scholarly journals Юридизация области дисциплинарных отношений в рядах российской милиции (1917-1919 гг.)

2021 ◽  
Vol 70 (6) ◽  
pp. 90-93
Author(s):  
С.Ю. Чимаров ◽  
В.С. Бялт

The article presents an analysis of the legal regulation of the disciplinary responsibility of Russian militia employees during the period of the change in government models from the tsarist era to the era of democratic transformations and the transition to the Soviet-style government regime. Focusing on the desire of the new government to strictly systematize the issues of disciplinary responsibility of domestic police officers in the specified period of time, the authors substantiate the need to strengthen the police ranks on the basis of disciplining the personnel of the updated law enforcement agencies.

2020 ◽  
Vol 73 (4) ◽  
pp. 44-52
Author(s):  
Liubov Knyazkova ◽  
◽  
Ivan Ivanov ◽  

The article deals with the research of the issues of pension provision for police officers as a component of their social security. Since the category of police employees is new to Ukraine, its significance for labour law and, accordingly, the value of the police for the society, whose citizens they protect, has been characterized. An analysis of statutory acts regulating the pension provision for law enforcement bodies' employees has been carried out. The concept of a seniority pension for police officers has been defined as a monthly payment from the Pension Fund of Ukraine intended to compensate for lost pay and allowances and granted upon resignation for the purpose of maintaining living standards of citizens having the seniority of a specified duration in law enforcement bodies, the National Police, the Court Protection Service, the State Fire Protection Service, the State Service of Ukraine for Special Communications and Information Protection, bodies and divisions of the Civil Protection Service, the Tax Police or the State Penitentiary Service of Ukraine, whose occupational incapacity is presumed to set in before they reach the retirement age established by law for awarding an old-age pension. The author proposes the adoption of a new law on pensions precisely for police officers. For in contrast to the definition of Militia (the name the police were called in the Soviet Ukraine and during a number of the post-Soviet years) as an armed body of the executive branch, the Law of Ukraine "On the National Police" defines the police as a central body of the executive branch that serves the society by ensuring the protection of human rights and freedoms, combating crime, maintaining public security and order. According to the author, the legal regulation of the pension provision for servicemen and police employees by a single statutory act (law) does not correspond to the realities of today. Conclusions have been formulated on supplementing the Law of Ukraine "On the National Police" with the provision that restrictions of guarantees of social and legal security of the law enforcement bodies' employees shall not be allowed when adopting laws and bylaws, as well as when making decisions by law enforcement agencies of the state. Special attention has been paid to calculating the amount of police officers' seniority pension. The procedure for determining the amount of pension depending on the length of service has been analysed. The author believes that lowering the limit of the seniority pension for law enforcement bodies' employees, including police employees, initially from 90 down to 80 per cent and then from 80 down to 70 per cent of their pay and allowances is a violation of the Constitution of Ukraine. Constitutional rights and freedoms are guaranteed by the state and cannot be revoked when adopting new laws or amending existing ones. No narrowing of the content and scope of existing rights shall be allowed. The author proposes to work out a new Procedure for recalculating pensions granted to police officers. Outdated statutory acts governing the procedure for recalculating pensions granted to law enforcement bodies' employees contain controversial provisions, have conflicting points, do not comply with the Constitution of Ukraine and the realities of today, and are therefore subject to repeal.


2018 ◽  
Vol 9 (3) ◽  
Author(s):  
Aleksey Soshin ◽  
Viktor Samsonov

At the present time, an analysis of legal regulation and the practice of using administrative coercive measures by law enforcement agencies is gaining ground, as sound enforcement of the norms of administrative legislation is important in identifying the degrees of efficiency, implementation of goals and measures of ensuring the procedures in cases of administrative offences, as well as the general state of legality in the field of public administration. In spite of the fact that the police officers are authorized to apply various measures of ensuring the procedures in cases of administrative offences, the most high-demand ones are examination of motor vehicles, banishment from motor vehicle driving, alcohol testing, medical alcohol testing. Compliance with the procedural order of application of the specified measures, correct drawing up procedural documents, is a guarantee of an objective examination of the case of administrative offence and bringing the law-breaker to responsibility established by the law. At the same time, the sphere of application of the measures noted observes both certain drawbacks of the acting administrative legislation and imperfection of law enforcement practice, which hinders implementing the goal of maintaining legitimacy in the sphere of public administration.


2018 ◽  
Vol 301 ◽  
pp. 53-59
Author(s):  
Daniel Markiewicz ◽  
◽  
Bartłomiej J. Bartyzel ◽  
Michał Borusiński ◽  
Grzegorz Bogiel ◽  
...  

The issue of post-mortem examination of animals, whose death occurred as a result of suffered gunshot wounds, is very rarely discussed in literature, most often on the occasion of researching into and describing other problems. This article presents an attempt to bring together the achievements of veterinary forensics in this area. As a starting point, the current legal regulation was adopted, pointing to penal sanctions resulting from the illegal use of weapons in relation to animals. Subsequently, the possibilities of using modern imaging techniques in post-mortem examinations carried out by veterinarians at the request of law enforcement agencies were presented. The scientific reports discussed herein have been supplemented by examples of sectional examinations carried out at the request of law enforcement agencies in Polish scientific institutions. The article indicates that the results of examination of gunshot wounds suffered by people in various circumstances may be used for the purpose of issuing forensic veterinary opinions, just as the results of examination of gunshot wounds of large mammals may be helpful in examining the effects of gunshot injuries in humans.


2021 ◽  
Vol 78 (2) ◽  
Author(s):  
Lawrence Judge ◽  
Tonya Skalon ◽  
Makenzie Schoeff ◽  
Shannon Powers ◽  
James Johnson ◽  
...  

While most law enforcement agencies recognize the importance of physical fitness for their officers and encourage them to maintain an adequate level of fitness, many find it difficult to implement a fitness program successfully. Prior studies and literature support the implementation of community-centered fitness initiatives. The purpose of this study was to (1) describe participant outcomes from the service- learning project Officer Charlie Get Fit Project and (2) delineate Kolb’s experiential learning model implemented by undergraduate kinesiology majors when applied in an exercise setting. Students were charged with working directly with police officers over an 8-week program with the goal of lowering health-risk factors for the participants. Additionally, the project provided an opportunity for students to assess their own learning style and infuse it in a real-world professional application. Participants included 16 police officers (M = 44.6, SD = 10.7 years of age) and one elected city administrative official. Paired sample t tests revealed nonsignificant differences between the pretest and posttest scores on the 10 fitness measures. Descriptive statistics revealed improvements in categories of body weight, BMI, waist circumference, hip circumference, resting heart rate, systolic blood pressure, diastolic blood pressure, sum of skinfolds, and overall body fat percentage. Participant exit interviews indicated positive qualitative results. The student reflection piece indicated that the frequent writing helped with (1) the myriad of planning and preparation issues, (2) selecting a community partner and recruiting participants, and (3) data collection and analysis. This study was an important assessment of immersive learning opportunities provided through classroom lecture and development of community partnerships.


Author(s):  
Павел Николаевич Красоткин ◽  
Александр Николаевич Ласточкин

В статье рассматриваются некоторые вопросы правовой регламентации и практики проведения первоначальных розыскных мероприятий в отношении осужденных к наказаниям в виде обязательных работ, исправительных работ и ограничения свободы, уклоняющихся от контроля уголовно-исполнительных инспекций, а также исследованы проблемы их осуществления в некоторых территориальных органах Федеральной службы исполнения наказаний. К проблемам организационно-правового характера, связанным с порядком проведения первоначальных розыскных мероприятий в отношении указанных категорий осужденных, следует отнести: формулировку понятия первоначальных розыскных мероприятий; незаконное проведение мероприятий по установлению местонахождения осужденных к лишению права занимать определенные должности или заниматься определенной деятельностью; низкий уровень взаимодействия уголовно-исполнительных инспекций с полицией (по вопросам задержания, доставления в суд, представления интересов инспекций в судах) и судами (по вопросам замены наказания и обязательному личному присутствию осужденных в зале судебного заседания); границы полномочий сотрудников инспекций и полиции по вопросам задержания осужденных, направления представления в суд о заключении осужденного под стражу, их доставления в суд; особенности расчета сроков, установленных для проведения мероприятий; неопределенность сроков подачи в суд представления о замене ограничения свободы другим видом наказания; материальную ответственность осужденных; форму участия осужденных в судебном процессе; особенности сроков исчисления задержания; проведение первоначальных розыскных мероприятий в случае неявки осужденного для постановки на учет; особенности задержания уклоняющихся осужденных в других регионах России, других государствах. Высказываются предложения по совершенствованию российского законодательства и правоприменительной практики. The article discusses some issues of legal regulation and the practice of conducting initial investigative measures in relation for persons sentenced to punishment in the form of compulsory labor, correctional labor and restriction of freedom, evading control of penal inspections and also explores the problems of their implementation in some territorial bodies of the Federal Penal Service. The organizational and legal problems associated with the procedure for conducting initial investigative measures in relation to these categories of convicts include: the wording of the initial investigative measures; illegal measures to establish the whereabouts of persons deprived of their right to occupy certain positions or engage in certain activities; low level of interaction of the penal inspectorates with the police (regarding detention, transfer to court, representing the interests of inspections in the courts) and the courts (regarding the replacement of sentences and the mandatory personal presence of convicts in the courtroom); the boundaries of the powers of inspectorates and police officers in matters of detention of convicts, the direction of submission to the court on the detention of the convicted person, their transfer to court; features of calculating the deadlines set for events; the uncertainty of the deadline for filing with the court the idea of replacing the restriction of freedom with another type of punishment; liability of convicts; the form of participation of convicts in the trial; features of terms of calculation of detention; conducting initial investigative measures in case of non-appearance of the convicted person for registration; features of detention of evading convicts in other regions of Russia and other states. Suggestions are made for improving Russian legislation and law enforcement practice.


2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.


2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.


Author(s):  
Somon Latifzoda

This article discusses the main problems and issues of professional and psychological suitability in the system of the Ministry of Internal Affairs of the Republic of Tajikistan. The analysis of the existing scientific literature was carried out, and also the author's recommendations were formulated to improve the professional training and professional suitability of the employees of the Ministry of Internal Affairs. Along with the professional training of police officers, their psychological qualities also play a decisive role in ensuring efficiency in operational-search activities. The quality and effectiveness of the implementation of operational-search activities, then its level directly depends on the psychological characteristics of the operative and his professional training. It should be noted that scientifically grounded conclusions about the professional and psychological suitability of employees can only be achieved with the help of high-quality and correct psychological diagnostics, that is, using psychometric methods. The basis for the survey of professional and psychological suitability, the procedure, procedure, conditions and terms of the survey, cases of re-examination are determined by regulatory legal acts. Consequently, the research and scientifically grounded measures to determine professional suitability in the internal affairs bodies of the Republic of Tajikistan are relevant, and the scientifically grounded results obtained as a result of our research can be used to further improve the professional and psychological selection to the law enforcement agencies of the country.


2020 ◽  
pp. 189-209
Author(s):  
Nataliia Voitovych

The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, content and principles of surveillance as a measure and a method of OSA and covert investigative activities in combating and preventing crime actions. Mutual enrichment with historical and legal methods provided systemity of the research. Historical study of surveillance in combination with the study of regulatory legal acts created new opportunities for interdisciplinary research. The application of general scientific methods, namely systematization, generalization, problem-chronological, comparative-historical, historical-legal methods allowed to trace the influence of the legal component on the history of introduction and development of surveillance in the "long" XIX century and peculiarities of its usage in the conditions of the newly formed states and political systems in the interwar period.The scientific novelty lies in a detailed historical and legal analysis of the content of regulatory legal acts concerning legal grounds for surveillance, a comprehensive study of its content, gaps and peculiarities of usage in non-democratic political regimes.Conclusions. The article provides historical analysis of evolution and usage of surveillance, which has experienced several stages connected with improving the performance of security functions, in preventing crimes. The attention is focused on the most characteristic features of  implementing surveillance as a universal measure of obtaining information and distributing tasks between the states' law enforcement agencies and a means of combating representatives of political forces and structures constituting a real and hypothetical threat to the state / regime. The similarity of performing functions by law enforcement agencies (and the role of surveillance) in the conditions of different state formations, despite fundamental differences in the forms of government and the nature of political systems, is proved.


2021 ◽  
pp. 131-194
Author(s):  
Noah Tsika

Throughout the first half of the twentieth century, police censorship of motion pictures was a significant and always controversial index of the expansion of law enforcement agencies to include activities that many Americans deemed unbecoming of cops. As such, it offers considerable insight into contemporary debates over the scope of police power in the United States. Today’s arguments have deep roots, including in a practice that was far more prevalent—and far more contentious—than conventional histories allow. When it came to vetting motion pictures, the methods of municipal police departments varied widely. But they often illuminated broader problems: Detroit police officers who voted to ban anti-Nazi films were themselves outspoken white supremacists; Chicago cops who balked at cinema’s suggestions of eroticism were also, outside of departmental screening rooms, aggressively targeting sex workers; and Southern lawmen who sought to eliminate intimations of racial equality were known for their brutal treatment of Black residents. Police censorship of motion pictures took place not in a vacuum but within the ever-widening ambit of law enforcement, and it merits scrutiny as a measure of the authority, influence, and cultural identities of municipal cops.


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