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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 03/2018
Contents of Issue № 03/2018
The police and criminal procedure
Topilina T. - Implementation of the Parallel Investigation in Criminal Procedure pp. 1-12

DOI:
10.25136/2409-7810.2018.3.27166

Abstract: The subject of the research is the legal norms of the Russian and foreign legislation governing the procedure for obtaining an expert opinion as well as the procedure and methods for challenging it, judicial practice and developed theoretical propositions. The object of the research is the public relations arising in connection with the implementation of advocacy activities challenging the expert's opinion in the court of first instance. The author focuses on the continental and Anglo-Saxon system of investigation in criminal procedure. Special attention is paid to the discussion about the possibility of introducing "parallel investigation" into criminal procedure in the countries of the continental legal family. The methodological basis of the research is a set of general, particular and special research methods. In the course of the study the author has used the dialectical method, systemic and comparative legal methods. As a result of the research, the author comes to the following conclusions: the existing division of the procedure for obtaining an expert opinion based on differences between continental and Anglo-Saxon legal systems does not correspond to the realities of the modern world; and special contribution of the author is a comprehensive comparative legal study of the institution of an expert opinion in criminal procedure.  
Reforming and upgrading the police
Shelud'ko V.O., Obraztsov S.V. - The Problems of Prospects for Creation of the Municipal Militsia in Russia pp. 13-19

DOI:
10.25136/2409-7810.2018.3.26762

Abstract: The subject of the research is the attempts to create the municipal militsia in modern Russia.The object of the research is the reform of the internal affairs bodies of the Russian Federation at the present stage in the aspect of their interaction with local authorities in the field of public order protection. The authors consider such aspects of the topic as the background of the issue, conceptual differences between the state militsia and the municipal militsia, regulatory framework for the participation of local governments in the protection of public order, legal conflicts on this issue, accumulated experience of legal regulation on the protection of public order in municipalities, positions of various parties on the problem under study. Special attention is paid to the problems and prospects of creating the municipal militsia in Russia. In the course of the study the authors apply the formal-logical method, comparative-historical method, system analysis of the Russian legislation provisions, and comparative law analysis. The main conclusions of the study are the recognition that at the present stage there are no prospects for the creation of a municipal police in Russia, because the opinions of the parties are diametrically opposed and only a manifestation of the political will of the state can bring them to consensus. Special contribution of the authors to the study of the topic is their invitation to realize that the creation of the municipal militsia should not be an end in itself, the proposal to exclude from the Federal Law "On the general principles of local government organization in the Russian Federation" the rule on municipal police, the proposal to use the domestic pre-revolutionary experience. The novelty of the study is caused by the fact that the authors analyze the provisions of Russian legislation relating to the participation of local authorities in the protection of public order and prospects for the municipal militsia in Russia.
Operative investigation in police work
Erdolatov C.S. - The Way of Exortion Commission as an Element of the Criminalistic Feature of Crime pp. 20-25

DOI:
10.25136/2409-7810.2018.3.26779

Abstract: The article is devoted to the analysis of the methods of extortion including those with the participation of organized criminal groups which are one of the central elements of the forensic characterization of this category of cases. For disclosing the stated topic of the article, the author based on the analysis highlighted three fundamental positions of a number of authors on the notion of the method of committing a crime as a whole, where on the basis of their critical analysis the author’s approach to this is sufficiently debatable, including relatively organized extortion. The results presented in the article are obtained on the basis of the use of such methods of scientific analysis as comparative legal analysis, deduction, induction and synthesis. The author of the article substantiates the fallacy of some positions of individual authors regarding the structure of the method of extortion with the participation of organized criminal groups. The influence of the qualitative characteristics of members of an organized group on the method of extortion is also shown. On the basis of the conducted research, a conclusion was drawn on the peculiarities of the correlation connection between the situation and the way of extortion.
Preventative work of the police
Zubenko E.V., Kuklin O.B. - Legal Education of Road Users as the Means of Prevention of Road Accidents pp. 26-31

DOI:
10.25136/2409-7810.2018.3.27383

Abstract: The subject of the research is the features of legal education of such a category of persons as road users. The object of the research is the public relations that regulate issues of legal education of citizens in the field of road safety at the legislative level in the Russian Federation. At the same time, the category of “legal education of citizens” is investigated as the means of preventing road traffic crimes and offenses as part of a preliminary investigation in a criminal case on criminal violations of traffic rules. The research methodology consists the dialectic and formal legal methods of scientific knowledge as well as the analysis of legal literature and the study of the practice of investigating criminal cases for the commission of road traffic crimes. Based on an in-depth study of the scientific literature, the authors come to the conclusion that the conceptual foundations of the category “legal education in the investigation of criminal cases of traffic accidents” are insufficiently developed theoretically. Summarizing and analyzing the existing theoretical approaches to the definition of legal education, as well as the content of federal targeted programs aimed at improving road safety, the authors formulate the legal definition of the concept under consideration. In conclusion, it is pointed out the need to develop and introduce modern means of legal education for participants in criminal proceedings in cases of accidents, which will contribute to improving the prevention of road traffic crimes and incidents.
History of the Russian police force
Erin D.A. - Organisation and Activity of the Soviet Police of the RSFSR During the Period Since 1918 Till 1922 (the Case Study of Industrial, Water, Railway Police) pp. 32-41

DOI:
10.25136/2409-7810.2018.3.27163

Abstract: The subject of the research is the organizational and legal regulation of the activities of the specialized types of Soviet police - railway, water (river) and industrial — to ensure the economic security of the RSFSR. The object of the research is the social relations that have developed about the activities of the Soviet police in the period 1918-1922. On the basis of the analysis of the normative legal acts of the Soviet government, departmental orders and instructions of the NKVD of the RSFSR, the organization and activities of the specialized types of Soviet militia, as well as their main activities, are examined through the lens of the economic security of the Soviet Republic. The study is based on a set of general scientific, private and special methods. In particular, the dialectical method of cognition was widely used, based on objectivity, scientific character, historicism, the unity of historical and logical, which serves as the basis for an objective study of state-legal institutions in the context of their historical development. As a result of the research, the author concludes that specialized types of police of the RSFSR (railway, water (river) and industrial) made a significant contribution to ensuring the economic security of the RSFSR during the civil war and foreign intervention. Besides, the author of the article notes that the experience of the functioning of the railway, water (river) and industrial militia was in demand with the subsequent development of the domestic system of internal affairs bodies.
Sergeev A. - Police Supervision at Industrial Facilities of the Russian Empire at the End of the XIXth - Beginning of the XXth Century (the Case Study of the Vyatka Province) pp. 42-47

DOI:
10.25136/2409-7810.2018.3.27210

Abstract: The subject of the research is the main problems of the establishment and development of factory police in the Vyatka Province in terms of the economic upturn of the late XIX - early XX centuries, growth of the working class and the deterioration of the crime situation in cities and factory villages. The role of the provincial administration and the factory management in solving the issue of improving the efficiency of law enforcement in industrial enterprises is shown. The level of material well-being and professionalism of police officers is analyzed. The methodological and theoretical foundations of the research are based on the principles of consistency, objectivity, comparativism and historicism. The author has applied historical-systemic, historical-comparative, and historical-legal methods. Based on the research, it was concluded that the formation of factory police in the Vyatka Province as well as in Russia as a whole took place spontaneously, without a clear plan and preliminary preparation, and the effectiveness of law enforcement at industrial enterprises remained low due to insufficient professionalism. and material support of the police personnel. The results of the study can be used in the development of special courses and writing manuals on the history of the Russian police.
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