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formation and development of administrative activity of domestic law-enforcement bodies on preventive maintenance of offences of minors

For strengthening of statehood of Russia it is necessary to define the most comprehensible and, the most important thing, productive means of preventive maintenance of offences of minors, especially important to address to history lessons, to consider errors and failures in struggle against these negative phenomena in Russia.

Empress Catherine II absolutely fairly believed, that «not knowing last people, whether it is possible to take any measures for it in the present and the future» [200].

Necessity of historical knowledge of offences of minors and struggle against them with reference to the various periods of the Russian history is caused by that it will help to estimate the passed way and more adequately to apprehend a today's condition of this problem. For rather long period in Russia huge experience which has not only gnoseological value is saved up, but also can be useful in modern conditions.

We believe, that history of struggle with homeless as potential offenders, it is necessary to deduce from history prizrenija children - orphans that was care of private persons and their associations, families, churches, the states.

And at each historical stage of development of the country degree and intensity of influence of various institutes on processes of formation of the person of minors, influence on preventive maintenance from their party of offences was various.

The pre-Christian period of development of Russia was characterised by traditional way, and the care of orphans laid on a sort, a family [201].

The first nation-wide source of law of the Old Russian state - Vast edition of "the Russian truth» - in item 99 ordered children who cannot "pechalovati" (take care) of itself, and their mother will marry, to transfer to the near.

Vladimir's by commission I in 966 it has been created public prizrenie where the help to orphans [202] entered. The named date connect with occurrence in the domestic law of institute of guardianship under the guidance of clergy [203].

In texts «Russian Truth», the Code of laws of 1497, the Code of laws of 1550 was not the norms accurately defining age of attraction to legal responsibility and furthermore features of application of measures of criminal reprisals concerning minors were not called.

The family, communal and church control in medieval Russia was enough for neutralisation of destructive behaviour of children. Most likely, in the form of the mass phenomenon there were no offences of children that did not cause necessity to allocate in Russian jurisprudence legal concept "childhood" as the special period in human life.

Only in Cathedral Ulozhenii 1649 which have consolidated in institutes of the church and secular right [204], age borders of majority have been defined. At 15-year-old age the early childhood came to an end, and in 20 years infancy [205] stopped.

Various researchers differently define time of the beginning of realisation by the state of measures of rendering assistance and support to children.

A. N.Krivonosov, A.A.Bezhentsev believe, that the beginning of a state policy of care of children was necessary with introduction in Russia Christianities [206].

With. V.Solnechnaja connects genesis of the state intervention in business prizrenija neglected children with extreme distribution of a beggary and criminality growth to XVII century [207]

During the period from origin of statehood till XVIII century the state system of neglected children is characterised by unsystematic character, a fragmentariness and discrepancy in standard legal regulation, absence of specialised structures, putting on of functions of the help requiring on various state bodies, monasteries, and also private persons.

B. N.Latkin considered, that bases of preventive activity of offences of minors are put in pawn by Catherine II [208].

Pre-revolutionary researcher E.D.Maksimov has connected the beginning of an active policy of the state in area prizrenija children about Peter I activity when instead of the separated forces of separate persons and the organisations, the large and rallied forces of the state »[209] began« to operate.

It is necessary to agree with E.D.Maksimova's opinion, and also modern writers [210] that it is possible to consider time of Petrovsky reforms as the first

The period in history of Russia when preventive measures concerning children [211] become one of directions of a state policy and

Start to have purposeful character.

The Petrovsky decree from May, 25th, 1718 founds a post Sankt - Petersburg general »«½¿µÑ®¼Ñ®ßÔÑÓá [212], that has begun creation of the centralised bodies in sphere of the internal affairs the police which has taken up various administrative functions became which embodiment, directed on public order maintenance.

The nominal decree from June, 20th, 1718 defined a police operations procedure at detention of beggars. For the first time - to beat batogami and to send home, in-second and in third times - to beat on the area a whip and to banish on a hard labour..., «and children, biv batogami to send on a cloth court yard and to other manufactories» [213].

Supervision of an interdiction to beg in Petersburg was assigned on general »«½¿µÑ®¼Ñ®ßÔÑÓá [214], and in Moscow since 1722 - on Ober - politsejmejstera [215].

As police activity was territorially limited to the largest cities, in provinces realisation of precautionary measures concerning minors was assigned on other officials - ober-kommendantov and kommendantov [216], and since 1719 - on voevod which competence included suppression of the application of favour on houses, supervision of the maintenance of orphaned court yard [217].

In Regulations to the main City council from January, 16th, 1721 police problems have been defined: assistance to justice, compulsion of everyone to fair work, supervision over order in streets, prizrenie the beggars sick, protection of widows and orphans, education «young in chaste cleanliness and fair sciences» [218].

Thus, at a concentration in hands of the government of activity on rendering assistance to requiring teenagers and elimination of the reasons of offences (idleness, nezanjatost, homelessness)

The considerable part of administrative powers was assigned in

The largest cities on police, and in provinces - on voevod.

In Catherine II reign the invariable policy directed on a humanisation of criminally-legal sphere is followed, the principle of the help to the requiring varies: refusal of exclusive use

Public means, towards the state centralisation where prizreniem, including children, bureaucratic ranks of police and orders [219] were engaged.

On September, 1st, 1763 Empress Catherine II has signed the Manifesto on official body creation «the Imperial Moscow

The educational house with hospital for poor women in childbirth »,

Intended «for preservation of a life and education in favour of a society in poverty of the born babies» [220].

In 1775 within the limits of administrative-territorial reform the Establishment for management of provinces of the All-Russia empire »[221] on which in each province the order public prizrenija under presidency of the governor was founded has been published«.

Orders public prizrenija were provincial executive organs which combined principles territorially-sectoral management, having forms

State-bureaucratic establishment and the public organisation, not having the staff and receiving financing from «local incomes» in 15 thousand rbl. only at the moment of creation.

They were engaged in the device of national schools, orphaned houses, rabotnyh and smiritelnyh at home, supervision of the specified establishments and rendering assistance by the minor-beggar, and the prevention from their party of wrongful acts.

Educational houses were created for secret reception of foundlings on which it was necessary to inform polices for inquisition, and in cases of a finding of parents, children returned on an accessory.

Orphaned houses accepted children at the age from 7 till 11 years which then attached either in educational institutions, or on factories, factories or to private persons for training to craft, trade or to other useful business [222].

Smiritelnye houses accepted on a court sentence, the decision of provincial board or «to the application in the order public prizrenija parents either three relatives, or the landowner of children which to the parents are disobedient» [223].

In Catherine II reign the bottom age threshold of "full diminished responsibility» for children of all estates till ten years, an interdiction of application of tortures to minors [224] is established, are created Sovestnye courts which assorted the crimes made, including, juvenile [225].

On September, 8th, 1802 Alexander's manifesto I «About establishment of the ministries» among eight ministries had been created the Ministry of Internal Affairs 4 expeditions became which structural divisions. Orders public prizrenija were transferred in jurisdiction of the Ministry of Internal Affairs and submitted to the fourth expedition (Public prizrenija) which shared on Branch of medical board and Branch of orders public prizrenija.

In 1803 behind orders was registered 42 smiritelnyh and workers of the house which competence included questions prizrenija poor, including children and the teenagers who requiring the state help and have made offences.

With establishment in 1810 of the Ministry of police orders pass in conducting the second branch of Department of economic police [226]. After abolition of the Ministry of police in 1819 of business public prizrenija again pass to the Ministry of Internal Affairs in which conducting there were following establishments: medical, almshouses, educational, rabotnye and

Reformatories.

In 1828 the Economic department had been brought an attention to the question the Minister about expediency of preservation of educational houses because of high death rate of children, insufficient material support, a premise in them without good cause of various categories of children (soldier's, country, legitimate). Committee

Ministers the decision not to open new institutions in provinces was accepted henceforth, and to accept in them only children, «lifted by Police and not having relatives» [227].

At Committee St.-Petersburg «popechitelnogo societies about prisons» in 1843 the Shelter for prisoner children »[228] has opened«.

In 1855 the Society popechitelnoe about prisons and committee on analysis of beggars have been transferred in the Ministry of Internal Affairs, and the Minister became on a post the President of a trustee society [229].

In 1845 «the Penal code criminal and corrective» establishes a special order of bringing to criminal liability of persons to 21 years, spending differentiation on full diminished responsibility - till 7 years and conditional responsibility - from 7 till 14 years. For persons from 14 years to 21 years mitigation of punishment was provided at their involving in a crime full age [230].

The police legislation provided versatile preventive measures concerning minors.

So, «Rules for soderzhatelnits brothels», consisting of 32 points [231], forbade soderzhatelnitsam to live brothels in the specified institutions together with children (§ 3), to employ women more youngly 16 years (§ 8), to suppose in institutions of minors and pupils of educational institutions (§ 23). Supervision of observance of the specified rules carried out specially created Medical-police committee, position about which has been approved by the Minister of Internal Affairs on October, 29th, 1843 (the appendix 9 see).

Thus, in first half XIX century the basic loading on working out and realisation of the administrative actions connected with prizreniem of is social-not protected children (tramps, beggars), to supervision for

Moral condition and counteraction by offences of minors laid on the Ministry of Internal Affairs of Russian empire and

It was realised by police divisions on places.

To the beginning of 1862 in Russian empire was about 100 charitable societies and the benefit societies which right of establishment belonged to the Emperor.

On January, 12th, 1862 the establishment right (the statement of charters) similar societies has been transferred the Ministry of Internal Affairs [232]. It has led to that for the first month of existence of the "simplified" procedure of registration 9 new societies have been opened, and by their 1901 already was - 6268 [233].

In turn it has created preconditions for change of a preventive policy which was expressed in gradual refusal from gosudarstvennoprinuditelnyh measures, introduction in a law-enforcement arsenal of considerable volume of precautionary means.

After zemskoj orders public prizrenija have started to pass reforms of 1864 in conducting zemskih establishments, and activity of the Ministry of Internal Affairs has been essentially reduced and extended only on 16 provinces in which zemstvoes have not been founded.

There is a change of model of legal proceedings as to the judiciary reform of 1864 there was no special order of application to juvenile the measures connected with imprisonment.

In item 6 «the Charter about the punishments imposed by world judges» it was defined, that «in places where corrective shelters will be founded, minor at the age from 10 till 17 years, instead of an imprisonment, can be turned into these shelters for the term defined by the world judge» [234].

In rules «About corrective shelters» [235] it was specified, that shelters consist under the authority of the Ministry of Internal Affairs (item 2), private (opened zemstvoes, societies, spiritual establishments, private persons) found with the permission of the Minister of Internal Affairs (items 5).

Shelters gave to the Minister of Internal Affairs annual reports (item 12), and could be closed only on representation of the Ministry of Internal Affairs with the permission of First (legal) department Pravitelstvujushchego of the Senate.

The police carried out the general supervision of shelters, but shelters and their founders used a wide autonomy in definition of an order of activity (personnel selection, educational system, an order of the maintenance of wards, a daily routine).

To one of the first establishments of a similar sort became Sankt - the Petersburg agricultural colony opened in October, 1871 in the Ohtensky wood summer residence, were in 12 versts from a city [236], and by 1914 in Russia 59 ispravitelno-educational establishments for minors [237] were already.

From February, 27th, till December, 13th, 1895 as a part of the Ministry of Internal Affairs there was a Main prison management to which competence shelters for minors [238] have been carried also.

According to M.V.Duhovskogo century existing on beginning HH shelters could accept only 15-17 % of minor offenders, and the others were exposed to imprisonment and served time in prisons [239].

In 1876 the new Charter «About the prevention and suppression of crimes» in which duties on preventive maintenance of offences of minors basically were assigned to police [240] has been accepted.

According to «the Charter about drinkable gathering» it was forbidden to open pubs on distance more close 40 sazhen [241] from educational institutions (item 315) 1878, to sell wine and other spirits juvenile (item 332 [242]). The control over observance of an interdiction of sale juvenile alcohol has been assigned to policemen urjadnikov [243].

Separate norms entered restrictive qualifications for workers of the trading organisations which were carrying out sale of alcoholic production: in institutions traktirnogo a craft it was authorised to have servants is more senior 15 years, in the premises opened for sale of a hard liquor, - is more senior 18 years [244], the persons who have reached 21 years [245] could be salesmen and sideltsami in institutions for retail trade.

Duties of the Moscow policemen included supervision of an interdiction of the admission juvenile to carrying, revealing of children left without supervision of adults at reservoirs, and also independent going for a drive on boats. Lost the way children who could not specify a residence and the parents, it was recommended to direct with the yard keeper from the nearest house to police administration [246] (the appendix 10 see).

Circulars of III th branch S.E.V.K. [247] from November, 11th, 1879 № 7349 and Department of the State police from September, 29th, 1881 № 1615, on December, 12th, 1882 № 3840 the notification procedure of chiefs (the higher, average and the lowest) educational institutions about attraction as convicted, arrest and clearing from under guards of pupils [248] has been defined.

With a view of the prevention of high treasons «Position about private police surveillance» on March, 1st, 1882 was accepted and the circular of Department of police from April, 9th, 1882 № 1365 [249] is published.

In the specified documents it was recommended to establish private (confidential) police surveillance for the pupils excluded by the educational heads from higher educational institutions for participation in disorders.

In September, 1884 the police Department has directed to provinces the circular concerning excitation of inquiry concerning pupils and pupils of the lowest and average educational institutions entering in «the intercourses with political propagandists» [250].

At detection of pupils of educational institutions in brothels, beer, cafe-shantanah, meetings of political character police ranks informed on it to a management of educational institutions. The police informed them also on the persons entering into the political organisations and secret societies.

On police Department (from September, 27th, 1881 № 1615, from December, 2nd, 1882 № 3840, from November, 11th, 1900 № 4850) it was specified by variety of circulars to [251] police ranks in inadmissibility of infringement of legality concerning grammar-school boys (detention without good causes, a call on interrogation in a school hours, a call on interrogation of the witness accompanied by the police supervisor) (the appendix 11 see).

Thus, in second half XIX century in connection with new calls of social development there is an objective necessity for a concrete definition and entering into official duties of ranks of police of realisation of preventive measures, and also working out of additional ways and influence receptions on minor offenders.

Characteristic lines of this period was public participation in the device and the organisation of activity of special establishments for minors. Distribution, development, prosperity correctional facilities contacts joint efforts «the legislator, the Government and a society...» [252]. The Ministry of Internal Affairs, consolidating private charity and activity of bodies of public self-management, carried out functions of the central body in system

State prizrenija.

In a police duty, proceeding from the preventive doctrine, the extensive kontrolno-supervising powers which are carried out as in are made

The relation of minors and their parents, its activity is regulated by numerous laws and departmental certificates (instructions, circulars). System studying of standard legal acts shows, that as the subjects of preventive maintenance promoting police, directors of educational institutions, teachers, yard keepers acted.

On boundary XIX-XX centuries in the Russian society are actively discussed ideas about insufficiency of a karatelno-prohibitive policy, change of a remedial order of legal proceedings, police influence on minor offenders, impossibility of struggle against the given phenomenon without influence on social determinants: a beggary, negative influence of adult persons, etc.

Acting in 1891 at Imperial Moscow university, To. V.Rukavishnikov has noticed, that «cannot be recognised by useful to children solemnity of judicial conditions, derzhanie juvenile behind a lattice with two gendarmes with sabres bare» [253].

Since January, 22nd, 1910 in St.-Petersburg juvenile courts functioned, by 1917 they carried out the activity in eleven largest cities of empire - Moscow, Kharkov, Odessa, Riga etc.

Such courts carried out not only justice, at them or with their participation special structures which were engaged in the guardianship organisation over children, restoring the lost family ties were created, defining children for work or study [254].

The law from June, 2nd, 1897 [255] recognised as the major lever on minors aged to 21 years, committed crimes, vospitatelno-corrective measures.

«Positions about vospitatelno-correctional institutions for minors» from April, 19th, 1909 provided, that with a view of moral education and preparation for a labour life «in vospitatelno-correctional institutions minors from 10 till 17 years» [256] following categories are located: 1) the committed crimes - by definitions and court sentences; 2) convicted and defendants - under decisions judicial or the investigating authority; 3) tramps, poor, homeless and neglected - under decisions vospitatelnoispravitelnyh institutions; 4) given by parents for re-education.

Perfection criminal and criminal procedure

Legislations, judicial organisations have affected lawmaking in police sphere.

In 1911 the Commission on transformation of police of A.A.Makarova has developed the project «Police charter» (it is submitted for consideration IV State Duma on September, 11th, 1913) [257] in which the police control over minors, revealing and liquidation of the factors promoting formation of illegal motives in their consciousness was provided.

On May, 5th, 1917 the Ministry state prizrenija into which the department social prizrenija children entered has been created, however the short term of existence and conditions in the country have not allowed to realise to the given establishment the projects.

Thus, till 1917 in Russia the specialised legislative base and the basic links of system of preventive maintenance of offences of minors which included such subjects, as the state bodies, public institutions, Church, private persons have been created.

There is a perfection of the police legislation regulating work with juvenile and minor, the norms directed on a humanisation administrativnopolitsejskih of measures are accepted. As the basic subjects promoting given activity, heads and teachers of educational institutions, workers of corrective shelters, yard keepers are defined. Proceeding their structural construction of police bodies, to their officials are made duties realisation of the numerous measures directed on prevention of offences of minors, however specialised structures in police department on preventive maintenance of offences it was not created.

The First World War, revolutionary shocks of 1917, the civil war which has followed them have led to catastrophic quantity of neglected children in the state.

National Commissariat G osudarstvennogo Contempt of RSFSR [258], accepted in the conducting ispravitelno became the first body of the Soviet state, on work with minors

Educational shelters, colonies for minors, etc.

On January, 14th, 1918 Decree SNK RSFSR, according to which courts and imprisonment for juvenile is accepted and

Minors were abolished and created kvazisudebnye bodies - the commissions for minors as a part of representatives of national commissariats state prizrenija, educations and justices in which conducting affairs about all offences of persons aged till 17 years [259] were transferred.

On March, 4th, 1920 the age of majority has been established from 18 years, jurisdiction of People's courts on affairs was restored

Minors at the age from 14 till 18 years if the commission came to conclusion about impossibility of application of measures of mediko-educational character. The national Commissariat of Justice (further - NKJU) was recommended to create for a premise of minors reformatorii [260].

On July, 30th, 1920 the Instruction «to the Commissions on affairs about minors» (further - KDN), defined commission structure has been accepted: «the chairman-teacher, (the representative of the Department of national education), the doctor and the national judge» [261].

The closed disposal of legal proceeding, the admission of the limited circle of subjects (the secretary, teachers and doctors, the obsledovatel-tutor), and other persons - only under the decision were principles of activity of the commission. As a rule, it were representatives of the press, but was forbidden to place in newspaper reports of a surname and names of minors.

At the first All-Russia congress of figures on child care (passed on February, 2-8nd, 1919 in to Moscow) the project on creation in provincial cities of children's militia is approved at the National commissariat of social security (further under the text - NKSO), not entering into structure of Workers' and Peasants' militia.

On June, 14th, 1919 the order of a department of child care NKSO № 1722 had been entered institute of brothers and sisters of the social help and it was recommended to create places of acceptance for detained children instead of prisoner houses and militia sites where they were delivered earlier [262].

For 1921-1922 it is necessary peak of children's homelessness - by various estimations was from 4 to 7 million homeless children [263].

The decree from September, 23rd, 1921 approves Position about children's social inspection (further under the text - DSI) [264].

Problems DSI included struggle against a beggary and prostitution, gamble and offences, withdrawal of homeless children against streets, struggle against operation of children and cruel treatment.

Position about DSI contained a number interesting even from the point of view of today of norms on the organisation and methods of work with minors. For example, to employees DSI it was forbidden to have at itself the weapon, to carry clothes, excellent under the form from clothes of other citizens. They should have the pedagogical experience or pass courses of pedagogical preparation under the program developed by the Narcofloor-mat of education with participation of the Narcofloor-mat of public health services.

Owing to small number DSI employees of the National commissioner of internal affairs of RSFSR were connected to work with minors (further - People's Commissariat of Internal Affairs of RSFSR).

According to A.J.Rozhkova in 1922 only 400 inspectors of data of departments [265] all over the country were necessary. Differentiation of functions of Workers' and Peasants' militia and DSI was defined by age

Offenders.

On January, 6th, 1922 the order of People's Commissariat of Internal Affairs of RSFSR № 574 [266] which defined powers of militia on work as offenders is issued is more senior 14 years. The persons who have not reached 14 years, and also homeless came under to transfer to departments of national education or children's places of acceptance.

Militia duties included search of children who have lost communications with relatives, an establishment of the person of minors, interrogation

Witnesses, the maintenance of minors in chambers gubrozyskov, inspection of residences, dostavlenie offenders, delivery of summonses and decisions KDN, drawing up of reports on a perfect offence [267].

Thus, in the first years of the Soviet power the state developed the most comprehensible variants of activity of machinery of state on counteraction to offences

Minors. 1918 existing from the beginning till March, 1920 exclusively extrajudicial procedure of consideration of all offences has not proved the efficiency.

In the conditions of civil war, destabilization sotsialnoekonomicheskoj conditions the model of structural construction and the organisation of activity of bodies on struggle against offences of minors has been developed and realised, the is administrative-judicial mechanism is created, remedial rules of disposal of legal proceeding with their participation are developed.

The concept of multifunctional influence on determinants of offences of minors, refusal from exclusive medikopedagogicheskih measures lead to gradual inclusion in the given model of People's Commissariat of Internal Affairs of RSFSR which along with administrative activity during the period from the end 1922 [268] till January, 1st, 1933 carried out execution of punishments of minors in the form of imprisonment.

Since January, 1st, 1931 conclusion platitudes were transferred in conducting union republics NKJU in communication by liquidation of People's Commissariat of Internal Affairs allied and autonomous republics [269]. The specified position will exist till October, 29th, 1934 when № 00122 they are transferred again by the order of People's Commissariat of Internal Affairs in system of People's Commissariat of Internal Affairs.

In the beginning of 30th there is a sharp deterioration kriminogennoj situations among minors. On a law and order condition negative influence was rendered by following factors: 1) end collectivisation 20-has begun 30, 2) eviction of a large quantity of the citizens who have rendered counteraction to wrongful withdrawal of property by the state, with the primordial places of residence, destruction of traditional way of their life; 3) industrialisation and mass moving to a city of youth from a countryside; 4) the hunger which has covered huge territories in 19321933; 5) the mass reprisals dividing families and leaving children by orphans; 6) inadequate adaptive ability (objective and subjective property) the bodies working with minors, to social development calls.

Decision SNK from January, 29th, 1933 [270] obliged RSFSR SNK ASSR and regional executive committees to organise actions for liquidation of street children's homelessness, restoration for them receivers; to check of subjects of preventive maintenance, etc.

However the given measures have not allowed to lower level of offences of youth. Only in to Moscow the quantity of offences during the period with 1933 for 1934 has increased by 57,6 % (with 5 108 to 8 858), and 69 % - from this number persons were younger than 14 years, and 33 % have been excluded from schools [271].

1935 becomes year of reform of system of preventive maintenance of neglect and offences of minors in the USSR which have received an ambiguous estimation in the scientific literature.

As V.D.Ermakova, N.I.Krjukova consider this reform regressive when «pedagogical influence was replaced with the militian account» [272].

The author of dissertation divides the point of view of the Canadian researcher of P.Solomona considering, that juvenile delinquency growth has not allowed the civil organisations to cope with this phenomenon of the social validity [273].

Therefore legal fastening of powers and organizational maintenance with employees of People's Commissariat of Internal Affairs of sphere of counteraction to offences of the minors, their antisocial cycle their antisocial and illegal activity became a natural stage of historical development of the state.

On April, 7th, 1935 the Decision of the Central Electoral Committee and SNK the USSR № 3/598 [274], have been lowered age of the criminal liability till 12 years concerning the persons who have made murders, causings of violence, physical injuries, theft.

On May, 31st, 1935 decision SNK the USSR and Central Committee VKP () «About liquidation of children's homelessness and neglect», allocated militia the wide list of is administrative-legal powers, in particular is accepted: the right to amerce parents administratively to 200 roubles (item 18), «to bring to the notice of public organisations in a place of work of parents about absence of supervision from parents behind behaviour of children (item 20)» [275].

In 2003 on May, 31st it has been declared by date of creation PDN and TSVSNP, and in the official Afternoon of divisions on affairs of minors [276].

On June, 7th, 1935 People's Commissariat of Internal Affairs of the USSR issues the order № 071 [277], ordering the organisation in structure Adminhozupravlenija of People's Commissariat of Internal Affairs of the USSR, union republics, edges and areas departments of labour colonies for the minors who are responsible for organisation DPR, and colonies for minors.

The order of People's Commissariat of Internal Affairs of the USSR from June, 9th, 1935 № 074 had been defined a special order of arrest of minors, their maintenances separately from adult persons, interdictions on konvoirovanie them together with adult prisoners and applications at runaways of the weapon [278].

The people's commissar of internal affairs G.G.Jagoda in October, 1935 in the report «About children's homelessness, neglect and criminality» on a name And. V.Stalin specified, that homelessness as a problem has ceased to exist in the Soviet state, however marked the insufficient control over pupils of establishments Narkomprosa, suggesting to concentrate attention on neglected [279].

In OVD rooms of a drive of neglected children were created, which then have been renamed into children's rooms of militia (further - DKM), intending for detention and trial with teenagers.

According to the Instruction of People's Commissariat of Internal Affairs of the USSR from June, 29th, 1935 № 116 inspectors of rooms of a drive were recommended to establish and transfer the detained teenagers to parents or persons, their replacing, or to direct arrested persons to the receivers-distributors intended for the short-term maintenance of teenagers 16 years [280] are younger.

On July, 16th, 1939 № 0221 Position about an insulator for minors »according to which in them it was necessary to place teenagers at the age from 12 till 16 years for the term up to 6 months in cases of runaway from labour colonies is accepted by the order of People's Commissariat of Internal Affairs of the USSR«; dezorganizujushchih a mode in the given establishments; condemned to enduring the punishment in the closed labour colonies [281].

In the Great Patriotic War in connection with new calls of social development there is an objective necessity for working out of additional ways and working methods with minors in administrative activity of militia.

On January, 23rd, 1942 decision SNK the USSR № 75 «About the device of children who have remained without parents» [282] has been published.

According to the instruction of People's Commissariat of Internal Affairs of the USSR from February, 11th, 1942 № 50 bodies of militia have been obliged to reveal homeless and neglected children, to direct them to receivers-distributors of People's Commissariat of Internal Affairs [283]. With a view of an establishment of the lost family ties, the help to parents in search of children of People's Commissariat of Internal Affairs of the USSR has organised the Central help address children's table (further - TSSADS), and also similar structures at regional and regional managements of People's Commissariat of Internal Affairs, city departments and regional branches of People's Commissariat of Internal Affairs. Children who have passed DPR, registered in spravochno-address children's tables. Help card files for search of children who have lost touch with relatives were created. For April, 1st, 1944 in TSSADS the information on 422272 children [284] contained.

(Further - the militia Central administrative board) People's Commissariat of Internal Affairs of the USSR from August, 6th, 1942 № 29/z/1353 has been regulated by GUM instructions immediate performance of inquiries of receivers of People's Commissariat of Internal Affairs of the USSR about an establishment of a site of parents of children who are in receivers of People's Commissariat of Internal Affairs.

The order of People's Commissariat of Internal Affairs of the USSR from March, 10th, 1942 № 101 has established an order of a direction of similar inquiries in the Central information bureau of GUM of People's Commissariat of Internal Affairs of the USSR, located in Buguruslan Chkalovsky area.

On June, 15th, 1943 decision SNK the USSR expanding a network correctional facilities of People's Commissariat of Internal Affairs for persons at the age from 11 till 16 years at the expense of labour educational colonies is accepted, having finished total of places of the maintenance to 50 thousand persons. In the specified establishments the minors who have not committed crimes could be located: homeless, not having habitation and parents; the persons who have made hooliganisms and pilferages; regularly breaking a residing order in children's homes [285].

The instruction of People's Commissariat of Internal Affairs, narkomjusta the USSR and Offices of Public Prosecutor of the USSR from June, 21st, 1943 [286] detailed the mechanism of a direction of minors in the specified establishments.

The order of People's Commissariat of Internal Affairs of the USSR from June, 21st, 1943 № 0246 became a basis for creation in structure UNKVD of republican, regional and regional departments on struggle against children's homelessness and neglect (further - OBDBB) which were structural divisions of criminal investigation department [287].

They were in submission to people's commissars of internal affairs or chiefs UNKVD, and also OBDBB People's Commissariat of Internal Affairs of the USSR [288]. Chiefs OBDBB simultaneously were assistants to chiefs of corresponding departments of criminal investigation department.

Departments were allocated with functions of the organisation of teaching and educational process, manufacture, financial maintenance, and also the account in labour, vospitatelno-labour colonies and receivers distributors for minors. The account provided data gathering about all minors who were in given establishments.

The order of People's Commissariat of Internal Affairs of the USSR from July, 7th, 1944 № 312 had been approved «the Instruction about work of children's rooms of militia» [289].

DKM were organised at city, regional and linear police stations, settling down out of buildings of departments (branches) of militia, but in immediate proximity from them.

In them there were posts (the chief inspector, the inspector, the assistant to the inspector), specially entered into staff of police stations at which children's rooms are deployed. In children's rooms for the term up to 6 hours minors aged till 16 years for disturbances of public peace, the insult of citizens, vagrancy, trade in public places and offences on transport, and also lost the way and thrown children were delivered. Delivered were screened, withdrawal of things (except for explosives, the weapon, military equipment) was forbidden, on everyone the registration card was constituted. In cases of impossibility of transfer of minors to parents they went to nurseries-receivers distributors (further - DPR). On persons who have lost communications with relatives, 2 copies of the registration forms were filled, one of which was transferred in TSSADS.

DPR carried out reception of neglected and homeless children at the age from 3 till 16 years and intended for their time maintenance for the purpose of the further transfer to families, vocational schools, schools FZO, and also directions to labour educational colonies of People's Commissariat of Internal Affairs. Standard term of the maintenance in the given establishments should not exceed two weeks.

In two weeks of children till 3 years inclusive at impossibility of transfer to the native should send in children's homes. Children till 14 years should transfer native, or direct to children's homes, and is more senior 14 years - to employ.

For disposition DPR buildings near to water or message tracks, as a rule, stole up. Reception of minors was made round the clock, dostavlenie was carried out by employees of militia and citizens, or minors came.

Chief DPR should have education not below an average and an operational experience on a supervising post, the deputy chief - a pedagogical education and an operational experience with children, tutors - formation below an average and the experience of pedagogical work. Transfer of minors from establishments of system of People's Commissariat of Internal Affairs was carried out by means of employees who named "evakuatorami".

Thus, in the Great Patriotic War administrative activity of bodies of People's Commissariat of Internal Affairs of the USSR basically concentrated on the organisation of functioning correctional facilities, minimisation adverse for the minor consequences connected with mass evacuation, rescue of their life and health protection, restoration of the lost family ties. During the specified period there is an origin of registration-information work to personal data of teenagers in the form of help card files for search of children who have lost communications with relatives, and also the persons containing in establishments of system of People's Commissariat of Internal Affairs.

The post-war period is characterised by that work under the prevention of criminality among minors is still assigned to law-enforcement bodies.

In October, 1949 in conducting MGB the USSR have been transferred children's rooms of militia, thus children's colonies and children's receivers - distributors continued to submit OBDBB the Ministry of Internal Affairs of the USSR, reorganised in December, 1950 in the Department of children's colonies of the Ministry of Internal Affairs of the USSR [290].

On April, 8th, 1952 the Ministerial council of the USSR has accepted the decision № 1708 «About measures on liquidation of children's homelessness in RSFSR» according to which in GUM MGB the department on prevention of criminality from minors has been created.

The order of the Ministry of Internal Affairs of the USSR from December, 31st, 1953 № 265 had been approved «the Instruction about work of bodies of militia on liquidation of children's homelessness and neglect». A short story of the given instruction was that struggle against neglect and homelessness appeared a problem of all employees of militia, but first of all - inspectors of children's rooms of militia, patrolmen and militiamen in the beat to whom the duty of regular checks on a residence of the teenagers condemned conditionally or given on bails was assigned. Divisions on crime control of minors in structure of criminal investigation department and branch on a management of children's rooms of militia have been disbanded [291].

№ 285 from June, 5th, 1961 «About change of the organisation of work on crime control of minors and children's neglect» the specified direction of office activity was assigned again by the order of the Ministry of Internal Affairs of the USSR to devices of criminal investigation department and the children's rooms of militia subordinated by it.

By the decree of Presidium of the Supreme body of the USSR from June, 21st, 1961 «About the further restriction of application of the penalties imposed administratively» it has been defined, that «the penalty can be put only on the face to which before fulfilment of administrative violation by it executed 16 years» [292].

On the basis of the decisions newly founded at executive committees regional and city councils of People's Deputies of the Commissions on Juvenile Affairs, teenagers could be directed to special schools (were created for children at the age from 11 till 14 years) and special technical training colleges (for persons from 14 till 17 years) in cases of fulfilment by them of socially dangerous actions or malicious and regular infringement of rules of a public order [293].

The decree of Presidium of the Supreme body of the USSR from February, 17th, 1977 [294] powers PDN OVD extend. On the basis of abolished DKM inspections on affairs of minors (IDN), entering into criminal investigation department structure were created. From conducting correctional labour institutions in submission UUR (OUR) the Ministry of Internal Affairs, the Municipal Department of Internal Affairs, the Department of Internal Affairs were transferred receivers-distributors for minors.

The order of the Ministry of Internal Affairs of the USSR from February, 21st, 1978 № 085 had been approved «the Instruction about the organisation of work of inspections on affairs of minors and the report on results of work of law-enforcement body under the prevention of offences of minors», defined forms of the account of minors in the form of registration-preventive affairs and registration-preventive cards.

From the end of 70th HH century on the basis of theoretical workings out of domestic scientists in the field of criminology, criminal and administrative law are developed installations about prioritetnosti preventive work in activity OVD administrative activity becomes which basic tool.

The Code of RSFSR accepted on June, 20th, 1984 about administrative violations has considerably expanded an arsenal of preventive measures in activity of the Soviet militia and has established, that «administrative responsibility is come under by the persons who have reached by the moment of fulfilment of administrative violation shestnadtsatiletnego of age» [295].

In 1988 there was an allocation of inspectors on affairs of minors from criminal investigation department service. The order of the Ministry of Internal Affairs of the USSR from August, 18th, 1988 № 180 «About measures of perfection of activity of law-enforcement bodies under the prevention of offences among minors» had been approved Manual on the organisation of work of inspections on affairs of the minor law-enforcement bodies, actually established categories of minors with which work OVD is spent, used by the modern Russian legislation.

After Convention signing «About the rights of the child» [296] the National plan of action in interests of children [297] has been developed and approved.

The decree of the President of the Russian Federation from February, 12th, 1993 № 209 «About public safety militia (local militia) in the Russian Federation» [298], has defined place PDN And TSVINP in system of services MOB and has established specifications of regular number PDN (1 inspector on 4-5 thousand minors).

In 90th HH century of division the militias which are carrying out the basic functions on work with minors, were repeatedly renamed. In 1991 of inspection on affairs of minors (IDN) began to be called as divisions under the prevention and suppression of offences of minors (PPPN), and in 2000 in connection with updating of the order of the Ministry of Internal Affairs - PDN.

The carried out research allows to allocate four large stages in the domestic history, the bodies connected with administrative activity internal on counteraction by offences

Minors and to offer an author's periodization of such activity.

1. The first stage - since 1718 (from the moment of post establishment Sankt - Petersburg general »«½¿µÑ®¼Ñ®ßÔÑÓá) on 1917

The given stage is characterised by a concentration in hands of the government of activity on rendering assistance to requiring teenagers and putting on of a considerable part of powers on police divisions, creation of legislative base and the branched out system of organizational structures including both the state bodies, and public institutions, and also associations of private persons. It is accompanied by the state stimulation of the charitable and trustee beginnings leaning against moral reference points of dominating religion of Russian empire - Christianities.

Police bodies carried out various functions in the given mechanism, however specialised organizational structures on preventive maintenance of offences of minors in police department was not created.

2. The second stage - since 1917 on 1935 Is characterised by refusal of state-private practice of counteraction to offences of minors, a priority of activity of the state bodies, with creation ordinary (KDN) and the extraordinary organisations (Detkomissija). Incidental inclusion of militian divisions in the decision of problems of homelessness, neglect and offences of minors. Change of a vector in work with offenders from educational with attempt of full decriminalization of acts of minors to retaliatory, embodied in the legislation and practice of its application.

3. The third stage - since 1935 up to the end 70th HH century It is characterised by that organizational maintenance of divisions of militia has allowed to fix functionally militia in a machinery of government as the basic subject on realisation of preventive activity among minor offenders. For the decision of these problems the specialised isolated divisions on work with minors are created, the base is developed departmental normativnopravovaja, forms and work methods are improved.

In militian activity at the initial stage the retaliatory approach characterised by redundancy of coercive measures that was caused by a policy of the totalitarian state, putting on on People's Commissariat of Internal Affairs of function of departure of punishments under criminal law prevailed.

Structural changes and definition of priorities in activity not always differed sequence, were svjazanny with accelerated and catching up type of social development, a foreign policy situation, absence of a due scientific substantiation of the reforming, insufficient study of functional mission and competence division, insufficiency of departments and the establishments promoting given activity and providing rehabilitation influence on teenagers.

4. The fourth stage from the end of 70th HH century till now. Differs that on the basis of theoretical workings out of domestic scientists in the field of criminology, criminal and administrative law proof installations about prioritetnosti preventive work in activity OVD as which basic tool administrative activity acts are developed. Acceptance in 1984 of the Code of RSFSR about administrative violations, and in 1999, for the first time in history our state, the specialised law of federal level (FZ № 120-1999г becomes a legislative embodiment of the given ideas.) Legislatively fixed functioning in system OVD of divisions (PDN and TSVSNP), the development which have defined a vector of departmental law-making. The reformed and optimised police divisions continue to play a predominating role in preventive activity, but their work is considered in a context of activity of all subjects of system of preventive maintenance with the account of a priority of protection of the rights and legitimate interests 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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