectorate officers, described "problematic", i.e. requiring further development and improvement, communicative skills and abilities; and defined three blocks (component) that constitute professional and communicative competence of traffic policemen. The main conclusion, which is based on the results of the study, is that the professional and communicative competence of the traffic police is an important indicator of professionalism and effectiveness of their activities.
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