Email this article On the Issue of Legal Regulation and the Powers of Law Enforcement Agencies During the Identification Procedure
- Authors: Fedina L.M.1
-
Affiliations:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- Issue: Vol 15, No 4 (2022)
- Pages: 28-33
- Section: Articles
- URL: https://journal-vniispk.ru/2072-3164/article/view/147522
- ID: 147522
Cite item
Open Access
Access granted
Subscription Access
Abstract
An attempt to analyze and legally evaluate one of the measures of state coercion used by law enforcement agencies was made in this article. Verification of identity documents and subsequent identification is necessary not only to prevent a person from committing unlawful acts, the manifestation of an imperious volitional influence of law enforcement agencies that supports the authority of state structures, but is also justified from a procedural point of view, for the technical procedure for preparing documents, in connection with the committed offense. The purpose of the study is not only legal analysis, but also the identification of gaps in lawful regulation, as well as consideration of possible ways to resolve them. In addition, it seems impossible to study one of the measures of administrative support, in the absence of a legal assessment of the sources of lawful regulation in this area. Conclusions. The author highlights several features and characterizing elements of administrative legislation. At the same time, special attention is paid to the measures of state coercion from the point of view of the mechanisms of influence on the consciousness and will of people. Also, the problem of the lack of a legal mechanism for influencing the subject of unlawful behavior in case of failure to provide or providing deliberately false information about one's personality has been identified.
Full Text
##article.viewOnOriginalSite##About the authors
Lyubov Mikhailovna Fedina
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Email: fedina07@inbox.ru
Cand.Sci.(Law), Police Major, lecturer of Law Enforcement Activities Department Nalchik, Russia
References
- Larionov V.P., Petrov N.P. On the delimitation of the rule-making powers of the legislative and executive bodies of state power of the constituent entities of the Russian Federation // Sport: economics, law, management. 2008. No. 4.
- Alekhin A.P., Kozlov Yu.M. Administrative law of the Russian Federation. M., 1994. Part 1. S. 218;
- Bahrakh D.N., Tataryan V.G. Administrative law of Russia. M., 2009. S. 440-444.
- Migachev, Yu. I. Administrative law of the Russian Federation: a textbook for academic undergraduate studies / Yu. I. Migachev, L. L. Popov, S. V. Tikhomirov; edited by L. L. Popov. - 5th ed., revised. and additional - Moscow: Yurayt Publishing House, 2019. - 456 p.
- Melnikov V.A. Preventive measures of administrative coercion: problems of defining the concept and purposes of application // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2013. N 3 (26). S. 25.
- Russian newspaper of December 25, 1993 N 237
- Collection of Legislation of the Russian Federation of February 14, 2011 N 7 Art. 900
- Order of the Ministry of Internal Affairs of Russia dated June 28, 2021 N 495 "On approval of the Manual on the organization of official activities of combat units of the patrol and guard service of the police of the territorial bodies of the Ministry of Internal Affairs of Russia"
- Rydchenko Kirill Dmitrievich, Ravnyushkin Aleksey Viktorovich. The right of the police to check identity documents: administrative and legal regulation and problems of implementation // Bulletin of the VI Ministry of Internal Affairs of Russia. 2018. №3. pp.162-169
- Tsukanov N.N. Refusal to provide personal data as a way to evade those brought to administrative responsibility, and its legal assessment // Administrative law and process. 2009 №6. S.6-9
Supplementary files
