2.1. Individual preventive work with minor offenders

The establishment of any measure of the state compulsion or system of such measures necessarily assumes necessity of formation of the adequate mechanism pravoprimenenija. Legal rules define process of influence of bodies of the state on operated objects for the purpose of their compulsion to due behaviour.

A.I.Elistratov named administrative compulsion by the privilege of "direct action», administration consisting in possibility to use forced measures «on own initiative, without the preliminary judicial decision establishing law of the given requirement» [299].

D.N.Bahrah, entering into a scientific turn concept «compulsion kinds», differentiated them to a branch sign - criminal, administrative, civil-law, sluzhebno-disciplinary, independent remedial compulsion [300].

Huge layer of the scientific researches [301] devoted to studying

Problems of administrative compulsion, has designated the discrimination in

The relation as quantities of forms (kinds) [302] administrative compulsions, and concerning their maintenance, the application bases etc.

With a view of disclosing of the questions mentioned in dissertational research, we will stop on the key moments of the theory of administrative compulsion.

S.N.Kozhevnikov, V.V. Seryogin adhere chetyrehzvennoj to classification of forms of administrative compulsion: the prevention (prevention), suppression, restoration, legal responsibility [303].

A.I.Kaplunov allocates following legal forms of the state compulsion: the prevention, suppression,

pravosstanovlenie, remedial maintenance, legal

Responsibility (punishment) [304].

The considered sights allow to come to conclusion, that in the theory of is administrative-legal compulsion the point of view about existence of such form of administrative compulsion as the prevention has settled.

Explanation of a question on legal essence is administrative - precautionary measures also assumes illumination of separate theoretical positions.

According to J.S.Ryabov, is administrative-precautionary measures are the instructions containing in dispositions of norms of administrative law which realisation is carried out under compulsion strictly on lawful basises by proxy bodies of the state (their representatives) at approach of certain circumstances «with a view of the prevention of offences and public safety maintenance» [305].

N. V.Makarejko considers, that considered measures, being is standard fixed, do not contain sanctions. The basis for their application is the legal presumption that as a result of non-use or untimely application of the specified measures the offence will be made or there will come other harmful consequences caused by force majeure of the nature and technogenic processes [306].

Generalising A.I.Kaplunova's sights, N. V.Makarejko, J.S.Ryabov on essence of administratively precautionary measures, we will notice, that they are the form of administrative compulsion in sphere of the public safety of preventive character, are directed on prevention of offences (administrative violations and crimes) and their negative consequences. In the given measures the state wisdom, foresight, aspiration to anticipate danger in the presence of certain presumptions is shown.

In the legal literature individual preventive maintenance is understood «as a complex of the actions, called to influence consciousness and behaviour of concrete people» [307] (the separate person) which purpose is preventions of offences from their party.

Thus the arsenal of methods of influence is not limited especially legal and will include social, pedagogical, psychological, medical, etc.

I.I.Veremenko classified administratively - precautionary measures, proceeding from an orientation of their precautionary influence:

1) precautionary measures of individual character;

2) precautionary measures of territorial character [308].

Under the influence maintenance precautionary measures of individual character can have as the addressee a potential victim of offences (viktimologicheskaja preventive maintenance) or the potential offender.

During the further reasonings we will consider application by police of legal measures of individual character concerning potential offenders.

Legal definition Ieper contains in item 1 FZ № 120-1999 it is understood as activity «on timely revealing of minors and the families which are in socially dangerous position, and also on their is social-pedagogical rehabilitation and (or) to the prevention of fulfilment by them of offences and antisocial actions» [309].

Logic by it is possible to deduce the theoretical model Ieper including a number of stages, with reference to detail of any body (establishment) included in the state system of preventive maintenance of offences of minors:

1) revealing of families and the minors who are in «is social-dangerous position»;

2) influence on given subjects with use of certain toolkit, principles, forms, methods of influence of compulsory and regenerative character. For example, it can be expressed in short-term or long influence on is conscious-strong-willed sphere of minors for the purpose of formation of positive lines of the person (will, responsibility etc.), steady positive behavioural stereotypes, sense of justice.

3) fixing of procedure of influence and its results;

4) the influence termination.

To begin with Ieper the finding of the minor in «is social-dangerous position» is necessary. Unfortunately, in the legislation signs of the given concept do not reveal, criteria of reference to the specified position are not defined, there is no accurate regulation of procedure of a recognition of the child living in a family, being in «is social-dangerous position». For example, for bodies of guardianship it can be expressed in death, illness or a long absence of parents, etc. [310]

In too time the president of Russia V.V. Putin has noticed, that the mutual relation of parents and children in a family represents very sensitive sphere, the laws regulating such mutual relations, should contain only the accurate and certain formulations excluding double interpretation [311].

Danger degree always has situational character. For example, the small child can be lost, remained on the short term without supervision or assistance; for the teenager possessing social experience, danger represents asotsialnoe an environment (not working parents abusing alcohol; the friends using drugs; regular dialogue with the persons, earlier leaving punishments in the places of confinement, etc.).

In our opinion, it is not casual S.N.Mahina. P.Dorofeyev, A.N.Aleksandrov considered revealing, both minors, and the families which have appeared in socially dangerous position, as the uniform process influencing timely rendering assistance to teenagers [312].

For 2014 in the Russian Federation families with minor children constituted 43 % of total of families (17,3 million families), and only 67 % of such families are full (in which children live with both parents).

According to researches VTSIOM, criteria of trouble in a family according to 41 % of respondents is the alcohol use by one of members of a family, 12 % - a low standard of living, 7 % - absence of baby sitting and unemployment of parents, 6 % - the use of narcotic substances by parents [313].

The specified data are correlated with data of statistical departmental reports of the Ministry of Internal Affairs of Russia. So, for July, 1st, 2016 on the account in PDN consisted 137 404 parents evading from education of children or it is negative on them influencing [314] from which regularly used spirtosoderzhashchie drinks - 67,6 %, were consumers

Narcotic and psychotropic substances - 2,1 % (the appendix 12 see).

Statistical data confirm the thesis about interference of abusing by alcohol both other psychoactive substances and the illegal activity which is the precondition for statement on accounts. Parents, being consumers of the specified substances, model of the behaviour form at children representation about consumption of alcohol and psychoactive substances as about safe employment answering to public norms. As a rule, such families are characterised by low level of incomes, children in them possess a low self-estimation, weak ability of mastering of social norms, that negatively affects their socialisation, and high potential risk of unlawful conduct.

The prevention as the form of administrative compulsion includes such similar on the purposes, problems, legal essence interbranch institutes, as Ieper with the persons consisting on preventive accounts OVD (police), and the administrative supervision "reanimated" in 2011 for the persons released from the places of confinement [315].

In our opinion, O.I.Beketov it is absolutely proved considers, that «the personified police surveillance», being a part of individual preventive maintenance of offences, changes a legal status of the person by putting on of additional restrictions and duties [316].

In too time it is impossible to agree with its statement, that examination of bodies of the law and order in a course Ieper is not provided with compulsion [317].

And. V.Lapshin approves, that statement of minors on the account in OVD «is the basis for carrying out of individual preventive work and an establishment behind them special administrative supervision», which purpose - prevention of offences concerning known citizens on previous illegal activity [318].

In our opinion, system interpretation of rules of law allows to draw a conclusion on use to Ieper with minors of is administrative-precautionary components compulsory and not compulsory character.

The comparative analysis of legal essence of administrative supervision and Ieper with minors will help to understand characteristics of last institute.

Certainly, administrative supervision and Ieper with minors have enough distinctions which consist first of all:

1) in legal nature (And. P.Filchenko, T. G.Ponjatovskaja,

T. M.Kalinina state proved and supported

The author of dissertation a position about «the criminally-legal nature of administrative supervision» [319], that, certainly, to the full does not cover the nature Ieper with minors);

2) subjects in which relation the given measures of the state compulsion (full age and minor persons) are carried out;

3) an establishment order (judicial and extrajudicial);

4) the legal form of realisation (the decree and pravoprimenitelnyj certificate OVD).

However considered institutes possess considerable similarity:

The V-first, the legal purpose of administrative supervision is defined as «protection of the state and public interests» [320], that to the full there corresponds as a purpose Ieper with minors.

The V-second, problems of the Law on administrative supervision

«The prevention of crimes and other offences» [321] from the persons who are under such supervision, are in many respects similar to activity problems on preventive maintenance of offences of the minors, one of which is: «the prevention of offences of minors» [322].

Thirdly, Ieper and supervision do not concern measures of responsibility for a perfect offence as do not contain in lists of criminal and administrative punishments (item 44 UK the Russian Federation, item 3.2 KoAP), and are measures of the prevention of offences, rendering on the person of individual preventive influence.

Fourthly, bases of the organisation and realisation Ieper with minors are regulated by norms specialised FZ № 120-1999 which, in our opinion, concerns the administrative legislation.

One of subjects of legal regulation of the named law are the relations arising between employees of police and poduchyotnymi by persons. Activity concerning the specified persons is carried out by special subjects - employees of specialised divisions of police concerning persons who are not in their submission.

Fifthly, the bases Ieper with minors can be administrative and criminally-legal, however procedure has begun also the terminations, the maintenance and the form - exclusively administrative.

The basic method of legal regulation of the relations arising between employees of police and poduchyotnymi by persons, the instruction method, characteristic for administrative law is.

Sixthly, the general temporalnoj feature of the organisation Ieper with minors are fulfilment consequences

Minors the person of an offence, their legal estimation from competent state body (the official of the given body), fixed in pravoprimenitelnom the certificate.

Bringing intermediate results of reasonings, we consider, that model Ieper polices with minors, can be characterised following signs:

1) is based on a presumption about possibility of socially harmful behaviour of the certain subjects, the social validity proved by long supervision, the conclusions, differing high degree of the probability generalised by jurisprudence and embodied in the legislation;

2) it is applied only in the presence of the bases specified in the law, in the provided remedial order;

3) consists in realisation of imperious, unilateral actions from the authorised bodies (officials) which are shown available corresponding powers: to interfere in certain spheres of ability to live supervised without its consent, to give to under control objects obligatory instructions for execution, directly to apply in certain cases of a measure of administrative compulsion, to bring an attention to the question on application of the state compulsion other competent bodies;

4) it is connected with illegal acts of persons and (or) necessity to prevent such act.

To open legal essence Ieper with minors from employees of police as the legal institution included in an arsenal of is administrative-precautionary forms, and to define

Directions of the further perfection, will allow its characteristics: 1) the purposes; 2) principles; 3) the subject; 4) the basis; 5) object; 6) interrelations of the subject and object.

We believe, that Ieper it is possible to consider as the basic legislatively declared purpose influence on consciousness and behaviour of objects of preventive maintenance (minors) not to admit and (or) in due time to bar their illegal and antisocial behaviour.

The second not obvious, legislatively not defined, but the abundantly clear purpose of such work for police is gathering, accumulation, ordering, storage, granting of the information on minors in which relation Ieper is spent, and use of the given information for maintenance of the public safety from illegal encroachments of such persons.

It is possible to carry to principles of individual preventive work:

- Legality principle;

- Principle of responsibility of officials and citizens for infringement of the rights and legitimate interests of minors;

- Timeliness principle;

- Principle sistemnosti;

- The principle of continuity and sequences of influence;

- Principle of the humane reference with the minor and members of his family;

- Individual approach principle to the minor and members of his family;

- Principle of support of the persons consisting on accounts;

- Principle of interaction with all state and not state subjects, private persons and their associations, capable to render any positive role in resotsializatsii the learnt persons;

- Principle of observance of confidentiality of the information received during individual preventive work.

According to item 4 ch. 1 items 12 FZ «About police», the police «is obliged to establish the reasons of crimes and the conditions promoting their fulfilment, to take within the powers of measures on their elimination (to carry out the general preventive maintenance); to reveal the persons having intention to commit a crime, and to spend with them individual

Preventive work (individual preventive maintenance) »[323].

Hence, to police bodies the specified federal act assigns duties on carrying out of the general and individual preventive maintenance of offences, including concerning minors.

Traditional sights at carrying out Ieper police divisions

^ ^ . 2 contact statement of a certain category of persons on accounts [324], that

Finds reflexion in departmental legal acts [325].

In our opinion, the organisation and carrying out Ieper with minors from police should it is carried out within the limits of the legal relations realised in the remedial form.

Characterising the subjects who are carrying out Ieper with minors, it is necessary to notice, that all services of police involved in performance of functions of the prevention of offences of minors, it is possible to divide into three categories.

1) divisions functionally created for the given activity (PDN and TSVSNP);

2) the divisions which are carrying out given activity on a constant basis owing to standard instructions (UUP);

3) employees and other divisions, which preventive activity enters into a wide range of their duties, and carrying out Ieper with minors can be only temporarily delegated it.

Schematical representation allows to allocate three levels of the organisation of activity PDN in Russia.

The first administrative level is presented by activity OOMOD PDN and TSVSNP UPiIAZ GUOOOP the Ministry of Internal Affairs of the Russian Federation [326].

The second level - the organisation of work of departments (branches) PDN, a part Managements (departments) of the organisation of activity of district militia officers of police and divisions on affairs of minors territorial OVD at regional level.

The first and second levels of specialised police service PDN Ieper with minor offenders do not carry out directly function of the organisation and carrying out, directing the activity on the organisation of due functioning of the subordinated divisions, a regulation of the rights and duties of employees PDN, the control, rendering of the practical and methodical help, maintenance of quality Ieper.

The third level - PDN territorial bodies of the Ministry of Internal Affairs of Russia at regional level - acts as the direct subject of carrying out Ieper with minors in full.

Activity of linear divisions of the Ministry of Internal Affairs of Russia on transport owing to specificity of objects of service does not include Ieper with minors in the form of their statement on the preventive account.

In «the Peking rules» (the rule 12.1) is underlined, that for the best performance of functions employees of police, is frequent or on a constant basis contacting to minors, should have training special preparation, and coordination of offences with an urbanization orders to create special police divisions [327] in large cities.

The given requirement to the full is considered in organizational activity of the Russian police and caused, besides,

Necessity of special knowledge of the personnel (in the field of pedagogics and psychology), interaction on a constant basis with other departments (bodies and establishments of system of preventive maintenance), importance of the social mission, carried out function (it is in more details stated in 1 paragraph of the present dissertational research).

Under the general rule, according to item 13 ch. 1 items 5 and item 1 ch. 1 item 21 FZ № 1201999 Ieper, concerning minors is spent PDN OVD [328] which, being structural unit of divisions of police, will organise it after fulfilment of illegal act.

Chief OVD possesses the right under a certain condition (presence in the list of staff only one post of employee PDN) and certain circumstances (its temporary incapacity for work, stay in business trip, holiday, on training) duties on carrying out Ieper to assign to employees of other divisions (preferably - on UUP) with an establishment of corresponding payment [329].

Juridiko-technical defect absence in Instruction PDN of such basis, as «time discharge from performance of official duties of the employee» [330] is represented.

The legislative ground for statement of the minor on the account in PDN are the documents listed in item 6 FZ № of 120-1999 and item 42 of Instruction PDN [331].

The analysis of the specified norms reveals a discord of their formulations (the appendix 4 see).

So, in subparagraph 42.2 of Instruction PDN the textual changes brought in subparagraph 3 of item 6 FZ № of 120-1999 by the federal act from November, 23rd, 2015 № 313-FZ, defining as the subject, authorised to take out the decision, «the head of the organ of inquiry» [332] are not considered.

Subparagraph 42.3 of Instruction PDN [333] providing «the report on administrative violation on which the decision on appointment of administrative punishment» as the basis for statement of minors on the account is accepted, is represented superfluous, since. The given decision is made out by the decision which is covered by subparagraph 42.2 of the same Instruction.

However the most disputable and ambiguous is subparagraph 42.4 of Instruction PDN which changes essence of the norm which have been put in pawn by subparagraph 5 of item 6 FZ of 120-1999 on following bases.

First, withdrawal from the text of the instruction of the accurate formulation of the law on the conclusion statement «the head of body» and its inclusion only in the formalized form to the specified instruction (the appendix № 15) is represented not absolutely proved.

Secondly, absence in the text of the instruction of instructions that such conclusion is taken out only «by results of the spent check of complaints, statements or other messages» [334], in our opinion, breaks the requirement of clearness, definiteness of legal regulation, allows employees of police to interpret any way norm of instruction PDN, unreasonably expanding a circle of persons, covered Ieper from employees of police.

In item 6, 21 FZ № 120-99 and item 2, 49 Instructions PDN are defined categories of minors in the relation which Ieper is spent.

The analysis of the specified norms reveals absence of unity in their formulations in a part, Instruction PDN of the list of persons concerning unreasonable expansion in which relation Ieper can be spent, for the account «made antisocial action» (the appendix 4 see).

On the basis of the stated it is believed necessary to result item 42, 49 Instructions PDN in conformity from item 5, 6 FZ № 120-99

Characterising the bases and objects of preventive influence, it is necessary to stop on a number of the problem moments.

We remind, that the general legislative purpose Ieper with minors is the prevention from their party of fulfilment of offences and antisocial actions.

Though on the essence any offence is antisocial action, the legislator has not casually divided "offence" and «antisocial action».

In the Law on preventive maintenance antisocial action is understood «as the actions of the physical person breaking the standard norms of behaviour, morals, and also the rights and legitimate interests of other persons, but not attracting administrative or the criminal liability» [335].

In our opinion, dim enough definition of the term of "antisocial actions», containing in the Law on preventive maintenance, not only does not allow to recognise as its suitable for the characteristic of the phenomena of the social validity, but also contradicts the legal logic, putting an equal-sign between contempt of law and norms of morals.

perechislitelnyj a way of a statement of such actions, containing in item 1 FZ № 120-1999, suffer also logic discrepancy. In norm name eight kinds of the actions which are antisocial.

The first group of actions communicates the legislator with regular (that is two and more times) the use of the substances resulting an organism in state of drunkenness (drugs, psychotropic, stupefying substances, alcohol, spirtosoderzhashchaja production).

The second group of actions - employment by prostitution, begging, vagrancy.

From the given list employment by prostitution - the administrative violation provided by item 6.11 KoAP the Russian Federation, therefore cannot be considered as antisocial action.

Separate laws of subjects of the Russian Federation provide administrative responsibility for begging. For example, article 16 of the Law of the Yaroslavl area «About administrative violations» provides the penalty to 2 000 roubles for sticking to citizens for the purpose of begging [336].

The third group of actions is opened and is formulated in the law as follows: «other actions breaking the rights and legitimate interests of other persons» [337]. Inherently they are offences owing to that laws of persons are established NPA, and their infringement is under protection of rules of law of various branches of law.

In the departmental statistics of the Ministry of Internal Affairs of Russia till 2014 the minor made actions of the second and third groups that does not allow to estimate total and a share in the general structure of the persons consisting on accounts were not allocated.

For January, 1st, 2015 on accounts in police for similar antisocial actions there were 17 628 minors, for January, 1st, 2016 - 17 008 persons that constituted - 11,0 % from the general number, consisting on accounts [338].

In FZ «About police» antisocial actions are mentioned two times in connection with powers of police: to deliver minors, their made, in specialised agencies for the minors requiring social rehabilitation (item 15 ch. 1 items 13) to form and to lead databanks (to process data) about the minors who have made similar actions (item 5 ch. 3 items 17).

The analysis of the specified norms, and also item 4 ch. 1 item 12 FZ «About police» does not allow to draw an unequivocal conclusion on the right of employees of police to organise Ieper with the minors who are engaged in vagrancy, begging, prostitution, and making other legislatively not certain actions, «breaking rights and legitimate interests of other persons».

The spent questioning has revealed, that 48,3 % of respondents consider, that it is necessary to transfer separate categories of minors in conducting other subjects of preventive maintenance (data on expert group - 63,6 %).

Only 27,5 % from the interrogated have supported expansion of the list of categories with which the police should carry out Ieper (expert group - 18,2 %) (item 21 of the appendix 1 see, item 19 of the appendix 2).

Discretionary powers of officials of police, specify in presence of the certain bases (the positive characteristic of the offender, his parents (legal representatives), normal conditions of a life, possibility of maintenance of supervision and effective educational influence) for nepostanovki on the account of the teenagers who have made for the first time administrative violations.

Distribution of the given bases and on antisocial actions [339], also is called into question by possibility and necessity of statement on accounts of the persons who have made such actions.

The spent interrogation in expert group has revealed, that 31,3 % of respondents have specified in absence of practice on statement of minors on the account before offence fulfilment, 40,6 % - have specified in singularity of such cases (1-2 times for a half-year), and 31,2 % - have noted existing practice (item 20 the appendix 2 see).

Studying of registration-preventive materials has shown, that in the given category the minors who have autocratically left a family or establishments of system of preventive maintenance of neglect and offences of minors (except special uchebnovospitatelnyh establishments of the closed type) which during the period uhodov are engaged in vagrancy or begging, as a rule, enter.

Actually after an establishment of a site of the child the employee of police except the reasons and conditions of fulfilment of leaving finds out where, on what means the minor lived, discriminating thus two categories of teenagers:

1) living after leaving from the house at relatives (the friends familiar) on their means, or after leaving from educational institutions - at the parents having means of subsistence;

2) living after leaving in unadapted premises (stations, cellars garrets of houses) and extracting means of subsistence begging.

In the decision about refusal in excitation of criminal case upon autocratic leaving of the minor data that the teenager which are subsequently the basis for conclusion removal did in leaving contain.

For example, except social and legal aspects of vagrancy of children there are medical aspects. Hypotheses of clinical psychologists and psychiatrists about vagrancy original causes in psihopatijah various geneza (a schizophrenia, arrests of development, neurotic frustration) have received acknowledgement in researches of L.S.Ponse [340], A.A.Rezakova [341], T.N.Chizhovoj [342].

We believe, that the separate categories listed in FZ № of 120-1999, cannot be on accounts in police owing to the international norms and modern approaches of the domestic criminal legislation to essence of their actions.

For example, according to subitem «b» Optional protocol item 2 № 2 to «Conventions on the rights of the child, concerning trade in children, children's prostitution and a children's pornography» [343], ratified by Russia [344], under children's prostitution is understood use of the child, i.e. The person who have not reached 18-year-old age, in activity of sexual character for compensation or any other form of compensation.

Thus, the international law recognises that prostitution of children - the form of their sexual operation. On norms of international law the child rendering sexual services for compensation, - a victim in any situation, and the states which are participants of the Optional protocol, undertake to take the measures providing rendering of any appropriate help to victims of such offences (physical, mental restoration and the social reintegration).

Considering the world tendency of development of the legislation - criminalisation of actions of the clients connected with fee of prostitutes (the Scandinavian countries, the USA), - in Russia in 2013 of item 240.1. UK the Russian Federation has been established the criminal liability for reception of sexual services of the minor [345].

Hence, under the modern Russian legislation the minor person who is engaged in prostitution, - the victim from a crime. Statement of such persons on accounts in police contradicts principles of the international and modern Russian right.

For the permission of questions concerning a circle of the bases of application of administrative compulsion it is necessary to address to doktrinalnym to the approaches which have developed in domestic jurisprudence.

Supporters of the first approach (S.S.Alekseev [346], A.I.Kaplunov) consider, that compulsory actions are applied to prevention, liquidation or elimination not only offences, but also other phenomena which bear in itself safety threat, and the binding of compulsion to an offence does not reflect full volume of "actually carried out state compulsion» [347].

Supporters of the second approach (M.H.Farukshin, M.S.Studenikina, D.N.Bahrah. V.Rossinsky, J.N.Starilov) believe, that the state compulsion is possible only in case of unlawful conduct and is a special kind of "the legal compulsion consisting in application by subjects of the public functional power established norms of administrative law of forced measures in connection with wrongful acts» [348].

We believe, that in police activity are possible administrativnopredupreditelnye measures concerning minors without presence in their actions of unlawful conduct, for example timely removal from objects of railway, water and air transport of neglected children [349], revealing and dostavlenie in a part of lost the way children on duty [350].

At the same time the competitor considers, that as the basis of occurrence of legal relations with participation of employees of the police connected with carrying out Ieper within the limits of the preventive account, presence in actions of teenagers of the illegal or antisocial act defined by the law, its legal estimation fixed in pravoprimenitelnom the certificate of competent body is.

According to item 11 FZ № 120-99, the subparagraph "and" item 7 «Approximate position about the Commissions on Juvenile Affairs and protection of their rights» [351], the given body is defined as the co-ordinator of carrying out Ieper bodies (establishments) of system of preventive maintenance concerning minors.

Spent to 2015 Minobrnauki Russia monitoring of activity KDNiZP of subjects of the Russian Federation has allowed to draw a conclusion on absence of a uniform order and the approach to procedure of reference of citizens to a category being in «socially dangerous position».

Such decisions accept various structures: KDNiZP in municipal unions in 70,4 % of cases; other bodies or interdepartmental consultations - 11,0 %; interdepartmental groups - 7,0 %; bodies of social protection of the population - 4,2 % [352].

Delimiting objects of preventive influence from employees of police concerning the persons making

Antisocial actions presence of plurality of bodies (establishments) and property sistemnosti, in our opinion, is necessary to use their influences, and also possibility of joint decision-making.

During the spent questioning of 70,2 % of respondents have specified, that most often concerning preventive maintenance it is necessary them

To co-operate with KDNiZP (expert group - 72,7 %), including 78,2 % of respondents have specified, that the specified body is the most effective in such work (expert group - 72,7 %) (subitem 10.5, 10.1.5 appendices 1, subitem 8.5 see, 8.5.1 appendices 2).

Proceeding from target mission KDNiZP (activity coordination (establishments) preventive maintenance systems), for streamlining of relations connected with statement on accounts of divisions of police of the minors who have made antisocial actions, we consider necessary to add:

- Part 2 items 11 FZ № 120-1999 of the following maintenance of item 7: «consider materials of bodies (establishments) of system of preventive maintenance about antisocial actions of minors»;

- The subparagraph in"item 7 (the municipal commissions)« Approximate position about the Commissions on Juvenile Affairs and protection of their rights »[353] to add with words:« accept decisions about necessity of carrying out Ieper with the minors who have made antisocial actions ».

At the same time from paragraph 5 of item 1 FZ № 120-1999 «antisocial actions» to exclude a word "prostitution".

In the scientific literature the various points of view on understanding of the purposes and essence of registration activity contain. So, K.S.Belsky carries registration activity to police activity [354]. According to D.N.Bahraha registration appointment consists in legal acknowledgement of the facts and checks of reliability of the data containing in documents, the facts necessary for the official certificate, and their subsequent account, citizens providing the right and protection of public interests [355].

With. M.Zyryanov has specified in autonomy of registration activity from the control and supervision [356]. However in a context of an investigated direction of administrative activity of police registration is not considered by us as independent legal relation, an independent kind of control activity, and registration function of registration are considered as an initial stage Ieper.

However point of view JU is represented to more proved and answering problems of dissertational research. V.Kivich and E.V.Spektora which as the purposes of the state registration name creation of the unified account, allowing to provide public and state security, and also a recognition of the legal capacity of subjects in a certain field of activity [357].

The minors put on the account are registered by means of traditional technologies on paper carriers (in magazine of registration of the persons consisting on the account in PDN OVD); Ieper is reflected in UPK [358] and UPD [359] with familiarising of explanations, characteristics, sheets of monthly checks on ISU about perfect administrative violations etc.

The spent interrogation has revealed, that 46,2 % of respondents do not exclude the additional bases for application of coercive measures to minors (expert group - 55, 2 %) (item 14 of the appendix 1, item 12 of the appendix 2 see).

The opinion is obvious, that the information factor defines quality of any activity, including considered in the present dissertational research.

Article 17 FZ «About police» gives the right to employees of police to form and to lead databanks of various categories of citizens, including - minor (item 5, 17).

That is actions of employees of police on formation of databanks of minors have not any character, and are based on the given right of realisation of the account of physical persons.

In scientific community and among pravoprimenitelej application practice, theoretical problems and questions of perfection of the state dactyloscopic registration are actively discussed.

In V.I.Komissarova, E.S.Lapina's [360] works, I.A.Tshovrebovoj [361],

O.P.Gribunova [362] results powerful arguments in favour of the general

Dactyloscopic registration of the population.

It is connected by that papilljarnye patterns of fingers of hands of the person possess the unique properties caused by action of biological laws: individualities, vosstanavlivaemosti,

Relative stability, and also action of chemical and physical processes - otobrazhaemosti, allowing with the highest the probability shares to identify people.

In Russian empire daktiloskopirovanie it was regulated «by Rules about manufacture and registration of dactyloscopic pictures» from December, 22nd, 1906 the Given procedure were exposed «convicted of the crimes involving punishments, connected to the attainder, awarded to to the reference in a hard labour or on the settlement, convicted of vagrancy» [363].

In the USSR dactyloscopic registration was carried out concerning arrested persons for vagrancy and begging. However since 1964 the interdiction for such account of the persons who have not reached 18 years has been entered.

The mission and use of the dactyloscopic information with an adoption of law «About dactyloscopic registration» [364] obviously is beyond criminal sphere as persons of "dangerous" trades are exposed to the given procedure, foreign subjects of various categories (the coming under deportations which have arrived in search of a refuge etc.), persons, whose activity is connected with the weapon, and also the neolearnt corpses.

Similar laws of the CIS countries use the given tool concerning administratively arrested (item 6 of item 10 of the law of republic Moldova [365]; item 1.8 of item 7 of the law of Byelorussia), the persons consisting on preventive accounts in OVD in which relation safety and treatment forced measures (item 1.8 of item 7 of the Law of Byelorussia [366] [367]) are applied.

Obligatory state dactyloscopic registration is come under by following categories of minors:

1) suspected of committing a crime;

2) convicted of committing a crime;

3) condemned for committing a crime;

4) made administrative violation if to establish their person a different way it is impossible (there are no the documents proving the identity, and the person cannot inform on itself data, or deliberately hides such data, and also cannot be identified other persons).

For daktiloskopirovanija the minor specified categories the permission and presence of their legal representatives is not required.

At statement on the account of other categories of minors employees PDN OVD can offer parents (other legal representatives) teenagers to spend voluntary dactyloscopic registration of their children.

The operative person on duty is obliged to organise daktiloskopirovanie (item 12) of all persons delivered in office accommodations of parts on duty of territorial bodies of the Ministry of Internal Affairs of Russia [368], coming under to the obligatory

Dactyloscopic registration according to the item of item 9 of the Law «About the state dactyloscopic registration» [369].

Working out and introduction ADIS [370] allows to spend checks under dactyloscopic accounts OVD, regional dactyloscopic accounts of subjects of the Russian Federation, making in krotchajshie terms identification of the person on the traces of the hands which have been found out during survey of a scene.

Basis of the automated dactyloscopic accounts of the Ministry of Internal Affairs of Russia is ADIS "Papilon", replaced dactyloscopic accounts in the paper form. It is base of all largest Russian automated databanks of the dactyloscopic information of the federal, inter-regional and regional level, used including FSB, UFSIN, the Ministry of Defence.

Practically in all territorial OVD work local stations ADIS which are connected to system EITKS that provides direct connection of local stations ADIS OVD to a regional file of dactyloscopic cards.

We consider, that taking into account requirements of practice it is expedient to add Federal act item 9 «About the state dactyloscopic registration» with point "f", having stated it in the following edition: «the citizens put on accounts in divisions OVD (police) on the basis of federal acts».

The given norm would cover the minors put on the account in PDN. Value of the given norm, in our opinion, is beyond purely practical reasons razysknogo character. Reception of prints of nail phalanxes and the palms, an appropriate explanation of possibilities of use of the given information at exposure of the persons who have committed a crime to the teenager and his parents, will allow to influence psychologically in a certain measure minors.

The basic argument of opponents of introduction of dactyloscopic registration is insufficient maintenance of protection of the dactyloscopic information in divisions of the Ministry of Internal Affairs, interfaced to possibility of its falsification, use for the purpose of abusing.

Existing technologies of copying of patterns of the fingers, capable to overcome protection of dactyloscopic scanners [371], considering system of protection of the personal information in system of the Ministry of Internal Affairs of Russia, with a small share of probability can be used in the illegal purposes.

In the conclusion under the paragraph it is necessary to draw following conclusions:

1. One of forms of is administrative-legal compulsion is the prevention including various on character is administrative-precautionary is standard fixed measures, based on a presumption of adverse consequences of their non-use. The given measures unlike legal responsibility do not contain sanctions, however their realisation is carried out only on lawful basises by the authorised subjects in a certain remedial order with a view of public safety maintenance.

2. Individual preventive work of police with minors is is administrative-compulsory legal relation. The given legal relation, possessing similar characteristics with the personified (administrative) supervision, cannot be carried to that owing to differences in the establishment bases, a procedure, absence of additional restrictions and duties poduchyotnogo persons.

3. The model Ieper polices with the minors, generated on the basis of long supervision of the social validity, the conclusions, differing high degree of the probability, generalised by jurisprudence and embodied in the legislation, is based on a presumption of possibility of socially harmful behaviour of certain subjects. It is realised only in the presence of the bases specified in the law, in the provided remedial order and consists in realisation of imperious, unilateral actions from the authorised employees of police (as a rule - PDN, TSVSNP, UUP), consisting in intrusion into certain spheres of ability to live supervised without its consent and possibility directly to apply administrative compulsion or to bring other competent bodies an attention to the question on application of the state compulsion.

4. Proving practical necessity and standard uncertainty of the bases of carrying out Ieper polices with the minors making antisocial actions, with the account of modern approaches, the author puts forward legislative proposal on specification of categories of such minors and use in the mechanism of their statement on accounts in divisions of police of co-ordinating possibilities and remedial decisions KDNiZP.

5. Data recording about the minors put on the account by means of traditional technologies on paper carriers, complicates processing, storage, use of the information on such persons. In law-enforcement activity by one of the basic, widespread and reliable ways of fixing of the information on the person of the person the dactyloscopy is. The problems of organizational, technical character overcome in last years in this sphere, allow the competitor to propose expansion of categories of the citizens who are coming under obligatory daktiloskopirovaniju at the expense of persons (including. Minors), being on accounts in OVD (polices) on the basis of federal acts.

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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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