DOI: 10.7256/2454-0595.2014.2.10789

Abstract:

DOI: 10.7256/2454-0595.2014.2.63953

Abstract: Topicality of this article is due to the fact that the development of the institution of private detective and security services goes on in a complicated and contradictory environment. The variety of detective and security activities and the development of entrepreneurial activities caused the need for the formation of the market for security and detective services. The demand for the services of private detective and security enterprises is currently rather high. According to the data provided by the information centers of the Ministry of Internal Affairs of the Russian Federation over 23 000 private security enterprises and about 4000 security services are registered, and they work with over 250 000 objects, the total number of employees of private security companies amounts to 740 000 people. They have 119 000 units of firearms, 83 700 pistols. Over 1 000 000 people work for private detective and security companies. The process of studies involved theoretical, general philosophical methods (dialectic, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), as well as the traditional legal methods (formal logic), and the methods used in specific sociological studies (statistical, expert evaluation, etc.). In the process of formation of the rule-of-law state the issue of reliable protection of rights and lawful interests of natural persons and legal entities is especially topical. In the market economy conditions the existing state law-enforcement bodies fail to guarantee necessary level of security for the citizens and entrepreneurial subjects. That is why private detective and security enterprises appeared in mass quantities in 1990s in Russia.

Keywords: police, security, guard, detective, detective work, the Ministry of Internal Affairs, the Department of Internal Affairs, control, permission, system.

DOI: 10.7256/2454-0595.2014.2.10661

Abstract:

DOI: 10.7256/2454-0595.2014.2.63954

Abstract: Various legal and organizational means of influence with various effects upon the participants of the relevant relations are used within the system of state administration of the Russian Federation in order to guarantee lawfulness and legal order. The choice of regulation methods for the activities of participants of public law relations depends on their place and role within the administration system, on their goals and aims, as well as lawful or unlawful character of their behavior. The methods of convincing and coercion are traditionally used in administrative relations. Each of these methods is used in accordance with the situation and the goals of law-enforcement. The police activities employ administrative methods typical of police activities and guarantees of legal order. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Implementation of executive power and guarantees of public order may be directly implemented in practice with the use of certain means and methods of strategic influence upon conscience and behavior of people. Convincing and coercion being two mutually complementing methods of state administration serve as these methods at the current stage of development of the society. Their social purpose and efficiency of their influence is due to the fact, that, firstly, they are caused by general social and economic patterns of development of the society, and secondly, they should be in inseparable unity, thirdly, they depend on how correctly and socially adequately the economic and political needs of society are reflected.

Keywords: classification, official, police officer, coercion, criterion, police, implementation, prevention, arms, special means.

DOI: 10.7256/2454-0595.2014.2.10665

Abstract:

DOI: 10.7256/2454-0595.2014.2.63955

Abstract: The article concerns specific features of application of administrative legal means for the guarantees of the protection of legal formation of mechanisms for the legal protection of copyright, which would conform with the modern needs. Having analyzed the issue of role and place of administrative coercion within the sphere of fighting offences against copyright and grounds for its application, the author notes that administrative legal preventive measures in the sphere of copyright protection have some positive features, which are due to its comparative ease and fast implementation, allowing for operative reaction to the copyright violations. Additionally, application of administrative legal measures is possible in a number of cases, and in the copyright sphere in particular in a preventive way without the offences, which makes it more efficient towards both natural persons and legal entities. Also, the administrative decisions may be used in future as evidence of copyright violation by a respondent in a civil or an arbitration process. In the process of preparation of this article the author used the comparative legal method, sociological method of systemic analysis, comparative and historical comparative method, and the structural functional method. Discussing efficiency of administrative legal sanctions, it is noted that it depends both at their unavoidable and operative application, and their efficiency, which relates to the amounts of monetary fines. At the same time, the author states that higher sums of administrative fines should be regarded from a fiscal standpoint, that is, these measures should not be aimed at income into federal and regional budgets.

Keywords: copyright, administrative legal sanctions, basis for legal responsibility, administrative coercion, offence, evidence, counteraction, efficiency, convincing, politics.

DOI: 10.7256/2454-0595.2014.2.10841

Abstract:

DOI: 10.7256/2454-0595.2014.2.63956

Abstract: Training of the cadres for the government bodies is one of the most important events within the process of the formation of the rule-of-law state. First of all, it concerns training of the staff and implementation of the cadres policy in the bodies, which are aimed at support and protection of government. This study concerns the use of administrative legal means for guaranteeing the cadre policy in the internal affairs bodies, as a constituent element for the state cadres policy. This approach allows to see the general patterns within the framework of implementation of the state cadres policy and through their prism to make propositions for the improvement of administrative legal means regarding service in the internal affairs bodies. In the process of preparation of this article the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). When defining the conceptual basses for the institutional cadres policy the Ministry of Internal Affairs of the Russian Federation recognizes the need to form a new professional and moral personality of the internal affairs officers, as well as the renewal of the cadres potential of police and other divisions of the Ministry. The cadres policy of the Ministry of Internal Affairs of the Russian Federation is a complex of ideas, principles and norms, regulating the activities of the head of the bodes, organizations and divisions of the Ministry of Internal Affairs of the Russian Federation for the formation of the staff, managing the personnel, federal state civil servants, employees of the internal affairs bodies.

Keywords: cadres, the MIA, police, service, law-enforcement, procedure, contract, contest, regulation, dismissal.

DOI: 10.7256/2454-0595.2014.2.10640

Abstract:

DOI: 10.7256/2454-0595.2014.2.63957

Abstract: Administrative restraint measures implemented by the police staff form a constituent part of the system of administrative coercion, including organizational, verbal and psychological, proprietary, and organizational means, which are implemented in cases of behavior, which his deviant from lawfully established and generally accepted norms for the behavior of natural persons and legal entities, appearance of man-made, natural and other circumstances. These measures are aimed at the prevention, interception and procedural registration of administrative offences, other unlawful acts or emergency situations. The methodological basis for the studies was formed by the modern achievements of cognition theory. In the process of preparation of this article the authors used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Implementation of executive power and guarantees of public order may be directly implemented in practice with the use of certain means and methods of strategic influence upon conscience and behavior of people. Convincing and coercion being two mutually complementing methods of state administration serve as these methods at the current stage of development of the society. Their social purpose and efficiency of their influence is due to the fact, that, firstly, they are caused by general social and economic patterns of development of the society, and secondly, they should be in inseparable unity, thirdly, they depend on how correctly and socially adequately the economic and political needs of society are reflected.

Keywords: police, prevention, administrative relations, coercion, supervision, jurisdiction, bodies, the Ministry of Internal Affairs, protection of legal order.

DOI: 10.7256/2454-0595.2014.2.10659

Abstract:

DOI: 10.7256/2454-0595.2014.2.63958

Abstract: The studies of administrative legal position of participants of the administrative offence cases shows that the problem of guaranteeing rights and lawful interests of a person in the proceedings on administrative offence cases has several main aspects regarding proceedings on administrative offence cases, application of administrative coercion measures, activities of the state in the sphere of guaranteeing rights and lawful interests of natural persons and legal entities in the administrative legal sphere. The author of the article notes importance of the improvement of the procedural status of the participant of the proceedings on administrative offence cases. The methodological basis for the studies was formed by the modern achievements of cognition theory. In the process of preparation of this article the authors used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). The studies of administrative procedural status of the participants of proceedings on administrative offence cases are quite topical. It is due to a number of circumstances, one of which is the fact that for all of the branches of law “legal position of the subject of law” is a key category, revealing a number of substantial legal institutions. Additionally, the development of Russian legislation on administrative offenses may be characterized by a number of contradictions in the Administrative Offences Code of the Russian Federation, which form obstacles for the achievement of all of the goals of the proceedings on administrative offences cases.

Keywords: delict, delictual dispositive capacity, legal personality, transactional capacity, sanction, responsibility, status, participant, punishment, sanction.

DOI: 10.7256/2454-0595.2014.2.9938

Abstract:

DOI: 10.7256/2454-0595.2014.2.63959

Abstract: The article provides characteristics of customs services provided by the customs bodies within the framework of its copyright protection function. Distinguishing the terms “state function” and “state service”, the author singles out the system of customs services (general and specific) within the implementation of copyright protection by the customs bodies. Such services include consulting and provision of information by customs bodies, maintaining the customs register of copyright objects and a number of customs procedures. Efficient implementation of the said function of the customs bodies in the sphere of protection of copyright objects is based upon the combination of the special and general services to the customers, who are first of all the holders of exclusive titles to copyright objects.

Keywords: customs bodies, customs services, functions of customs bodies, customers for customs services, customs register, information, consulting, administrative regulation, quality of customs services, copyright object.

DOI: 10.7256/2454-0595.2014.2.10629

Abstract:

DOI: 10.7256/2454-0595.2014.2.63960

Abstract: The article concerns the possibility of using the mechanisms for public-private partnerships in relation to fighting corruption. It is noted in the article that the Anglo-Saxon states have a progressive approach towards fighting corruption in the private law sphere. There is a positive practice of responsibility for the bribery in the private sphere not in a domestic territory of the state, but also abroad. At the same time the measures for the prevention of private law corruption, rather than the repressive measures, are regarded as having the most perspective in company sphere. Due to taking a number of obligations within a number of international anti-corruption acts (first of all the UN Convention Against Corruption of October 31, 2003 and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions) the legislation of the Russian Federation on corruption prevention was significantly changed and amended. One of such changes included legislative provisions for the prevention of corruption in the private law sphere. In particular, the Federal Law “On Fighting Corruption” was amended with the Art. 13.3 “Obligation of organizations to take measures to prevent corruption”, according to which the organizations were obliged to develop and adopt measures for corruption prevention. The implementation of a complex of such measures should be aimed at formation and introduction of internal corporate anti-corruption policy with detailed regulation of such activities.

Keywords: corruption, partnership, fight, counteraction, influence, official, servant, prophylactics, prevention, punishment.

DOI: 10.7256/2454-0595.2014.2.10111

Abstract:

DOI: 10.7256/2454-0595.2014.2.63961

Abstract: In this article for the first time in the Russian legal science based upon the analysis of regional anti-corruption legislation and relate normative legal acts, as well as Russian and foreign scholarly sources the author provides comparative legal analysis of the legal category “anti-corruption agitation” and related legal definitions. Using the method of structural analysis the author uncovers the key contradictions and defects in the approaches of Russian and foreign scholars towards elements of anti-corruption agitation as information means for fighting corruption, and the author offers his own definition of anti-corruption agitation. The definition, which is offered by the author has a number of advantages, namely, it has a more complete description of a range of competent subjects in the sphere of anti-corruption agitation, points out the object of anti-corruption agitation, defines and fixates the main goals of anticorruption agitation, refers to the subjects of anti-corruption agitation, provides for the use of unlimited range of anticorruption information means, forms and methods of implementation, allows to unify anti-corruption law-making and improve the quality of regional and municipal law-making activity.

Keywords: corruption, fighting corruption, agitation, anti-corruption policy, anti-corruption advertisement, anticorruption agitation, anti-corruption information, anti-corruption worldview, anti-corruption enlightenment, anticorruption behavior.

DOI: 10.7256/2454-0595.2014.2.10825

Abstract:

DOI: 10.7256/2454-0595.2014.2.63962

Abstract: The current Constitution of the Russian Federation of 1993 has enshrined the international legal principle of supremacy of law among the provisions forming the fundamentals of the constitutional structure of the state. Having the status of an international and a constitutional principle, this principle formed the basis for the federal, regional and local legislation. In order to achieve further implementation of the principle of supremacy of law, a number of norms of the current Russian legislation need to be clarified, first of all, in respect to narrowing the “evaluative” category in legislation. In this article the author evaluates the possible options for clarification of dispositions of legal norms in order to guarantee uniformity of law-enforcement practice. Methodological basis for this study included the combination of general and specific scientific methods for cognition of objective social and legal reality within the field of study: the methods of analysis, synthesis, systemic method, generalization method, formal logical, statistical and sociological methods were used. The article includes evaluation and analysis of the most significant aspects and elements of international principle of the supremacy of law and specific features of its interpretation in the Russian legislation. In the process of studies based upon the analysis of the legal practice, the author revealed existing problems within the sphere of functioning of this principle, and proposed the means to resolve them.

Keywords: right, supremacy, law, law-enforcement activity, principle, international acts, norms of the Russian law, dispositions of criminal law norms, improvement, uniformity of legal practice.