scholarly journals Administrative Restraint Measures Applied by Employees of the Penal System of the Russian Federation in Connection with the Commission of an Administrative Offense

2021 ◽  
Vol 15 (3) ◽  
pp. 650-658
Author(s):  
Sergei A. Starostin ◽  
Nadezhda V. Aniskina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
Physical Force ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation ◽  
The Impact

Introduction: the article considers the theory and practice of applying administrative restraint measures implemented by employees of the penal system of the Russian Federation in case of the commission of an administrative offense. We substantiate an idea concerning the impact of the effectiveness of the use of administrative coercion measures by employees of the penal system not only on the overall level of penitentiary security, but also on state security in general. Aim: to reveal the specifics of application of administrative restraint measures in the penal system, taking into account the specifics of the law enforcement sphere. Methods: our research is based on the dialectical method of scientific cognition. The article uses general scientific (analysis, synthesis, induction, etc.), specific scientific and special methods of cognition (comparative legal, formal legal, statistical). Results: we reveal the essence of application of administrative restraint measures in the penal system; we study the practice of implementing the norms concerning the use of administrative restraint measures by employees of the penal system; we reveal the features of their application, taking into account the specifics of the sphere of law enforcement sphere, such as focusing on ensuring penitentiary security, preventing administrative offenses and crimes, application on the territory of penitentiary institutions in most cases, etc. We find out that the legal basis for the application of administrative restraint measures in the penal system of the Russian Federation needs to be improved. Conclusions: in order to increase the effectiveness of the practice of implementing administrative enforcement measures in the penal system, we formulate proposals to improve the norms of the current legislation: namely, Section V of the Law of the Russian Federation of July 21, 993 no. 5473-1 should contain definitions of the terms “use of physical force”, “use of special means”; the terms such as application and use of firearms should be distinguished; the wording “provision of medical first aid” should be replaced with “immediate provision of premedical aid to victims”. We also present arguments in favor of the expediency of supplementing Federal Law 197-FZ of July 19, 2018 “About the service in the Penal System of the Russian Federation...” with a provision that assigns to the employees of the penal system the duty to comply with the norms of criminal legislation (on necessary defense, extreme necessity and other circumstances excluding the criminality of the act) in cases of the implementation of administrative restraint measures.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals Recommendations of Group of States Against Corruption (GRECO) on Improving the Legislation of the Russian Federation on Legal Immunities of Prosecutors and Investigators

2018 ◽  
Vol 12 (5) ◽  
pp. 731-737
Author(s):  
Valentin Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Historical Background ◽  
Number Of Factors ◽  
The Russian Federation ◽  
The Law ◽  
The Impact ◽  
Legal Procedures

The author examines the impact that the activities of GRECO (The Group of States against Corruption) have on the development of the anti-corruption legislation in the Russian Federation, in particular, on the amendment of norms that regulate legal immunities of prosecutors and investigators. The chronological analysis of GRECO recommendations and legal positions regarding the necessity of reducing the number of legal immunities in the sphere of criminal legal procedures for certain categories of people makes it possible to study the key stages of their introduction into the normative legal base of the Russian Federation. The author notes that GRECO standards and recommendations are, on the whole, a rather effective method of improving legislation and combating corruption; the author also presents positive examples of the impact they make on the emergence of new practical anti-corruption institutions in the Russian Federation. At the same time, the author believes that due to a number of factors (historical background, the practice of law enforcement) which influence specific issues, including legal immunities, the introduction of some GRECO initiatives in the legislation of the Russian Federation is premature. The key conclusion of the author is to support the international position of the Russian Federation regarding the absence of norms setting legal immunities of investigators and prosecutors as exemptions from the principle of equality before the law and the courts in Russian legislation. The practical and theoretical value of this research is that its clauses could be further used to work out more specific positions on disputable issues in the interaction between the Russian Federation and GRECO.

THE PROBLEM OF CORRELATION OF ARTICLES 275 AND 276 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Author(s):  
Anna Sergeevna Alexandrova ◽  
◽  
Roman Vladimirovich Vasilyev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

the article is devoted to the problem of the correlation of crimes provided for in Articles 275 and 276 of the Criminal Code of the Russian Federation ("High treason" and "Espionage"). Some inaccuracies were identified when distinguishing the components of these criminal acts. The law enforcement practice was also studied. Proposals were made to introduce some changes to the current criminal legislation of the Russian Federation.

Experimental justification of the program of training of people’s teams in educational organizations of the Ministry of Internal Affairs of the Russian Federation

2020 ◽  
Vol 2020 (1) ◽  
pp. 195-199
Author(s):  
Irina Elesina ◽  
Olga Guz
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Modern Society ◽  
Experimental Program ◽  
Educational Institutions ◽  
Educational Organizations ◽  
Federal Law ◽  
Physical Force ◽  
The Russian Federation ◽  
Internal Affairs

the relevance of the presented research presentation in the form of an article is based on the needs of modern society in the institutions of people's vigilantes, which by their direct participation in the recent past provided significant support to state law enforcement and human rights, as well as a symbol of the unity of society and the state. The article is devoted to the substantiation of the experimental program developed in the course of the dissertation research, which is aimed at improving the efficiency of the process of training people's vigilantes in educational organizations of the Ministry of internal Affairs of Russia on the basis of a practice-oriented approach. The program content has been developed by us based on the analysis of the present problems in the training of national guards in the educational institutions of the Ministry of internal Affairs of the Russian Federation, on the basis of which we aim to further improve the training of representatives of public associations of law enforcement focus, on the basis of educational institutions of Ministry of internal Affairs of Russia, to conduct training of national guards on the basis of Federal law of 02.04.2014 No. 44- Federal law "about participation of citizens in protection of a public order", and The order of the Ministry of internal Affairs of Russia of August 18, 2014 N 696 regulating questions of preparation of national vigilantes to actions in the conditions connected with use of physical force, and first aid to citizens. In our research, we relied on a whole range of research methods, such as interviewing and observation, as well as methods of using independent assessments.

scholarly journals Article 176 of the Criminal Code of the Russian Federation: The Problems of Application and the Ways of Improvement

Legal Concept ◽  
2021 ◽  
pp. 164-168
Author(s):  
Saida Berkovskaya
Keyword(s):  
Law Enforcement ◽  
Market Economy ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Methodological Framework ◽  
Scientific Cognition ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

Introduction: at present, it is impossible to imagine a modern market economy without loans. This is also evidenced by the data of the Bank of Russia on the volume of business lending. In the Russian criminal legislation, one of the barriers to the development of negative trends in lending is Article 176 of the Criminal Code of the Russian Federation. However, in the law enforcement practice, there are problems with the application of Article 176 of the Criminal Code of the Russian Federation. Purpose: to identify the problems of application of Article 176 of the Criminal Code of the Russian Federation and identify the ways to solve them. Methods: the methodological framework for the study is based on the methods of scientific cognition, which include the historical-legal, comparative-legal, formal-legal, logical and systematic approaches. Results: the paper discusses the problems of applying Article 176 of the Criminal Code of the Russian Federation, which establishes the liability for illegal receipt of credit and preferential credit conditions, as well as for illegal receipt of a state target loan, as well as its use for other purposes. To solve these problems, it is necessary to improve the disposition of the criminal law norm on credit fraud. Conclusions: as a result of the conducted research, it is established that currently in Russia, lending is an important tool for financing entrepreneurship. At the same time, under the influence of various factors, the cases of non-repayment of loans to the credit institutions have become more frequent. In this regard, the legal solutions are needed that can affect the growth of the negative processes in the field of lending, in particular, it is necessary to improve the criminal law provision providing for the liability for illegal obtaining of credit.

Modern Trends of Conflicts of Laws Regulation of Tort Liabilities: EU Regulation of 2007 “On the Law Applicable to Non-Contractual Obligations” (Rome II) and the Russian Legislation

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Наталия Марышева ◽  
Nataliya Maryshyeva
Keyword(s):  
Russian Federation ◽  
Federal Law ◽  
Conflict Of Laws ◽  
Current Trends ◽  
Restricted Form ◽  
Flexible Framework ◽  
The Russian Federation ◽  
The Law ◽  
Contractual Obligations ◽  
The Impact

The article is devoted to the conflict of laws regulation of torts under Rome II (Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 “On the law applicable to non-contractual obligations”) and under the Russian legislation. The analysis of the Rome II provisions and the relevant norms of the Civil Code of the Russian Federation (including significant changes made to the Code by the Federal Law of the Russian Federation, dated 30 September 2013) identifies current trends in the development of conflict of laws regulation of torts and the impact of the Rome II Regulation on the Russian legislation. The author notes that in the Russian legislation, as well as in Rome II, the operation of the basic conflict of laws rule is combined with the operation of special conflict of laws rules; the possibility to use the autonomy of the will of the parties in conflict of laws of torts is extended; the use of the principle of closer connection with the tort is allowed, though in a more restricted form than in Rome II. The author regards the whole complex of the conflict of laws rules on torts in the modern Russian legislation as the result of development towards softening of the basic conflict of laws rule aimed at the creation of a more flexible framework for conflict of laws regulation of torts. Here the provisions of the Rome II served as a sample in many ways.

Trends in the Legislation of the Russian Federation in the Sphere of Regulated Procurements

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Беляева ◽  
Olga Byelyayeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Specific Group ◽  
Uniform Law ◽  
The Russian Federation ◽  
The Law ◽  
Legal Entities ◽  
The Way

The article contains the analysis of the Russian legislation on regulated purchases during the period starting the year 2012. It contains substantiated civil nature of purchasing relations, the circle of people whose purchasing activities are subordinated to the effects of legislation regulating the contractual system and to the Federal law “Of purchase of goods, works and services by certain types of legal entities”. The author traces the trends that are relevant to the development of legislation on purchasing practices. Specially outlined is the trend of extrapolation of the law when this law has no specific group of participants to regulate, and the tendency of creating “the purchasing code”, in other words, to eliminate differentiated legal regulation and to establish common purchase standards to be applied to the whole of contract system. The article describes the possible pending changes in the contract legislation. Also, an attempt is made to assess the effectiveness of the regulated procurements legislation which helps to identify problem areas such as distortions in the meaning of the law the way it is interpreted in by-laws, existence of legal gaps and collisions, lack of uniform law-enforcement standards.

scholarly journals Legal Regulation and Organization of the Work of Management Subjects Related to the Dismissal of Employees of the Penal System of the Russian Federation due to the Loss of Trust

2021 ◽  
Vol 15 (3) ◽  
pp. 635-641
Author(s):  
Svetlana V. Zavitova ◽  
Nataliya A. Mel’nikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Penal System ◽  
Logical System ◽  
Judicial Practice ◽  
The Status ◽  
The Russian Federation ◽  
The Law ◽  
Selection Of

Introduction: the article considers problematic issues related to the work of management subjects (managers) and attestation commissions in situations when an employee of the penal system of the Russian Federation is dismissed due to the loss of trust. The aim of this study is to identify gaps in the current legislation on the service that arise when a measure of responsibility such as dismissal due to the loss of trust is applied; another aim consists in formulating proposals for improving legislation in this area. Methods: methodological basis of our study is represented by a set of methods of scientific cognition, among which the main place belongs to formal-logical, system-structural, and comparative-legal methods. Results: the study has shown that there are many problematic issues in the law enforcement practice regarding the dismissal of employees due to the loss of trust. The norms of the law do not clearly distinguish the components of corruption offenses for which an employee is subject to dismissal due to the loss of trust or may be brought to another type of liability. The issue regarding the status of the decision of the attestation commission remains unresolved; its decision is of an advisory nature, but at the same time, it is fundamental for making a decision by the employee’s superior. There is an ongoing discussion on the composition of the attestation commission; and options for the selection of independent experts are proposed. Discussion: dismissal due to the loss of trust is a specific type of disciplinary penalty, and its implementation is carried out by authorized management entities within the framework of disciplinary proceedings. The procedure for making a decision on the dismissal of employees of the penal system due to the loss of trust needs further improvement in its legal and organizational aspects, taking into account modern law enforcement and judicial practice.

scholarly journals Manifestation of Furor as an Element of a Gross Violation of the Regime in Places of Deprivation of Liberty

2020 ◽  
pp. 75-79
Author(s):  
Andrey A. Pavlenko ◽  
◽  
Andrey N. Gordopolov ◽  
Keyword(s):  
Russian Federation ◽  
Correctional Facility ◽  
Legal Regulation ◽  
Penal Code ◽  
Penal System ◽  
Security Measures ◽  
Physical Force ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of

Currently, when executing a sentence of imprisonment, officials of the penal system often encounter convicts who show gross disobedience, including via furor. The increase in the number of acts of violence against staff performing their official duties illustrates a situation that requires legal regulation. Penal legislation has no clear definition of the concept “furor”. It is only mentioned in Part 1 of Article 86 of the Penal Code of the Russian Federation. The discrepancy between the norms of the law of the Penal Code of the Russian Federation and the law on institutions and bodies on the application of security measures to convicts in furor reduces the effectiveness of the response actions of the penal system employees. For the formation of the most complete understanding of the concept “convict’s furor”, scientific works are analyzed; A.V. Brilliantov presents the most complete concept. The etymological meaning of the term is established. The history of the formation of the term “furor” in medical encyclopedias and reference books, and in the norms of law in the period from the end of the 19th century to the present is considered. A hypothesis is made that repeated malicious disobedience may be in the form of manifesting furor. A connection between the concepts of malicious violation of the sentence serving regime and the manifestation of furor in the norms of the Penal Code of the Russian Federation is noted. Part 1 of Article 86 of the Penal Code of the Russian Federation mentions malicious disobedience to legal requirements, which is similar in content to Part 1 of Article 116 of this code, in which one of the malicious violations of the sentence serving regime is “a threat, disobedience to representatives of the administration of a correctional facility and their insult in the absence of signs of a crime”. As a result, two ways of solving the problem of inconsistency of the grounds for the application of security measures in the RF Penal Code and in the law on institutions and bodies are proposed. The first way is to exclude the term “manifestation of furor” from the list of grounds for applying security measures in the RF Penal Code. The second is defining the term “manifestation of furor” in the norms of law and its consolidation as the basis for the use of physical force and special means in the law on institutions and bodies.

SPECIFIC FEATURES OF THE RUSSIAN PENAL SERVICE IN ACCORDANCE WITH THE FEDERAL LAW № 197

2020 ◽  
pp. 140-144
Author(s):  
Дмитрий Эдуардович Марченко ◽  
Оганнес Давитович Мкртчян
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Social Protection ◽  
Financial Economic ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
Criminal Penalties ◽  
The Law

В статье изучаются особенности прохождения службы сотрудниками уголовно-исполнительной системы в соответствии с Федеральным законом от 19.07.2018 № 197-ФЗ «О службе в уголовно-исполнительной системе Российской Федерации и о внесении изменений в Закон Российской Федерации "Об учреждениях и органах, исполняющих уголовные наказания в виде лишения свободы"». Авторами исследуются принципы прохождения службы в уголовно-исполнительной системе, положения, благодаря которым реализуются данные принципы, а также нормы, касающиеся правового статуса сотрудника уголовно-исполнительной системы. В статье особое внимание уделяется ограничениям и запретам, связанным с принятием на службу. Подробно рассматривается понятие «контракт», особенности его заключения, продления и основания для прекращения его действия. Изучается такое понятие, как испытательный срок, выясняется, от чего зависит его продолжительность. Рассматриваются социальные гарантии сотрудников уголовно-исполнительной системы. В ходе исследования авторы приходят к выводу, что изучаемый закон устанавливает правовые, организационные и финансово-экономические начала прохождения службы в уголовно-исполнительной системе, а также определяет правоотношения, которые возникают при поступлении граждан Российской Федерации на службу в УИС, и гарантии социальной защиты сотрудников УИС. In the article, the authors study the features of service by employees of the criminal Executive system in accordance with the Federal law of 19.07.2018, no. 197-ФЗ «On service in the penitentiary system of the Russian Federation and on introducing amendments to Russian Federation Law "On institutions and bodies executing criminal penalties of imprisonment"». The authors study the principles of service in the criminal Executive system, as well as study the provisions by which these principles are implemented. The norms concerning the legal status of an employee of the criminal Executive system are being studied. In the article special attention is paid to the limitations and prohibitions associated with the adoption of the service. The concept of a «contract» is considered in detail, as well as the specifics of its conclusion, extension, and grounds for termination. The authors study such a concept as a probation period, and find out what determines its duration. Social guarantees of employees of the criminal Executive system are considered. In this study, the authors conclude that the study of the law establishes the legal, organizational and financial-economic start of the service in criminally-Executive system, and also determines such legal relations that arise when the citizens of the Russian Federation entered the service in the penal system, consequently become employees of the UIS and receive guarantees of social protection.

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