Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia
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Published By Saint-Petersburg University Of The Ministry Of Internal Affairs Of The Russian Federation


Nyamsuren Erdenebulgan

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.

Olga Ivasyuk

Cybercrime today is one of the fastest growing types of criminal activity that encroach on various social groups of community. Today, in addition to criminal acts aimed at economic profit, the level of criminal infringements aimed at the personal rights of children, has increased, as has the involvement of minors in the commission of serious and particularly serious crimes. Crimes against children committed in the information environment are different from traditional forms of criminal abuse, and are characterized by particular cruelty, a high level of proficiency of perpetrators, anonymity (identity of a perpetrator is hidden behind an information code) and transnationality. Conditionally the activities of cybercriminals can be categorized as offences aimed at the personal rights of children and criminal acts aimed at involving minors in offences through the information environment. Cybercriminal activities include, inter alia, trafficking in children in information and telecommunications networks; sexual exploitation of minors, including involvement in prostitution; inducement of children to commit suicide; and others. Such acts constitute serious or particularly serious crimes aimed at violating the personal rights of children, whose protection requires the development of national legislation and constant international cooperation. The author believes that specific international treaties on cooperation in the detection of cybercrime should be concluded, as well as general rules on the definition of various forms of cybercrime.

Vitaliy Balahonskiy ◽  
Sergey Markov

The article discusses the specifics of legal techniques in the formulation of legal definition. A comparative analysis of approaches to understanding the definition procedure in jurisprudence, philosophy, logic, mathematics and philology is carried out. The relevance of the topic under study lies in the absence in modern legal tech-nology of generally accepted approaches to understanding the methodological speci-ficity of the implementation of the definition procedure. The purpose of this article is to determine the methodological foundations of differentiation of axiomatic and con-textual definitions, the implementation of the critical analysis of the classifications of types of definitions in the modern scientific literature. The basis of the concept of definition proposed by the authors is the analytical study of the logicallinguistic operation of determination on the example of the defi-nition of «corruption» from the Federal Law of December 25, 2008 No. 273-FZ. There is a lack of legal recognition of corruption as a bribe, and criticism of the narrow definition. Corruption is defined as a criminal act of a social and legal nature, which is constrained by the nature of official crimes in conflict with the interests of society and the State, the essence of which is an obvious mercenary motive in personal en-richment (material and non-material) through the use of his official position (authori-ty) for mercenary purposes. The study is based on the methodological tools of systemic, structural-functional and comparative cognition methods.

Dmitry Morev ◽  
Ivan Marchenko

The article considers the relevance of the introduction of the complex “Ready for Labour and Defence” (abbreviated as GTO in the Russian Federation, analyses how it encourages young people to practice sports. A comparative characteristic of the GTO standards that were in force in the USSR and of those that are in use in modern Russia is carried out. The correlation between the results of passing the standards for physical training and the GTO complex by cadets of education organizations of higher learning of the Ministry of Internal Affairs of the Russian Federation is revealed. The importance and significance of the introduction of the above-mentioned complex is proved. A comparison of the attitude of cadets of higher educational institutions of the Ministry of Internal Affairs and students of technical universities was made, which led to the conclusion that it is necessary to increase interest in passing the GTO complex not only among athletes and cadets of law enforcement institutions, but also among the youth of the country as a whole. Based on the results of a survey of one hundred and fifty people aged from 17 to 23 years, a study was conducted to reveal the affect of passing the GTO standards on young people’s desire to practice sports. The results of the survey presented in the diagram allow us to draw a conclusion that the «GTO» complex encourages young people to sport. The survey also revealed a number of current problems related to the inability to train and pass certain types of additional standards, as well as ways to solve them. The study was conducted to examine the opinion of young people about the GTO complex, as well as to determine the relevance and need to popularize this complex among the younger generation. The importance of keeping a healthy lifestyle and maintaining good physical shape through sports training is highlighted.

Valentina Yaskina

In this article one can find examples of the analytical work based on a current terminology of a word “graffiti”, that can be found in scientific research works on this phenomenon in the fields of sociology, psychology, art and law. Current classifications of this notion are analyzed taking into account the content of these objects, their attitude to a graffiti community and a certain author, motivation and outward. Analysis considers materials and tools used for a certain object implementation. These writing tools in some cases determine the type of graffiti. The main objective of this analysis was the need to identify certain classified objects the ones that might be necessary for a handwriting expertise and to determine of the relations between the notions of “graffiti” and “handwritten objects made with the use of unconventional writing materials”. During the analysis, a number of characteristics that can be used as a support for conducting handwritten expertise of considered object were defined and conclusions for those graffiti objects that meet these criteria were drawn.

Ol'ga Polikarpova

The article considers the question of the interdependence of the improvement of the institution of suspicion and the transformation of the initial stage of the Russian criminal process. The article highlights the problem of the legislative limitation of the period of the procedural status of a person as a suspect in the event of a criminal case being initiated not against him, but upon the commission of a crime and insufficient evidence of the involvement/non-involvement of such a person in a criminal offence committed at the initial stage of the investigation, which often does not allow avoiding unreasonable restrictions on the constitutional rights and freedoms of this participant in criminal proceedings. The relevant experience of some post-Soviet states that followed the path of a radical change in the criminal procedure model after the collapse of the USSR is analysed. The article compares the provisions of the criminal procedure legislation of the Russian Federation and the Kyrgyz Republic directly related to the institution of suspicion, including the moment of triggering criminal prosecution and the duration of a suspect’s keeping the specified procedural status. The arguments given in the article substantiate the need to reform the initial moment of the emergence of the procedural status of a suspect in Russian criminal proceedings and the associated expediency of abolishing the stage of initiation of a criminal case in order to increase the guarantee of the rights and legitimate interests of the person introduced into the procedural status we are analysing.

Natalia Geyzhan ◽  
Marina Ilakavichus

The article is devoted to the relevant for modern humanities of the ratio of quantitative and qualitative research methods in the pedagogical field. Based on the separation of «nature sciences» and «cultural sciences» by V. Windelband and G. Rickert, the authors urge the scientific community to understand their difference at the present stage. Based on a comparative analysis of the objectives, object, subject and hypotheses of research (primarily thesis) in psychology and pedagogy, the specificity of each scientific discipline is revealed, which mediates specific tools to verify the validity and effectiveness of the results obtained. The most controversial issues include the use of mathematical statistics methods in pedagogical research, which, due to the ontology of the studied phenomena, do not adequately cover the observed changes, therefore, are not able to describe them. The most inadequate quantitative methods are used in the sphere of upbringing and adult education, where the processes of reflection, conception, self-determination and the construction of life scenarios in accordance with one’s own convictions take precedence, and the factors of life and prospects cannot be ignored. It is proposed at the stage of creating a pedagogical research program to pay special attention to the definition of the ontology of the phenomenon under study, in accordance with the chosen methodology, to fix the ratio «goal - means of achieving it - diagnostics / monitoring of the process - performance assessment», which will allow answering the question about the ratio / adequacy of quantitative and qualitative methods-proofs of its implementation. In addition, it is necessary to support the institution of dialogue platforms for scientific communities, within which representatives of different subject areas would come to a consensus on this issue and keep it in research and expert work.

Valeriy Zhabskiy ◽  
Aleksander Shuvalov

In the early 1990 s, the foreign policy concept in Russia was based on the policy of «Euro-Atlanticism», which presumed orientation towards the Western model of development, integration with the Western countries and a conflict-free vision of international relations. But unlike the era of «Cold War» with the USSR, the Western countries did not consider the Russian Federation to be equal in status and did not hasten the process of establishing strategic partnership. Russia has never managed to establish an alliance with the Western countries and become «part of the Western world», «Euro-Atlanticism» has not proved itself. In the late 1990s, a shift began to a course of «multi-vector» foreign policy, implying a multipolar system of international relations. Moreover, at the end of the twentieth century, the Russian Federation faced growing threats from the United States and the countries that make up the military-political bloc of NATO, which necessitated a rethinking of priorities and possibilities for ensuring the protection of Russia’s national interests and security, and the development and adoption of new doctrines and concepts on the subject. This article thus deals with the process of establishing State priorities on the basis of the principle of protecting the national interests and safeguarding the national security of the Russian Federation during the period 1999-2007.

Svetlana Lampadova

The number of foreign citizens that a country can admit without negative consequences for its economy in general and its labor market in particular, as well as for the socio-political situation, is limited and individual for each country. In this regard, states legislations in addition to the existing conditions set quotas. The purpose of the quota is to quantitatively limit the influx of foreign nationals into a country based on its socio-economic needs and capabilities in a given period. The quota is spent in order of priority without any differentiation and is a restrictive rather than a selection mechanism for ensuring a state’s migration policy. Most often, the selection approach is mentioned in the legislations regulating labor and, in the first place, skilled migration. Only in the context of this subspecies of migration, it is possible to talk of the inequality of candidates based on the different levels of their professional competence and capacity for adaptation to the host country social environment. In the context of skilled labor migration, the role of education, work experience and the ability to communicate freely in the host state language increase significantly. This type of migration is voluntary and aims at mutual satisfaction of the needs of a state in strengthening its economy with highly professional labor force and the needs of foreign citizens in getting the best conditions for realizing their potential. The laws of the market economy shape it. A state possessing the «demand» must, in order to best ensure its own socio-economic needs, build an effective system of evaluation of the «supply» by foreign citizens.

Elizaveta Suchkova

The article analyzes the content of the social perception of convicts about the attitude of society towards ever imprisoned persons. It is noted that the very fact of a conviction often causes a wary attitude of people towards former convicts, which significantly complicates the process of their adaptation to life in freedom. The negative assessment of the personality and behavior of criminals which still persists in public opinion even after they have served their sentence and this contributes to the fact that convicts feel themselves as a group being subjected to stigmatization. An empirical study tested the hypothesis that in convicted persons’ view, who have served their sentences in places of deprivation of liberty, are still criminals in public opinion who constitute a menace even after their release. The assessment of society position about people with conviction by convicts is associated with the experience of those who were in places of liberty deprivation. Repeatedly convicted persons as compared with those who were convicted for the first time are surer in negative and biased treatment of former prisoners. To study the content of social perceptions a mixed research strategy was used. It consists in integrating of methods for collecting and analyzing data of qualitative and quantitative strategies. The study used specially designed interview plan and rating scale constructed on the basis of the data obtained with its help. The research sample includes groups of convicts formed depending on the number of sentences served. The results of the research allow us to conclude that in convicts’ perception there is a negative society attitude towards former prisoners which manifests itself in social distance from them in various spheres of social interaction. Persons who have previously served their sentences in places of deprivation of liberty, unlike those convicted for the first time, demonstrate greater confidence in the discriminatory nature of society’s attitude towards their group.

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