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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 01/2023
Contents of Issue № 01/2023
Legal commentary
Malakhov A.V., Sergeeva K.A., Yurtaev V.A. - Responsibility for Damage to the Surface Layer of the Land: Problems of Jurisprudence in the Russian Federation pp. 1-9



Abstract: The purpose of this study was a comprehensive analysis of the current legislation and law enforcement practice in the Russian Federation to develop proposals for improving the mechanism of bringing to responsibility for causing harm to the surface layer of the earth. The subject of the study is the current legislation and judicial practice on the selected issue, in which ineffective aspects of coercive measures in the designated area were developed. The methodological basis of the study consisted of such methods as comparison, analysis, complex system method, induction, deduction, as well as the formal legal method. The main developers of this problem are Anisimov A. P., Ivakin V. I., Sukhova E. A. and some others. The results of the work were conclusions about the ineffectiveness of the enforcement system in cases involving damage to the soil. The low legal awareness of the population was revealed due to the lack of environmentally oriented measures of responsibility for land offenses. This is also due to the lack of a clear mechanism for compensating such harm by the forces of the perpetrator. The authors consider it necessary to develop more specialized administrative responsibility structures to increase the importance of soil protection in the current conditions, as well as to unify the mechanism of compensation for damage to the soil "in kind". The conclusions and suggestions obtained in the course of the study on optimizing the existing system of bringing responsibility into account are valuable for their practical application, as they allow paying attention to the existing problems of the law enforcement officer and will ensure the improvement of legislation.
Administrative activity of the police
Kurakin A.V. - Once again about the Method of Administrative Law pp. 10-19



Abstract: The article is devoted to the classical problem of administrative law, namely the method of administrative law. The method of legal influence is studied in a variety of aspects. As a rule, attention is paid to the method of legal regulation in the context of the study of the subject of the relevant branch of law. The method gives an answer to the question of how the norms of the relevant branch of law affect public relations, imperative or dispositive. The subject of administrative and legal influence combines elements of dispositivity with imperative (compulsory) influence. Administrative law, having such a combination of various means of regulation, differs from other branches of law in its flexible and meaningful legal impact.   The author draws attention to the construction of the method of administrative and legal influence, considers various points of view regarding such a phenomenon as the "legal method". In the course of the study, the author drew attention to such a point of view as "a single method of legal regulation". In a single method of legal regulation, one can see a combination of prohibition, permission and prescription. In each branch of law, one can find prescriptions of a stimulating nature, provisions of an imperative order. It is impossible to achieve a harmonious legal impact without these means. During the study, the author drew attention to the method of resolution, which plays an important role in the system of administrative and legal regulation.
The police and protection of human rights
Astaf'ev I.N. - Suppression by Police Officers of Offenses of Art. 19.3 of the Administrative Code pp. 20-28



Abstract: The study is devoted to the current state of administrative offenses provided in article. 19.3 The Administrative Code of the Russian Federation, from 2018 to 2022, identify the police units that most often suppress this type of administrative offences. The results of the study showed that the most frequent administrative offences provided for in Article. 19.3 The Administrative Code of Criminal Procedure of the Russian Federation is suppressed by officers of the patrol and sentry service of the police - 61 per cent of the total and district police officers - 30 per cent. From 2018 to 2022, there was an increase of 29% in administrative offenses intercepted by officers of patrol police and 8.6% - district police commissioners. The number of cases dismissed for lack of evidence or event of an offense varies between 0.52 and 0.77 per cent of the total number of decisions taken. The novelty of the study lies in obtaining up-to-date objective information about the status and dynamics of administrative offences provided for in Article. 19.3 The Code of Administrative Offences of the Russian Federation, which is punished by police officers, and those police units whose officers most often punish this type of administrative offence. Field of application: scientific research - actualization of the study of the composition of administrative offenses provided for in Article. 19.3 The Administrative Code of the Russian Federation is suppressed by members of patrol police units and district police commissioners, as well as the vocational training of police officers. Police officers' examination of the administrative offences provided for in article. 19.3 The Code of Administrative Offences and the decisions taken thereon by the judicial authorities will reduce the number of cases dismissed.
Police enforcement
Kurakin A.V. - Once again about Administrative Responsibility pp. 29-41



Abstract: The institution of administrative responsibility is one of the key ones in administrative law. However, in order for it to become so, it took quite a long time, the legal support of the institution of administrative responsibility was formed almost throughout the twentieth century. Today, a two-level system of legislation on administrative responsibility has been formed. The modern period of development is simply impossible to imagine without administrative responsibility, the protective properties of which relate to the most diverse spheres of public administration. Based on this, the paper draws attention to legislative and doctrinal provisions related to issues of administrative responsibility. The paper analyzes various doctrinal positions regarding the phenomenon of "administrative responsibility", analyzes its normative basis.   The author notes that the institution of administrative responsibility began to develop actively in the twentieth century, this was caused by the need to separate legal responsibility for offenses that do not pose a great public danger from acts that are of significant public danger. Today we can say that administrative responsibility makes a serious contribution to ensuring law and order, and it is no longer possible to imagine a system of legal responsibility without this type of responsibility. The institution of administrative responsibility, in its content, is a dialectical relationship of norms of a material and procedural nature that complement each other. Based on the analysis, the author gives a definition of administrative responsibility.
Professional training of police officers
Levchenko A.A. - Contextual Approach to Training in the Preparation of Police Officers to Perform Operational and Service Tasks pp. 42-48



Abstract: The subject of the study is a contextual approach to training in the professional activities of police officers. The object of the study is the process of training police officers to perform operational and service tasks based on a contextual approach. The author considers such aspects of the topic as the implementation of a contextual approach to the training of police officers in preparation for the performance of operational duties. In the course of the research, the author pays special attention to the development of individual elements of a contextual approach to training, taking into account the specifics of performing operational and service tasks by police officers in special conditions, as well as highlighting the existing problems of implementing this approach in educational organizations of the Ministry of Internal Affairs of Russia. The main conclusions of the study are the justification of the effectiveness of the contextual approach to the training of police officers undergoing advanced training in educational organizations of the Ministry of Internal Affairs of Russia. The author's special contribution to the study is to identify the features of the implementation of the contextual approach in the training of police officers, as well as making recommendations to improve the effectiveness of this approach. The novelty of the topic under consideration lies in clarifying the features of the contextual approach, as well as the development of its individual elements, taking into account the specifics of the performance of operational and service tasks by police officers in special conditions. As a way to implement the contextual approach, three main forms of activity are considered that are effectively used during the training of police officers, these are academic-type educational activities, quasi-professional and educational-professional activities.
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