Pub Date : 2023-03-01DOI: 10.25136/2409-7810.2023.3.43775
A. V. Kurakin
The article discusses the mechanism of administrative coercion, this issue is important from the point of view of the application of various measures of administrative influence. The importance of such a category as the "legal mechanism of administrative coercion" will be predetermined by its functionality in determining methods of coercive influence. The mechanism of application of administrative coercion may make it possible to balance private and public interests in the application of various measures of administrative coercion, as well as to avoid violations of the requirements of legality. The mechanism of administrative coercion is a kind of law enforcement (police) mechanism. Despite this, the mechanism of coercion has its own specifics. The author revealed the features of the mechanism of administrative coercion measures, gave a theoretical analysis of the elements of this mechanism. The paper draws attention to the fact that constructively the mechanism of administrative and legal regulation of the use of coercive measures includes the norms of law, legal relations, acts of application of the norms of law, as well as legal culture. Based on this, the author concludes that the mechanism of action of administrative coercion harmoniously includes both legal and non-legal elements, and the importance of the latter elements is also important for the effectiveness of the implementation of the coercion. The author concluded that the legal culture as an element of the mechanism of administrative coercion has not received a proper theoretical assessment.
{"title":"Once again about the mechanism of administrative coercion","authors":"A. V. Kurakin","doi":"10.25136/2409-7810.2023.3.43775","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.3.43775","url":null,"abstract":"\u0000 The article discusses the mechanism of administrative coercion, this issue is important from the point of view of the application of various measures of administrative influence. The importance of such a category as the \"legal mechanism of administrative coercion\" will be predetermined by its functionality in determining methods of coercive influence. The mechanism of application of administrative coercion may make it possible to balance private and public interests in the application of various measures of administrative coercion, as well as to avoid violations of the requirements of legality. The mechanism of administrative coercion is a kind of law enforcement (police) mechanism. Despite this, the mechanism of coercion has its own specifics. The author revealed the features of the mechanism of administrative coercion measures, gave a theoretical analysis of the elements of this mechanism. The paper draws attention to the fact that constructively the mechanism of administrative and legal regulation of the use of coercive measures includes the norms of law, legal relations, acts of application of the norms of law, as well as legal culture. Based on this, the author concludes that the mechanism of action of administrative coercion harmoniously includes both legal and non-legal elements, and the importance of the latter elements is also important for the effectiveness of the implementation of the coercion. The author concluded that the legal culture as an element of the mechanism of administrative coercion has not received a proper theoretical assessment.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124179987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.25136/2409-7810.2023.2.40104
Sergei Ivanovich Gritsaev, S. Stepanenko, Polina Stanislavovna Zhukova, Ilya Sergeevich Chiriev
The object of the study is the criminal procedural relations that develop during the conduct of investigative actions against minors during the preliminary investigation. The subject of the study is the norms of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, other laws regulating relations related to the production of investigative actions involving minors, as well as theoretical foundations and materials of investigative and judicial practice. The procedural features of the interrogation, confrontation, identification, verification of testimony on the spot and other investigative actions with the participation of minors are considered. At the same time, special attention is paid to the use of video recording of their conduct and the involvement of a psychologist or teacher to participate in the investigative action against a minor. The authors note that Federal Law No. 432-FZ of December 28, 2013 has significantly expanded the range of investigative actions involving minors, during which it is necessary to comply with special legal regulations that protect the rights and interests of these persons. The conducted research made it possible to identify some shortcomings in the regulation of investigative actions against minors. The authors propose ways to eliminate them: video filming as a means of fixation should be carried out during all investigative actions involving minors; situations of participation of a psychologist or (and) a teacher, and in some cases a psychiatrist in the production of investigative actions with this category of persons are determined.
{"title":"On the Question of the Specifics of the Investigative Actions with Minors in the Investigation of Crimes","authors":"Sergei Ivanovich Gritsaev, S. Stepanenko, Polina Stanislavovna Zhukova, Ilya Sergeevich Chiriev","doi":"10.25136/2409-7810.2023.2.40104","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.2.40104","url":null,"abstract":"\u0000 The object of the study is the criminal procedural relations that develop during the conduct of investigative actions against minors during the preliminary investigation. The subject of the study is the norms of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, other laws regulating relations related to the production of investigative actions involving minors, as well as theoretical foundations and materials of investigative and judicial practice. The procedural features of the interrogation, confrontation, identification, verification of testimony on the spot and other investigative actions with the participation of minors are considered. At the same time, special attention is paid to the use of video recording of their conduct and the involvement of a psychologist or teacher to participate in the investigative action against a minor. The authors note that Federal Law No. 432-FZ of December 28, 2013 has significantly expanded the range of investigative actions involving minors, during which it is necessary to comply with special legal regulations that protect the rights and interests of these persons. The conducted research made it possible to identify some shortcomings in the regulation of investigative actions against minors. The authors propose ways to eliminate them: video filming as a means of fixation should be carried out during all investigative actions involving minors; situations of participation of a psychologist or (and) a teacher, and in some cases a psychiatrist in the production of investigative actions with this category of persons are determined.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"962 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127038420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.25136/2409-7810.2023.2.40534
V. Agafonov
The application of the norm enshrined in Article 38 of the Criminal Code of the Russian Federation raises questions and discussions not only in the doctrine of domestic criminal legislation, but also in investigative and judicial activities. Currently, in the science of criminal law, there are different positions on the issue of the right to take the life of a person who has violated the law during his detention, which may negatively affect the application of legislation. In the study, the author used the dialectical method as a universal method of scientific cognition, which allowed to consider phenomena and processes in their interrelation and interaction. In addition, we have used a number of other methods of scientific research, such as formal legal, comparative legal, statistical, structural and system methods. The purpose of delivering a person who has committed a criminal offense to the authorities excludes the possibility of causing death to the detainee, in case of causing death during detention, these actions will in any case be illegal. Delivery to the authorities means that a living person must be delivered to the authorities. Thus, the deprivation of human life is not provided for in Article 38 of the Criminal Code of the Russian Federation. The author concludes that the rule on lawful infliction of harm during the detention of a person who has committed an act provided for by criminal law should be expanded and allowed in exceptional cases to cause death to an attacker, which is necessary in the interests of law-abiding citizens, society.
{"title":"Factors that affect the qualification of murder in excess of the measures of detention of the person who committed the crime","authors":"V. Agafonov","doi":"10.25136/2409-7810.2023.2.40534","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.2.40534","url":null,"abstract":"\u0000 The application of the norm enshrined in Article 38 of the Criminal Code of the Russian Federation raises questions and discussions not only in the doctrine of domestic criminal legislation, but also in investigative and judicial activities. Currently, in the science of criminal law, there are different positions on the issue of the right to take the life of a person who has violated the law during his detention, which may negatively affect the application of legislation. In the study, the author used the dialectical method as a universal method of scientific cognition, which allowed to consider phenomena and processes in their interrelation and interaction. In addition, we have used a number of other methods of scientific research, such as formal legal, comparative legal, statistical, structural and system methods. The purpose of delivering a person who has committed a criminal offense to the authorities excludes the possibility of causing death to the detainee, in case of causing death during detention, these actions will in any case be illegal. Delivery to the authorities means that a living person must be delivered to the authorities. Thus, the deprivation of human life is not provided for in Article 38 of the Criminal Code of the Russian Federation. The author concludes that the rule on lawful infliction of harm during the detention of a person who has committed an act provided for by criminal law should be expanded and allowed in exceptional cases to cause death to an attacker, which is necessary in the interests of law-abiding citizens, society.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115649873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.25136/2409-7810.2023.2.39883
R. R. Sadekov
The author in his work explores a number of issues related to the development of the quality of professional training of polygraph examiners in the system of departmental education of the Ministry of Internal Affairs of Russia. The current organizational, pedagogical, legal mechanisms and tools that can be used for the successful development and improvement of professional training in this field of activity of employees of the internal affairs bodies of the Russian Federation are considered. The main emphasis is placed on the importance of the formation of high-quality educational content, the use of successful methods and approaches to the training of polygraph examiners. Attention is drawn to the existence of a mandatory requirement for scientific experience, practical and pedagogical component of specialists, carrying out educational activities. Recommendations for improving aspects of vocational training are given. The main conclusions of the conducted research are related to the constant improvement of the level of their education and skills by polygraph examiners, which are based on such pedagogical and organizational aspects as the formation of skills and abilities in the legal sphere. It is noted that there is a need for interaction and cooperation on a permanent basis with educational organizations of the Ministry of Internal Affairs of Russia, other law enforcement universities, invited practitioners with extensive practical experience in preparing and conducting special psychophysiological studies using polygraph devices in various fields and areas. All these measures will dramatically affect the quality results of the work of polygraph examiners of the Ministry of Internal Affairs of Russia.
{"title":"Development of the Quality of Professional Training of Polygraph Examiners in the System of Departmental Education of the Ministry of Internal Affairs of Russia","authors":"R. R. Sadekov","doi":"10.25136/2409-7810.2023.2.39883","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.2.39883","url":null,"abstract":"\u0000 The author in his work explores a number of issues related to the development of the quality of professional training of polygraph examiners in the system of departmental education of the Ministry of Internal Affairs of Russia. The current organizational, pedagogical, legal mechanisms and tools that can be used for the successful development and improvement of professional training in this field of activity of employees of the internal affairs bodies of the Russian Federation are considered. The main emphasis is placed on the importance of the formation of high-quality educational content, the use of successful methods and approaches to the training of polygraph examiners. Attention is drawn to the existence of a mandatory requirement for scientific experience, practical and pedagogical component of specialists, carrying out educational activities. Recommendations for improving aspects of vocational training are given. The main conclusions of the conducted research are related to the constant improvement of the level of their education and skills by polygraph examiners, which are based on such pedagogical and organizational aspects as the formation of skills and abilities in the legal sphere. It is noted that there is a need for interaction and cooperation on a permanent basis with educational organizations of the Ministry of Internal Affairs of Russia, other law enforcement universities, invited practitioners with extensive practical experience in preparing and conducting special psychophysiological studies using polygraph devices in various fields and areas. All these measures will dramatically affect the quality results of the work of polygraph examiners of the Ministry of Internal Affairs of Russia.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130180489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.25136/2409-7810.2023.2.40070
A. Pavlova, Roman A. Kalekin, Alevtina Mikhailovna Orlova, A. A. Volkova, Z. V. Larev
The subject of the study is human hair. The authors consider the issues of hair research for biological and forensic chemical research. Currently, despite the large number of studies conducted by forensic medical experts and clinicians, there is no complete, targeted program for the study of hair for elemental composition, psychoactive and toxic substances, enzyme system, in which methods of hair research would be announced not only for forensic, but also for clinical, environmental practice. Forensic doctors have developed methods and techniques for conducting such studies. However, there are no such developments for clinicians, toxicologists. Removal and examination of hair to study the morphological structure is carried out without following the rules (length, description of the structure, indication of magnification of the microscope, characteristics of inclusions and others). The novelty of the study lies in the fact that the lack of widely available data on the characteristics of hair; by determining the content of foreign substances introduced into the body, gives rise to contradictory and even erroneous data. A special contribution of the authors to the study of hair is the proposed algorithm for morphological examination of their elements, which includes such sections as hair removal, macroscopic examination and microscopic examination. The described lesions in the form of inclusions of "black color", "flask-like formations" and "thickening of the core" are characteristic of normal hair and are not signs of exposure to any toxicant. The morphological shape of some hair indicates the effect on the hair of a toxic agent that affected their structure, as a result of which their loss occurred. The damaging factor acts on the desmosomes of the cuticle of the rod and the vaginal membranes of the hair and is exfoliated from its own hair bed. It was determined that the hair carries information about the entry of an intoxicant into the body in the phase of active growth – anagen.
{"title":"Features of Hair Research for Biological and Forensic Chemical Research","authors":"A. Pavlova, Roman A. Kalekin, Alevtina Mikhailovna Orlova, A. A. Volkova, Z. V. Larev","doi":"10.25136/2409-7810.2023.2.40070","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.2.40070","url":null,"abstract":"\u0000 The subject of the study is human hair. The authors consider the issues of hair research for biological and forensic chemical research. Currently, despite the large number of studies conducted by forensic medical experts and clinicians, there is no complete, targeted program for the study of hair for elemental composition, psychoactive and toxic substances, enzyme system, in which methods of hair research would be announced not only for forensic, but also for clinical, environmental practice. Forensic doctors have developed methods and techniques for conducting such studies. However, there are no such developments for clinicians, toxicologists. Removal and examination of hair to study the morphological structure is carried out without following the rules (length, description of the structure, indication of magnification of the microscope, characteristics of inclusions and others). The novelty of the study lies in the fact that the lack of widely available data on the characteristics of hair; by determining the content of foreign substances introduced into the body, gives rise to contradictory and even erroneous data. A special contribution of the authors to the study of hair is the proposed algorithm for morphological examination of their elements, which includes such sections as hair removal, macroscopic examination and microscopic examination. The described lesions in the form of inclusions of \"black color\", \"flask-like formations\" and \"thickening of the core\" are characteristic of normal hair and are not signs of exposure to any toxicant. The morphological shape of some hair indicates the effect on the hair of a toxic agent that affected their structure, as a result of which their loss occurred. The damaging factor acts on the desmosomes of the cuticle of the rod and the vaginal membranes of the hair and is exfoliated from its own hair bed. It was determined that the hair carries information about the entry of an intoxicant into the body in the phase of active growth – anagen.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134071455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.25136/2409-7810.2023.2.40032
V. Frolov
A high-quality investigation of a crime is impossible without the use of technical means and achievements in the field of information technology. The object of the research of this scientific article is the use of information technologies in the investigation and disclosure of crimes, the subject is the patterns of this activity. The purpose of the scientific article is to determine the directions of the use of information technologies in the investigation of crimes, their characteristics, as well as to establish the reasons that slow down this process and identify priority tasks, the solution of which will eliminate these obstacles. When determining the directions of using information technologies in the investigation, the author was guided by the components (aspects) of crime investigation activities (cognitive, certifying, organizational). It is noted that the process of integrating information technologies into the investigation of crimes is a complex construction of a digital system of criminal justice, which will optimize the activities of the investigator by increasing the efficiency of working with information. The methodology of the conducted research is determined by its purpose and objectives. It is based on a systematic approach to the study of the use of information technology in the investigation and disclosure of crimes. The research methodology used when writing a scientific article was implemented using the following methods: structural and substantive analysis of scientific papers devoted to the topic of this study; logical (when presenting all the material, formulating conclusions, suggestions and recommendations); comparative legal (criminal procedure legislation, regulatory legal acts) and other research methods.
{"title":"The Use of Information Technology in Investigation: Directions, Problems and Prospects","authors":"V. Frolov","doi":"10.25136/2409-7810.2023.2.40032","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.2.40032","url":null,"abstract":"\u0000 A high-quality investigation of a crime is impossible without the use of technical means and achievements in the field of information technology. The object of the research of this scientific article is the use of information technologies in the investigation and disclosure of crimes, the subject is the patterns of this activity. The purpose of the scientific article is to determine the directions of the use of information technologies in the investigation of crimes, their characteristics, as well as to establish the reasons that slow down this process and identify priority tasks, the solution of which will eliminate these obstacles. When determining the directions of using information technologies in the investigation, the author was guided by the components (aspects) of crime investigation activities (cognitive, certifying, organizational). It is noted that the process of integrating information technologies into the investigation of crimes is a complex construction of a digital system of criminal justice, which will optimize the activities of the investigator by increasing the efficiency of working with information. The methodology of the conducted research is determined by its purpose and objectives. It is based on a systematic approach to the study of the use of information technology in the investigation and disclosure of crimes. The research methodology used when writing a scientific article was implemented using the following methods: structural and substantive analysis of scientific papers devoted to the topic of this study; logical (when presenting all the material, formulating conclusions, suggestions and recommendations); comparative legal (criminal procedure legislation, regulatory legal acts) and other research methods.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116915332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.25136/2409-7810.2023.1.39566
Aleksandr Valentinovich Malakhov, Ksenia Alekseevna Sergeeva, Vyacheslav Aleksandrovich Yurtaev
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.
{"title":"Responsibility for Damage to the Surface Layer of the Land: Problems of Jurisprudence in the Russian Federation","authors":"Aleksandr Valentinovich Malakhov, Ksenia Alekseevna Sergeeva, Vyacheslav Aleksandrovich Yurtaev","doi":"10.25136/2409-7810.2023.1.39566","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.1.39566","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130703355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.25136/2409-7810.2023.1.39676
A. V. Kurakin
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.
{"title":"Once again about Administrative Responsibility","authors":"A. V. Kurakin","doi":"10.25136/2409-7810.2023.1.39676","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.1.39676","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125398335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.25136/2409-7810.2023.1.39717
Aleksandr Aleksandrovich Levchenko
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.
{"title":"Contextual Approach to Training in the Preparation of Police Officers to Perform Operational and Service Tasks","authors":"Aleksandr Aleksandrovich Levchenko","doi":"10.25136/2409-7810.2023.1.39717","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.1.39717","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"13 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126574769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.25136/2409-7810.2023.1.39574
A. V. Kurakin
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.
{"title":"Once again about the Method of Administrative Law","authors":"A. V. Kurakin","doi":"10.25136/2409-7810.2023.1.39574","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.1.39574","url":null,"abstract":"\u0000 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.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134540160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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