Law Enforcement Employees Research Articles

Improving Mental Health Literacy Among Law Enforcement: A Pilot Study on Mental Health First Aid for Public Safety

Mental Health First Aid (MHFA) is an 8-h curriculum conducted in various communities to improve mental health literacy. Given the high rates of suicide among law enforcement professionals and the frequency of interactions between police and corrections officers with the severely mentally ill, mental health literacy is a relevant concept for the law enforcement field. This study examined the effectiveness of MHFA in improving mental health literacy in a small sample (n = 56) of law enforcement employees. A preexperimental one-group posttest-only design using nonprobability convenience sampling was used to analyze secondary data from courses taught by the author. The sample was comprised of law enforcement officers in various law enforcement agencies, including community police departments and corrections employees. Based on the posttest, the course improves participants’ confidence in recognizing signs of mental illness, asking about suicide, being aware of personal views, and assisting people in obtaining support.

Engaging Law Enforcement Employees in Mental Health Help-Seeking: Examining the Utilization of Interactive Screening Program and Motivational Interviewing Techniques.

The Interactive Screening Program (ISP) is an anonymous screening and dialogue platform used in workplaces to encourage mental health help-seeking. This study examined utilization of ISP among law enforcement workplaces and assessed how motivational interviewing techniques were associated with various help-seeking outcomes. This retrospective study used secondary ISP screening and dialogue data collected from 2013 to 2019 at four law enforcement workplaces or unions (N = 691). Independent variables include counselors' use of motivational interviewing techniques in their dialogue such as asking questions and showing empathy in their response. Help-seeking outcomes include requesting a referral, making a commitment to counseling services, decreased ambivalence about mental health services, and increased willingness to seek future services. Two-thirds of participants screened within the high distress level of ISP. Among them, 53% responded to the counselor's initial email and 50% of those who responded requested a referral for future services. Binary logistic regression models showed that counselors' use of confrontation in the dialogue was associated with improved willingness to seek services among ISP users (OR = 2.88, 95% CI = 1.24, 6.64). Further, ISP users who accessed ISP through their workplace peer support program, as compared to their employee assistance program (EAP), are more likely to show decreased ambivalence about seeking future services over time (OR = 0.28, 95% CI = 0.09, 0.80). This study demonstrates that the anonymous ISP program can successfully engage employees with high distress levels, including employees with suicidal ideation. Results highlight the importance of customizing ISP counselors' responses to be responsive for law enforcement employees.

Government interventions in the financial literacy of the law-enforcers

Financial literacy (FL) is a crucial skill set that police officers must possess, particularly in managing their funds during their tenure in the police force and as they approach retirement from their service. The extent of an individual's FL will directly impact the extent of their financial planning knowledge and budgeting abilities required as a police officer, commencing from the initial stages of their career. The primary objective of this study is to investigate the level of FL within the police force, with a particular emphasis on the factors of financial knowledge, attitude, and behaviour. The study employed a simple random sampling technique to gather data from a sample of 68 law enforcement employees stationed in Vosman and Klipfointein. The data was acquired through survey questionnaires. The data were descriptively analysed using the Statistical Package for the Social Sciences (SPSS). The results of the study suggest that police officers often possess low to moderate levels of FL. However, there is a positive correlation observed between the variables under investigation. The recommendation proposes that the government should implement ongoing training and short-term interventions focused on FL, with a particular emphasis on tailoring these initiatives to individuals' income levels and lifestyles. This study utilized intervention and transformational learning theory to support law enforcement professionals in enhancing their financial planning both prior to and following their employment, by means of financial education.

Profiling the Management of Organised Crime: Evidence of a Qualitative Research

Abstract The current paper deals with a rarely studied subject in the Romanian academic field, that of developing a profile of organized crime entities. The aim of the paper is to present the findings of a qualitative indepth-interview based research that was designed (using 11 specific objectives and 15 interviews) to identify how criminal entities are organized in the sense of structure, communication, hierarchy levels, member recruitment etc. The qualitative research was applied to law enforcement employees, prosecutors (former and active ones) and active and former members of organized crime that can help achieve the research objectives. Being structured in several sections (literature review, research methodology, research findings, conclusions and discussions) the current article represents the first step in understanding the way criminal entities are being organized and if the organizational method and management style mach that of economic (legal organized) entities. The results of the research and using as backround the literature review, have generated several interesting future hypothesis regarding the organization of criminal entities that can and are being tested with the help of a quantitative research method in an attempt to identify the best methods and strategies that the law enforcement entities can use to combat illegal activities.

Development and implementation of forensic anthropology in Swedish forensic practice

Abstract This paper presents the ongoing development of forensic anthropology in Sweden. We discuss the background of the discipline, its application, as well as its current and potential development in Swedish forensic practice. Collaboration with osteoarchaeologists in skeletal forensic cases has a long tradition in Sweden. Analyses of skeletal remains are performed ad-hoc, in contrast to analyses of fleshed human remains. While several law enforcement employees are educated in forensic anthropology and/or osteoarchaeology, they are not employed in these fields, and regional variations are evident. Internationally, forensic anthropology has become an autonomous forensic discipline over the past decades, requiring skills beyond mere skeletal analysis. To keep on a par with international standards, it may be time to revisit the concept of forensic anthropology in Sweden. Despite the limited presence of supporting organisational structures and systems, forensic anthropological and hard-tissue-reliant physico-chemical analyses have proven valuable in Swedish forensic practice, especially in cases of personal identification, trauma analysis and search efforts. We argue that Sweden could benefit from making qualified forensic anthropology expertise available in all law enforcement regions, starting to implement and promote forensic anthropology in routine forensic casework and formalising the role of forensic anthropology practitioners.

On the Necessity of Developing a Unified Definition of «Darknet» in Criminalistics

The article is devoted to counteracting crimes committed with the use of information-telecommunication technologies, specifically, the Internet. Criminals use the Internet actively to conduct criminal business transactions while hiding in the shadow part of the net — Darknet. This net provides offenders with opportunities for hiding by offering anonymous nets that guarantee a high level of confidentiality. This fact makes it considerably harder for law enforcement bodies to counteract crimes committed with the use of information technologies. Besides, an analysis of the criminal situation in the Russian Federation showed that law enforcement work of counteracting this type of crimes is not effective at the present stage. Due to this, there is a need for improving the level of “digital” literacy of law enforcement employees as well as the development of a criminalistic base that takes into account the digital progress. The authors offer a definition of “Darknet” that describes the essence of this net and that will become the starting point for researching the Darknet phenomenon as an object of criminalistics. The conducted research will make it possible to obtain new sources for building the elements of criminalistic description of crimes and a special criminalistic theory of investigating crimes committed with the use of Darknet.

Obtaining Samples for a Comparative Study: Theoretical, Normative and Law Enforcement Problems

The article analyzes the debatable aspects of the normative regulation of obtaining samples for a comparative study according to the current Criminal Procedure Code of the Russian Federation. Attention is paid to the key problems in the regulation of this action, and to the difficulties that law enforcement employees face due to them. The author examines the questions of defining the legal nature of obtaining samples for a comparative study, and the possibility of using the operative search potential instead of the procedural method to obtain comparative samples. While analyzing the problems of setting the limits of compulsion for this action, the author stresses the incorrectness of some wording in the law (Art. 202 of the Criminal Procedure Code of the Russian Federation). In the light of ensuring the right of criminally prosecuted persons to defense, the author also presents a critical assessment of the legal positions of the Constitutional Court of the Russian Federation reflected in the Definition of July 23, 2020 № 1856-0, in the part where obtaining samples for a comparative study is recognized as an action of urgent nature.

Safety Awareness at Sea: Perspectives from Marine Unit, Royal Malaysian Custom Department

Law enforcement officers face many dangerous and stressful situations in the line of duty. Some, such as gun violence, are obvious; other dangers (e.g., fatalities while working at sea) are hidden but common and can hinder officer performance. Officer performance is also affected by training and other factors. This article uses best-practice research to examine the relationship between safety culture, safety training, employee involvement, and safety awareness at the workplace, specifically to law enforcement employees working at sea. Safety awareness considered a vital element in every organization to enhance their employees’ performance. Quantitative research methodology was applied to examine the relationship between independent variables and dependent variable. The questionnaire are divided into five sections, covering demographic factors, safety culture, marine safety training, employee involvement, and safety awareness at the workplace. A total of 30% of 550 employees from the Marine Unit of the Royal Malaysian Customs Department were selected randomly as respondents. This study indicates that safety culture, safety at sea training, and employee involvement have a significant positive relationship to safety awareness at the workplace. A recommendation is then offered for law-enforcement safety management that can apply to the Marine Enforcement Unit of Royal Malaysian Customs to eliminate accidents, injuries, and fatalities at sea in the marine enforcement profession. The Marine Customs law enforcement professionals may benefit from studying the safety practices and safety management systems implemented in other high-risk professions to develop more effective programs that prioritize safety and mitigate risk in the workplace, especially safety at sea. The high-risk environment and nature of work conducted by Marine Customs law enforcement officers demand a holistic and dedicated approach to safety to reduce fatalities and injuries throughout the profession.

The Right of Access to Non-State Dispute Resolution in the Legal Order of Larger Europe: A Yardstick to Harmonise Approaches to State and Non-State Dispute Settlement in Ukraine

The Ukrainian legal thought has traditionally regarded the right of access to justice as a right of access to the State court, or to State managed or controlled procedures for dispute settlement. One of the main reasons for that was that the non-state, or uncontrolled by the State dispute settlement was not formally permitted, prohibition being imposed by the Soviet system and even to a certain extent during the period of domination on parts of the territory of the modern Ukraine, of the various externally imposed requirements of various legal systems in force at the material time. Non-state dispute settlement in its traditional forms, mainly based on the custom, was also left outside the attention in the pre-Soviet times and could not find its dignified place between accessible schemes and instruments for dispute settlement. Moreover, the understanding that justice delivery for the parties to the dispute should remain within State monopoly, became commonly accepted as from 1996. The adoption of the Constitution of Ukraine to a certain extent perverted approach to settlement of conflicts, focusing on the main role for the State courts, to these ends. In particular, the courts are having “direct jurisdiction” over any dispute, this led to perception of pre-trial settlements as unnecessary, even as regards those that remained in force, notably, the commissions on labour disputes that were recognized in the case-law of the European Court as equating in legal force to binding and enforceable legal instruments. Thus, the traditional historical approach to seeing judicial examination of disputes as an exceptional step in dispute settlement, in the absence of agreement or settlement by the parties, notably through mediation, arbitration or conciliation, variousforms of third party involvement, steadily disappeared. However, alternative examination of disputes is returning back to its original standing. It is gaining its place in the discussions on the judicial reform and reform of the system for settlement of disputes. This reform is far from being finalised and possibly has not even started in practice. The new approach to settlement of disputes, aimed at breaking the principle of State monopoly on examination of disputes and seeing State dispute settlement by court as an exception, is still not firmly entrenched into the mentality of lawyers, public servants, judges, law enforcement employees and politicians in Ukraine. Thus, the article suggests and points out to importance of taking into account with these changes of a wider European perspective. Such a perspective should relate not only to theoretical and practical advantages of the non-state dispute settlement, but also provides that the privatisation of the dispute settlement procedures and breaking the state monopoly on it, is a part of wider international obligations, also being a part of the supranational legal order of the European Union. This obligation of Ukraine is also seen as part of the requirements stemming from the Council of Europe law. Both the EU law and the Council of Europe provide for extensive soft law recommendations, legal principles, which are formed by the case-law of the European Court of Human Rights. Such an approach provides that alternative means of dispute settlement, including arbitration, do not run contrary to the principles of human rights with regard to fair judicial proceedings. On the contrary, they could be seen as a highly relevant actual means of dispute settlement for any modern European society, built on the principles of respect to rule of law and human rights.

Criminological and Criminalistic Problems of Overcoming the Counteraction to Criminal Prosecution

The authors analyze the history of the emergence and development of the corresponding criminological research and special criminalistic theory of overcoming the counteraction to criminal prosecution (preliminary investigation) to research its present condition, examine its potential for improving the effectiveness of fighting crime while strictly observing the rights and lawful interests of citizens. The authors use systemic, interdisciplinary and situational approaches, the methods of comparative jurisprudence and a number of sociology methods to update the current (to speak conventionally, accusatory) paradigm of the theory. The essence of this update (the new concept) is to ensure the adversarial nature of the judicial process, as well as in other types of court procedures, for the prosecution and the defense. The presented theory concept includes the idea that counteraction to prosecution could be not only unlawful and amoral, but also lawful and ethically admissible. The motives of persons involved in this counteraction could include their subjective confidence in their total or partial innocence, as well as the unlawful and (or) amoral, in that persons opinion, actions of some law enforcement employees. These clauses are developed through the authors own definition of counteraction and the classification of its acts. They have formulated six theses that form the basis of the updated paradigm of the theory. The authors conclude that the presented research approach, the concept reflected in the didactics of university law schools, could instill in students and practitioners a deep and stable personal motivation to study not only the corresponding academic disciplines, but the whole criminalistics and criminology as well as other theories and disciplines of the anti-criminal cycle. The suggested approach and the practical recommendations based on it could be used in the conceptually new syllabus (and subjects) already taught in the leading Russian universities, like «Counteracting Crime», «Criminalistic Support of Business Security», «Tactics of Protection against Unlawful Actions of Government Employees», «Tactics of Interaction between Business Structures and Controlling Bodies».

Transnational Organized Crime in the Era of Globalization

The authors analyze versatile manifestations of globalization, the internationalization of the global community development in the modern technogenic conditions, and conclude that these processes lead not only to positive, but, unfortunately, also to negative consequences. Specifically, they focus on the qualitative and quantitative changes in the heterogeneous structure of the so-called transnational organized crime. It is claimed that the most dangerous of them are cybercrimes, drug-related crimes, and human trafficking, which became the object of theoretical and empirical research. The study of international and national materials made it possible to apply a multi-aspect approach to the analysis of the normative basis and statistical data in this sphere. The authors identify the trends and regularities in the development of modern drug-related crimes in the plain of global and local socio-political, economic and legal phenomena; they also identify the priorities for the work of government bodies, including law enforcement agencies, aimed at counteracting these crimes. For cybercrimes, the authors outline the scope of the most dangerous types of illegal activities against national and economic security of states, against the rights and freedoms of their citizens; primarily, they single out the spread of terrorist threats, fraud related to financial and commercial information, personal data, etc. They analyze the clauses of the basic international normative legal act on counteracting cybercrime - the Budapest Convention of the Council of Europe - and pay special attention to the differentiation of crimes while taking into account this type of illegal activity, as well as the enforcement of the Convention in modern conditions. The essence of international terrorism is determined based on the statistical data and their correlation in one or another state; ideologically radical worldviews, separatism, personal ambitions of modern elites are recognized to be key prerequisites for this work. It is claimed that, as a type of transnational crime, global human trafficking is rather dangerous for modern society because of its considerable latency; its manifestations are described, it is also noted that a complex of preventive measures should be implemented at the international and national levels. The authors conclude that transnational crime is an urbanized deeply interconnected phenomenon that does not exist in a pure form and requires highly coordinated large-scale actions from the global and the national communities, as well as adequate professional training of law enforcement employees.

Cognitive Modeling of Factors That Influence the Criminalization of Society in Making Managerial Decisions in the Sphere of Crime Counteraction

The goal of this work was to identify basic factors that influence the criminalization of the society using the cognitive approach oriented at intensifying the intellectual activity of a criminologist-analyst and helping them express their understanding of a problem situation through a formal model, and then work out and support a managerial decision for this situation. The formal model was developed on the basis of a survey that included both people who are not specialists in the sphere of law, and experts in this sphere. As a result, the authors designed two cognitive structures for criminogenic and anti-criminogenic factors. Simulation experiments were carried out to research the systemic characteristics of sustainability and sensitivity of these structures. Simplicial analysis was conducted to identify implicit connections between factors, its results were then used to form new cognitive structures and conduct another set of simulation experiments. It was stated that, among the managing factors named by experts, the key ones are the level of alcohol addiction of the population and the moral principles established in the society, while the key factors among those named by non-experts are «latent crimes» and «moral principles». Thus, the authors established that the opinions of experts and laymen differ, but they coincide in the factor «moral principles». Non-experts stressed the factor of the variety of crimes, while experts stressed the factor influencing the lives of people. When ma­king managerial decisions, law enforcement employees should not only use the opinion of specialists, but also take into consideration the opinion of ordinary citizens. The conducted research is thus aimed at comparing the identified factors and at finding links between them with the purpose of justifying and supporting effective decisions in the sphere of crime counteraction.

Forming an Anti-Corruption Culture of Law Enforcement Agencies: National and International Experience

This article is concerned with the specific formation of an anti-corruption culture in the law enforcement system of the Republic of Kazakhstan. To this date, the country has formed a large base of legal acts regulating the fight against corruption but their effectiveness raises questions.
 In this context, it is necessary to use preventive measures both in society as a whole and in the field of public administration, including law enforcement agencies. One such measure is the formation of an anti-corruption culture. This study aims at analyzing global directions and approaches to the formation of an anti-corruption culture among law enforcement employees. The authors of the article consider the world experience of an anti-corruption struggle and the most efficient models of forming an anti-corruption culture in the sphere of law enforcement.
 The authors have proved that the anti-corruption culture of law enforcement agencies differs from that of other society members and revealed its specific features. The necessary condition for their effective neutralization is not only legal education but also the promotion of moral and ethical standards.
 According to the authors, this goal can be achieved through anti-corruption education that fosters a culture of involvement and consciousness, a clear rejection of corruption and the popularization of anti-corruption standards. In the course of the study, they highlight the main components of an anti-corruption culture among law enforcement employees and conclude on the further efforts scholars and lawmakers should make to develop a common worldview, scientific and legal concept of the fight against corruption.

Contrasting emotional labor and burnout in civilian and sworn law enforcement personnel

PurposeThis study introduces emotional labor into an analysis of multiple dimensions of burnout in sworn and civilian employees across three law enforcement agencies.Design/methodology/approachUsing data from a survey of law enforcement employees in a metropolitan police department, a full-service sheriff's department, and a state corrections agency located in the western United States (n = 1,921), we test the explanatory power of an emotional labor-based model of burnout.FindingsResults partially confirm the lone prior study to examine civilian and sworn personnel. Sworn and civilian employees experience variant levels of emotional exhaustion and depersonalization, though the underlying emotional labor correlates are significantly related to burnout for both groups. Further, we extend prior results by capturing multiple facets of burnout as well as contributing an emotional labor explanation for burnout, while controlling for individual demographic characteristics and agency type.Research limitations/implicationsLaw enforcement agencies rely upon non-sworn employees to support their missions. The experience of non-sworn law enforcement personnel is under-researched in both the emotional labor and law enforcement organizational literature. Burnout is a phenomenon that has high costs for both employees and organizations, particularly in the law enforcement context. Investigating the emotional labor experience of employees is critical for practitioners who are tasked with effectively managing both groups.Originality/valueOne previous study has investigated the emotional labor of civilians in law enforcement and used community-level predictions for burnout. This study builds on those findings by capturing two facets of burnout rather than the lone gauge of burnout used in the previous study. Furthermore, we use an emotional labor model to investigate emotional exhaustion and depersonalization reported by sworn and civilian personnel.

The prosecutor effect in trials for petty violent offences in Russia

ABSTRACT The paper utilises the duality of criminal procedure in Russia - with or without the participation of public prosecutor - to compare trial outcomes for petty violent offences in the two types of trial and examine the effects associated with the participation of the public prosecutor in court. Controlling for the selection of cases into the public prosecutor track as well as for legal and extralegal characteristics of offence and offender, the analysis establishes that the participation of the public prosecutor in trials reduces the probability of acquittal and increases the probability termination of case in connection with reconciliation of parties. Another dimension of the public prosecutor effect is the mitigation of disparities in the likelihood of acquittal associated with the occupational status of defendant, save for the law enforcement employees. The latter are more likely to be acquitted than defendants with other occupational status and are less probable to reconcile with the victim.

Biztos út..., avagy gondolatok az egyes rendészeti feladatot ellátók tevékenységéről

As a police chief, I have the opportunity to engage in ongoing dialogue with certain law enforcement employees, such as field rangers, park rangers, fishery rangers and while coordinating the activities of my staff, to gain insight into their activities and responsibilities. In this study, I intend to introduce partners with a legitimate police force, alongside the national police, from the perspective of a practicing police officer.

Vectors of the Criminal Policy of Legal Regulation of Ccircumstances That Exclude the Criminal Character of an Action

At the current stage of social development, the protection of the interests of a person, society and the state from publically dangerous infringements is reaching a conceptually new level. Russian and foreign legislation, as well as theoretical publications, are paying more and more attention to the possibilities of the lawful infliction of harm under the circumstances that preclude the criminal character of an action. The abovementioned norms have a special place in criminal or other legislation because they contain clauses that allow inflicting harm on public relations protected by criminal law. Criminal legislation, recognized worldwide as penal in its essence (e.g. the Penal Code — «penal» being the synonym of «retributive», «punitive» and «vindictive») still contains a specific chapter devoted to such circumstances and includes norms that define the conditions and grounds for inflicting harm on public relations protected by criminal legislation, and this harm is recognized as lawful and even publically beneficial. These norms should be viewed as a specific legal phenomenon not only in Russian, but also in foreign criminal legislation and other types of legislation. However, the analysis of law enforcement practice does not allow to judge the effectiveness of their use by both law enforcement employees and citizens who protects their lawful rights and interests against publically dangerous infringements or engage in other publically beneficial behavior. In our opinion, the problems of law enforcement are connected with legislative support, and specifically with the area of substantive law. The authors of the article summarize many possibilities of using the norms of Chapter 8 of the Criminal Code of the Russian Federation that have not been realized yet. They take into account and stress the isolation and independence of these norms, the necessity of their presence and reflection specifically in the criminal legislation. The authors also recommend to change the method of legal regulation of the circumstances that preclude the criminal character of the action and to use it as a basis for introducing significant changes in the contents of the abovementioned norms with the aim of improving the effectiveness of their enforcement in practice.

The Effectiveness of Using the Tactic-Psychological Aspects of Criminalistic Tactics in the Work of Investigation Authorities' Employees

The authors analyze the use of the psychological aspects of criminalistic tactics in the work of law enforcement employees. The authors identify the causes of their low effectiveness: the insufficient knowledge of investigation authorities’ employees, a psychological attitude and professional deformation. Insufficient knowledge about the use of tactic-psychological aspects of criminalistic tactics is, in its turn, caused by a number of factors. Primarily, they are professional qualities of investigators and detectives: gaps in primary training, lack of enthusiasm for professional development, mental stereotypes. An important factor is the lack of time to study extra material on criminalistics. Some factors are connected with the theory of criminalistics itself. They include the difficulty of searching for recommendations in publications, the generalized character of such recommendations and the difficulty of understanding them. Psychological attitude predetermines both the success and the low effectiveness of using the tactic-psychological techniques during some investigative actions. Negative psychological attitudes that hinder the effective use of psychological aspects in the work of the investigation bodies’ employees include: orientation on prosecution, orientation on the formal character of work, orientation on the non-achievement of the desired result. Their essence is described and the specific characteristics of their negative impact are analyzed. The negative impact that the orientation on prosecution has on the use of the psychological aspects of the investigation bodies’ employees is manifested through the initial confidence of the investigator or detective that the prosecuted person is guilty which, in its turn, makes the objective investigation of the circumstances of the case unnecessary. Orientation on the formal character of work and orientation on the non-achievement of the desired result destroy the tactic-psychological potential of the investigative actions. Professional deformation intensifies negative orientations, establishes a model of rough communication with other people, normalizes unethical and even illegal actions of an investigator or a detective. The analysis of these causes makes it possible to overcome their negative impact on the work of investigators and detectives by developing revised and specified criminalistic recommendations.

The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

Abuse of Rights, Its Prevention and Suppression in Russian Criminal Process: Some Research Results

The problem of abuse of rights in the criminal process is currently widely discussed by both researchers and practicing specialists. However, until today there has been no large-scale representative research of law enforcement practice or surveys of law enforcement employees focusing on this issue. The article analyzes some results of researching the practice of law enforcement. The study was conducted by the authors in 2016–2017 within the framework of the project «Abuse of Rights in the Criminal Process: Systemic and Non-Systemic Manifestations, their Prevention and Suppression». The authors studied archives of criminal cases, appeal and cassational proceedings, complaints filed under Art. 125 of the Criminal Procedure Code of the Russian Federation, complaints from the archive of the Constitutional Court of the Russian Federation, and published court judgments. The paper presents situations that were classified by law enforcers or could (according to expert evaluations) be classified as the abuse of rights by the criminal proceedings’ participants, the authors systematize the identified forms of the abuse of rights, evaluate the scale and character of these forms (systemic or non-systemic), determine causes and conditions that contributed to the emergence of some cases of the abuse of rights, describe measures of improving the criminal procedure legislation aimed at eliminating the causes of systemic abuse of rights, describe effective ways of preventing and suppressing some types of actual abusive behavior, argue that in some cases the abuse of legal rights is caused by the behavior of officials, and also that the state and law enforcers involved in a criminal case should show certain tolerance to the possible abuse of rights if it is not systemic in order to provide a maximally full legal protection of proceedings’ participants.