scholarly journals Improper work of Russian law-enforcement agencies as determinant of corruption-related crimes committed by government officials

Author(s):  
Valentina Nikolaevna Turkova ◽  
Anastasia Nikolaevna Archipova ◽  
Nikolai Nikolaevich Kitaev
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.


2020 ◽  
Vol 58 (3) ◽  
pp. 315-336
Author(s):  
Gerhard Anders ◽  
Fidelis E. Kanyongolo ◽  
Brigitte Seim

ABSTRACTThe article argues that the impact of law enforcement efforts against corruption deserves more scholarly attention. Drawing on a mixed-methods study from Malawi in southern Africa, where a large-scale law enforcement operation has been investigating and prosecuting those involved in a 2013 corruption scandal known as ‘Cashgate’, the article explores the potential for corruption deterrence from the perspective of government officials in the Malawi civil service. Malawi provides a challenging environment for deterrence due to limited state capacity, weak law enforcement agencies and widespread corruption. Nonetheless, the research findings show that Malawian government officials perceive prosecutions and convictions to deter corruption, both with regards to the law enforcement response to Cashgate specifically and law enforcement efforts in general. The findings from Malawi suggest that law enforcement and criminal justice have the potential to make an important contribution to anti-corruption strategies in Africa and the Global South at large.


2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.


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.


Author(s):  
Clement Guitton

How and why does the attribution of an incident become the responsibility of the executive rather than the judiciary? How do the processes of attributing a criminal incident and attributing a national security incident differ? This chapter offers a two-pronged model for attribution, based on the nature of the process either as criminal or as a threat to national security. Criminal cases rarely rise to the level of "national threat," and are mostly dealt with by law enforcement agencies and subsequently by judiciary organizations. Several cases, based on certain criteria, fall within the remit of the executive rather than the judiciary, because government officials regard them as threats to national security. This transfer has several consequences. First and foremost, the question of knowing the full name of the attacker becomes less relevant than knowing who the enemy is and who the sponsors are; for instance, a state actor or a terrorist organization. Second, a national security incident usually implies broader investigative powers, especially those of intelligence services, which can use secret methods bordering legality.


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.


2018 ◽  
Vol 55 ◽  
pp. 02011
Author(s):  
Natalia Embulaeva ◽  
Lyubov Ilnickaya

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.


Author(s):  
Richard A. Rosenthal

Purpose The purpose of this paper is to involve interviews with civilian oversight of law enforcement (COLE) directors from throughout the USA with the purpose of obtaining their perspectives on what it takes to create and sustain successful COLE programs. Design/methodology/approach The project involved 24 semi-structured interviews with experienced COLE directors. The interviews were transcribed and coded and this paper presents these perspectives according to patterns identified during analysis. Findings The research identified themes and patterns in the attitudes of the oversight directors which included numerous conditions necessary for success of an oversight agency. Amongst the most important conditions included agency independence, director job security, the need for professional qualified staff, unfettered access to information, the ability to publicly report on the agency’s work and a willingness on the part of government officials to tolerate criticism of the police. Originality/value This is the first study to identify the challenges and impediments to sustainable COLE mechanisms from the point-of-view of experienced agency directors. The findings can be used by future practitioners to learn from past experiences.


2020 ◽  
Vol 73 (4) ◽  
pp. 144-155
Author(s):  
Oleksiy Oderiy ◽  
◽  
Oleksiy Kozhevnikov ◽  

The article considers OSINT (Open source intelligence) technology, which is intelligence based on open sources. Development of digital means of photo and video recording, led to the emergence of a large number of media files that reproduce the objective situation at different intervals of time and space. Based on the analysis, it is proved that Open source intelligence can be successfully used by law enforcement agencies to solve specific forensic problems. Its advantages are identified, which are as follows: 1) its use does not require additional financial costs for: a) purchase of special equipment and software, because it is enough to have access to the World Wide Web and PC workstation (smartphone, tablet); b) training of certain specialists, as OSINT technology is quite simple both in mastering and in processing the source and obtaining forensic information; 2) it is freely available, and therefore can be used not only by law enforcement agencies (government officials), but also by private detectives, volunteers, etc.; 3) its use (under certain conditions) does not violate the rights of citizens. Practical examples of application of online services on search of the persons fixed on a photo or video images on anthropometric data are resulted. There are four main stages of the process of searching for people by appearance on the mentioned technology. It was stated that using OSINT technology, forensic experts of the Kharkiv Research Forensic Center of the Ministry of Internal Affairs of Ukraine in the period from October 2019 to February 2020 identified 22 people (from more than 95 researched materials), evidence in criminal proceedings. Of course, the information obtained during the monitoring of social networks can be used in the investigation of criminal proceedings, in which to solve the problem of identifying a person by appearance, appropriate examinations will be appointed. It is proposed to create interdepartmental analytical and search groups m the system of bodies of the Ministry of Internal Affairs of Ukraine.


Author(s):  
Kirill Ozerov

This article discusses the problems associated with the disclosure of information and telecommunications fraud, such as the identification and location of perpetrators. Statistical data on the analyzed issues are reflected. The research conducted on the main means used to ensure the anonymity of cybercriminals. The main methods in which information and telecommunications technologies, including the Internet, can be used for fraud are clearly demonstrated. The article also notes the opinions of various government officials, scientists and researchers in the field of countering acts of cyber fraud in the field of information and telecommunications technologies. As part of the study, a survey of practical employees was conducted, which reflects a clear picture of the issues under consideration in the daily life of a citizen and the practical work of employees of internal Affairs bodies, information security services of various organizations. The influence of Covid-19 and its consequences on the crime we investigate is demonstrative. At the conclusion of the scientific work, suggestions were made for the most effective counteraction against fraudulent acts in the field of information technology, in particular the necessary preventive measures, are taken with regard to cooperation between the Internal Affairs agencies and other law enforcement agencies and that ensure security in the cyber environment.


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