The possibility of field and investigative control over the observance of certain restrictions by persons under administrative supervision
Автор: Mouzeev Aidar Irshatovich, Rukavishnikov Grigory Anatolevich
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовный процесс, ОРД и криминалистика
Статья в выпуске: 2 (48) т.13, 2022 года.
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Introduction: the article discusses some problems of the implementation by the operational units of the internal affairs bodies of the powers to carry out individual prevention of offenses by persons under administrative supervision. The performance of the functions assigned to the police is connected with maintaining a balance of interests of the individual, whose constitutional rights may be restricted- on the one hand, and on the other - of society interested in effective crime prevention, prevention of its negative consequences. Materials and Methods: the provisions of the current legislation regulating the issues of criminal procedure, operational investigative and administrative activities of the police, as well as statistical data were used. The study uses a combination of general and particular methods - system analysis, formal-logical, comparative-legal and statistical. Results: the problems identified by the authors of the law enforcement practice of administrative supervision by operational units of the police were evaluated from various positions, including in the interpretation of legal norms, the formation of statistical indicators and criteria for the effectiveness of preventive work. Proposals are given to overcome legal gaps and conflicts of norms of various legal sources. Discussions and Conclusions: analyzed such aspects as: the grounds for penetration into the residential premises of a supervised person who is his place of residence; the proportionality of the restriction of the constitutional right to inviolability of the home; the possibility of ensuring judicial control and prosecutorial supervision over the observance of citizens' rights when police officers carry out inspections of supervised persons at the place of residence; the formation of evidentiary information confirming the violation of the established restrictions by the supervised person. Based on the analysis, additions to the legislation are formulated.
Administrative supervision, operational investigative activity, individual crime prevention, inviolability of the home
Короткий адрес: https://sciup.org/142235062
IDR: 142235062 | DOI: 10.37973/KUI.2022.71.36.018