On the activities of the internal affairs bodies for the prevention of crimes. Activities of the Internal Affairs Directorate for the prevention of crimes committed by organized criminal groups with the participation of minors Goals of crime prevention by the internal affairs bodies
Introduction
Conclusion
Introduction
Summing up the results of the work of the internal affairs bodies in 2012 at an expanded meeting of the Collegium of the Ministry of Internal Affairs of Russia, Minister R.G. Nurgaliev also stated that every second grave and especially grave crime, including murder and robbery, remains unsolved in Russia.
It seems that no one doubts that the statistics that the President and the head of the now police department spoke about is related to such a concept as "crime detection."
However, despite the fact that in the legislation regulating the activities of criminal justice bodies, as well as in the legal literature and practice of law enforcement, the term "crime detection" has been used for a long time and quite often, there is no official explanation of this concept and its content in legal acts ... Scientists, speaking about "crime disclosure," either do not define it either, or their opinions on this matter are not unambiguous.
The history of the fight against crime testifies that the problem of solving the committed crimes was and remains one of the most difficult. Remaining unsolved, crimes create conditions for the commission of new, sometimes more dangerous acts. The disclosure of crimes is one of the tasks of law enforcement agencies, in particular the internal affairs bodies, and the most important duty of the authorized units.
Full disclosure of crimes is also one of the ways to prevent them. In this regard, the importance of a quick and complete disclosure of a crime can hardly be overestimated. In practice, the effectiveness of solving crimes continues to be low.
The object of the work is the social relations that are developing regarding the prevention and disclosure of crimes.
The subject of the work is the norms of the Russian legislation on the bases of the activities of the Internal Affairs Directorate for the prevention and disclosure of crimes.
The purpose of the work is to consider the legal basis for the activities of the Department of Internal Affairs for the prevention and disclosure of crimes
To achieve the goal, it is necessary to solve the following tasks:
Investigate the levels of legal regulation of public relations in the ORD
Analyze the system of regulatory and legal sources that constitute the legal basis of operational-search activities
Show the practical application of the concept of crime detection and prevention
To study the problems of the concept and content of crime detection
Structurally, the work consists of an introduction, two chapters, a conclusion and a list of used literature.
Chapter 1. Legal sources of prevention and disclosure of crimes
1.1 Levels of legal regulation of public relations in the police department
There are levels of legal regulation depending on the plane (cut, aspect) of the problem under consideration. For the activities of the Department of Internal Affairs for the prevention and disclosure of crimes, or operational - investigative activities (hereinafter ORD), it is important to consider the levels of legal regulation in the plane reflecting the legal force of the act. In this plane, there are three levels of legal regulation:
.Basic (constitutional) level. Legal regulation here is carried out at the level of the Constitution of the Russian Federation and federal constitutional laws. 2.Intermediate (developing) level. At this level, legal regulation affects social relations that are subject to modeling only in laws (a variant is a reference to additional regulatory legal acts). Typically, at the middle level, laws and codes are developed. The two named levels of legal regulation of public relations in the ORD form a single system of its legislative regulation. Legislative regulation of ORD in Russia is a state-power regulatory and organizing influence on operational-search relations in a specific form of socially useful legal activity, carried out at the basic (constitutional) and middle (developmental) levels of legal regulation. disclosure crime warning wanted 3.Detailing level. It is characterized by the adoption of subordinate normative legal acts. Among them are distinguished: · normative acts of legislative and executive power; · interdepartmental character; · of a purely departmental nature. Thus, the legal regulation of the OSA is the normative and authoritative influence of the Russian state on the emerging, lasting and terminating in this activity and in connection with it social relations in order to streamline them. Accordingly, depending on the strength of the legal act, there are three levels of legal regulation of the OSA. Basic (constitutional) level. Intermediate (developing) level. Detailing level. The limits of legal regulation of public relations in the ORD are the boundaries of state-power interference in public relations, conditioned by objective and subjective factors, arising in connection with the presence of a sufficient degree of probability of committing a crime or with its commission and its public or conspiratorial warning, detection and suppression through the use of special forces, means and methods, as well as the commission of operational-search actions according to the rules of the norms of criminal-search and some other branches of Russian law. 1.2 The system of regulatory and legal sources that constitute the legal basis of operational-search activities
The legal basis of operational-search activity should be understood as a set of legislative and other normative acts regulating relations arising in the field of this activity. According to Article 4 of the Law on OSA ("The Legal Basis for Operational-Investigative Activities"), such a basis is the Constitution of the Russian Federation, the Federal Law on the OSA, other federal laws and other regulatory legal acts of federal government bodies adopted in accordance with them. Bodies carrying out operational-search activities, within the limits of their powers in accordance with the legislation of Russia, regulations governing the organization and tactics of conducting operational-search activities. The basic, fundamental source of legal regulation of the ORD is the Constitution of the Russian Federation. The adopted laws and other legal acts must not contradict the Constitution of the Russian Federation. The constitutional provisions on the direct effect of its norms are directly related to the implementation of the OSA. So, in Chapter 2, Articles 17 - 63 of the Constitution of the Russian Federation, the fundamental rights and freedoms of a person and a citizen are determined, which constitute the basis of the legal status of an individual in Russia. A number of provisions of the Constitution directly regulate the conditions for conducting operational-search measures that restrict the constitutional rights of citizens. In particular, part 2 of article 23 and article 25 prescribe that it is mandatory to obtain a court decision if it is necessary to restrict the right of citizens to privacy of correspondence, telephone conversations, postal, telegraph and other messages, as well as to the inviolability of the home. These norms are specified in part 2 of article 8 of the Law on OSA. The "core" of the legal basis of the OSA is formed by the norms of the Federal Law on the OSA itself. This is a current comprehensive normative legal act of supreme legal force. It regulates public relations in the field of ORD, as well as in the field of some other types of activities of law enforcement agencies and special services of Russia, which are interconnected with operational-search (in particular, criminal-procedural, criminal-executive, intelligence and counterintelligence) activities, and also determines not only the content of operational-search activities, but also consolidates the system of guarantees of legality in the conduct of operational-search activities. Other federal laws that form the legal basis of the OSA include a significant number of legislative acts, which can be divided into three main groups: establishing the basic provisions for the implementation of the OSA; regulating the activities of individual subjects of the OSA; regulating relations arising when solving particular problems of the ORD. The Criminal Code of the Russian Federation should be referred to the legislative acts establishing the basic provisions for the implementation of the OSA. It is he who determines the material signs of crimes, the identification, prevention and disclosure of which the operational-search activity is aimed at. Establishing the presence of these signs is, according to Article 7 of the Law on OSA, the basis for conducting operational-search measures, and in their absence, an OSA cannot be carried out. The criminal law contains a number of legal institutions and norms that are important for the implementation of the OSA. So, article 15 of the Criminal Code of the Russian Federation defines the concept of a serious crime, the signs of which, according to article 8 of the Law on ORD, are one of the main conditions for carrying out some ORM. Criminal legal institutions of extreme necessity (Article 39 of the Criminal Code) and justified risk (Article 41 of the Criminal Code) are used in conducting such operational-search activities as test purchase, operational experiment, operational implementation and controlled delivery. The establishment of a number of criminal law prohibitions (Articles 137-139, 283, 286, 293, 330 of the Criminal Code, etc.) is one of the guarantees of observance of the legality and rights of citizens in the implementation of operational-search measures. The criminal procedure legislation imposes on the bodies of inquiry the obligation to take the necessary operational-search measures in order to detect crimes and the persons who committed them (part 1 of article 118 of the Criminal Procedure Code). Thus, the legitimacy of the ORD is established in order to solve the problems of combating crime. The Criminal Procedure Law determines the procedure for interaction between an investigator and an operative in the disclosure and investigation of crimes (Articles 119, 127 of the Criminal Procedure Code); establishes a list of crimes for which a preliminary investigation is mandatory, which, according to Article 8 of the Law on OSA, is a prerequisite for the implementation of ORM that restrict the constitutional rights of citizens. Determining the circumstances to be proved in a criminal case (Article 68 of the CCP), the types of evidence (Article 69 of the CCP) and methods of collecting them (Article 70 of the CCP), the criminal procedure law serves as the basis for determining the methods of obtaining operational-search information and procedures its use in criminal proceedings. Legislative acts regulating the activities of individual OSA entities play a significant role in the legal regulation of OSA, since they lay the foundations for delineating the powers of operational units, define their tasks, and establish rights and obligations. This group includes the following laws: ) Federal Law of 07.02.2011 N 3-ФЗ "On the Police" - it is indicated that the police have the right to carry out operational-search activities; ) Federal Law of February 6, 1997 "On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation"; ) The Law of the Russian Federation of July 21, 1993 "On institutions and bodies executing criminal punishments in the form of imprisonment", according to which institutions executing punishment are given the right to carry out an OSA (paragraph 2 of article 14); ) Federal Law of 03 April 1995 "On the Bodies of the Federal Security Service in the Russian Federation" (Article 10 and others); Legislative acts regulating the relations arising in the solution of private tasks of the ORD include: the Customs Code of the Customs Union, the Criminal Executive Code of the Russian Federation, the Law of the Russian Federation of March 11, 1992 "On private detective and security activities in the Russian Federation", the Law of the Russian Federation of April 01, 1993 "On the State Border of the Russian Federation" (as amended on November 29, 1996), Federal Law of July 15, 1995 "On the detention of suspects and accused of committing crimes." The Law on the State Border determines that the bodies and troops of the Federal Border Service of Russia guard the State Border on land, sea, rivers, lakes and other bodies of water, at checkpoints across the State Border, and also carry out passage through the State Border. For this purpose, they conduct an independent reconnaissance patrol (Article 30). Other normative legal acts of federal bodies of state power that constitute the legal basis of the OSA include: acts of the President of the Russian Federation; resolutions of the Government of the Russian Federation; acts of the Constitutional Court and the Plenum of the Supreme Court of the Russian Federation, containing clarifications and interpretation of the norms of operational-search legislation. The first group of other normative legal acts regulating certain issues in the field of operational intelligence includes the following Decrees of the President of the Russian Federation: "On streamlining the organization and conduct of operational-search measures using technical means" dated July 12, 1995; "On approval of the list of confidential information" dated March 6, 1997 and some others. The second group of other normative legal acts includes the following decrees of the Government of the Russian Federation: "On the approval of the Rules for classifying information constituting a state secret to various degrees of secrecy" dated September 4, 1995; "On Approval of the Regulations on the National Central Bureau of Interpol" dated October 14, 1996 No. The third group of other regulatory legal acts includes the following: Resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues related to the application of Articles 23 and 25 of the Constitution of the Russian Federation" dated December 24, 1993; The listed normative legal acts are the main ones in the regulation of OSA. However, they do not exhaust the sources of legal regulation of this type of state activity. Part 2 of article 4 of the Law on OSA, secures for the bodies carrying out the OSA, the right to issue, within their powers, normative acts regulating the organization and tactics of conducting operational-search activities. Some issues related to the implementation of the OSA are regulated in normative acts of an unclassified nature. These include, for example, the following: Instruction on the procedure for presenting the results of operational-search activities to the inquiry body, investigator, prosecutor or court was approved by a joint order of the Federal Tax Police Service, the Federal Security Service, the Ministry of Internal Affairs, the Federal Security Service, the Federal Border Service, the State Customs Committee and the Foreign Intelligence Service of the Russian Federation from May 13, 1998 (the concept was formulated and the main types of documents reflecting the results of the OSA were listed, the requirements for them, a unified procedure for submitting the results of the OSA was fixed, as well as a mechanism for protecting information about the bodies carrying out the OSA and ensuring the safety of its participants); Instructions for organizing the interaction of subdivisions and services of internal affairs bodies in the investigation and disclosure of crimes were approved by order of the Ministry of Internal Affairs of Russia dated June 20, 1996 No. 334 (the procedure for interaction of investigators with operational apparatuses is regulated in the implementation of materials obtained as a result of operational-search activities, as well as organization of the work of investigative and operational groups); The legal basis of the OSA in article 4 of the Law on the OSA does not include international legal acts on the fight against crime, although the Constitution of the Russian Federation (part 4 of article 15) considers the norms of international law and international treaties of the Russian Federation as an integral part of its legal system. However, the analysis of the content of this Law allows us to conclude that international legal acts are independent sources of legal regulation of OSA. In particular, clause 6 of part 1 of article 7 of the Law on ORD considers requests from international law enforcement organizations as an independent basis for conducting ORM, and clause 3 of article 14 stipulates among the responsibilities of operational services the need to fulfill requests from law enforcement agencies of foreign states. Among the international legal acts regulating the most important relations in the field of OSA, one should include: The Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, which, in Article 12, proclaimed the right of any person to protection from arbitrary interference with his private life and from arbitrary encroachment on the inviolability of his home and the privacy of his correspondence; The International Covenant on Civil and Political Rights, adopted by the UN General Assembly on December 19, 1966, which established the right of any person to protection not only from arbitrary, but also unlawful interference in his private life (Article 17); The European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe on November 4, 1950, prohibiting interference by public authorities with the exercise of citizens' right to privacy, except in cases where this is provided for by law and is necessary in the interests of national security and the prevention of crime ( Article 8); some other international legal acts signed or ratified by the Russian Federation. The source of legal regulation of the OSA are also international legal acts adopted by the CIS member states, among which the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed in Minsk on January 22, 1993 and ratified by the Federal the law of August 4, 1994. According to Article 6 of this document, the parties undertook to provide each other with legal assistance by performing procedural and other actions provided for by law, where other actions mean operational-search measures. The Convention regulated the content and form of orders for the provision of legal assistance, the procedure for their execution, the rules for issuing items that may have the value of evidence in criminal cases, and a number of other issues related to the conduct of operational-search measures. A separate group of international legal acts is made up of agreements on cooperation between law enforcement agencies of the CIS member states, among which the following should be indicated: The agreement on interaction of the ministries of internal affairs of independent states in the field of combating crime, signed in Alma-Ata on April 24, 1992.The parties agreed to fulfill requests and requests in criminal cases and cases of operational registration, to exchange operational-search information on impending or committed crimes , assist in conducting ORM and procedural actions; The Agreement on Cooperation of the Ministries of Internal Affairs in the Field of Combating Organized Crime, signed in Ashgabat on February 17, 1994; An agreement on cooperation in the field of special support for operational-search activities, signed at a meeting of the Council of Ministers of Internal Affairs of the CIS member states on December 16-18, 1998 in Moscow, which regulates the procedure for fulfilling requests for surveillance of persons reasonably suspected of committing crimes when they cross the internal borders of the CIS; some other multilateral and bilateral international agreements and treaties in the field of combating crime. Thus, the legal basis of operational-search activity should be understood as a set of legislative and other normative acts regulating relations arising in the field of this activity. According to the Law on OSA, such a basis is formed by the Constitution of the Russian Federation, the Federal Law on OSA, other federal laws and other normative legal acts of federal bodies of state power adopted in accordance with them. The bodies carrying out the investigative investigation, within the limits of their powers, in accordance with the legislation of Russia, shall issue normative acts governing the organization and tactics of conducting operational-search measures. In other words, the legal system of operational-search activity is two-level: some of its constituent sources relate to laws, and the other to bylaws. Chapter 2. Legal problems of the activities of the Department of Internal Affairs for the prevention and disclosure of crimes
2.1 Practical application of the concept of crime detection and prevention
Crime detection needs to be considered in two aspects. .Crime detection is a forensic activity, the subjects of which are equally operational workers, and interrogators, and investigators, and prosecutors, and judges. 2.Disclosure of a crime, as a result of forensic activity, when a citizen who actually committed a crime is brought to criminal responsibility. However, practice shows that officials of law enforcement agencies, solving the tasks assigned to them, often create only the appearance of a violent activity aimed at solving crimes. At the same time, they "forget" that criminal proceedings have as their purpose not only the protection of the rights and legitimate interests of persons and organizations who have suffered from a crime, but also the protection of an individual from unlawful and unfounded accusations, convictions, and restriction of their rights and freedoms. Example 1. In one of the courts in Tyumen, a criminal case was considered on charges of the citizen A. in the sale of narcotic drugs. Acting as a defender of this citizen, we drew attention to some of the details contained in the operational documents, which, after the test purchase in the form of the results of the ORD, were transferred to the investigator and attached to the case. It turned out that in the case there is an act of transferring funds to the buyer of the drug, which was acting on behalf of the operational officers. It stated that 1,400 rubles had been transferred to the buyer for the purchase of two single doses of heroin. At the same time, in another document, the act of voluntary dispensing of narcotic drugs, it was stated that the buyer, after completing a transaction with the seller, voluntarily gave out only 1 dose to the operational staff. To our question, posed to the said witness, where did he take the second purchased dose, he replied that he “used it intravenously while walking from the seller to the place where the waiting operatives were. employees for providing them with the service of exposing the drug dealer. The operative commissioner, who was the organizer of the test purchase, interrogated in the same court, confirmed that he had indeed allowed the second purchased heroin dose to be used by the buyer for his own needs. When asked by the defendant's lawyer about who authorized him in this way to dispose of budget funds allocated for operational-search activities, the witness indignantly replied that one of the authors of this article “does not know how difficult it is to solve such grave crimes as drug trafficking, but if I knew, I would not ask such questions. " Apparently, the operational commissioner was really sure that he was right, and did not even think that he himself had committed a crime in the above case. We drew the court's attention not only to this "error" in the work of operational officers, the results of which formed the basis of the accusation. However, the court did not attach any importance to this. The "buyer" questioned as a witness explained that when using the heroin purchased during the test purchase intravenously, he used a syringe that he had with him in advance. At the same time, from the act of examination of this witness, which was drawn up by operational officers before sending him to the seller, it was indicated that he had nothing on him. Then who to believe - the buyer or the operational staff? In addition, even having a syringe with you, it is impossible to use the dry fraction of the mixture containing heroin. However, the court also ignored these contradictions between the available evidence in the case. In the same case, the criminal prosecution against the "buyer" was terminated on the grounds stipulated by Note 1 to Article 228 of the Criminal Code of the Russian Federation, despite, as noted above, he did not voluntarily surrender the drug he had purchased. Since everything that was said was recorded in the minutes of the court session, and the judge did not want to resolve the contradictions in the evidence for one reason known to him, we sent a complaint to the appropriate prosecutor's office. The complaint asked for an assessment of the actions of the operational staff during the test purchase. However, the prosecutor replied that "the operational officers acted within the framework of the Federal Law" On Operational Investigative Activities. " Thus, both the court and the prosecutor's office simply turned a blind eye to the obvious violation of the current legislation by the employees of the inquiry body. Example 2. A little later than the case described above, one of the authors of this article had to defend another citizen who was accused of possessing heroin on an especially large scale. The essence of the matter is as follows. Employees of the Organized Crime Directorate of the Central Internal Affairs Directorate for the Tyumen Region detained citizen L. in connection with the fact that, in their opinion, he was involved in one of the crimes that had a wide public response. During the "operational conversation", despite the use of physical and psychological measures of influence, of course, illegal, it was not possible for the operational officers to obtain the necessary information from L. Then they decided to carry out an operational combination, which pursued the ultimate goal of placing L. in custody for the possibility of his further operational development in the conditions of a pre-trial detention center. L. was brought to the building of the Main Investigation Department at ul. Malygin in Tyumen, where he was interrogated as a witness by the investigator. After that, he was allowed to leave the building of the Main Investigation Department. having gone out into the street, he did not have time to take a few steps when four young men in civilian clothes attacked him, threw him to the ground, handcuffed him, while not forgetting to check his pockets. After this check, a polyethylene package containing 6 grams of heroin was found in L. during his examination in the investigator's office in one of the police departments of Tyumen. In the criminal case initiated on this fact against L., there appeared a report that two police officers in the course of operational-search activities near the Goodwin shopping center. All assurances of L. that he had nowhere to take drugs, because on that day he was searched twice by police officers - the first time at the Organized Crime Control Department, the second time at the State Investigative Department. At the same time, he was detained almost on the porch of the building of the Main Investigation Department, from where he left after interrogation. At the same time, L. was sure that the heroin had been shoved into his pocket by the police officers during his arrest. In the course of the investigation, L.'s testimony was checked twice using a polygraph by various specialists. The results showed that L. was telling the truth. Taking into account other evidence subsequently presented to the investigator by the defense, all attempts to bring this case to court have failed. Five times the prosecutor's office, where the bill of indictment was sent for approval, returned the criminal case for additional investigation. The case ended with the fact that it and the criminal prosecution against L. were terminated almost a year later due to the absence of corpus delicti in L.'s act. The question of where the heroin in L.'s pocket came from was never resolved, since this time both the investigator and the prosecutor simply turned a blind eye to the illegal actions of the operational officers, i.e. to falsify the results of operational-search activities, which during the investigation were used as evidence of L. Example 3. It is not a secret for anyone that the fight against corruption has intensified in the country. One of the methods of this struggle is the disclosure of corruption-related crimes. How are such crimes solved? In 2009, the SU at the Department of Internal Affairs of Tyumen opened a criminal case under Art. 204 of the Criminal Code of the Russian Federation (commercial bribery) in relation to the bankruptcy manager N. In the course of the investigation, the criminal case and criminal prosecution against N., who is a suspect in the case, was terminated due to the absence of corpus delicti 6 times in her act. Each time, in connection with the disagreement of the prosecutor, the proceedings against him were resumed. And each time, the basis for canceling the decisions to dismiss the case was the incompleteness of the investigation. At the same time, the instructions to the investigator given to him by the head of the investigative body are about the same: to re-interrogate witness Petrov, re-interrogate witness Ivanov, etc. Appealing against the decision to reopen the investigation in the case in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation, the defender of the suspect in his complaints drew the court's attention to the fact that, according to the Decision of the Constitutional Court of the Russian Federation of December 27, 2002 No. 300-O, multiple resumption on the same grounds is unacceptable (in particular, due to the incompleteness of the investigation) of the discontinued criminal case. This legal position has been repeatedly confirmed by the Constitutional Court of the Russian Federation (ruling dated March 25, 2004, No. 157-O, ruling No. 328-O dated July 5, 2005, and ruling No. 358-O dated June 24, 2008). However, the court of general jurisdiction ignored the decision of the Constitutional Court. In addition, the investigator never notified either the suspect or her lawyer about a single decision taken in the case, as required by the procedural law. The court, in its decision to refuse to satisfy the complaint of the defense lawyer in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation, defended the preliminary investigation body, noting that the investigator could not notify the interested parties about the decisions in the case, since the case itself was being examined by prosecutors at various levels. The work on this case also revealed gaps in the current legislation. It turns out that in spite of the fact that according to the Criminal Procedure Code of the Russian Federation the suspect, the accused, their defenders, as well as the victims have the right to appeal against almost any decisions and actions (inaction) of the investigator, the law does not contain a rule that allows these persons to at least familiarize themselves with the decisions on the resumption of proceedings on business. But how can you appeal against such a decision without knowing the grounds for resuming production? There are many more similar examples. However, all of them will lead us to the same conclusions: it is necessary not only to improve the criminal and criminal procedural legislation, but also to resolve the issue of the most severe strengthening of supervision and control over the operational search and criminal procedural activities of persons whose task is to solve crimes. on the part of the prosecutor's office and courts. Otherwise, there can be no question of increasing the level of citizens' confidence in law enforcement agencies and courts in the near future. 2.2 Problems of the concept and content of crime detection
At the same time, when analyzing the views on the concept and content of crime detection among scientists and practitioners, it is necessary to take into account the following. As you know, the preliminary investigation does not end with the presentation of charges, it continues to verify the correctness of the charges, to obtain new evidence, including the testimony of the accused himself. During the investigation, the accusation may not be confirmed. Then the investigator will be obliged to stop criminal prosecution against the accused. In this case, the crime will remain unsolved, because the person who committed it has not been established, and his guilt has not been proven. Therefore, an indictment cannot be considered the same as a conviction. But even if further investigation does not change the factual side of the charge, there is still no reason to believe that since the evidence is sufficient to bring charges, then it is sufficient to be found guilty. As V.M. Savitsky, the sign of equality between the accused and the guilty is the most terrible mistake in organizing and administering justice. This position is consistent with the provision of Article 49 of the Constitution of the Russian Federation, which reads: "Everyone accused of committing a crime is presumed innocent until his guilt is proven in the manner prescribed by federal law and established by a court verdict that has entered into legal force." It seems that in order to develop a unified correct approach to the definition of the concept and content of the disclosure of crimes, it is necessary to listen to the opinion of those scientists and practitioners who believe that a crime cannot be considered solved due to the fact that only the alleged criminal has been identified, he has been charged or even an indictment (indictment) was drawn up, approved by the prosecutor, and the case was sent to the court. It will be disclosed only when a specific person is found guilty of committing this crime by a court verdict that has entered into legal force. Considering the above, the solution to the problem of ambiguity in understanding the activity of solving crimes and its purpose is seen in the following. It is necessary to immediately define the concept of crime disclosure at the legislative level. For this, it is advisable to include in Article 5 of the Criminal Procedure Code of the Russian Federation a clause containing the definition of disclosure of crimes of the following content: , as well as the circumstances related to the crime committed, subject to proof in accordance with the procedure established by this Code. A crime is considered solved when a person is found guilty of committing a crime by a court verdict that has entered into legal force. " Due to the fact that, without solving the crime, it is impossible to start solving the remaining tasks of criminal proceedings listed in Article 6 of the Criminal Procedure Code of the Russian Federation, part 1 of this article should be supplemented with a clause specifying that one of the purposes of criminal proceedings is the full disclosure of crimes. It seems that V.F. Statkus, which believes that in the legislation it is necessary to establish a rule according to which, at the level of state statistics, a crime should be considered solved only after a court verdict has been passed. In his opinion, the introduction of this rule should lead to the fact that the operational-search services will seek to identify the suspect, and the investigators and investigators - to prove his guilt, and not chase "sticks", because if the result of their joint activities will not be a verdict court, a crime in state statistics will not be considered solved. Considering that in most cases of police officers' crimes, considered in the courts in recent years, the motivation of the criminals was to "solve the crime as soon as possible, because the statistics need to be increased", while excluding the tasks rapid disclosure of crimes, as was the case when defining the tasks of Soviet criminal proceedings in Article 2 of the Code of Criminal Procedure of the RSFSR (taking into account the establishment of the principle of reasonableness of the timing of criminal proceedings - Article 6-1 of the Criminal Procedure Code of the Russian Federation), V.F. Statkus will significantly reduce the number of crimes committed by employees of the internal affairs bodies in the course of solving their tasks. Conclusion
The Criminal Investigation Department is an operational service, a body of inquiry of internal affairs bodies, whose task is to prevent, suppress, disclose upcoming or committed crimes of a general criminal orientation, search for persons who have fled from the investigation and the court, missing citizens, and establish the identity of unidentified corpses. When solving obvious crimes (for example, domestic murders and other acts, the detection of which occurs simultaneously with the identification of the persons who committed them), operational-search measures are rarely used. A completely different situation develops when a crime was committed in conditions of non-obviousness (under unknown circumstances, by an unknown person). Disclosure of non-obvious crimes is the greatest difficulty for both the investigator and the operational officer. In the process of solving such crimes, a special role belongs to the criminal investigation apparatus, since the investigator in such cases has an acute shortage of information necessary for carrying out investigative actions. It is the tasks of solving non-obvious crimes that are in the center of our attention, as more complex and at the same time the most typical for the activities of a criminal investigation officer. All crimes that remain unsolved fall to the share of non-obvious ones, of which the most widespread are the theft of property, deliberate harm to health, robbery, robbery and rape, i.e. crimes that pose an increased public danger. The criminal investigation apparatus of the internal affairs bodies is required to constantly improve the fight against crimes. They must provide a constantly operating targeted system of measures for timely prevention, quick and complete disclosure of crimes. In conclusion, we emphasize that, as the analysis of the state of the fight against crime in Russia shows, more than 60% of registered crimes are solved with the help of operational-search forces, means and methods. In this regard, in modern conditions, the objective need for the implementation of an independent reconnaissance patrol is caused by a rather high level of crimes that are committed in conditions of non-obviousness, are carefully prepared using various tricks to disguise the traces of criminal actions. In this regard, the state opposes the secret criminal actions of persons preparing, committing or having committed crimes with a system of special overt and covert measures, carried out in strict accordance with the current regulatory documents. List of used literature
Regulations 1.Constitution of Russia from 12.12.1993 2.The Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) N 63-FZ of 13.06.1996 .Code of Criminal Procedure (Code of Criminal Procedure of the Russian Federation) N 174-FZ of 12/18/2001 .Customs Code of the Customs Union (TC CU) - an appendix to the Agreement on the TC CU, adopted by the decision of the Eurasian Economic Community dated November 27, 2009 No. 17 ."The Criminal Executive Code of the Russian Federation" (PEC RF). dated 01/08/1997 N 1-FZ. .Federal Law of August 12, 1995 N 144-FZ "On operational-search activity" .Federal Law of 07.02.2011 N 3-FZ "On the Police" .Federal Law "On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation" dated February 6, 1997 No. 27 - FZ .Law of the Russian Federation of July 21, 1993 "On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment" .Federal Law of 03 April 1995 "On the Bodies of the Federal Security Service in the Russian Federation" .Federal Law of January 10, 1996 "On Foreign Intelligence" .Federal Law of May 27, 1996 "On State Protection" .Law of the Russian Federation of March 11, 1992 "On private detective and security activities in the Russian Federation" .Law of the Russian Federation of April 01, 1993 "On the State Border of the Russian Federation" .Federal Law of July 15, 1995 "On the detention of suspects and accused of committing crimes" .Decree of the President of the Russian Federation "On streamlining the organization and conduct of operational-search measures using technical means" dated July 12, 1995 No. .Decree of the President of the Russian Federation "On Approval of the List of Confidential Information" dated March 6, 1997 No. .Resolution of the Government of the Russian Federation "On approval of the Rules for classifying information constituting a state secret to various degrees of secrecy" dated September 4, 1995 No. .Resolution of the Government of the Russian Federation "On Approval of the Regulation on the National Central Bureau of Interpol" dated October 14, 1996 No. Special literature 1.Bazarbaev A.S. The role of operational-search activity in the fight against crime // Gaps in Russian legislation. - 2011. - No. 1. - P.174 2.Belkin R.F. Forensic Science: Problems of Today. Topical issues of Russian forensic science. - M .: Publishing house NORMA-INFRA-M, 2001.S. 224 .Speech by the Minister of Internal Affairs of the Russian Federation R.G. Nurgaliev at an expanded meeting of the Collegium of the Ministry of Internal Affairs of Russia. March 30, 2013 [Electronic resource] // www.mvd.ru .The police are being reformed out of the "stick" [Electronic resource]: Kommersant. No. 10.22.01.2010 // # "justify">. Sidorov A.S., Konovalov A.I. On the issue of the practice of "disclosing" crimes and the reasons for the lack of confidence of citizens in law enforcement agencies and courts // Improving the activities of law enforcement agencies to combat crime in modern conditions: Materials of the International Scientific and Practical Conference (03-04 November 2011. Issue 8. Tyumen: Tyumenskaya Regional Duma, TGAMEUP, 2011 .Sidorov A.S. On the question of the concept and content of "disclosure" of crimes // Bulletin of criminalistics / Otv. ed. A.G. Filippov. Issue 2 (38). - M .: Publishing house "Spark", 2011 .Savitsky V.M. Presumption of innocence. M .: Publishing house NORMA, 1997.S. 22 .V.F. Statkus Who in Russia is obliged to solve crimes? // Bulletin of criminalistics / Otv. ed. A.G. Filippov. Issue 3 (19). - M .: Spark, 2006.S. 57. .Filippov A.G. Marginal notes (about the term "psychological reagent" in the article by Yu.G. Zhuravlev) // Bulletin of criminalistics. / Resp. ed. A.G. Filippov. Issue 2 (30). - M .: Spark, 2009.S.60-61 .Archive of the Kalininsky District Court of Tyumen, ug. case No. 02835 .Archive of the SU at the ATC for Tyumen, corner. case No. 200804746/14 .Archive of the SU at the ATC for Tyumen, corner. case No. 200902771/70Similar works to - Fundamentals of the activities of the Department of Internal Affairs for the prevention and disclosure of crimes
The internal affairs bodies carry out a significant amount of work on special criminological crime prevention. Their special role in this case is determined by the diversity of their competence, a wide range of powers to carry out operational-search, administrative-jurisdictional, criminal procedure and other types of activities to combat offenses and the bulk of crimes, the presence in the structure of various services and divisions, including such, who specialize in criminological prevention, and some other factors. The criminal militia, the operational-search apparatuses of the criminal investigation department operating within it, in the fight against economic crimes, organized crime and corruption, make a decisive contribution to the prevention of contemplated and prepared, suppression of initiated crimes. Along with this, they carry out a great deal of work along the corresponding lines of official activity aimed at identifying and promptly eliminating (blocking, neutralizing) the causes and conditions that contribute to the commission of crimes of various types. A significant proportion is occupied by preventive functions in the activities of the criminal police units to combat drug trafficking.
The content of the activities of the public security militia is such that practically all of it is in one way or another connected with the prevention of crime. Subdivisions for the prevention of juvenile delinquency perform purely preventive functions. In their field of vision are adolescents released from places of deprivation of liberty, sentenced to punishments not related to imprisonment, returned from special educational institutions, using drugs, drinking alcohol, committing offenses of an illegal nature, and other categories of minors, from which, judging due to their immoral or illegal behavior, the commission (repetition) of crimes can be expected.
The description of the preventive activities of district police inspectors would take up too much space, therefore, one can limit ourselves to indicating that they, as officials of the internal affairs bodies closest to the population, carry out practically all the functions of police prevention in assigned areas. The service of district inspectors is a central link in the system of social and criminological crime prevention carried out by the police.
In a prompt response to both crimes and actions, situations fraught with the threat of their commission, the duty units of the militia play an important role. The results of the preventive activities of other police units largely depend on how effectively this service works.
The patrol and checkpoint service (PPS), which ensures public order on the streets and in other public places, has a great warning potential. The staff of the teaching staff take measures prescribed by law against violators of public order, suppress administrative offenses, many of which can escalate into crimes. While patrolling, they identify places of possible crime, the appearance and shelter of criminals, the concentration of persons with an antisocial orientation of behavior. Depending on the situation, they either directly suppress illegal actions, or immediately signal the sources of criminal danger to the units on duty, to the operational-search and other services.
The activities of such a link of the public security militia as a division of licensing and permitting work are aimed at preventing crimes related to weapons and ammunition, their illegal turnover.
The passport and visa service contributes to the prevention of crimes related to the stay of foreign citizens in Russia.
In carrying out their main functions, employees of detention centers contribute to the prevention of crimes.
temporary detention of detainees and prisoners, security service and escort of detainees and arrested persons, specialized inquiry units.
A wide range of measures aimed at preventing crimes related to road transport is carried out by the State Traffic Safety Inspectorate. This is control over the technical condition of vehicles, compliance with traffic rules, ensuring admission to transport of specially trained persons, explanatory work with the population and much more. Along with this, the employees of the inspectorate are involved in carrying out measures to prevent not only motor transport, but also other crimes, including manifestations of organized and professional crime (they seize stolen property, drugs, weapons used for criminal purposes, ammunition, etc.).
The activities of non-departmental security units are completely subordinated to the tasks of preventing crimes, primarily thefts, bandit and robbery attacks. They inspect objects of storage of property, check their strength, provide physical and technical security, promptly respond to signals of illegal entry into homes and office premises.
Investigative bodies of the internal affairs bodies, when investigating criminal cases, identify the causes and conditions conducive to the commission of crimes, and introduce ideas for their elimination. Along with this, they carry out preventive work in non-procedural forms, for example, they take part in legal education and upbringing.
Subdivisions of the state fire fighting service are working to prevent arson, the facts of careless handling of fire.
In the sectoral services of the internal affairs bodies, specialized units (groups) for the prevention of crimes are created, or the preventive functions are assigned to specially designated employees.
In air, water and rail transport, security facilities and territories, crime prevention is fully dealt with by the internal affairs bodies in transport and special police.
25. Activities of non-state formations for the prevention of crime.
TO number of non-state actors who carry out crime prevention as part of their main activity, in the literature include public organizations and individuals assisting law enforcement agencies in the implementation of protection law and order (voluntary people's guards, public policing stations, freelancers and community law enforcement assistants), private security companies and security services specialized mass media.
The circle of non-specialized subjects is not clearly defined. Almost all organizations and citizens participate in the crime prevention process, creating jobs, improving the territories under their jurisdiction, organizing leisure activity minors etc.
structures (faces),
engaged in private detective and security activities. Many of the services they provide (study
market, collecting information for business negotiations, identifying insolvent or unreliable
business partners, collecting information on criminal cases, protecting the life and health of citizens, protecting property
owners, ensuring order in places where public events are held, etc.) contribute to
solving the problems of P.
not free from a number of costs that have not anti-criminogenic, but the opposite content
(in fact, contributing to the commission of crimes). From among public structures to
specialized subjects of P P have traditionally been public
points of order protection, voluntary people's squads (DND), commissions of enterprises to combat
drunkenness, councils for the prevention of labor collectives, public assistants to prosecutors,
investigators. freelance police officers. By now, some of the named
formations (for example, prevention councils) have ceased to exist, the activities of others
(for example, DND) has significantly narrowed and in many ways has been filled with new content, is organized and
stimulated in a new way. A search is underway for qualitatively new forms of attracting citizens to protection
law and order. This is, for example, the creation (according to the experience of a number of countries) of local public formations
(Small Business Association to Combat Extortion, Parents' Association,
older brothers and sisters, created in order to suppress sexual abuse of children and adolescents),
structures focused on preventive work with victims of crimes from among
owners of vehicles, garden plots, summer cottages, etc. As for citizens, their assignment to the number
subjects P P (as has been done in the past) is hardly justified. V
as such, they can only be considered as bearers of specific rights and obligations in connection with
certain social roles, such as parents, guardians, members of specialized
public formations. Individual prevention is aimed at identifying and eliminating
criminogenic factors directly related to behavior, lifestyle, microenvironment.
Individual preventive measures are carried out in relation to those released from places of deprivation
freedom, sentenced to measures of punishment, not related to imprisonment, committing
administrative offenses, and other categories of persons. whose behavior, antisocial connections,
unfavorable conditions for the moral formation and development of the personality indicate the possibility
their becoming (or returning) to the criminal path. Such persons are put on the preventive record of the police.
Establishment of special rules of conduct, restriction of the rights of persons subject to
individual prophylactic exposure, possibly on the grounds and in the manner provided for
law. The reasons, conditions and other determinants of criminal behavior are often manifested (regardless of the antisocial behavior of specific individuals) in various spheres of social life: family and household, leisure, industrial and labor, in the field of private entrepreneurship, privatization, credit and financial relations, foreign economic activity, etc. .d.
In order to identify criminogenic factors in these and other areas, general prevention measures are being taken. To solve the problems of general crime prevention, qualitative and quantitative indicators of crime and other offenses are analyzed, information about their causes and conditions, applied criminological studies are carried out at individual sites (in regions, sectors of the economy), targeted preventive operations; authorities, local authorities, management of commercial and non-commercial organizations are informed about criminogenic factors, ways and means of their elimination (neutralization, blocking); financial, economic, organizational, technical and other preventive measures are developed and implemented
crimes: work is underway to improve the legal culture of citizens. Victimization prevention includes the activities of law enforcement agencies, various social institutions aimed at identifying, eliminating, neutralizing factors, circumstances, situations that form victim behavior; identification of groups of criminal risk, specific persons with an increased degree of victimization and impact on them and the social microenvironment in order to restore or activate their protective properties: development and implementation of means of protecting citizens from
crimes
test
1. Organization of the activities of the internal affairs bodies for the prevention of crimes and administrative offenses of minors
The prevention of juvenile delinquency from the point of view of the norms, principles and standards of international law is one of the areas of protection of the rights of minors. Approaching this issue from the standpoint of the science of criminal law and criminology, it should be noted that the main conceptual directions for the prevention of juvenile delinquency at the level of international legal regulation are as follows:
Formation and implementation of international standards for humane treatment of minors into national criminal legislation;
Preventing stigmatization of juvenile offenders;
Prevention of damage to the personality, mental and physical integrity of juvenile offenders in connection with the participation of minors in criminal procedural procedures;
Emphasizing the focus of efforts of national law enforcement systems to eliminate the causes and conditions conducive to the commission of crimes by minors;
Strengthening the fight against the facts of involving minors in the commission of crimes and other offenses, as well as in other antisocial activities;
Introduction of specialized institutions into national law enforcement systems, focusing on the application of modern non-traumatic social technologies and legal procedures to juvenile criminals, aimed primarily at decriminalization and re-socialization of minors.
Taking into account the above modern conceptual ideas, it is obvious that the prevention of juvenile crimes from the point of view of modern legal consciousness is seen as part of an integral system aimed at ensuring the normal formation of the personality and development of a teenager, respect and protection of his inalienable rights as a human being and a citizen.
The international legal status of minors is regulated by a number of international legal acts, among which the following can be distinguished: 1) International acts declaring fundamental human rights and their protection. 2) International legal acts that proclaim the rights of children and guarantee the special protection of children in emergency situations. 3) International legal acts concerning the administration of juvenile justice and the treatment of convicted juveniles. The norms of the aforementioned international acts have in fact formed a policy for the treatment of juveniles who commit offenses, which includes preventive measures, social reintegration, ensuring the observance of human rights in relation to juvenile offenders, the use of alternative measures to deprivation of liberty, the arrest, detention or imprisonment of a child only as a extreme measure and for the shortest possible time, refusal to impose punishment for minors in the form of the death penalty or life imprisonment. The main idea of the abovementioned international acts is that "in working with minors, the primary task is to prevent delinquency." The most important of the listed international legal acts are:
1) The UN Convention on the Rights of the Child (adopted by the UN General Assembly on December 5, 1989, ratified by the USSR Supreme Soviet on June 13, 1990), which recognizes a child as the bearer of all human rights from the moment of his birth. The inalienability of these rights acquires the force of the norms of international law. For the first time at the interstate level, such humanistic concepts as the child's right to life and the child's right to parents were voiced.
2) The World Declaration on the Survival, Protection and Development of Children and the Plan of Action for the Implementation of the World Declaration on the Survival, Protection and Development of Children in the 1990s. (adopted at the World Summit for Children on September 30, 1990). The documents are devoted not only to the legal aspects of child protection, but also to new principles and programs of real action in favor of children.
3) UN Standard Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules") (adopted by the UN General Assembly on December 10, 1985). Developed at the Interregional Preparatory Meeting for the VII UN Congress, held in Beijing (PRC) in May 1984, in connection with which they were named "Beijing".
4) UN Guidelines for the Prevention of Juvenile Delinquency ("Riyadh Principles") (adopted by the UN General Assembly in 1990). The principles were developed at the International Meeting of Experts in Riyadh (Saudi Arabia) in March 1988, in connection with which they were named "Riyadh". This document defines that the prevention of juvenile delinquency is the most important aspect of crime prevention in society. It provides for close cooperation between national, state, local governments with the participation of the private sector, community representatives, as well as labor, childcare, education, social affairs, law enforcement and judicial institutions in order to take joint action to prevent crime among minors and youth.
In the Russian Federation, at present, the leading role in this area belongs to the Federal Law of June 24, 1999 No. 120-FZ "On the foundations of the system for the prevention of neglect and juvenile delinquency." This law determined the main areas of activity, established the responsibility of federal ministries and departments, constituent entities of the Russian Federation in the organization of preventive work. The enactment of the law has created additional opportunities for strengthening the socio-protective principle of preventing child neglect, further developing a network of social protection institutions, activating a comprehensive solution to the problems of children in difficult life situations, based on closer interaction of all subjects included in the system of preventing neglect.
The main tasks of activities for the prevention of neglect and juvenile delinquency in Art. 2 of the said law includes: prevention of neglect, homelessness, delinquency and antisocial actions of minors, identification and elimination of the reasons and conditions conducive to this; ensuring the protection of the rights and legitimate interests of minors; social and educational rehabilitation of minors in a socially dangerous situation; identification and suppression of cases of involvement of minors in the commission of crimes and antisocial actions.
In accordance with and in pursuance of the Federal Law "On the Basics of the System for the Prevention of Neglect and Juvenile Delinquency", the Government of the Russian Federation has adopted regulations aimed at eliminating the conditions and causes that contribute to homelessness and neglect, the commission of juvenile delinquency.
With the aim of full accounting of children left without parental care, Federal Law No. 44-FZ of April 16, 2001 "On the State Data Bank of Children Left without Parental Care" was adopted. In pursuance of this law, the Resolution of the Government of the Russian Federation of April 4, 2002 No. 217 "On the State Data Bank of Children Left Without Parental Care and Control over Its Formation and Use" was adopted.
Federal Law No. 3-FZ of February 7, 2011 "On the Police" defines the general duties of the police in relation to minors, in particular:
Search for minors who have left their families or specialized institutions for minors in need of social rehabilitation; minors who have voluntarily left the special educational institutions of a closed type of the educational administration;
To execute the decisions of the court (judge) on the sending of juvenile offenders to special educational institutions of a closed type of the educational administration;
Deliver minors who have committed offenses or antisocial acts, as well as the neglected and homeless, to temporary detention centers for juvenile offenders of the Internal Affairs Directorate, to specialized institutions for minors in need of social rehabilitation, or to the office of a territorial body or police unit on the grounds and in the manner prescribed federal law.
Any police officer is obliged to immediately notify his parents or other legal representatives of every case of detention of a minor.
Decree of the President of the Russian Federation "dated June 1, 2012 No. 761" On the national strategy of action in the interests of children for 2012-2017 "defines the main tasks of protecting and ensuring the rights and interests of children and child-friendly justice. neglect and delinquency of minors, including such as reforming the activities of guardianship and guardianship bodies, commissions for juvenile affairs and protection of their rights; adoption at the legislative level of measures to protect children from information that threatens their well-being, safety and development.
The departmental normative legal acts regulating the activities of the Internal Affairs Directorate for the prevention of crime and juvenile delinquency include: Order of the Ministry of Internal Affairs of Russia dated January 17, 2006 No. 19 "On the activities of the internal affairs bodies to prevent crimes", which defines the responsibilities of individual services for the prevention of juvenile delinquency ; Order of the Ministry of Internal Affairs of Russia of January 29, 2008 No. 80 "Issues of organizing the activities of combat units of the patrol and guard service of the police", which detail the tasks and responsibilities in this area of individual services and officials of the Internal Affairs Directorate.
There are many actors involved in juvenile delinquency prevention. They represent a single system, linked by common goals and objectives, including commissions for juvenile affairs and protection of their rights; governing bodies of social protection of the population, education, health care; guardianship and guardianship authorities, youth affairs, employment services, internal affairs. Many subjects also participate in the special prevention of juvenile crimes, differing from each other in the nature of their functions, the peculiarities of the application of preventive measures, and their volume. Depending on this, it is customary to single out non-specialized and specialized subjects of special warning. Specialized subjects have as their goal precisely the fight against crime, including minors. The main role in preventive work is played by state actors: prosecutors and internal affairs bodies.
It should be noted that in addition to subjects related to state bodies and institutions that counter the neglect and delinquency of minors, there are also such non-state institutions, whose activities are based on the personal initiative of citizens and organizations and have a purely preventive focus (the organization of Sunday schools for minors in church parishes , the organization of summer vacations for children, including those from disadvantaged families, the organization of offices for psychological and legal assistance to minors in difficult life situations, etc.). Public involvement also implies participation in the formation of state policy in this area, and, in addition, the implementation of public control over the activities of the subjects of the prevention system at all levels in order to identify cases of illegal use by representatives of the authorities of their powers or failure to fulfill their duties and the adoption of urgent measures on these facts.
The preventive functions of the internal affairs bodies should be based on the principles of legality, humanism, strict observance of the rights and legitimate interests of minors, the priority of educational, preventive measures over repressive ones, combined with the principle of inevitability and proportionality of responsibility for the deed.
Participants in the preventive activities of the internal affairs bodies are also divided into specialized services - divisions for juvenile affairs and temporary detention centers for juvenile offenders and non-specialized ones - engaged in the prevention of neglect and juvenile delinquency only in terms of their main official activities (services of operational divisions, investigation divisions, inquiries district police inspectors, state traffic safety inspectorate, patrol service, etc.).
The internal affairs bodies are engaged in the prevention of juvenile delinquency both at the general and individual levels. The work is carried out mainly in the following areas:
Limiting the influence of negative social factors associated with the causes and conditions of juvenile delinquency;
Impact on the causes and conditions contributing to this type of crime;
Direct impact on minors who can be expected to commit crimes;
Influencing groups with an antisocial orientation, capable of committing or committing crimes in which a minor is a participant who is exposed to preventive influence.
The main subject of prevention is the public order protection service. Depending on the object to which the preventive activities of such services are directed, E.V. Golovkin divides it into sections: a) work with dysfunctional families, b) with adults, contributing to the involvement of minors in offenses; c) with adolescents who have committed offenses; d) general preventive work.
Preventive work, depending on where it is carried out and in relation to whom, is subdivided as follows: a) at the place of residence; b) at the place of study; c) with nonresidents, d) in relation to refugees and displaced persons. Each designated area is classified by the specified author into simpler elements. Thus, the area of work with dysfunctional families includes the following structural elements: work with families in which parents with children lead an antisocial lifestyle, with families in which there are no disciplinary and pedagogical requirements; with families in which other persons living together with them have a negative impact on children (for example, adult brothers or sisters registered with PDN, etc.). In turn, the author classifies the area of work with minors who have committed offenses, depending on the type of offenses committed by them and on their social status, into simpler structural elements. So, based on the type of offenses, E.V. Golovkin proposes to differentiate work with adolescents: committing disciplinary offenses, administrative tort, crimes. Depending on the social status, this activity of the public order protection units should be subdivided into work with students, working, not working and not studying, and depending on age - to work with minors under 13 years old, 14-15 years old, 16-17 years old. ... Analyzing the content of methods for the prevention of juvenile delinquency, E.V. Golovkin identifies the following specific features inherent in them:
They express the connection of the subject (service and ATS units) with the object (juvenile offenders), which is affected;
They are the means of controlling the influence of the subject on the state of juvenile delinquency:
They are ways of streamlining, organizing the processes taking place in the services and divisions of the internal affairs bodies, methods, through which the common goals of joint activities of the subjects of preventing neglect and juvenile delinquency are achieved;
They are the most mobile and active element in the system for the prevention of juvenile delinquency;
Their use is of an alternative nature, since the choice of a particular method is carried out taking into account the characteristics of the minor.
ATS functions are determined by the tasks facing them and can be subdivided into basic and supporting ones. The main functions are implemented in the legal relations that develop in the external sphere of the IAB activity between its employees, on the one hand, and minors, parents and persons replacing them, officials, enterprises, institutions, organizations, on the other. The supporting functions, without which the implementation of tasks is impossible, include resource and management functions. These areas of activity are mediated in the intra-organizational sphere - in the legal and organizational relations that develop between the units and services of the Internal Affairs Directorate.
As one of the elements of the system of bodies for the prevention of juvenile delinquency, the public order protection service itself is a certain hierarchically harmonious system of services and units, the activities of which are to one degree or another related to the organization of the preventive process. Moreover, all services and subdivisions of the protection of public order, performing the functions of preventing the administrative delinquency of minors, can be conditionally divided, as already noted, into specialized and non-specialized services and subdivisions. The activities of the specialized service will be discussed below. Here we will analyze the activities in the considered area of non-specialized services. The duties of the district police officer include the following:
Identify persons who involve minors in the commission of crimes and other antisocial actions, including the systematic use of alcoholic beverages, intoxicating substances, prostitution, vagrancy or begging;
Provide assistance to PDN employees in identifying parents or persons replacing them, not performing or inappropriately performing the duties of raising and educating children, as well as employees of educational, educational, medical or other institutions violating the rights and legitimate interests of minors, committing illegal actions, and to take measures to them in accordance with the legislation of the Russian Federation;
To carry out, within the limits of its competence, control and preventive work over juvenile offenders registered with the PDN.
The tasks of the patrol and checkpoint service (PPS) for the prevention and suppression of delinquency among minors are determined by the Charter of the patrol and checkpoint service of the police (Article 87).
Taking part in the fight against juvenile delinquency, patrol and guard patrols are obliged to:
Prevent and suppress crimes and other offenses by minors on the streets and in other public places;
To identify lost children, adolescents who are in a state of alcoholic, toxic or drug intoxication, to deliver such minors to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia at the regional level;
Take measures to identify antisocial groups of minors, establish the places of their concentration, report them to the operational duty officer, as well as inform the district police officer and the juvenile affairs inspector serving this area;
To know on the patrolled territory of minors who have returned from educational labor colonies, sentenced to imprisonment conditionally or with a suspended sentence, to control their behavior in public places, to inform the juvenile affairs inspector about all offenses on their part;
To identify adults who involve minors in gambling, the use of alcoholic beverages, narcotic drugs and psychotropic substances, the commission of offenses or other antisocial actions and report them to the operational duty officer, the criminal investigation officer, the district police officer and the juvenile affairs inspector;
Take measures to prevent minors from being in public places at night without being accompanied by their parents (other legal representatives) or persons carrying out activities with the participation of children.
The State Traffic Safety Inspectorate carries out various measures to prevent child road traffic injuries, assists the criminal investigation apparatus in the fight against theft and theft of vehicles committed by minors.
Employees of the federal migration service, in the process of admitting the population and participating in checks on compliance with the passport regime in hostels, hotels and the residential sector, receive information and identify parents who negatively affect adolescents, as well as non-working and non-studying children. By conducting operational-search measures, the offices of operational units prevent and suppress juvenile delinquency, the activities of criminal groups of adolescents, identify and expose the instigators and organizers of juvenile crimes, other persons who involve them in drunkenness, drug addiction, substance abuse, prostitution, gambling.
Within their competence, they:
Support interaction aimed at identifying crimes committed by minors, persons previously convicted, and persons leading an immoral lifestyle;
Take part in carrying out joint complex operational and preventive measures;
In the course of the ORD, they carry out activities aimed at identifying and preventing crimes committed by minors;
Provide information obtained as a result of conducting an ORA in relation to juvenile offenders to the PDN, which is within their competence;
Take measures to counteract the participation of minors in the illegal circulation of narcotic drugs, psychotropic substances and their precursors;
Search for minors engaged in vagrancy.
Employees of the investigative divisions exert an educational influence during the production of investigative actions, and also reveal the reasons and conditions conducive to the commission of crimes and offenses by minors, take measures to eliminate them, comprehensively find out information about the personality of offenders and inform the divisions for cases of minors. If there are sufficient grounds, they put before the relevant state bodies and public organizations the question of the application of civil, administrative and other measures prescribed by law against parents or persons replacing them, as well as the responsibility of officials who have made shortcomings in educational work or created conditions contributing to offenses.
Preventive activities, organized taking into account these areas, should provide a comprehensive preventive impact on juveniles prone to committing crimes, on the microenvironment and social conditions in which they find themselves.
Administrative activities of the internal affairs bodies
The need for special legal protection for minors is due to their physical and mental immaturity, and hence the resulting special need for protection and care ...
Administrative offenses against justice and the activities of bodies of criminal and administrative jurisdiction
powers of employees of internal affairs bodies in terms of drawing up protocols on administrative offenses and preparing cases for consideration ...
State administration in the field of internal affairs
In the course of political, economic and administrative reform of the state system ...
The activities of the internal affairs bodies for the prevention and suppression of offenses committed by minors
In accordance with the requirement of the order of the Ministry of Internal Affairs of Russia, the activities of the OVD (militia) are built in a complex and has as its task the implementation of an integrated approach and the responsibility of all structures for achieving a positive effect in this work. So...
Licensing and licensing activities of the internal affairs bodies of the Russian Federation
To carry out licensing and permitting activities in the structure of the Main Directorate of the Ministry of Internal Affairs of Russia; Ministry of Internal Affairs; The Central Internal Affairs Directorate of the constituent entities of the Russian Federation, district, city, regional internal affairs bodies created subdivisions ...
Features of carrying out the service for the protection of public order at transport facilities
Decree of the President of the Russian Federation of 1.03.2011 N248 "Questions of the Ministry of Internal Affairs of the Russian Federation" clarified the system of territorial bodies of the Ministry of Internal Affairs of Russia ...
Specifics of Working with Minors Registered for Drug Use
The main tasks of the Department of Internal Affairs, including PDN, in the fight against drug addiction among adolescents are: prevention and disclosure of crimes related to narcotic and psychotropic drugs; identification and registration of persons ...
The concept of crime prevention and administrative offenses (preventive activities) is a system of diverse measures to prevent crime ...
Crime prevention concept
The history of the formation of the system for the prevention of crimes and administrative offenses of the internal affairs bodies in this system in modern Russia began with the adoption on April 18, 1991 of the RSFSR law "On the police" ...
Crime prevention concept
The main volume of crime prevention work is carried out by the police and the internal affairs bodies in general, since their operational units have the ability to carry out operational-search prevention ...
Legal status and organizational structure of the internal affairs bodies of the Republic of Belarus
The norms of legislative acts define the tasks of proceedings in cases of administrative offenses, the solution of which is subject to administrative jurisdiction. The most important of these is timely, comprehensive ...
Legal status and system of headquarters of internal affairs bodies
In the system of internal affairs bodies, the headquarters are called upon to solve system-wide, interregional, intersectoral or complex tasks, to ensure coordination of the activities of services and units ...
Law enforcement activities of customs authorities
The legal impact of each branch of law is largely determined by its principles - the fundamental principles, the main ideas, which are the basis, the foundation of regulatory and legal prescriptions ...
In order to combat crimes and administrative offenses in the field of environmental protection, the Environmental Doctrine of the Russian Federation was developed and approved in 2002 ...
Prevention of crimes and administrative offenses in the field of environmental protection
legal crime environmental offense Normative legal regulation of environmental relations, undoubtedly ...
6.9. In accordance with the established procedure, public associations of law enforcement orientation and citizens are involved in crime prevention activities.
6.10. Inform the population through the mass media about the methods and means of lawful protection from criminal encroachments.
6.11. Together with representatives of the executive authorities of the constituent entities of the Russian Federation, local governments and organizers of meetings, rallies, demonstrations, processions and other public events, they ensure the safety of citizens and public order, and, in accordance with the legislation of the Russian Federation, provide assistance to organizers of sports, entertainment and other mass events in ensuring the safety of citizens and public order in the places where these events are held.
III. Duties of employees of internal affairs bodies for the prevention of crimes
7. District police officers:
7.1. They conduct a monthly analysis of the current operational situation in the serviced administrative areas, submit proposals to the leadership of the territorial body of the Ministry of Internal Affairs of Russia at the regional level to improve the effectiveness of preventive work in the serviced areas, as well as to arrange the patrol and guard police service.
7.2. They monitor the timely adoption of measures by the heads of organizations to eliminate the causes and conditions that contributed to the commission of offenses. In case of non-fulfillment of these instructions, proposals are made to the leadership of the territorial body of the Ministry of Internal Affairs of Russia at the regional level to take measures in accordance with the legislation of the Russian Federation.
7.3. They identify at the administrative site persons who illegally manufacture, acquire, store, process, consume without a doctor's prescription, promote and sell narcotic drugs, psychotropic substances and their analogues or precursors, new potentially dangerous psychoactive substances, as well as those engaged in illegal sowing or growing prohibited for cultivation narcotic plants. The concerned police units are informed about this and take, in accordance with the established procedure and within the limits of their competence, measures to bring such persons to justice.
7.4. The organizers or keepers of dens for the consumption of narcotic drugs and psychotropic substances, prostitution, as well as persons involving minors in the commission of crimes and other antisocial actions, including the systematic use of alcoholic beverages, intoxicating substances, prostitution, vagrancy or begging, are established. Take to them in accordance with the established procedure and within the limits of their competence, the measures provided for by law.
7.5. They take preventive measures in order to prevent grave and especially grave crimes against the life and health of citizens, public order and public safety.
7.6. They report at least once every six months to the population on the state of law and order in the serviced territory and activities for the prevention of crimes and offenses.
7.7. At least once a year, they participate in inspections of the state of technical strength, fire safety of storage facilities for inventory, cash, weapons and ammunition, explosive materials and pyrotechnic products, precious metals and stones, as well as narcotic drugs and psychotropic substances, together with other divisions of the internal affairs bodies, federal executive bodies and local self-government bodies, take measures to strengthen their technical strength.
7.8. In the course of the performance of their duties, at least once a year, they carry out inspections of the safety of civil firearms at the place of residence of their owners and monitor compliance by the heads of legal entities with the rules for storing firearms, ammunition, explosive materials and pyrotechnic products, take measures against violators in accordance with the legislation of the Russian Federation and inform the subdivisions for licensing and permitting work, and, if necessary, other subdivisions of the internal affairs bodies, about the identified shortcomings.
7.9. Participate in measures to identify and suppress violations of registration rules in the serviced territory, compliance by citizens with citizenship (nationality) of foreign states and stateless persons with the established rules for their stay on the territory of the Russian Federation and their transit through the territory of the Russian Federation.
7.10. Involve the population of the serviced area, public associations of law enforcement, citizens and private security organizations to work to prevent crimes, to carry out individual preventive measures in relation to persons committing offenses.
7.11. Establish trusting relationships with citizens in order to obtain information that will contribute to the prevention and disclosure of crimes and other offenses, search for criminals and missing persons.
7.12. An abandoned, ownerless and disassembled vehicle is identified at the administrative site, measures are taken to establish its ownership, and a check is made for being wanted.
7.13. Provide assistance to police officers and preliminary investigation authorities in pursuing and arresting persons suspected of committing a crime, checking on the territory of the administrative section the places of possible location of persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal punishment, missing.
7.14. Provide assistance to representatives of state regulatory bodies and employees of economic security and anti-corruption units in conducting inspections, identifying and detaining persons engaged in illegal activities in the economic sphere.
7.15. They carry out explanatory work among the population on equipping their apartments and other property objects with the forces and means of non-departmental security by means of security or alarming alarms.
8. Employees of the juvenile affairs units:
8.1. Analyze the state of the operational situation on the line of minors in the serviced area, if necessary - in separate areas, at least once every six months, prepare analytical materials to inform the relevant executive authorities and local government about the state of law and order among minors.
8.2. Participate in the preparation of proposals to the relevant executive authorities and local self-government bodies, public associations and religious organizations on improving the work of bodies and institutions of the system for the prevention of neglect and juvenile delinquency; elimination of the reasons and conditions conducive to delinquency and antisocial actions of minors, negative influence on minors by their parents or legal representatives who do not fulfill their responsibilities for raising children; organization of employment, recreation and leisure activities for juvenile delinquents and children living in families in a socially dangerous situation, other issues related to the prevention of juvenile delinquency.
8.3. Identify persons who involve minors in the commission of crimes and (or) antisocial acts, or commit other illegal acts against minors, as well as parents or other legal representatives of minors and officials who do not perform or improperly fulfill their responsibilities for education, training and ( or) the maintenance of minors, and in the prescribed manner make proposals on the application of measures to them provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
8.4. Carry out individual preventive work in relation to registered minors, their parents or other legal representatives who do not fulfill their responsibilities for the upbringing, education and (or) maintenance of minors and (or) negatively affecting their behavior or abuse them, as well as other minors , their parents or other legal representatives, if necessary to prevent them from committing offenses.
8.5. Within the limits of their competence, they carry out measures to identify minors who are on the wanted list, as well as minors in need of state assistance, and, in the prescribed manner, send such persons to the appropriate bodies or institutions of the system for the prevention of neglect and juvenile delinquency or to other institutions.
8.6. Consider, in the prescribed manner, applications and reports on administrative offenses of minors, socially dangerous acts of minors who have not reached the age of criminal responsibility, as well as on non-fulfillment or improper fulfillment by their parents or other legal representatives or officials of their responsibilities for upbringing, education and ( or) the maintenance of minors.
8.7. Identify minors who consume alcoholic beverages, non-medical use of narcotic drugs, places of their concentration, possible sale, purchase and consumption of narcotic drugs, as well as persons involving minors in their consumption.
8.8. During preventive measures, adolescents are revealed to belong to groups of antisocial, extremist and other nature, leaders and active participants of these groups, places of their concentration, as well as persons involving minors in the commission of crimes and (or) antisocial actions.
8.9. They hold meetings with the population living in the serviced territory, speak in educational institutions, the media on the prevention of juvenile delinquency, form a positive public opinion about the activities of the internal affairs bodies.
9. Police patrol officers:
9.1. They are checked independently or with the participation of employees of other departments of the internal affairs bodies on patrol routes of the places of the most probable commission of crimes, the shelter of persons prone to committing crimes in order to prevent the commission of socially dangerous acts on their part, as well as places of concentration of the criminogenic element of minors, including (groups of minors).
9.2. Cases of drinking by citizens of alcoholic beverages, the use of narcotic drugs and psychotropic substances in public places, the facts of committing petty hooliganism and other violations of public order are suppressed.
9.3. They identify lost children and adolescents, neglected minors in a socially dangerous situation, as well as juvenile offenders, including those in a state of alcoholic, drug or toxic intoxication, transfer them to their parents or persons replacing them, if necessary, deliver such persons to the duty unit of the territorial body of the Ministry of Internal Affairs of Russia at the district level or the unit for juvenile affairs (if they are located outside the premises of the territorial body of the Ministry of Internal Affairs of Russia at the district level).
9.4. In the course of their service, they identify and detain persons who are wanted for committing crimes, hiding from inquiry, investigation, trial, serving a sentence, and missing persons.
9.5. Provide the necessary assistance to citizens who are in a helpless state or in a state that is dangerous to their life and health.
9.6. They interact with employees of other departments of the internal affairs bodies on the prevention and detection of crimes, the identification of persons involved in the illegal circulation of narcotic drugs and psychotropic substances, including their sale.
9.7. They are taking all the necessary measures to prevent the commission of terrorist acts in places of mass presence of citizens.
9.8. Carry out measures to verify documents in order to identify persons suspected of belonging to terrorist and extremist organizations, as well as illegally transporting weapons, ammunition, explosive devices, explosives, incendiary, chemical, potent poisonous substances, narcotic drugs and psychotropic substances, terrorist and extremist literature ...
9.9. Control on the streets and in other public places, within the limits of their competence, the observance by persons released from places of deprivation of liberty, the prohibitions and restrictions established for them in accordance with the law.
9.10. Carry out explanatory work among citizens on their observance of public order.
10. Employees of divisions of licensing and permitting work:
10.1. On an ongoing basis, they monitor compliance with the legislation of the Russian Federation in the field of arms trafficking, as well as private detective (detective) and security activities. They take measures against offenders provided for by the legislation of the Russian Federation.
10.2. They exercise control over the timely registration and re-registration of civil, service and military hand-held firearms, including sending notifications of the need to issue (re-issue) the relevant permits.
10.3. Send requests to the relevant organizations, institutions and information centers to obtain the necessary information about the possibility of admitting persons to work in organizations related to the acquisition, storage, accounting, use, protection and transportation of weapons, as well as when making decisions on the issuance of licenses, permits and certificates private security guard.
They send requests to the criminal investigation units and to the units for countering extremism to provide information regarding citizens applying for a license to carry out private detective (detective) activities and (or) a certificate of a private security guard. The information received is used to prepare a conclusion on the impossibility of admitting a citizen of the Russian Federation to carry out private detective (detective) and (or) private security activities in connection with the increased risk of violation of the rights and freedoms of citizens, the emergence of a threat to public safety.
10.4. Carry out checks on the availability, organization of storage and accounting, as well as the technical condition of weapons and cartridges in relation to legal entities that store or store and use weapons and cartridges. If violations are detected, measures are taken to suppress them.
10.5. They take measures to determine whether citizens, individual entrepreneurs, employees (employees) of legal entities with special statutory tasks have obstacles that, in accordance with the legislation of the Russian Federation, exclude the possibility of owning a weapon, obtaining a license for private detective (detective) activities and (or) a certificate of a private security guard. Measures are being taken to confiscate weapons and ammunition, as well as to revoke licenses and permits from the above legal entities and individuals in the manner prescribed by the legislation of the Russian Federation.
10.6. In accordance with the established procedure, they conduct inspections of the activities of private detectives and private security organizations located in the territory of the service, in order to identify the facts of providing services to legal entities and individuals without appropriate notification of the internal affairs bodies and obtaining licenses in the relevant authorities, upon hiring citizens in these organizations, not meeting the established requirements.
10.7. They check notifications by private security organizations of the internal affairs bodies about the beginning and end of the provision of security services, about changes in the composition of the founders (participants), as well as checking the agreements (contracts) concluded by private detectives and private security organizations with clients in order to establish the compliance of their activities with the constituent documents, the requirements of regulatory legal acts, take measures to eliminate the identified violations.
10.8. Provide control over the circulation of service weapons and special means in private security activities at the facilities of its use.
10.9. They interact with police officers on the prevention and disclosure of crimes related to the illegal circulation of weapons and ammunition, as well as the search for stolen and lost weapons, proactively identify and document crimes related to the illegal circulation of weapons and ammunition.
10.10. In the event of violations of the circulation of weapons or the implementation of private detective and security activities, they issue written warnings, as well as binding instructions to eliminate the corresponding violations. They take measures against individuals and legal entities who have not fulfilled the instructions, in accordance with the legislation of the Russian Federation.
11. Employees of the subdivisions of the State Traffic Safety Inspectorate:
11.1. They identify the conditions and causes that contribute to the commission of road accidents, send proposals for their elimination to the appropriate authorities and monitor the implementation of measures to eliminate them.
11.2. They take measures to prevent and suppress violations of traffic rules, standards, technical norms and other requirements of regulatory documents in the field of road safety, entailing a threat to road safety.
11.3. They carry out, including with the use of the mass media, explanatory work on the prevention of road accidents, violations of rules, standards, technical norms and other requirements of regulatory documents in the field of road safety.
11.4. Identify (identify) persons and vehicles that are on the wanted list, documents and state registration plates with signs of forgery or are on the wanted list, as well as vehicles whose drivers fled from the places of traffic accidents.
They reveal the facts of registration of hijacked and stolen vehicles or having changed (destroyed) marking of unit numbers, using forged (forged) documents.
11.5. They check vehicles, drivers and passengers, the cargoes and documents they carry, according to the orientations of law enforcement agencies, for the identification of illegally transported weapons, ammunition, explosives and explosive devices, narcotic drugs and psychotropic substances, radiation, chemical and potent poisonous substances, extremist literature for transmission in the prescribed manner to the territorial bodies of the Ministry of Internal Affairs of Russia.
12. Employees of private security units:
12.1. They protect on a contractual basis the property of citizens and organizations, as well as objects subject to mandatory protection by the police in accordance with the list approved by the Government of the Russian Federation * (4).
12.2. They provide a prompt response to messages about the actuation of the security, fire and alarm signaling at the guarded objects connected to the centralized monitoring consoles of the non-departmental police guard.
12.3. They take part in the inspection of security units of legal entities with special statutory tasks and departmental security units.
12.4. In accordance with the legislation of the Russian Federation, directors and officials of organizations whose facilities are guarded by the police in accordance with the list approved by the Government of the Russian Federation, as well as heads and officials of other organizations, are issued instructions on compliance with the established requirements for the engineering and technical strengthening of facilities and on ensuring security citizens.
12.5. Issued during the inspection of security units of legal entities with special statutory tasks and departmental security units, unless otherwise provided by federal law, are binding orders to eliminate detected violations in their security activities, in the sphere of arms circulation and ensuring the safety of state and municipal property.
12.6. They interact with employees of other departments of the internal affairs bodies in the prevention and suppression of unlawful encroachments on the protected property of citizens and organizations, as well as objects subject to mandatory police protection.
12.7. They carry out information and explanatory work on the issues of ensuring the safety of property of citizens and organizations.
Information about changes:
13. Employees of subdivisions for the execution of administrative legislation:
13.1. They generalize and analyze the results of the activities of police units on the implementation of administrative legislation, predict the crime situation for the development of managerial decisions and other measures in the interests of preventing administrative offenses * (6).
13.2. Provide organizational and methodological support and training of police officers on the implementation of administrative legislation in the established field of activity.
13.3. Carry out registration and accounting of administrative offenses, ensure the consideration of cases of administrative offenses by authorized officials of the internal affairs bodies in strict accordance with the requirements of the legislation on administrative offenses.
13.4. They carry out the execution of decisions in cases of administrative offenses issued by officials of the internal affairs bodies, as well as administrative punishments in accordance with the competence of the police, identification of certain types of administrative offenses requiring an administrative investigation, as well as considered in the order of arbitration procedural proceedings.
14. Employees of the departments of inquiry:
14.1. When making inquiries and carrying out checks on statements, reports of crimes, the reasons and conditions conducive to their commission are revealed, and in the prescribed manner they submit to the relevant authorities, enterprises, institutions, organizations the submissions, messages (including generalized ones) on the adoption of measures to eliminate them. ...
14.2. They send information to the prosecutor's office in the event that officials of enterprises, organizations and institutions do not fulfill their ideas about eliminating the causes and conditions conducive to the commission of crimes or other violations of the law, for taking measures in accordance with the current legislation of the Russian Federation.
14.3. Within three days, the relevant subdivisions of the internal affairs bodies shall be informed in writing about the suspects and accused in respect of whom a preventive measure not related to detention has been selected, and in respect of whom the criminal prosecution has been terminated on non-rehabilitating grounds, at the place of crime, at the place of residence or the place of stay of these persons for their registration on a preventive record.
14.4. Carry out preventive activities among victims of criminal offenses in order to change their victim behavior.
Information about changes:
Order of the Ministry of Internal Affairs of Russia dated January 20, 2016 N 33, paragraph 14 was supplemented with subparagraph 14.5
14.5. When investigating criminal cases with the participation of minors, persons who involve them in committing unlawful acts are identified, and measures are taken to bring such persons to criminal responsibility.
Information about changes:
Order of the Ministry of Internal Affairs of Russia dated January 20, 2016 N 33, paragraph 14 was supplemented with subparagraph 14.6
14.6. In a timely manner, they transmit to the relevant departments of the internal affairs bodies the information obtained in the course of the investigation of criminal cases, which is important for the prevention and disclosure of crimes.
15. Employees of the criminal investigation units:
15.1. When carrying out operational-search activities, the reasons and conditions conducive to the commission of crimes are revealed, and measures are taken within their competence to eliminate them.
15.2. They carry out operational-search measures to identify persons engaged in the preparation or attempted crime, take measures for them, provided for by the legislation of the Russian Federation.
15.3. They maintain interaction with district police officers and carry out, in the course of operational-search activities, measures aimed at identifying and preventing crimes committed by persons previously convicted and by persons leading an immoral lifestyle. They take part in carrying out joint complex operational and preventive measures.
15.4. They maintain interaction with district police officers, employees of units for juvenile affairs, and carry out measures in the course of operational-search activities aimed at identifying and preventing crimes committed by minors and against minors. Carry out a regular exchange of operational and other information related to minors who are part of organized groups and criminal communities, with other departments of the internal affairs bodies. They take part in carrying out joint complex operational and preventive measures.
15.5. Provide information obtained as a result of operational-search activities in relation to juvenile offenders to the juvenile affairs units within their competence.
15.6. They take measures to counteract the participation of citizens of the Russian Federation, citizens with citizenship (allegiance) of foreign states and stateless persons in the illegal circulation of narcotic drugs, psychotropic substances and their analogues or precursors, new potentially dangerous psychoactive substances.
15.7. Search for persons who have committed crimes or suspected and accused of committing them; persons hiding from the bodies of inquiry, investigation or court; minors who have voluntarily left their families or specialized institutions for minors in need of social rehabilitation; minors who have voluntarily left the special educational institutions of a closed type of the educational administration; missing persons; take measures to identify persons who, for health reasons, age or other reasons, cannot provide information about themselves, as well as measures to identify unidentified corpses.
15.8. Participate in the implementation of measures to prevent crimes of a terrorist nature and extremist orientation.
15.9. Carry out, within the limits of their competence, operational-search measures in relation to persons sentenced to punishments not related to imprisonment, and of operational interest.
16. Employees of units of economic security and anti-corruption:
16.1. Reveals the reasons and conditions for committing crimes of an economic and corruption orientation. They make proposals for timely informing public authorities, local authorities, other authorized bodies, as well as property owners about the need to eliminate the causes and conditions that contribute to the commission of economic and corruption crimes.
16.2. They carry out operational-search measures to identify persons involved in preparing for a crime and attempting to commit crimes of an economic and corruption nature, take measures against them in accordance with the legislation of the Russian Federation.
16.3. They carry out a monthly analysis of the state of economic and corruption-related crime and take measures in accordance with the legislation of the Russian Federation to eliminate the causes and conditions conducive to the commission of these crimes.
16.4. They maintain interaction with district police officers, employees of units for the execution of administrative legislation, employees of criminal investigation units to identify persons engaged in criminal activities of an economic and corruption nature. They use the operational information available to them in the work to prevent and suppress the illegal activities of such persons.
16.5. They carry out operational search measures to identify and dissociate organized criminal groups or criminal communities operating in the economic sphere.
16.6. Generalize the most typical ways of tax evasion, concealment of income (profit) and other objects of taxation.
16.7. Participate in media coverage of the activities and results of the work of the economic security and anti-corruption units.
16.8. Organize and carry out, within the limits of their competence, operational-search measures to identify and block financing channels for terrorist and extremist organizations.
16.9. They carry out comprehensive measures to verify, in accordance with the established procedure, information on the involvement of legal entities and individuals in the financing of extremist activities and terrorism.
16.10. They carry out detection, documentation of crimes and analysis of the state of law and order in the sphere of the consumer market, take part in the coverage of consumer protection issues and the fight against crimes in the consumer market in the mass media.
17. Employees of units for countering extremism:
17.1. They monitor the operational situation in the field of countering extremist activities.
17.2. Measures are being taken to dissociate extremist organizations (communities) at the early stages of formation by searching for and timely implementation of information of a proactive nature.
17.3. They carry out operational-search measures to prevent crimes attributed to the competence of units for countering extremism.
17.4. Within the limits of their competence, they carry out measures to prevent the penetration of representatives of extremist organizations (communities) into government bodies.
17.5. They take part in informing the population about the results of work in the established field of activity.
17.6. Develop and organize the conduct of special operations and operational and preventive measures in the established area of activity.
17.7. When conducting operational-search measures, the reasons and conditions conducive to the commission of crimes are revealed, and measures are taken within the competence to eliminate them.
18. Employees of investigative units:
18.1. In the course of the investigation, they establish the circumstances that contributed to the commission of the crime, other violations of the law. Submit a representation to the appropriate organization, regardless of the form of ownership, or to an official and control the timely elimination of deficiencies.
18.2. They send materials to the prosecutor's office to resolve the issue of initiating an administrative offense case or to the head of the internal affairs body to draw up a protocol on an administrative offense on non-compliance by officials of enterprises, organizations and institutions with legal requirements to eliminate the circumstances specified in the submission or other violations of the law.
18.3. Within three days, the relevant subdivisions of the internal affairs bodies shall be informed in writing about the suspects and accused in respect of whom a preventive measure not related to detention has been selected, and in relation to whom the criminal prosecution has been terminated on non-rehabilitating grounds, at the place of crime, at the place of residence or the place of stay of these persons for their registration on a preventive record.
18.4. When investigating criminal cases with the participation of minors, the persons who involve them in the commission of unlawful acts are identified, and measures are taken to bring such persons to criminal responsibility.
18.5. In a timely manner, they transmit to the relevant departments of the internal affairs bodies the information obtained in the course of the investigation of criminal cases, which is important for the prevention and disclosure of crimes.
Information about changes:
Order of the Ministry of Internal Affairs of Russia dated January 20, 2016 N 33, paragraph 18 was supplemented with subparagraph 18.6
18.6. Carry out preventive activities among victims of criminal attacks in order to change their victim behavior.
19. Employees of linear directorates, departments (divisions) of the Ministry of Internal Affairs of Russia on railway, water and air transport:
19.1. They carry out preventive and operational-search measures aimed at preventing and suppressing crimes against the person committed against citizens at railway, air and water transport facilities.
19.2. Measures are being taken to prevent the illegal transportation of narcotic drugs, psychotropic and potent substances, weapons, ammunition and explosive materials by rail, air and water transport. They interact on these issues with employees of the territorial bodies of the Ministry of Internal Affairs of Russia at the district level, the FSB and FCS of Russia, with other interested departments.
19.3. Based on the results of half a year, they analyze the state of safety of the transported goods. On this basis, proposals are made to the leadership of the linear departments of the Ministry of Internal Affairs of the Russian Federation on railway, water and air transport for the introduction of the most effective forms of protecting material assets from theft and other illegal actions.
19.4. Organize and conduct operational-search and preventive activities to ensure the safety of property of all forms of ownership at transport facilities, to identify persons engaged in theft of goods, in order to prevent such criminal manifestations on their part.
19.5. Together with other departments of the internal affairs bodies, they develop and carry out operational and preventive measures to identify and suppress economic and corruption crimes at enterprises and transport organizations.
19.6. At least once every six months, they analyze the processes of corporatization of railway, air and water transport, develop and submit proposals to the leadership of the economic security and anti-corruption units to suppress and neutralize criminal processes in the economy.
19.7. Participate jointly with interested departments and organizations in control over the export of licensed goods outside the Russian Federation.
19.8. They carry out work to ensure public order and public safety at railway stations, stations, in suburban, local and long-distance trains, marinas, airports, air terminals, sea, river ports and other public places at transport facilities.
19.9. Provide public order in emergency situations (disasters, accidents, crashes, etc.) and during mass events.
19.10. They take part in the screening of passengers, their carry-on baggage and baggage on railway, water or air transport, or carry out such screening on their own in order to seize things and items prohibited for carriage by vehicles.
19.11. In cooperation with the administrations of transport enterprises, they carry out work on the prevention of neglect and delinquency of minors at transport facilities, child injuries and other acts that threaten the safe operation of transport, as well as the prevention of crimes against minors.
19.12. They exercise control over the safety of weapons and ammunition at the objects of licensing and permitting work, the compliance of their storage sites with the requirements, and take measures to eliminate the identified violations. Identify the reasons and conditions for the theft of weapons and ammunition at controlled facilities and take measures to eliminate them.
19.13. They carry out operational-search and preventive measures to prevent crimes of a terrorist nature and extremist orientation at the objects of operational service of the internal affairs bodies in transport.
19.14. Carry out other measures to prevent crimes provided for by this Instruction for the relevant divisions of the internal affairs bodies, taking into account the specifics of their activities.
20. Employees of departments of information and public relations:
20.1. They organize the dissemination of information in the media and the information and telecommunications network "Internet" on crime prevention.
20.2. Prepare and conduct meetings for journalists, press conferences, briefings, "round tables" with the participation of the leadership of the internal affairs bodies on crime prevention.
21. Employees of subdivisions of internal affairs bodies in closed administrative-territorial formations, at especially important and sensitive facilities, within their competence, carry out, within their competence, measures to prevent crimes provided for by this Instruction for the relevant services and subdivisions of internal affairs bodies, and also carry out operational-search and preventive measures to prevent crimes of a terrorist nature and extremist orientation at operational service facilities.
_____________________________
Information about changes:
By order of the Ministry of Internal Affairs of Russia dated January 20, 2016 N 33, the appendix was supplemented with a footnote * (1)
* (1) Federal Law of April 6, 2011 N 64-FZ "On Administrative Supervision of Persons Released from Places of Deprivation of Liberty" (Collected Legislation of the Russian Federation, 2011, N 15, Art. 2037; 2013, N 27, Art. 3477; No. 52, art. 6997).
Preventive work is one of the priority areas of activity of the internal affairs bodies
Among the main normative acts, which are guided in their activities by police officers, one can name: the Federal Law of the Russian Federation "On the Police", the Federal Law of the Russian Federation "On Operational Investigative Activities".
The main departmental normative act, which details the powers of the Internal Affairs Directorate for the prevention of crimes, is the Order of the Minister of Internal Affairs of the Russian Federation of January 17, 2006, No. 19 "On the activities of the internal affairs bodies for the prevention of crimes."
The internal affairs bodies play a special role in the prevention of crime and delinquency. They make the greatest contribution to this activity, which is due to a number of circumstances and features:
A constant combination of measures of persuasion and coercion against persons who violate the rule of law.
The breadth of the competence of the Internal Affairs Directorate in the area under consideration, the complexity and diversity of their activities (the Internal Affairs Directorates conduct targeted preventive work in almost all spheres of social life, where the effect of the causes and conditions of crime is manifested - family and household, industrial and labor, etc.).
The IAB carries out preventive measures against various categories of persons prone to committing crimes (persons who have committed crimes earlier; prone to committing crimes - these are persons committing administratively punishable offenses, immoral offenses; socially unstable persons).
The preventive activities of the Internal Affairs Directorate are carried out to a large extent at the level of special warning, but at the same time, in a number of cases, it represents an element of solving the problems of general social warning (for example, the activities of personnel units of the Internal Affairs Directorate).
An important feature of the activities of the Internal Affairs Directorate is that the measures they carry out to eliminate the causes and conditions of crimes presuppose the mandatory inclusion of other subjects in this activity.
The Internal Affairs Directorate has the most complete information base for the implementation of targeted crime prevention activities, which includes not only criminal statistics data, but also information about administrative offenses, materials from investigative and operational departments, correctional institutions ...
Crime prevention is considered as one of the main activities of most services and departments of the internal affairs bodies.
In preventive activities, the internal affairs bodies proceed from the fact that the circumstances that determine crimes can manifest themselves both in the individual life of specific individuals who admit deviations in behavior, and therefore are able to embark on a criminal path, and in various spheres of social life, regardless of behavior of specific individuals with an antisocial orientation.
14. The concept of economic crime, acts considered as crimes of an economic nature.
Economic crime - it is a system of crimes in the economic sphere and related spheres of society. It includes crimes in the sphere of economic activity (economic in the narrow sense of the word) and crimes against property (property).
Thus, to economic include acts, placed in section 8 of the Criminal Code of the Russian Federation "Crimes in the sphere of economy", which contains chapter 21 "Crimes against property" and chapter 22 "Crimes in the sphere of economic activity".
A distinctive feature of economic crimes is that they are committed by a special subject, and not by outsiders for the object of management, people included in the system of economic relations, which they encroach on.
Illegal business, falsification of goods that endanger not only the health, but sometimes the life of consumers, deception of buyers, illegal increase or maintenance of prices are noted in every fourth case of all crimes registered in the economic sphere.
15. Causes of economic crime. Role features of persons committing economic crimes.
The criminological feature of economic crime is the constant expansion of the types of transit encroachments in the economic sphere.
The causes of economic crimes are inherent in the shortcomings and contradictions of existing economic relations.
The first group of circumstances that determine this crime include the costs of economic policy, the lack of an appropriate system of state control; the backlog of law-making activities from the needs of economic practice.
The reasons and conditions for specific crimes are called such circumstances as shortcomings of the accounting and reporting system, current control by the head, neglect of the requirements for the selection of persons for materially responsible positions, imperfection of the consumption rates of raw materials and materials, which make it possible to create unaccounted reserves for subsequent embezzlement, shortcomings in pricing, tax policy, mismanagement.
In the second group of circumstances that determine economic crime, the shortcomings of legal educational work, the unpreparedness of the middle management level for solving complex national economic problems are highlighted.
TO socio-economic and socio-psychological reasons and the conditions of economic crime include:
The impossibility of achieving the officially declared consumption standards by the overwhelming majority of the country's population in a legal way;
Activities in the entrepreneurial sphere of persons who were previously engaged in illegal business were brought to criminal
responsibility, and is currently associated with the criminal environment;
Polarization of society into rich and poor;
Low share of wages in gross domestic product;
Rising unemployment.
The economic criminals should include robbers, bribe-takers, businessmen-criminals, swindlers, extortionists, thieves, robbers, robbers, smugglers, dealers in counterfeit goods, tax criminals, managers organizing criminal bankruptcy of enterprises, and many others.
As a rule, these are persons over 30 years of age.
Most economic criminals have a high social position in society. As owners, managers of large enterprises or high-ranking officials, they play an important social role in the system of social relations, especially economic ones.
Monetary criminals are usually highly intelligent professionals. They are able to quickly adapt to new forms and methods of entrepreneurial activity, applied banking documents, new electronic means of payment, communications and office equipment, to new banking currency and customs technologies for conducting business transactions.
The ratio between men and women who commit economic crimes is approximately equal.
The main moral and psychological characteristics of economic criminals are: selfish consumer orientation; an exaggerated idea of the role of material goods; negative attitude towards the interests of society and individual citizens; sociability, ability to make an impression, cunning, dexterity, resourcefulness, vigor, decisiveness, prudence, the ability to calculate their actions far ahead.
16. Prevention of economic crime.
Economic crimes have spread to almost all spheres of business, therefore, their prevention, neutralization of the crime situation in the field of economic activity should be strategic, priority in state policy, including the use of economic, financial, organizational and managerial, legal, technical, cultural, educational and other measures. ...
Preventive activities should be multilevel, covering the entire society - from the federal and regional levels to the individual entrepreneur. Preventive measures can be divided into general social and special-criminological preventive measures.
The general social measures of prevention include: conducting by the state an economic policy free from criminal costs, narrowing the possibilities of the "shadow" economy; reasonable distance between the public and private sectors of the economy, neutralization of conditions conducive to the transfer of public funds to private enterprises; stimulation of honest entrepreneurial behavior, establishment of responsibility for the use of unfair competition, discrediting economic and financial partners, clan manifestations of monopoly associated with corruption; creation of conditions for the gradual ousting from the sphere of production and distribution of criminal methods of regulating economic relations, preventing the receipt of superprofits by illegal means, increasing responsibility for non-fulfillment of economic obligations, non-compliance with financial, credit, payment and contractual discipline, eliminating the systemic crisis in society, protecting the most vulnerable segments of the population ...
Special criminological measures give the prevention of economic crimes to various elements of the law enforcement system (government bodies of different levels, government control bodies, financial control bodies, law enforcement agencies, public organizations). These measures include: identifying and eliminating the causes and conditions conducive to economic crime; the identification of the persons plotting (preparing) them; ensuring the most effective disclosure of crimes.
