concept, essence, kinds and the basic characteristics of administrative activity of police of sphere of preventive maintenance of offences of minors

For any jurisprudence, including administrative law, the major value has the conceptual device developed at the initial stage of research and representing the form of development of the legal validity and a result of received knowledge of the legal phenomenon.

There are various positions concerning terms. One of them consists that the term is a special word in natural language lexicon, and, differing from usual words, it always should express strictly fixed concept; thus «the term should be short, deprived a polysemy, sinonimii (all term and its components), homonymies» [10]. Other point of view is based that «terms it not special words, but only words in special function» [11].

In our opinion, in each scientific concept and of each category always is available conventional, i.e. The conciliatory party - researchers agree and agree to accept any scientific term, concept, a category as the carrier of the certain information, convenient operational unit. Without specification of circumstances of consideration of a historical, functional and target context it is impossible to agree about essence of legal concept or a scientific category.

For legal science theoretically and methodologically important an establishment of the objective maintenance of legal concepts and categories.

«Scientific concepts are substantial representations about natural both essential in the phenomena and processes surrounding» [12]. And legal categories - «the deepest, fundamental concepts which are a limit of generalisation... In a certain field of knowledge» [13].

K.Marx's thesis that «is known... The state cannot be considered simply as the validity, it should be considered as activity, as the discriminated activity» [14].

The word-combination «administrative activity» became the integral element of life of administrative law, it ponjatijnokategorialnym nearby, it communicates, first of all, with activity of various enforcement authorities, rivets steadfast attention of researchers and becomes object of their studying, as within the limits of functioning of separate enforcement authorities [15], and separate directions of activity of one body or its divisions [16].

Certainly «administrative activity» not simply term and the concept used in scientific researches, in pravoprimenitelnoj and educational activity. It is a fundamental, scale and universal legal category which cannot be settled within the limits of one scientific work or a series of research projects.

It is necessary to agree with S.S.Kupreeva's specifying in existence of objective requirement for development of the general conceptual device and sights at the maintenance of administrative activity [17] point of view.

Absence of accurate representation about the maintenance of the given concept, various semantic and interpretatsionnye nuances do not allow while to provide its wide use at the characteristic of activity of all system of enforcement authorities.

Utility of the term, concept, category for the tool analysis exists only at its deprivation razmytosti and uncertainty, filling by its conceptual maintenance.

To understand concept «administrative activity», it is necessary to address to etymology [from other-grech. exu^ov - true, major importance of a word and Xoyo ^ - a word, judgement, the doctrine] and semantics [from other-grech.

an^avxiKo ^ - designating] the words forming the given word-combination.

In S.I.Ozhegova's dictionary a word "administration" [from an armour. minister - I) helping, promoting; II) the servant, improvised; ad+minister - the attendant, the servant; administrativus - concerning management, execution [18]] has two values - «1) enforcement authorities, managements; 2) officials of management» [19].

Concept "activity" [from it is old. Glories. delo - work, work, an act, act [20]] reveals as «1) employment, work; 2) work of any bodies, forces of the nature» [21].

D.N.Ushakov's explanatory dictionary contains adjective definition «administrative, - aja» - concerning a control system, to administration bodies, «made by the order of the enforcement authorities","necessary for the manager» [22]. And the word "activity" is interpreted as «work,

Regular application of the forces in any area »[23].

In «the administrative law Dictionary» contains twenty eight concepts with an adjective «administrative (th, th,)» [24], however article «administrative activity» is absent.

The given circumstance does not allow to exclude «administrative activity» from sphere of is administrative-legal researches, and only specifies in insufficient conceptual definiteness, presence of some blank and perspectivity of scientific judgement of this phenomenon in the government.

The semantic analysis specifies in communication of administrative activity with management, that is realisation of management by means of such activity. Administrative activity is professional labour activity in the sphere of the government which is coming under to a legal regulation. On modern sights, labour activity is a set conscious, purposeful, expedient and efficiency duties of people on reception or creation of the vital blessings for satisfaction of personal or public requirements [25].

The author of dissertation considers, that the istoriko-legal approach for consideration of separate marks of transformation of concept «administrative activity», revealing of the factors defining sights of scientists on it, their correlation with modern representations will help to define value of former views for a today's condition of scientific knowledge.

Theoretical researches of the French lawyers of XVII century (Z.Bake, S.Lauzo, K.Flebre) have begun consideration of discriminating signs of justice (justice) from police activity (management). So, S.Lauzo considered, that «it is necessary to distinguish more carefully the right to publish regulations (in what it is unique consists the present police right) from realisation of punishment and investigation of infringements of these regulations which depends, undoubtedly, from simple and usual justice» [26].

Interest to the executive authority has begun concept formation «administrative activity» which is connected with works German politseistov and experts on state law of Robert a background Asking «Die Polizeiwissenschaft nach den Grundsatzen des Rechrstaates» [«the Science of police on the basis of a lawful state»] (Tjubengen, 1832) and Lorentz background SHtejna «Handbuch der Verwaltungslehre» [«the Management to the doctrine about management»] (SHtutgard, 1876). L background SHtejn replaces concept «the police right» to «the management right» or "administrative law" [27].

German scientific O.Mayer in work «the German administrative law» has divided all government on two branches: legislative and executive, including management and justice [28] to which there corresponded activity kinds - the legislation, management (administrative activity) and justice [29].

N.N.Beljaevsky wrote, that long time words "police", «police activity» was designated by all forms of realisation of intrusion of the government during a private or public life. However in XIX century police began to name the governmental activity directed on creation of general terms of safety which separate persons not in a condition to provide to itself with own forces [30].

In I.E.Andreevskogo's [31] works, I.T.Tarasova [32] had been put in pawn bases of differentiation of activity of administration (executive authority) and its part - polices, and to terms of reference of last have been carried only public and private safety. Investigating administrative activity of administration and police, I.T.Tarasov noticed, that it has subordinate legislation character and is carried out by realisation of two kinds of certificates of management - orders (management normative acts) and instructions (individual pravoprimenitelnye certificates).

Russian jurist V.M.Gessen considered administrative activity as the integral line of a police state [33], as the source of positive public laws of citizens (the right on public prizrenie, the right to training) [34], separated it from police activity as which understood «not administrative activity in general but only the certain kind, the certain sort of the state activity, - the activity directed on maintenance of safety and an order, connected with application of the compulsory power» [35].

The merit of a creative heritage of the Russian jurists of boundary XIX-XX consists centuries that they have delimited administrative activity from activity police and have presented them in the ratio «the general - private».

On a database of views in pre-revolutionary administrativnopravovoj to a science representations about the difficult organisation and heterogeneity of already police activity and its division into three kinds are formed: administrative, detective and doznavatelskuju [36].

The research purpose assumes disclosing of a functional component of the state with a kind of activity (administrative) part of enforcement authority - polices - under the decision of problems of preventive maintenance of offences of minors as practically all authors are unanimous in state-imperious character of administrative activity.

In philosophy under function it is accepted to consider «external (it is allocated by the author) display of properties of any object in the given system of relations...» [37].

In the scientific literature concerning concept «state function», and also concerning groups of functions long time did not exist unities of opinions.

For today the most widespread is the understanding of functions of the state as the key directions of its activity expressing its essence and social appointment in konkretnoistorichesky the period.

Therefore it is necessary to agree with L.A.Morozovoj's who has offered following definition of functions of the state opinion: «the special mechanism of the state influence on public relations and the processes, defining mainstreams and the maintenance of its activity on management of a society» [38].

Process of research of functions of the state has led scientists to a conclusion about bilaterial communication of essence of the state and its practical activities. The essence of the state by means of functions is embodied in its practical activities.

To the beginning of 60th HH century in the state-legal literature [39] was generated the traditional approach to classification of functions of the state on the cores and derivative, internal and external.

According to the given approach various authors carried to state internal functions: protection of the socialist law and order [40], legality and law and order [41] maintenance, protection of the law and order [42], and also guarding function [43].

The author of dissertation divides J.E.Avrutina's [44] sights, and. G.Bratko [45], And. V.Melehina [46] on independence of law-enforcement function of the state. The given function is caused by objective causes of occurrence of the state-organised society and its constant requirement for safety, protections from mass and socially dangerous acts in public sphere (crimes and administrative violations).

Forms of realisation of the state functions are considered as activity of bodies of the state homogeneous for the external signs by means of which functions are realised.

S.A.Golunsky and M.S.Strogovich was allocated with following forms of realisation of functions of the state: 1) the legislation,

2) the government (administrative activity),

3) justice [47].

The most widespread classification of forms of realisation of functions of the state is their division on legal and organizational.

N. G.Aleksandrov allocated two legal forms of activity of the state - law-making and pravoprimenenie [48].

The entered I.S.Samoshchenko in domestic jurisprudence the term «law-enforcement activity» [49] is considered now by the majority of authors as the legal form of realisation of law-enforcement function of the state [50] along with set forth above.

From literal and doctrinal interpretation FZ «About police» follows, that police not the independent, isolated enforcement authority, and a part «uniform system of federal enforcement authority in sphere of internal affairs» [51], a subsystem [52] created for realisation of law-enforcement function of the state [53].

In first article FZ «About police» it is underlined, that police appointment in the Russian Federation (one of synonyms of a word "appointment" the concept "purpose" [54] is) are: first, protection of a life, health of citizens of the Russian Federation,

Foreign subjects, stateless persons, secondly, the rights and freedom of the specified subjects, thirdly, criminality counteraction, in - the fourth, public order protection, in the fifth, protection of the property and sixthly, public safety maintenance.

The similar norm contains in «Position about the Ministry of Internal Affairs of Russia» and is defined as one of six problems of the given enforcement authority [55].

In our opinion, the specified norms define areas, objects of influence (public relations) which the legislator has defined priority in activity of the Ministry of Internal Affairs of Russia (as problems), and in activity of its part - polices (as the purposes).

Considering authority functions, scientists speak about a certain kind of activity. With reference to police they are listed in item 2 FZ «About police», but we believe, that their list is not settled by the given norm.

The spent interrogation of 248 employees OVD (chiefs of departments (branches) the Ministry of Internal Affairs, and also territorial OVD regional and regional level, and TSVSNP) has revealed employees PDN, that 90,3 % of respondents consider necessary to allocate in law-enforcement activity of the state a separate direction - preventive maintenance of offences of minors, and 85,5 % consider as its independent direction of police activity (subitem 2 see, 3 appendices 1).

We believe, that in ch. 1 items 2 FZ «About police» entering of the addition defining as the basic direction of activity of police «preventive maintenance of offences of minors» is possible.

At various institutes of the Russian right of the person with the top age border in eighteen years possess a special legal status, represent itself as the special subject of law.

In international legal documents the given subject of law is called as the child [56].

It is necessary to support point of view E. O.Chinarjan that was rather important to make from legal positions definition of the term "child" or at least to designate its time borders [57].

Let's notice, that concerning an establishment of age of majority in the international and Russian right will reach the compromise. In July, 2003 in FZ № 120-1999 have been made changes defined, that

It is considered the minor the person who has not reached age of 18 years [58].

In branches of the Russian right there are features in volume of the legal capacity, capacity and deliktosposobnosti, and also in the name of age categories.

So, in civil law there is a differentiation on "juvenile" - persons aged till fourteen years, and "minors" - persons is elderly till eighteen years [59].

In the family law the person who has not reached age of eighteen years, is called as "child" who has the right to express the opinion at the decision of any family question infringing on its interests, and also to be heard during administrative or proceeding. At achievement by the child of ten years this rule becomes imperative, except for the cases contradicting its interests [60].

In the legal technics administrative and criminal law concepts "minors" are equally used and «persons are elderly till 18 years». According to item 20 UK the Russian Federation «comes under to the criminal liability the person who has reached by time of committing a crime of 16-year-old age» [61], in turn ch. 2 items 20 UK the Russian Federation are defined by the exhaustive list of structures of crimes for which responsibility comes from 14-year-old age. Now administratively-deliktnoe the legislation defines uniform age of administrative responsibility from 16 years.

The author of dissertation considers, that allocation of legal concept

"Minor" in corresponding norms of the public law it is caused by dualism: on the one hand, social and mental immaturity demands to them softer relation following from a fundamental legal principle of justice; with another - it is defined not only severity, but also the maintenance of the corrective influence finding bright lines of preventive, educational character.

With normal development of the persons who have not reached eighteen-year age, prospects of the state building, public prosperity and the nation future are connected. Therefore it is not casual, that from the middle of 90th of XX century against much crime rate of minors (the appendix 5 see) their well-being and protection become a national priority of the Russian Federation.

To start research of preventive maintenance of an offence, it is necessary to understand concept "offence", its signs and characteristics.

As a whole the offence was considered in the scientific literature in three ipostasjah: as the juridical fact [62], as socially dangerous act [63] and as the basis of legal responsibility [64].

Certainly, it is possible to be limited to the simplified instructions that offences cover crimes and administrative violations, and their legislative fastening the Russian Federation, 2.1 KoAP the Russian Federation contains in item 14 UK.

However it not to the full reflects intrinsic characteristics of such fundamental legal category as an offence which is object of steadfast attention both in general-theoretical [65], and in branch researches [66].

Separate authors believe, that the social danger is not the general sign of an offence, recognising it only behind criminal actions. So, N.N.Voplenko wrote, that the concept "social danger" is deprived a reality, being the estimated term containing

«Subjective representations of people about degree of social harm of any phenomenon» [67].

However in our opinion, any offence possesses the social danger as which display harm can act. The social danger finds the expression and in motives of behaviour, ways of fulfilment of an offence, means and tools which were used by the offender for realisation of the plan, etc.

The analysis of the legislation and scientific positions allows to allocate and other signs of an offence: first, the offence is an act.

Secondly, the offence always is act illegal.

Thirdly, the offence is an act guilty. It has found the expression not only in doktrinalnyh views, but also in the decision of the Constitutional Court of the Russian Federation from the January, 25th, 2001 which has specified, that «fault presence - the general and conventional principle of legal responsibility in all branches of law, and any exception of it should be expressed directly and unambiguously, i.e. It is fixed directly» [68].

Fourthly, the offence possesses property to generate

Legal responsibility, that is various statutory for the offender adverse consequences (physical, property, moral).

The domestic jurisprudence considers preventive maintenance of offences as one of priority directions of scientific researches, and practice of activity of law enforcement bodies - as most an effective remedy of maintenance of legality, the public safety, public order protection.

It is necessary to stop on an origin and value of concept "preventive maintenance" and on its differentiation with concept "prevention".

The term "preventive maintenance" [from grech. prophylaktikos - safety] enriches a lexical stock of Russian in beginning HH century and contacts the doctrine (science) or practical measures on prevention and protection of people from diseases [69].

Traditionally various aspects of preventive maintenance of offences (first of all crimes) were a subject kriminologicheskoj [70] and the criminally-legal science, however the essential contribution in organizational - legal maintenance of such activity was brought recently by is administrative-legal researches.

The analysis of the domestic legal literature and standard legal acts allows to allocate some approaches to preventive maintenance of offences in public sphere.

It was considered as an element of system of the state reaction to the acts possessing raised degree of the social danger, as specific sphere of social management and the control [71]; a version law-enforcement [72] and pravoprimenitelnoj [73] activity;

Activity of the corresponding subjects [74] rendering the preventive

Influence on the persons inclined to unlawful conduct [75]; set of measures of various character (social, legal, pedagogical [76], organizational, information [77]).

From all palette of sights at a parity of concepts "preventive maintenance" and "prevention" probably to allocate following approaches:

1) suppression, prevention, preventive maintenance were defined as

Synonymic (equivalent) concepts [78]. The given approach has allowed

To generate the point of view about end of scientific discussion concerning concepts of sphere of preventive maintenance and the prevention of offences [79] that mismatches legislative representations on a parity of the given concepts;

2) preventive maintenance was considered as an element (along with the prevention and suppression) in system of prevention of crimes [80];

3) the prevention and preventive maintenance were considered as patrimonial and specific понятие1;

4) the prevention was considered as strategy, and preventive maintenance - as tactics of this activity [81 [82].

For development of the independent point of view on the conceptual device it is necessary to address from doctrinal interpretations to operating standard legal acts in the specified sphere.

In FZ № 120-1999 under preventive maintenance of neglect and offences of minors are understood «system of the social, legal, pedagogical and other measures directed on revealing and elimination of the reasons and conditions, promoting neglect, homelessness, offences and antisocial actions of the minors who are carried out in aggregate with individual preventive work with minors and families, being in socially dangerous position» [83].

The similar legislative definition contains in become effective on September, 22nd, 2016 FZ «About preventive maintenance» where preventive maintenance reveals as «set of measures of the social, legal, organizational, information and other character directed on revealing and elimination of the reasons and conditions, offences promoting fulfilment, and also on rendering of educational influence on persons with a view of bar of claim by lapse of time of fulfilment of offences or antisocial behaviour» [84].

In item 2 FZ № 120-1999 are used wide concept

"Preventive maintenance" which is provided with the decision of following problems -

The prevention, protection maintenance, rehabilitation

Minors etc.

In FZ «About police» [85] meets both the term "prevention", and the term "preventive maintenance".

In item 2 FZ «About police» one of the basic directions of activity of the given body defines «the prevention and suppression of crimes and administrative violations» [86].

The term preventive maintenance is used concerning the activity connected with neglect and offences of minors [87]. Participation in the given activity, along with other subjects listed in the law is offered to police only.

From the point of view of FZ № 120-1999 g, FZ «About police» concepts preventive maintenance and the prevention correspond as patrimonial and specific, the general and private.

Levels of precautionary activity have been in detail enough developed by domestic criminologists: A.I.Alekseevym, J.S.Zharikov, S.I.Kurganovym, V.P.Revinym, V.V. Revinoj which allocate two levels of precautionary activity: obshchesotsialnoe (general) and specially-kriminologicheskoe (special) prevention [88].

In our opinion, it is necessary to agree with V.N.Kudryavtsev, V.N.Burlakova's point of view which specified in three basic levels of the prevention of offences: obshchesotsialnyj (obshchesotsialnaja preventive maintenance), specially-kriminologichesky (the general preventive maintenance), individual (individual preventive maintenance) [89].

Obshchesotsialnye measures (creation of new workplaces, development of agriculture, the industry, etc.) influence on sotsialnoekonomicheskoe society development and by that the prevention of offences through social mechanisms the distinct from law-enforcement.

The social and legal mission of police, certainly, can be considered in a realisation context obshchesotsialnyh prevention measures. However the basic directions of activity of police - special kriminologicheskaja and individual preventive maintenance.

FZ «About preventive maintenance» such kinds of preventive maintenance of offences are called "general" and "individual".

The general preventive maintenance directed on detection and «elimination of the reasons generating offences, and the conditions promoting fulfilment of offences, and also on increase of level of legal literacy and development of sense of justice of citizens» [90] is not a subject

Special studying within the limits of the given dissertational research.

Individual preventive maintenance concerning minors will be in more details considered in the second chapter of the dissertation.

It is represented lawful to allocate police as the independent subject of preventive maintenance of offences of minors as it includes divisions, the centres, services which including reveal and eliminate the reasons of crimes and administrative violations and a condition, promoting them

To fulfilment, also participate in preventive maintenance of offences

Minors [91].

In one of the first theses for a doctor's degree of the Soviet state on I.I.Evtihiev's administrative law has come to the major conclusion having methodological value, that «the concrete maintenance of administrative activity should be defined by those problems which the government at a certain stage of development» [92] urged to resolve.

In our opinion, without knowledge of a place of the state body of the mechanism of the government, definition of its legal status it is impossible to argue on administrative activity of the given body.

Not opening in detail theoretical positions of a legal status of the state body, we will notice, that D.N.Bahrah has offered the scheme of division of administratively-legal status state collective subjects on three blocks: 1) the target; 2) structurally-organizational; 3) kompetentsionnyj [93]. It is possible to take advantage of the given scheme as the working tool.

The major part, quintessence, "core" of a legal status of the state body is its competence.

With reference to research it is considered proved point of view JU. M.Tikhomirov who has specified, that the competence is a complex of officially fixed ways of realisation of the public functions, developing of direct kompetentsionnyh elements. The given elements concern: 1) terms of reference (legally established areas and objects of influence); 2) imperious powers (the possibility of decision-making given by the legislator); and also a number of accompanying elements, the main thing from which are the purposes - the long-term standard orientation expressed in the permanent decision of arising problems by means of realisation of the competence [94].

Passing to the characteristic of the maintenance of administrative activity of police in sphere of preventive maintenance of offences of minors, it is necessary to stop is short on a parity of the given concept with such legal categories as «administrative process», «administrative manufacture», «administrativnojurisdiktsionnyj process» and "administrative procedure".

We believe incorrect to identify concept «administrative activity» and «administrative process» [95] as last acts as the form of the organisation of such activity.

In 40th years HH century I.I.Evtihievym has been put the arrogant problem which has not found of the uniform decision till today, - definition of the maintenance, volume, and also the basic lines of concept of administrative process [96].

S.S.Studenikin understood set of remedial rules on which basis executive activity [97] is carried out as administrative process.

The theoretical design of administrative process was formed in frameworks «jurisdiktsionnoj concepts» which between administrative process and is administrative-jurisdiktsionnym

Process put an equal-sign, and it was considered as activity on pre-judicial settlement of disputes administratively and on application of measures of administrative compulsion [98].

At a statement of the given concept administrative manufacture was considered as the phenomenon much wider, than administrative process.

G.I.Petrov, JU. M.Kozlov, one of the first studied the given phenomenon of the legal validity from conceptual positions, specified, that administrative process can be considered as «in a broad sense (as the remedial form of executive activity of state bodies) from acceptance of the legal act of management before imposing of official penalties» [99], and in narrow sense (activity of state bodies on

To consideration of concrete individual affairs) [100].

Not numerous group of scientists, proving the concept of administrative legal proceedings, stated judgements about

Administrative process as about court activity on realisation of norms of the administrative law of procedure [101], the permission of complaints of citizens and legal bodies on illegal acts (inactivity) and the decision of controls [102].

Now the majority of scientists-administrativistov adhere to wide treatment of administrative process, so-called.

«The administrative concept» also understand as it the diverse phenomena covering realisation of norms of material administrative law [103].

The given point of view also "founder" «jurisdiktsionnoj today follows the concept» N. G.Salishcheva who suggests to divide administrative process into following kinds:

1) administrative procedures (external display of public powers by authorities, i.e. In their relations with the subjects who are not in submission [104]);

2) an administrative jurisdiction (as the manufacture connected with the administrative appeal of illegal certificates, manufacture on affairs about administrative violations);

3) administrative justice (as a special kind of legal proceedings under complaints to illegal certificates) [105].

It is represented to us, that for an establishment of legal essence, for lack of legislatively fixed definitions «administrative process» and "administrative procedures" [106] it is necessary to address to the analysis of the scientific literature and to reveal approaches which are used for definition of the specified concepts.

So, the European legal doctrine connects concept «administrative process» with administrative legal proceedings (justice), and "administrative procedure" - with activity of "bodies of public administration» [107].

At the second approach there is an identification of concepts «administrative process» and "administrative procedures" [108].

The third approach assumes, that the specified phenomena possess absolutely different intrinsic characteristics and cannot be considered as the phenomenon of one order [109].

The fourth approach considers procedure as action of the subject, and process - as the standard requirement to such action [110].

Last approach is partially used in the legislative technics. So, in certain cases under an administrative procedure mean action [111].

We believe, that within the limits of the given research correct from the methodological point of view will adhere to "the administrative concept» administrative process, considering it as the form of administrative activity of the police, consisting of administrative manufactures and procedures.

It is necessary to understand as administrative manufacture historically developed, legally or doktrinalno a certain order of consideration of similar affairs under the maintenance, resolved various (plural subjects) enforcement authorities on uniform or similar standard requirements.

Administrative procedures - one or several interconnected legally significant actions of officials at realisation of the functions assigned to them fixed by rules of law, establishing ideal (desirable), necessary and sufficient models of their behaviour.

Administratively-jurisdiktsionnuju it is necessary to consider activity as a special kind of administrative manufactures. The most settled part constitutes - manufacture on affairs about administrative violations, and also with the account doktrinalnyh positions to them it is necessary to carry manufacture under complaints and disciplinary manufacture which do not enter into a subject of dissertational research.

For more accurate explanation of the maintenance of administrative activity of police in sphere of preventive maintenance of offences of minors it is necessary to pass to consideration of its kinds.

Classification of administrative activity can

To be spent on the various bases:

1. Depending on mutual relations of the subject and the addressee of influence discriminate:

External administrative activity;

Intraorganizational administrative activity [112].

It is necessary to notice, that a significant amount of scientists are

Supporters of the so-called "narrow" approach to the maintenance of administrative activity also delimits it from intraorganizational activity and normotvorcheskoj activity [113].

We believe, that within the limits of research it is necessary to adhere doktrinalnoj to the point of view about a recognition of intraorganizational detail a kind of administrative activity.

The given position is supported by 32,4 % of respondents from among employees OVD, at the same time the "narrow" approach 3,7 % of operating employees OVD (subitem 5.2 see divide only, 5.3 appendices 1).

However we consider, that it has only auxiliary (facultative) character in relation to external, allowing, on the one hand, to order (samoorganizovat) activity of employees, to select the most comprehensible and effective methods (ways, tactical receptions) their activity and to allocate with their appropriate guarantees in mutual relations with employers, including in the course of reception, moving, dismissals from service, attraction to a disciplinary responsibility, on the other hand, to provide legality, the rights and freedom of the citizens involved in administrative activity, to make the government in sphere of internal affairs transparent for public control.

2. From the point of view of a validity of results of activity -

Allocate normotvorcheskuju and pravoprimenitelnuju activity.

Normotvorchestvo can be called pravoustanovitelnoj as police activity. The structure of federal enforcement authorities includes the Ministry of Internal Affairs of Russia [114] which possesses the right of the edition of the departmental standard legal acts extending on activity of police, allowing more dynamically and flexibly to provide execution of laws.

Result pravoprimenenija are individually directed administrative acts.

3. Depending on hierarchy (level) of the subjects who are carrying out administrative activity in sphere of preventive maintenance of offences of minors, discriminate following levels of administrative activity:

At federal level the Ministry of Internal Affairs of Russia [115] is carried out by a department organizatsionnometodicheskogo maintenance of activity PDN UOPZHSiDIAZ GUOOOP.

At regional level - the Ministry of Internal Affairs on republics, GU () the Ministry of Internal Affairs of the Russian Federation on other subjects of the Russian Federation;

At local level - departments (branches) of the Ministry of Internal Affairs of Russia on areas, cities and other (or several) to municipal unions.

4. According to specialisation of the police divisions which are carrying out administrative activity, they are subdivided:

1) on realised by the subjects specially created for realisation of preventive work with minors (PDN, TSVSNP). The given divisions are directly specified in item 21, 22 FZ № 120-1999, their basic function is realisation of preventive work with minors;

2) the activity of other divisions connected with teenagers, but not being for them the basic and entering into more wide range of duties (PPSP, service of district militia officers of police, motor licensing and inspection department, IVS, divisions of criminal investigation department, division on counteraction to extremism, etc.).

5. Depending on the influence form it is possible to allocate following kinds of administrative activity for the minor:

1) it is administrative-jurisdiktsionnaja:

Administratively-nakazatelnaja (a premise of the minor in TSVSNP, attraction of the minor or his parents to administrative responsibility);

Is administrative-protective (attraction to administrative responsibility of the persons involving teenagers in the use alcoholic and spirtosoderzhashchej of production, such goods carrying out sale).

2) kontrolno-supervising (statement on the preventive account; the control over the meeting commitment, assigned by court (a finding at night at home, bar of claim by lapse of time of the admission of employment in educational institutions without valid excuse etc.);

3) rehabilitation (rendering assistance in employment, a direction in profile changes in improving campaign, involving in social useful occupations of public and sports character [116]).

6. Depending on a way of influence:

1) the activity having direct influence, expressed in direct contact to minors (at carrying out of preventive conversations, at realisation of coercive measures (detention, dostavlenie, etc.);

2) activity on rendering of the mediated influence (conversation with parents, teachers, friends to the teenager; attraction of parents or other persons to administrative responsibility).

The maintenance of administrative activity of police constitutes set of the administrative manufactures ordered or supposed by standard legal acts and administrative procedures, and also other actions (organizational-technical, personnel character, etc.) which performance provides achievement of objects in view.

I.I.Evtihiev, considering administrative activity of state bodies, gives exclusively exact and substantial formulation, that it «activity ispolnitelnorasporjaditelnyh bodies in the form of the edition of certificates of management and application of coercive measures» [117].

Long enough time conceptual space of administrative activity was formed in works of scientists of system of the Ministry of Internal Affairs and studied from the point of view or OVD, or militias. Therefore there was a number of approaches which, in our opinion, are the good precondition for consideration of administrative activity of police in whole and in sphere of preventive maintenance of offences of minors in particular.

One of approaches can be designated conditionally as functional. Such researchers, as L. M.Rozin, F.E.Kolontaevsky opened concept of administrative activity of militia by transfer of the basic directions of activity of the given body. So, F.E.Kolontaevsky, marking executive character of such activity of militia, has listed its directions with a binding to a concrete historical epoch (the beginning of 70th HH century) - «realisation of external service, passport and the licensing system, administrative supervision» [118] etc.

The similar formulation contains in the dictionary-directory

"Administrative law" in article «administrative activity of law-enforcement bodies» where is underlined, that it consists «in the control and supervision of observance of rules of passport system... Fire safety» [119].

Recognising scientific character of the given approach to definition of administrative activity, it is necessary to establish, that it cannot apply for universality as dynamics of development of the state OVD changes the maintenance of directions of their activity. For example, now fire safety is not included into directions of activity of bodies of system of the Ministry of Internal Affairs of Russia.

JU. P.Solovej, opening essence of administrative activity of militia, used an exception method (a negative method), specifying, that this activity is not detective or remedial [120].

From four presented variants of answers of the questionnaire and the questionnaire, the specified sight has got the greatest support, reflecting representations of 38,9 % of interrogated employees OVD, 46,9 % of members of expert group (item 5.1 of the appendix 1, item 3.1 the appendix 2 see).

Thus JU. P.Solovej did the reservation, that the similar conclusion is insufficient for the characteristic of all completeness of such activity.

The given approach allows to use concept of administrative activity very widely and cannot lead to unequivocal result at definition of the maintenance, borders and essence of such activity.

For example, if to recognise intraorganizational activity as administrative its elements can be seen at realisation operatively-razysknoj and criminal procedure

Police activity.

We believe, that as a whole operatively-razysknaja and ugolovnoprotsessualnaja activity kinds have more accurate borders, differing from administrative activity by sphere of public relations, circle of participants, the purposes, problems, the remedial form (certain order of activity of subjects and fixings of its results), the strict list of investigatory and other legal proceedings or operatively-razysknyh actions, bolshej degree of intrusion into a private life of citizens, restriction of their rights and freedom that predetermines realisation of a wide range of such actions and actions in pre-judicial manufacture on criminal cases on the basis of the decree. Also that the most important - their establishment is exclusive federal acts. For example, item 6 of the Federal act from August, 12th, 1995 № 144-FZ [121] contains the exhaustive list from fifteen operatively-razysknyh actions.

The order of the Ministry of Internal Affairs of Russia from June, 19th, 2012 № 608 [122] defines 12 divisions of system of the Ministry of Internal Affairs, possessing competences to carry out HORDES, and for each concrete division the list operatively-razysknyh actions which it has the right to spend contains. In particular, powers of the divisions providing interaction with law enforcement bodies of the foreign states, extend only on prompting of inquiries, interrogation, an identification of the person.

A number of authors was made by attempts to define administrative activity through system of the basic signs of such activity (a positive method). Recognising certain lacks of the given approach (high level of the abstraction, insufficient definiteness of criteria for a choice of essential signs), it is necessary to establish its objective necessity and high efficiency for scientific knowledge. In jurisprudence the definition problem as logic operation consists in disclosing of the maintenance of these concepts with instructions only on the essential signs of a studied subject distinguishing it from other public phenomena and delimiting from other legal.

D.N.Bahrah, considering administrative activity from general-theoretical positions, understands as such activity the regular, continuous organisation directed on preservation of social system, its strengthening and development [123].

The correct and substantial concept of administrative activity of militia is offered to L.L.Popovym who characterised it as «the executive activity of its bodies consisting in the organisation and direct practical realisation of protection of a public order and rendering of assistance and the help to citizens in realisation of their rights and legitimate interests» [124].

Essential value of the given definition to us sees that actually four decades prior to legal fastening [125] socially focused activity of such law enforcement body as the police has been developed a theoretical postulate on necessity first of all by means of administrative activity to satisfy requirements of citizens for realisation of their rights and interests for situations of criminal and not criminal character.

Studying of administrative activity of the Soviet militia has allowed researchers to allocate essential signs of such activity: state-imperious and executive character, podzakonnost, organizujushchy (creative) character, a preventive orientation [126], a continuity (daily occurrence), application of direct compulsion, the organisation on military type [127].

From 248 interrogated employees OVD of 84,7 % of respondents consider, that administrative activity of police has in itself the greatest preventive potential, at the same time in favour of HORDES 11,3 % interrogated, and criminal procedure - 8,1 % (item 4 of the appendix 1 see) have expressed only.

O.I.Beketov named following signs of administrative activity: subordination and the liability for control representative and to government executive powers; wide volume of discretionary powers (from fr. discretionnaire - depending on the personal discretion); publicity; uregulirovannost the administrative

The legislation [128].

In the legal literature practically does not cause scientific polemic the statement, that considered activity is realised by is administrative-legal means and in is administrative-legal forms [129], consists «in direct, daily and practical realisation of functions and state problems in sphere of internal affairs» [130].

Recognising scientific value and uniqueness of the listed signs of administrative activity, we consider, what not all from them have indisputable character and are applicable to the purposes of the present research.

For example, administrative activity define as subordinate legislation; along with it the given sign is covered by a sign «executive character», specifying in its functional role in the given activity from the point of view of system of separation of powers.

Really, a main destination of such activity - to execute decisions of a legislature of the power, that is to execute the law according to certain procedure.

The organisation on military type »[131] (unfortunately, not opened by the author) allows to doubt and the characteristic offered for administrative activity«, probably reflecting structural construction of separate divisions (for example, PPSP) and their division into roty-regiments-battalions, that as a whole is atypical for other divisions.

Use possibility in such activity of fire-arms, our way to opinion, mismatches its essence and can be considered only as the exclusive extreme form of display, and accordingly, cannot characterise activity as a whole.

The carried out analysis of various sources has allowed to allocate essential signs for administrative activity the polices possessing some elements of universality, applicable to the purposes of the present research.

First, this activity has executive character that specifies in system of separation of powers in its functional role, called to execute the decision of a legislature of the power and the basic social mission - to execute the law.

According to the Constitution of the Russian Federation the executive authority, along with legislative and judicial, is one of branches of the government and represents set of powers on an administration of state affairs. The basic structural links of the executive authority of modern Russia are the federal ministries, services, agencies. Only the federal ministry is engaged in development of a state policy and is standard-legal regulation in the established field of activity. The given position to the full extends on the Ministry of Internal Affairs of Russia.

The constitutional Court of the Russian Federation in one of the definitions has noticed, that the certificate is not standard if its positions have operativnorasporjaditelnyj character, contain the concrete instructions limited in time addressed to certain subjects [132].

In turn, federal services, federal agencies are the bodies which are engaged pravoprimenitelnoj in activity, and only «within the competence can publish individual legal acts. They have not the right to carry out is standard-legal regulation, except the cases established by the decree of the President of the Russian Federation or the governmental order of the Russian Federation» [133].

Secondly, administrative activity of police is formed by numerous and diverse actions on the character of its employees approved or supposed by a positive law.

Thirdly, administrative activity of police as any enforcement authority, realises public (public) interest and should be directed on achievement of distinctly realised result, i.e. The purposes.

In first article FZ «About police» the objects acting as the vital interests, representing set of the requirements which satisfaction provides existence and possibility of development of the person, a society and the state are listed.

The police a priori cannot provide all complex of the rights and freedom of subjects of law, otherwise it would change for herself practice of all enforcement authorities. At the same time the police owing to large number and territorial availability continues to provide protection and protection of a wide range of public relations in public sphere from illegal encroachments.

Fourthly, as the kind of state-imperious activity it is realised on the basis of the certain principles, specific is administrative-legal methods and in inherent administrativnopravovyh forms.

For each division of police the given kinds of forms and activity methods can be the general and unique, and borders of their application are defined both laws and departmental certificates, and discretionary powers of officials.

Therefore administrative activity is non-uniform under the maintenance and can be realised as in the "negative" form (realisation of coercive measures, attraction to legal responsibility, statement on the preventive account), and in positive (legal propagation, rendering assistance in employment).

Fifthly, is administrative-legal activity consists in realisation of norms first of all administrative law, and being a component of law-enforcement activity of the police which purpose - legal order maintenance, acts also as the material guarantor of protection and protection not only public relations, but also the right as social value.

As subjects of administrative activity of police it is necessary to consider all officials authorised by the law to carry out on a constant or time basis it is executive - administrative actions in considered sphere.

On the basis of the above-stated on preventive maintenance of offences of minors it is necessary to understand set of executive actions of officials of the police realising law-enforcement function of the state as administrative activity of police, within the limits of a positive law in the is administrative-legal forms, inherent methods, with use of corresponding measures and the procedures directed on protection of public public relations from illegal acts of minors and persons, capable to make on their impact, by influence on their consciousness and will.

In summary it is necessary to draw following conclusions.

1. Under the influence of works of German scientists of the middle of XIX century R a background Asking and L background SHtejna in the beginning of XX century in the Russian police (administrative) right is formed substantial and conceptual representation about administrative activity of enforcement authorities, there is an allocation of police activity as its specific kind, compulsory influence differing by raised degree for the purpose of legal order and safety maintenance, there are representations about heterogeneity of the given activity.

2. Concerning minors, proceeding from the legal interpretation, it is necessary to consider as preventive activity of police its participation in realisation of legal, social and pedagogical measures, and the prevention of crimes and offences of minors - a complex of the is administrative-procedural actions which are carried out by structural divisions and employees of bodies of police within the established competence.

3. Research of administrative activity in considered sphere has allowed to classify kinds of administrative activity in considered sphere, proceeding from various criteria: mutual relations of the subject and the addressee of influence (on external and intraorganizational); a validity of results of activity (on normotvorcheskuju and pravoprimenitelnuju); level of the subjects who are carrying out activity (on the activity which is carried out at federal, regional and local level); specialisations of police divisions (on the activity realised by subjects, specially created for realisation of preventive activity with minors, and activity of other subjects); influence forms (on administrative-jurisdiktsionnuju; kontrolnonadzornuju; rehabilitation); a way of influence on the minor (the activity rendering direct and mediated influence).

4. Within the limits of research of administrative activity of the Soviet militia there were following approaches: 1) through transfer of the basic directions of activity of militia with a binding to a concrete historical epoch; 2) by an exception of all volume of activity of the given body of detective and remedial activity (a negative method); 3) allocation of the basic signs of such activity (a positive method). The given approaches have allowed to define a comprehensible variant for a formulation in concept research «administrative activity of police in sphere of preventive maintenance of offences of minors».


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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

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More on topic concept, essence, kinds and the basic characteristics of administrative activity of police of sphere of preventive maintenance of offences of minors:

  1. Chapter 1. Teoretiko-legal bases of administrative activity of police in sphere of preventive maintenance of offences of minors
  2. legal bases of administrative activity of police on preventive maintenance of offences of minors
  3. Chapter 2. The maintenance of administrative activity of police on preventive maintenance of offences of minors
  4. formation and development of administrative activity of domestic law-enforcement bodies on preventive maintenance of offences of minors
  5. 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
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  7. § 2. Is administrative-legal measures of the prevention police of offences in sphere of family-household relations
  8. § 3. Preventive activity of the head of territorial body of the Ministry of Internal Affairs on preventive maintenance of offences among employees
  9. Concept, the maintenance and kinds of measures of the administrative compulsion applied to legal bodies in sphere of licensing
  10. § 1. Preventive maintenance of the offences caused by activity of groups of a negative orientation
  11. Gajdukov Andrey Aleksandrovich. is administrative-LEGAL REGULATION of ACTIVITY of POLICE UNDER the PREVENTION And SUPPRESSION of OFFENCES In SPHERE of FAMILY-HOUSEHOLD RELATIONS. The DISSERTATION on competition of a scientific degree of the master of laws. Omsk 2018, 2018
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  15. 1.2. Theoretical problems of maintenance of legality in administrative activity of police
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  17. § 1. The police competence under the prevention and suppression of offences in sphere of family-household relations
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