DOI: 10.7256/2454-0692.2016.3.18403

Abstract: Counterfeit goods production and selling increases annually, becoming organized and transnational, it threats economic security of the Russian Federation. The responsibility for illegal use of means of identification is provided by civil, administrative and criminal legislation. Obviously, the leading role in struggle against legislation violations is played by criminal law. At the same time, the criminal legal provision, imposing liability for illegal use of means of identification of goods and services (article 180 of the Criminal Code of the Russian Federation), can hardly be called effective. In the author’s opinion, its poor effectiveness is conditioned by the complexity of interpretation of the constituent features. The study is devoted to the repeatedness of the crime under consideration, which is one of the most uncertain and important features of the objective aspect of this crime. The research methodology is based on general scientific methods of cognition including analysis, synthesis and the formal-logical method, and special methods including technical and dogmatic, and the instruments of legal hermeneutics. Repeatedness has a constituent meaning for the objective aspect of the crime, specified by the article 180 of the Criminal Code of the Russian Federation, but its interpretation causes discussions among scientists and practicing lawyers. It’s not surprising, given that the repeatedness feature can be understood in different ways within the criminal law theory and investigation and judicial practice, and the prosecution of the accused depends on determining the fact of this feature. The article presents different understandings of the repeatedness feature, and provides for the author’s interpretation of this notion. 

Keywords: means of identification, trade mark, criminal law, crime, composition of crime, objective aspect, repeatedness, interpretation of law, intellectual property, unethical competition

DOI: 10.7256/2454-0692.2016.3.67709

Abstract: Counterfeit goods production and selling increases annually, becoming organized and transnational, it threats economic security of the Russian Federation. The responsibility for illegal use of means of identification is provided by civil, administrative and criminal legislation. Obviously, the leading role in struggle against legislation violations is played by criminal law. At the same time, the criminal legal provision, imposing liability for illegal use of means of identification of goods and services (article 180 of the Criminal Code of the Russian Federation), can hardly be called effective. In the author’s opinion, its poor effectiveness is conditioned by the complexity of interpretation of the constituent features. The study is devoted to the repeatedness of the crime under consideration, which is one of the most uncertain and important features of the objective aspect of this crime. The research methodology is based on general scientific methods of cognition including analysis, synthesis and the formal-logical method, and special methods including technical and dogmatic, and the instruments of legal hermeneutics. Repeatedness has a constituent meaning for the objective aspect of the crime, specified by the article 180 of the Criminal Code of the Russian Federation, but its interpretation causes discussions among scientists and practicing lawyers. It’s not surprising, given that the repeatedness feature can be understood in different ways within the criminal law theory and investigation and judicial practice, and the prosecution of the accused depends on determining the fact of this feature. The article presents different understandings of the repeatedness feature, and provides for the author’s interpretation of this notion. 

Keywords: means of identification, trade mark, criminal law, crime, composition of crime, objective aspect, repeatedness, interpretation of law, intellectual property, unethical competition

DOI: 10.7256/2454-0692.2016.3.16690

Abstract: The research subject is the complex study of the practice of consideration of administrative and criminal offences by the European Court of Human Rights in the context of its potential impact on the optimization of the national criminal and administrative punishments. Special attention is paid to the analysis of the possible ways of decriminalization of criminal sanctions in the decisions of the ECHR using the example of the case of Engel, and the necessity to take into consideration the national administrative and criminal law system classifying illegal actions on the base of the principle of their social danger. The research methodology comprises the modern achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.), and the comparative method. The author concludes that at present, in order to effectively optimize criminal and legal sanctions in the sphere of finance, it is necessary to apply the complex approach based on the practice of the European Court of Human Rights and the established doctrinal provisions about legal liability in the national system of law. The author offers to use the practice of the European Court of Human Rights, particularly the case of Engel, for improving the system of criminal and administrative sanctions established by the Russian legislation. The study is based on the results of the research funded by the agreement in the sphere of scientific research of the Financial University for 2015; the author uses the ConsultantPlus System. 

Keywords: practice , analysis, improvement, precedent , administrative prejudice , economy, fine , sphere, legislation, sanction

DOI: 10.7256/2454-0692.2016.3.67710

Abstract: The research subject is the complex study of the practice of consideration of administrative and criminal offences by the European Court of Human Rights in the context of its potential impact on the optimization of the national criminal and administrative punishments. Special attention is paid to the analysis of the possible ways of decriminalization of criminal sanctions in the decisions of the ECHR using the example of the case of Engel, and the necessity to take into consideration the national administrative and criminal law system classifying illegal actions on the base of the principle of their social danger. The research methodology comprises the modern achievements in epistemology. The author applies general scientific and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.), and the comparative method. The author concludes that at present, in order to effectively optimize criminal and legal sanctions in the sphere of finance, it is necessary to apply the complex approach based on the practice of the European Court of Human Rights and the established doctrinal provisions about legal liability in the national system of law. The author offers to use the practice of the European Court of Human Rights, particularly the case of Engel, for improving the system of criminal and administrative sanctions established by the Russian legislation. The study is based on the results of the research funded by the agreement in the sphere of scientific research of the Financial University for 2015; the author uses the ConsultantPlus System. 

Keywords: practice, analysis, improvement, precedent, administrative prejudice, economy, fine, sphere, legislation, sanction

DOI: 10.7256/2454-0692.2016.3.17003

Abstract: The research object is the range of social relations appearing in the sphere of registration of citizens of the Russian Federation. The research subject includes the provisions of the Constitution of the Russian Federation related to the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation and the provisions of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation” which, in the author’s opinion, restrict the abovementioned right. The purpose of this article is to define the essence and the social function of registration, to analyze administrative-legal regulation of registration as a government activity aimed at fixation and generalization of notifying information about the citizens for the purpose of ensuring the necessary conditions for exercising of rights and freedoms by the citizens and fulfilling their duties to other citizens, the state and the society, and clarifying the reasonability of registration as a form of the citizens’ constitutional rights to freedom of movement and choice of place of stay and residence restriction. The research methodology is based on the dialectical approach together with the critical analysis of the imperfections of the current legislation in the sphere of registration. Moreover, the author applies the comparative-legal and the formal-logical methods. The scientific novelty of the study consists in the attempt at a complex analysis of the provisions of the current legislation in the sphere of registration. The author concludes that registration in democratic states, which Russia according to its constitution belongs to, shouldn’t be a form of restriction of the right of law-abiding citizens to freedom of movement and choice of place of stay and residence within the country. A notifying character of registration should exclude administrative liability for the absence of registration for law-abiding citizens and at the same time it should oblige the persons of no fixed abode and the persons potentially dangerous for the society and the state to register at their place of stay without any delay. The control over the performance of this obligation should be carried out by the Federal Migration Service bodies and the internal affairs bodies.

Keywords: passport system, freedom of movement, registration system, registration agency, internal migration, place of residence, place of stay, dwelling premise, registration, registration

DOI: 10.7256/2454-0692.2016.3.67711

Abstract: The research object is the range of social relations appearing in the sphere of registration of citizens of the Russian Federation. The research subject includes the provisions of the Constitution of the Russian Federation related to the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation and the provisions of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement and choice of place of stay and residence within the Russian Federation” which, in the author’s opinion, restrict the abovementioned right. The purpose of this article is to define the essence and the social function of registration, to analyze administrative-legal regulation of registration as a government activity aimed at fixation and generalization of notifying information about the citizens for the purpose of ensuring the necessary conditions for exercising of rights and freedoms by the citizens and fulfilling their duties to other citizens, the state and the society, and clarifying the reasonability of registration as a form of the citizens’ constitutional rights to freedom of movement and choice of place of stay and residence restriction. The research methodology is based on the dialectical approach together with the critical analysis of the imperfections of the current legislation in the sphere of registration. Moreover, the author applies the comparative-legal and the formal-logical methods. The scientific novelty of the study consists in the attempt at a complex analysis of the provisions of the current legislation in the sphere of registration. The author concludes that registration in democratic states, which Russia according to its constitution belongs to, shouldn’t be a form of restriction of the right of law-abiding citizens to freedom of movement and choice of place of stay and residence within the country. A notifying character of registration should exclude administrative liability for the absence of registration for law-abiding citizens and at the same time it should oblige the persons of no fixed abode and the persons potentially dangerous for the society and the state to register at their place of stay without any delay. The control over the performance of this obligation should be carried out by the Federal Migration Service bodies and the internal affairs bodies.

Keywords: passport system, freedom of movement, registration system, registration agency, internal migration, place of residence, place of stay, dwelling premise, registration, registration

DOI: 10.7256/2454-0692.2016.3.17331

Abstract: The research subject is the system of administrative-legal provisions in the mechanism of legal ensuring of the activities of internal affairs bodies. The research object is social relations. The author considers the issues of juvenile delinquency prevention using the example of internal affairs bodies since the early 20th century. The theoretical importance of the considered problems consists in the specification of certain notions of administrative-legal science which helps to reveal the new elements of organization and legal provision of internal affairs bodies which haven’t been taken into account so far. The author defines the peculiarity of the police’s activities in the mechanism of juvenile delinquency prevention. The research methodology is based on the system, structural-functional and formal-logical methods. The author applies the logical-legal method. The novelty of the study lies in the author’s approach to the study of the means, forms, and limits of administrative-legal characteristic of the internal affairs bodies’ activity aimed at juvenile delinquency prevention. The author proposes a new conclusion about the character of legal prevention of juvenile delinquency by internal affairs bodies, and the impossibility to reduce it to a mere law enforcement meaning. 

Keywords: legality, responsibility, offender, commission, subject, juvenile delinquencies, internal affairs bodies, police, society, administrative-legal status

DOI: 10.7256/2454-0692.2016.3.67712

Abstract: The research subject is the system of administrative-legal provisions in the mechanism of legal ensuring of the activities of internal affairs bodies. The research object is social relations. The author considers the issues of juvenile delinquency prevention using the example of internal affairs bodies since the early 20th century. The theoretical importance of the considered problems consists in the specification of certain notions of administrative-legal science which helps to reveal the new elements of organization and legal provision of internal affairs bodies which haven’t been taken into account so far. The author defines the peculiarity of the police’s activities in the mechanism of juvenile delinquency prevention. The research methodology is based on the system, structural-functional and formal-logical methods. The author applies the logical-legal method. The novelty of the study lies in the author’s approach to the study of the means, forms, and limits of administrative-legal characteristic of the internal affairs bodies’ activity aimed at juvenile delinquency prevention. The author proposes a new conclusion about the character of legal prevention of juvenile delinquency by internal affairs bodies, and the impossibility to reduce it to a mere law enforcement meaning. 

Keywords: legality, responsibility, offender, commission, subject, juvenile delinquencies, internal affairs bodies, police, society, administrative-legal status

DOI: 10.7256/2454-0692.2016.3.18397

Abstract: Administrative suspension of activity is an effective preventive measure that encourages participants of social relations in their rights and legitimate interests realization to act in a full compliance with the language of law. Administrative offences in the field of construction are quite often punished by administrative suspension of activity. Since suspension of activities in certain cases is preventive in its nature, and therefore can't be qualified as an administrative punishment, it is necessary to consider the conditions, peculiarities and the procedure of imposition of administrative suspension of activity for the offences in the sphere of construction. Such offences, according to the general rule, are considered according to the standard legislative requirements related to the procedure. In order to prevent an administrative offence, identify the offender, draw up a protocol or conduct a trial, provisional measures can be used. Provisional measures as procedural actions, performed by the authorized persons, are actively used when considering administrative offences in the sphere of construction. Provisional measures are targeted, but at the same time they don’t allow for restriction of rights and freedoms of the person and invasion of privacy. The author of the study pays attention to the particular provisional measures used by the authorized agencies in the case of the committed offence, reveals the problems and difficulties of administrative proceedings in the sphere of construction. 

Keywords: provisional measures , suspensive veto, administrative suspension of activity, offence, proceedings, authorized agencies, protocol, administrative punishment, construction, administrative coercion

DOI: 10.7256/2454-0692.2016.3.67713

Abstract: Administrative suspension of activity is an effective preventive measure that encourages participants of social relations in their rights and legitimate interests realization to act in a full compliance with the language of law. Administrative offences in the field of construction are quite often punished by administrative suspension of activity. Since suspension of activities in certain cases is preventive in its nature, and therefore can't be qualified as an administrative punishment, it is necessary to consider the conditions, peculiarities and the procedure of imposition of administrative suspension of activity for the offences in the sphere of construction. Such offences, according to the general rule, are considered according to the standard legislative requirements related to the procedure. In order to prevent an administrative offence, identify the offender, draw up a protocol or conduct a trial, provisional measures can be used. Provisional measures as procedural actions, performed by the authorized persons, are actively used when considering administrative offences in the sphere of construction. Provisional measures are targeted, but at the same time they don’t allow for restriction of rights and freedoms of the person and invasion of privacy. The author of the study pays attention to the particular provisional measures used by the authorized agencies in the case of the committed offence, reveals the problems and difficulties of administrative proceedings in the sphere of construction. 

Keywords: provisional measures, suspensive veto, administrative suspension of activity, offence, proceedings, authorized agencies, protocol, administrative punishment, construction, administrative coercion

DOI: 10.7256/2454-0692.2016.3.17080

Abstract: The research subject covers the patterns of the accused persons involvement in cooperation using a plea deal in the context of one of criminalistic categories – a tactical operation. A tactical operation is aimed not only at solving the tasks of identifying the circumstances serving as evidences in criminal cases of various categories, but also at reaching a compromise with the defense and involving the accused in cooperation using a plea deal. The research object comprises social relations appearing in the process of investigating and solving cases, including those appearing between the investigator and the accused and other persons involved in a tactical operation. The author applies the set of general scientific and specific methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction, and other research methods. The novelty of the study lies in the attempt to solve the problems connected with the formation of the system of a complex tactical provision of investigator’s activity aimed at a more rational use of the provisions about a special procedure of a plea deal establishing during criminal investigations. The author analyzes the tactical operations doctrine and outlines the structure and the content of the considered tactical operation. 

Keywords: interaction, tactics , planning, tactical and forensic provision, accused, investigator, plea deal, tactical operation, preliminary investigation, involving in cooperation

DOI: 10.7256/2454-0692.2016.3.67714

Abstract: The research subject covers the patterns of the accused persons involvement in cooperation using a plea deal in the context of one of criminalistic categories – a tactical operation. A tactical operation is aimed not only at solving the tasks of identifying the circumstances serving as evidences in criminal cases of various categories, but also at reaching a compromise with the defense and involving the accused in cooperation using a plea deal. The research object comprises social relations appearing in the process of investigating and solving cases, including those appearing between the investigator and the accused and other persons involved in a tactical operation. The author applies the set of general scientific and specific methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction, and other research methods. The novelty of the study lies in the attempt to solve the problems connected with the formation of the system of a complex tactical provision of investigator’s activity aimed at a more rational use of the provisions about a special procedure of a plea deal establishing during criminal investigations. The author analyzes the tactical operations doctrine and outlines the structure and the content of the considered tactical operation. 

Keywords: interaction, tactics, planning, tactical and forensic provision, accused, investigator, plea deal, tactical operation, preliminary investigation, involving in cooperation

DOI: 10.7256/2454-0692.2016.3.19060

Abstract: The research subject is the legal regime of initiation of a criminal case on the base of the materials of operational investigations. The paper analyzes the provisions of the existing criminal legislation and the legislation regulating operational investigations of law enforcement agencies. The research object is the range of social relations appearing on the stage of initiation of a criminal case when analyzing the reason for initiating a preliminary investigation on the base of the data acquired in the result of operational investigations. Special attention is paid to the concept of such a reason for initiation of a criminal case as a report of an official about the elements of crime. The author applies the set of general scientific and special methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction and other research methods. The novelty of the study consists in the proposals about the development of forms and methods of legal regulation of the mechanism of initiation of a criminal case on the base of the materials of operational investigations. The author concludes that the procedural peculiarities of initiation of a criminal case on the base of operational investigation results are connected with collecting various operational documents (reports, certificates, acts, copies of official documents, and other materials reflecting criminal activity of the persons under investigation) using scientific and technological instruments.  The persons involved in these documents collecting can be later interrogated as the witnesses in a criminal case. It will increase the validity of the collected evidential base and guarantee the operational information transformation into evidences and their use in criminal proceedings. The author declares the necessity to develop legal regulation of use of the materials, collected during investigational operations, in criminal proceedings.   

Keywords: initiation of a criminal case, operational search activity, operational investigations, reason, ground, elements of crime, preliminary investigation, pre-investigation check, operative documenting , evidential base

DOI: 10.7256/2454-0692.2016.3.67715

Abstract: The research subject is the legal regime of initiation of a criminal case on the base of the materials of operational investigations. The paper analyzes the provisions of the existing criminal legislation and the legislation regulating operational investigations of law enforcement agencies. The research object is the range of social relations appearing on the stage of initiation of a criminal case when analyzing the reason for initiating a preliminary investigation on the base of the data acquired in the result of operational investigations. Special attention is paid to the concept of such a reason for initiation of a criminal case as a report of an official about the elements of crime. The author applies the set of general scientific and special methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction and other research methods. The novelty of the study consists in the proposals about the development of forms and methods of legal regulation of the mechanism of initiation of a criminal case on the base of the materials of operational investigations. The author concludes that the procedural peculiarities of initiation of a criminal case on the base of operational investigation results are connected with collecting various operational documents (reports, certificates, acts, copies of official documents, and other materials reflecting criminal activity of the persons under investigation) using scientific and technological instruments.  The persons involved in these documents collecting can be later interrogated as the witnesses in a criminal case. It will increase the validity of the collected evidential base and guarantee the operational information transformation into evidences and their use in criminal proceedings. The author declares the necessity to develop legal regulation of use of the materials, collected during investigational operations, in criminal proceedings.   

Keywords: initiation of a criminal case, operational search activity, operational investigations, reason, ground, elements of crime, preliminary investigation, pre-investigation check, operative documenting, evidential base

DOI: 10.7256/2454-0692.2016.3.18372

Abstract: The authors consider disputable questions about the subject of the science of criminalistics. The paper contains a brief analysis of the scholars’ positions on the notion of the “subject” of this science, and of the masters and bachelors of criminalistics education in the contemporary Russian Federation. The processes taking place in criminal and criminal procedural legislation need for a comprehension; they are important for criminalistics as far as they affect its subject. The research methodology is based on the analysis of the existing views of the concept of the “subject” of criminalistics in the historical development. The novelty of the study lies in the discussion about the scientific role of or a common sense theory in criminalistics. Criminalistics as a science is aimed at elaboration and systematization of objective knowledge about the laws of emergence, detection, research, evaluation and use of the factual data (traces) about the mechanism of a crime and its participants. 

Keywords: investigation, information, study of traces, evidence, research, education system, knowledge, competences, criminal activity, subject of criminalistics

DOI: 10.7256/2454-0692.2016.3.67716

Abstract: The authors consider disputable questions about the subject of the science of criminalistics. The paper contains a brief analysis of the scholars’ positions on the notion of the “subject” of this science, and of the masters and bachelors of criminalistics education in the contemporary Russian Federation. The processes taking place in criminal and criminal procedural legislation need for a comprehension; they are important for criminalistics as far as they affect its subject. The research methodology is based on the analysis of the existing views of the concept of the “subject” of criminalistics in the historical development. The novelty of the study lies in the discussion about the scientific role of or a common sense theory in criminalistics. Criminalistics as a science is aimed at elaboration and systematization of objective knowledge about the laws of emergence, detection, research, evaluation and use of the factual data (traces) about the mechanism of a crime and its participants. 

Keywords: investigation, information, study of traces, evidence, research, education system, knowledge, competences, criminal activity, subject of criminalistics

DOI: 10.7256/2454-0692.2016.3.18655

Abstract: The research subject includes the modern methods of forensic enquiry. The research object is forensic enquiry. The author considers such aspects as the modern methodology of expert studies and the differentiation of the levels of expert knowledge. The author points out the ways to solve methodological problems connected with a diversity of forensic expertise, taking into account that each expertise is a part of a corresponding science, and the forensic expertise classes are defined on the base of the sciences differentiation. The paper differentiates the levels of methodology of forensic expertise: the philosophical, including the general principles of cognition and the categorial structure; the general scientific principles and forms of study, formal theories of methodology, and the scientific methodology as a set of methods, approaches and search procedures applied in criminalistics; the last level of methodology includes the very methods and techniques of study including the set of procedures ensuring the comparability and validity of empiric materials, their processing and registering in the common knowledge. The research methodology is based on the doctrinal sources of the Soviet and the modern periods from the position of the general methodology of the theory of law and criminalistics. The author reveals the analogy with general scientific approaches with the following sequence: philosophical methodology, methods and techniques of expertise. The paper contains the author’s vision of the methodology of forensic expertise as a scientific doctrine of methods, instruments, structure and logical organization of expertise. The novelty of the study lies in the ranking of subject methods of forensic expertise which lie on another specific level of methodological knowledge – the level of research methods and techniques. The paper contains the comparison of the system of scientific methods of forensic expertise. 

Keywords: forensic expertise, theory of expertise, forensic expert, forensic, research, group of methods, criminalistics, expertise methods, expert activity, expertise

DOI: 10.7256/2454-0692.2016.3.67717

Abstract: The research subject includes the modern methods of forensic enquiry. The research object is forensic enquiry. The author considers such aspects as the modern methodology of expert studies and the differentiation of the levels of expert knowledge. The author points out the ways to solve methodological problems connected with a diversity of forensic expertise, taking into account that each expertise is a part of a corresponding science, and the forensic expertise classes are defined on the base of the sciences differentiation. The paper differentiates the levels of methodology of forensic expertise: the philosophical, including the general principles of cognition and the categorial structure; the general scientific principles and forms of study, formal theories of methodology, and the scientific methodology as a set of methods, approaches and search procedures applied in criminalistics; the last level of methodology includes the very methods and techniques of study including the set of procedures ensuring the comparability and validity of empiric materials, their processing and registering in the common knowledge. The research methodology is based on the doctrinal sources of the Soviet and the modern periods from the position of the general methodology of the theory of law and criminalistics. The author reveals the analogy with general scientific approaches with the following sequence: philosophical methodology, methods and techniques of expertise. The paper contains the author’s vision of the methodology of forensic expertise as a scientific doctrine of methods, instruments, structure and logical organization of expertise. The novelty of the study lies in the ranking of subject methods of forensic expertise which lie on another specific level of methodological knowledge – the level of research methods and techniques. The paper contains the comparison of the system of scientific methods of forensic expertise. 

Keywords: forensic expertise, theory of expertise, forensic expert, forensic, research, group of methods, criminalistics, expertise methods, expert activity, expertise

DOI: 10.7256/2454-0692.2016.3.18460

Abstract: The subject of this study is legal regulation of operational police units' activities aimed at prevention and detection of attacks on life, health and property of law enforcement officers, connected with their work. The authors note that this kind of activity of operative police units is the part of operational and investigative work. The authors note that the institution of government protection in our country is on the stage of formation and initial development, and needs for a further development and improvement, with account of the realities of our time. The authors consider the questions of operational and search measures aimed at ensuring safety of law enforcement officers.The research methodology includes the dialectical method of scientific cognition of objective reality, abstraction, generalization and the comparative legal method.The authors come to the conclusion about the necessity to change the provisions containing the reasons for investigation and search operations organization aimed at ensuring safety of the protected persons. The authors propose the following formulation of this reason: "the information about a real threat to life, health or property of the persons under protection and members of their families, which is known to the search and investigative agencies, on the base of the decree about the application of security measures in relation to the persons under protection implemented by the responsible government agencies in the order provided by the legislation of the Russian Federation". 

Keywords: government protection, measures of government protection, investigation and search activity, persons under protection, investigation and search operations, security measures, police officers safety, protection of police officers, infringement on life, police officers

DOI: 10.7256/2454-0692.2016.3.67718

Abstract: The subject of this study is legal regulation of operational police units' activities aimed at prevention and detection of attacks on life, health and property of law enforcement officers, connected with their work. The authors note that this kind of activity of operative police units is the part of operational and investigative work. The authors note that the institution of government protection in our country is on the stage of formation and initial development, and needs for a further development and improvement, with account of the realities of our time. The authors consider the questions of operational and search measures aimed at ensuring safety of law enforcement officers.The research methodology includes the dialectical method of scientific cognition of objective reality, abstraction, generalization and the comparative legal method.The authors come to the conclusion about the necessity to change the provisions containing the reasons for investigation and search operations organization aimed at ensuring safety of the protected persons. The authors propose the following formulation of this reason: "the information about a real threat to life, health or property of the persons under protection and members of their families, which is known to the search and investigative agencies, on the base of the decree about the application of security measures in relation to the persons under protection implemented by the responsible government agencies in the order provided by the legislation of the Russian Federation". 

Keywords: government protection, measures of government protection, investigation and search activity, persons under protection, investigation and search operations, security measures, police officers safety, protection of police officers, infringement on life, police officers

DOI: 10.7256/2454-0692.2016.3.17124

Abstract: The increase of the number of cases of domestic violence against women and/or children has become a national problem of the modern democratic societies. The importance of elimination of such crimes by means of study of the motivation and the reasons of domestic violence (psychical/physical) is growing. The government mechanisms of domestic violence prevention are insufficient. There is no general national strategy in this field; the system of government assistance to the victims of domestic violence is very weak. The author applies the general philosophical method of cognition – materialist dialectic in the form of logic and cognition. The author applies the system method helping to consider the factors, motives and reasons of domestic violence, and the preventive measures which correlate with each other and the environment. The main directions of the government social policy, which should assist in domestic violence prevention, include health protection, the policy of avoiding family conflicts (this function should be imposed on the police), the policy of education and cultural traditions installing, youth policy and the correlated labor policy. 

Keywords: social consequences , social coercion, health, type of crimes, family values, legislation, Istanbul Convention, prevention, domestic violence, criminology

DOI: 10.7256/2454-0692.2016.3.67719

Abstract: The increase of the number of cases of domestic violence against women and/or children has become a national problem of the modern democratic societies. The importance of elimination of such crimes by means of study of the motivation and the reasons of domestic violence (psychical/physical) is growing. The government mechanisms of domestic violence prevention are insufficient. There is no general national strategy in this field; the system of government assistance to the victims of domestic violence is very weak. The author applies the general philosophical method of cognition – materialist dialectic in the form of logic and cognition. The author applies the system method helping to consider the factors, motives and reasons of domestic violence, and the preventive measures which correlate with each other and the environment. The main directions of the government social policy, which should assist in domestic violence prevention, include health protection, the policy of avoiding family conflicts (this function should be imposed on the police), the policy of education and cultural traditions installing, youth policy and the correlated labor policy. 

Keywords: social consequences, social coercion, health, type of crimes, family values, legislation, Istanbul Convention, prevention, domestic violence, criminology

DOI: 10.7256/2454-0692.2016.3.16895

Abstract: The research subject is the range of legal and organizational problems of administrative and legal regulation of the modern economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of both the public and the private sectors of the economy. The main attention is paid to the development of methods and methodology of administrative and legal impact on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The paper demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the public and the private sectors of the economy. The author declares the necessity to develop administrative and legal regulation of the economy. The novelty of the study consists in the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality in the Russian economy. 

Keywords: subject, production, decay, economy , institution, state, impact, economy, regulation, function

DOI: 10.7256/2454-0692.2016.3.67720

Abstract: The research subject is the range of legal and organizational problems of administrative and legal regulation of the modern economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative and legal regulation of both the public and the private sectors of the economy. The main attention is paid to the development of methods and methodology of administrative and legal impact on economic relations. The author analyzes the concepts of development of law and economics in the modern conditions. The paper demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal impact on the public and the private sectors of the economy. The author declares the necessity to develop administrative and legal regulation of the economy. The novelty of the study consists in the proposals about the development of forms and methods of government regulation of the economy and guaranteeing legality in the Russian economy. 

Keywords: subject, production, decay, economy, institution, state, impact, economy, regulation, function

DOI: 10.7256/2454-0692.2016.3.18898

Abstract: The article focuses on the issues of combating corruption in China. The article notes that corruption is a system threat to the security of many countries, including the People's Republic of China. The article contains the analysis of anti-corruption articles of the Criminal code of China (1997), and the status and dynamics of fighting corruption in this country using legal and administrative means. The importance of this issue is based on the fact that at present corruption causes deep concern. The authors ground the necessity to strengthen all the legal measures of fighting corruption in the implementation of the national anti-corruption plan taking into account the Chinese experience in this sphere. It is proposed to develop anti-corruption legislation, which will contribute to a more effective struggle against this phenomenon and strengthen the preventive function of administrative law.The methodological basis comprises the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion of the study runs that at present, in order to ensure legality, it is necessary to improve forms and methods of combating corruption using administrative legal and criminal legal means. The main contribution of the authors is the conclustion about the necessity to develop legal regulation of fighting corruption. The novelty of the article lies in the proposals about the development of forms and methods of fighting corruption based on the experience of China.

Keywords: punishment, prevention, fighting, mean, bribery, bribe, corruption, China, responsibility, official

DOI: 10.7256/2454-0692.2016.3.67721

Abstract: The article focuses on the issues of combating corruption in China. The article notes that corruption is a system threat to the security of many countries, including the People's Republic of China. The article contains the analysis of anti-corruption articles of the Criminal code of China (1997), and the status and dynamics of fighting corruption in this country using legal and administrative means. The importance of this issue is based on the fact that at present corruption causes deep concern. The authors ground the necessity to strengthen all the legal measures of fighting corruption in the implementation of the national anti-corruption plan taking into account the Chinese experience in this sphere. It is proposed to develop anti-corruption legislation, which will contribute to a more effective struggle against this phenomenon and strengthen the preventive function of administrative law.The methodological basis comprises the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion of the study runs that at present, in order to ensure legality, it is necessary to improve forms and methods of combating corruption using administrative legal and criminal legal means. The main contribution of the authors is the conclustion about the necessity to develop legal regulation of fighting corruption. The novelty of the article lies in the proposals about the development of forms and methods of fighting corruption based on the experience of China.

Keywords: punishment, prevention, fighting, mean, bribery, bribe, corruption, China, responsibility, official