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MAIN PAGE > Journal "Police and Investigative Activity" > Rubric "Problems of ensuring law-adherence and discipline in police work"
Problems of ensuring law-adherence and discipline in police work
Yarovenko V.V. - Participation of Witnesses in Investigative Actions as the Guarantee of Preliminary Investigation Validity pp. 56-65


Abstract: The subject of this research is the investigative interview of a witness as a participant of investigative proceeding. Yarovenko analyzes opinions of resarches on the use of modern technical means of recording instead of participation of witnesses. He focuses on the practical importance of an investigative interview of an individual recognized as a witness by the court and whether an investigative interview of a witness is the guarantee of the validity of a preliminary investigation in terms of requirements for the criminally-remedial law. The use of video recording still leaves a chance for falsification but creates more difficulty to discover them. The methodological basis of the research includes formal law method, generalisation, comparative law method, as well as analysis and synthesis of judicial practice. As a result of the analysis of researches and criminal cases, the author concludes that an investigative inquiry of a witness is the guarantee of validity of investigation both for the accused and investigators, investigators and operations staff. Thus, the current technical means of recording cannot guarantee the validity of evidence. 
Ovchinnikov N.A. - On the issue of definition of lawfulness as one of the directions of the fight against corruption within the system of Ministry of Internal Affairs of the Russian Federation pp. 84-98


Abstract: The article is devoted to the legal and organizational problems of guarantees of lawfulness and discipline within the system of professional activities of the staff of the internal affairs bodies. The article includes analysis of nature and elements of lawfulness, then the  priority directgions for the reform in the MIA of Russia are pointed out. It is noted that most of the federal and regional laws fail to form the regime of lawfulness and discipline in the government and administration bodies. It is stated that the principle of lawfulness shall achieve its goals if there will be due correlation between the law-enforcement activities and the legal standards. It is also noted that the principle of lawfulness should take a central place within the system of other principles of activities of the government and administration bodies, as well as their officers. It is stated that the regime of lawfulness in the MIA of Russia shall become possible when the problems of fighting corruption and guarantees of internal security are solved. It is concluded that the level of police corruption can be lowered, if the corruption is condemned by the society, and the corrupted officers are subject to real punishments. It is also necessary to study and generalize the foreign experience in the sphere of fighting corruption in police bodies.
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