NB: Administrative Law and Administration Practice - rubric Law-enforcement legislation
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Law-enforcement legislation"
Law-enforcement legislation
Maistrenko G.A. - To the question of the concept of operational situation (on the example of the penal system facilities) pp. 1-8

DOI:
10.7256/2306-9945.2021.1.33426

Abstract: This article is dedicated to the questions of coordination of the activity of operational units aimed at prevention of complications of operational situation in correctional facilities. The author describes the operational situation in correctional facilities as the combination of interconnected objective factors (conditions) of the functional environment of correctional facilities, which are considered during planning, organization and implementation of crime prevention measures. In the context of ensuring security in the correctional facilities, the author characterizes the concept of “operational situation”, leaning on opinions of researchers on this subject to give a fuller definition to this concept. The article employs works of the Russian legal experts. Normative legal framework that regulates the indicated sphere is provided. The author underlines the need for further improvement of informational and analytical activity on the evaluation of operational situation in penitentiaries; determines the factors that negatively affect the operational situation in penitentiaries. Analysis is conducted on the data received from sociological survey of the correctional officers. It is stated that the presence of valid information that would characterize the state of operational situation in a correctional facility aids in achieving the goals of the penal process.
Maiorov V.I. - Problems of organization of voluntary peoples patrols as a form of participation of citizens in public order protection (the case of Chelyabinsk region) pp. 9-14

DOI:
10.7256/2306-9945.2016.4.20145

Abstract: The paper considers the principles of people’s patrols functioning as one of the forms of participation of citizens in public order protection. The interaction of citizens and law enforcement agencies, aimed at law and order maintenance and rights and lawful interests of citizens protection, is one of the main directions of work reflected in the federal laws “On Police” and “On the participation of citizens in public order protection”. The author analyzes the most important problems of people’s patrol’s activities, using the case of Chelyabinsk region, and proposes the ways of their solution. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical research methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to increase the effectiveness of public order protection, it is necessary to improve legal and organizational bases of cooperation between citizens and the police. The author asserts that it is necessary to increase the quality of interaction between citizens in the sphere of public order protection. The author demonstrates the peculiarities of this interaction in Chelyabinsk region. 
Tsvetkov I.B. - Investigators authorities in ensuring the realization of rights and legitimate interests of the accused when bringing a charge against him pp. 12-18

DOI:
10.7256/2306-9945.2016.3.19118

Abstract: The research subject is the legal regime of the investigator’s work aimed at ensuring the realization of rights and legitimate interests of the accused when bringing a charge against him. The author analyzes the provisions of the current legislation in the sphere of criminal legal proceedings and investigation. The research object is the range of social relations emerging in the process of preliminary investigation when involving a person as a defendant. Special attention is paid to the investigator’s work in the field of explaining the rights and legitimate interests to the accused and ensuring the realization of these rights. The author applies the set of general scientific and special research methods of cognition including the normative-logical method, system analysis, synthesis, analysis, deduction, induction and others. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of the mechanism of realization of investigator’s authorities in ensuring the implementation of rights and legitimate interests of the accused when bringing a charge against him. The author concludes that the investigator’s work aimed at ensuring the realization of rights and legitimate interests of a person is possible and should be executed even before involving this person as a defendant. The investigator must inform the person about his procedural rights and ensure the conditions for their realization before indictment. 
Davletshina L.H. - Promotion in the System of Legal Regulation of Service in Internal Affairs Bodies pp. 21-26

DOI:
10.7256/2306-9945.2019.5.30828

Abstract: The dominance in modern disciplinary practice of ATS of negative authorization (penalties and punishments) destroys the balance of positive and negative incentives, reduces the prestige of service, and demotivates employees. The current regulation (including order No. 50 of 2018) makes it possible to rectify the situation by actively applying a set of incentives aimed at creating favorable conditions for activating the activities of ATS officers. At the same time, the current regulation is not perfect. The article proposes corrective amendments. The author proceeds from the fact that the promotion is significantly more effective than punishment, as it stimulates positive emotions, strengthens self-confidence, confirms professionalism, human and business qualities, builds self-esteem, strengthens discipline and responsibility, and also increases authority and social status of an employee of internal affairs bodies.
Novgorodov D. - Peculiarities associated with police inquiry into administrative violations committed on the Internet pp. 21-26

DOI:
10.7256/2306-9945.2020.2.33567

Abstract: The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.
Shcherbakov O.N. - The Main Stages and Forms of Interaction with Stage Authorities Regarding Public Order Enforcement pp. 22-30

DOI:
10.7256/2306-9945.2017.5.25571

Abstract: The subject of the research is the legal rules and regulations of the Soviet and post-Soviet periods on public order enforcement. The object of the research is the social relations that relate to the participation of population in the process of public order enforcement. The author of the article examines procedural and institutional issues of citizens invovelement into public order enforcement. In his article Scherbakov pays special attention to the administrative law status of citizens who participate in the process of public order enfrocement, in particular, their legal security, rights to apply enforcement measures and their interaction with law-enforcement organisations. The methodological basis of th research includes managerial rules, laws and regulations of state authorities regarding public order enforcement and crime prevention. When writing the article, the author has also used such methods as comparison, abstraction, analysis and synthesis, and ascention from the abstract to the concrete. The main conclusions of the research are the following: the institution of citizens' participation in public order enforcement had certain drawbacks such as: the principle of voluntariness was not observed when brigades were formed. The brigades mostly involved elderly people and teenagers. Special brigades were used for purposes other than public order enforcement and the quality of their work was raised by attracting more participants which was needless. Their preparation and training did not have the system nature. 
Sasykin K.Y. - The stage of initiation of a criminal case as an administrative barrier, beyond which a preliminary investigation begins (for example, Article 177 of the Criminal Code of the Russian Federation and other elements of crimes under the jurisdiction of the FSSP of the Russian Federation). pp. 22-34

DOI:
10.7256/2306-9945.2022.1.35470

Abstract: The article is devoted to the assessment of the actual possibility of citizens' realization of the constitutional right to access to justice in the conditions of the current model of criminal proceedings in the Russian Federation. The author investigates the problems of the application of certain provisions of the criminal procedure legislation of the Russian Federation defining the reasons, grounds and timing of the initiation of a criminal case, combined into the stage of initiation of a criminal case (Chapters 19-20 of the Code of Criminal Procedure of the Russian Federation). The question of the need to reform domestic legislation in this part in order to increase the effectiveness of the criminal procedural function of the state is being investigated. The study is based on the perspective of topical issues of initiating criminal cases for crimes under the jurisdiction of the FSSP of the Russian Federation, including those provided for in Article 177 of the Criminal Code of the Russian Federation, taking into account official statistics for 2020 and judicial practice on citizens' complaints. The relevance is based on disappointing data on the execution of judicial acts in the Russian Federation. In particular, attention is drawn to the presence in 2020 of more than 110.5 million enforcement proceedings in the FSSP of the Russian Federation, the generalized level of enforcement for which amounted to no more than 50%, totaling 696 billion rubles, which is a serious threat to economic stability and requires timely response. The relevant data are considered as a consequence of the existing barrier at the stage of initiation of criminal proceedings in the implementation of criminal legislation, including determining responsibility for crimes against the authorities, malicious non-execution of judicial acts, which is also confirmed by unjustified indicators of the initiation of criminal cases under Articles 177, 311, 312, 315 of the Criminal Code of the Russian Federation. In order to ensure the implementation of the criminal procedural function of the state, a comprehensive reform of this stage is proposed by transforming it into the institution of the beginning of criminal proceedings, which will restore the preventive function of the norms of the criminal legislation of the Russian Federation and ensure the effective operation of state authorities.
Kravchenko A.G., Khazhirokov V. - The models of the states law enforcement function in a federation: a comparative-legal aspect pp. 26-38

DOI:
10.7256/2306-9945.2016.5.20248

Abstract: The article studies the issues of reception of the elements of law enforcement models of foreign states into Russia’s legal space. The research subject is the national law enforcement models of federations. The purpose of the research is the detection of the correlation between regional factors and particular national law enforcement models. The authors hypothesize that a national law enforcement model of any state directly depends on the range of regional factors, formed in the context of internal peculiarities (ethnocultural, religious, socio-economic, etc.) and external threats (trans-border crime, geopolitical interests, international terrorism, ets.). The research methodology is based on general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling) and special research methods: the comparative-legal, system, culturological, historical, etc. The scientific novelty of the research consists in the original approach to the understanding of the problem of search for the ideal law enforcement model for the Russian state with the help of the analysis of the roots of national peculiarities of the law enforcement function modeling as the objective grounds of differences in traditional systems of means, methods and ways of protection of law and order in a state. The authors consider the national law enforcement models of the USA, England, Germany, Japan, Singapore and the countries of the Islamic law, and analyze the attempt to create a universal law enforcement model within international law. The authors formulate the conclusions, containing generalizations, including the theses about the historical nature of the particular national law enforcement models, their objective dependence on the particular mental, historical, geopolitical, criminogenic, political and other conditions, and the related limitedness of legal receptions from other national law enforcement systems and their integration into Russia’s legal space. 
Matyukhin O.I. - On the issue of the exercise of powers by internal affairs bodies in ensuring public safety at air transport facilities pp. 35-43

DOI:
10.7256/2306-9945.2022.1.36832

Abstract: The subject of the study of the topic under consideration is the implementation of the powers of the internal affairs bodies in ensuring public safety at air transport facilities. The article shows the role of the internal affairs bodies in ensuring public safety through the implementation of the powers assigned to them. The article is a structural presentation of the material on the implementation of law enforcement tasks at air transport facilities. The introduction describes the relevance of the field of aviation transport to meet the needs of society, the high demand of the population for this type of transport, the tasks of law enforcement agencies and air transport enterprises to ensure the safety of citizens while they are at the airport and during the flight. The main part explains the issues related to the use of regulations as a means of preventing persons from entering air transport facilities when performing work related to transport security by checking them against various databases, the results of which are concluded. An idea is given about the use of the norms of legislation providing for liability in the case of an administrative offense or crime. The article may be useful to those who are involved in the process of ensuring security at air transport facilities, law enforcement officers, subjects of ensuring transport security employees of the aviation security service and departmental security of the Ministry of Transport of the Russian Federation, as well as whose interests are related to carrying out work at such facilities, and citizens using air transport services. Thus, the concentration of efforts in the field of public safety, based on the application and implementation of legal norms by the subjects involved in this process, understanding the importance of aspects of interaction in the implementation of the powers granted, as well as the overall organization of activities at air transport facilities will allow us to talk about the effectiveness of the entire security system focused mainly on the social needs of citizens and interests states.
Tul'skaya E.A. - Principles of disciplinary practice in internal affairs pp. 38-49

DOI:
10.7256/2306-9945.2017.2.22377

Abstract: The paper considers the problem of disciplinary practice in internal affairs and substantiates the necessity to ensure discipline and legality in internal affairs. The problem in determined by legal and organizational problems, connected with disciplinary practice provision. The topicality of the issue under study is determined by the fact that discipline and legality in internal affairs influence the quality of the police’s work. The author proves that the effectiveness of disciplinary practice is affected by the quality of formalized principles of its provision. Based on the conducted research, the author suggests improving the mechanism of implementation of particular principles of disciplinary practice. The research methodology is based on traditional methods if scientific cognition. The author applies general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and induction), traditional methods of jurisprudence (formal logical), and the methods of specific sociological research (statistical assessments, etc.). The author concludes that at the present time, to ensure disciplinary practice in internal affairs of Russia, it is necessary to improve the quality of the corresponding principles and take them into account in law enforcement activities of internal affairs agencies. The author reveals the content of the principles of disciplinary practice and formulates their concepts in the theoretical aspect. 
Pavlova E.V. - Particular Aspects of Organizing the Interaction Between State Authorities and Social Associations in the Process of Public Order Protection pp. 41-47

DOI:
10.7256/2306-9945.2019.1.29140

Abstract: The subject of this research is the system of social and legal relations arising in the process of interaction between state authorities and social associations that enforce the social order. The object of the research is the social relations that arise in the sphere of interaction between social association of law enforcement authorities and state authorities including in a particular constituent of the Russian Federation (the case study of the Oryol Region). The author focuses on the detailed analysis of applicable laws and regulations that enforce the procedure for arranging such interaction and gives recommendations on increasing the efficiency of the law institution. To achieve these goals, the author has used general research methods as dialectical research, systems analysis, comparison and analogy as well as formal law method, legal modelling and summary of practical experience and other methods. Arranging interaction between law enforcement authorities and population is a nettlesome issue. The novelty of the research is that by analyzing applicable laws and regulations that set forth the procedure for arranging interaction between state authorities and social associations during social order protection, the author suggests to encourage individual constituents of the Russian Federation that have achieved positive results in this sphere including financial benefits. The author of the article also describes particular areas to be improved in order to increase efficiency of the aforesaid institution. The main idea is to provide sufficient financing and legislative basis at the levels of the constituent and municipal unit. 
Obydenova T.V. - On the issue of use of the positive experience of Germany in the field of juvenile delinquency prevention in Russia pp. 45-61

DOI:
10.7256/2306-9945.2015.1.15872

Abstract: The article focuses on the problems of legal and organizational measures related to the administrative and legal regulation of juvenile delinquency prevention. The author carries out a theoretical and legal analysis of the concepts of legal regulation of preventive activities of the police forces in Germany from the position of administrative-legal regulation of juvenile delinquency prevention. The paper presents the author's positions about the notion of administrative-legal prevention of juvenile delinquency. The main attention is paid to the development of methods and methodology of administrative-legal regulation of juvenile delinquency prevention from the standpoint of German experience. The methodology of the research is based on the recent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logic), as well as the methods used in the concrete sociological research (the statistical methods, expert assessments, etc.).The author comes to the conclusion about the need to use the experience of law enforcement agencies of Germany in the prevention of administrative offences committed by minors. The author analyzes the activities of special entities carrying out the prevention and suppression of juvenile delinquency in Germany and the possibility of their use in Russia.The novelty of the article lies in the proposals to develop the forms and methods of administrative-legal regulation of preventive activities in the sphere of the interior.
Begeza V.V. - Organization of the Activities of the Internal Affairs Bodies in the Context of the Emergence of New Challenges to Russia's Cybersecurity pp. 48-57

DOI:
10.7256/2306-9945.2023.2.39962

EDN: ASFTXL

Abstract: The article deals with the problem of the organization and effectiveness of law enforcement agencies in ensuring cyber security of the Russian Federation. Based on the analysis of regulatory legal acts and the effectiveness of law enforcement agencies. Cybercrime is gaining more and more popularity every year, and thus more and more importance is attached to it by law enforcement agencies. Statistics of the GIAC of the Ministry of Internal Affairs of Russia on the state of crime in the Russian Federation for January - October 2022 shows that the number of crimes committed using information technology decreased by 5.6%. However, such statistics only confirm that law enforcement agencies are successfully coping with the performance of a preventive function, preventing and suppressing crimes in the field of information technology. At the same time, statistics do not indicate that cybercrimes are losing their relevance. They are acquiring a new format, becoming more sophisticated in technical terms, which, of course, requires more competence and professionalism from law enforcement agencies in this area. In 2022, a new department is operating in the structure of the internal affairs bodies the "Department for the Organization of Combating the Illegal Use of Information and Communication Technologies" as a specialized department in the structure of the Ministry of Internal Affairs of Russia. The legislator points out as the reasons for the creation of the Department the growth of computer attacks, remote theft of funds and the active development of the illegal digital industry.
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