Электронный журнал Полицейская и следственная деятельность - №1 за 2018 г - 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 № 01/2018
Contents of Issue № 01/2018
The police and protection of human rights
Kalyuzhny Y.N. - The Main Directions to Improve Training of Vehicle Drivers Who Conduct Passenger and Freight Transportation pp. 1-9

DOI:
10.25136/2409-7810.2018.1.25599

Abstract:  The subject of the research is the legal sources that describe training of vehicle drivers who conduct passenger and freight transportation as well as granting a driving permit to a driver. The object of the research is the legal relations, phenomena and processes arising in the course of training vehicle drivers. As a result of his analysis of research literature and legal acts, the author of the article describes the existing structure of vocational training of vehicle drivers in comparison to the draft Federal Law that sets forth qualitative changes in training of vehicle drivers. In his research article Kalyuzhny analyzes administrative and legal aspects of a fundamental improvement of vehicle drivers training. The methodological basis of the research includes general and special research methods (formal law, analytical method, systems approach, analysis, synthesis, modelling, comparison, etc.). The novelty of the research is caused by the fact that the author of the article analyzes the  main changes in the legal acts and regulations that are aimed at improving vocational training of vehicle drivers conducting passenger and freight transportation and gives recommendations regarding how to improve it. The main conclusion made by the author is his statement that the results of the analysis of the main road safety indicators over the last years show some regression as a result of passenger transportation accidents. As before, the human factor has the most effect on the number of accidents including the quality of training of drivers. Thus, the need to improve the training of vehicle drivers who conduct passenger and freight transportation is an important and topical issue which will surely have a positive effect on decreasing the number of road traffic accidents. 
Reforming and upgrading the police
Usanov D.O. - The Reform of the Police in Modern Sweden: Constitutional and Legal Aspect pp. 10-16

DOI:
10.25136/2409-7810.2018.1.25059

Abstract: The aim of this article is to analyze the experience of the foreign states in the process of reformation of internal affairs authorities in the constitutional laws of modern states. The subject of the research is the constitutional and legal reforms held in Sweden in 2010 - 2015. The author pays special attention to the efficiency of the government commission and parliament comission that created the most useful amendments to the applicable police legislation of Sweden. According to the author of the article, it would be useful to address to Sweden's experience in the reformation of internal affairs agencies in order to improve the constitutional and legal regulation of Russia's police activity. Having analyzed laws and regulations issued by Swedish riksdag and government, the author of the article discovers particular position of the legislator on transformation of the police system. The results of the esearch carried out has allowed to conclude that in Sweden the police reform was more of a constitutional nature because it was aimed at improving the principles of organisation and activity of the police as part of Sweden's public authority in the first place. The novelty of the research is caused by the fact that for the first time in the academic literature the author introduces new sources of Sweden's constitutional law and extends the list of researches and works on the constitutional law of the foreign states. The author comes to the conclusion that transformation of the law-enforcement system reinforces the democratic political regime and entrusts the police with the responsibility to defend the rights and freedoms of man and citizen. 
The police and criminal procedure
Abazaliev I.M. - Particular Features of Granting the Procedural Status of the Accused in the Criminal Trial pp. 17-21

DOI:
10.25136/2409-7810.2018.1.25582

Abstract: The subject of the research is an accused individual as a participant of a criminal trial from the side of the defense, and procedural status thereof. In his research Abazaliev analyzes the relationship between the criminal prosecution, suspicion and accusation. The author of the article notes that criminal prosecution does not have a form of its own even though implies such activity as suspicion and accusation. In addition, the author also reveals the essence and definition of accusation and describes the key features of the accused, the term that has not had a due legal recognition, and offers his own definition of the term. In his research Abazaliev has used general research methods (analysis and synthesis) and special research methods (comparative law, systems approach, etc.). The main result of the research is the author's definition of the accused as a participant of the criminal trial from the side of the defendant whose guilt has been proved by certain evidence and particular procedural judgements have been made, or who was put on trial as the accused, or against whom a bill of indictment has been drawn or accusing decision has been made. 
Operative investigation in police work
Mikhalina S.P. - Personality Traits of a Participant of an Ethnic Organized Group Committing Acquisitive and Violent Crimes pp. 22-26

DOI:
10.25136/2409-7810.2018.1.25877

Abstract: In her article Mikhalina underlines the fact that it is important to know personality traits of a participant of an ethnic organized group committing acquisitive and violent crimes to develop measures aimed at prevention of acquisitive and violent crimes committed by participants of ethnic organized groups. Within the framework of the research the author of the article examines typical personality traits of a participant of an ethnic organized group committing acquisitive and violent crime. In her research Mikhalina provides results of a survey of convicted individuals who committed acquisitive and violent crime as part of an ethnic organized group. She analyzes typical personality traits of a participant of an ethnic organized group committing acquisitive and violent crime. The research is based on such methods of research as the dialectical method, analysis, synthesis, and survey. The main conclusions of the research are the following: analysis of personality traits of ethnic organized group participants committing acquisitive and violent crime is very important for criminal science; analysis of typical personality traits of ethnic organized group participants committing acquisitive and violent crimes is not limited to represented data, it is only the tip of the iceberg in the analysis of personality traits of aforesaid individuals. 
The issues of interaction between police and other law enforcement authorities and institutions
Tahirov Z.I. - The Model for Assessing the Final Socially Significant Results of the Activity of Law Enforcement Bodies and Other Actors of the Law Enforcement System from the Position of the Network Approach (the Case Study of Organizing the Activity of Police in the Countries of the European Union) pp. 27-41

DOI:
10.25136/2409-7810.2018.1.2326

Abstract: In this article, within the framework of the model of network law enforcement activity, the author's systematic approach to assessing the effectiveness of the domestic law enforcement system is described: judicial, prosecutorial, human rights and law enforcement activities. The aim of the work is to establish organizational and legal contradictions between the actual model for assessing the activities of law enforcement bodies on the basis of quantitative indicators and demonstrated qualitative socially significant results of such activities. The objectives of the work are to determine the contribution of law enforcement agencies and other law enforcement agencies to assessing the effectiveness of all law enforcement activities on the basis of their inherent place and role in the structure of such activities; to describe typical features of the modern model of law enforcement assessment; to search for ways to optimize the effectiveness of law enforcement; to model the author's system of evaluating the final socially significant results of the activity of law enforcement bodies and other subjects of the law enforcement system from the perspective of the hypothesis about the network character of modern social relations. The article is based on the analysis of the legal provisions, theory of social management, cybernetics, and information analysis. In his research Tagirov has applied general and special legal research methods that ensure the principles of historicism, integrity of regulatory and procedural institutional analysis of final socially significant results of law enforcement activity. The author has also applied the methods of abstraction, dialectical materialism, economic determinism, legal interpretation, analysis and synthesis, structural logical method, cause-and-effect relationships, and modelling; the principles of development the research subject and its logical and structural certainty, dialectical connection between historical and logical research styles, consistency and systematicity of the research; general scientific approaches to the subject under research including operational approach, personality - activity approach, collective activity approach, axiological, historial, conflictological approaches, the norm and anomaly approach, communicative and other research methods and concepts used in modern social studies and humanities. The novelty of the research is caused by the fact that the author of the article makes a hypothesis about about the network structure of the society. The rationale of the research is determined by the orientation at building a digital economic system offered by the President of Russia, in particular, that as an essential element of keeping up with other major countries in the global world. For this purpose, the author of the article offers his own model of network law enforcement activity that does not contradict to the digital economy model but serves as an essential part and law enforcement sphere of the state management typical for social relations of the future. As a result of his research, the author of the article concludes that law enforcement activity of a state as a social and economic model has the nature of the compromise between targets of the social system, law enforcement mechanisms, and associated expenses. As any other cybernetic system, efficiency of law enforcement activity can be regulated by the methods of optimality modelling; elements of the cybernetic law enforcment system and their efficiency are interrelated and interdependent, thus, it is impossible to assess efficiency of a law enforcement actor disregarding mutually coordinated activity assessment; and shift to mutually coordinated law enforcement activity through establishment of interdepartmental and interlayer (network) cooperation is a natural and inevitable consequence of the social environment development. The article presents the results of the research fully and precisely giving preference to new research results and long-term data. Some critical remarks made by the author contradict to currently used methods of assessement of law enforcement activity and thus play an important practical role for integral, full and independent research of true efficiency of the law enforcement system. 
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