Sphere Of Law Enforcement Research Articles

Уголовно-процессуальная правосубъектность: понятие, правовая природа и процесс формирования

Despite the existence of a sufficient number of scientific papers on the issues of legal personality, it is prematurely to consider this term developed and understandable, first of all, due to the lack of a scientifically based theoretical concept of legal personality. Based on the analysis of the doctrinal and legal definition of legal personality, the author shows the identified contradictions in the generally accepted understanding of this category, the essence of which is the lack of consistency with the established legal terms – a legal subject, legal status, legal capability, and legal capacity to act. Resolving the identified contradictions, the author comes to the conclusion about the exclusively branch-specific meaning of legal personality, justifying the illogicality of using the term “general legal personality”, and within the theoretical and legal analysis of criminal procedural legal personality, shows the existing relations and dependences between legal personality and legal categories that are close in content – a legal subject and a subject of legal relations, legal status, legal capability, and legal capacity to act. Using a systematic approach in the study of criminal procedural legal personality, the author step by step reveals the process of formation of legal personality, limiting the sphere of its application to law enforcement. Based on the results of the study, the author substantiates the necessity of distinguishing between the concepts of procedural legal personality, a legal subject, legal status, and a subject of legal relations, proposes the author’s definitions of these terms. An understanding of procedural legal personality as a legal property of a specified court procedure participant arising as a result of acquiring the status of a legal subject is formulated. In understanding a criminal procedure subject, the author substantiates two aspects: regulatory and law enforcement. In the regulatory aspect, a legal subject is a generalized, abstract person vested with procedural legal capability and legal capacity to act; in the law enforcement sphere, a legal subject acts as a specified person with procedural legal personality.

Unmanned aerial vehicle as a forensic technical tool and object of forensic research

use of unmanned aerial vehicles in the detection, investigation, and prevention of criminal offences. The purpose of this study was to investigate topical issues of using UAVs in two aspects – as a technical forensic tool and as a tool and means of committing a criminal offence. The research methodology included a set of general scientific and special methods that allow assuming and concluding on the specific features of using a UAV in the detection, investigation, and prevention of criminal offences. Thus, this study was based on a diagnostic method for cognition of social and legal phenomena and concepts in their development and interdependence. Along with this, general and special research methods were used, namely comparative legal, system-structural, statistical, logical, and other modern methods of scientific cognition. The theoretical framework of this study included studies of scientists and practitioners in the field of criminal procedure and forensics. The regulatory framework of the study included the norms and provisions of current regulations and their practical implementation in the law enforcement sphere. The study examined topical issues related to the UAV as a modern technical forensic tool and object of forensic research. The paper considered certain aspects and features of the use of UAVs in the detection, investigation, and prevention of criminal offences. To this end, various aspects of the use of UAVs as modern technical forensic tools were comprehensively analysed, distinguishing theoretical foundations of application, statutory regulation, organizational, technological, and scientific-methodological support. The features of using UAVs as a tool and means of committing criminal offences were determined. The study investigated typical traces left as a result of using UAVs, features of their logging and seizure. Considering investigative situations, the sequence, and specifics of conducting an inspection and seizure of a UAV and its elements at the initial stage of the investigation were determined, as well as an indicative list of issues for their expert investigation was provided. The significance of the results and practical value of this paper is that it highlights the specific features of using a UAV as a technical forensic tool and object of forensic research, formulates scientific and methodological recommendations for the use of unmanned aerial systems in the investigation, solving, and prevention of criminal offences. The study also defines the areas for improving Ukrainian legislation to regulate legal relations in the field of criminal justice on the use of unmanned aerial systems by law enforcement agencies

ORGANIZATIONAL AND LEGAL PRINCIPLES OF ACTIVITY OF PRETRIAL INVESTIGATION BODIES

The article reveals the essence of the organizational and legal basis of the activity of pretrial investigation bodies. The scientific conclusions regarding the organizational and legal basis of the activity of pre-trial investigation bodies were analyzed. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the organizational and legal foundations of pre-trial investigation bodies were studied. It is substantiated that the organizational and legal principles of the activities of pretrial investigation bodies determine the dynamics of the implementation of the goals of these bodies through a system of actions, operations that change, develop and improve, thanks to which the goals and the tasks and functions of the pretrial investigation bodies are manifested. The organizational and legal principles of the activity of pre-trial investigation bodies are characterized by continuity, cyclicality, carried out simultaneously in different directions. The analysis of the content of the organizational side of the activity of pre-trial investigation bodies shows that the organizational and legal basis of the activity of pre-trial investigation bodies is the activity of subjects united in a certain organizational structure (pre-trial investigation bodies and their employees), which is aimed at solving practical problems and achieving the goals set before the system of pre-trial investigation bodies by implementing the necessary types of activities based on the defined principles of administration, with the use of appropriate administration methods. It is emphasized that the study of the organizational and legal foundations of the activity of pretrial investigation bodies allows to determine the optimal ways of development and modernization of the law enforcement sphere to European standards. Attention is focused on the fact that in the current military state of the state, the issues of ensuring the proper organization of the activities of pre-trial investigation bodies, the implementation of the state security policy, the creation of legal and organizational mechanisms of public-private partnership regarding the above-mentioned issue by stimulating and involving the nonstate sector in solving law enforcement problems, regulating at the legislative level all forms of public-private partnership in the law enforcement sphere. Key words: investigators of the National Police, security agencies, the State Bureau of Investigation, detectives of the Bureau of Economic Security.

PRACTICAL SIGNIFICANCE OF THE PROVISIONS OF THE LAW OF UKRAINE «ON THE ADMINISTRATIVE PROCEDURE» (CRITICAL ANALYSIS)

The article provides a critical analysis of the provisions of the Law of Ukraine «On Administrative Procedure» in view of the practical significance of its prescriptions. It has been established that the following factors can negatively affect the degree of implementation of a normative-legal act: 1) the level of general and legal culture of citizens; 2) inconsistency of legal prescriptions with the urgent and important needs of society or a certain social group; 3) lack of clear mechanisms for the implementation of norms established in them; 4) the desire of lawyers to transfer generalized theoretical concepts first to the plane of law-making, and then to the sphere of law enforcement. It has been proven that the Law of Ukraine «On Administrative Procedure» is full of theoretical generalizations that do not fully take into account the peculiarities of practice. It was found that the scope of implementation of the requirements of the Law of Ukraine «On Administrative Procedure» is significantly narrowed, which is due to the following factors: 1) the specificity of certain types of social relations, where other procedures are used (for example, court procedures in court proceedings, administrative or official procedures in the field of public services); 2) the existence of special laws that already regulate the specifics of certain procedures (for example, notarial procedures, election procedures); 3) a special regime of legal regulation of such spheres as national security, defense, and investigative activities. Attention is drawn to the fact that already today there are numerous questions regarding the provisions of the Law of Ukraine «On Administrative Procedure» regarding their application. It is emphasized that even more questions regarding the content of the normative legal act will arise after the subjects of law enforcement begin to implement its prescriptions. The following are predicted: 1) numerical changes to the Law of Ukraine «On Administrative Procedure» itself; 2) numerical changes in normative legal acts regulating certain types of administrative procedures; 3) numerous official and unofficial interpretations of the legal prescriptions of the Law; 4) numerical errors of subjects of law enforcement activity. The conclusion that the Law of Ukraine «On Administrative Procedure» ignores the variety of administrative procedures, which are significantly different in terms of purpose, subject and content of administrative case review, subject composition and types of decisions on the case, is justified. It is suggested that the generalized regulation of administrative procedures does more harm than good to the legal regulation of public service relations and relations for the provision of administrative services.

Problems of the effectiveness of international cooperation of the Customs authorities of the Russian Federation in the law enforcement sphere

The article is devoted to the analysis of current international legal problems of international cooperation of the customs authorities of the Russian Federation in the law enforcement sphere. The paper analyzes the performance indicators of the Federal Customs Service of Russia in the law enforcement sphere during 2013-2021. As can be seen from the official statistics of the customs authorities of the Russian Federation, the share of indicators achieved using various forms of legal assistance is extremely small against the background of general indicators. At the same time, the quantitative effectiveness of the use of these methods remains, and even a slight increase is observed, however, against the background of an even greater increase in overall indicators, the share of results achieved with the use of forms of legal assistance has fallen significantly. Such a situation testifies to the insufficiently effective development of international customs cooperation in the law enforcement sphere and indicates the presence of significant unresolved problems in this area. The preservation and improvement of quantitative indicators of efficiency with a huge decline in the share among the general indicators, which indicates the insufficiently effective development of international customs cooperation in the law enforcement sphere, has been revealed. As a solution to the problem, recommendations on improving strategic documents defining the legal policy of the Russian Federation in the field of customs service development are presented. Taking into account the expansion of the tasks of international cooperation in the customs sphere, it seems advisable to expand the geography of this cooperation by prioritizing interaction with the customs services of the EAEU, BRICS, SCO member states - in this case, the geography of international customs cooperation will coincide with the priority areas of international cooperation of the Russian Federation as a whole, which, with the help of the existing legal and technical base of these organizations that will quickly create suitable conditions for international cooperation of customs authorities, including in the field of law enforcement.

Positive obligations of the state in the field of law-making and law enforcement in the conditions of war and post-war reconstruction of the state

The article examines the issue of the state’s positive obligations regarding the observance, provision and protection of the rights of citizens in the extraordinary conditions of military operations and post-war reconstruction of the country. It is noted that the issue of the state’s positive obligations is closely related to human rights, the realization of which it must ensure and which it must protect. In the context of the above, a retrospective investigation is conducted regarding the emergence of such a phenomenon of legal validity as positive obligations of the state. It is argued that this phenomenon is a product of the emergence of the contractual theory of the state and natural law. Its modern development is mostly connected with the decisions of the European Court of Human Rights. The issue of the state’s positive obligations is considered in the context of military operations taking place on the territory of Ukraine. For this, the tools of civil law are used, namely: the law of obligation. n this regard, it is noted that the state is an obligated party to a person, therefore his right to life implies a corresponding obligation of the state to ensure the realization of this right, both in the sphere of rule-making and in the sphere of law enforcement. The relevant activity of competent state bodies in the pre-war period is analyzed. Corresponding shortcomings are indicated. At the same time, the activity of state bodies during military operations is characterized as positive. However, certain shortcomings of the relevant legal regulation of criminal protection of human rights to life, safety and property are pointed out. At the end, it is concluded that in today’s conditions, despite Ukraine’s withdrawal from certain obligations defined by the International Covenant on Civil and Political Rights and the Convention on the Protection of Human Rights and Fundamental Freedoms, it remains responsible for the preservation of life, health and property its citizens, ensuring their safety. In this aspect, the relevant activity of the competent state bodies of Ukraine needs to be intensified. Key words: рositive obligations of the state, law-making, law enforcement

Peculiarities of using visual means of information and analytical activity in legal and law enforcement sphere.

Peculiarities of using visual means of information and analytical activity in legal and law enforcement sphere.

Law enforcement functions in the activities of the personnel of the State Criminal and Executive Service of Ukraine

The article is dedicated to the theoretical and legal analysis and doctrinal substantiation of law enforcement functions in the activities of the personnel of the State Criminal and Executive Service (SCES) of Ukraine.
 It is noted that the effectiveness of the personnel’s activities depends on its social and legal guarantees, which make it possible: firstly, to maintain the prestige of one or another profession (service), its social weight (role and significance); secondly, to provide personnel and their family members with the constitutional right to a sufficient standard of living for themselves and their families, which includes adequate food, clothing, and housing (Art. 48 of the Basic Law of Ukraine); thirdly, to guarantee the safety of workers and their close relatives.
 The conducted analysis showed that in the conditions of executing by the SCES of Ukraine the task of implementation of the state policy in the field of execution of criminal punishments (during which one of the key criminal and executive principles is ensured – the safety of convicts and personnel), it is quite appropriate for the SCES of Ukraine to belong to the law enforcement sphere, with the exception of educational institutions, which follows from Art. 11 of the Criminal and Executive Code of Ukraine and Art. 6 of the Law of Ukraine «On the State Criminal and Executive Service of Ukraine».
 It was emphasized that the recognition of some institutions of the SCES of Ukraine as law enforcement agencies and the special types of operational and service activities of their employees require increased legal and social protection of the personnel of the SCES of Ukraine, which are guaranteed by the laws of Ukraine «On State Protection of Employees of Courts and Law Enforcement Agencies» and «On the State Criminal and Executive Service of Ukraine».
 It was concluded that the fact of recognition of bodies and institutions for the execution of punishments, remand prisons as law enforcement agencies of Ukraine does not contradict Art. 71 of the European Penitentiary Rules, since this international norm binds the penitentiary department not to law enforcement activities, but to some departments, which, according to the international public opinion, are not compatible with penitentiary practice.
 A caveat has been made that in case of exclusion a law enforcement status from the sphere of activities of the SCES of Ukraine, its personnel will lose the currently existing social and legal protection, which will put them in an increased degree of danger from the specifics of criminal and executive legal relations related to direct contact with convicts and remand prisoners.

Delimitation of the concepts of «gift» and «illegal benefit» in administrative and criminal law

The article raises issues of interpretation and application of anti-corruption terminology, in particular, the definitions of "gift" and "illegal benefit". It is noted that the correct delineation of these concepts is important not only for legal science in the application of applied research but also for rulemaking and law enforcement. It was found that courts allow different applications of Art. 172-5 of the Code of Administrative Offenses and Art. 368 of the Criminal Code and as a consequence – incorrect qualification and incorrect definition of a liability. Also, we noticed that the problems of delimitation of gifts and improper benefits are not so much a problem of legislation as to the distorted practice of its application.
 Considering doctrinal developments and normative provisions of anti-corruption legislation, the author's approach to determining the differences between the studied terms is proposed. The principle position is substantiated, according to which, when delimitation of illegal benefit and a gift, violation of restrictions on receiving which constitutes an administrative offense, first of all, it should be borne in mind that illegal benefit is always provided for what act using the powers, authority or official position given to him. A gift is received by such a person not for committing or not committing an act with the use of the powers or powers granted to him, but for free, free of charge. Given that the dilemma of the gift and illegal benefit becomes acute in the law enforcement sphere, the authors propose to eliminate it by determining the relevant law enforcement guidelines by the Supreme Court.

Social management technologies in the development of digital interaction between penal enforcement agencies and the police for the prevention of offenses by persons sentenced to criminal penalties without isolation from society

In the article, as part of the improvement of social technologies in law enforcement, the mechanism of digital interaction between the penal enforcement system (hereinafter, the UIS) and the internal affairs bodies (hereinafter, the ATS) in the conditions of a modern network society and the expected transition of the domestic economy to its digital model is described. The purpose of the article is to study the organizational, managerial and technological capabilities between the services and divisions of the UIS and the Department of Internal Affairs for the detection, prevention and suppression of offenses by those sentenced to criminal penalties without isolation from society, the establishment of official and functional powers of employees of the criminal executive inspections of the UIS and the police of the Department of Internal Affairs. The objectives of the work are to determine the role of interaction between the services and divisions of the UIS and the ATS, to eliminate functional contradictions in order to improve supervision and control over registered persons and the organization of digital management to ensure security and law and order in the municipal and regional territory they serve. The article is prepared on the basis of an analysis of the norms of law, departmental normative legal acts, law enforcement and law enforcement practice of law enforcement agencies based on the provisions of the theory of social management, cybernetics, information analysis, digital information, the latest achievements in the field of interdisciplinary scientific research. The study uses general scientific and special legal means and methods of cognition that ensure the complexity of the organizational and legal study of the system of joint law enforcement activities. The novelty of the work is predetermined by the hypothesis about the network structure of society adopted as a basis. The relevance of the work is due to the course proposed by the President of Russia to build a digital economic system – as an urgent need to maintain the competitiveness of the domestic economy among the major economies of the global world order. In this regard, the developed mechanism of digital interaction of the studied bodies is an integral part of the digital economy, which in turn determines the mechanism for improving social technologies of public administration in the law enforcement sphere.

Strengthening of Administrative Responsibility for Offenses Committed in the Presence of Persons under the Age of Sixteen

The object of the study is social relations arising in the field of protection of the rights and legitimate interests of children in the implementation of law enforcement activities by the police. The subject of the study is the impact of the most common administrative offenses committed in public places on the consciousness and behavior of persons under the age of sixteen. The author, through the use of dialectical-legal, social, psychological and pedagogical methods, analyzes the relationship of a set of factors with the consciousness and behavior of children, the formation of deviant behavior in them. The author's main thesis is that children should be protected wherever and with whomever they find themselves, including in the law enforcement sphere, where the police exercise their powers. The author's main conclusions based on the results of the study is that despite the obvious negative consequences for children of committing illegal actions in their presence, the issues of prevention of this phenomenon have not received due attention from specialists and require close attention today. Attention is drawn to the special role of parents in solving the problems of education, on the one hand, and the negative influence of adults who are not related to adolescents and commit administrative offenses, on the other hand. A proposal is being made to tighten administrative responsibility for persons who have committed administrative offenses (petty hooliganism “Article 20.1 of the Administrative Code of the Russian Federation”, consumption (drinking) of alcoholic beverages in prohibited places or consumption of narcotic drugs or psychotropic substances, new potentially dangerous psychoactive substances or intoxicating substances in public places “Article 20.20 of the Administrative Code of the Russian Federation”) in the presence of persons, under the age of sixteen. The results of the study can be used to study the influence of adults on the formation of the legal culture of minors in the field of road safety.

International treaties on legal assistance in law enforcement activities of the Customs authorities of the Russian Federation

The most important task of the customs authorities of the Russian Federation is to protect national security, prevent, detect and suppress crimes and administrative offenses, cooperate with customs and other competent authorities of foreign states, international organizations dealing with customs issues. One of the means of solving this problem is international treaties on mutual assistance in customs matters. The article considers the state of international legal regulation of law enforcement activities of the customs authorities of the Russian Federation by international treaties on legal assistance. Using formal legal and comparative legal methods, the relevant international treaties in which the Russian Federation participates are analyzed. В В The forms of legal assistance used in international cooperation in law enforcement activities of the Federal Customs Service are highlighted. The system of legal aid treaties under study is heterogeneous in its structure and does not cover relations with all States with which this cooperation may be necessary. As a solution to the problem, the systematization of international acts regulating issues of international cooperation of customs authorities in the law enforcement sphere is presented and proposals are presented to the legislator: to conclude agreements with those states with which an agreement on mutual legal assistance in criminal and administrative matters has already been concluded, but no agreement on mutual assistance in customs matters has been concluded.

Appeals to God in the documents of the law enforcement system of Russia (from ancient times to 1917)

Documents of the domestic law enforcement system from the time of Kievan Rus to 1917 are considered for turning to God – the source of immutable moral values from the standpoint of the Orthodox religious tradition. The study of this topic is of particular importance for understanding Russian history, taking into account the factor that Orthodoxy occupied in the life of the state and the individual. It is noted that the origins of the Russian law enforcement sphere coincide with the emergence of Christianity and statehood in Russia. On the basis of the anthology, published on the occasion of the 300th anniversary of the Russian police, and through the study of documents from the 10th to the 19th centuries, the nature of such appeals is investigated, and their comparative analysis is carried out. Three periods are distinguished: the first – from the first treaty between Russia and the Greeks until the introduction of the post of St. Petersburg General Police Chief; the second – from the introduction of the post of St. Petersburg General Police Chief to the establishment of the Ministry of Internal Affairs; the third is from the establishment of the Ministry of Internal Affairs to the disbandment of the Gendarme Corps in 1917. The documents of each of the periods analyze the forms and context of appeals to God, which made it possible to identify the trend of changes taking place in society in relation to the highest value for the Orthodox faith – the Triune God. The conclusion is made about the period of preservation of the traditional for the Orthodox faith concepts of God in the documents of the law enforcement system of Russia, as well as the time of the beginning of the loss of such concepts. A hypothesis has been put forward about the possibility of reviving the highest traditional religious values in Russia at the present stage.

Правовой статус сотрудника органов внутренних дел Монголии

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

Джерела адміністративно-правового забезпечення державної політики у сфері правоохоронної діяльності

A new vision to the concept of “state policy in the law-enforcement sphere” is proposed in the article. The sources of legal supporting of state law-enforcement policy are analyzed. It was concluded that there was no single program for the development of law-enforcement infrastructure for all the entities involved in law-enforcement implementation. The peculiarities of the state policy in the law-enforcement sphere from the methodological point of view are distinguished in the article. It covers the range of social and legal relations that arise, change and cease in the field of law and order, prevention, counteraction, cessation of offenses and work of law-enforcement authorities; state’s law-enforcement function is implemented through public policy; must be fixed in a single normative document of national importance (Strategy, Concept, Program, etc.); the provisions of the program are covered by a certain period of time; the purpose of public policy is to form an action program in future; law-enforcement authorities are entities that form and implement state policy in the law-enforcement sphere, while the entities involved in the implementation of state policy in the law-enforcement sphere are other bodies of state power and local government, civil society. The lack of a unified state policy in the law-enforcement sphere in Ukraine is evidenced by the following factors: the emergence of new law-enforcement authorities without pre-planned, expected decisions that should be the result of the state’s strategic course; the unclear meaning of the term “law-enforcement” and the imperfect meaning of the term “law-enforcement authorities” in the current legis lationare one of the legal determinants of dishar mony in the vortexof state law-enforcementpolicy; lack of a single central body of state power on law-enforcement (as a center of political responsibility in the law-enforcement sphere); lack of a single normatively established document with a step-by-step plan of measures for the implementation and realization of the principles of state law-enforcement. Key words: law-enforcement authorities, state policy, law-enforcement activities, legal support, strategy, concept, program.

Эмоциональное выгорание сотрудников полиции: феноменология и профилактика

Currently, police work is considered a stressful professional occupation that requires police officers to be able to cope with danger, uncertainty and unpredictability, which, together with other factors, determines the development of emotional burnout syndrome in police officers. The article presents a phenomenological analysis of the scientific positions of domestic and foreign authors, which allowed us to establish the characteristic manifestations of emotional burnout and establish the consistency of views on this phenomenon within the framework of three main directions: individual psychological, socio-psychological and organizational-psychological. The purpose of the study was to update and bring together views on a significant problem, the solution of which provides the subject of the law enforcement sphere with the preservation of working capacity, well-being, and psychological health. As a result of the conducted research, groups of factors of personal, organizational, role and motivational genesis that affect the development of emotional burnout are established. The features of emotional burnout of police officers are revealed, which are manifested in the reduction of the performance of official duties due to irrational or reduced emotional expression, a sense of dissatisfaction with oneself, personal alienation, depression, emotional lability, irritability, neuroticism with a tendency to spontaneous and reactive aggression. The protective and coping behavior of police officers is associated with the predominance of non-constructive coping of the antisocial, passive and manipulative type, as well as the priority use of the "regression"mechanism of psychological protection. On the basis of the conducted research, the directions of psychological prevention of emotional burnout of police officers are determined

Problems of realization of the civil status of an individual entrepreneur in the Russian Federation

In this article, the authors examined in more detail the elements and identified the specifics of the civil legal personality of an individual entrepreneur; analyzed their statutory rights and obligations, which were systematized into two large groups: civil-economic and civil-legal, and also formulated proposals and justified the necessary changes in the current domestic legislation in the field of implementing the civil-legal status of an individual entrepreneur. The identified problems and the proposed system of scientific views significantly expand the previously obtained theoretical teachings on the legal status of an entrepreneur, taking into account modern politics and trends in the development of the Russian Federation. The results of this research can be applied in the law-making and law enforcement sphere, as well as be of interest for scientific and teaching activities. In the course of this research, the norms of Russian legislation, materials of judicial practice were studied, as well as doctrinal sources on the topic of the work were analyzed.

Administrative Restraint Measures Applied by Employees of the Penal System of the Russian Federation in Connection with the Commission of an Administrative Offense

Introduction: the article considers the theory and practice of applying administrative restraint measures implemented by employees of the penal system of the Russian Federation in case of the commission of an administrative offense. We substantiate an idea concerning the impact of the effectiveness of the use of administrative coercion measures by employees of the penal system not only on the overall level of penitentiary security, but also on state security in general. Aim: to reveal the specifics of application of administrative restraint measures in the penal system, taking into account the specifics of the law enforcement sphere. Methods: our research is based on the dialectical method of scientific cognition. The article uses general scientific (analysis, synthesis, induction, etc.), specific scientific and special methods of cognition (comparative legal, formal legal, statistical). Results: we reveal the essence of application of administrative restraint measures in the penal system; we study the practice of implementing the norms concerning the use of administrative restraint measures by employees of the penal system; we reveal the features of their application, taking into account the specifics of the sphere of law enforcement sphere, such as focusing on ensuring penitentiary security, preventing administrative offenses and crimes, application on the territory of penitentiary institutions in most cases, etc. We find out that the legal basis for the application of administrative restraint measures in the penal system of the Russian Federation needs to be improved. Conclusions: in order to increase the effectiveness of the practice of implementing administrative enforcement measures in the penal system, we formulate proposals to improve the norms of the current legislation: namely, Section V of the Law of the Russian Federation of July 21, 993 no. 5473-1 should contain definitions of the terms “use of physical force”, “use of special means”; the terms such as application and use of firearms should be distinguished; the wording “provision of medical first aid” should be replaced with “immediate provision of premedical aid to victims”. We also present arguments in favor of the expediency of supplementing Federal Law 197-FZ of July 19, 2018 “About the service in the Penal System of the Russian Federation...” with a provision that assigns to the employees of the penal system the duty to comply with the norms of criminal legislation (on necessary defense, extreme necessity and other circumstances excluding the criminality of the act) in cases of the implementation of administrative restraint measures.

BACKGROUND PROVISIONS OF THE STATE DEPARTMENT OF THE LAW ENFORCEMENT SYSTEM

Study of the initial provisions of public administration in the field of law enforcement reform, we have limited their composition and establishment of features. It is established that the object of public administration in the field of law enforcement reform should be understood as public relations to which the tools of law enforcement are used, the actual methods of law enforcement, and the activities of entities implementing law enforcement. In turn, the subjects will be the central executive bodies that implement state policy in the field of law enforcement, local governments, and law enforcement agencies. The tasks of public administration of the law enforcement system include: establishing a system of communication between law enforcement agencies to perform the tasks assigned to them by law; formation of financial support for the activities of law enforcement agencies; development and implementation of law enforcement reforms; formation of resource support for the implementation of reforms and the functioning of law enforcement agencies; formation of information support for the implementation of reforms in the law enforcement sphere; organization of training and retraining of law enforcement personnel; organization of information and communication system of interaction of law enforcement agencies with international police organizations. The implementation of these tasks will ensure the adoption of highly effective public administration decisions on the development and implementation of reforms in the law enforcement sphere, which should ensure the effectiveness of the law enforcement system. The selection of the following principles of the law enforcement system, the observance of which should be aimed at public administration decisions: legality; justice; equality; professionalism; competence; political ness; continuity; independence. Keywords: public administration, law enforcement, law enforcement reform, highly effective public administration decisions, legality, justice, equality, professionalism, competence, policy, continuity, independence.

Особенности статистического моделирования и прогнозирования преступности: теоретический аспект

The purpose of the work is to provide a theoretical analysis of modern methods of modeling and forecasting the state of crime, which can be used in the system of public administration of the law enforcement sphere. In the course of the research, the peculiarities of using various tools and models for predicting the state of crime are revealed. A significant part of the research of scientists is directed towards the use of spatial and spatiotemporal models, as well as methods of artificial intelligence. The high quality of monthly forecasts is noted. Various economic, social, geographical, temporal and other groups of factors that influence the state of crime are identified. It is established that the quality of the developed crime forecasts depends on the choice of the optimal method and period of forecasting, on the completeness of the information base, including social, economic, legal and other characteristics of the phenomena and processes of public life that affect the criminal situation. It is noted that the practical use of artificial intelligence and econometric analysis methods in predicting the state of crime is becoming particularly relevant at the present time.