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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 04/2017
Contents of Issue № 04/2017
The issues of interaction between police and other law enforcement authorities and institutions
Bobrenev V.A. - About the Balance Between Functions and Directions of Prosecution Service in the Russian Federation pp. 1-8

DOI:
10.25136/2409-7810.2017.4.24381

Abstract: The article is devoted to the issues of the balance between functions and directions of prosecution service in the Russian Federation. The author systematizes positions on the matter presented in the theory of prosecution science. Bobrenev also describes reasons of its existence, shares his own point of view on the matter and offer a list of functions and directions of prosecution activity in the Russian Federation. The subject of the research is the provisions of the Federal Law 'On Office of Public Prosecution', legal acts of the General Prosecutor's office and academic literature on the matter. The methodology of the research involves general research methods such as analysis, synthesis, induction, and special research methods (formal logical and historical law methods). The author of the article concludes that we can actually talk about functions and directions of prosecution service as part of the applicable legislation system, provided that there are not identical terms. Prosecutor's functions are fiexed in federal laws that define the general mission, purposes and objectives of prosecutor's activity. Directions of prosecution activity is a component of a function that is characterised with a certain subject matter, tasks, powers and legal means as well as form of organisation. 
The police and criminal procedure
Cheverdyuk O.G. - On the Question About Protection of Rights and Legal Interests of the Accused in the Process of Accusation pp. 9-15

DOI:
10.25136/2409-7810.2017.4.25069

Abstract: The article is devoted to particular issues related to imperfection of the legal regulation of the institution of accusation. The object of the research is the law enforcement practice of preliminary investigation authorities to observe and protect rights and legal interests of criminal process participants. The subject of the research is the combination of criminal process standards regulating the procedure of accusation, their practical application, statistical data and scientifically grounded positions of procedural scientists according the issues related to the institution of accusation. The author of the research has used general and specific research research methods, in particular, systems - structured method, comparison, generalisation and logical legal analysis. As a result of the research, the author has discovered a number of topical issues related to the legal regulation of the aforesaid institution which applicable standards infringe the rights of the accused as a participant of the criminal process. The author has also offered measures aimed at improving the criminal process of accusation and prosecution. 
Police administration
Tahirov Z.I. - Prospective Opportunities to Improve On-Duty Management of the Operational Situation by its Deviations Based on a Network Approach pp. 16-33

DOI:
10.7256/2409-7810.0.0.23129

Abstract: In this article, based on the subjective analysis of a part of the law enforcement system (the established subsystem of joint activities of the Russian Ministry of Internal Affairs and the Federal Service for the Protection of Human Rights in Russia), in the framework of the model of network law enforcement activity previously identified by the author, the practical mechanisms for implementing this model are verbally described in connection with the organization of an operational response to deviations in a criminal situation in a certain area by law enforcement forces. The practical mechanisms described in the article lay the foundations for improving the operational management of a complex dynamic criminal system in real time. The article is written on the basis of the provisions of the general theory of social management, cybernetics, information analysis. Methods of abstraction, dialectical materialism, economic determinism, interpretation, analysis and synthesis, structural-logical, spatio-temporal dependencies, cause-effect relationships, modeling, psychological analysis; Approaches to the subject under study: operational, personal-activity and collective-activity, competence, axiological, historical, conflictological, norms and anomalies, communicative, geoinformation, playful, ideological. The novelty of the work is predetermined by the hypothesis adopted on the basis of the network structure of society. From the standpoint of the theory of social management, the operational level of law enforcement management with reference to the domestic police and some cooperating law enforcement agencies, interested (based on the common purpose, territory, facilities, methods of joint activity) in achieving a concerted effort of the overall result - an acceptable level of operational Situation. Proceeding from this object, the model of interaction at the level of operational management of modern bodies and divisions of the Russian police with Rosgvardia units, which perform traditionally "policing" functions (protection of law and order and public security, combating crime) is considered as a research task. The result of the work was a further deepening of the general provisions on the theory of network law enforcement activity, developed and previously published by the author, with the identification of a corresponding verbal model of law enforcement activity. The scope of the results of this study is determined by the breadth of social and law enforcement practice, the principles and provisions described are universal in nature and can be applied by analogy (scaled) in different areas and levels in orderly harmonized law enforcement activities. The conclusions of the study confirm the admissibility of the choice of the hypothesis, demonstrating the contradictoriness of the social modern law-enforcement practice from the point of view of public expectations and the really manifested result embodied in the modern model of the organization of law enforcement activity.
The police and criminal procedure
Dvortsov V.E., Kazanchev I.T. - Cadastral Engineer as a Special Subject of Crimes Against the Order of the Cadastral Activities pp. 34-39

DOI:
10.25136/2409-7810.2017.4.24268

Abstract: The use of some unfortunate language and additional shortcomings of the legal techniques, made at the development of Article 170.2 of the Criminal code of the Russian Federation, gave grounds for disputes about who is the offender. Due to abovementioned circumstances, the present study built on the study of the totality of criminal-legal and criminological characteristics, and relations characterizing the cadastral engineers, as special subjects of crimes against the order of the cadastral activities. The subject of study contains both criminal-legal characteristic of a special subject of the crime, and criminological analysis of the personality of cadastral engineers. The authors used the following methodology: interview, observation, method of generalization of independent characteristics, analysis of results of operations and litigation. The study of the subject of crimes against the order of the cadastral activities becomes relevant from a theoretical point of view since they provide an opportunity to identify approaches to studying how the criminal-legal characteristics of the crime and criminological study of the criminal personality in the sphere of cadastral activity. The study is also of great practical importance for law enforcement officials to investigate crimes in this area. One of the main performance indicators of the judge is not the statistics of cases handled, but the real remedy, therefore, this article, published in the journal, which corresponds with the world's largest search engines will provide discussion, application, and uniformity of court practice.
Forensic activities and police work
Silaeva N.A. - Criminalistic Description of the Personality of the Criminal Who Committed an Offence Against the Political System of the Russian Federation (Experience in Content-Analysis of Criminalistic Information) pp. 40-49

DOI:
10.7256/2409-7810.0.0.24051

Abstract: The subject of this research includes: 1) description and explanation of regular behavioral patterns used by criminals who committed an offence against the political system of the Russian Fedceration as well as reasons of such criminal behavior in order to develop scientifically grounded crime prevention recommendations; 2) analysis of suh important features of individuals who committed an offence against the political system of the Russian Federation as the age, gender, ethnic or national attribution of a criminal, etc.; 3) analysis of statistical data of extermism and terrorism supporters who have already been brought to court. The main research method used by the author is the law comparative method to analyze personality of a criminal who committed an offence against the political system of the Russian Federation, and general research methods such as analysis and synthesis. The scientific novelty of the research is caused by the fact that for the first tie in the academic literature the author provides a criminalistic description of the personality of a criminal who committed an offence against the political system of the Russian Federation. The main conclusions are the following: criminalistic analysis of personality traits of a criminal who committed an offence against the political system of the Russian Federation allows to describe such a criminal as a young man without a steady source of income or rich life experience, whose sense of patriotism is either dulled or absent. Such individual has superficial, unsteady or accidental political motives that are formed, as a rule, by a set of circumstances of socio-economic and political nature. 
Khamidullin R.S., Malykh A.A. - Work with Some Kinds of Traces and Items on the Crime Scene pp. 50-56

DOI:
10.25136/2409-7810.2017.4.24523

Abstract: The subject of the research is the traces of crime left on the scene of the event as well as the condition of modern criminalistic technical means used by Internal Affairs Expert Subdivisions. In addition, the object of the research also involves processes of traces being created as well as particularities of their detection, fixation and extraction. The authors pay special attention to working with biological traces including blood found on the crime scene. The authors describe safety measures to be followed when detecting, extracting and packing weapon or ammunition. In the course of their research the authors have used a set of general and private research methods including standard logical method, systems analysis, synthesis, analysis, deduction, induction and other research methods. According to the authors, one of the most important today's goals of forensics should be improvement of examination tactics and criminalistic technical means that are already being used as well as testing and implementation of new findings in this sphere. Examination is not only the most famous and necessary investigator's action but also complex procedure. 
Foreign police forces
Dudin P.N. - Law Enforcement System of Quasi-States of Northeast China During the Japanese Occupation: Organizational Bases and Legal Regulation pp. 57-69

DOI:
10.25136/2409-7810.2017.4.24422

Abstract: Hereafter, the authors attempt to determine the place of law enforcement agencies in the general system of authorities of quasi-states established in the territory of the northeastern provinces of the Republic of China in the 1930s-1940s. The state system of Manchukuo as the first among similar political formations and the experiment intended to become a visual demonstration of the correctness of the course chosen by the occupation authorities is the object of the study. The subject of the study is the law enforcement system of the kvazi-states of Northeast China on the example of Manchukuo as a "pattern state." The authors of the article give a general description of the state system, determine the authorities that carried out law enforcement activities, analyze their status, the order of formation, functions, and relationships with other state structures. The peculiarity of the law enforcement system was that the administrative division of the quasi-states of Northeast China was not homogeneous: provinces (aimaks, etc.), provinces and cities with special status were taken as independent units. In summary of the article, the authors come to conclusion about the effectiveness of the created system, which ensured the presence of occupation forces on the continent and the smooth functioning of the state apparatus.
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