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Introduction

Urgency of a theme of research. Strategic priorities of a state policy of Russia have found the expression that 20182027 have been declared by Decade of the childhood [1].

For last five years annually come to light more than 190 thousand the administrative violations made by minors which, possessing smaller degree of danger in comparison with crimes in individual display, are the threat second for the importance to the existing law and order.

Their danger consists not only in character of individual illegal acts, but in bolshej prevalence, influence on formation of illegal installations of the person. In 2016 each twenty second crime has been made by minors or at their partnership [2].

The president of the Russian Federation in annual messages to Federal assembly of the Russian Federation puts problems on working out of a modern and effective state policy in the field of a family and the childhood, defining, that one of the major national priorities of the state bodies is rendering assistance and supports to the citizens, faced a problem of homelessness and juvenile delinquency [3].

National strategy of actions in interests of children for 2012-2017, stimulating development of the legislation on child care, as the basic problems defines prevalence of family trouble, various forms of violence concerning children, and also «insufficient efficiency of available mechanisms of maintenance and protection of the rights and interests of children, low efficiency of preventive work with unsuccessful families and children» [4].

For their decision formation of system of counteraction is necessary for crimes and other offences «first of all among minors (including monitoring and an efficiency estimation pravoprimenitelnoj experts), as the most important direction of a state policy in the field of national safety» [5].

In March, 2017 on enlarged session of board of the Ministry of Internal Affairs of Russia Minister of Internal Affairs V.A.Kolokoltsev has noticed, that minor offenders still demand steadfast attention. In 2016 in sight of employees of police was over 140 thousand the teenagers consisting on accounts for various offences [6].

The Ministry of Internal Affairs of Russia has huge historical experience of participation in carrying out of a policy of the state on minimisation of negative processes in the teenage environment. Revealing of administrative violations, the organisation of registration activity, carrying out of individual preventive work with minors are elements of the many-sided and volume administrative activity which is carried out by the most numerous part of given department - police.

The legislation of the Russian Federation assigns to police, along with other subjects, the duty «to participate in preventive maintenance of neglect and offences of minors; to participate in propagation of legal knowledge» [7].

The given circumstances allow to consider administrative activity of divisions of police on preventive maintenance of offences of minors as one of priority directions of work of the Ministry of Internal Affairs of Russia. Dynamics of development of the public relations, raising requirements to protection of the rights and freedom of citizens and efficiency of activity of police demand perfection of its legal, organizational and methodical maintenance.

In necessity of perfection of legal maintenance of activity of police on preventive maintenance of offences of minors specify results of the sociological research spent during preparation of the dissertation.

So, interrogation of heads PDN and TSVSPN regional level (further - expert group) has shown, that 96,3 % of the respondents who have taken part in interrogation consider perfection of standard legal acts by the optimal way of maintenance of efficiency of activity of police in the specified sphere. Questioning of 248 heads and employees territorial OVD various level has revealed, that 60,2 % of respondents (item 9 of the appendix 1, item 7 of the appendix 2 see) adhere to the same opinion.

Condition of a scientific readiness of a problem. The theoretical analysis of scientific sources on an investigated problematics shows, that administrative activity OVD on preventive maintenance of offences of minors was a subject of steadfast attention of scientists.

Administrative activity of bodies of public authority, including police, was investigated in works of scientists of the pre-revolutionary period

I.E.Andrievskogo, N.N.Beljaevskogo, E.N.Berendtsa, V.M.Gessena, I.T.Tarasova.

The teoretiko-legal model of administrative activity of the Soviet militia has been stated in V.M.Bezdenezhnyh, O.I.Beketov, M.I.Eropkina, F.E.Kolontaevskogo's works, And. P.Korenev,

L.L.Popova, L. M.Rozina, JU. P.Solovja.

Separate aspects of history of formation of administrative actions concerning minors in activity of police and militia of our country are investigated in L.I.Beljaevoj, M.F.Vladimirskogo-Budanov, N.N.Varadinova's works, With. M.Emelina, V.N.Latkina, R.S.Mulukaeva,

A. M.Nechaevoj, P.Solomona, I.L.Janchenko.

The essential contribution to working out of theoretical and practical questions administrative pravoprimenitelnoj activity OVD in the specified sphere have brought A.A.Bezhentsev, F. P.Vasilev, And. G.Grishakov, J.N.Demidov, Ampere-second. Dugenets, T. M.Zanina, M.V.Kostennikov, S.N.Mahina, V.N.Horkov, Ampere-second. Uskov, And. V.Shevtsov.

Problems of perfection of preventive maintenance of neglect and (or) offences of minors repeatedly acted as a subject of dissertational researches in various aspects: development of the state system of preventive maintenance (O.E.Vinichenko, 2014;. P.Dorofeyev, 2015), legal and organizational bases

Activity OVD (militia) (. V.Zykin, 1996; T. V.Palehova, 1998;

B. I.Popov, 2000; And. V.Lapshin, 2001; E. V.Golovkin, 2002; A.N.Krivonosov, 2004; T. V.Obydenova, 2004), questions of protection of the rights and legitimate interests of minors (R.V.Morozova, 2001;

C. S.Bojko, 2011, T.A.Smagina, 2012), administrative compulsion

Concerning minors (L.S.Butorina, 2013),

Administrative responsibility of minors (L.A.Stebletsova, 2005; V.A.Minor, 2010), administrative responsibility of parents and persons, their replacing (S.I.Dolgova, 2014; S.S.Nehorosheva, 2017),

Administratively-legal status divisions on affairs

Minors (And. P.Tchernikov, 2006).

Recognising scientific and practical value of the given workings out, we will notice, that they have been focused mainly on research of problems of application of measures of administrative influence to minors in militia activity, however problems of preventive maintenance of offences of minors from the point of view of an updated paradigm of mutual relations of public bodies and citizens, is administrative-legal bases of activity of the reformed divisions of police, search of new precautionary possibilities in such police deserve independent consideration.

From works of an is administrative-legal problematics of last time in which have found reflexion separate aspects of administrative activity of police, it is necessary to allocate S.L.Banshchikovoj, L.S.Butorinoj, S.I.Dolgovoj, S.S.Nehoroshevoj, T.A.Smaginoj's dissertational researches.

More detailed and system analysis of is administrative-legal maintenance of activity of police in the specified sphere is spent only in O.M.Doroshenko's dissertational research [8].

Marking the importance of the saved up theoretical experience, recognising the essential contribution scientific in working out of problems of preventive maintenance of offences of minors, it is necessary to note necessity of perfection of the law-enforcement mechanism with the account of reliable maintenance of the rights, freedom and interests of the person, perfection of standard legal base, the further increase of efficiency of is administrative-legal measures in police activity under the prevention of offences of minors, filling of these measures by the preventive and rehabilitation maintenance. The specified problems have defined a choice of a theme of research.

Research hypothesis is the assumption that complex studying of various aspects of administrative activity of police on preventive maintenance of offences of minors will allow to develop the theoretical and methodical positions promoting scientific judgement of given activity, to offer ways of perfection of its legal maintenance.

Research objective is reception of new scientific knowledge of theoretical and legal aspects of administrative activity of police on preventive maintenance of offences of minors, the offer of ways of perfection of administrative activity with the account of modern development of a society, the state, police, creation of theoretical preconditions for legislation perfection.

For purpose achievement following problems have been put:

1) on the basis of intrinsic signs to formulate concept of administrative activity of police after preventive maintenance of offences of minors, criterion for classification of the given activity;

2) to investigate the standard base regulating administrative activity of divisions of police in sphere of preventive maintenance of offences of minors, to develop offers on its perfection;

3) to develop a periodization of administrative activity domestic OVD on the basis of studying of their evolution and transformation of is administrative-legal measures on counteraction to offences of the persons who have not reached age of a social maturity;

4) to study an order of the organisation of individual preventive work of police with minors, having defined its legal characteristics and directions of the further perfection;

5) to reveal problems of application by divisions of police of the legislation directed on counteraction administrative deliktnosti of minors;

6) to develop scientifically proved recommendations about change, addition of the legislation on administrative violations, the organisations of individually-preventive work with the teenagers, the functioning of police directed on optimisation in considered sphere.

Object of research are the legal relations arising in the course of administrative activity of police on preventive maintenance of offences of minors.

As object of research theoretical bases and the normative acts regulating is administrative-legal activity of divisions of police on preventive maintenance of offences of minors, an order of realisation of legal instructions act at realisation of the specified activity, the form and methods of this activity, and also results of scientific researches.

The purpose and problems, object, an object of research have caused its methodological, theoretical and empirical basis.

Methodology and research methods. System obshchefilosofskih, general scientific and special methods, and also their combination, have allowed to formulate a number of the positions which are becoming by quintessence of dissertational research and taken out on public protection.

In work are used a general dialectic method;

General scientific methods: the analysis and synthesis, an induction and deduction.

During research special methods are used

Researches of the legal phenomena:

Methods of reception of an empirical material (studying of documents, personal experience of service of the author of dissertation on various posts in divisions on affairs of minors with 1998 for 2007, including as deputy chief OOD UUMiPDN the Department of Internal Affairs on the Tula area (with 2005 for 2007) in which course the organisation of preventive activity was carried out; is concrete-sociological methods (questioning, expert interrogation));

Historical (istoriko-genetic) and rather-legal methods at studying of legal acts of various historical epoch and the present, monographies for revealing of sights of scientists, before addressing to research of administrative activity, tendencies of its development, with reference to object and an object of research;

Axiomatic, gipotetiko-deductive, logiko-theoretical

Methods, methods of idealisation and mental experiment for formation and a formulation of scientific concepts, classifications and a periodization.

During research specially-legal methods of knowledge were used also: legallistic (is standard-dogmatic), comparative jurisprudence.

Mathematical receptions with software product use «MS Excel» have been applied to processing, the analysis and representation of results of questioning and expert interrogation.

Textual and graphic receptions are used for evident representation of the statistical information with a view of illjustrirovanija and acknowledgement of conclusions of the dissertation.

Application of these methods and receptions has in aggregate allowed to investigate problems in interrelation, interconditionalities.

Theoretical basis of the dissertation are works of scientists in the field of theory of state and law (S.S.Alekseeva,

And. V.Korneva, O.V.Martyshina, And. V.Melehina, L.A.Morozovoj), administrative law (A.B.Agapov, D.N.Bahraha, K.S.Belsky, I.I.Veremeenko, I.A.Galagana, A.A.Dyomin, V.V. Denisenko, Ampere-second. Dugentsa, With. M.Zyryanov, I.I.Evtihieva, And. G.Yelagin, M.I.Eropkina, A.I.Kaplunova, JU. M.Kozlova, And. M.Kononova,

P.I.Kononova, N. V.Makarejko, M.A.Lapinoj, L.L.Popova. V.Rossinskogo, J.S.Ryabov, N. G.Salishchevoj, I.S.Samoshchenko, P.P.Serkova, A.J.Sokolova, J.N.Starilova, M.S.Studenikinoj, J.A.Tikhomirov, A.J.Yakimov), administrative activity of law-enforcement bodies (police) (J.E.Avrutina, I.A.Admiralovoj, V.M.Bezdenezhnyh, O.I.Beketov, And. P.Korenev, M.V.Kostennikova, And. V.Kurakin, And. P.Shergina).

The empirical base of research includes:

1. Statistical materials GIATS the Ministry of Internal Affairs of Russia, given Department of judicial statistics of the Supreme Court of the Russian Federation, allowed to estimate dynamic indicators, structure, a modern condition, interference of crimes and administrative violations of minors, practice of application of rules of administrative law in activity of divisions of police.

2. The materials studied by the author of dissertation on 213 affairs about administrative violations of the minors considered KDNiZP (of Moscow, the Moscow, Tula and Vladimir areas), federal courts of some regions of Russia, and also analytical materials (separate regional and city republics Buryatiya KdNiZp and Chuvashiya, Hunts-Mansijskogo of joint-stock company, Altay territory, the Novgorod area).

3. Practical activities materials (inquiries, reports, reports) GUOOOP the Ministry of Internal Affairs of Russia, UOD UUPiPDN GU the Ministry of Internal Affairs of Russia on to Moscow, OOD UUPiPDN GU the Ministry of Internal Affairs of Russia on the Perm edge, OOD UUPiPDN UMVD on the Vladimir, Moscow, Tula, Yaroslavl areas, the registration-preventive documentation (territorial OVD at regional level of the Tula, Vladimir areas).

The choice of divisions and regions of carrying out of researches was caused by that circumstance, that in them there is an extensive practice in a studied direction of activity and positive results in preventive maintenance of offences of minors are reached, and also the generalised analytical materials are presented.

4. A part of empirical base of research were results of the interrogation which has been carried out by the author of dissertation by means of specially developed toolkit during the period from November, 2015 till September, 2016

During preparation of dissertational research expert interrogation of 33 heads PDN and TSVSNP subjects of the Russian Federation from eight federal districts (trained in November, 2015 on the Higher academic courses of Academy of management of the Ministry of Internal Affairs of Russia, and also participating in a seminar-meeting in August, 2016 in Omsk) is spent.

The presented conclusions and offers lean against opinions of 248 interrogated employees OVD from more than 50 regions of the country from which 221 are employees of police. Reprezentativnost researches are confirmed with conformity of sample (participants of interrogation) to general totality characteristics (163 heads are interrogated: from central office (9 %), territorial divisions regional (55 %) and regional (36 %) the levels which were trained at 2, 3, 4 faculties, the Higher academic courses of Academy of management of the Ministry of Internal Affairs of Russia).

Scientific novelty of research consists in reception of new knowledge of administrative activity of police on preventive maintenance of offences of the minors who have not found reflexions in the legal literature. In particular, characteristics are opened and author's definition of administrative activity of police on preventive maintenance of offences of minors is offered; the historical periodization of development of such activity and its modern classification is developed; the requirement further implementatsii in the national legislation of standards (principles and norms) international law of the reference of police with minors is proved; legally significant parametres characterising features of model of individual preventive work of police with teenagers are allocated;

Specification of categories of the minors making antisocial actions, and the mechanism of the organisation of individual preventive work of police with such persons is offered; conceptual ideas and the theoretical positions directed on development of the administrative legislation, regulating police activity in considered sphere are formulated.

The basic conclusions formulated during carried out research, are the positions which are taken out on protection, and testify to scientific novelty of the given dissertational work.

The positions which are taken out on protection:

1. Author's definition of concept «administrative activity of police on preventive maintenance of offences of minors» as which it is necessary to understand set of executive actions of officials of the police realising law-enforcement function of the state within the limits of a positive law in administrativnopravovyh forms, inherent methods, with use of corresponding measures and the procedures directed on protection of public public relations from illegal acts of minors and persons, capable to make on their impact, by influence on their consciousness and will.

2. Working out of classification of kinds of administrative activity

Polices in sphere of preventive maintenance of offences of minors on the basis of various criteria: mutual relations of the subject and the addressee of influence (external and intraorganizational activity);

Validity of results of activity (normotvorcheskaja and pravoprimenitelnaja); level of the subjects who are carrying out specified activity (activity at federal, regional and local level); specialisations of police divisions (realised by the subjects specially created for realisation of preventive activity with minors (PDN, TSVSNP), and

Other subjects (PPSP, UUP, motor licensing and inspection department, IVS, divisions of criminal investigation department, division on counteraction to extremism));) influence forms (it is administrative-jurisdiktsionnaja; kontrolno-supervising;

Rehabilitation activity);) a way of influence on the minor (the activity rendering direct and mediated influence).

3. The argument of expediency further implementatsii in the national legislation in sphere of prevention of offences of standards (principles and norms) the international law, regulating the reference with the minors, capable to raise level of maintenance of their rights, freedom, legitimate interests and to order administrative activity of police.

4. An author's periodization of administrative activity OVD on preventive maintenance of offences of the minors, consisting of four stages:

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

Formation of legislative base, putting on of a considerable part of powers on preventive maintenance of offences of minors on police without creation of specialised organizational structures in the given department.

The second stage - since 1917 on 1935 - is characterised by refusal of state-private practice of counteraction to offences of minors, incidental inclusion of militian divisions in the decision of problems of homelessness, neglect and offences of minors.

The third stage - since 1935 up to the end 70th HH century - is characterised by that OVD has been functionally fixed 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 departmental standard legal base in the given direction is developed, forms and work methods are improved.

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 installations about prioritetnosti the preventive work OVD administrative activity becomes which basic tool are developed.

5. The characteristic of model of individual preventive work of police with the minors, based on developed by the social experience, the generalised jurisprudence and the presumption of possibility of socially harmful behaviour of certain subjects embodied in the legislation and realised only in the presence of the bases specified in the law, in the provided remedial order. The given order consists 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 measures of the state compulsion.

6. The offer of the mechanism of the organisation of individual preventive work with the minor persons making antisocial actions, based on a position formulation about necessity of reaction of police on similar actions and the revealed legal collisions regarding definition objectively-wrongful acts minor and applications of measures of administrative compulsion in the absence of offences.

7. A formulation and a substantiation motivirovannyh offers on perfection of is administrative-legal regulation

Investigated area:

- About modification in ch. 2 items 2.3 KoAP the Russian Federation «Age on which achievement there comes administrative responsibility» regarding fall of age of administrative responsibility till fourteen years for separate administrative violations in spheres of health protection, properties, traffic, on transport, and also encroaching on a public order and the public safety;

- About inclusion in item 27.2 KoAP the Russian Federation "Dostavlenie" positions about term restriction dostavlenija, remedial registration of the given measure concerning minors the report, the notice of parents (legal representatives) about dostavlenii minors in enforcement authority office accommodation;

- About addition of item 27.3 KoAP the Russian Federation «Administrative detention», item 27.4. KoAP «the report on administrative detention» guarantees of protection of the rights of the minors, consisting in a duty of officials to notify parents or legal representatives on the fact of detention and the location of the minor by telecommunication and fixing of the given procedure in the report;

- About instructions in item 27.12.1 KoAP the Russian Federation «Physical examination on state of drunkenness» as the unique purpose of survey reception of the proofs important for qualification of an offence;

- About addition of item 23.1 KoAP the Russian Federation "Judge" the norm allocating judges by powers on disposal of legal proceeding about administrative violations of minors on structures, containing sanctions which can be appointed exclusively vessels;

- About addition of item 9 of the Federal act «About the state dactyloscopic registration» from June, 25th, 1998 № 128-FZ the point providing obligatory dactyloscopic registration of persons, put on accounts in divisions OVD (police) on the basis of federal acts;

- About item 4 addition ch. 9 items 20 of the Federal act «About bases of health protection of citizens in the Russian Federation» from November, 21st, 2011 № 323-FZ [9] offer on the right to medical intervention without the consent of parents (legal representatives) concerning the minor persons who have made administrative violations which will allow to simplify the procedure provided by item 27.12.1 KoAP the Russian Federation.

Reliability and scientific validity of the received results is provided by complex character of information base of research, theoretical postulates of the domestic scientific community domestic and foreign scientists, system character of the analysis of the current legislation, including departmental standard legal acts, reprezentativnostju the empirical material, applied techniques and methodology, and also them validnostju.

The theoretical and practical importance. The conclusions formulated in research and the recommendation can be used for legislation perfection on preventive maintenance of offences of minors, legal and methodical perfection of activity of police of the Ministry of Internal Affairs of Russia on attraction of minors to administrative responsibility, the organisation individualnoprofilakticheskoj works with them. Offers and the conclusions stated in research, can be used in educational process of colleges of law and faculties at teaching of such disciplines, as «Administrative activity of police», «Administrative responsibility», at carrying out of employment in the educational organisations and at courses of improvement of qualification of the experts who are carrying out counteraction to teenage offences.

Approbation of results of research. Preparation and dissertation discussion are carried out on chair of management by activity of divisions of maintenance of protection of a public order of the centre of command-staff doctrines of Academy of management of the Ministry of Internal Affairs of Russia.

Substantive provisions and dissertation conclusions have found reflexion in scientific publications of the author and performances at scientifically-practical conferences: «Pressing questions of perfection of activity of services and divisions of police in the field of protection of a public order and public safety maintenance» (Moscow, Academy of management of the Ministry of Internal Affairs of Russia, 25.10.2013, 11.12.2014, 19.10.2015, 9.12.2016), «Actual problems administrative and it is administrative-law of procedure» (St.-Petersburg, the St.-Petersburg university of the Ministry of Internal Affairs of Russia 25.03.2016), «the Russian statehood: history, the present and prospects» (Moscow, Academy of management of the Ministry of Internal Affairs of Russia, 12.04.2016), «Historical traditions of law-enforcement system of Russia» (Irkutsk, the East-Siberian institute of the Ministry of Internal Affairs of Russia, 29.04.2016), LXVIII

The international scientifically-practical conference «Questions of modern jurisprudence» (Novosibirsk, 21.12.2016), the international anniversary scientific conference «to Faculty of preparation scientific and nauchnopedagogicheskih shots - 30 years: history and the present» (Moscow, Academy of management of the Ministry of Internal Affairs of Russia, 17.05.2017).

The author has taken part in IX All-Russia competition of Association of colleges of law for the best student's and postgraduate scientific work on jurisprudence «Legal potential of Russia» by which results at session of Plenum of Association on November, 27th, 2014 scientific work «Is administrative-legal and organizational bases of activity of police in sphere of preventive maintenance of neglect and offences of minors» is noted by the diploma of II degree for the second place in a state-legal nomination.

Results of research are introduced in Management practical activities on transport of the Ministry of Internal Affairs of Russia on TSFO, UMVD Russia on Jamalonenetsky autonomous region, UMVD Russia on to Lipetsk, and also in educational process of the Tula institute (branch) of federal state budgetary educational institution of higher education «the All-Russia state university of justice (RPA the Ministries of Justice), that proves to be true corresponding adoption deeds.

By results of research 15 printing works in total amount 4,4 pech are prepared. L., from them 6 articles in the magazines recommended VAK, 9 articles in other scientific editions.

The research structure is caused by the purpose and problems and consists of the introduction, two heads including six paragraphs, the conclusions, the list of the literature, the list of reductions, appendices.

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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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