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MAIN PAGE > Journal "Police and Investigative Activity" > Rubric "The police and protection of human rights"
The police and protection of human rights
Admiralova I.A., Grishin Yu.N. - Preparation and Implementation of the 'Detention of Criminal' Strategy in Investigations of Human Trafficking pp. 1-11
Abstract: The article is devoted to very important issues, investigation of human traficking and relation of such organizations with groups of terrorists. The authors of the article compare different definitions of the term 'strategy' and find the most preferred variant. The authors describe typical investigative situations that may arise during detection of criminal and release of victim as well as terms and conditions to follow in order to conduct a successful detention of suspect in human trafficking. The strategy of 'detention of criminal' is described stage by stage. The authors also pay their attention at the stage of preparation for detention when information about suspect and place of detention is reviewed. The authors analyze statistics concerning places of detention and describe the process of detention of criminal and release of victim. The authors describe methods of detention at apartment buildings, places of employment of participants in human trafficking and places of receiving the ransom. The authors analyze a case when the location of victim is not known and offer plans of actions for police officials and investigators participating in implementation of such strategies. 
Gaikin V.A. - Slaughters of Korean People in Japan in 1923 and the Role of Police pp. 1-21

DOI:
10.7256/2306-4218.2013.2.782

Abstract: In 1910 Korea became part of the Japanese Empire. By 1925, 103 thousand of Korean workers who migrated to Japan consisted of builders (54.5 %), factory workers (28%), miners (8.3 %), servants and housekeepers (6.7 %) and dockers (1.8%). Specific mentality of Japanese people and how they perceived the world had a cetain impact on their attitude to immigrants. As the research of the Japanese Ministry of Foreign Affairs held in 1925 showed, Japanese viewed Koreans as the 'lower race'.This article is the first one in Russian historiography to describe and analyze the reasons of the Korean massacres in Japan in September of 1923. According to the author, the reasons were: 1) Japanese government tried to transfer the citizens' discontent on Korean Diaspora; 2) even though anti-Korean attitudes seemed spontaneous, the author believes it to be the results of induced will of the Japanese government. The professor of the University of Tokyo Uesugi Sinkiti critisized the government's actions towards Korean Diaspora. He clamed that police actually circulated rumors against Korean people and arrested and killed many innocent people.
Kurakin A.V. - Social policy and Russian police. pp. 1-23

DOI:
10.7256/2306-4218.2013.3.8914

Abstract: The article concerns legal and organizational problems of implementation of social policy within the Ministry of Internal Affairs of the Russian Federation. The author analyzes the legislation on social guarantees for the police personnel and formulates proposals for the improvement of the social policy. In order to form modern police forces, to make law-enforcement service in the internal affairs bodies more prestigious, there is need to form a legal mechanism for the social protection of internal affairs bodies personnel.  The priority goal is to improve the level of legal and social protection of the police staff, as an element of social and legal protection of a person in the Russian Federation.  The police salaries are important for making police work prestigious, and for the support of rule of law and discipline of the personnel.  Special status of police officers presupposes the state insurance of his life and health. Every police officer has a right for protection of health and medical aid.  The officers are also provided with the traffic documents for any type of public transportation.
Grudtsyna L.Yu. - Legal aspects of civil society development pp. 1-14

DOI:
10.7256/2409-7810.2014.2.13851

Abstract: It is noted in the article that, on the one hand, many public norms and public law functions in general are mostly aimed at private interests protection. On the other hand, any legal norm, stating the private-law bases of any social relations, is per se the public one at least because it is, firstly, authorized by the state and becomes a part of the national legislation, secondly, it can't contradict and threaten the very state system and the nature of public management. The methodological base of the article contains the up-to-date achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, system approach, analysis, synthesis, analogy, deduction, observation, modeling), traditional juridical methods (formal logical method), and methods, used in specific sociological research (statistical method, expert evaluation, etc). Existence and development of civil society is impossible beyond a complex system of social relations and without participation (direct of inderict) of the state, particularly by means of issuing and implementation of norms of private and public law. Civil society is also influenced by the political system of the state, the quality of which affects the models of social development. 
Akopdzhanova M.O. - Peculiarities of the legislation on compulsory civil liability insurance of vehicle owners application pp. 1-9

DOI:
10.7256/2409-7810.2015.2.14746

Abstract: The article describes the peculiarities of the existing legal regulation and enforcement practice in the legislation on compulsory civil liability insurance of vehicles owners application in the Russian Federation. The study focuses on the issues of judicial practice, the peculiarities of consideration of cases by the courts of the relevant category, gives the statutory parameters of the jurisdiction differentiation in appropriate cases and the ways of insurance compensation which are legally established and can be granted to the aggrieved party; the author reveals the role and importance of liability insurance. The methodology of the research is based on a set of general scientific and special methods of objective socio-legal reality cognition in the studied field: the methods of analysis, synthesis, generalization and systematization, the formal logical method. The article examines and analyzes the key aspects of regulations of the current legislation on compulsory liability insurance of vehicles owners. The conclusions of this paper can be used by law enforcement bodies for investigation of the cases of the relevant category, judges, students, graduate students, and all those interested in jurisprudence.
Bukalerova L.A., Atabekova A.A., Simonova M.A. - On the necessity of criminal liability of legal persons for sexual abuse of children pp. 1-8

DOI:
10.7256/2409-7810.2015.3.15986

Abstract: As in many countries in the world, one of the problems of childhood in Russia is a prevalence of problem families, cruel treatment of children and all forms of abuse of children. The article presents a range of recommendations for the Russian legislator about implementation of the provisions of the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, “the Lanzarote Convention” of 25.10.2007, ratified by Russia in the Federal Law of 07.05.2013 № 76-FZ. The methodology of the research is a set of general scientific and special methods of cognition. The methodology is based on the dialectical method with its requirements of objectivity, comprehensiveness, historicity, and distinctiveness of the truth. Among general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As the special method the comparative legal method is used. According to the article 26 of the Convention, a legal person can be held liable for an offence established in accordance with this Convention, committed for its benefit. Among these offences are child pornography, sexual exploitation and sexual abuse. The bill of the Federal Law “On Amendments to Particular Legislative Acts of the Russian Federation after the introduction of criminal liability of legal persons” has been discussed in Russia for several years. Thereupon the authors suppose that it is necessary to pay special attention to sexual offences against children committed by legal persons. 
Anokhin S.A. - The Role of Internal Affairs Agencies in Ensuring Environmental Security pp. 1-5

DOI:
10.7256/2409-7810.2016.2.17268

Abstract: Environmental safety carried out by the internal affairs bodies by means of various honeys and aimed both at ensuring the protection of public order and safety and the protection of nature (forest fauna), detection and suppression of violations of shooting rules. Monitoring compliance with the rules of production, storage, transportation and use of substances tear and irritating for equipment of special means of defence not only provides security but also the environment (atmosphere). 
Doroshenko O.M. - Insights into Activities Undertaken by the Internal Affairs to Protect Public Health From Effects of Tobacco Smoke and Tobacco Use pp. 1-3

DOI:
10.7256/2409-7810.2016.1.17718

Abstract: The subject of the research is the practical application of the provisions of the Federal Law No. 15-FZ dated February 23, 2013 'On Protection of Public Health from Exposure to Environmental Tobacco Smoke and Consequences of Tobacco Use' by police officers. The object of the research is the provisions of federal laws, laws of the Russian Federation constituents and relevant provisions of the federal regulations regulating the implementation of administrative measures by police officers in order to prevent and/or impose administrative sanctions for violating the requirements of the Law No. 15-FZ. The researcher has used such research methods as the dialectical research method, logical and sociological methods. The researcher has also applied a set of theoretical (analysis, synthesis, induction, deduction) and empirical (observation, description and comparison) methods. The main conclusions of the research are the guidelines that will guarantee the legality of law-enforcing activities performed by police officers of the regional offices of the Ministry of Internal Affairs of Russia, in particular, their observation of the human and civil rights and freedoms when implementing administrative measures in order to prevent violations and impose administrative sanctions for committing administrative offences in a public place. 
Doroshenko O.M. - Exercise of Powers Granted to Police to Detect and Prevent Juvenile Crime pp. 6-12

DOI:
10.7256/2409-7810.2016.2.18538

Abstract: The artice is devoted to the activities of law-enforcement bodies, and the main divisions of police for identification and suppression of the offenses made by minors. Illegal acts of teenagers which became widespread now are considered. Circumstances about a tendency of growth and ways of activities of police for suppression of these acts are considered. The measures of administrative suppression realized by police officers in counteraction to offenses of minors are an independent kind of measures of administrative coercion and possess all signs of the last. The measures of administrative suppression realized by police officers in counteraction to offenses of minors are an independent kind of measures of administrative coercion and possess all signs of the last. The main conclusions in system of the administrative coercion applied by police officers to minors, measures of administrative suppression hold a specific place that is explained by duality of their target orientation: a) to stop the made illegal behavior, having protected the public relations protected by the law; b) not to allow illegal behavior to develop into penal act, having provided a possibility of realization of an arsenal educational and prophylactics for formation from the potential violator of socially useful personality.
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. 
Sitnikova A.A. - The Problems Related to Execution of a Punishment and Rehabilitation of Women pp. 9-14

DOI:
10.7256/2409-7810.2016.4.18897

Abstract: The importance of the given article is caused by the fact that it defends the rights and freedoms of convicted women (isolated from society) including the right to resocialization. Execution of a punishment and rehabilitation of convicted women is a complex problem due to the great number of imprisoned women and the need to improve the penitentiary system of punishments endured by women. The majority of convicted women have small children so their return to society and resocialization are very important for the future generation. The methodological basis of the research involves a set of general and specific research methods including systems-structural approach, synthesis and analysis, technical, logical, comparative legal, statistical and others. The author offers to establish support, assistance and control over behavior of convicted women at the legislative level as well as additional stimuli for women whose judgement has been suspended due to women having small kids. The author also offers to specify measures aimed at accomplishing the constitutional rights and freedoms of convicted women who endure their punishment by being isolated from society. 
Belyaeva E.R. - Motives and Purposes of the Falsification of Operational- Investigative Activities as Elements of the Forensic Characteristic of the Crime pp. 13-21

DOI:
10.7256/2409-7810.2016.2.18636

Abstract: In the present article the author in detail considers such elements of the criminalistic characteristic as motive and the purpose of commission of falsification of results of investigation and search operations. The motive and the purpose of commission of this crime differentiates concepts. Besides such motives of commission of falsification of results of investigation and search operations as self-interest, revenge in detail are considered by the author, interests of service and other personal interest in a false manner understood, are specified by the purposes of commission of this type of a crime: criminal prosecution of the person, obviously not privy to commission of crime; honor infliction of harm, to the advantage and business reputation; satisfaction of departmental, corporate interests and satisfaction of personal interests. Complex application general scientific and chastnonauchnykh of methods of knowledge. Osnovanno on the conceptual provisions which are contained in works of scientists - jurists, criminalists, psychologists, philosophers, experts in theories of information, recognition, the organization of work, optimum control. Novelty of research is that the author has for the first time in detail studied elements of the criminalistic characteristic. Motives of commission of falsification of results of investigation and search operations, and also the purpose of commission of this type of a crime are investigated. On the basis of the presented materials can be offered corresponding organizationally - the tactical recommendations connected with identification, disclosure and investigation of this type of crimes at an initial stage of investigation.
Sidorova N.V., Khabarova E.A. - Concerning Applying Criminal Procedure Compulsion Measures to Suspects and Accused of Extremism pp. 15-23

DOI:
10.7256/2409-7810.2016.4.20757

Abstract: The purpose of the present article is to analyze particular issues arising in the process of applying criminal procedure compusion measures (in particular, taking in custody or pre-trial restrictions) in criminal proceedings on extremism. Based on the Russian criminal procedure legislation and judicial practice of the Supreme Court of the Russian Federation as well as Russian courts of general jurisdiction, the authors of the article analyze particular relations arising in the process of applying the measures of procedural compulsion. These relations are usually legally restricted in the most severe way. The methodological basis of our research involves general and specific research methods that are usually used in social studies and law and based on the dialectical understanding of the reality. All measures set forth by Russian criminal law can be applied to criminal proceedings on extremism. When selecting a punitive measure in each particular proceeding on extremism, it is necessary to take into account general and specific conditions in which these measures will be used. Moreover, it is important to take into account the preventive influence of these measures on individuals who committed extremist actions and individuals who are only going to commit extremist actions.  
Dzidzariya B.Yu. - Illegal Detention and Compensation for Physical or Moral Harm pp. 20-26

DOI:
10.7256/2409-7810.2017.1.19515

Abstract: In this research Dzidzaria conducts a comparative analysis of criminal procedure codes applicable in a number of European Countries and the European Convention of Human Rights with reference to compensation of physical or moral harm and rehabilitation. Based on the legislation of various countries, each citizen has the right to claim compensation for physical or moral harm incurred during application of procedural compulsion measures in case his or her innocence is proved. In case a citizen has been acquitted, he or she also has the right to rehabilitation and compensation of physical or moral harm. The researcher explains the reasons of why a number of criminal procedure codes do not conform to the European Convention on Human Rights articles regarding rehabilitation and offers ways to improve the aforesaid clauses of the criminal procedure codes. The methodological basis of the research involves the comparative legal method with its typical requirements for objectivity, comprehensiveness, historicism, and truth specificity. As a conclusion, the author emphasizes the need to establish and legally fix guarantees of the human rights as the basis of a constitutional state when the accused has the right to protect his rights in case his innocence is proved. 
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