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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 04/2020
Contents of Issue № 04/2020
Question at hand
Manin I. - Legal status of court assessors pp. 1-19

DOI:
10.25136/2409-7810.2020.4.34860

Abstract: The research subject is the legal status of jurors and commercial court assessors; the research object is social relations emerging during the implementation of substantive and procedural rules defining the status of the above mentioned categories of assessors according to the Russian national legislation as judges ad hoc. The author analyzes the legislation regulating the jurors and commercial court assessors focusing on its interpretations - judicial and doctrinal. The research contains the discussions with Russian scholars on the research topic, generalizes their views, describes contradictions and demonstrates the differences in their opinions. The author uses the statistical and other methods and arrives at particular conclusions. The author places the conclusions and suggestions both in the very text and in the executive summary of the article. The main is the conclusion about the equality of legal statuses of federal judges, jurors and commercial court assessors, and the equality of the statuses of federal judges emeritus and court assessors with the expired tenure. The novelty of the research consists in particular suggestions about the improvement of the legislation and detailed (compared with other works) elaboration of the status of court assessors. The author’s contribution consists in the elaboration of the problem which is of theoretical and practical importance, and is particularly urgent in the context of the judicial reform and law enforcement activities affecting protected persons.
The police and protection of human rights
Dorosinskaia A., Bliznyuk I. - The peculiarities of questioning of minors: problems and solutions pp. 20-30

DOI:
10.25136/2409-7810.2020.4.34975

Abstract: The research subject is the questioning of juvenile participants of criminal proceedings; the research object is the peculiarities of this investigative procedure. The research is of a theoretical nature; the authors analyze and study the particular aspects of the questioning of minors. The research is based on the formal-legal, comparative-legal and the systems methods. The authors study in details such aspects of the issue as juvenile crime statistics for 2008 - 2020 and the factors promoting its growth. Special attention is given to the preparation for the questioning and the very procedure of questioning of a juvenile person. The article contains preliminary and final conclusions. The authors consider the participants to the procedure of questioning of minors whose presense at the procedure is required, and the temporal limits for such an interrogation established by law. The urgency of studying the specificity of the status of a children's counsel is determined by the need for its statutorization, and contains in itself the novelty of the research. The formalization of the modernization of the conditions of the questionning of minors, and the issues of acceptability of its repetitive conduction are of a practical importance for law-enforcement activities. For the purpose of a comparative analysis, the authors consider the procedural peculiarities of the questioning of minors contained in the criminal procedure laws of China and Japan. 
Vasnetsova A.S., Merkur'ev V.V. - Combating corruption-related crimes in the context of counterterrorism efforts pp. 31-39

DOI:
10.25136/2409-7810.2020.4.33967

Abstract: The authors study in details such aspects of the problem as the processes of criminal concrement of organized crime, corruption and terrorism, in which organized crime plays the role of initiating (defining) factor of emergence of corruption interconnections of government institutions and terrorist groups. It means that terrorist activity, possessing a range of common features typical for, among other things, organized crime, is impossible without corruption-related contacts in government institutions and self-government bodies. Therefore, long-term functioning of terrorist groups means the presence of a corruption element. The authors study the common patterns of using corruption-related practices by terrorists and substantiate the list of corruption-determined terrorist threats.The authors formulate the suggestions about the extension of the list of risks connected with the corruption-based financing of terrorism. Corruption in government institutions, local self-government bodies and security agencies is a fueler for the development of terrorism, acting, on the one hand, as a reason for its emergence, and on the other hand, as an indispensable condition of its existence. The recognition of corruption as an independent risk factor of the creation of favorable conditions for the financing of terrorism will help to improve counterterrorism efforts. The authors note that the terrorist threat increases with the level of corruption. Thus, the fight against corruption should remain one of the key directions of national policy, and the effectiveness of these counterterrorism efforts will affect the reduction of terrorist threat level for the state.  
The police and the institutions of civil society
Matushkin P.A. - The prevention of assault and torture in the system of domestic violence prevention in Russia: the review of regional tendencies of legal regulation
pp. 40-52

DOI:
10.25136/2409-7810.2020.4.32620

Abstract: The research object is social relations emerging in the process of the prevention of assault and torture as manifestations of donmestic violence. The research subject is the crime prevention legislation, administrative responsibility laws, federal and regional program-targeted documents regulating the sphere of domestic violence, and theoretical insights into this topic. The purpose of the research is to analyze regional tendencies of legal regulation of the prevention of assault and torture, as a part of the system of domestic violence prevention in Russia. To achieve this goal and research tasks, the author uses general scientific (analysis, synthesis, deduction, induction) and specific research methods, with the formal-legal method as a basic one, which is connected with the analysis of legal regulations in their system unity. The scientific novelty of the research is proved by the fact that regional peculiarities of legal regulation of the prevention of assault and torture as a part of the system of domestic violence prevention haven’t been studied sufficiently enough. Assault and torture are the factors signalling about the aggravation of home conflicts and leading to the further escalation. In Russia, municipalities create  a system of measures which includes some or all of the following elements: 1) the formation of public awareness about the domestic violence problem; 2) information and methodology support for the activities of law-enforcement agencies and social services responsible for the prevention of domestic violence; 3) the provision of interaction between medical institutions and law-enforcement bodies and social services; 4) the introduction of punishment for home rowdyism and the provocation of home conflicts.  
Financial and economical functions of Russian Ministry of Internal Affairs authorities and institutions
Kurakin A.V., Karpukhin D.V. - The initial reasons for the revocation of a banking license of a credit institution in the context of constitutional legal proceedings pp. 53-68

DOI:
10.25136/2409-7810.2020.4.34603

Abstract: Measures of administrative coercion have become widely used in the financial segment of economic relations. The revocation of a banking license of a credit institution is one of the most popular ones. The legal mechanism of this measure of administrative coercion has been in force for three years, but its analysis in the context of application to particular credit institutions reveals a range of fundamental problems connected with the clarification of the character, the role and the place of this measure within the system of administrative coercion. The authors analyze the problem of revocation of a banking license of a credit institution as it is described in the decisions of the Constitutional Court to find the key to the understanding the solution to these problems. The academic novelty of the research consists in the analysis of legal problems of using the measures of administration coercion in the banking system. The authors pay attention to the various functions of measures of administrative coercion in the banking system, and focus on such aspect as the revocation of a banking license of a credit institution. This measure is a form of administrative coercion combining the elements of prevention, constraint, and punishment of a credit institution. The authors note that the revocation of a banking license is one of the most serious measures of administrative coercion, and it is important to observe the constitutional principles of using it. 
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