No 6 (2024)
Articles
A conceptual model for the formation of a professional worldview among students at universities of the Ministry of Internal Affairs of Russia
Abstract
The subject of this work is the formation and development of a professional worldview among cadets of educational organizations of the Ministry of Internal Affairs of Russia in the learning process. The object of the study is the educational process at the university of the Ministry of Internal Affairs of Russia, taking into account the historically developed features characteristic of educational organizations of this type. The author examines in detail such aspects as the peculiarities of training and education of cadets in educational organizations of the Ministry of Internal Affairs of Russia; a set of measures implemented in order to form and further develop a positive professional worldview, as well as the distinctive features associated with this process. In preparing this article, methods of theoretical and empirical research were used, philosophical and general scientific approaches were applied; professional and pedagogical literature was studied, generalized and analyzed, as well as best practices. The most important and difficult tasks that arise in the law enforcement sphere can be successfully solved only by those with a positive worldview, legally educated, patriotic employees of the internal affairs bodies. Education at the universities of the Ministry of Internal Affairs of Russia should form a positive professional outlook, values and beliefs among cadets that meet the needs of Russian society and correspond to its main tasks. Currently, this is very relevant, especially for educational organizations of law enforcement agencies. In the current conditions, activities aimed at the formation, preservation, strengthening and development of traditional spiritual and moral values are extremely significant. It involves the education and assimilation by future specialists of the internal affairs bodies of the Russian Federation of a sense of pride in the opportunity to serve the Fatherland, responsibility for the fulfillment of professional duty and patriotism. The scientific novelty of the work is the conceptual model presented by the author of the formation of the professional worldview of cadets of educational organizations of the Ministry of Internal Affairs of Russia, as well as its phased implementation in the educational environment of a departmental university.
Police activities. 2024;(6):1-16
1-16
On the issue of juvenile delinquency: the current state and features in modern conditions
Abstract
The subject of this article is juvenile delinquency, its condition and certain aspects of determination in modern conditions. The article analyzes the personality characteristics of juvenile offenders, their susceptibility to the influence of external factors, as well as certain issues of determining juvenile delinquency due to cases of unjustified use of the institution of probation in practice. Attention is paid to statistical data, the analysis of which allows us to establish a clear downward trend in both the number of crimes committed annually by minors and their share in the total mass of crimes committed. The relevance of the stated research topic is related to the need to study the specifics of bringing minors to criminal responsibility in connection with the specifics of this category of criminals and the need to minimize criminal actions on their part. The need to study issues related to juvenile delinquency clearly takes place in modern conditions, especially in the light of the increase in the population of the Russian Federation as a result of the annexation of new territories. The novelty of the study consists in the presentation and research of statistical data on juvenile delinquency in the Russian Federation, as well as the formulation and analysis of problematic aspects of the application of the institution of probation to minors in its current form. In the light of the accession of new regions to the territory of the Russian Federation, this topic requires detailed study in order to exclude the likelihood of an increase in crimes committed by minors as a result of placing them in conditions with new legal realities for them. The main conclusions of the study are the statement about the need for further scientific research of options for optimizing the legislative regulation of the institution of conditional sentencing of minors, which in the future can contribute to the continuation of the trend towards an annual decrease in the number of crimes committed by minors, as well as generally have a positive impact on crime prevention activities in the country.
Police activities. 2024;(6):17-35
17-35
Features of improving psychological and legal measures to prevent juvenile delinquency in the Russian Federation
Abstract
The paper substantiates the importance of preventing both general and group juvenile delinquency. The subject of the study of this article is the problems that arise when countering juvenile group crime. In order to identify and clarify the most effective methods and programs, the main factors contributing to the crime of persons under the age of majority have been identified, the study of which is a priority task of modern society and the state. Based on the study of materials of judicial practice, official statistical data and the views of researchers, the problems accompanying the process of psychological and legal prevention of juvenile delinquency were identified. The authors have argued and proposed the most promising methods in this field. The main purpose of the work is to develop proposals for the modernization of psychological and legal measures to prevent juvenile delinquency in the Russian Federation. Both general scientific and special legal methods (system-analytical, comparative-legal, statistical) were used in the preparation of this article. The scientific novelty of the research consists in the development of theoretical, legal and organizational proposals for the modernization of the mechanism of psychological and legal prevention of juvenile delinquency. In the course of the scientific research, the main problems of countering juvenile group crime were identified, associated with insufficient interaction between law enforcement agencies and other social institutions in the field under study; with weak organization of work on crime prevention in educational institutions; as well as lack of adequate funding and logistical support. Based on the conducted research, a comprehensive analysis of statistical data and materials of criminal cases was carried out, the result of which allowed us to conclude that it is necessary to take into account the psychological characteristics of adolescents for the effective prevention of juvenile group crime.
Police activities. 2024;(6):36-48
36-48
Problematic situations of the use of firearms by security and escort police units in relation to exceptional categories of citizens.
Abstract
The subject of the study is the circumstances, upon the occurrence of which an employee of a security and convoy police unit may have the right to use firearms in the course of carrying out official activities. The research methodology is represented by general scientific (analysis, synthesis, generalization, induction, deduction) and private scientific methods (comparative legal method, modeling). The scientific novelty lies in the fact that the study examines situations of possible use of firearms in relation to exceptional categories of citizens from the perspective of legal norms, which, regarding the activities of security and convoy units of the police, have not been previously analyzed. Fundamentally new is the issue of using firearms against woman in the context of the legal provisions of the Federal Law "On Police". Conclusions: 1. In accordance with the purpose of the security and convoy units of the police, the use of firearms in their activities is allowed in accordance with the legislation. 2. The legal regulation of the use of firearms by employees of security and convoy units of the police is generally reduced to the norms of the Federal Law "On Police". 3. On the basis of the provisions of the Federal Law "On Police", exceptional categories of citizens include: women, minors, persons with obvious signs of disability. The ban on the use of firearms against them is not unconditional. 4. The study, with references to the relevant norms of the Federal Law "On Police", the researches of other authors, provides a justification for the possible use of firearms against exceptional categories of citizens.
Police activities. 2024;(6):49-66
49-66
Evasion of administrative supervision: issues of qualification and law enforcement
Abstract
The subject of the study is the criminal law norms regulating the basis and procedure for bringing persons evading administrative supervision to criminal responsibility. The object of the study is social relations arising in connection with the involvement of a supervised person who repeatedly fails to comply with administrative restrictions imposed on him by the court, to criminal liability. The author examines the ambiguity of the doctrinal and judicial interpretation of such signs of a crime provided for in Part 2 of Article 314.1 of the Criminal Code of the Russian Federation as "repetition" and "conjugacy", which entails problems with the application of the specified criminal law norm by the bodies of inquiry and the court. The methodological basis of the study was a set of general scientific and special methods of comprehending objective socio-legal reality in the field under study: methods of analysis, synthesis, systematization and generalization, formal logical, statistical and sociological methods. In this paper, the issues of the application of criminal legislation concerning the punishment for evading administrative supervision are investigated. The article describes in detail the difficulties faced by the supervisory authorities when trying to detect grounds for criminal prosecution in the actions of the observed persons in accordance with this norm. An analysis of law enforcement practice related to issues of administrative supervision and responsibility for its evasion was also carried out. Special attention is paid to the qualification of evasion from administrative supervision as a crime with special prerequisites. The main conclusions of the study were the author's proposal to improve legislation, including making appropriate changes to the criminal law norm under consideration.
Police activities. 2024;(6):67-82
67-82
Prevention of extremism among young people
Abstract
The article discusses the problems of preventing extremism among students of general education organizations. The factors contributing to extremist manifestations among young people and measures to prevent extremism are highlighted. The research is based on an analysis of Russian legislation, the researches of domestic authors, and information obtained from open sources, including the Internet. The following methods were used in the course of the research: scientific cognition, comparison, analysis, synthesis, induction, deduction, generalization and the system-structural method. The scientific novelty of the research on the prevention of extremism among young people is manifested in an integrated approach that includes both legal, social and psychological aspects. In the context of globalization and rapid technological progress, young people are often influenced by radical ideologies, which creates the need to develop effective preventive measures. The scientific novelty lies in the integration of an interdisciplinary approach and an emphasis on the active participation of young people in the process of preventing extremism, which opens up new horizons for scientific research in this field. The theoretical significance of the article lies in the systematization of existing scientific approaches to the problem of extremism and in the development of a model of preventive measures that can be used in further scientific research on this issue. The practical significance is manifested in the possibility of applying the proposed recommendations at the level of educational institutions and youth policy bodies, which contributes to the formation of a stable negative attitude towards extremism and constructive dialogue among young people.
Police activities. 2024;(6):83-98
83-98
Organization of specialized institutions for the detention of foreign citizens before their expulsion from the territory of the country of temporary residence
Abstract
The subject of the study is the norms of the Russian and foreign legislation of individual countries, which establish measures of administrative coercion applied to foreign citizens and stateless persons located in the territory of the host country, related to detention in special institutions. The purpose of the work is to analyze foreign legislation and identify problems that arise when applying these measures under the legislation of the Russian Federation. The focus on streamlining migration processes in recent years has been clearly manifested in the activities of the state in the form of legislative and managerial measures. Perhaps their essence can be reduced to a single goal: providing conditions for migrants to fully realize their rights in the territory of the host country and their functioning within the framework of the "legal field". The research methodology is based on general scientific (logical, systematic, analysis, generalization) and private scientific (specifically sociological, formal legal) methods. The scientific novelty of the study lies in the development of unified approaches to the detention of foreign citizens and stateless persons in the territory of the host country, in terms of the detention of these persons in institutions on the basis of judicial or administrative decisions, their subordination to internal affairs bodies, as well as the terms of detention of these persons. To date, there is no uniform practice of detaining foreign citizens and stateless persons before being expelled from the host country, which entails a violation of their rights and legitimate interests. Also, Russian legislation does not clearly specify the time limits for which a foreign citizen and stateless persons should be held in special institutions until they are expelled from the territory of the Russian Federation.
Police activities. 2024;(6):99-111
99-111
On the issue of the concept and classification of inspection activities in the Russian Federation
Abstract
The relevance of the study is due to the fact that there is currently some legal uncertainty regarding the issue of conducting inspection activities in the Russian Federation. The article proposes to consider the issue of conducting inspection activities in the genesis of their formation and development since the 60s of the last century to the present. To reveal the legal basis, goals and objectives, to classify, to clarify the concepts of inspection activities. The object of the study is the legal relations arising in the process of implementing inspection measures as the basis for the activities of law enforcement agencies. The subject of the study is the norms of law governing the legal basis, goals, objectives and procedure for conducting inspection activities. The authors propose to classify the inspection events held in the Russian Federation according to the purposes of such events. The methodological basis of the article consists of both general scientific and private scientific methods of cognition, as well as logical, formal legal, comparative legal research methods, historical analysis of normative legal acts. The main conclusion of the study is the need to bring the legal norms of the legislation of the Russian legislation regulating inspection activities to a unified approach. The lack of a unified approach to the classification of inspection activities, goals and procedures for their implementation limits the possibilities of using such measures in the operational and official activities of law enforcement agencies. The authors propose to highlight the following inspection activities: An external inspection is a measure to ensure the personal safety of law enforcement officers, a personal search is a measure to ensure administrative proceedings within the framework of administrative activities, a personal search is a measure to ensure proceedings within the framework of a criminal case. The classification proposed by the authors on the division of inspection activities according to the purposes of conducting, and the legislative consolidation of the terminology of search and inspection will contribute to a more effective exercise of their powers by law enforcement officers.
Police activities. 2024;(6):112-121
112-121
Problematic aspects of urgent initial investigative actions
Abstract
The relevance of the topic under consideration is beyond doubt, since it is precisely due to the correctness of the production of urgent initial investigative actions that the effectiveness of the entire investigation depends. Promptness makes it possible to receive and record factual data in a timely manner and, thus, optimize the investigation process. In this article, the authors consider topical issues of the essence and legal regulation of urgent initial investigative actions. The ratio of "urgent" and "initial" investigative actions is investigated. Attention is paid to the problem of the lack of a list of urgent investigative actions in the criminal procedure legislation. The problem of the implementation of guarantees of personal rights in the course of urgent investigative actions is outlined. The authors propose some ways to solve the studied problems, including improving the current criminal procedure legislation. Various points of view of scientists regarding the above-mentioned problems have also been studied and their own reasoned opinion has been expressed. The methodological basis of the research was the fundamental laws, dialectical materialism and the theory of knowledge. Private scientific techniques were also used: systemic, comparative legal and other methods of researching theoretical material on the topic. The main conclusions of the study are that the definition of urgent investigative actions given by the legislator is quite contradictory, since the law allows some investigative actions to be carried out even before a criminal case is initiated. In addition, it does not seem correct to identify the concepts of "urgent" and "initial" investigative actions, since although they have common features, they are different in their legal nature. The absence of a list of urgent investigative actions in the law may lead to some difficulties in practice. The novelty of the research lies in the development of proposals for editing the Code of Criminal Procedure of the Russian Federation in terms of regulating urgent investigative actions, as well as in the analysis and revision of old scientific provisions. A special contribution of the authors to the study is the proposal of some ways to solve the problems posed, including the improvement of Russian criminal procedure legislation.
Police activities. 2024;(6):122-132
122-132
Problems of implementation of the principle of optimal workload of an investigator’
Abstract
The investigation of crimes is a specific social activity, which has become much more complicated at the moment of the development of society. In this regard, the organizational aspect of the investigation is of particular importance. The fundamental role in the organization of the investigation is occupied by the principles that form the main direction of the activities of all law enforcement agencies, both in organizing the workflow and in the investigation as a whole. This paper examines such an important principle as the optimal workload of the investigator. It seems to us that now investigators in their professional activities aim not so much to ensure security and public order, but to increase their quantitative indicators. In other words, the main task of the investigator is not to combat real crime, but to bring its level to such an extent that each reporting period the indicators of this employee only grow, which would affect a positive assessment of his work. In this regard, proposals have been made to revise the practical implementation of the principle of optimal workload of the investigator. Another important aspect of the optimal workload is the need to take into account the individual characteristics and needs of each investigator. Some investigators may be able to handle more cases than others, while others may need more time and support to complete their tasks. Therefore, it is important to provide each investigator with the necessary resources and support to achieve optimal performance. It should also be noted that the optimal workload depends on the specific conditions and circumstances of each investigation. For example, some investigations may require more time and resources due to the complexity and nature of the crime. In such cases, it may be necessary to adjust the workload accordingly to ensure the most effective investigation
Police activities. 2024;(6):133-148
133-148
On the prospects of using information technologies in forensic activities in the context of the digital transformation of the Russian Interior Ministry system
Abstract
The subject of this study is the theoretical, legal, methodological, organizational foundations and patterns of application of information technologies in the field of forensic science. The object of the study is forensic science related to the use of information technologies. The purpose of the study is to improve and develop theoretical, legal, methodological and organizational proposals for the application of modern information technologies in forensic science. The study uses methods of analysis and synthesis, as well as methods of situational analysis to study the practical application of information technologies in forensic science. The research methodology includes the study of literary sources, analysis of existing automated information retrieval systems, this article describes potential areas of use of artificial intelligence in forensic science. The novelty of the study lies in the systematization and analysis of modern information technologies, as well as in identifying their potential and limitations in the context of forensic science. The study also offers recommendations for the implementation of information technologies in forensic practice and an assessment of their effectiveness. The scientific development of this topic is demonstrated by a number of studies devoted to the application of machine learning, big data processing and neural networks in forensic science. Conclusions: The evolution of new information technologies demonstrates significant potential for increasing the accuracy and efficiency of forensic research; Pattern recognition and big data analysis technologies facilitate faster identification of evidence and establishment of links between them. Automation of processes can reduce the workload of experts and increase productivity. It is necessary to develop legal norms for the safe and responsible use of information technologies in forensic science. The introduction of information technologies requires additional training and advanced training of forensic specialists.
Police activities. 2024;(6):149-164
149-164
A model for the formation of psychological competence of police officers in the field of studying human motivation
Abstract
The object of the study is the professional training of police officers. The subject of consideration is the process of increasing the level of psychological competence of police officers in the field of motivation and motives based on the model developed by him. The author describes a model he developed to increase the level of psychological competence of police officers in the field of studying human motivation and created on its basis a special training program for a refresher course for police officers "Motivation: what is it and how to work with it?". The relevance of the allocation of each of the program blocks is theoretically justified. Each of the topics is characterized in a meaningful way, and the most effective methods of studying it are proposed. It is shown that the formation of psychological competence of police officers in the field of studying human motives is associated with the elaboration of each of its components: knowledge, personal, activity. An important condition in this case is a combination of thoughtful content focused on the practical needs of police officers and the interactive technologies used for its personal and activity development. When writing the article, the author relied on a personal-activity approach. The combination of theoretical and empirical research methods made it possible to comprehensively present the problem under study. Based on the study of scientific literature on psychology and pedagogy, as well as the analysis of best practices, the author justified his own conceptual approach to the implementation of the stated topic, which reflects the scientific novelty of the results obtained. The author describes the model he developed to increase the level of psychological competence of police officers in the field of studying human motivation and the training course program for police officers created on its basis. The practical significance lies in the fact that the article shows that the optimization of the professional activities of police officers is possible on the basis of a deeper study and consideration of the field of knowledge related to human motivation and motives, an effective tool is proposed to increase their psychological competence in this area. Classes on improving the level of psychological competence of police officers in the field of studying human motivation were tested by the author in practice and showed their effectiveness.
Police activities. 2024;(6):165-172
165-172
Features of criminal prosecution for gross violations of traffic rules in certain European states
Abstract
The subject of the research is the peculiarities of criminal prosecution for gross violations of traffic rules in certain European countries. The international experience of research in the field of criminal liability for gross violations of traffic rules was considered. The research analyzed scientific materials included in a series of publications of the Netherlands Institute of Law and Management, published following the results of the International Conference on Criminal Liability for Gross Violations of Traffic Rules, which took place on September 7, 2012 in Groningen (the Netherlands). The authors analyzed analytical reviews devoted to the study of the complex nature of traffic violations, as well as the system of gross violations of traffic rules in a number of European states, highlighted the features of sentencing for these types of crimes in these states. The role of guilt and harm from the point of view of the severity of punishment, psychological aspects of the behavior of drivers of vehicles that are relevant to the causal relationships of the commission of the types of crimes in the field of road safety are also studied. To solve the tasks set and verify the initial theoretical positions, a set of research methods was used: universal dialectical, logical, formal-legal, teleological. The authors conducted a comparative analysis of the current legislation of Russia and foreign countries (the Netherlands, England, Wales), which allows us to state that tougher liability for gross violations of traffic rules will help stabilize safety on public roads. At the same time, the degree of danger should be taken into account, and therefore it is necessary to carry out an additional classification of offenses, by analogy with foreign countries. Thus, in accordance with the legislation of the Kingdom of the Netherlands and the Republic of France, the maximum penalty for negligent traffic violations is higher than an administrative offense, while an intermediate offense is allocated between administrative and criminal liability. This principle can be implemented in Russian legislation, which will distinguish this type of offense into a special one and allow for more accurate classification.
Police activities. 2024;(6):173-184
173-184
Mediation in juvenile justice: a perspective assessment
Abstract
The Russian legislator is currently following international trends that determine the development of restorative justice for minors, the application of the principles of humanization and liberalization of criminal responsibility and punishment. The Russian criminal procedure provides for separate mechanisms that allow the release from criminal liability and punishment, in particular, they include compulsory measures of educational influence and the possibility of reconciliation with the victim in a criminal case. The subject of the study is individual legal norms that establish the specifics of mediation in Russian legal reality while mentioning the used foreign experience; scientific literature on this topic. The purpose of the work is to consider the potential possibility of introducing the mediation into the Russian criminal process in the administration of juvenile justice. The methods used include general scientific (analysis, synthesis, system) and private scientific, among which a special place is given to the formal legal one. The relevance of this author's research is due to the ongoing scientific discussions on this topic, while the voiced points of view are contradictory. The scientific novelty of the research is associated with the conducted critical analysis of a large number of author's points of view, on the basis of which the author formulated and justified his own conclusions. In the end, the author comes to the conclusion that despite the possible positive impact of mediation for resolving legal conflicts, its use in juvenile justice is more rational in relation to persons who have not reached the age of criminal responsibility, and it is more expedient to be guided by existing norms in the criminal process. Consequently, changes in the criminal procedure legislation in this part are not required.
Police activities. 2024;(6):185-196
185-196