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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.
Voenkova N.P. - 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. 
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. 
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.
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 .
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 inertiа 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. 
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.
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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