Enforcement Functions Research Articles

Forms and types of financial control in the field of procurement of goods, works and services to meet state and municipal needs

The article examines the features of financial control in the field of procurement of goods, works and services to meet state and municipal needs. The object of the study is the public relations that develop in connection with and regarding the implementation of financial control in the field of procurement. The subject of the study is the provisions of the current legislation on the contract system and financial legislation, in which the rules on the implementation of financial control in the field of procurement are enshrined. An additional subject of the study was materials from judicial practice and the results of published academic research. Within the framework of the article, based on theoretical concepts and general legislative provisions on financial control, on the one hand, and control in the field of procurement, on the other hand, the key types and forms of financial control directly in the field of procurement are identified. Based on the results of the study, conclusions are formulated that financial control in the field of procurement is characterized by organizational, functional and financial independence. At the same time, the system of financial control in the field of procurement includes: indirect and direct forms of financial control. In turn, direct financial control within the framework of the contract system includes two types: 1) current control - as part of the implementation of law enforcement functions for treasury services for the execution of budgets of the budget system of the Russian Federation; 2) subsequent control - within the framework of the system of internal state (municipal) financial control. The scientific novelty of the findings is determined by the author’s approach to systematization of key forms and types of financial control in the field of procurement.

Activities of Ukraine law enforcement agencies to ensure the rights and freedoms of citizens during martial law

The purpose of the study is to determine the peculiarities of the implementation of law enforcement functions, in particular, regarding the protection of the rights and freedoms of citizens in the conditions of the legal regime of martial law by the relevant state authorities of Ukraine. The goal of the article was achieved thanks to the use of a complex of general scientific, special and statistical methods. In particular, such as the method of system analysis, logical, methods of induction and deduction, analysis and synthesis, and a set of static methods. Based on the results of the research, it was determined that during the period of the legal regime of martial law in Ukraine, there were changes in substantive and procedural law, and the legal statuses of representatives of individual law enforcement agencies were revised. Some of them, in particular the police, were given additional powers. The dynamic character is also inherent in both criminal and criminal procedural legislation. The normative and legal amendments aimed at creating a safe environment in society, in particular regarding the protection of the rights and freedoms of citizens, ensuring the proper state of public order and public safety, were adopted and put into effect. It has been established that the task of countering war crimes, eliminating gaps in the current legislation, developing and establishing effective interaction of law enforcement agencies with other enterprises, institutions, and organizations is currently being updated.

Corruption in law enforcement agencies: causes and system of countermeasures

Corruption has always been a negative phenomenon that significantly deformed the institutional purpose of state institutions and undermined the public's trust in them. Unfortunately, the issue of corruption in law enforcement agencies has always been particularly acute. Moreover, right now, in the conditions of a full-scale war, it is the law enforcement agencies that must stand in defense of the internal sovereignty, national unity of the state, and ensure the protection and functioning of various state mechanisms. It is worth noting that the institutional structure of the law enforcement system is constantly changing, against the background of which institutions are created, the purpose of which is the direct prevention of corruption and corrupt acts. The classic approach consists in assigning a specific body of state power to law enforcement agencies based on the actual performance of law enforcement functions.
 The need and relevance of the criminological characterization of the causes and the importance and urgency of developing a system of anti-corruption measures in law enforcement agencies are substantiated.
 Corruption offenses committed by law enforcement agencies are most often various deviations and violations of the current legislation regulating law enforcement and law enforcement activities of these agencies. We see the high latency of corruption offenses as the main cause of corruption in this area; personnel problems and deformation of the role and meaning of the management team. Measures to combat corruption in internal affairs bodies include: optimization of the recruitment process; improvement of internal and external communication channels for whistleblowers; promotion of departmental financial supervision of the life of law enforcement officers, and constant training and improvement of qualifications of each law enforcement officer, the need to pass a real annual psychological certification.
 It is concluded that the development of anti-corruption measures should not be of a general nature. More effective is precisely the targeted approach, based on the identified causes and conditions of corruption in a separate sphere, in this case, the sphere of activity of law enforcement agencies, and specific industry-oriented, targeted anti-corruption measures developed based on these determinants.

The place and role of the judiciary in the system of state authorities: implementation of the principle of people’s power

The place and role of the judiciary in the system of state authorities: implementation of the principle of people’s power.
 The article is devoted to highlighting certain features of the organization and activities of state authorities in Ukraine. The author focuses his attention on the role and place of the judiciary in the mechanism of checks and balances. Separate principles of the construction of the system of judicial power in Ukraine are considered.
 It is indicated that a just law is the embodiment of the idea of equal freedom for all - to do everything that does not limit the freedom of others and does not cause harm, as well as what is not prohibited by law. The idea of justice is implemented primarily through the normative consolidation of the right to a fair trial. This right is established both at the national and international levels. Given the closeness of the concepts of «law» and «justice», in the process of consideration of a court case there is a search for the right, and the result of this consideration is embodied in a concrete decision of the court.
 The authors note: 1) guaranteed rights (opportunities to perform certain actions) of a person who is a citizen of a specific state should be established by laws. Laws establishing rights, establishing specific obligations and sanctions for non-fulfilment apply equally to all citizens. 2) in order to implement the principle of «the best order» it is necessary to create a logical relationship between coercion and protection in the person of the citizen. This means the following: a citizen must have a real possibility of forcing state and other bodies, third parties to properly comply with the law, just as the state has the possibility of forcing citizens to obey the law. The social nature of the judiciary consists precisely in the resolution by judges (from the standpoint of justice) of conflicts of conflicting interests in society. The solution to the legal nature of judicial power lies in the fact that judges in a specific case demarcate the free spheres of the disputing parties and formulate the corresponding universally binding consequences. The constitutional and legal parameters of ensuring the human rights function of the judiciary are due to the fact that the judiciary itself is a sub-function of a more general concept - the law enforcement function of the judiciary. The current legislation of Ukraine establishes the unity of the judicial system of our country, but in fact this issue is not so obvious due to the existence of organizationally independent and procedurally independent systems of courts of general jurisdiction, economic and administrative courts, as well as the Constitutional Court of Ukraine. However, the general duty of courts to protect the rights and freedoms of a person and а citizen acts as the main constitutional goal of justice - it unites all branches of the judicial power according to their social purpose in the system of state authorities.

Differences between the service in the national police and military service of law and order

By combining the dialectical and systemic structural method, the purpose of the article was to determine the peculiarities in the differences between the service in the National Police of Ukraine and the Military Public Order Service. As for their practical significance, there are three main types of service: civilian, militarized and specialized. It is shown that the service of the National Police of Ukraine, like the Military Public Order Service, is a militarized state service, but the Military Public Order Service is purely military and the service of the National Police of Ukraine is "paramilitary"; although both institutions perform relatively similar law enforcement functions and tasks. The research assessed the international experience of police and military institutions. It is concluded that, among the ways to improve the current administrative and legal support for the regulation of social relations in the sphere of law enforcement service and, order in the army, in the territories where war hostilities are actively developing, the institute of civilian service should be realized on the issue of differentiation of types of service, namely: the division into civilian and militarized.

The Role of the Financial Services Authority in Supervising Capital Market Flows in Indonesia

This study aims to examine the enforcement of laws and the role of the Financial Services Authority in addressing capital market violations amid the development of economic flows in Indonesia. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that capital market violations consist of administrative violations and criminal offenses. Meanwhile, Bapepam’s role in addressing capital market violations has been shifted to the Financial Services Authority. OJK is a builder, regulator, and supervisor of capital market activities. In executing its law enforcement functions, OJK also has the authority to examine, impose administrative sanctions, and investigate criminal offenses to be pursued and resolved through the criminal justice system. On the other hand, based on the una via principle, OJK can also decide not to proceed to the investigation stage of an alleged criminal offense by imposing an administrative sanction in the form of a fine accompanied by a written order. In carrying out its enforcement functions, OJK enforces criminal law both preventively and repressively. Therefore, it is recommended that the OJK and relevant parties enhance coordination and collaboration in enforcing capital market laws, both preventively and repressively. This enforcement can be achieved by improving human resources capacity and infrastructure to monitor daily capital market activities. Increasing investor education and awareness is also crucial to reduce the likelihood of violations. Lastly, OJK should ensure a balanced approach between preventive and repressive law enforcement, considering the una via principle in specific cases. Implementing these recommendations will support creating a conducive, transparent, and fair capital market environment, ultimately attracting investors and further promoting Indonesia’s economic growth.

Общественно ориентированная деятельность полиции в миротворческих миссиях ООН как модель эффективного сотрудничества полиции и общества

The community-oriented policing within the framework of UN peacekeeping operations was considered in the article. Emphasis is placed on the interaction of the police and civil society institutions in the implementation of the law enforcement function of a rule of law state as one of the necessary conditions for its creation and functioning. In the context of many types of interaction between public authorities and public, the partnership model and the concept of community-oriented policing were singled out separately. The definition of community-oriented policing is given and its constituent elements are considered within the framework of the functioning of the United Nations police in peacekeeping missions on a territory of states with a conflict and post-conflict environment. It is concluded that the mechanisms of interaction between the police and public during the implementation of the UN mandate on the territory of a hosting state have shown their effectiveness and can be used as models for effective cooperation between the police and society in the course of building and functioning of a rule of law state.

Проблемы юридической определённости и правовая категория «органы внутренних дел»

Introduction: The article is devoted to the analysis of the legal category of «internal affairs bodies» and related categories that specify the composition of state apparatus. Rationale is determined by the provisions of theoretical and doctrinal nature, which vaguely formulate the concept of «internal affairs bodies», based on the formal–legal criterion and substantive features of the law enforcement segment of the state apparatus. Methods: When analyzing theoretical provisions of the doctrine, which reveal the concepts under study, comparative analysis and method of historical normative acts analysis were used. Statutory documents of by-law nature that define the system of the Ministry of Internal Affairs were considered. Results: Formal and substantive (material) criteria defining the system of internal affairs bodies are identified. Formal criteria include fixing the system of internal affairs bodies in normative and administrative acts, departmental organization of internal affairs bodies’ management. Substantive criteria include law enforcement functions performed by internal affairs bodies; the presence of paramilitary units within them; specific features of the public service in the internal affairs agencies.The link between the indicated category and the implementation of the concept of powers separation (separation of the executive branch of power) is noted as well as uncertainty in the historical–legal retrospective sphere of the status of internal affairs bodies as subordinate to the Ministry of Internal Affairs; the dominance of the formal criterion of definition over the substantive one;uncertainty as to the status of some functionally related parts of the state apparatus outside the Russian Ministry of Internal Affairs system.

About Principles of Forming of Legal Mechanism of Citizens Digital Profiling

In the article the analysis of stages of development of citizens digital profiling in Russia is carried out. Based on the analysis the authors draw the conclusions on forming of legal mechanism according to principles in reliance on main functions of state. In particular, social function stipulates that categorization of citizens is allowed only for estimation of need in material assistance, supplementary guarantees and favours. Economical function includes execution of financial control and monitoring, stimulation of economical activity of citizens. Law enforcement function is focused on prevention and early recognition of legal wrongs including in digital sphere. Human rights function is realized in actions to stem violations of rights and legitimate interests including electoral. An idea of commercialization of digital profiling, its perception as a product aimed to risk minimization during rendering of financial and other services poses a danger of discrimination of citizens and criminalization of this sphere.

A set of components of psychophysical readiness of representatives of security and defense sector institutions of Ukraine with law enforcement functions for the use of small arms, as the basis of personal safety in extreme conditions of SCA

Summarizing the results of the monitoring of specialized Internet sources, taking into account the results of the analysis of scientific and methodological and reference literature, it was established, that the urgent issue of the development and approval of pedagogical models (technologies), methods, pedagogical conditions for the formation of psychophysical readiness of future officers of institutions of the security and defense sector of Ukraine with law enforcement functions for the use of small arms is devoted to the insufficient number of scientific works, this, in turn, emphasizes the relevance and practical component of the chosen direction of scientific research.
 The main goal of the study is to test directions for improving the components of the psychophysical readiness of future law enforcement officers to use service firearms. Research methods: abstraction, measurement, expert evaluation, survey, comparison, observation (mathematical statistics), etc.
 In the process of research and analytical work, directions for improving the components of psychophysical readiness of future law enforcement officers for the use of service firearms were developed and tested. Taking into account the content of educational and professional training programs for future law enforcement officers, the practical experience gained by representatives of the institutions of the security and defense sector of Ukraine during armed resistance to the full-scale invasion of the Russian Federation, directions for improving the components of the psychophysical readiness of representatives of the studied category to use firearms were identified and scientifically substantiated, that is, psychological and combat readiness appear as separate components. In turn, combat readiness consists of: from physical (special physical), fire, tactical-special and situational readiness. The effectiveness of the implementation of directions for improving the components of the psychophysical readiness of future law enforcement officers for the use of firearms has been experimentally proven, in particular, it was found that during the experiment, the number of Eg acquirers with a low level of formation decreased significantly (by 43%), while at the same time, the number of respondents with a high level of formation of psychophysical readiness to use of firearms increased (by 16%). The results of the theoretical research are implemented in the system of special physical and fire training (professional education) of cadets: Kharkiv National University of Internal Affairs and Kyiv Institute of the National Guard of Ukraine.
 Prospects for further research in the chosen field of scientific intelligence provide for the improvement of the system of special physical training of future police officers with an emphasis on the use of special obstacle courses.

Labor Secretary Frances Perkins Reorganizes Her Department’s Immigration Enforcement Functions, 1933–1940: “Going against the Grain” – CORRIGENDUM

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Psychophysical readiness of future law enforcement officers for service-combat (operational) activity

Taking into account the results of the monitoring of scientific and methodological, special and reference literature, the members of the scientific research group determined that the actual issue of determining the components that affect the psychophysical readiness of future officers of the institutions of the security and defense sector of Ukraine with law enforcement functions for service and combat (operational) activities - dedicated to the insufficient number of studies, this in turn emphasizes the relevance and practical component of the chosen direction of scientific research.
 The main goal of the study is to determine the extreme factors that affect the psychophysical readiness of future law enforcement officers during their assigned tasks. Research methods: abstraction, measurement, expert evaluation, survey, comparison, observation, etc.
 As a result of a theoretical study, the members of the scientific research group identified extreme factors that affect the psychophysical readiness of future law enforcement officers during their assigned tasks. In our opinion, the structure of the influence of extreme factors on the psychophysical readiness of representatives of the studied category during their performance of official duties in primary officer positions is: 1) motivation to perform service-combat (operational) activities in extreme conditions (with corresponding dependencies: psychological state of the individual; physical condition; adaptation; adaptation reactions; effectiveness of performing assigned tasks; level of professional competence formation, etc.); 2) nature of extreme factors (block 1: disruption of tissue structure, inhibition of enzyme activity, disruption of oxidative processes, intracellular acidosis, cell hypoxia, glycolysis, regeneration, physiological responses; block 2: mechanical; physical; chemical, thermal, biological, social, anthropogenic (pathogenic), material and technical; block 3: violation of the process of processing (perception) of information, impulsiveness in actions, inhibition, violation of executive functions, violation of the process of perception and thinking, emotional stress, psychological (psychophysical) reactions of responses); 3) readiness stressors (combat danger, hypodynamia (hypokinesia), vibration (shaking), pathogenic microorganisms, physical (psychophysical) stress, neuropsychological stress, pain, cold, hypoxia, heat, thirst).
 Prospects for further research in the chosen direction of scientific research include the development of applied physical exercise complexes that involve the use of TRX loops in the system of individual physical training of future officers of institutions of the security and defense sector of Ukraine.

СИСТЕМА ОРГАНОВ ИСПОЛНИТЕЛЬНОЙ ВЛАСТИ В СФЕРЕ МИГРАЦИИ: АКТУАЛЬНЫЕ ПРОБЛЕМЫ И ПУТИ РЕШЕНИЯ

Abstract: The topic of migration is relevant and significant for society and the state. The legal component of migration, the quality of normative regulation, legal and organizational support for the activities of public authorities in the field of migration, authorized to implement migration policy, do not always correspond to the rapidly developing legal relationship, especially in the context of the coronavirus pandemic. And in this regard, the author identified a number of problems that require their prompt legal solution. The author of the material proposed a classification of executive authorities in the field of migration.
 In order to solve one of the problem — the delimitation of powers between the bodies exercising competence in the field of migration policy, as the author notes, individual scientists are invited to develop and adopt a special Federal Law dedicated to the delimitation of such powers. The author focuses on the fact that there is a need to distribute powers between various subjects of migration policy, substantiates the need to identify criteria based on which these powers will be distributed.
 In particular, the main body of state power in the field of migration should be, in fact, the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia. Also, it is the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia that should be responsible for coordinating the activities of other state bodies implementing policies in the field of migration.
 In conclusion, the author points out that the improvement of state policy in the migration sphere, which is also associated with the strengthening of the law enforcement component of the activities of the subjects of migration policy. Without the interaction of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia with other federal executive bodies in legal regulation in the field of migration, as well as in the implementation of law enforcement functions for federal state control (supervision) in this area, it is impossible to stabilize the migration situation in the country and ensure the national security of the Russian Federation.

Normative and legal provision of social protection of employees of the National Police of Ukraine: today

The work examines the regulatory and legal provision of social protection of employees of the National Police of Ukraine in today's conditions. It is noted that one of the important and necessary state institutions in modern conditions is the National Police of Ukraine, which occupies one of the key positions, implementing the law enforcement function and performing a fairly wide range of tasks to protect the rights and freedoms of citizens, and therefore the social protection of the employees of this institution plays an important role value. However, until now, the social protection of police officers remains an unsolved problem, which creates obstacles on the way to the development and establishment of stability in society. Having analyzed the current national legislation on the social protection of employees of the National Police of Ukraine, it was concluded that despite the large volume of legal acts regulating the social protection of law enforcement officers and their family members, attention is drawn to the declarative nature of the norms and the nature of their optional implementation, as well there is a lack of a unified approach to the legal regulation of social protection of the studied category of workers. And as a result, although the social protection of employees of the National Police of Ukraine is provided for by a number of legal acts, many issues remain unresolved, especially in today's conditions. It is noted that despite a number of positive changes regarding the reform of the police system in Ukraine, it is necessary to pay more attention to social protection and gaps in the national legislation, the elimination of which will provide an opportunity to ensure the full functioning of the newly created and reformed units of the National Police of Ukraine. The task of reforming is primarily to ensure that there is a correspondence between tasks and functions, structure and people, and resource provision. Among other important issues is decent pay for the work of Ukrainian police officers, because the safety of citizens and the level of crime detection directly depend on their motivation. And that is why their salary must correspond to modern risks and realities, ensure stability, and only the law can guarantee this.

Legal basis for the evidence gathering by the prosecution in criminal proceedings

The article forms the legal basis for the evidence gathering by the prosecution in criminal proceedings. The relevance of the chosen theme is that the evidence gathering by the prosecution in criminal proceedings is regulated by legal acts of the state. However, there are cases when the prosecution violates their separate rules. The determinants are objective and subjective reasons: a significant workload on each law enforcement officer, limited time for making procedural decisions, untimely familiarization with changes in domestic legislation, etc. Such non-compliance with the legal acts of the state may be accompanied by violations of human rights and freedoms, as evidenced by a significant number of complaints filed against Ukraine with the European Court of Human Rights every year. A certain share of the relevant decisions adopted by the European Court of Human Rights in most cases state violations of human rights and freedoms. Therefore, we consider it expedient to form the legal basis for the evidence gathering by the prosecution in criminal proceedings, in order to ensure their correct theoretical understanding and practical application. Accordingly, the purpose of the scientific article is to determine and clarify the legal basis for the collection of evidence by the prosecution in criminal proceedings. Achieving this goal necessitated the following tasks: to analyze both legal acts and works of scholars on this topic, as well as investigative and judicial practice.
 Based on the research conducted, the author has come to the following conclusion: the evidence gathering is regulated not only by the Criminal Procedure Legislation of Ukraine, but also by the decisions of the Constitutional Court of Ukraine, resolutions of the Supreme Court, the case law of the ECHR and departmental legal acts of relevant ministries, central executive authorities and other public authorities with law enforcement functions. The legal basis for the evidence gathering by the prosecution in criminal proceedings is the system of legal acts, a set of decisions of the Constitutional Court of Ukraine, resolutions of the Supreme Court, as well as the practice of the ECHR, which determine the methods, procedure, mechanism for collecting factual data, as well as the powers, functions and tasks of authorized entities during the pre-trial investigation.

The place and significance of the judicial system in the law enforcement policy of the state

The article examines the question of the place and importance of the court in law enforcement policy due to the lack of a unified approach to this issue in modern legal literature. It is noted that this leads to ignoring the true essence of the judicial system and its importance in the development of an effective law enforcement policy of the modern state. At the same time, one can criticize the fact that courts and judicial bodies do not belong to the law enforcement system of Ukraine and it is not possible to talk about any law enforcement policy of the judicial system. That is why appropriate explanations about the meaning of the court in modern conditions, based on the realities of our future (post-war) life, and in the conditions of military confrontation, are necessary. That is why the purpose of the article is to determine the place and clarify the role played by the court in law enforcement policy in Ukraine. It is established that the court as a body of judicial power performs a law enforcement function through the relevant powers to implement the function of legal protection established by normative legal acts. Examples of the participation of the judicial system in the formation of law enforcement policy of the state are considered. It is concluded that the implementation of the legal positions of the Supreme Court, as well as the activity of the Constitutional Court of Ukraine in recognizing unconstitutional norms of law, allow to ensure the protection of citizens’ rights by the state through the judicial system. In addition, in accordance with part 6 of art. 13 of the Law of Ukraine «On the Judiciary and the Status of Judges», conclusions regarding the application of legal norms set forth in the Supreme Court’s rulings are taken into account by other courts when applying these legal norms. In our opinion, these are all elements of law enforcement policy on the part of the judicial system, which is implemented in legal positions on the interpretation of legal norms, which allow protection of the rights and freedoms of people and legal entities. These areas of activity of judicial bodies as a whole affect law enforcement policy, both directly within the scope of their activities and through interaction with other law enforcement bodies (National Police, Prosecutor's Office, Customs, persons and bodies that execute court decisions, etc.) on the republican and international level levels, which allows to coordinate and improve law enforcement procedures, to produce the most effective means of protection and protection of the rights and freedoms of citizens.

Implementation of the law enforcement function of the state by the prosecutor’s office: a mechanism for ensuring constitutional security

It is indicated that over the past 10 years, the issue of ensuring the security of the state has become particularly relevant for domestic legal science, primarily because during this period the foreign policy conditions of our state’s existence have become significantly more complicated, which has led to internal problems (the attack of the Russian Federation on the territory of independent Ukraine). Thus, in the modern socio-economic and political conditions of the functioning of our state, the problems of ensuring its security become particularly acute. Article 17 of the Constitution of Ukraine states that the provision of state security and the protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. Therefore, ensuring the security of the state is regulated at the legislative level and is carried out by specially authorized entities. Thus, from the point of view of constitutional law, it is important to study the status of the prosecutor’s office in interaction with other state authorities, however, from the point of view of the theory of constitutional security, we turn to the most important tasks of maintaining domestic stability, constitutional security, and observing the foundations of the constitutional system of Ukraine.
 It has been determined that the fact that the study of the conceptual and legal foundations of the state law enforcement service in our country is aimed at understanding it as an object of management, determining its essence and structure, as well as substantiating the requirements for the future is indisputable.
 The authors come to the conclusion that, speaking about the provision and implementation of the law enforcement function of the state, one should agree with the opinion of V. Volynets, that as such - that is, in the most general aspect - is inherent to almost all state authorities without exception, regardless of their affiliation to one or another branch state power. At the same time, in our opinion, among a number of state bodies that exist in any country, there are only a few for which the implementation of the law enforcement function is the basis and core of their activity, which are the prosecutor’s offices.

Актуальные проблемы деятельности полиции в сфере охраны общественного порядка и обеспечения общественной безопасности (на примере Ставропольского края)

This article discusses the problems of police activity in the field of public order protection and public safety, including during mass events. In addition, the article deals with the interaction of the police and public associations involved in the protection of public order, as one of the forms of implementation of the law enforcement function of the state in the field of public security. The actual mechanisms and problems of interaction between the state and society in this area are analyzed, in particular, issues of control by the police over the activities of law enforcement-oriented public associations. A number of problems arising in practice are identified, ways to overcome them and practical recommendations for improving police activities in this area are proposed.

Роль института урядников в обеспечении правопорядка в Российской империи (по материалам Новгородской губернии)

The article reveals the role of the institution of police officers in the system of law enforcement agencies of the Russian Empire in the last quarter of the XIX century. Based on the materials of the Novgorod province, the implementation of the law enforcement function by the lower level of the police is traced in the conditions of increasing social contradictions after the abolition of serfdom, accelerating the pace of capitalization of the economy and the growth of criminalization of the population.

«CRIMINAL CAREER» AS THE MAIN FEATURE IN THE CRIMINOLOGICAL, CRIMINAL LAW AND CRIMINALISTIC CHARACTERISTICS OF THE PERPETRATOR OF THE CRIME «TAKING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY»

The perpetrator of the crime under Article 210.1 of the Criminal Code of the Russian Federation is characterized by willingness to follow criminal ideology, to lead the criminal hierarchy using an arsenal of illegal methods, to organize and expand the scope and territory of criminal activity through subordinate structures, actively counteract the law enforcement function of the state. The criminal career of the leader of the criminal hierarchy is the basis for qualifying a crime, determining the circumstances included in the subject of proof, for planning and organizing an investigation. Purpose: to analyze the criminal law, criminological and criminalistic characteristics of the perpetrator of the crime – «Taking the highest position in the criminal hierarchy». Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study makes it possible to identify problems in the qualification of the crime, to highlight the criminal law, criminological and criminalistic signs of the perpetrator of the crime under Article 210.1 of the Criminal Code of the Russian Federation, to formulate recommendations on the organization and planning of the investigation of this crime.