Office Activities Research Articles

Особенности формирования профессиональных навыков применения огнестрельного оружия сотрудниками полиции в экстремальных условиях

The article analyzes the issue of the formation of competent actions of law enforcement officers in the suppression of offenses in extreme conditions. The ability to use firearms in a dynamic, rapidly developing situation is certainly an urgent and relevant competence that meets modern challenges. The formation of professional skills to overcome stress factors that arise during the suppression of offenses is due to the need for strict compliance with the applicable norms of administrative and criminal legislation. The performance of law enforcement functions involves overcoming the resistance provided to police officers, in this regard, as an exceptional measure, law enforcement officers are allowed the lawful use of firearms. The situation of the use of firearms is unique in its development, since the actions of offenders are never repeated, aggression and resistance always manifest themselves in different ways. In this regard, law enforcement officers need to train and maintain a level of personal competence that allows them to professionally prevent offenses. The training and professionalism of police officers should be maintained in practical units in fire training classes. In this regard, the motivation and interest of employees involved in conducting classes in developing the necessary skills is extremely important. Various methods of conducting classes should be formed at the level of basic preparedness of law enforcement officers and based on the performance of exercises in accordance with the order of the Ministry of Internal Affairs of Russia no. 880 of November 23, 2017 ”On approval of the Manual on the organization of fire training in the internal affairs bodies of the Russian Federation“.

Features of Delimitation of Crimes Provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are Committed in the Public Procurement

The specifics of the criminal law regulation of liability for abuse of official powers and their excess committed in the field of public procurement are determined by the specifics of the regulation of the activities of officials participating in this sphere within the framework of their “procurement” and related functions. The correct qualification of acts committed in the field of public procurement requires reference to numerous regulations of the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities. The need to refer to the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities in the qualification of abuse of official powers and their excess arises when determining the content of the signs of the subject and almost all the signs of the objective side of the deed. Industry legislation in the context under consideration is characterized by high dynamism, “layering”, a significant number of contradictions and shortcomings. These circumstances determine errors and lack of uniformity in judicial practice when distinguishing crimes provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are committed in the field of public procurement. Homogeneous, and in some cases identical criminal actions of customer officials – violations in the pricing of goods, works, services; actions restricting competition (inaction); violations of the established procedure for concluding (changing, terminating) state and municipal contracts; violations in the acceptance of delivered goods (work performed, services rendered), etc. – may receive different criminal legal assessment. The purpose of the article is to develop recommendations and criteria for distinguishing crimes provided for in Articles 285 of the Criminal Code of the Russian Federation and 286 of the Criminal Code of the Russian Federation, taking into account the peculiarities of criminal legal assessment when committing these acts in the field of public procurement. To achieve this goal, general scientific (analysis, synthesis, induction, deduction) and private scientific (formal legal) methods of cognition were used. In the study, taking into account the recommendations of the Supreme Court of the Russian Federation, theoretical positions in the science of criminal law, the peculiarities of the legal regulation of public procurement, recommendations for distinguishing the crimes under consideration, taking into account the specifics of the situation of their commission, are formulated.

Civil-military cooperation and public control over the activities of local self-government bodies

The purpose of the article is to determine the specific features of civil-military cooperation and public control over the activities of local self­government bodies.
 The article shows that in the context of a high- intensity armed conflict, the impact of corruption and other risks that have a destructive impact on the local self-government system is growing. Arguments are presented about the existence of risks of violation of human and civil rights as a result of unlawful actions of civilian and military officials. Attention is focused on the decline in economic activity of enterprises and the population living near the contact line as a result of ill-considered provision of humanitarian aid. The article establishes the absence or imperfection of legal mechanisms to influence persons who refuse to evacuate from the areas of hostilities, if such "refuseniks" take care of children, the elderly or persons with disabilities.
 Public control is a complex social entity whose mission is to create preconditions for continuous improvement of the controlled entities' activities by searching for and analyzing errors in their activities and identifying ways to eliminate them. The concept of public control over the activities of local self­government bodies and civil-military cooperation structures is formulated as an analytical and search work of civil society institutions aimed at determining whether the activities of the controlled entities comply with their functions, powers, restrictions and prohibitions established by law.
 The legal framework for civic control over the activities of local self-government bodies and civil- military cooperation structures is currently being developed. Legislation governing the activities of local self-government bodies is largely outdated and does not take into account the realities of the martial law regime. Instead, the legislative basis for civil-military cooperation has not yet been created, which leads to an arbitrary interpretation of the essence of civil-military cooperation by different actors.

The role of the armed forces in the April 2002 coup attempt in Venezuela

The article deals with the problem of the influence of representatives of the National Armed Forces of Venezuela on the course and results of the coup in April 2002. The relevance of the topic is determined by the fact that the failed coup became a key point in the first stage of the government of Hugo Chavez and largely determined the president's policy towards further establishing personal control over all institutions of power, as well as definitively outlined the harsh anti-American vector of the Bolivarian policy. The emphasis on the actions of military officials in the coup makes it possible to determine their real significant role in the April events. In this regard, attention is paid to the influence of the institution of the army in general and individual officers in particular on political processes in Venezuela. The methodological basis in the article is provided by general scientific (descriptive, analysis and synthesis), as well as historical (chronological) and political science (institutional) research methods. In Russian historiography, the episode with the coup, as a rule, was considered within the framework of global studies on H. Chavez and Chavismo in general. Therefore, within the framework of the work, more emphasis is placed on foreign historiography. These facts determine the novelty of the work, which consists both in attracting previously unused materials to the study, and in specifying the topic of the coup and the role of the Venezuelan Armed Forces in it. Based on the analyzed data, the conclusions of the work indicate that the actual intervention of senior officers in the political crisis in the country initially brought the presidency to the putschists, and then deprived them of almost seized power, ensuring the return of Hugo Chavez to the Miroflores Palace. In addition, independence in the actions of the military is emphasized in the conditions of chaos and a vacuum of power that came on April 11, 2002. In this regard, it is also indicated that specifically the senior officers acted spontaneously and were not actively involved in the real-life conspiratorial circles that were preparing a coup d'etat. Therefore, when the military most important for the coup saw that the measures taken by the putschists did not meet their vision, they deprived the right of their support and did not actually oppose the fact that another group of military officers returned the legitimately elected president to office.

Looking at Patent Law: Patenting an Invention for Electroreduction of Carbon Dioxide and Electrooxidation of Hydrocarbons: A Case Study…Procedure for Continuing Prosecution of a Patent Application After Final Rejection…

In this installment of the “Looking at Patent Law” series, we present a case study of the prosecution events of U.S. Patent No. 11,788,193 directed towards simultaneous “Electroreduction of Carbon Dioxide and Electrooxidation of Hydrocarbons." The subject invention aligns with the research interest in sustainability matters by The Electrochemical Society and its members. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of the drawing and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 4) summary of the multiple non-final/final office actions rejecting the patent application, and 5) applicant response and allowance of the patent application. The case study illustrates the use of Request for Continued Examination (RCE) to continue the prosecution of the subject patent application after the USPTO issues a final rejection. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions.

Legal Certainty Against Termination of Government Goods/Services Procurement Contracts By Acts of Government Administration, Commitment Making Officials

Problems in unilateral contract termination by Commitment Making Officials in Government Procurement of Goods/Services. There are no express provisions in the laws and regulations or Presidential Regulations. The consequence that arises is that terminating the contract creates legal uncertainty. This dissertation analyzes the implementation of terminating contracts for the procurement of government goods/services by acts of government administration and analyzes and finds legal certainty for terminating contracts for the procurement of goods/services if there is a dispute between the Commitment Making Official and the provider of goods/services, the Commitment Making Official. The research method used in this research is normative juridical with research specifications namely analytical descriptive. The results research show that the implementation of terminating contracts for the procurement of government goods/services by the actions of the government administration officials who made the commitment resulted in the emergence of legal uncertainty. Based on Article 93 paragraph 1 of Presidential Regulation Number 4 of 2015 concerning the Second Amendment to Presidential Regulation Number 54 of 2010, the legal consequences of contract termination do not yet reflect the principle of proportionality, because the determination of sanctions is only unilateral, borne by the Service Provider. Meanwhile, the determination of sanctions against Service Users if the PPK commits an error/negligence is not clearly regulated either in the contract agreed upon by the parties, or regulated in the provisions of statutory regulations.

Analysis of SLAPP Actions by The State Through Hegemonic Philosophy: Study of Rejection Gold Mining in Banyuwangi

This study seeks to identify the background and form of SLAPP actions carried out by the government against communities opposed to mining activities in Tumpang Pitu Banyuwangi. The research uses a qualitative description approach with a type of literature study. The data is obtained by reviewing literature sources, including books, journals, and relevant research results. The collected data is then classified based on primary and secondary data. It was then analyzed using Antonio Gramsci's theory of philosophy of hegemony. The results of the study stated that background related to the movement of community opposition over mining activities in Tumpang Pitu, Pesanggaran, Banyuwangi due to the transition of IUP from PT IMN to PT BSI through the Regent of Banyuwangi as stated in Decree Number 188/574/KEP/429.011/2012 and SK. 826/Menhut-II/2013. The form of SLAPP action from the government is identified in the repressive actions of POLRI officers and the punishment of one member of an environmental activist who is normatively protected by Article 66 of the PPLH Law. To create a good relationship between the Company and the community as a preventive effort to prevent a conflict, the formation of public policy must be bottom-up.

АКТУАЛЬНЫЕ ПРАВОВЫЕ ВОПРОСЫ, ВОЗНИКАЮЩИЕ В ПРОЦЕССЕ ОБУЧЕНИЯ СОТРУДНИКОВ ОРГАНОВ ВНУТРЕННИХ ДЕЛ ПРИМЕНЕНИЮ ОГНЕСТРЕЛЬНОГО ОРУЖИЯ

The article deals with problematic legal issues of the practice of using firearms by employees of internal affairs bodies in the performance of official tasks, arising from the lack of an accurate definition of the use of firearms in legislative acts and educational materials. Some employees believe that the use of firearms is considered to be exclusively shooting from it. In order to eliminate the casuistry in the interpretation of the actions of law enforcement officers with firearms, the authors propose a definition that will allow employees to get a complete picture of the use of firearms in the performance of official tasks.

Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression

This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.

ОСОБЕННОСТИ ОСУЩЕСТВЛЕНИЯ ГОСУДАРСТВЕННОГО НАДЗОРА В ОБЛАСТИ ГРАЖДАНСКОЙ ОБОРОНЫ В ГОДЫ ОГРАНИЧЕНИЙ НА ПРОВЕДЕНИЕ ПРОВЕРОК

Changes in regulatory legal acts of the Russian Federation regulating control and supervisory activities are considered. Organizational issues touched upon and conducting inspections of local governments under restrictions and prohibitions on supervision. A step-by-step procedure for the actions of officials of the supervisory authority is proposed when initiating and coordinating unscheduled inspections of the activities of the executive and administrative body of the municipality. Examples are given of disclosing the characteristics of violations that entail an immediate threat of harm to life and the health 
 of citizens, national defense and state security. The problem is identified, which consists in the ambiguity of the interpretation of some provisions of regulatory legal acts. Issues have been identified that require resolution or additional clarification from the legislative bodies.

Reevaluation of Non-Assertive Attitude of Government Officials as a Criminologic Factor in State Land Encroachment and Environmental Destruction in Kupang

Objective: The rising societal need for land has led individuals to explore various means to acquire it. In recent years, incidents of encroachment on state land have been observed in several regions of East Nusa Tenggara (NTT). This phenomenon undermines public interests and sets a detrimental precedent for the community. The central issue addressed in this research is whether the non-assertive stance and actions of local government officials contribute as criminogenic factors in state land encroachment and environmental (forest) degradation in Manutapen Village, Alak District, Kupang City. The study aims to shed light on the complex interplay between governance, societal demands, and environmental preservation in the context of land-related offenses. Method: This research serves as a reevaluation of a study conducted approximately 20 years ago in Manutapen Village, Alak District, Kupang City, East Nusa Tenggara. The study's respondents totaled 78 individuals selected through purposive and snowball sampling techniques. Data collection employed observation and in-depth interviews, with the findings presented in single and cross-tabulated tables. The aim is to revisit and analyze the current state of the issues related to land encroachment and environmental degradation, providing updated insights into the persisting challenges faced by the community. Result and Discussion: The research findings reveal a correlation between the indecisiveness of village/community government officials and criminal acts of state land encroachment and environmental damage (forest) in Manutapen Village, Alak District, Kupang City. Respondents with higher incomes tend to exhibit a weaker or insufficient level of land tenure, while conversely, respondents with lower incomes demonstrate a tendency towards stronger land tenure. The relationship between these two variables is characterized as negative. Conclusion: This study sheds light on the intricate dynamics between government officials' attitudes and actions, shedding insight into the complex issues surrounding land encroachment and environmental damage within the community.

Equality Before the Law in Law Enforcement in Indonesia

Law enforcement is an effort to uphold and implement the values of justice outlined in formal regulations. However, a significant obstacle often arises from the actions of law enforcement officers conflicting with existing laws. This article discusses law enforcement in Indonesia from the perspective of equality before the law, using a juridical-empirical research method through literature review. The results indicate several deviations in the law enforcement process that hinder the realization of the principle of equality before the law. One of the main causes is the morality of law enforcement officers themselves.

Attitude to corruption practices of Russians and Chinese: Сross-cultural analysis

The article is devoted to a comparative analysis of the attitude of Russians and Chinese towards corrupt practices. The study was conducted anonymously in an online survey using the service https://webanketa.ru. 275 Russians and 105 Chinese took part in it. To determine attitudes towards corrupt practices, the author’s questionnaire was developed, based on the color model of A. Heidenheimer (2015). The questionnaire consisted of 59 hypothetical situations, to assess the corruption of which a 7-point scale was used. For the Chinese participants in the study, a bilingual philologist translated the questionnaire into Chinese. Reliability testing of the instrument confirmed high consistency of the data (Cronbach α = 0.962). The results of factor analysis made it possible to identify three factors and confirm the color model (black, gray, white) of the perception of corruption by A. Heidenheimer. The results of the study made it possible to identify both general features and culturally specific features of the perception of corruption. A comparative analysis of the data showed that deviant actions of officials or persons whose social role is strictly regulated in society and presupposes high moral qualities (judge, doctor, policeman, etc.) were assessed by respondents as highly corrupt in both samples. Also, in both national groups, respondents gave lower ratings to the corrupt actions of holders of such social roles as a flight attendant, teacher, or coach than to the corrupt actions of officials, who were subject to higher moral requirements. At the same time, respondents from China statistically reliably assessed hypothetical situations of black corruption as less corrupt, unlike Russians. White corruption, on the contrary, was condemned by the Chinese significantly more than by the Russians. The results obtained reflect the transcendental legitimation of power inherent in the Chinese mentality and the horizontal responsibility captured in the guanxi phenomenon.

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This article presents the results of a study on the development of a methodology for assessing the predisposition to alcohol abuse among personnel of the National Guard of Ukraine engaged in state security tasks. The study involves identifying the personal characteristics of military personnel and categorizing them into one of seven types of predisposition to alcohol abuse. Additionally, it examines the factors in assigned tasks performance that contribute to the development of this predisposition. The article describes the step-by-step actions of officials in utilizing the methodology for assessing the predisposition to alcohol abuse among NGU personnel. The results of the methodology's testing and its effectiveness evaluation in the military units and subdivisions of the National Guard of Ukraine are presented.

Initial emergency training of traffic police officers of the Ministry of Internal Affairs of Russia.

The subject of the study is the peculiarities of learning to drive a car. The object of the study is to train the initial actions of traffic police officers of the Ministry of Internal Affairs of Russia in the management of operational vehicles in extreme situations. Formation of practical skills in emergency training in the event of extreme situations. The authors consider in detail the location of the driver in the car, substantiate recommendations for the correct landing of the driver, which ensures his readiness for emergency actions. The authors give practical recommendations on the location of the hands on the steering wheel, so that, without losing control of the steering wheel, the driver can interact with the controls of the car. The authors pay special attention to the formation of the so-called "stability triangle" in the student of emergency driving, which includes (shoulders pressed against the back of the seat; the left foot in a resting place; the heel of the right foot, resting on the floor). Research methods: the dialectical method of scientific cognition, a systematic approach and analysis were used in the research process. Taking into account the complexity of the problem under consideration, general scientific and private scientific methods are used in the study: logical method, synthesis, structural and functional analysis and modeling methods. Implementation of the proposed recommendations in the practice of emergency training. The main conclusions of the study are the methodological recommendations proposed by the authors on training at the primary stage of emergency training for traffic police officers of the Ministry of Internal Affairs of Russia. The initial actions for the correct position of the body behind the driver's seat, methods of rotating the steering wheel with both two hands and one, as well as the development of practical skills in emergency training in the event of extreme situations are considered. A special contribution of the authors to the study of the topic is their proposed methodology for teaching emergency training to traffic police officers of the Ministry of Internal Affairs of Russia. The authors consider the technique of driving a car with one hand to ensure full control of the steering wheel. The novelty of the study lies in the disclosure of the basic methodological techniques of initial training in emergency driving, which allows drivers to predict and prevent possible traffic accidents.

(Nie)zwyczajna kremlowska codzienność – Fabien Nury, Thierry Robin: "Śmierć Stalina. Prawdziwa historia… radziecka"

The (Un)ordinary Everyday Reality in the Kremlin: Fabien Nury and Thierry Robin’s The Death of Stalin: A True Soviet Story Daily life is usually associated with repetition and the ordinary. There are, however, settings where the quotidian is far from usual or familiar. Marked by dread and uncertainty, the everyday reality in the Kremlin during Joseph Stalin’s era is one such case evocatively presented in Fabien Nury and Thierry Robin’s graphic novel The Death of Stalin: A True Soviet Story. The article demonstrates how history can be artistically reworked through the comic medium. The analysis focuses on the choice of colors, composition of the panels, perspective, and creation of characters, and refers to the postulates put forward by Hillary Chute, Roland Barthes, and Michel Foucault. The paper concludes that the authors of The Death of Stalin not only offer a convincing take on one of the most crucial moments in the history of the Soviet Union and the world but also employ subtle artistic measures typical of comics to recreate the overwhelming atmosphere of everyday life in the Kremlin dominated by omnipresent fear and uncertainty about the future. The insights they offer into the actions of top-ranking communist officials serve as an artistic commentary on the findings of professional historians, inviting further interpretations.

LEGAL REGULATION OF THE SELECTION AND DESTRUCTION OF ARCHIVAL DOCUMENTS IN THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY: REGIONAL ASPECTS

LEGAL REGULATION OF THE SELECTION AND DESTRUCTION OF ARCHIVAL DOCUMENTS IN THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY: REGIONAL ASPECTS

Aktualisasi Asas Praduga Keabsahan (Vermoeden Van Rechtmatigheid Preasumtio Iustae Causa) Dalam Pengujian Penyalahgunaan Wewenang di PTUN

The existence of the State Administrative Court is one of the characteristics that shows that Indonesia is a rule of law country. The State Administrative Court has an important role in ensuring the validity of the law in the implementation of state administration, which in this case is adjudicating the actions of officials or state apparatus which are contrary to the principles of good governance and completing the rescue of the KTUN. In the process of resolving the KTUN resolution, the principles of State Administrative Justice are of course used, one of which is the principle of examining legal validity (rechtmatigheid principle) which has an important role in making decisions regarding the release of KTUN. Therefore, this article tries to explain again the essence and influence of the implementation of the principle of legal validity. The writing method used in this research is juridical-normative using a statutory approach and a conceptual approach. This paper uses a normative research method, namely an approach based on legal materials by examining concepts, theories, legal principles and statutory regulations, as well as relevant literature in this paper.

“Hesitation Gets You Killed:” Perceived Vulnerability as an Axiomatic Feature of Correctional Officer Working Personalities

Research on correctional officers (COs) has expanded over the past two decades, giving us a broad picture of the mental health, culture, and discretionary practices of a traditionally overlooked branch of law enforcement. However, gaps in this portrait remain. Drawing on 131 semi-structured qualitative interviews with Canadian COs, I demonstrate how COs’ perceptions of vulnerability powerfully shape officer actions and working personalities. To explain this, I introduce the concept of the vulnerability axiom, a cultural heuristic that frames how officers perceive their position within prisons. COs describe themselves as vulnerable to threats posed by incarcerated people, managers, and other officers, and act in specific ways to mediate these threats. The vulnerability axiom shapes how COs perceive their position within the prison, impacting relationships with managers and incarcerated people and shaping officer control behaviors. I conclude by discussing how the vulnerability axiom may help to reframe future CO research.

SOME ASPECTS OF TRAINING IN THE INTERACTION OF POLICE OFFICERS WHEN USING PHYSICAL FORCE

In their daily work, police offi cers often have to act in extreme situations involving the use of physical force, special means and fi rearms. The success of the performance of operational and offi cial tasks related to the prosecution and detention of the off ender largely depends on the eff ectiveness of interaction between police offi cers. This article discusses the problems of implementing interaction and the main aspects of teaching police offi cers how to interact in situations of operational and offi cial activity. The author points out the need for a more detailed study of organizational and methodological approaches to teaching methods of interaction of police offi cers.