On the criteria for defining the concept and the state of legal regulation for the civil service of other types in the Russian Federation

2021 ◽  
Vol 23 (3) ◽  
pp. 6-12
Author(s):  
ALEXANDER GURINOVICH ◽  

This article analyzes the relevant legislation, identifies the basic criteria for defining the concept of the civil service of other types in the Russian Federation, and describes the current state of its legal regulation. The service of other types is carried out in the federal-state bodies and organizations subordinate to them; such organizations perform special functions to ensure security, law and order, combat crime and protect citizens’ rights and freedoms. The author identifies the reasons for the abolition of such a concept as “law enforcement service” in the civil service systems and considers the process of its transformation into a new segment within this system. Based on the conducted comparative analysis of legislative and subordinate legal acts containing relevant regulatory provisions, the analysis shows that today the civil service of other types is carried out in state bodies defined as law enforcement agencies. To reflect the current state of legal regulation for the civil service of other types, the author notes an increase in the corresponding legislative framework in recent years. The issues of legal regulation of work in the field of civil service of other types are worked out in special laws regarding employees of customs authorities, internal affairs bodies, the federal fire service, the criminal justice system, and enforcement bodies. In addition, the article outlines the key priorities for further improvement of legal regulation.

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.


Author(s):  
S. V. Matveev ◽  
S. M. Kolotova

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 


2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.


Lex Russica ◽  
2020 ◽  
pp. 9-17
Author(s):  
N. A. Kulakov

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.


Author(s):  
Роман Нагорных ◽  
Roman Nagornyh

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.


2019 ◽  
Author(s):  
АЛЕКСАНДР ИВАНОВИЧ АБАТУРОВ ◽  
ALEXANDER IVANOVICH ABATUROV ◽  
Сергей Боровиков ◽  
Sergey Borovikov ◽  
ИВАН ВЛАДИМИРОВИЧ ДВОРЯНСКОВ ◽  
...  

The textbook is prepared in accordance with the provisions of the Constitution of the Russian Federation, the Criminal Executive code of the Russian Federation, Federal laws, international legal acts. It examines in detail the concepts, categories and institutions of the General and Special parts of the criminal Executive law. All changes of the legislation regulating the order and conditions of execution of criminal penalties and other criminal-legal measures are considered, and also the latest scientific, educational and methodical literature on criminal-Executive law is used. The material is presented in an accessible form for effective assimilation of the training course. Meets the requirements of the Federal state educational standards of higher education of the last generation. For students, cadets, students studying in the direction of training "Jurisprudence", employees of the criminal Executive system and other law enforcement agencies, as well as for anyone interested in the application, execution and serving of criminal penalties and other criminal legal measures.


2021 ◽  
Vol 3 ◽  
pp. 11-15
Author(s):  
Oleg G. Kovalev ◽  

The article examines the current state, features and trends of cybercrime, legal and organizational problems of countering it by Ministry of Defense of the Russian Federation, law enforcement agencies and special service of the Russian Federations. Based on the theoretical and empirical research, it is proposed to consider cybercrime as a threat to national security in modern Russia. Conducting comprehensive scientific research in this area.


2021 ◽  
Vol 16 (4) ◽  
pp. 174-183
Author(s):  
L. V. Mikhaylova

The paper deals with the problems of control over crime in the sea, contradictions and gaps in regulations that determine the procedure for considering reports of crimes, conducting operational-search measures when committing criminal acts outside the Russian Federation. The existing legal regimes in the sea do not take into account the specifics of operational search activities and, therefore, are not applicable for detecting, suppressing and solving crimes, as well as making decisions on received messages and statements. The author formulates recommendations for law enforcement officers, as well as makes proposals for improving international tools and departmental regulations aimed at solving the problem associated with ensuring compliance with the rules of law in the sea. It is important to note that the improvement and expansion of law enforcement capabilities can be achieved through the adoption of effective measures that combine the introduction of relevant provisions into national legislation, as well as international cooperation of many states.


Author(s):  
Konstantin V. Mordvinov ◽  
◽  
Uliana A. Udavikhina ◽  

In the current context of heightened economic and socio-political conflicts around the world, there is a crisis of confidence in the state institutions that provide public security. The authors of the article consider the problem of forming the image of law enforcement agencies in the Russian Federation and abroad as a way to increase confidence in the state system. An analysis of the current state of the Russian law enforcement system’s image is presented as well as the analysis of some reasons for the negative attitude of the population towards employees of penitentiary institutions and the role of mass media in shaping the image of law enforcement agencies. The analysis of the current state of the law enforcement system’s image is supplemented by a review of the results of studies of the reputation of law enforcement bodies in the US and European countries. Successful domestic and foreign practices of reputation enhancement and improvement of interaction with the population are analyzed, such as: informing on the activity and employees of law enforcement agencies in social networks, interaction with the population through specialized electronic portals and social networks, popularization of thematic books, films and TV series etc. The authors of the article proposed a set of measures to form a positive image of the law enforcement system, increase public confidence in the law enforcement agencies of the Russian Federation in the framework of the Center for Public Security and Law Enforcement Research at the North-West Institute of Management of the RANEPA.


2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Сергей Чаннов ◽  
Syergyey CHannov

The article discusses the current state of the law enforcement public service legislation. It is noted that the development of the legal regulation of law enforcement service over the past decade shows that legislators don’t understand to the full extent its specificity and differences from other types of public service. The author criticizes the refusal to use the term “law enforcement service” in the Federal Law “On the public service of the Russian Federation”, according to author´s opinion the service at specific positions in law enforcement service has a number of features in comparison with civil and military service and is characterized by a certain internal unity. The article compares approaches to the legal regulation of service at certain positions in different law enforcement agencies. The author notes that taken in recent years legislative acts concerning the service in law enforcement agencies mostly contain overlapping rules. This situation violates one of the principles of legal technique - maximum economy of norms in the presentation of legal regulations, prevention of their repetitions.


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