scholarly journals State protection and implementation of civil rights in russian law enforcement

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 519-524
Author(s):  
Andrey A. Metsger

The article aims at studying the guarantees of civil rights in terms of their constitutional and industry-based specifics. The main method used in this article was the deductive method that allowed studying the legal nature and specifics of state protection, as well as the guarantees of civil rights in law enforcement (as exemplified by the Russian Federation). The article has proved that the theoretical issue of effective state protection and civil rights implementation in Russian law enforcement remains unresolved. The study has revealed that law enforcement is effective when the principles of social justice, legality, reasonableness, and expediency are observed. Thus, social justice is not the only problem of modern law enforcement: law enforcement activities must comply with the principles of legality, fairness, expediency, and validity. Under the current conditions (with due regard to the current development of legal awareness and legal culture), law enforcement officers should meet the principles of legality and validity when deciding. Only such an attitude can help achieve a long-term perspective in law enforcement, i.e. to ensure fairness in decision-making.

2021 ◽  
Author(s):  
Theresa Pfister ◽  
Sarah Beach ◽  
Lindsay Carlisle ◽  
Jesse Fleming

<p>This study utilizes the 2017-2018 Civil Rights Data Collection to explore referrals to law enforcement of public high school students with intersectional identities (racial/ethnic, gender, dis/ability status). We ran negative binomial regressions via Stata 17.0 to predict risk by intersectional identities and utilized covariates including psychological supports, counselors, social workers, security guards, law enforcement officers, Title I status, and school size. Results indicate that school-based law enforcement officers predicted higher law enforcement referrals for Black, Hispanic, and American Indian/Alaskan Native male students with and without disabilities. Psychological supports, however, predicted lower law enforcement referrals for Black males and American Indian/Alaskan Native male students with and without dis/abilities. As the nation addresses systemic racism in the public school system, the experiences of students with intersecting identities must be better understood.</p>


Author(s):  
Pavel S. Rakhmanov

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.


Author(s):  
V.A. Kaznazcheev ◽  

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.


2021 ◽  
Author(s):  
Cassandra Cross ◽  
Thomas Holt

Advancements in information technology are sources of both opportunity and vulnerability for citizens. Previous research indicates that there are significant challenges for police in investigating cybercrime, that community expectations about police responses are based largely on media representations, and that victims experience high levels of frustration and stigmatisation. This paper examines the views of the Australian community and law enforcement officers about the policing of cybercrime. Results suggest that police personnel are more likely to view cybercrime as serious, and community members are more likely to ascribe blame to victims. Results also indicate a discrepancy between police and community members in their views of the efficacy of police responses. These discrepancies contribute to public dissatisfaction. Therefore, the paper covers some general strategies for short-and long-term cybercrime prevention.


Author(s):  
E. V. Loos

The article discusses the legal and philosophical aspects of the application in the Russian Federation of the principle of increased tolerance of public persons to criticism addressed to them established by the European Court of Human Rights. The author believes that the principle in question contradicts Article 19 of the Constitution of the Russian Federation that guarantees equality of human and civil rights and freedoms regardless of property and official status, membership in public associations, as well as other circumstances. The author has questioned the appropriateness of the introduction of the principle of increased tolerance in Russian law enforcement practice, since it does not contribute to the realization of the “spirit of the law,” while leading to unnecessary accumulation of the law. It is noted that the question of the balance between the right to freedom of expression and opinion and the right to protection of the honour and dignity of the person in the process of criticism of public persons and their activities cannot be settled exhaustively in the legislation as it affects the sphere of morality.


Author(s):  
Сергей Владимирович Расторопов ◽  
Ксения Валерьевна Брежнева

В данной статье авторы раскрывают проблему противодействия профессиональной деформации сотрудников правоохранительных органов путем их приобщения к тюремной субкультуре, идеологии «АУЕ» (криминальная инкультурация) начиная от зарождения девиантных мыслей до совершения преступлений, а также рассматривают некоторые вопросы детерминации и профилактики данного явления. Авторы отмечают, что приобщение сотрудников правоохранительной системы России к идеям криминального мира является следствием одного из направлений тщательно продуманной деятельности криминальных авторитетов, находящихся как в местах лишения свободы, так и на свободе, в отношении действующих сотрудников силовых структур. В статье рассматривается возможность привлечения сотрудников к ответственности по ч. 3 ст. 282. 2 УК РФ (Участие в деятельности экстремистской организации с использованием лицом своего служебного положения). Авторами подчеркивается важность уголовно-правового предупреждения в рассматриваемом вопросе. В заключение авторы отмечают необходимость четкого разграничения таких неприемлемых идейных взгляды сотрудников ведомственных структур, как принятие, тяготение, приобщение, поддержание, потворствование, распространение и привнесение в служебно-деловое и бытовое общение норм тюремной субкультуры, с общечеловеческими понятиями: сочувствием, пониманием, сопереживанием, чуткостью, взаимоуважением, взаимопомощью, которые также могут проявляться в работе и с лицами, совершившими преступления. In this article, the author reveals the problem of professional deformation of law enforcement officers by introducing them to the prison subculture, the ideology of «AUE» (criminal inculturation), starting from the inception of deviant thoughts to the commission of crimes by them, and also considers some issues of the determination and prevention of this phenomenon. The authors note that the introduction of the Russian law enforcement system to the ideas of the criminal world is a consequence of one of the directions of carefully thought-out activities of criminal authorities, both in places of imprisonment and at large, in relation to the current employees of law enforcement agencies. The article considers the possibility of bringing employees to responsibility under Part 3 of Article 282.2 of the Criminal Code of the Russian Federation (Participation in the activities of an extremist organization using a person's official position). The authors emphasize the importance of criminal law prevention in the issue under consideration. In conclusion, the authors note the need for a clear distinction between such unacceptable ideological views of employees of departmental structures as acceptance, attraction, communion, maintenance, indulgence, dissemination and introduction into official, business and everyday communication of the norms of the prison subculture, with universal concepts: sympathy, understanding, empathy, sensitivity, mutual respect, mutual assistance, which can also manifest themselves in working with persons who have committed crimes.


2020 ◽  
Vol 53 (1) ◽  
pp. 117-134
Author(s):  
Serguei Cheloukhine ◽  
Nesibeli Kalkayeva ◽  
Tima Khvedelidze ◽  
A.R. Bizhanova

This study examines crime and corruption among Russian law enforcement agencies after 2009 Police Reforms (henceforth referred to as Reforms). These Reforms sought to curb corruption at all levels of the Russian civil service and among uniformed law enforcement personnel. Many law enforcement officers thought that the rebranding of the militsiya as “politsiya” would have a transformational effect within the organization as well as how others perceived it. Ultimately, the rebranding effort failed; the only concrete changes were the organization's name and its personnel's uniforms. In fact, the Reforms seem to have contributed to even more corruption and abuse of power, as well as an expansion of the Ministry of Interior's ties to corrupt networks.


2019 ◽  
Vol 118 (2) ◽  
pp. 139-153
Author(s):  
Lee K Cerveny ◽  
Joshua W R Baur

Abstract National forest law enforcement officers regularly encounter “nonrecreational” campers whose tenure exceeds established stay limits (generally 2 weeks). Some long-term occupants are homeless and seek use of the forest as a temporary or long-term residence. Long-term nonrecreational campers present myriad concerns for forest officials, who seek to balance public access and resource conservation. In addition to biophysical impacts because of waste, disposal of chemicals, soil compaction, and damage to vegetation, nonrecreational campers can alter the social environment being shared with other forest visitors. For this exploratory study, US Forest Service law enforcement officers (n = 290) were surveyed to assess officer perceptions of the frequency of encounters, trends, and types of nonrecreational campers. We provide a descriptive summary of major findings and point out regional variations and trends. Officers perceive regional variations in the frequency of encounters with nonrecreational or homeless campers as well as types of campers encountered.


2021 ◽  
Author(s):  
Theresa Pfister ◽  
Sarah Beach ◽  
Lindsay Carlisle ◽  
Jesse Fleming

<p>This study utilizes the 2017-2018 Civil Rights Data Collection to explore referrals to law enforcement of public high school students with intersectional identities (racial/ethnic, gender, dis/ability status). We ran negative binomial regressions via Stata 17.0 to predict risk by intersectional identities and utilized covariates including psychological supports, counselors, social workers, security guards, law enforcement officers, Title I status, and school size. Results indicate that school-based law enforcement officers predicted higher law enforcement referrals for Black, Hispanic, and American Indian/Alaskan Native male students with and without disabilities. Psychological supports, however, predicted lower law enforcement referrals for Black males and American Indian/Alaskan Native male students with and without dis/abilities. As the nation addresses systemic racism in the public school system, the experiences of students with intersecting identities must be better understood.</p>


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