DOI: 10.7256/2454-0692.2014.1.10735

Abstract:

DOI: 10.7256/2454-0692.2014.1.63882

Abstract: The topicality of this article concerns domestic violence. The main goal of the study was content-analysis of the official police documents – “blue cards”. The studies took place in 2010 in Poland (Crakow) in two police departments, and over 60 cards were analyzed. The studies showed that the women, who were victims of domestic violence, usually suffered from both psychological and physical violence, and in some families similar incidents took place before. The typical emotions, which were shown by the victims during the police intervention was crying and fear. The violent situations mostly concerned arguments between spouses (partners) and intoxication of the offender. Finally, the article discusses the function for the “blue card” intervention procedure, its possible limitations, and the most typical disorders (behavior/psychological/emotional) of the victims of the violence, then the author makes the proposal for the further studies in this sphere. The main goal of empiric studies was understanding and content-analysis of the secondary sources – official documents. The author analyzed the documents concerning “blue card” police interventions. The choice of the situations and circumstances was random. The studies took place in 2010 in Krakow in two police departments – Police Department N. IV (ul. Krolewska, 2-4) and Police Department N. VII (Zlota Jesień,11). Additionally, 60 “blue cards” were analyzed. As a result, it should be stated that the studies are fragmented, and analysis of their contents in “blue card” remains topical. It should be pointed out that according to some specialists, the “blue card” intervention procedure may serve as a source of psychological support for a victim of domestic violence, and it also may be of value as evidence. Additionally, it serves the following functions: standardizing police notes of intervention, information for the victims, allowing the police to keep in touch with both the victim and the abuser, formation of the possibility for the coordination of institutional activities and organization of persons responsible for the assistance to the violence victims, allowing to provide more detailed evidence of a threat of violence. Speaking of practice, there are some doubts on whether this procedure is possible to apply in order to fight domestic violence. First of all, it should be noted that some victims never inform the police or other institutions of the fact of aggressive and violent behavior. It may be due to several factors, such as shame and fear of revenge of an abuser, fear and helplessness, passive dependency functioning style, and, finally, by economic dependency on an abuser and lack of trust in the institutions providing assistance to the victims. Additionally, since domestic violence is a long-term matter, and it is related to deprivation and frustration of biological and psychological needs of a victim, it can be characterized as a complicated crisis situation, having the qualities of overburdening, threat, difficulty, painful situation. The victims of such violence have various disorders, such as the learned helplessness, PTSD, codependency. In order to reveal close connection between a victim and an abuser, implicating victimization and dependency on an abuser, there is need to turn to the violence cycles, or the so-called “Stockholm syndrome” concept. The authors who pay attention to the frequent manifestations of so-called traumatic link (D.G. Dutton, S.L. Painter), or the type of connection with paradoxical gratitude (F. Ochberg), when the situation is influenced by demonstration of force and advantage, as well as control over life or health of a victim, who is helpless and absolutely dependent on an abuser. It should also be remembered that both the violence itself, and the intervention of the police are related to the cultural and social context, which includes myths and stereotypes regarding female victims of violence, violence itself and the abusers. The functioning of these stereotypes and myths considerably complicates the true reactions of a victim, her family, acquaintances or persons providing official aid, and they also may have a significant influence upon the police intervention. As a result, it may cause the victim to be unwilling or unable to explicate violence, search for help, and it also implicates the further victimization process. If one is to speak of the further studies in this sphere, it is worth to establish the following: whether the procedure of “Blue card” intervention is in fact used as evidence in court in criminal cases (such as abuse of family members) and divorce cases; whether this procedure is related to the feeling of support and growing feeling of control for the victims of family violence; what is the aspect of preliminary influence of this procedure towards the abusers; how efficiently the victim uses forms of official support, whether the victim participates in psychological educational classes, support groups and therapy.

Keywords: domestic violence, woman, victim, abuser, “blue card” procedure, content-analysis, behavior/ emotional disorders, “blue card” functions, “blue card” limitations, police statistics.

DOI: 10.7256/2454-0692.2014.1.10778

Abstract:

DOI: 10.7256/2454-0692.2014.1.63883

Abstract: The article concerns crimes against public morality (implication into prostitution, organization of prostitution, production and turnover of objects with pornographic images). The author points out organized character of these crimes and their close connection with the crimes against health (purposeful causing of insignificant or medium-range harm to health, beating, torment, infection with a venereal disease and HIV-infection), human trafficking for the purpose of sexual exploitation, kidnapping, unlawful deprivation of freedom, drug crimes (implication into taking drugs and psychoactive substances, organization or keeping narcotic dens), crimes against the administration procedure (unlawful crossing of the state border of the Russian Federation, organization of illegal migration). In the process of studies the author used general philosophical, theoretical, empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), methods used in specific sociological studies (statistic, expert evaluation, etc.). Currently the level of registered crimes in Russia is over 2 500 000 crimes. In spite of relative lowering and stabilization of quantity characteristics of crime in the late years, the changes in its quality characteristics cause serious concern: the criminal professionalism of organized criminal groups and communities is growing, certain spheres of activity are under criminal control; the crime and officials become closely connected, and there is more of lucrative motivation. In this situation, attention is drawn to the growing number and amount of crimes regarding prostitution, production and turnover of objects with pornographic images.

Keywords: crime, fight, trade, human, crime, punishment, police, implication, slavery, prostitution.

DOI: 10.7256/2454-0692.2014.1.10641

Abstract:

DOI: 10.7256/2454-0692.2014.1.63884

Abstract: Implementation of executive power and guarantees of public order is practically realized via certain means and methods of strategic influence on the behavior and conscience of the people. The various organizational and legal means are used in order to guarantee rule of law and legal order within the state administration system of the Russian Federation, and the influence of these means also varies depending on the participants of legal relations. 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. 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 specifi c sociological studies (statistical, expert evaluation, etc.). Application of administrative coercion should be preceded by preventive measures, one of which should be an order with the threat of physical coercion. These measures are mostly necessary for prevention and interception of the gravest administrative offences, encroaching at the public order and established administration procedure. The measures of administrative coercion relating to physical or moral influence inevitably limit rights and interests of a person suspected for committing and offence, that is why their application is impossible without due procedural guarantees. Procedural guarantees of a suspect, competence of executive and judicial bodies, their officials are defined by the right of coercion or the right of coercive power.

Keywords: coercion, law, police, mechanism, control, norm, function, DIA, MIA, official.

DOI: 10.7256/2454-0692.2014.1.10650

Abstract:

DOI: 10.7256/2454-0692.2014.1.63885

Abstract: The article concerns the following: legal status of a territorial body of the Ministry of Internal Affairs of the Russian Federation at the district level; typical structure of a territorial body of the MIA of Russia at the district level; main directions of activities of a territorial body of the MIA at the district level; goals and competence of the internal affairs bodies according to the Russian legislation for territorial district bodies; organizational and service rights of law-enforcement and social nature, as provided to a head of the territorial body at the district level. The methods used are: dialectics, systemic method, comparative analysis, synthesis, generalization, content-analysis of normative acts. A territorial body at the district level includes sub-divisions (divisions, offices) of the police, which work in accordance to the relevant regulations, while not being independent legal entities. The typical departmental regulation contains a wide scope of rights and obligations, and it is not always possible to implement them due to specific features of territory (number of persons, etc.) and cadres. For example, in many police divisions in a territorial body at a district level there is no opportunity to hold expert forensic activities and to have state genome registration, which allows not to include (to exclude) these spheres of competence into the regulations. Another provision of typical regulations regarding the fact that the territorial limits of service for the police department are defined by a legal act of the head of the relevant territorial body of the MIA of Russia at the regional level, which does not allow for the rapid and clear adjustment of borders. Topical issue of territorial limits of the area, which a certain division serves may not be resolved just by reference to condition with no mechanism for defining and adjusting these borders. Before it is done, there is need to follow de-facto territorial borders and practice of their adjustment in order to exclude disagreements, which would breach the rights of claimants (victims). The above-mentioned problems of legal position of a territorial body of the Ministry of Internal Affairs of Russia at the district level require further work within the framework of continued reforms

Keywords: police, territorial body, competence, goals, structure, the MIA of Russia, division, police department, internal affairs body, department level.

DOI: 10.7256/2454-0692.2014.1.10660

Abstract:

DOI: 10.7256/2454-0692.2014.1.63886

Abstract: The study of administrative procedural position of participants of the proceedings on administrative offences cases show that the problem of guaranteeing rights and lawful interests of a person in the administrative offence proceedings has several key aspects regarding the following: proceedings on administrative offence cases, application of administrative coercion measures in general; activities of the state regarding guarantees of rights and lawful interests of natural persons and legal entities in administrative legal sphere. The article notes special administrative responsibility subject, which has the same amount of rights with the subject that does not have these qualities. The methodological basis for the scientific article was formed by the modern achievements of the cognitive theory. In the process of studies the author used general philosophical, theoretical, empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), methods used in specific sociological studies (statistic, expert evaluation, etc.). It is noted in the article that an official in the Administrative Offences Code of the Russian Federation is a person, who permanently, temporarily or in accordance with special competence performs the functions of state representative, that is a person being provided within the procedure established by law with the administrative capacity towards the persons, who are not in service dependency with him, or the person performing organizational and administrative, or organizational and economic functions in the state bodies, municipal bodies, state and municipal organizations, and also in the Armed Forces of the Russian Federation, other armed forces and military formations of the Russian Federation.

Keywords: person, special, subject, law, influence, participant, responsibility, status, position, sanction.

DOI: 10.7256/2454-0692.2014.1.11033

Abstract:

DOI: 10.7256/2454-0692.2014.1.63887

Abstract: The article presents the results of the study of the phenomenon of social aggression in juvenile age. Special role in this sphere belongs to the influence of significant, so-called personality forming factors. That is why the mistakes in developing psychological and pedagogical work with children determines manifestation of aggressive personal qualities. The forms of social, biological and individual personal behavior determination have certain importance in social genesis of a juvenile person. Psychological personal qualities and its statuses in the process of social genesis are flexible and changeable. That is why the process of formation of aggressive behavior patterns may be disrupted. This process has initial characteristics, which may be called pre-deviant ones. The methodological basis for the scientific article was formed by the modern achievements of the cognitive theory. In the process of studies the author used general philosophical, theoretical, empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic), methods used in specific sociological studies (statistic, expert evaluation, etc.). Relevant personal qualities are social matters, personal qualities or social situations, detonating the normal personal development process and threatening its harmonious maturing. However, it should be kept in mind that socialization and social genesis processes in a person are methodologically related and close, and they are simultaneously directed at the formation of the individual personality.

Keywords: person, juvenile, aggression, prophylactics, police, person, activity, work, method.

DOI: 10.7256/2454-0692.2014.1.10122

Abstract:

DOI: 10.7256/2454-0692.2014.1.63888

Abstract: The anti-corruption direction of the legal education is based upon the support for more positive attitude to law and law-abiding in the society, improvement of the level of legal knowledge, including knowledge on corruption behavior and measures for its prevention, formation of the ideas on legal responsibility for corruption offences both among the state and municipal servants and among the general public. The causes of corruption offences among the staff of the internal affairs bodies, including State Road Police Inspectorate may be divided into legal, objective, organizational, administrative, social, economic, subjective, educational and ideological ones. In the opinion of the author one of the objective causes of such behavior is the system of evaluation of work of officers of SRPI and the Inspectorate as a whole. Currently the activities of the Inspectorate are evaluated based upon the number of administrative offences in the sphere of roads and traffic, which were revealed by them, as well as based upon the quantity of decisions, which have been enforced. Due to that one should mention importance of professional anti-corruption education of heads of territorial divisions of the SRPI in the sphere of implementation of their authority. That is why, one of the main directions of the anti-corruption policy is anti-corruption education, which should include general elements (choice of cadres for the service) and special (professional) ones.

Keywords: security, corruption, the State Road Police Inspectorate, causes, conditions, education, education, professional, information, relations.

DOI: 10.7256/2454-0692.2014.1.10653

Abstract:

DOI: 10.7256/2454-0692.2014.1.63889

Abstract: The object of the study includes anti-corruption education as a legal category in Russian regional anti-corruption legislation, providing for the use of anti-corruption education as one of the instruments for the state policy against corruption; goals and main targets of the anti-corruption education provided for in the Russian regional legislation; specific features of the provisions for the anti-corruption education as an instrument for fighting corruption in the regional anti-corruption legislation; quality evaluation for the legal category “anti-corruption education” in the Russian regional anti-corruption legislation. The main method is the method of comparative legal studies as well as the general scientific methods of structural and systemic analysis. The scientific novelty of the study is due to the fact that it is the first study in Russia, which is devoted to the critical analysis of the legal category “anti-corruption education”, which is widely used in the Russian regional anti-corruption legislation. The author provides a critical evaluation of the legal category of “anti-corruption education” in the Russian regional legislation. Then the author draws the following conclusions: 1. The regional anti-corruption legislation lacks legal definition, which could be used as a model for the normative legal acts regulating organization and implementation of anti-corruption education; 2. Regional legislators have various and contradictory understanding of the elements of anti-corruption education as an instrument for fighting corruption, its main goals and purposes; 3. The main reason for the inferior quality of the legal regulation of anti-corruption behavior with the regional legislators includes low level of their professional training, and the lack of the universal and uniform definition of the “anticorruption education” category, which could have been used in the regional law-making. 4. In order to improve the quality of legal regulation of anti-corruption education in the regional anti-corruption legislation there is need to develop and propose a legal category of “anti-corruption education”, and there is also need for the regional legislators to make relevant amendments into the regional anticorruption legislation.

Keywords: corruption, fighting corruption, anti-corruption policy, anti-corruption education, anti-corruption upbringing, anti-corruption world-view; anti-corruption competence, anti-corruption behavior, anti-corruption activities.