Police and Investigative Activity - rubric Administrative activity of the police
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MAIN PAGE > Journal "Police and Investigative Activity" > Rubric "Administrative activity of the police"
Administrative activity of the police
Kurakin A.V., Kostennikov M.V. - Administrative process and its implementation in police activities. pp. 1-44

DOI:
10.7256/2306-4218.2013.4.9250

Abstract: In this article based upon the scientific experience the author views the construction of administrative process. It is noted in the article that currently the administrative process is more than just a combination of administrative procedures, its contents should include administrative procedures and regulations.  Administrative process is an integral part of legal process and they relate to each other as a part and a whole.  Administrative procedural norms may be established both at the federal and the regional levels. The modern administrative process includes administrative jurisdiction process, positive administrative process, including various positiv procedures (proceedings) and regulations.  Administrative procedures are actively introduced both into the economic and law-enforcement activities  It is noted that administrative regulation as a complex normative document may establish the procedure for interaction among the structural divisions of federal executive bodies and state non-budgetary foundations or their officials.  The authors also provide a classification of administrative regulations.
Sidorov E.I. - Problems of proving in cases of administrative offences in the sphere of customs pp. 1-23

DOI:
10.7256/2409-7810.2015.1.14073

Abstract: The article is devoted to the urgent issues of the subject of proving and the use of evidence in cases of administrative offences in the sphere of customs in terms of creation and functioning of the Customs Union. The author reveals the legal framework of implementation of evidence in administrative and jurisdictional proceedings of Customs authorities, as well as the procedural order of their establishing; on this basis the author defines the ways to improve their application. The author concludes that crime prevention is largely predetermined by a clear understanding of its subject. The methodology of the research is based on the modern achievements of epistemology. The study uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, the methods used in empirical sociological research The article concludes that the successful solution of the problems of the proceedings on administrative offences in the sphere of customs depends on several factors, such as the timely, complete and objective clarification of the circumstances of each case, its resolution in accordance with law, enforcement of the judgment, as well as identification of the causes and the conditions leading to administrative offences.
Soloshenko L.A. - The system of administrative and legal means of ensuring legality in the implementation of licensing activities of federal executive authorities pp. 1-8

DOI:
10.25136/2409-7810.2022.1.36662

Abstract: The object of the study is the social relations arising in the process of carrying out the licensing activities of federal executive authorities. The subject of the study will be the current legislation regulating permissive activities, as well as individual "permissive regimes" established and supported by authorized federal executive authorities, other regulatory legal acts of the Russian Federation, scientific and other analytical studies (monographs) on the implementation of permissive activities, publications in scientific publications on permissive activities. This article presents an overview of administrative and legal means of ensuring legality in the implementation of licensing activities of federal executive authorities.    The scientific novelty of the dissertation research will consist in the formation of new theoretical and legal approaches to the implementation of licensing activities of federal executive authorities and the preparation of practical ways to solve the problems facing the functioning of the licensing system in the Russian Federation. In addition, proposals will be formulated to improve the efficiency of the implementation of licensing activities, proposals will be developed to ensure the legality of the licensing system. The article provides an overview of the mechanisms for ensuring the rule of law in the implementation of the relevant powers of the above-mentioned FOIV, their essential industry features are given, as well as key shortcomings in their current work are indicated.
Kurakin A.V. - On the Principles of Administrative Law and Administrative Activity pp. 8-21

DOI:
10.25136/2409-7810.2022.3.38808

EDN: REQHLS

Abstract: The subject of the study is the principles of administrative law and administrative activity. This issue in the science of administrative law has not been developed in such detail, nevertheless, the principles of an administrative nature have been studied in an applied aspect, however, a theoretical justification of the relevant principles is necessary for the development of legal doctrine. The article draws attention to a number of important principles of administrative law, the content of some of them is disclosed in detail. The author drew attention to the fact that the characteristics of the principles of administrative law will not be complete if they are considered in isolation from the principles of administrative activity, based on this, these principles are also considered. The main conclusions of this article are that the author presented a system of principles of administrative law and administrative activity. He characterized the relevant principles taking into account the constitutional and social realities, showed the importance of the principles of administrative activity for public administration. Special attention was paid to the principle of social justice, because without taking into account this principle, it is difficult to increase the effectiveness of administrative and legal regulation both in the protective and positive aspects of the crane. Attention is also drawn to a number of other principles of a constitutional nature that underlie the construction of administrative legislation, in particular, the principle of federalism is such a principle.
Voenkova N. - Licensing Supervision as the Means of Securing Law and Order: Current State and Trends pp. 10-30

DOI:
10.7256/2409-7810.2016.1.18504

Abstract: The subject of the research is the legal relations in the sphere of licensing, application of administrative regulations, effects of administrative acts and law-making activity of state administrative bodies. The main purpose of the research is to examine the subject, define the problems that may arise in the process of licensing control and develop recommendations on hwo to improve the legal regulation in the sphere of licensing. The importance of the topic is caused by the questions about legal regulation of state control and supervision. Many experts and scientists note that the existing model of the legal regulation of control and supervisory activity needs to be improved. In recent years a series of steps have been made towards changing the existing legal approaches as a result of instructions given by the President of the Russian Federation. Meanwhile, legal regulation of licensing supervision as oen of the forms of state control needs to be changed as well. The present research is devoted to the basic laws and regulations currently applicable in the sphere of licensing. According to the author of the article, after passing the federal law 'On the Basis of State and Municipal Control and Supervision in the Russian Federation', certain corresponding amendments should be made to the Federal Law No. 99 dated May 4, 2011 'On Licensing Certain Activities'. In this regard, the author of the present article offers to prepare recommendations and suggestions aimed at increasing efficiency of managerial decisions in the sphere of licensing control. The methodological basis of the research involves modern achievements of the theory of knowledge. In her research Voenkova uses research methods usually applied in general science and special sciences. General scientific methods (systems approach, analysis, synthesis, analogy, observation, modeling, comparison) allow to define the main trends and patterns of the development of the matter under research. Special scientific methods (legalistic, comparative, structural analysis) allow to define, describe and reproduce the studied phenomena and to compare them in terms of their differences and similarities. The scientific novelty of the research is caused by the fact that the author proves the need to extend the general provisions of the Federal Law No. 99 dated May 4, 2011 'On Licensing Certain Activities' to the relations listed in part 2 of Article 1 of the aforesaid Federal Law. The importance of the research is that the results can be used for practical purpose including making relevant amendments to the Russian Federation laws regulating legal relations in the sphere of licensing. 
Kurakin A.V. - Once again about the Method of Administrative Law pp. 10-19

DOI:
10.25136/2409-7810.2023.1.39574

EDN: LGDTDH

Abstract: The article is devoted to the classical problem of administrative law, namely the method of administrative law. The method of legal influence is studied in a variety of aspects. As a rule, attention is paid to the method of legal regulation in the context of the study of the subject of the relevant branch of law. The method gives an answer to the question of how the norms of the relevant branch of law affect public relations, imperative or dispositive. The subject of administrative and legal influence combines elements of dispositivity with imperative (compulsory) influence. Administrative law, having such a combination of various means of regulation, differs from other branches of law in its flexible and meaningful legal impact.   The author draws attention to the construction of the method of administrative and legal influence, considers various points of view regarding such a phenomenon as the "legal method". In the course of the study, the author drew attention to such a point of view as "a single method of legal regulation". In a single method of legal regulation, one can see a combination of prohibition, permission and prescription. In each branch of law, one can find prescriptions of a stimulating nature, provisions of an imperative order. It is impossible to achieve a harmonious legal impact without these means. During the study, the author drew attention to the method of resolution, which plays an important role in the system of administrative and legal regulation.
Eliseev A.V., Sal'nikov M.M. - Management of a Complex Automated Information Analysis System (CAIAS) 'Safe City' in Activities Performed by Internal Affairs Agencies pp. 12-36
Abstract: The article is devoted to the legal and organizational issues of ensuring safety and security in cities and other populated places. The authors of the article describe organizational mechanisms of functioning of the system 'Safe City' and formulate suggestions on how to improve the management of security enforcement. In the Russian Federation the main purpose of prevention of law violations is to create a national system of crime prevention. This system contributes to struggle against crime. The 'Safe City' system has proved to  be efficient. It has actually allowed to reduce the rate of crime and increase the rate of crime discovery. The authors of the article describe the purposes and goals of the Safe City system as well as its stucture and modules. Creation of a unified system of social security has made a positive effect on performance of internal agencies by reducing the time of response to law violation. Common space of information all over Russi, analytical structures and clear instructions allow to establish an efficient system of state security. 
Kurakin A.V. - Issues of the Administrative Law System pp. 13-36

DOI:
10.25136/2409-7810.2022.4.38924

EDN: RLCKHM

Abstract: The author examines the administrative law, reveals the system of it, the analysis of which allows us to see its features and the scale of the relations regulated by it. The article focuses on such elements of the administrative law system as: management law; police law; administrative justice law. These legal institutions, on the one hand, have their own subject of regulation, which is characterized by public legal content, on the other hand, they complement each other forming such a phenomenon as modern "administrative law". The author notes that the analysis of the correct definition of the definition of the subject of administrative law will increase the effectiveness of its study. The main conclusion that is made in this article is that the management concept dominates in the educational literature on administrative law, regarding the subject of this industry. Within the system of administrative law, the norms of management law and the norms of police law are harmoniously combined, this is clearly seen in the example of the implementation of administrative and police coercion, administrative and police supervision. The police component within administrative law is sometimes called negative law, but one should not radically look at the phenomenon of police law, that is, identify it with the police state. Police law may well be an effective attribute of a democratic, legal and social state. This position is proved by the experience of state-building in a number of countries. Thus, administrative law is designed to improve the efficiency of the state in a variety of aspects, to create adequate forms and methods of administrative and police work, both in ordinary and in crisis situations.
Kostennikov M.V., Maksimov S.N. - Methods of Providing Economic Security in the Administrative Law pp. 16-23

DOI:
10.7256/2409-7810.2016.3.18775

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of the modern economy. The author conducted a theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of public and private sector. Discusses the author's position on the concept of state regulation of economy. The main attention is paid to developing methods and methodology of administrative-legal influence on economic relations. In addition, the article presents a theoretical and legal analysis of concepts of concepts of development of law and Economics in modern conditions. Discusses the author's position concerning the interpretation and legal regulation of these categories. The methodological basis of the article recent advances in theory of knowledge. In the study applied the General philosophical, theoretical, philosophical methods (dialectics, system, method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logic), as well as the methods used in the concrete sociological research (statistical, expert evaluation, etc.). The main conclusion drawn from the results of the study is that at the present time to ensure law and order in the housekeeper needs to improve forms and methods of administrative-legal influence on state and non-state sector of the Russian economy. The main contribution made by the authors in this article is the need for the development of administrative-legal regulation of the economy. The novelty of the article is to develop proposals for the development of forms and methods of state regulation of economy, and the creation of legal and institutional guarantees for the rule of law in the economy of our country.
Izinger A.V. - Particular law-enforcement aspects of establishing an objective side of an administrative offence specified in part 1, article 20.20 of the Administrative Offences Code of the Russian Federation
pp. 17-23

DOI:
10.25136/2409-7810.2019.4.31782

Abstract: The research subject is the legal provisions, scientific sources and law-enforcement practice characterizing an objective side of an administrative offence specified in part 1, article 20.20 of the Administrative Offences Code of Russia. Based on the analysis of statutory instruments, scientific literature and law-enforcement practice, the author outlines particular problems of defining the content of an objective side of alcoholic beverages consumption in places prohibited by federal law. The author substantiates the dependence of an objective side of an offence on its object and defines particular elements forming an objective side of alcoholic beverages consumption in prohibited places. The research methodology is based on the set of general scientific and specific research methods (formal-legal, analytical, systems method, analysis, synthesis, modeling, etc.). Based on the research, the author emphasizes that the key element in defining an objective side of an offence, specified in part 1, article 20.20 of the Administrative Offences Code of Russia, is the interpretation of this act as wrongful by society and citizens. The author emphasizes several aspects that are to be proved while defining the presence of all elements of an objective side. The scientific novelty of the research consists in the comprehensive analysis of theoretical, legal and practical aspects of establishing an objective side of alcoholic beverages consumption in places prohibited by federal law, and the formulation of a mechanism of its proving and formulating particular directions of the improvement of both the organizational and legal components of this process.   
Prokof'ev K.G. - Administrative responsibility for the order of meetings, rallies, demonstrations, processions, and picketing organization and holding violation pp. 21-30

DOI:
10.7256/2409-7810.2014.3.13897

Abstract: The principles and institutions of democracy are developing in a complicated and a contradictory environment. Therefore the state should apply every effort in order to provide law and order, and to protect the citizens during social and political events. In the conditions of political instability the number of separatist and extremist tendencies has been increasing in the Russian society. In this relation it is important more than ever to create the additional legal and organizational mechanisms of the imperfections of the Russian political system development minimization. The right to organization, holding and participation in meetings, rallies, demonstrations, processions, and picketing is a democratic and constitutional value. It allows the citizens and the associations to participate in the political life of the state, to inform the authorities about their demands, and to champion their interests in a wide range of social problems. The methodology of the research consists of the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal logical), and the methods which are used in the special sociological research (the statistical method, expert evaluations, etc.). 
Tregubova E.V. - The institution of incentives and constraints in administrative law and its implementation in the police sector pp. 24-55

DOI:
10.7256/2409-7810.2015.1.14103

Abstract: The subject of the article covers theoretical and practical problems in the sphere of implementation of legal prohibitions. The object of the article includes public relations connected with the prevention and suppression of crimes by means of prohibitions and restrictions. On this basis the author generalizes a number of opinions about legal prohibitions and legal incentives which are involved in the mechanism of legal regulation of social relations in the sphere of administrative and legal reality. This makes it possible to note that in various branches of law prohibitions perform various social functions.The methodology of the research is based on the modern achievements of epistemology. The study uses the theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, and the sociological methods.The article concludes that the common point of all kinds of legal prohibitions is that they constrain the illegal or anti-social behavior. The protective function of administrative and legal prohibitions is conditioned by the social need to protect the interests of individuals, the society and the state from unwanted deeds. Thus, the author concludes that the role of administrative and legal prohibitions in the provision of law and order is of a crucial importance .
Kurakin A.V. - Once again about Administrative Legal Relations pp. 37-46

DOI:
10.25136/2409-7810.2022.4.39502

EDN: OVGAZU

Abstract: The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.
Trofimov O.E. - Legal regulation of searching as a security measure on transportation and transportation infrastructure objects. pp. 45-55

DOI:
10.7256/2306-4218.2013.3.8952

Abstract: The article concerns legal and organizational fundamentals for the transportation and aviation security, the author analyzes specific features of this type of security, discussing specificities of aviation and railway security as well.  In the conditions of profound economic reforms and changes in the geopolitical position of Russia there is need for a balanced state transportation policy, which would pay due attention to the specific features of transportation and its role in economic and social processes. At the same time due to the inertià of transportation system, which is due to the large amount of capitals needed, long periods of construction and reconstruction of large transportation objects, or formation of the new types of vehicles, the goals in the sphere of transportation should be taken care of not only for a short-term perspective, but also for a longer periods.  Searching is performed by competent officials. The article describes rights and obligations of the staff of the aviation security services and the staff of the internal affairs bodies in the sphere of transportation.  The author also views methods and procedural specificities of personal search of passengers. 
Kurakin A.V. - Once again about the Subject of Administrative Law and its Norms pp. 47-58

DOI:
10.25136/2409-7810.2022.4.39522

EDN: OVLUKF

Abstract: The question of the subject of administrative law is not new, but it has not been finally resolved, and therefore there is every reason to pay attention to the features of the norms that actually construct this branch of law. The author notes that the question of the rule of law in general and the rule of administrative law, in particular, is quite conservative, today it is no longer possible to formulate a fundamentally new definition of the rule of law, despite this, there are author's definitions of this category, we also note that the question of the structure of the rule of law is also finally closed. The study of the problem of the norms of administrative law can make it possible to develop criteria for the classification of these norms, formulate proposals on the effectiveness of their implementation, and also reconsider the question of their systematization. The author notes that the complexity of the subject of administrative law, the variety of directions of administrative and legal regulation, objectively determines the existence of various norms. The paper presents some classification criteria of these norms, which may reflect the essence and their specifics. The author also draws attention to the fact that the doctrine has sufficiently developed the question of the structure of the rule of administrative law, as well as the forms of their implementation. Structurally, the norm of administrative law consists of a hypothesis, disposition and sanction. All three of these elements of the rule of administrative law in their entirety form it. The presence of three elements at once in the regulatory prescription does not occur, often the sanction is taken out of the regulatory norm of administrative law and is contained in another law. The forms of implementation of the norms of administrative law are quite archaic, the norm is implemented in compliance, execution, use and application.
Tseluiko A.V. - On the Formation of the Moscow Metro Infrastructure and Law-Enforcement Agencies That Provide for its Safety pp. 50-61

DOI:
10.7256/2306-4218.2013.2.803

Abstract: The article is devoted to the history of development of law enforcement agencies providing safety at the Moscow Metro. The author of the article notes that there are still many unsolved issues in security of metro services. The author also describes the history of designing and constructing the Moscow Metro and underlines that the question about security and safety of the metro was raised at the very moment of the Metro being constructed. The author analyzes such security measures as creation of the Group for Metro Protection and 'Security Guidelines for Militsia Officers'. Noteworthy that the Moscow Metro was used as a bomb-proof shelter during the Great Patriotic War. The main targets of the Department of Militsia at the Moscow Metro are enforcement of law and order and prevention of terroristic acts. The author of the article describe the following measures undertaken by the Russian government in order to increase safety of the Moscow Metro: implementation of specialized technical means and information terminals and passing a decree 'On Creation of a Complex System of Public Security in Transport'. Advanced technologies and equipment can actually allow to better protect the Moscow Metro and enable the further development of the Moscow metro services.
Kalyuzhny Y.N. - Repeatability as a qualifying feature of administrative delicts in the field of road traffic
pp. 55-62

DOI:
10.25136/2409-7810.2019.2.29092

Abstract: The research subject is the set of legal regulations and scientific sources characterizing repeatability as a qualifying feature of administrative delicts in the field of road traffic. The research object is social relations occurring at the application of a norm of law regulating administrative responsibility in the area of road traffic. The author analyzes legal regulations and scientific literature and gives a summary of scientific approaches to the qualifying feature of repeatability and particular interrelated categories of the conceptual framework of the institution of administrative responsibility; studies the diversity of judicial practice of interpreting legal norms of administrative legislation. The research methodology is based on the set of general scientific and specific methods of cognition (the formal-legal, analytical, system approach, analysis, synthesis, modeling, comparison, etc.). The author comes to a conclusion that the absence of unified scientific approaches to a particular conceptual framework of the institution of administrative responsibility and the diversity of judicial practice of the application of legal provisions of administrative legislation lead to the need for the formalization and the development of unified approaches to defining the concept of repeatability of an administrative delict and uniformity of administrative delicts. The author also claims it is necessary to clearly define the term during which a delict is considered as repeated. The author also concludes that in order to increase road traffic safety, it is necessary to apply all the spectrum of public corrective actions, administrative responsibility and coercive measures to drivers committing a repeated delict. One of the instruments of road traffic safety ensuring is the qualifying feature of repeatability of administrative delicts.  
Tadzhibov V.R. - The grounds of administrative responsibility in the police sector pp. 56-69

DOI:
10.7256/2409-7810.2015.1.14170

Abstract: The subject of the article includes the grounds of administrative responsibility; it describes the peculiarities of an administrative offense and its features. On this base the author concludes that the concept of an administrative offense, as enshrined in the Code of Administrative Offenses, should be supplemented with the characteristic of a public danger. Administrative offenses in the sphere of public events are heterogeneous. This is due to the fact that as an administrative offense can be recognized only the behavior which is prohibited by administrative law. The article notes that the essential characteristic of an administrative offense is a public danger. The methodology of the research is based on the modern achievements in epistemology. The study uses the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods and the techniques used in empirical sociological research. The article concludes that if public danger is a quality typical for certain deeds objectively, their illegality is established by a legislator in regulation prohibiting the commission of such deeds. Social danger of the act does not mean it mandatory illegality, as a legislator, unfortunately, is not always quick to respond to the existence of socially dangerous acts imposing a ban on them.
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