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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 01/2022
Contents of Issue № 01/2022
Administrative activity of the police
Soloshenko L.A. - The system of administrative and legal means of ensuring legality in the implementation of licensing activities of federal executive authorities pp. 1-8

DOI:
10.25136/2409-7810.2022.1.36662

Abstract: The object of the study is the social relations arising in the process of carrying out the licensing activities of federal executive authorities. The subject of the study will be the current legislation regulating permissive activities, as well as individual "permissive regimes" established and supported by authorized federal executive authorities, other regulatory legal acts of the Russian Federation, scientific and other analytical studies (monographs) on the implementation of permissive activities, publications in scientific publications on permissive activities. This article presents an overview of administrative and legal means of ensuring legality in the implementation of licensing activities of federal executive authorities.    The scientific novelty of the dissertation research will consist in the formation of new theoretical and legal approaches to the implementation of licensing activities of federal executive authorities and the preparation of practical ways to solve the problems facing the functioning of the licensing system in the Russian Federation. In addition, proposals will be formulated to improve the efficiency of the implementation of licensing activities, proposals will be developed to ensure the legality of the licensing system. The article provides an overview of the mechanisms for ensuring the rule of law in the implementation of the relevant powers of the above-mentioned FOIV, their essential industry features are given, as well as key shortcomings in their current work are indicated.
Operative investigation in police work
Kondrashechkin R.V. - Operational-search detention (capture) as an object of legal regulation of operational investigative legislation pp. 9-16

DOI:
10.25136/2409-7810.2022.1.31525

Abstract: The subject of scientific research is the peculiarities of legal regulation of legal relations arising during the implementation of operational investigative detention (capture) of persons of operational interest during operational investigative measures provided for in Article 6 of Federal Law No. 144-FZ of August 12, 1995 "On operational investigative activities". The existing criminal procedural grounds for detention do not take into account the specifics and specifics of the activities of operational officers, which causes legal uncertainty in law enforcement practice. Taking into account the practical orientation of the use of operational-investigative detention (seizure), it should be noted that in the normative legal acts regulating the operational-investigative activities of the Department of Internal Affairs there are no norms regulating the grounds and conditions for the use of operational-investigative detention. These grounds should be taken into account and fixed in industry legislative acts, taking into account the specifics of the activities of operational units. Research methods: the method of comparative jurisprudence in the study of the grounds for detention; the method of comparative analysis in determining the compliance of the capabilities of operational units in the implementation of operational investigative detention. The author investigates the actual problems of law enforcement practice concerning the implementation by employees of operational units of such a measure of coercion as operational search detention (seizure). The scientific novelty lies in the analysis of regulatory legal acts regulating the grounds and procedure for detention; in proposals for improving operational investigative legislation. The main conclusions of the study are the need to supplement Article 6 of the Federal Law "On Operational investigative Activities" with the operational investigative measure "Operational investigative detention (seizure)", as well as to supplement Article 15 of the Federal Law with norms regulating the grounds and conditions, the procedure for conducting, the limits of the implementation of operational investigative detention (seizure).
Mangasarov R.A. - Combating economic and corruption-related crimes related to the distribution and use of budget funds allocated for the implementation of national projects and federal targeted programs pp. 17-29

DOI:
10.25136/2409-7810.2022.1.37081

Abstract: The article examines the patterns of the spread of economic crime in the Russian Federation, as well as the law enforcement practice of combating economic and corruption crimes related to the distribution and use of budget funds allocated for the implementation of national projects and federal targeted programs. The increase in embezzlement of budget funds has a negative impact on all aspects of public life: it destabilizes the rule of law, disorganizes public relations, undermines trust in the highest state authorities, as a result of which it has a corrupting effect on the administrative apparatus, leads to budget depletion, etc. In this regard, the priority task is to organize proper control over the distribution and expenditure of budget funds in all areas of the economy. The article provides a theoretical and practical analysis of the essence of criminological, operational-investigative and criminal-legal bases for combating economic and corruption-related crimes related to the distribution and use of budget funds allocated for the implementation of national projects and federal targeted programs. The novelty lies in a number of conclusions formulated in the course of the study. In particular: a) the signs of the crimes under consideration are highlighted; b) the main directions of criminal aspirations in the field of economic activity are identified; c) the methods of committing the theft in question are highlighted, a number of signs are identified that indicate an increasing public danger of economic crime, etc.
Police staffing
Adakhovskaya S.V., Koblenkov A.Y. - Protection of personal data of a police officer from video recording and illegal distribution in the mass media in Russia pp. 30-39

DOI:
10.25136/2409-7810.2022.1.32691

Abstract: The subject of the study is the protection of personal data of police officers from video recording and illegal distribution in the media. The object of the study is public relations in the sphere of the clash of interests of representatives of the mass media on the free search for information and the interests of police officers to protect their personal data. The author examines in detail the issues of the legal status of a media representative: his rights and obligations in accordance with the current legislation, as well as the corresponding rights and obligations of a police officer. The purpose of the study is to form an algorithm for the interaction of police officers when communicating with representatives of the media on the basis of the existing regulatory legal regulation. The main method of research is the analysis of specific practical situations of conflict of interests of police officers and representatives of the media, the analysis of judicial practice. The main conclusions as a result of the conducted research are the proposed algorithm of actions of police officers when communicating with representatives of the media on the issue of video recording from the point of view of existing regulatory legal acts and the need to assign the proposed additional responsibilities to a number of supporting units of internal affairs bodies.
History of the Russian police force
Fedotova M.M. - The history of Russian criminal proceedings against minors pp. 40-47

DOI:
10.25136/2409-7810.2022.1.36975

Abstract: The subject of the study is the peculiarities of the development of the historical path of the procedural status of a minor in the framework of criminal proceedings. The author substantiates the need to study its development in order to prevent mistakes of the past and develop modern legislation taking into account the historical procedural past. The object of the research is the analysis of Russian legislation in the historical context and the influence of the social and political situation on the relations of the legislator and minor participants in the criminal process. When writing the article, the author relied on the use of system-structural and structural-functional methods, which allowed to reveal the features and patterns of evolution of both criminal proceedings and juvenile law. The author proposes to consider the evolution of Russian criminal proceedings against minors through five main periods, starting from the legislation of Ancient Russia to the present day. For each of the selected periods, he identifies characteristic and specific features that in one way or another characterize the procedural features of criminal proceedings in criminal cases against minors.    The main conclusions of the research conducted by the author are to identify the features and patterns of the historical period, the social and political levels of development of society and Russian legislation in general and criminal procedure legislation in particular. The author comes to the conclusion that it is impossible to solve modern legislative problems that stand in criminal proceedings against minors without taking into account historical experience. This approach helps to understand not only the historical path of the formation of the Russian criminal process in relation to minors, but also to take into account the peculiarities of mentality when solving existing controversial or problematic issues regarding the procedural status of minors.
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