<<

Appendices

The summary table

Results of questioning of 248 employees OVD on problems of legal and organizational maintenance of administrative activity of police on preventive maintenance of offences

Minors

p/p

The formulation of a question and the prospective answer Distribution of answers of respondents
Have answered on a question % From the general number

Respondents

1 2 3 4
1.1 Your post 248 100,0
1.1.1 The chief, the deputy the chief of a department (branch) of the Ministry of Internal Affairs of Russia: 14 5,6
1.1.2 The chief, the deputy the chief of a department (branch) at regional level 90 36,3
1.1.3 The chief, the deputy the chief of a department (branch) at regional level 59 23,8
1.1.4 The head of division on affairs of minors (further - PDN) or the centre of the time maintenance of minor offenders (further - TSVSNP) 1 0,4
1.1.5 Inspector PDN, employee TSVSNP 4 1,6
1.1.6 Other (specify) 80 32,3
1.2 Your experience of work in OVD 248 100,0
1.2.1 Till 5 years 6 2,4
1.2.2 From 5 till 15 years 92 37,1
1.2.3 From 15 till 20 years 76 30,6
1.2.4 Over 20 years 74 29,8
1.3 Your formation 248 100,0
1.3.1 Average special 4 1,6
1.3.2 The higher legal 156 62,9
1.3.3 The higher pedagogical 26 10,5
1.3.4 The higher on other profiles 96 38,7
1.4 Whether you have experience of practical work in PDN or TSVSNP 248 100,0
1.4.1 Yes 40 16,1
1.4.2 No 208 83,9
2 Allocation in law-enforcement activity of the state of a special direction - activity on preventive maintenance of offences of minors legally: 248 100,0
2.1 Yes 224 90,3
2.2 No 24 9,7
2.1 If yes, in your opinion what of more low resulted judgements reflects subject structure of bodies of the state in system of preventive maintenance of offences of minors 240 96,8
2.1.1 It is system executive and state courts of justice 30 12,5
2.1.2 It is system of executive powers of the state which are carrying out the activity with assistance of public institutes 134 55,8
2.1.3 It is system of the central and territorial bodies of the Ministry of Internal Affairs of the Russian Federation 44 18,3
2.1.4 I am at a loss to answer 32 13,3
3 Allocation of preventive maintenance of offences of minors as an independent direction of activity of police is lawful: 248 100,0
3.1 Yes 212 85,5
3.2 No 36 14,5
4 The greatest preventive loading is born in itself by the following kind of activity of police: 248 100,0
4.1 The administrative 210 84,7
4.2 Operatively-razysknaja 28 11,3
4.3 Criminal procedure 20 8,1
5 In your opinion, the essence of administrative activity of police consists in: 216 87,1
5.1 In fulfilment of any actions, behind an exception operatively-razysknoj and criminal procedure activity 84 38,9
5.2 In realisation intraorganizational and vneshneorganizatsionnoj activity 70 32,4
5.3 In realisation vneshneorganizatsionnoj activity 8 3,7
5.4 In manufacture realisation on affairs about administrative violations 54 25,0
6 As you consider, what function of police has the greatest preventive efficiency: 246 99,2
6.1 Revealing and disclosing of crimes 72 29,3
6.2 The prevention and suppression of administrative violations, manufacture on such affairs 134 54,5
6.3 The control over the persons consisting on the preventive account 64 26,0
6.4 Propagation of legal knowledge 22 8,9
6.5 Other, specify 2 0,8
7 Presence as a part of police of divisions on affairs of minors is: 246 99,2
7.1 The necessary 226 91,9
7.2 Is not obligatory 10 4,1
7.3 Their functions can be redistributed between other divisions 10 4,1
8 Participation of other divisions OVD in activity on preventive maintenance of offences of minors 246 99,2
8.1 It is necessary 182 74,0
8.2 It is necessary only at realisation operatively-razysknoj and ugolovnoprotsessualnoj for activity 48 19,5
8.3 In other cases to specify 2 0,8
8.4 There is no such necessity, it is activity PDN 14 5,7
9 To raise efficiency of activity of police on preventive maintenance of offences of minors will allow: 246 99,2
9.1 Perfection of is standard-legal base 148 60,2
9.2 Improvement of material equipment 48 19,5
9.3 Strengthening of requirements to professional selection 52 21,1
9.4 Professional standard increase 98 39,8
9.5 Other 12 4,9
10 With what state bodies, the organisations concerning preventive maintenance of offences of minors you should co-operate most often (to specify no more than 5 variants):
10.1 Office of Public Prosecutor 34 13,7
10.2 Investigatory committee 14 5,6
10.3 Criminally-executive inspections 18 7,3
10.4 Federal service under the control over a drug trafficking (further - FSKN) 14 5,6
10.5 The Commission on Juvenile Affairs and protection of their rights 194 78,2
10.6 Bodies of social protection of the population 42 16,9
10.7 Guardianship bodies 116 46,8
10.8 Controls formation, the educational organisations 120 48,4
10.9 Special educational institutions of the closed type 24 9,7
10.10 Bodies on youth affairs, sports 82 33,1
The organisations
10.11 Service of employment of the population 3 1,2
10.12 The representative by the rights of the child in subjects of the Russian Federation 22 8,9
10.13 Court 10 4,0
10.1 The greatest contribution to carrying out of preventive work with minors bring (to specify no more than 3 bodies):
10.1.1 Office of Public Prosecutor 34 13,7
10.1.2 Investigatory committee 14 5,6
10.1.3 Criminally-executive inspections 18 7,3
10.1.4 Federal service under the control over a drug trafficking (further - FSKN) 14 5,6
10.1.5 The Commission on Juvenile Affairs and protection of their rights 194 78,2
10.1.6 Bodies of social protection of the population 42 16,9
10.1.7 Guardianship bodies 116 46,8
10.1.8 Controls formation, the educational organisations 120 48,4
10.1.9 Special educational institutions of the closed type 24 9,7
10.1.10 Bodies on youth affairs, the sports organisations 82 33,1
10.1.11 Service of employment of the population 3 1,2
10.1.12 The representative by the rights of the child in subjects of the Russian Federation 22 8,9
10.1.13 Court 10 4,0
11 Define a role of the bodies (organisations) listed in item 10 in the decision of problems of preventive maintenance of offences of minors: 244 98,4
11.1 Carry out constant interaction, provide the information and practical help of police 106 43,4
11.2 Carry out interaction, inform police only in necessity cases, give by inquiries the necessary information 54 22,1
11.3 Co-operate with police incidentally, proceeding from own requirements, interchange by the information is adjusted not up to the mark 44 18,0
11.4 Realise departmental interests, police consider as obespechitelnyj body 28 11,5
11.5 I am at a loss to answer 12 4,9
12 Operating standard legal acts provide office activity of police on preventive maintenance of offences 242 97,6
Minors:
12.1 In full 30 12,4
12.2 Partially 200 82,6
12.3 Other 12 5,0
13 The federal act from June, 24th 1999г.
№ 120-FZ «About bases of system of preventive maintenance of neglect and offences of minors» (further - the Federal act from June, 24th, 1999 № 120-FZ):
242 97,6
13.1 Meets to the full to modern requirements of practice 10 4,1
13.2 Answers partially 136 56,2
13.3 Does not meet modern requirements 20 8,3
13.4 I am at a loss to answer 76 31,4
14 If you consider, that the Federal act from June, 24th, 1999 № 120-FZ mismatches modern requirements specify directions of its perfection: 208 83,9
14.1 Transfer of a part of powers from police to other subjects of preventive maintenance 66 31,7
14.2 Creation of additional guarantees of maintenance of the rights and legitimate interests of minors 28 13,5
14.3 Introduction of the additional bases for application of forced measures to minor offenders 96 46,2
14.4 Other 44 21,2
15 Revealing of administrative violations: 242 97,6
15.1 Positively influences reduction of total, perfect crimes 156 64,5
15.2 Criminality parametres does not influence, but has independent value in sphere pravoohrany 72 29,8
15.3 I am at a loss to answer 14 5,8
16 In the best way reflects efficiency of performance of official duties employees PDN: 246 99,2
16.1 Quantity of the revealed administrative violations of minors 24 9,8
16.2 Quantity of the minors consisting on the preventive account 46 18,7
16.3 Reduction of quantity of the minor persons who have committed crimes 166 67,5
16.4 Public opinion about division activity 36 14,6
16.5 Other 8 3,3
17 Introduction of administrative responsibility from 14-year-old age: 244 98,4
17.1 It is necessary 62 25,4
17.2 It is necessary, for separate kinds of offences 162 66,4
17.3 There is no such necessity 20 8,2
18 More detailed legal regulation by manufacture on affairs about administrative violations of minors require: 240 96,8
18.1 Dostavlenie 70 29,2
18.2 Administrative detention 81 33,8
18.3 Personal inspection, examination of the things which are at the physical person 50 20,8
18.4 Physical examination on state of drunkenness 106 44,2
18.5 Drive 42 17,5
19 As you consider, the most effective kind of administrative punishment concerning the minor can be: 216 87,1
19.1 The prevention 48 22,2
19.2 The penalty 44 20,4
19.3 Obligatory works 186 86,1
19.4 Other 10 9,3
20 The size of the administrative penalties imposed on minor offenders should be established: 244 98,4
20.1 In accordance with general practice 72 29,5
20.2 On the lowered factor in comparison with adult persons 46 18,9
20.3 To be estimated, proceeding from a material condition of the offender and his family 126 51,6
21 Police activity should be directed only for work with the minor offenders specified in subitem 4-14 of item 5 of the Federal act from July, 24th, 1999 № 120-FZ: 240 96,8
21.1 Yes, it is expedient in modern conditions 58 24,2
21.2 With separate categories (for example - using narcotics or psychotropic substances without appointment of the doctor) it is necessary to transfer individual preventive work in introduction of bodies of public health services, etc. 116 48,3
21.3 No, it is necessary to expand the list of minors and the basis for statement on the account in divisions on affairs of minors 66 27,5

The appendix 2

The summary table of the generalised data of expert interrogation of chiefs PDN and TSVSNP at level of subjects of the Russian Federation (the Central, Northwest, Privolzhsky, Southern, North Caucasian, Ural, Siberian, Far East federal districts), spent in November, 2015 (in to Moscow) and August, 2016 (in Omsk)

p/p

The formulation of a question and the prospective answer Distribution of answers of respondents
Have answered on a question % From the general number

Respondents

1 2 3 4
1.1 Your post 33 100,0
1.1.1 The head of division on affairs of minors (further - PDN) 29 87,9
1.1.2 The head of the centre of the time maintenance of minor offenders (further - TSVSNP) 4 12,1
1.2 Your experience of work in OVD 33 100,0
1.2.1 Till 5 years
1.2.2 From 5 till 15 years 14 42,4
1.2.3 From 15 till 20 years 7 21,2
1.2.4 Over 20 years 12 36,4
1.3 Your formation
1.3.1 Average special
1.3.2 The higher legal 17 51,5
1.3.3 The higher pedagogical 17 51,5
1.3.4. The higher on other profiles 4 12,1
1.4 Whether you have experience of practical work in PDN or TSVSNP 33 100,0
1.4.1 Yes 33 100,0
1.4.2 No
2 Allocation in law-enforcement activity of the state of a special direction - activity on preventive maintenance of offences of minors legally: 33 100,0
2.1 Yes 33 100,0
2.2 No
3 In your opinion, the essence of administrative activity of police consists in: 32 97,0
3.1 In fulfilment of any actions, for 15 46,9
Exception operatively-razysknoj and criminal procedure activity
3.2 In realisation intraorganizational and vneshneorganizatsionnoj activity 2 6,3
3.3 In realisation vneshneorganizatsionnoj activity
3.4 In manufacture realisation on affairs about administrative violations 15 46,9
4 As you consider, what function of police has the greatest preventive efficiency: 33 100,0
4.1 Revealing and disclosing of crimes 5 15,2
4.2 The prevention and suppression of administrative violations, manufacture on such affairs 16 48,5
4.3 The control over the persons consisting on the preventive account 13 39,4
4.4 Propagation of legal knowledge 13 39,4
4.5 Other, specify
5 Presence as a part of police of divisions on affairs of minors is: 33 100,0
5.1 The necessary 32 97,0
5.2 Is not obligatory 1 3,0
5.3 Their functions can be redistributed between other divisions
6 Participation of other divisions OVD in activity on preventive maintenance of offences of minors 33 100,0
6.1 It is necessary 33 100,0
6.2 It is necessary only at realisation operatively-razysknoj and criminal procedure activity
6.3 In other cases to specify
6.4 There is no such necessity, it is activity PDN
7 To raise efficiency of activity of police on preventive maintenance of offences of minors will allow: 27 81,8
7.1 Perfection of is standard-legal base 26 96,3
7.2 Improvement of material equipment 9 33,3
7.3 Strengthening of requirements to professional selection 4 14,8
7.4 Professional standard increase 14 51,9
7.5 Other 2 7,4
8 With what state bodies, the organisations concerning preventive maintenance of offences of minors to you
It is necessary to co-operate most often (to specify no more than 5 variants):
8.1 Office of Public Prosecutor 9 27,3
8.2 Investigatory committee 8 24,2
8.3 Criminally-executive inspections 11 33,3
8.4 Federal service under the control over a drug trafficking (further - FSKN) 1 3,0
8.5 The Commission on Juvenile Affairs and protection of their rights 24 72,7
8.6 Bodies of social protection of the population 16 48,5
8.7 Guardianship bodies 17 51,5
8.8 Controls formation, the educational organisations 25 75,8
8.9 Special educational institutions of the closed type 3 9,1
8.10 Bodies on youth affairs, the sports organisations 3 9,1
8.11 Service of employment of the population 4 12,1
8.12 The representative by the rights of the child in subjects of the Russian Federation 5 15,2
8.13 Court 2 6,1
8.1 The greatest contribution to carrying out of preventive work with minors bring (to specify no more than 3 bodies):
8.1.1 Office of Public Prosecutor 4 12,1
8.1.2 Investigatory committee 4 12,1
8.1.3 Criminally-executive inspections 6 18,2
8.1.4 Federal service under the control over a drug trafficking (further - FSKN)
8.1.5 The Commission on Juvenile Affairs and protection of their rights 24 72,7
8.1.6 Bodies of social protection of the population 9 27,3
8.1.7 Guardianship bodies 6 18,2
8.1.8 Controls formation, the educational organisations 23 69,7
8.1.9 Special educational institutions of the closed type 4 12,1
8.1.10 Bodies on youth affairs, the sports organisations 6 18,2
8.1.11 Service of employment of the population 1 3,0
8.1.12 The representative by the rights of the child in subjects of the Russian Federation 2 6,1
8.1.13 Court 1 3,0
9 Define a role of the bodies (organisations) listed in item 8 in the decision of problems of preventive maintenance of offences of minors: 33 100,0
9.1 Carry out constant interaction, provide the information and practical help of police 15 45,5
9.2 Carry out interaction, inform police only in necessity cases, give by inquiries the necessary information 3 9,1
9.3 Co-operate with police incidentally, proceeding from own requirements, interchange by the information is adjusted not up to the mark 7 21,2
9.4 Realise departmental interests, police consider as obespechitelnyj body 8 24,2
9.5 I am at a loss to answer
10 Operating standard legal acts provide office activity of police on preventive maintenance of offences of minors: 33 100,0
10.1 In full 8 24,2
10.2 Partially 24 72,7
10.3 Other 1 3,0
11 The federal act from June, 24th 1999г. № 120-FZ «About bases of system of preventive maintenance of neglect and offences of minors» (further - the Federal act from June, 24th, 1999 № 120-FZ): 33 100,0
11.1 Meets to the full to modern requirements of practice 8 24,2
11.2 Answers partially 18 54,5
11.3 Does not meet modern requirements 4 12,1
11.4 I am at a loss to answer 3 9,1
12 If you consider, that the Federal act from June, 24th, 1999 № 120-FZ mismatches modern requirements specify directions of its perfection: 29 87,9
12.1 Transfer of a part of powers from police to other subjects of preventive maintenance 5 17,2
12.2 Creation of additional guarantees of maintenance of the rights and legitimate interests of minors 8 27,6
12.3 Introduction of the additional bases for application of forced measures to minor offenders 16 55,2
12.4 Other 1 3,4
13 Revealing of administrative violations: 33 100,0
13.1 Positively influences reduction of total, perfect crimes 18 54,5
13.2 Criminality parametres does not influence, but has independent value in sphere pravoohrany 15 45,5
13.3 I am at a loss to answer
14 In the best way reflects efficiency of performance of official duties employees PDN: 33 100,0
14.1 Quantity of the revealed administrative violations of minors 1 3,0
14.2 Quantity of the minors consisting on the preventive account 4 12,1
14.3 Reduction of quantity of the minor persons who have committed crimes 22 66,7
14.4 Public opinion about division activity 7 21,2
14.5 Other
15 Introduction of administrative responsibility from 14-year-old age: 33 100,0
15.1 It is necessary 4 12,1
15.2 It is necessary, for separate kinds of offences 24 72,7
15.3 There is no such necessity 5 15,2
16 More detailed legal regulation by manufacture on affairs about administrative violations of minors require: 33 100,0
16.1 Dostavlenie 10 30,3
16.2 Administrative detention 1 3,0
16.3 Personal inspection, examination of the things which are at the physical person 2 6,1
16.4 Physical examination on state of drunkenness 18 54,5
16.5 Drive 4 12,1
17 As you consider, the most effective kind of administrative punishment concerning the minor can be: 29 87,9
17.1 The prevention
17.2 The penalty 1 3,4
17.3 Obligatory works 26 89,7
17.4 Other 2 6,9
18 The size of the administrative penalties imposed on minor offenders should be established: 33 100,0
18.1 In accordance with general practice 16 48,5
18.2 On the lowered factor in comparison with adult persons 6 18,2
18.3 To be estimated, proceeding from the material 11 33,3
Conditions of the offender and his family
19 Police activity should be directed only for work with the minor offenders specified in subitem 4-14 of item 5 of the Federal act from July, 24th, 1999 № 120-FZ: 33 100,0
19.1 Yes, it is expedient in modern conditions 6 18,2
19.2 With separate categories (for example - using narcotics or psychotropic substances without appointment of the doctor) it is necessary to transfer individual preventive work in introduction of bodies of public health services, etc. 21 63,6
19.3 No, it is necessary to expand the list of minors and the basis for statement on the account in divisions on affairs of minors 6 18,2
20 As it is frequent in your practical activities with a view of the prevention of offences with the consent of the head individual preventive work with persons not made an offence (ch will be organised. 3 items 15 FZ № 120-99): 32 97,0
20.1 One-two time a half-year 13 40,6
20.2 Monthly 5 15,6
20.3 Weekly 5 15,6
20.4 Such practice does not exist 10 31,3

The appendix 3

Offers on change to addition of the standard legal acts regulating administrative activity of police on preventive maintenance of offences of minors

p/p

Article The existing formulation of norm The project or norm edition
The code of the Russian Federation about administrative violations
1 Part 2

Articles

2.3

Taking into account concrete circumstances of business and data about the person who has made administrative violation at the age from sixteen till eighteen years, the Commission on Juvenile Affairs and protection of their rights the specified person can be released from administrative responsibility with application to it of a measure of influence provided by the federal legislation on protection of the rights of minors The persons who have reached by time of fulfilment of administrative violation chetyrnadtsatiletnego of age, come under to administrative responsibility for consumption of narcotics or psychotropic substances without appointment of the doctor (article 6.9), destruction or damage of another's property (article 7.17), petty theft (a part of 1 article 7.27.) The actions menacing to traffic safety on a railway transportation and underground (article 11.1), management of a vehicle of the driver who does not have the rights of management by a vehicle (article 12.7), infringement of Rules of traffic by the pedestrian or other person participating in process of traffic (article 12.29), infringement of Rules of traffic by the pedestrian or other participant of the traffic, the entailed creation of hindrances in movement of vehicles or causing of a lung or average weight of harm to health of the victim (article 12.30), minor hooliganism (article 20.1), consumption (drinking) of alcoholic production in the forbidden places or consumption of narcotics or the psychotropic substances, new potentially dangerous psychoactive substances or stupefying substances in public places (article 20.20), occurrence in public places in state of drunkenness (article 20.21)
2 Part 3

Articles

2.3

Part 2 items 2.3 KoAP the Russian Federation to consider, a part 3 having replaced in it of a word «from sixteen» on words «from fourteen»
3 Article

20.22

Finding in state of drunkenness

Minors is elderly to

Sixteen years, or consumption (drinking) by them alcoholic and spirtosoderzhashchej production, or consumption of narcotics by them or psychotropic substances without appointment of the doctor, new potentially dangerous psychoactive substances or stupefying substances

The finding in state of drunkenness of minors is elderly till fourteen years, or consumption (drinking) by them alcoholic and spirtosoderzhashchej production, or consumption of narcotics by them or psychotropic substances without appointment of the doctor, new potentially dangerous psychoactive substances or stupefying substances
4 Part I1

Articles

23.1

Affairs about administrative violations of the minors provided by articles of the present Code, are considered by judges in instructions cases in article of a kind of the punishment appointed only the judge
5 Part 2

Articles

27.2

Dostavlenie should be carried out in possible the short term Dostavlenie it is carried out in time no more than three hours which can be extended in unusual cases with the account of circumstances of business
6 Part 3

Articles

27.2

About dostavlenii the process-verbal is executed or corresponding entry in the report on administrative violation or in the report on administrative detention is made. The report copy about dostavlenii is handed over to the delivered person under its request.

(In red. The Federal act from 08.12.2003 № 161-FZ)

About dostavlenii the process-verbal is executed or corresponding entry in the report on administrative violation or in the report on administrative detention is made. The report copy about dostavlenii is handed over to the delivered person under its request. About dostavlenii the minor the process-verbal, which copy is executed
It is handed over to the minor or his parents (legal representatives)
7 Part 4

Articles

27.2

About dostavlenii minor body in office accommodation his parents or other legal representatives are immediately notified
8 Part 4

Articles

27.3

His parents or other legal representatives are without fail notified on administrative detention of the minor
9 Part 4

Articles

27.2

About administrative dostavlenii minor enforcement authority in office accommodation his parents or other legal representatives are immediately notified
10 Part 1

Articles

27.12

The persons who have made administrative violations (except for the persons specified in parts of 1 and 1.1 articles 27.12 of the present Code) in which relation there are good causes to believe, that they are in state of drunkenness, come under to a direction on physical examination on state of drunkenness The persons who have made administrative violations (except for the persons specified in parts of 1 and 1.1 articles 27.12 of the present Code) in which relation there are good causes to believe, that they are in state of drunkenness, come under to a direction on physical examination on state of drunkenness if the establishment of such condition is necessary for reception of the proofs important for qualification of an offence
About bases of system of preventive maintenance of neglect and offences of minors: feder. The law from June, 24th, 1999 № 120-FZ (red. From 07.06.2017).
11 Article 1 paragraph 5 Antisocial actions - the actions of the minor expressed in the regular use of narcotics, psychotropic and (or) stupefying substances, alcoholic and spirtosoderzhashchej production, employment by prostitution, vagrancy or begging, and also other actions breaking the rights and legitimate interests of other persons;

(The paragraph is entered by the Federal act from 07.07.2003 № 111-FZ, in red. Federal acts from 22.04.2005 № 39-FZ, from 29.06.2015 № 179-FZ)

Antisocial actions - the actions of the minor expressed in the use of narcotics, psychotropic and (or) stupefying substances, alcoholic and spirtosoderzhashchej production, employment by vagrancy or begging, and also other actions breaking the rights and legitimate interests of other persons
12 Point 7 of a part of 2 articles 11 Consider materials of bodies (establishments) of system of preventive maintenance about antisocial actions of minors
About police: feder. The law of the Russian Federation №3-ФЗ from February, 07th, 2011

(red. From 18.06.2017)

13 Point 13 a part of 1 article 2 Preventive maintenance of offences of minors
About bases of health protection of citizens in the Russian Federation: feder. The law from November, 21st, 2011 № 323-FZ (red. From 01.07.2017)
14 Point 4 a part of 9 articles 20 Medical intervention without the consent of the citizen, one of parents or other legal representative допускается:в the relation of the persons who have made socially dangerous acts (crime) Medical intervention without the consent of the citizen, one of parents or other legal representative допускается:в the relation of the persons who have made socially dangerous acts (crimes and administrative violations)
About the statement of Approximate position about the Commissions on Juvenile Affairs and protection of their rights: the governmental order of the Russian Federation from November, 6th 2013 № 995 (in red. From 18.10.2016)
15 podpunk t "in" point 7 Accept decisions about necessity of statement on accounts in OVD (police) of the minor persons who have made antisocial actions.
About activity of law-enforcement bodies under the prevention of crimes: the order of the Ministry of Internal Affairs from January, 17th, 2006 № 19 (red. From 12.05.2016).
16 Point

9.3

9. Employees patrulnopostovoj police services: 9.3. Reveal lost the way children and teenagers, the neglected minors who are in socially dangerous position, and also

Minor offenders, including alcoholic in condition alcoholic, narcotic or toxic intoxication, transfer to their parents or persons, their replacing, in necessary cases deliver such persons in a part of territorial body of the Ministry of Internal Affairs of Russia on duty at regional level or

Divisions on affairs of minors (if they are out of a premise territorial

9. Employees of a patrol and inspection service of police:

9.3. Reveal lost the way children and teenagers, the neglected minors who are in socially dangerous position, and also minor offenders, including alcoholic in condition alcoholic, narcotic or toxic intoxication, transfer to their parents or persons, their replacing, in necessary cases deliver such persons in a part of territorial body of the Ministry of Internal Affairs of Russia on duty at regional level.

Body of the Ministry of Internal Affairs of Russia at regional level).

(In red. The order of the Ministry of Internal Affairs of Russia from 30.12.2011 № 1340)

About the Manual statement about an order of discharge of duties and realisation of police powers in a part of territorial body of the Ministry of Internal Affairs of Russia on duty after dostavlenija citizens: the Order of the Ministry of Internal Affairs of Russia from April, 30th, 2012 № 389 (red. From 19.06.2014).
17 Point

8.2

To establish the person of the delivered person, to find out data on registration of the given person on a residence (a stay place) To establish the person of the delivered person, to find out data on registration of the given person on a residence (a stay place), data on parents (legal representatives) of the minor person
18 Point

14.1

The operative person on duty is obliged to give immediately to the delivered minor if other is not established by the criminal procedure legislation of the Russian Federation, possibility to notify parents or legal representatives about the fact of its detention and the location by realisation of one telephone conversation by personal or office phone.

At the desire of the given person, depending on territorial availability to organise notices by means of employees of law-enforcement body, except for cases which are provided by a part of 11 articles 14 of the Federal act «About police».

To make the entry dostavlenija or detention about the fact of the notice of close parents or legal representatives, with instructions of their phone number and time of the notice to within a minute or a mark about the fact of refusal of the minor to inform data on such persons, with instructions of motives of such refusal

19 Point

23.2

After an establishment, that the detained person searched as without a message gone, is the minor, the operative person on duty is obliged to transfer to its employee of division on affairs

Minors

After an establishment, that the detained person searched as without a message gone, is the minor, the operative person on duty is obliged to transfer to its initiator of search and to inform the employee of division on affairs of minors

The table of the separate conflict rules containing in standard legal acts, regulating administrative activity of police on preventive maintenance of offences

Minors

The norm formulation in the federal act "About bases of system of preventive maintenance of neglect and offences

Minors "from June, 24th, 1999 № 120-FZ (red. From 15.07.2016)

Point. The norm formulation in "Instructions on the organisation of work of divisions on affairs of minor law-enforcement bodies of the Russian Federation". Approved by the order of the Ministry of Internal Affairs of Russia from October, 15th, 2013 № 845
Item 5 Categories of persons in which relation individual preventive work is spent: Item 49 On the preventive account with institution UPK are put:
In the law there is no given basis Under.

49.1.4

Made antisocial action (except for cases. Provided by subparagraphs 49.1.1 - 49.1.3 present Instructions)
Item 6 The bases of carrying out of individual preventive work concerning minor, their parents or other legal representatives are the circumstances provided by article 5 of the present Federal act if they are fixed in following documents: Item 42 Employees PDN put on the preventive account of minor offenders on the basis:
Item 3 The decision of the Commission on Juvenile Affairs and protection of their rights, the public prosecutor, the head of the organ of inquiry, the inspector. Agency in charge of preliminary investigation or the chief of law-enforcement body; Under.

42.2

Decisions of the public prosecutor. The inspector. The investigator. The chief of territorial body of the Ministry of Internal Affairs of Russia. KDNiZP with decision-making. Taken out on the bases. Specified in paragraphs "g" - "e" subparagraph 2.1.1 of the present Instruction.
In the law there is no given basis Under.

42.3

The report on administrative violation. On which the decision on appointment of administrative punishment is accepted.
Item 5 The conclusion. Approved by the head of body or establishment of system of preventive maintenance of neglect and offences of minors. By results of the spent check of complaints, statements or other messages. Under.

42.4

The conclusions about statement of the minor. The parent. Other legal representative on the preventive account in division on affairs of minors and an institution of a registration-preventive card

Dynamics of the basic indicators of juvenile delinquency

In Russia for 1995 - 2016

Years It is investigated the crimes made with participation

Minors

Growth /

Decrease

%

Relative density, % from all investigated crimes Factor of crimes of minors counting on 100 thousand population at the age of 14-17 years
1995 209 777 12,0 2402,2
1996 202 935 -3,3 11,0 2295,5
1997 182 798 -9,9 10,9 2030,2
1998 189 293 3,6 10,3 2029,4
1999 208 313 10,0 9,6 2183,2
2000 195 426 -6,2 8,9 2012,1
2001 185 379 -5,1 9,0 1877,5
2002 139 681 -24,7 9,1 1416,0
2003 145 368 4,1 9,6 1488,8
2004 154 414 6,2 9,8 1581,9
2005 154 734 0,2 9,1 1671,8
2006 150 264 -2,9 8,4 1761,2
2007 139 099 -7,4 7,8 1782,2
2008 116 090 -16,5 6,8 1651,0
2009 94 720 -18,4 5,7 1476,5
2010 78 548 -17,1 5,5 1314,3
2011 71 910 -8,5 5,5 1231,0
2012 64 270 -10,6 5,1 1147,3
2013 67 225 4,6 5,4 1238,3
2014 59 549 -11,4 5,0 1114,2
2015 61 833 3,8 4,9 1158,1
2016 53 736 -13,1 4,5

Quantity of the crimes made with participation of minors in territory of the Russian Federation in 2006-2016

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

The list of bodies and the establishments listed in item 1 of item 4 FZ «About bases of system of preventive maintenance of neglect and offences of minors» № 120-FZ from the June, 24th, 1999, carrying out preventive work with minors

1. To the Commission on Juvenile Affairs and protection of their rights
2. Controls population social protection
3. Federal public authorities and public authorities of subjects of the Russian Federation, carrying out the government in an education sphere, and the local governments exercising administration in an education sphere
4. Guardianship bodies
5. Bodies on youth affairs
6. Controls public health services
7. Bodies of service of employment
8. Law-enforcement bodies
9. Establishments of criminally-executive system (investigatory insulators, educational colonies and criminally-executive inspections)

The list of bodies and the establishments listed in item 3 of item 4 and other articles FZ «About bases of system of preventive maintenance of neglect and offences of minors» № 120-FZ from the June, 24th, 1999, carrying out preventive work with minors

1. The representative at the President of the Russian Federation by the rights of the child
2. Representatives by the rights of the child in subjects of the Russian Federation
3. Specialised agencies for the minors requiring social rehabilitation
4. The organisations which are carrying out educational activity
5. Special teaching and educational establishments opened and special teaching and educational establishments of the closed type
6. Bodies and culture establishments, leisure, sports and tourism
7. Public health services establishments
8. Federal enforcement authorities in which the legislation of the Russian Federation provides military service
9. Office of Public Prosecutor


I

tim

»« Ti ' ll ■ »•« «• *» § - І I *1 JdA9d3J.30-t>

ju

\o

The appendix 9

J ____

141

I ЇЇ СТРУОДІЯ

GO І’О. І ОВЬИІЬ

MOSCOW THE FLOOR ІІ ЦП1.

It жввотмьіхі and domestic »"bo"g on уJйду and even on court yard дневі held ихі not differently, ваиі ві. zaperti from in улиці and but Oo -

— 23 —

zhjaraija, immediately «gganaolivelisk oo to the first the requirement about to§g chnvov полиціи.

§ 39. To observe. That drivers avgaazhe і, hri - ought, chastpyja lidak to izkoshchvki:

During the Ode kept right storoni;

Went JrNfcpCBHii soon in ostorozhii, especially at vgbzdv from a court yard, a pas uglah улиц* and to recrosses, say lies to turns;

Were v ring Biut;

aajudilis tsostojajavo at the mimph, not a descent s дозелі and ve were pushed on tratuarlh;

bsznrskoslovni kspoljajalk-raspor_zhen і ї a floor - ціи Bi ognoshensh an order taju sh ulshshm, on її time - ls іі p jakipazhej I at казаній for ихі устлшюігь;

Obeyed predupreadeish, ділаеммхі shsh - ціею, and also првйиавщиі and prohodish them, and Bi the turn warned оіриаян npot »- zhajushchik and passing.

§ 40. K vzvozu not to suppose iesoaershenvol_t - iih' and obviously weak.

чоловіка, to you prestupiiia. klja budut to pursue бігущаго the thief, from. должен* to help va - to hold convicted and to forward, in місті e pursuing his faces, ві uchaste BI.

§ 130. For it is detained! »ubgajushchago the thief or drugago any criminal to the policeman dozvo - metsi to take bezplatno vejakago porozhingo izvovdiva.

§ 131 Iti slucha ї веповмяовевія расворяжевіямі полнціи, the people, prompting g seiu to detain Bi to deliver ні Police Гправлвяіе.

8) UcoOuh ooiaaipostsh городоіиіь. сгонииіь on nostah on набережный* r-jav p kanjalov.

§ 132. Policemen, стоящіе va to posts on naberezhnim рігь to channels і, кроні нсполневія tclxi stated above obizavnostej, should observe still:

That nobody bathed ia opened містам; •

That діти ju were left bez supervision near to water and bez the adult did not go for a drive willows to boats,

■ IN S


Data on total of the parents (legal representatives) who are consisting on the account in PDN and taking alcoholic drinks, narcotics and psychotropic substances

Consists on the account in PDN on the end of the accounting period Year
2011 2012 2013 [515] 2014 2015 6 months 2016
146 420 138 600 136 354 131 961 134 133 137 404
+, - By 2011, % -5,6 -7,4 -11,0 -9,2
Taking alcoholic drinks 89 462 92 387 92 902
Share from consisting on the account, in % 67,8 68,9 67,6
Using narcotics or psychotropic substances 3321 2984 2900
Share from consisting on the account, in % 2,5 2,2 2,1

The table is constituted with use of statistical reporting GIATS the Ministry of Internal Affairs of Russia. - the form "18 (180) section 6 [the Electronic resource]. - an access Mode. - the integrated multiservice telecommunication system (IMTS OVD) (Date of the reference 22.12.2016).

The comparative table of criteria of state of drunkenness according to various standard legal acts

The order of Ministry of Health of the Russian Federation from July, 14th, 2003 № 308

(Has become invalid for 18.12.2015)

The governmental order of the Russian Federation from June, 26th, 2008 № 475 The order of Ministry of Health of Russia from December, 18th, 2015 № 933н
Smell of alcohol from a mouth Smell of alcohol from a mouth Smell of alcohol from a mouth
Instability of a pose and unsteadiness of gait Instability of a pose and unsteadiness of gait Instability of a pose and unsteadiness of gait
Speech infringement Speech infringement Speech infringement
Sharp change of colouring of integuments of the person Sharp change of colouring of integuments of the person Sharp change of colouring of integuments of the person
The behaviour mismatching conditions Behaviour, not

The corresponding

To conditions

The expressed trembling of fingers

Hands

Alcohol presence in the exhaled air, defined by the means of indication registered and resolved for use in the medical purposes and recommended for carrying out of physical examination on state of drunkenness.

Dynamics of the basic indicators of administrative violations of minors in Russia for 2011-2015

Year
It is constituted by employees of police of reports on minors 2011 2012 2013 2014 2015
273 356 216 773 193 171 194 565 215 055
For consumption (drinking) of alcoholic production in the places forbidden by the federal act (ч.1 item 20.20 KoAP) till 2014 (ч.1, 2 items 20.20 KoAP) 58 747 43 012 31 015 39 848 40 618
For occurrence in public places in state of drunkenness (item 20.21 KoAP) 90 223 70 348 61 101 48244 37 506
Share of reports on ch. 1 items 20.20, 20.21 KoAP the Russian Federation from total of reports on minors 54,5 52,3 47,7 45,3 36,3
On parents (legal representatives) for a finding in state of drunkenness of minors, consumption (drinking) by them alcoholic and

spirtosoderzhashchej production or consumption of narcotics by them or psychotropic substances (item 20. 22 KoAP)

79 187 60 663 47 306 44 147 41 496
Parity of minor offenders of not reached age adm. Responsibility to persons of the reached 16 years 0,532 0,535 0,514 0,501 0,531

The table is constituted with use of statistical reporting GIATS the Ministry of Internal Affairs of Russia. - the form "18 (180) section 5 [the Electronic resource]. - an access Mode. - the integrated multiservice telecommunication system (IMTS OVD) (Date of the reference 11.10.2016).


The generalised data reflecting opinion of employees OVD (police) about necessity of introduction of administrative responsibility from 14-year-old age

It is necessary It is necessary, for separate kinds of offences Total of respondents supported idea of decrease in age

The administrative

Responsibility

There is no such necessity
Data of expert interrogation of 23 chiefs of departments (branches) of regions PDN of Russia trained on the Higher Academic courses of Academy of management of the Ministry of Internal Affairs of Russia in November, 2013 85,7 % 85,7 % 14,3 %
Data of interrogation of 48 employees of departments (branches) PDN territorial bodies of the Ministry of Internal Affairs of Russia of the Tula area in March - April, 2014 85,4 % 85,4 % 14,6 %
Data of expert interrogation of 33 chiefs PDN and TSVSNP at level of subjects of the Russian Federation (the Central, Northwest, Privolzhsky, Southern, North Caucasian, Ural, Siberian, Far East federal districts), spent in November, 2015 (in to Moscow) and August, 2016 (in Omsk) 12,1 % 72,7 % 84,8 % 15,2 %
In total 104 employees PDN and TSVSNP (56 heads of divisions of subjects of the Russian Federation) are interrogated. Average value 85,3 % 14,7 %
Data of interrogation of 248 employees OVD from more than 50 regions (163 heads from central office (9 %) are interrogated, territorial divisions regional (55 %) and regional (36 %) the levels which were trained at 2, 3, 4 faculties, the Higher academic courses of Academy of management of the Ministry of Internal Affairs of Russia from November, 2015 till September, 2016 24,5 % 66,4 % 91,8 % 8,2 %
In total 352 employees (since November 2013 till September, 2016) are interrogated. Average value 18,8 % 77,6 % 86,9 % 13,1 %

The appendix 16

The generalised data from reports of the Commissions on Juvenile Affairs and protection of their rights for 2015

g Great Novgorod Hanty-Mansijsk of joint-stock company Jugry Of Surgut of joint-stock company Jugry Alejska

The Altay

Edges

The Vurnarsky

Area

Chuvashiya

The Zakamensky

Area

Republics

Buryatiya

The Hvojninsky

Area

The Novgorod

Areas

The Krutihinsky

Area

The Altay

Edges

1 Quantity of the considered affairs about administrative violations on minors 338 101 149 66 50 18 15 8
2 From them it is ceased affairs of all 20 38 41 3 7 9 4 1
3 % From total of the involved 5,9 37,6 27,5 4,5 14,0 50,0 26,7 12,5
4 n/l are relieved from responsibility on ch. 2 items 2,3 KoAP the Russian Federation 1 0 0 0 0 0 0 0
5 n / summer are relieved from responsibility under item 2.9. KoAP the Russian Federation (insignificance) 0 0 0 0 0 0 0 0
6 In connection with absence of structure or offence event (item 1, item 2 ch. 1 items 24.5 KoAP the Russian Federation) 2 0 11 0 6 2 0 0
7 In connection with the expiration of limitation periods of impeachment (and. 6 ch. 1 items 24.5 KoAP the Russian Federation) 17 38 30 3 1 7 4 0
8 On other bases of item 24.5 KoAP the Russian Federation 0 0 0 0 0 0 0 1
9 It is appointed administrative punishments by the minor of all 57 101 63 42 15 7
10 From them: in the form of the penalty 216 90 55 42 15 7
11 % Punishments in the form of the penalty 67,9 89,1 87,3 95,2 100,0 100,0
12 Total sum of penalties (in roubles) 376 500 106 200 22 800
13 It is directed decisions about exaction of a penalty 116 3
14 For the sum 139 400 5 800
15 In the form of the prevention 11 8 2 0

287

4 About the statement of Approximate position about the Commissions on Juvenile Affairs and protection of their rights: the governmental order of the Russian Federation from November, 6th

2 About activity of law-enforcement bodies under the prevention of crimes

3 Questions of the organisation of activity of district militia officers of police »the district militia officer of police: the order of the Ministry of Internal Affairs of Russia from December, 31st, 2012 № 1166 (red. From 08.09.2016)//Dews. Gas. 2013. On March, 27th; About the statement of the instruction on the organisation of activity of divisions on affairs of minor bodies

3 Agapov A.B.Administrativnaja responsibility. M, 2004. With. 18;

<< |
A source: Kirjuhin Vladimir Viktorovich. ADMINISTRATIVE ACTIVITY of POLICE ON PREVENTIVE MAINTENANCE of OFFENCES of MINORS: TEORETIKO-LEGAL BASES And PERFECTION DIRECTIONS. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

Download original source

More on topic Appendices:

  1. Appendices
  2. Appendices
  3. model of "a newspaper family»: appendices and thematic releases
  4. mobile appendices as the electronic channel of realisation of economic goods.
  5. APPENDICES
  6. APPENDICES
  7. APPENDICES
  8. Appendices
  9. Appendices
  10. Appendices
  11. APPENDICES
  12. Appendices
  13. appendices
  14. APPENDICES
  15. APPENDICES
  16. Appendices
  17. Appendices
  18. Appendices