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MAIN PAGE > Journal "Police activity" > Contents of Issue ¹ 04/2015
Contents of Issue ¹ 04/2015
The police and protection of human rights
Patrikeev P.A., Ostroushko A.V. - On the necessity of international restriction of confidential information collection by special services

DOI:
10.7256/2454-0692.2015.4.16213

Abstract: The problem of personal data protection has become particularly urgent in the light of the recent disclosure of facts of mass spying on the Internet users by special services. The authors of the article study the work of the NSA with confidential information of the Americans and the citizens of other countries in order to reveal personal information security threats, the main problems of the right to privacy observance in the activities of government services and the ways to solve them. The authors apply the set of general scientific and special methods of socio-legal reality cognition. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. The comparative-legal approach is used as a special scientific method. The purpose of personal information security improvement requires a range of measures aimed at the effective protection of personal data and metadata. The authors conclude that the peculiarities of the modern transboundary data transmission and telecommunication networks organization reduce the efficiency of national legislation in the sphere of citizens’ personal data protection. In this situation these issues should be urgently regulated by the international law. 
Keywords: international law, restrictions, collection of information, metadata, special services, Internet, confidential information, privacy, national security, Edward Snowden
Patrikeev P.A., Ostroushko A.V. - On the necessity of international restriction of confidential information collection by special services pp. 189-197

DOI:
10.7256/2454-0692.2015.4.66862

Abstract: The problem of personal data protection has become particularly urgent in the light of the recent disclosure of facts of mass spying on the Internet users by special services. The authors of the article study the work of the NSA with confidential information of the Americans and the citizens of other countries in order to reveal personal information security threats, the main problems of the right to privacy observance in the activities of government services and the ways to solve them. The authors apply the set of general scientific and special methods of socio-legal reality cognition. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. The comparative-legal approach is used as a special scientific method. The purpose of personal information security improvement requires a range of measures aimed at the effective protection of personal data and metadata. The authors conclude that the peculiarities of the modern transboundary data transmission and telecommunication networks organization reduce the efficiency of national legislation in the sphere of citizens’ personal data protection. In this situation these issues should be urgently regulated by the international law. 
Keywords: international law, restrictions, collection of information, metadata, special services, Internet, confidential information, privacy, national security, Edward Snowden
Financial and economical functions of Russian Ministry of Internal Affairs authorities and institutions
Saidov Z.A. - Administrative-legal means of ensuring economic security

DOI:
10.7256/2454-0692.2015.4.16292

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of the economy. The author carries out theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety provision. The article demonstrates the author's position on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of safety of economic relations. In addition, the article presents theoretical and legal analysis of the concepts of law and economics development in modern conditions. The paper presents the author's position on the interpretation and legal regulation of these categories. The methodological basis of the article consists of the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert evaluation, etc.).The author concludes thet at present in order to provide law and order in the economic sphere it is necessary to improve the forms and methods of administrative and legal provision of its safety. The main contribution of the author is the statement about the need for the development of administrative-legal regulation of economic safety. The author proposes the ways of development of forms and methods of state regulation of the economy, and of creation of legal and institutional guarantees of legality in the economy of our country.
Keywords: official, barrier, corruption, economic, economy, means, risk, regulation, safety, state
Saidov Z.A. - Administrative-legal means of ensuring economic security pp. 198-209

DOI:
10.7256/2454-0692.2015.4.66863

Abstract: The article focuses on legal and organizational problems of administrative-legal regulation of the economy. The author carries out theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of its safety provision. The article demonstrates the author's position on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of safety of economic relations. In addition, the article presents theoretical and legal analysis of the concepts of law and economics development in modern conditions. The paper presents the author's position on the interpretation and legal regulation of these categories. The methodological basis of the article consists of the recent achievements of epistemology. The author applies 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 of special sociological research (the statistical methods, expert evaluation, etc.).The author concludes thet at present in order to provide law and order in the economic sphere it is necessary to improve the forms and methods of administrative and legal provision of its safety. The main contribution of the author is the statement about the need for the development of administrative-legal regulation of economic safety. The author proposes the ways of development of forms and methods of state regulation of the economy, and of creation of legal and institutional guarantees of legality in the economy of our country.
Keywords: official, barrier, corruption, economic, economy, means, risk, regulation, safety, state
The police and issues in the fight against corruption
Karpov E.A. - On some issues of combating corruption in the Internal Affairs bodies

DOI:
10.7256/2454-0692.2015.4.15700

Abstract: The article deals with criminological, legal and administrative measures of corruption-related crimes combating. The object of the research is the range of public relations arising during the prevention of corruption-related crimes. The subject of the study includes the measures against corruption-related crimes. The author considers the content of corruption in law-enforcement bodies, the measures to prevent corruption-related crimes, especially corruption in law-enforcement bodies. The aim of the study is to reveal the main causes of corruption crimes and to develop proposals for a system of measures to counter corruption in the system of the Interior. The author applies the dialectical method of research, the method of comparative study, analysis and deduction. The article presents the complex study of measures of corruption combating in the internal affairs bodies. The authors offer concrete measures aimed at reduction of corruption-related crimes in the system of the Ministry of Internal Affairs. The study of corruption-related crimes in the internal affairs bodies shoes a close interrelation of economic and moral and ethical reasons of corruption. The level of corruption is especially influenced by the moral and ethical crisis of the society, the low salary rates relative to the complexity and intensity of work and hard economic conditions of the police officers. 
Keywords: official, factors of criminality, forgery, acception of a bribe, internal affairs bodies, police officer, corruption, ethic norms, public servant, preventive measures
Karpov E.A. - On some issues of combating corruption in the Internal Affairs bodies pp. 210-217

DOI:
10.7256/2454-0692.2015.4.66864

Abstract: The article deals with criminological, legal and administrative measures of corruption-related crimes combating. The object of the research is the range of public relations arising during the prevention of corruption-related crimes. The subject of the study includes the measures against corruption-related crimes. The author considers the content of corruption in law-enforcement bodies, the measures to prevent corruption-related crimes, especially corruption in law-enforcement bodies. The aim of the study is to reveal the main causes of corruption crimes and to develop proposals for a system of measures to counter corruption in the system of the Interior. The author applies the dialectical method of research, the method of comparative study, analysis and deduction. The article presents the complex study of measures of corruption combating in the internal affairs bodies. The authors offer concrete measures aimed at reduction of corruption-related crimes in the system of the Ministry of Internal Affairs. The study of corruption-related crimes in the internal affairs bodies shoes a close interrelation of economic and moral and ethical reasons of corruption. The level of corruption is especially influenced by the moral and ethical crisis of the society, the low salary rates relative to the complexity and intensity of work and hard economic conditions of the police officers. 
Keywords: official, factors of criminality, forgery, acception of a bribe, internal affairs bodies, police officer, corruption, ethic norms, public servant, preventive measures
Bukalerova L.A., Pitikin R.A. - Correlation of official forgery with other crimes

DOI:
10.7256/2454-0692.2015.4.16198

Abstract: The subject of the research is official forgery, the most widespread crime against public authority, interests of public service and local authorities. Its share in the period of 1997 – 2015 was from 28,2 to 34,2%. The studied law-enforcement practice shows that illegal turnover of official documents is very often combined with other types of crimes. It should be admitted that various crimes cause specific and heterogeneous forms of documents forgery, therefore each particular case requires not only the comparison of the signs of forgery as an independent crime, but also the investigation of other peculiarities of the deed. The authors apply the comparative-legal method to analyze a wide range of materials, scientific literature and printed media. The formal-legal method helps to formulate the authors’ definitions. The authors suppose that the publishing, keeping, protection and issue of official documents are the main functions of officials, public servants and local authorities’ servants. The deeds of officials who had committed official documents forgery using their authority against the interests of their service, in their personal interests, which caused significant violation of rights and interests of other citizens or organizations, or the protected by the law interests of the society or the state, should not be considered as a competition of a general and a special rule, but should be qualified in the totality of articles 285 and 292 of the Criminal Code of the Russian Federation. 
Keywords: malfeasance, officials, cumulative offenses, qualification of crimes, crime, forgery, corruption, official documents, false documents, abuse of authority
Bukalerova L.A., Pitikin R.A. - Correlation of official forgery with other crimes pp. 218-229

DOI:
10.7256/2454-0692.2015.4.66865

Abstract: The subject of the research is official forgery, the most widespread crime against public authority, interests of public service and local authorities. Its share in the period of 1997 – 2015 was from 28,2 to 34,2%. The studied law-enforcement practice shows that illegal turnover of official documents is very often combined with other types of crimes. It should be admitted that various crimes cause specific and heterogeneous forms of documents forgery, therefore each particular case requires not only the comparison of the signs of forgery as an independent crime, but also the investigation of other peculiarities of the deed. The authors apply the comparative-legal method to analyze a wide range of materials, scientific literature and printed media. The formal-legal method helps to formulate the authors’ definitions. The authors suppose that the publishing, keeping, protection and issue of official documents are the main functions of officials, public servants and local authorities’ servants. The deeds of officials who had committed official documents forgery using their authority against the interests of their service, in their personal interests, which caused significant violation of rights and interests of other citizens or organizations, or the protected by the law interests of the society or the state, should not be considered as a competition of a general and a special rule, but should be qualified in the totality of articles 285 and 292 of the Criminal Code of the Russian Federation. 
Keywords: malfeasance, officials, cumulative offenses, qualification of crimes, crime, forgery, corruption, official documents, false documents, abuse of authority
Informational support of the police
Kabanov P.A. - Aged victims of Russian criminality: analysis of victimological statistics for 2014

DOI:
10.7256/2454-0692.2015.4.16330

Abstract: The research focuses on elderly people who became victims of offences of different types, committed against them. The aim of the study is to assess the share and the structure of aged victims in the whole amount of registered victims of crimes according to the official victimological statistics of the Ministry of Internal Affairs of the Russian Federation. The tasks of the research are: a) to define the share of aged victims as a negative consequence of criminality; b) to the define the structure of aged victims in this category according to the sex. The methodology is based on dialectical materialism and the general scientific methods of analysis, synthesis and comparison. For the first time in modern criminology the author reveals the share of aged victims in the whole amount of victims of crimes on the base of official departmental statistical data, and defines the structure of aged victims of Russian criminality and the main types of crimes aged people suffer from. 
Keywords: victimological statistics, victimization, gerontology, criminality, Criminology, victimology, Victim, aged victims, registered victims, criminal gerontology
Kabanov P.A. - Aged victims of Russian criminality: analysis of victimological statistics for 2014 pp. 230-241

DOI:
10.7256/2454-0692.2015.4.66866

Abstract: The research focuses on elderly people who became victims of offences of different types, committed against them. The aim of the study is to assess the share and the structure of aged victims in the whole amount of registered victims of crimes according to the official victimological statistics of the Ministry of Internal Affairs of the Russian Federation. The tasks of the research are: a) to define the share of aged victims as a negative consequence of criminality; b) to the define the structure of aged victims in this category according to the sex. The methodology is based on dialectical materialism and the general scientific methods of analysis, synthesis and comparison. For the first time in modern criminology the author reveals the share of aged victims in the whole amount of victims of crimes on the base of official departmental statistical data, and defines the structure of aged victims of Russian criminality and the main types of crimes aged people suffer from. 
Keywords: victimological statistics, victimization, gerontology, criminality, Criminology, victimology, Victim, aged victims, registered victims, criminal gerontology
Professional training of police officers
Nafikova G.I. - Deficit of knowledge about narcotic substances as a prerequisite of their proliferation, and the questions of narcomania prevention

DOI:
10.7256/2454-0692.2015.4.12750

Abstract: The subject of the research is the range of problems of drug addiction prevention by means of legal education of the youth, particularly, by filling in the gaps of knowledge about narcotic substances, their use and its consequences. The author claims that by the present day our society has lost the whole generation of young people because of a harmful effect of drugs. The author supposes that the systematic study of prophylaxis can help to reveal the age when people start using drags, the milieu which furthers the development of this habit, the categories of youth, etc. The author applies the statistical method helping to analyze the frequency of drug use among the youth; the methods of analysis and generalization help to develop common mechanisms of prevention. Having systematically studied these processes of narcomania, the author formulates the list of unsettled problems and offers the ways to solve them. The emphasis is laid on the absence of medical and rehabilitation infrastructure in the country which could also raise the effectiveness of narcomania treatment and prophylaxis on early stages.  
Keywords: drugs, drug addicts, prevention, youth, rehabilitation, behavior, motivation, education, habit, family
Nafikova G.A. - Deficit of knowledge about narcotic substances as a prerequisite of their proliferation, and the questions of narcomania prevention pp. 242-249

DOI:
10.7256/2454-0692.2015.4.66867

Abstract: The subject of the research is the range of problems of drug addiction prevention by means of legal education of the youth, particularly, by filling in the gaps of knowledge about narcotic substances, their use and its consequences. The author claims that by the present day our society has lost the whole generation of young people because of a harmful effect of drugs. The author supposes that the systematic study of prophylaxis can help to reveal the age when people start using drags, the milieu which furthers the development of this habit, the categories of youth, etc. The author applies the statistical method helping to analyze the frequency of drug use among the youth; the methods of analysis and generalization help to develop common mechanisms of prevention. Having systematically studied these processes of narcomania, the author formulates the list of unsettled problems and offers the ways to solve them. The emphasis is laid on the absence of medical and rehabilitation infrastructure in the country which could also raise the effectiveness of narcomania treatment and prophylaxis on early stages.  
Keywords: drugs, drug addicts, prevention, youth, rehabilitation, behavior, motivation, education, habit, family
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