DOI: 10.7256/2454-0692.2016.4.19835

Abstract: The paper studies the peculiarities of criminal responsibility for robbery on the base of qualification criteria from the position of modern Islamic criminal law. The research subject is criminal and legal characteristic and qualification of assaults related to robbery in Islamic criminal law. The author considers the main approaches to such crimes interpreting: the essence and the conditions of criminal responsibility for robbery which, according to Islamic criminal law, is related to the hudud category. Based on the comparative-legal analysis of Russian legislation and the legislation of Muslim countries, the author offers recommendations to amend the component elements of a crime. The research methodology is based on general scientific research methods including the principles of objectivity, consistency, historicism, induction, deduction, etc. Along with general scientific methods, the author applies special methods including formal-legal, descriptive, linguistic, formal-logical, historical, system-legal, comparative-legal and others. Public danger of robbery is recognized by all legal systems in the world; Islamic criminal law, however, has developed a special approach to its qualification and punishment. Robbery is considered as a multi-object crime infringing both public relations, protecting property right, and people’s health. The Koran contains references to a heightened danger of assaults related to robbery which are considered by Islamic criminal law as especially grave crimes and are related to the hudud category. 

Keywords: crime related to the hudud category , robbery, punishment, crime, Islamic criminal law, the Koran, theft, inviolability of home , property, threat

DOI: 10.7256/2454-0692.2016.4.67964

Abstract: The paper studies the peculiarities of criminal responsibility for robbery on the base of qualification criteria from the position of modern Islamic criminal law. The research subject is criminal and legal characteristic and qualification of assaults related to robbery in Islamic criminal law. The author considers the main approaches to such crimes interpreting: the essence and the conditions of criminal responsibility for robbery which, according to Islamic criminal law, is related to the hudud category. Based on the comparative-legal analysis of Russian legislation and the legislation of Muslim countries, the author offers recommendations to amend the component elements of a crime. The research methodology is based on general scientific research methods including the principles of objectivity, consistency, historicism, induction, deduction, etc. Along with general scientific methods, the author applies special methods including formal-legal, descriptive, linguistic, formal-logical, historical, system-legal, comparative-legal and others. Public danger of robbery is recognized by all legal systems in the world; Islamic criminal law, however, has developed a special approach to its qualification and punishment. Robbery is considered as a multi-object crime infringing both public relations, protecting property right, and people’s health. The Koran contains references to a heightened danger of assaults related to robbery which are considered by Islamic criminal law as especially grave crimes and are related to the hudud category. 

Keywords: crime related to the hudud category, robbery, punishment, crime, Islamic criminal law, the Koran, theft, inviolability of home, property, threat

DOI: 10.7256/2454-0692.2016.4.19348

Abstract: The author studies the peculiarities of application of the methods of police activities in modern Russia and the present condition and development dynamics of legal regulation and scientific developments in this sphere. The author considers the issues of methods classifying and defines their content. The paper substantiates the role and importance of general and specific methods and reveals their content. The author formulates the measures of mistakes avoidance and the conclusions about a further progressive improvement of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia. The research methodology includes general and special scientific methods: dialectical, historical, comparative-legal, sociological, statistical, logical and system-structural analysis. The study is based on generalization and system analysis of scientific works and legal framework. Despite the existence of a large number of works, devoted to these issues, however, the problem hasn’t been studied sufficiently enough. It can be explained by the continuing reforms in general and in the police sphere in particular and by the instability of the current legislation regulating the mentioned spheres. These and other reasons condition the topicality and practical importance of the study and the necessity to study the peculiarities of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia in order to improve its effectiveness, and explain the need for scientific and practical recommendations. 

Keywords: citizen, person, freedoms, rights, methods, activity, prospects, problems, organization, police

DOI: 10.7256/2454-0692.2016.4.67965

Abstract: The author studies the peculiarities of application of the methods of police activities in modern Russia and the present condition and development dynamics of legal regulation and scientific developments in this sphere. The author considers the issues of methods classifying and defines their content. The paper substantiates the role and importance of general and specific methods and reveals their content. The author formulates the measures of mistakes avoidance and the conclusions about a further progressive improvement of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia. The research methodology includes general and special scientific methods: dialectical, historical, comparative-legal, sociological, statistical, logical and system-structural analysis. The study is based on generalization and system analysis of scientific works and legal framework. Despite the existence of a large number of works, devoted to these issues, however, the problem hasn’t been studied sufficiently enough. It can be explained by the continuing reforms in general and in the police sphere in particular and by the instability of the current legislation regulating the mentioned spheres. These and other reasons condition the topicality and practical importance of the study and the necessity to study the peculiarities of application of methods of police activities aimed at ensuring human and civil rights and freedoms in modern Russia in order to improve its effectiveness, and explain the need for scientific and practical recommendations. 

Keywords: citizen, person, freedoms, rights, methods, activity, prospects, problems, organization, police

DOI: 10.7256/2454-0692.2016.4.19215

Abstract: The author of the study notes that at the present stage of state-building, it is important to develop the legislation aimed at regulating the relations in the sphere of emergency situations prevention. The author substantiates the necessity to improve the quality of law-making by all legal and organizational means. The author explains the list of priorities of the legal support of the work of the Ministry of Emergency Situations of Russia development including the improvement of operational analysis of processes and phenomena in the sphere of responsibility and the clear formulation of the proposals about changing the legislation, addressed to the subjects of legislative initiative; the improvement of the system of information and analytical support of law-making; the development of the legislation implementation monitoring in the sphere of the Ministry of Emergency Situations. 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 research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure health and safety of the population, it is necessary to improve forms and methods of the work of the Ministry of Emergency Situations. The author states the necessity to develop legal monitoring of the Ministry activity. The scientific novelty of the study consists in the proposals about the development of forms and methods of legal monitoring. 

Keywords: development, protection, monitoring, legislation, law, Ministry of Emergency Situations, fire, prospects, activities, adoption

DOI: 10.7256/2454-0692.2016.4.67966

Abstract: The author of the study notes that at the present stage of state-building, it is important to develop the legislation aimed at regulating the relations in the sphere of emergency situations prevention. The author substantiates the necessity to improve the quality of law-making by all legal and organizational means. The author explains the list of priorities of the legal support of the work of the Ministry of Emergency Situations of Russia development including the improvement of operational analysis of processes and phenomena in the sphere of responsibility and the clear formulation of the proposals about changing the legislation, addressed to the subjects of legislative initiative; the improvement of the system of information and analytical support of law-making; the development of the legislation implementation monitoring in the sphere of the Ministry of Emergency Situations. 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 research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure health and safety of the population, it is necessary to improve forms and methods of the work of the Ministry of Emergency Situations. The author states the necessity to develop legal monitoring of the Ministry activity. The scientific novelty of the study consists in the proposals about the development of forms and methods of legal monitoring. 

Keywords: development, protection, monitoring, legislation, law, Ministry of Emergency Situations, fire, prospects, activities, adoption

DOI: 10.7256/2454-0692.2016.4.16831

Abstract: The research subject is the range of issues of the procedural involvement of a specialist into administrative proceedings. The authors analyze the legal framework of a specialist involvement. The paper demonstrates the authors’ opinions on the competent persons, responsible for involving a specialist in the stages of administrative proceedings. The authors point out two types of specialists – included and invited – and the possibilities of their involvement. The study substantiates the responsibility of a specialist for absence and considers the way of inviting a specialist to administrative proceedings. The research methodology is based on the practical achievements of epistemology. The methodology includes general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and observation) and traditional methods of jurisprudence (formal logical). The results of the study are reflected in the conclusions about a comprehensive list of competent persons responsible for inviting a specialist in the stages of administrative proceedings; about amending the Administrative Procedure Code with the provisions about the responsibility of a specialist for absence without valid excuse upon the invitation of the court, the organization or the official; about the ways of a specialist involvement. The results of the research can be used by police officers of the Russian Federation. The scientific novelty of the study consists in the substantiation of a possibility to involve a specialist, in the proposals for amending the Administrative Procedure code with the provisions about the responsibility of an involved specialist for absence without a valid excuse and about the ways to invite a specialist. 

Keywords: officials, specialist involvement, right to invite a specialist, involvement of a specialist, specialist, parties of the proceedings , stages of the proceedings, proceedings, administrative jurisdiction, administrative offences

DOI: 10.7256/2454-0692.2016.4.67967

Abstract: The research subject is the range of issues of the procedural involvement of a specialist into administrative proceedings. The authors analyze the legal framework of a specialist involvement. The paper demonstrates the authors’ opinions on the competent persons, responsible for involving a specialist in the stages of administrative proceedings. The authors point out two types of specialists – included and invited – and the possibilities of their involvement. The study substantiates the responsibility of a specialist for absence and considers the way of inviting a specialist to administrative proceedings. The research methodology is based on the practical achievements of epistemology. The methodology includes general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and observation) and traditional methods of jurisprudence (formal logical). The results of the study are reflected in the conclusions about a comprehensive list of competent persons responsible for inviting a specialist in the stages of administrative proceedings; about amending the Administrative Procedure Code with the provisions about the responsibility of a specialist for absence without valid excuse upon the invitation of the court, the organization or the official; about the ways of a specialist involvement. The results of the research can be used by police officers of the Russian Federation. The scientific novelty of the study consists in the substantiation of a possibility to involve a specialist, in the proposals for amending the Administrative Procedure code with the provisions about the responsibility of an involved specialist for absence without a valid excuse and about the ways to invite a specialist. 

Keywords: officials, specialist involvement, right to invite a specialist, involvement of a specialist, specialist, parties of the proceedings, stages of the proceedings, proceedings, administrative jurisdiction, administrative offences

DOI: 10.7256/2454-0692.2016.4.17312

Abstract: The research subject is the range of tactical and criminalistic issues of investigating action provided by the article 186.1 of the Criminal Code of the Russian Federation “Acquisition of information about the connections between subscribers and (or) subscriber devices”. The author considers the tactics and the legal nature of acquisition of information about the connections between subscribers and (or) subscriber devices. Besides, the paper studies certain aspects of interaction of the parties of criminal procedure (prosecutor, court and investigator) and other subjects of criminal procedure. The author applies the set of general and special scientific methods including the normative-legal method, the system method, analysis, synthesis, deduction, induction and others. The scientific novelty of the study is conditioned by the fact that acquisition of information about the connections between subscribers and (or) subscriber devices has been included in the criminal code not long ago, therefore, at present there is no common opinion about the tactics of its implementation. Besides, some problems of its legal nature haven’t been solved yet, leading to difficulties in its application. 

Keywords: communications provider , technical means, investigating action, technical recommendations, investigator, mobile communications, information about connections, detailing , subscriber device, subscriber

DOI: 10.7256/2454-0692.2016.4.67968

Abstract: The research subject is the range of tactical and criminalistic issues of investigating action provided by the article 186.1 of the Criminal Code of the Russian Federation “Acquisition of information about the connections between subscribers and (or) subscriber devices”. The author considers the tactics and the legal nature of acquisition of information about the connections between subscribers and (or) subscriber devices. Besides, the paper studies certain aspects of interaction of the parties of criminal procedure (prosecutor, court and investigator) and other subjects of criminal procedure. The author applies the set of general and special scientific methods including the normative-legal method, the system method, analysis, synthesis, deduction, induction and others. The scientific novelty of the study is conditioned by the fact that acquisition of information about the connections between subscribers and (or) subscriber devices has been included in the criminal code not long ago, therefore, at present there is no common opinion about the tactics of its implementation. Besides, some problems of its legal nature haven’t been solved yet, leading to difficulties in its application. 

Keywords: communications provider, technical means, investigating action, technical recommendations, investigator, mobile communications, information about connections, detailing, subscriber device, subscriber

DOI: 10.7256/2454-0692.2016.4.17236

Abstract: The research subject is the range of questions of traffic organization as the elements of the road safety provision mechanism. The research object is the set of social relations in the sphere of traffic organization. The authors consider the problem of inconformity of Russian transport system with the needs of socio-economic development of the country. The government’s attention should be focused on the system approach to road safety provision which includes the application of complex measures aimed at road accidents prevention and their consequences lightening. Special attention is paid at technical equipment of roads as the objects of transport infrastructure. The majority of road accidents caused by the operating condition of roads include the absence or poor visibility of horizontal road markings, the absence of traffic signs in places where they are needed; improper use or poor visibility of traffic signs. Technical equipment of roads to a large extent promotes traffic stabilization, safety, economic efficiency and comfort of traffic, decreases the damaging impact of traffic on the environment. The research methodology includes the system of general and special scientific methods, based on the dialectical theory. The authors apply the system and formal logical methods (deduction and induction, analysis and synthesis, comparison and others), the structural-functional and other methods. The authors suggest the ways of traffic organization improvement, particularly the establishment of a uniform legal framework of road traffic organization in Russia; the creation of the conditions and mechanisms of traffic organization aimed at safety and sustainability provision; the decrease of economic losses in road traffic; the formation of a uniform approach to traffic organization on the territories of municipalities and districts; the creation of a legal framework for the coordination of the activities of federal executive authorities, regional authorities, local authorities and roads’ owners in the sphere of traffic organization. The authors analyze the condition of road traffic safety in the Russian Federation; demonstrate the role of the state in the transport system functioning and development; reveal the problems and inconformity of the transport system of Russia with the needs of socio-economic development of the country; offer the ways of road traffic organization improvement. The authors conclude that the improvement and development of road traffic organization promote the stabilization of traffic, road safety provision, economic efficiency and comfort of traffic. 

Keywords: national standard, road markings, road signs, road accident, road traffic organization, technical equipment, road users, roads, traffic safety, transport system

DOI: 10.7256/2454-0692.2016.4.67969

Abstract: The research subject is the range of questions of traffic organization as the elements of the road safety provision mechanism. The research object is the set of social relations in the sphere of traffic organization. The authors consider the problem of inconformity of Russian transport system with the needs of socio-economic development of the country. The government’s attention should be focused on the system approach to road safety provision which includes the application of complex measures aimed at road accidents prevention and their consequences lightening. Special attention is paid at technical equipment of roads as the objects of transport infrastructure. The majority of road accidents caused by the operating condition of roads include the absence or poor visibility of horizontal road markings, the absence of traffic signs in places where they are needed; improper use or poor visibility of traffic signs. Technical equipment of roads to a large extent promotes traffic stabilization, safety, economic efficiency and comfort of traffic, decreases the damaging impact of traffic on the environment. The research methodology includes the system of general and special scientific methods, based on the dialectical theory. The authors apply the system and formal logical methods (deduction and induction, analysis and synthesis, comparison and others), the structural-functional and other methods. The authors suggest the ways of traffic organization improvement, particularly the establishment of a uniform legal framework of road traffic organization in Russia; the creation of the conditions and mechanisms of traffic organization aimed at safety and sustainability provision; the decrease of economic losses in road traffic; the formation of a uniform approach to traffic organization on the territories of municipalities and districts; the creation of a legal framework for the coordination of the activities of federal executive authorities, regional authorities, local authorities and roads’ owners in the sphere of traffic organization. The authors analyze the condition of road traffic safety in the Russian Federation; demonstrate the role of the state in the transport system functioning and development; reveal the problems and inconformity of the transport system of Russia with the needs of socio-economic development of the country; offer the ways of road traffic organization improvement. The authors conclude that the improvement and development of road traffic organization promote the stabilization of traffic, road safety provision, economic efficiency and comfort of traffic. 

Keywords: national standard, road markings, road signs, road accident, road traffic organization, technical equipment, road users, roads, traffic safety, transport system

DOI: 10.7256/2454-0692.2016.4.17204

Abstract: The study is aimed at the improvement of national safety of the state via one of its components – information safety - strengthening. The research object is the range of social relations in the information sphere. The research subject is the impact of the information factor on Russia’s national safety. The author pays attention to the mechanism of formation of an information “database” of a person as a consumer and the object of information impact (management), with particular worldview assessments, defined by the source of information, which are necessary for the subject of information impact (management) to influence the information consumer’s behavior. The author studies particular circumstances, influencing the state’s safety in general. The research methodology includes general scientific methods (historical-legal and dialectical) and specific methods (formal logical). The author concludes about the importance of the creation of a new format of the national safety concept of the Russian Federation, which should be based on information supremacy. The impact of the information factor on the national safety substantiates the need for scientific and practical study of the aspects of information impact on the national safety. 

Keywords: extremist activity, data, prevention, society, national safety, information, information impact, information factor, information sphere, Internet

DOI: 10.7256/2454-0692.2016.4.67970

Abstract: The study is aimed at the improvement of national safety of the state via one of its components – information safety - strengthening. The research object is the range of social relations in the information sphere. The research subject is the impact of the information factor on Russia’s national safety. The author pays attention to the mechanism of formation of an information “database” of a person as a consumer and the object of information impact (management), with particular worldview assessments, defined by the source of information, which are necessary for the subject of information impact (management) to influence the information consumer’s behavior. The author studies particular circumstances, influencing the state’s safety in general. The research methodology includes general scientific methods (historical-legal and dialectical) and specific methods (formal logical). The author concludes about the importance of the creation of a new format of the national safety concept of the Russian Federation, which should be based on information supremacy. The impact of the information factor on the national safety substantiates the need for scientific and practical study of the aspects of information impact on the national safety. 

Keywords: extremist activity, data, prevention, society, national safety, information, information impact, information factor, information sphere, Internet

DOI: 10.7256/2454-0692.2016.4.19200

Abstract: The author considers the problem of extremist discourse transformation, the strengthening of rhizomaticity of information impact of extremist ideology. Using the example of the Overton window concept, the author demonstrates the technology of a communicative discourse transformation from “inconceivable” to “the existing standard”. The author notes that one of the priorities of extremist ideology information impact prevention is the set of active, aggressive counter-extremism discourse technologies applied by public associations and individuals. For this purpose, it is necessary to develop partnership relations with the society and establish professional groups of sympathizers. The author emphasizes the activity, aimed at extremism prevention, implemented not only by law enforcement agencies (police), but also in close coordination with civil state and local authorities. The author applies content-analysis, statistical data analysis, and secondary analysis of the data of the Russian Public Opinion Research Center (VCIOM) and the Levada-Center. The author concludes that the responsibility for extremism prevention, imposed on internal affairs agencies, is not effectively discharged. The problem can be solved with the help of new technologies of extremist ideology discourse detection and activities of law enforcement agencies aimed at establishing partnership relations with civil society institutions. 

Keywords: vigilantes, social organizations, civil society , police, Overtone window, information environment, prevention, discourse, ideology, extremism

DOI: 10.7256/2454-0692.2016.4.67971

Abstract: The author considers the problem of extremist discourse transformation, the strengthening of rhizomaticity of information impact of extremist ideology. Using the example of the Overton window concept, the author demonstrates the technology of a communicative discourse transformation from “inconceivable” to “the existing standard”. The author notes that one of the priorities of extremist ideology information impact prevention is the set of active, aggressive counter-extremism discourse technologies applied by public associations and individuals. For this purpose, it is necessary to develop partnership relations with the society and establish professional groups of sympathizers. The author emphasizes the activity, aimed at extremism prevention, implemented not only by law enforcement agencies (police), but also in close coordination with civil state and local authorities. The author applies content-analysis, statistical data analysis, and secondary analysis of the data of the Russian Public Opinion Research Center (VCIOM) and the Levada-Center. The author concludes that the responsibility for extremism prevention, imposed on internal affairs agencies, is not effectively discharged. The problem can be solved with the help of new technologies of extremist ideology discourse detection and activities of law enforcement agencies aimed at establishing partnership relations with civil society institutions. 

Keywords: vigilantes, social organizations, civil society, police, Overtone window, information environment, prevention, discourse, ideology, extremism

DOI: 10.7256/2454-0692.2016.4.19667

Abstract: The problem of forms of criminal participation is one of the most difficult and disputable. One of the main features, helping identify the form of criminal participation, is the level of uniformity of action of accomplices in preparing and committing the crime. The research subject is the set of objective and subjective features of criminal participation, characterizing the simultaneity of actions of accomplices, reflecting the level of uniformity of their actions in preparing and committing the crime and the level of public danger of the crime. The author applies the set of general scientific and special methods of cognition of the socio-legal reality. To formulate the correct conclusions about the forms of participation in crimes against public order, the author develops the proposals about amending the legislation with the required terminology. The author develops the terms of public danger, criminal participation and forms of criminal participation, criminal and terrorist group and a killing organizer as one of the accomplices. The author offers the ways of the legislation improvement which will promote the prevention of crimes against public safety committed in accompliceship. 

Keywords: criminal group, public safety, criminal law, crime, accompliceship classification, form of participation, criminal participation , terrorist group, legislation adjustment, law and order

DOI: 10.7256/2454-0692.2016.4.67972

Abstract: The problem of forms of criminal participation is one of the most difficult and disputable. One of the main features, helping identify the form of criminal participation, is the level of uniformity of action of accomplices in preparing and committing the crime. The research subject is the set of objective and subjective features of criminal participation, characterizing the simultaneity of actions of accomplices, reflecting the level of uniformity of their actions in preparing and committing the crime and the level of public danger of the crime. The author applies the set of general scientific and special methods of cognition of the socio-legal reality. To formulate the correct conclusions about the forms of participation in crimes against public order, the author develops the proposals about amending the legislation with the required terminology. The author develops the terms of public danger, criminal participation and forms of criminal participation, criminal and terrorist group and a killing organizer as one of the accomplices. The author offers the ways of the legislation improvement which will promote the prevention of crimes against public safety committed in accompliceship. 

Keywords: criminal group, public safety, criminal law, crime, accompliceship classification, form of participation, criminal participation, terrorist group, legislation adjustment, law and order

DOI: 10.7256/2454-0692.2016.4.17271

Abstract: The study is influenced by the practice of investigating activities videotaping in Russia. It is known that Russian criminal procedural legislation provides almost no regulation of this aspect. Local experience is diverse and contradictory. Hence, a great potential of videotaping as an instrument of fixation of the investigation process and results can’t be realized. For comparison, the author considers the process of investigating actions fixation by investigative agencies of the US. Taking into account that preliminary investigation in the USA is more frequently referred to as the police one, this term is used in the title. The research is based on the works of Russian lawyers and foreign documents including statutory instruments and educational materials. A significant peculiarity of the study is the use of primary sources. Usually foreign experience in crime investigation is studied from a theoretical point of view, but this article considers police codes, rules and charters applied by police officers in their regular work. Besides, the author studies methodical literature. The author concludes that all the ways of the police investigation fixation in the US (reports, notes, photographic recording, videotaping, plans and schemes) are equal, while in the Russian practice a report remains the main instrument of fixation of the investigation process and results. 

Keywords: report, educational materials, law enforcement agency instruction , photographic recording, videotaping, investigation fixation, investigating actions, police investigation , USA, pre-trial proceedings

DOI: 10.7256/2454-0692.2016.4.67973

Abstract: The study is influenced by the practice of investigating activities videotaping in Russia. It is known that Russian criminal procedural legislation provides almost no regulation of this aspect. Local experience is diverse and contradictory. Hence, a great potential of videotaping as an instrument of fixation of the investigation process and results can’t be realized. For comparison, the author considers the process of investigating actions fixation by investigative agencies of the US. Taking into account that preliminary investigation in the USA is more frequently referred to as the police one, this term is used in the title. The research is based on the works of Russian lawyers and foreign documents including statutory instruments and educational materials. A significant peculiarity of the study is the use of primary sources. Usually foreign experience in crime investigation is studied from a theoretical point of view, but this article considers police codes, rules and charters applied by police officers in their regular work. Besides, the author studies methodical literature. The author concludes that all the ways of the police investigation fixation in the US (reports, notes, photographic recording, videotaping, plans and schemes) are equal, while in the Russian practice a report remains the main instrument of fixation of the investigation process and results. 

Keywords: report, educational materials, law enforcement agency instruction, photographic recording, videotaping, investigation fixation, investigating actions, police investigation, USA, pre-trial proceedings

DOI: 10.7256/2454-0692.2016.4.17302

Abstract: The article studies legal regulation of the activities of police officers, particularly, the problem of their civil responsibility for lawful actions. Taking into account the judicial practice, the author concludes about the possibility of civil responsibility of police officers only in the case of their unlawful actions. The author draws attention to the groundlessness of the recognition of firearms as sources of special danger and, subsequently, the groundlessness of application of certain provisions of the Civil Code of the Russian Federation about the compensation for moral harm regardless of the guilt. 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 methods of jurisprudence (formal logical) and special sociological methods (statistical, expert assessments, etc.). The author concludes that at present it is necessary to improve legal regulation of compensation for moral harm and the forms and methods of legal regulation of public service relations within the Ministry of Internal Affairs system. The author states the necessity to develop legislative aspects of compensation of moral harm and recognition of firearms, used officially, as sources of special danger. 

Keywords: violation, law, code, service, officer, police, Ministry of Internal Affairs, lawful actions, compensation for moral harm, compensation for harm

DOI: 10.7256/2454-0692.2016.4.67974

Abstract: The article studies legal regulation of the activities of police officers, particularly, the problem of their civil responsibility for lawful actions. Taking into account the judicial practice, the author concludes about the possibility of civil responsibility of police officers only in the case of their unlawful actions. The author draws attention to the groundlessness of the recognition of firearms as sources of special danger and, subsequently, the groundlessness of application of certain provisions of the Civil Code of the Russian Federation about the compensation for moral harm regardless of the guilt. 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 methods of jurisprudence (formal logical) and special sociological methods (statistical, expert assessments, etc.). The author concludes that at present it is necessary to improve legal regulation of compensation for moral harm and the forms and methods of legal regulation of public service relations within the Ministry of Internal Affairs system. The author states the necessity to develop legislative aspects of compensation of moral harm and recognition of firearms, used officially, as sources of special danger. 

Keywords: violation, law, code, service, officer, police, Ministry of Internal Affairs, lawful actions, compensation for moral harm, compensation for harm