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 |
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The appendix 9
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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;
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