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MAIN PAGE > Journal "Police activity" > Contents of Issue ¹ 05/2015
Contents of Issue ¹ 05/2015
Question at hand
Saidov Z.A., Kurakin A.V. - Urgent problems of the police’s activities against administrative offences in the sphere of entrepreneurship

DOI:
10.7256/2454-0692.2015.5.16481

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of the police activities aimed at prevention of administrative offences in the economic sphere. The authors carry out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of legality provision. The article presents the authors’ positions on the concept of government regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of the police’s work in the sphere of entrepreneurial activities. The authors also carry out the theoretical and legal analysis of the notions of concepts of law and economy development in the current conditions. The article describes the authors’ positions on the interpretation and legal regulation of these categories. The methodological base of the article comprises the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that recently, in order to provide legality in the sphere of entrepreneurship, it is necessary to improve the forms and methods of administrative-legal activities of the police in this sphere. The main contribution of the authors is the conclusion about the necessity to develop administrative-legal regulation of the police’s activities aimed at prevention of violations in entrepreneurship. The novelty of the article lies in the suggestions about the development of forms and methods of Russian police’s work, and the provision of legal and organizational guarantees of legality in Russia’s economy.
Keywords: liability, delict, offence, police, regulation, entrepreneurship, economy, barrier, sphere, state
Saidov Z.A., Kurakin A.V. - Urgent problems of the police’s activities against administrative offences in the sphere of entrepreneurship pp. 257-275

DOI:
10.7256/2454-0692.2015.5.66917

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of the police activities aimed at prevention of administrative offences in the economic sphere. The authors carry out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of legality provision. The article presents the authors’ positions on the concept of government regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of the police’s work in the sphere of entrepreneurial activities. The authors also carry out the theoretical and legal analysis of the notions of concepts of law and economy development in the current conditions. The article describes the authors’ positions on the interpretation and legal regulation of these categories. The methodological base of the article comprises the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that recently, in order to provide legality in the sphere of entrepreneurship, it is necessary to improve the forms and methods of administrative-legal activities of the police in this sphere. The main contribution of the authors is the conclusion about the necessity to develop administrative-legal regulation of the police’s activities aimed at prevention of violations in entrepreneurship. The novelty of the article lies in the suggestions about the development of forms and methods of Russian police’s work, and the provision of legal and organizational guarantees of legality in Russia’s economy.
Keywords: liability, delict, offence, police, regulation, entrepreneurship, economy, barrier, sphere, state
Administrative activity of the police
Ruzin Y.V., Petrov V.E., Abasov M.M. - Peculiarities of installation and use of automatic photo-video fixation of rules of the road violation

DOI:
10.7256/2454-0692.2015.5.16484

Abstract: The article is aimed at the improvement of the traffic police’s work. The object of the research is automatic photo-video fixation of violations of the rules of the road. The subject of the research is the set of peculiarities of installation and application of stationary and mobile systems of photo- and video fixation by traffic police officers. The authors carry out the analysis of legal bases of use of technical means of rules of the road violation fixation. The authors compare the potential of various modern stationary and mobile complexes, systems and devices for the fixation of violations. This approach helps the authors to develop the methodology of installation and use of such complexes. The novelty of the article consists in generalization and comparison of the main characteristics of stationary and mobile complexes of automatic photo- and video fixation. The authors introduce the innovative methodology of use of automatic video fixation complexes. The proposed approach allows forecasting the need of this or that road network for the automatic photo-video fixation complexes, and increasing the efficiency of their use. The contained information and analytical material corresponds to the recent tendencies and innovations in the sphere of road traffic safety ensuring. 
Keywords: Code of Administrative Offences of the Russian Fed, road patrol service, traffic police, use of photo-video fixation complexes, hard and software complexes, mobile control systems, ratemeter, automatic photo-video fixation complexes, vehicle, administrative rules of the Ministry of Internal A
Ruzin Yu.V., Petrov V.E., Abasov M.M. - Peculiarities of installation and use of automatic photo-video fixation of rules of the road violation pp. 276-289

DOI:
10.7256/2454-0692.2015.5.66918

Abstract: The article is aimed at the improvement of the traffic police’s work. The object of the research is automatic photo-video fixation of violations of the rules of the road. The subject of the research is the set of peculiarities of installation and application of stationary and mobile systems of photo- and video fixation by traffic police officers. The authors carry out the analysis of legal bases of use of technical means of rules of the road violation fixation. The authors compare the potential of various modern stationary and mobile complexes, systems and devices for the fixation of violations. This approach helps the authors to develop the methodology of installation and use of such complexes. The novelty of the article consists in generalization and comparison of the main characteristics of stationary and mobile complexes of automatic photo- and video fixation. The authors introduce the innovative methodology of use of automatic video fixation complexes. The proposed approach allows forecasting the need of this or that road network for the automatic photo-video fixation complexes, and increasing the efficiency of their use. The contained information and analytical material corresponds to the recent tendencies and innovations in the sphere of road traffic safety ensuring. 
Keywords: Code of Administrative Offences of the Russian Fed, road patrol service, traffic police, use of photo-video fixation complexes, hard and software complexes, mobile control systems, ratemeter, automatic photo-video fixation complexes, vehicle, administrative rules of the Ministry of Internal A
Bombitskii A.M. - Theory of administrative liability and its realization in cases of violation of legislation on the contract system in the sphere of state and municipal purchasing

DOI:
10.7256/2454-0692.2015.5.16582

Abstract: The subject of the research is the range of legal and organizational problems of administrative liability application in the cases of violation of legislation on the contract system in the sphere of state and municipal purchasing. The author carries out the theoretical and legal analysis of the concepts of administrative activity. The paper presents the author’s positions on the concept of legal regulation of administrative activity. The main attention is paid to the development of methods and methodology of administrative-legal regulation of liability in administrative law. The methodology of the research comprises 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-logical), and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently in order to provide legality in the sphere of state and municipal purchasing, it is necessary to enhance the forms and methods of administrative-legal regulation of this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of liability in the sphere of state purchasing. The novelty of the research lies in the suggestions about the development of forms and methods of government regulation of administrative liability and the creation of legal and organizational guarantees of legality in the sphere of state purchasing. 
Keywords: work, system, auction, liability, purchasing, service, contract, needs, delivery, provision
Bombitskiy A.M. - Theory of administrative liability and its realization in cases of violation of legislation on the contract system in the sphere of state and municipal purchasing pp. 290-299

DOI:
10.7256/2454-0692.2015.5.66919

Abstract: The subject of the research is the range of legal and organizational problems of administrative liability application in the cases of violation of legislation on the contract system in the sphere of state and municipal purchasing. The author carries out the theoretical and legal analysis of the concepts of administrative activity. The paper presents the author’s positions on the concept of legal regulation of administrative activity. The main attention is paid to the development of methods and methodology of administrative-legal regulation of liability in administrative law. The methodology of the research comprises 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-logical), and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently in order to provide legality in the sphere of state and municipal purchasing, it is necessary to enhance the forms and methods of administrative-legal regulation of this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of liability in the sphere of state purchasing. The novelty of the research lies in the suggestions about the development of forms and methods of government regulation of administrative liability and the creation of legal and organizational guarantees of legality in the sphere of state purchasing. 
Keywords: work, system, auction, liability, purchasing, service, contract, needs, delivery, provision
Tadzhibov V.R. - Administrative Process in the Police Activities

DOI:
10.7256/2454-0692.2015.5.16595

Abstract: The subject of the article is the legal and organizational problems of administrative and procedural activities of the police. The author carries out the theoretical and legal analysis of the concepts of administrative proceedings and defines the prospects of its development from the position of administrative legal proceedings. The article provides the author’s positions on the notion of administrative-procedural activity in the sphere of internal affairs. The main attention is paid to the development of methods and methodology of administrative-legal regulation of procedural activities in the sphere of the interior. The author carries out the theoretical and legal analysis of the concepts of administrative-procedural law development. The methodology of the research is based on 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-logical), and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the sphere of the internal affairs it is necessary to enhance the procedural forms and methods of administrative-legal impact. The main contribution of the author is the conclusion about the necessity to develop the theory of administrative process. The novelty of the research lies in the suggestions about the development of forms and methods of procedural activities and the creation of legal and organizational guarantees of legality in the sphere of internal affairs. 
Keywords: jurisdiction, stage, procedure, regulations, proceedings, police, process, right, impact, activities
Tadzhibov V.R. - Administrative Process in the Police Activities pp. 300-310

DOI:
10.7256/2454-0692.2015.5.66920

Abstract: The subject of the article is the legal and organizational problems of administrative and procedural activities of the police. The author carries out the theoretical and legal analysis of the concepts of administrative proceedings and defines the prospects of its development from the position of administrative legal proceedings. The article provides the author’s positions on the notion of administrative-procedural activity in the sphere of internal affairs. The main attention is paid to the development of methods and methodology of administrative-legal regulation of procedural activities in the sphere of the interior. The author carries out the theoretical and legal analysis of the concepts of administrative-procedural law development. The methodology of the research is based on 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-logical), and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that at present in order to provide legality in the sphere of the internal affairs it is necessary to enhance the procedural forms and methods of administrative-legal impact. The main contribution of the author is the conclusion about the necessity to develop the theory of administrative process. The novelty of the research lies in the suggestions about the development of forms and methods of procedural activities and the creation of legal and organizational guarantees of legality in the sphere of internal affairs. 
Keywords: jurisdiction, stage, procedure, regulations, proceedings, police, process, right, impact, activities
Financial and economical functions of Russian Ministry of Internal Affairs authorities and institutions
Saidov Z.A. - Administrative (police) enforcement and incentives in the sphere of regulation of the economy

DOI:
10.7256/2454-0692.2015.5.16563

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of application of measures of compulsion and stimulation in the sphere of economics. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation. The article presents the author’s positions on the concept of government regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations. The author also carries out the theoretical and legal analysis of the notions of concepts of law and economy development in the current conditions. The article describes the author’s positions on the interpretation and legal regulation of these categories. The methodological base of the article comprises 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 logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently, in order to provide legality in the economic sphere, it is necessary to improve the forms and methods of administrative-legal regulation of the economy. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the article lies in the suggestions about the development of forms and methods of government regulation of the economy, and the provision of legal and organizational guarantees of legality in Russia’s economy. 
Keywords: development, stimulation, incentives, regulation, law, economy, impact, police, market, finance
Saidov Z.A. - Administrative (police) enforcement and incentives in the sphere of regulation of the economy pp. 311-324

DOI:
10.7256/2454-0692.2015.5.66921

Abstract: The subject of the article is the range of legal and organizational problems of administrative-legal regulation of application of measures of compulsion and stimulation in the sphere of economics. The author carries out the theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation. The article presents the author’s positions on the concept of government regulation of the economy. Special attention is paid to the development of methods and methodology of administrative-legal regulation of economic relations. The author also carries out the theoretical and legal analysis of the notions of concepts of law and economy development in the current conditions. The article describes the author’s positions on the interpretation and legal regulation of these categories. The methodological base of the article comprises 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 logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently, in order to provide legality in the economic sphere, it is necessary to improve the forms and methods of administrative-legal regulation of the economy. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the article lies in the suggestions about the development of forms and methods of government regulation of the economy, and the provision of legal and organizational guarantees of legality in Russia’s economy. 
Keywords: development, stimulation, incentives, regulation, law, economy, impact, police, market, finance
Lapina M.A., Karpukhin D.V. - Penalties for administrative offences in the sphere of economics and finance: analysis of legislation and ways of improvement

DOI:
10.7256/2454-0692.2015.5.16569

Abstract: The research focuses on the problems of application of administrative penalties and on the wide range of potential subjects of fines. There are no strict formal-legal criteria which could substantiate the reduction of a fine or its replacement with another, less tough, administrative sanction; subjects of administrative liability (legal entities and entrepreneurs) can be equally subjected to the punishment in the form of a fine regardless of their material condition. These problems lead to the shift of the purpose of a fine from the preventive to the pronouncedly punitive one, thus objectively hampering the development of entrepreneurship in the Russian Federation. This article is devoted to the analysis of the ways of these problems solving. The methodology of the research is based on the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, analysis, synthesis, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that recently in order to provide legality in the sphere of finance it is necessary to improve forms and methods of administrative-legal regulation of financial activities of the state. The main contribution of the authors is the conclusion about the necessity to develop administrative-legal regulation of financial safety. The novelty of the research lies in the suggestion about the development of forms and methods of government regulation in the sphere of finance and the provision of legal and organizational guarantees of legality in the financial sphere. 
Keywords: improvement, state, control, money, economy, sphere, legislation, finance, sanction, analysis
Lapina M.A., Karpukhin D.V. - Penalties for administrative offences in the sphere of economics and finance: analysis of legislation and ways of improvement pp. 325-342

DOI:
10.7256/2454-0692.2015.5.66922

Abstract: The research focuses on the problems of application of administrative penalties and on the wide range of potential subjects of fines. There are no strict formal-legal criteria which could substantiate the reduction of a fine or its replacement with another, less tough, administrative sanction; subjects of administrative liability (legal entities and entrepreneurs) can be equally subjected to the punishment in the form of a fine regardless of their material condition. These problems lead to the shift of the purpose of a fine from the preventive to the pronouncedly punitive one, thus objectively hampering the development of entrepreneurship in the Russian Federation. This article is devoted to the analysis of the ways of these problems solving. The methodology of the research is based on the recent achievements of epistemology. The authors apply the general philosophical and theoretical methods (dialectics, analysis, synthesis, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The authors conclude that recently in order to provide legality in the sphere of finance it is necessary to improve forms and methods of administrative-legal regulation of financial activities of the state. The main contribution of the authors is the conclusion about the necessity to develop administrative-legal regulation of financial safety. The novelty of the research lies in the suggestion about the development of forms and methods of government regulation in the sphere of finance and the provision of legal and organizational guarantees of legality in the financial sphere. 
Keywords: improvement, state, control, money, economy, sphere, legislation, finance, sanction, analysis
Police officer liability
Azhiba I. - Evolution of criminal liability for making vehicles and communication lines useless

DOI:
10.7256/2454-0692.2015.5.16580

Abstract: The subject of the research is the legal regulation of liability for making vehicles and communication lines useless, starting with the 1922 Criminal Code of RSFSR. The object of the research is the range of social relations appearing in the result of making vehicles and communication lines useless. The author pays special attention to the legislator’s attitude to this crime in different historical epochs. Thus the author attempts to trace back the evolution of criminal liability for such crimes. The methodology of the research comprises the general scientific methods: dialectical and historical-legal, and special methods: formal-logical, comparative-legal and the method of legal modeling. The author comes to the conclusion that the volume and the measure of punishment had been changing depending on the dynamics of this type of crime. In the author’s opinion, the current article of the Criminal Code of the Republic of Abkhazia on the recent stage of constructive development of the republic doesn’t cover the existing requirements of provision of a guaranteed protection of the society and appropriate punishment for the committed criminal acts. The author supposes it necessary to amend the respective legal acts in relation to illegal, socially dangerous actions. 
Keywords: article, punishment, making useless, communication lines, crime, dynamics, criminal liability, vehicles, evolution, legal act
Azhiba I.R. - Evolution of criminal liability for making vehicles and communication lines useless pp. 343-347

DOI:
10.7256/2454-0692.2015.5.66923

Abstract: The subject of the research is the legal regulation of liability for making vehicles and communication lines useless, starting with the 1922 Criminal Code of RSFSR. The object of the research is the range of social relations appearing in the result of making vehicles and communication lines useless. The author pays special attention to the legislator’s attitude to this crime in different historical epochs. Thus the author attempts to trace back the evolution of criminal liability for such crimes. The methodology of the research comprises the general scientific methods: dialectical and historical-legal, and special methods: formal-logical, comparative-legal and the method of legal modeling. The author comes to the conclusion that the volume and the measure of punishment had been changing depending on the dynamics of this type of crime. In the author’s opinion, the current article of the Criminal Code of the Republic of Abkhazia on the recent stage of constructive development of the republic doesn’t cover the existing requirements of provision of a guaranteed protection of the society and appropriate punishment for the committed criminal acts. The author supposes it necessary to amend the respective legal acts in relation to illegal, socially dangerous actions. 
Keywords: article, punishment, making useless, communication lines, crime, dynamics, criminal liability, vehicles, evolution, legal act
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