Legal status of a law enforcement official of Mongolia

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

THE SOME THEORITICAL-LEGAL ISSUES OF THE INTERPRETATION OF LEGAL NORMS BY THE CONSTITUIONAL COURT

For the purpose of uniform application of normative acts by citizens, officials, state bodies, it becomes necessary to interpret them. The activity to establish the exact content of a legal act for its practical implementation has received a name in the legal literature –interpretation. Thus, the article analyzes the legal position of the Constitutional Court of the Republic of Uzbekistan in the understanding of modern realities, the essence of adopted normative-legal acts, law enforcement practice, and the role and significance of constitutional appeals. Also author shows the theoretical problem of the concept and content of constitutional and legal interpretation. The signs and features of this type of interpretation are revealed, itsuniversal nature is emphasized, the problems of interrelation with related categories are touched upon, and its definition is given.Key words: constitutional judiciary, the competence of Constitutional court, constitutional application, law enforcement, official interpretation

Christian Calling and the Ideal of Martyrdom in the Real World

Setting just war reasoning into its broader context, this chapter begins by examining the logic, weight, and dangers of the “realist” traditions of Christian ethics, especially Augustine, Niebuhr, and Bonhoeffer (one often acclaimed as martyr though implicated in violent resistance). It shows how Protestant theologies of “vocation” typically sanction the sword-bearing occupations of magistrate, soldier, and law enforcement official as potentially consistent with Christian discipleship and holiness. Recent discussions of “moral injury” in soldiers are considered in relation to this “calling” of sword-bearing for the common good. In dialogue with Roman Catholicism, the chapter elaborates a Protestant conception of sainthood that acknowledges the ambiguity of the world, a conception that occasions a return to the criteria identifying Christian martyrdom.

Content and technologies of the course of study «Profiling, methods of identifying persons harboring criminal intentions» in educational institutions of MIA of Russia

The article substantiates the importance of training law enforcement officials in profiling technologies through the prism of their professional activities. It is important for a law enforcement official to manage psychological tools allowing him to find solutions in conflict interactions with citizens or uncertain situations of crime investigation in order to fulfill the assigned professional tasks. Training in profiling technologies could significantly increase the level of their professional skills. In this regard, the goal is to develop the program of the course of study «Profiling, methods of identifying persons harboring criminal intentions» for various categories of students in educational institutions of MIA of Russia. Based on the proposed goal the following tasks were identified: 1. To prepare the methodological basis of the course. 2. To present the content and methods of training. 3. To determine the scope of the course and the types of academic work. As a result, the authors have developed and tested the course «Profiling, methods of identifying persons harboring criminal intentions» that can be used in the process of professional training at the educational institutions of MIA of Russia, as well as for training officers of Personnel Department as part of moral and psychological training in the territorial bodies of MIA of Russia.

Criminally-Legal Ways of Maintenance of Safety of Citizens in the Sphere of Housing and Communal Services

The article considers the issues of security of citizens in the implementation of capital repair of premises by the application of a crime under article 216 of the Criminal Code of the RF. The relevance of this topic is ref lected in the statistics of the state of housing conditions in the Russian Federation, as well as the potential danger of works on capital repair of premises. This fact is indirectly ref lected in the clarifications of the Plenum of the Supreme Court of the RF concerning the issues of qualification of crimes under article 216 of the Criminal Code. However, a law enforcement official is often faced with serious difficulties in the legal assessment of the facts of the injury as a result of unsafe work in the sphere of housing and communal services. This fact also expresses the relevance of the study of issues of qualification unsafe in the conduct of capital repair of premises.The article analyzes the statistical indicators of housing conditions in the Russian Federation, as well as volume of works on capital repair of premises. Also, the paper examines the provisions of the housing and civil legislation governing the execution of works in the field of housing legislation. Based on the results of the analysis of the findings, relevant to the application of the criminal law in this field.In the study discussed the issues of indicators of public danger of the unsafe performance of works in the sphere of housing and communal services and their impact on the qualification of socially dangerous acts in this sphere. The author makes conclusions about the final time of the acts associated with the violation of safety rules during performance of works on capital repairs of residential premises.

Concept of Information Sufficiency as the Basis for Inspections on Compliance with the Established Anticorruption Requirements

The article is devoted to the concept of information sufficiency as the basis for carrying out inspections on compliance with the established anticorruption requirements. The authors note that the legislator, establishing the information sufficiency requirement, doesn’t envisage other requirements to it, in particular, its completeness and reliability. The authors believe that such approach allows ensuring observance of interests of both the person being verified and the society in general. The requirement of information sufficiency allows excluding unreasonable ungrounded inspections. On the other hand, completeness and reliability at the stage preceding control measures cannot be ensured. Only control measures and their results are able to determine the reliability (or unreliability) of the available information, which will be reflected in the inspection results. In their article the authors criticize the practice of using in the current legislation of categories with the uncertain contents that permit a law enforcement official to vary his administrative discretion; also the authors offer suggestions for improvement of the existing regulations.