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legal bases of administrative activity of police on preventive maintenance of offences of minors

In the Russian Federation the legislative basis for settlement of system of legal relations of all bodies, establishments and the organisations in sphere of preventive maintenance of offences and neglect of minors taking into account regional possibilities and features (appendices 7 see, 8) is created.

The public relations arising in the course of activity of given subjects, are realised and develop on an is standard-legal basis.

One of the pivotal functions of the right - regulation of public relations. To "regulate" is to order something, to enter into certain frameworks. Therefore legal regulation is «streamlining with use of legal means of [134] public relations» [135].

It is necessary to agree with S.S.Alekseeva's opinion which considers, that the concept of legal regulation allows to consolidate «together the phenomena of the legal validity - norms, legal relations, juridical acts and to depict them as integrity... To present them« in working », sistemnodinamicheskom a kind that characterises productivity of legal regulation, its ability to guarantee from a legal side achievement of the purposes put by the legislator» [136].

From the middle of 60th HH century the thesaurus of the Russian jurisprudence has replenished with concept MPR which all set of legal means taken in unity with which help legal influence on public relations »[137] is provided is meant«.

C. C. Alexeys allocated in the given mechanism following elements: «legal rules, individual instructions, legal relations, certificates of realisation of the rights and duties» [138].

If to sum up opinion of other scientists except traditional elements wide enough list of other legal means entering into the considered mechanism is presented: legal responsibility, legal consciousness, legal culture [139], right principles, juridical facts, privileges, encouragement and punishment [140] measures, certificates of interpretation of rules of law [141], legal presumptions and fiction [142].

For example, G.G.Kuragin considers, that the legal consciousness and legal culture are only result of legal influence [143]. Therefore, for inclusion in the considered mechanism of the given phenomena of the legal validity it does not find the bases.

The analysis of approaches on substantial characteristic MPR allows to reveal attempt of audit of its name. V.S.Chetverikov, J.N.Starilov consider, that MPR it is more expedient to name «legal regulation system» [144].

J.N.Starilov allocates following elements of system of is administrative-legal regulation: «1) rules of administrative law; 2) administrative law application; 3) administrativnopravovye relations» [145].

In our opinion, it is not necessary to refuse steady concept MPR as it specifies in static character and dynamism of the phenomenon, and sistemnost - only qualitative characteristic of the given mechanism.

In 80th HH century expressed the ideas which have not received the development, allocation of legal regulation of crime prevention in independent special branch of law [146].

Activity on preventive maintenance of offences of the minors, carried out by police as an enforcement authority component, is to the greatest degree settled by norms of administrative law.

However the major feature of this activity is wide use of norms of other branches of the Russian and international public law, implementirovannyh in domestic legal system.

In research we will pay considerable attention administrativnopravovomu to regulation as to the mechanism of is imperative-standard streamlining of the organisation and activity of subjects and objects of the management, directed on formation of a stable legal order [147].

In many researches in is administrative-legal sphere the accent becomes only on two traditional elements: 1) legal (legal) norms; 2) legal relations [148].

The given state of affairs is represented not casual as a link determinatsionnyh communications rules of law are primary, and legal relations - a derivative element from them. In turn certificates of realisation of the right proizvodny both from rules of law, and from legal relations.

Let's underline, as the legal culture, legal consciousness and other elements play the important role in MPR and, not giving in legal institutsionalizatsii, can render steadier and powerful influence on public relations, than the formalized legal means. However owing to limitation of volumes of research we will stop on system of the standard legal acts comprising the rules of law, being a primary element, a link of the given mechanism.

The rules of law containing in standard legal acts, carry out numerous functions in MPR.

First, they contain status instructions about enforcement authorities.

Secondly, comprise law-enforcement and jurisdiktsionnye the instructions defining measures of the state compulsion, public punishments and sanctions, the bases of their application, the competence of subjects of preventive maintenance on application of the specified measures.

Thirdly, establish a legal status of objects of influence, a guarantee of observance of these norms subjects of preventive maintenance.

Fourthly, rules of law carry out educational functions which are expressed in influence on consciousness of the person by means of legal means and promote habit formation to observe the law and finally - to respect the law. The purpose of legal education of the person consists in formation of such requirement at which lawful acts would become a habit, became a usual norm of behaviour [149].

The spent questioning has revealed, that 82,6 % of respondents consider standard legal base existing now on preventive maintenance of offences of minors not enough police providing activity in the specified direction (data on expert group - 72,7 %), and as the basic measure of increase of efficiency of activity of 60,2 % have specified in perfection of legal acts (expert group - 96,3 %) (subitem 9, 12 appendices 1, subitem 7 see, 10 appendices 2).

In legal science there was an understanding of certain system of legislative and other standard legal acts. As a rule, all certificates are considered from the point of view of their validity which, according to J.A.Tikhomirov, is considered as property (sootnosimost and sopodchinennost), reflecting a parity of various kinds of certificates of the state bodies and their place in system of legal acts [150].

It is necessary to agree with J.N.Starilova's considering opinion, that «the validity specifies in ability of the certificate of management to act in a role of a standard regulator of administrative relations, and also to solve the general and government specific targets» [151].

The document of the higher validity in territory of the Russian Federation is the Constitution of the Russian Federation. In the Constitution there are no norms which directly regulate public relations in sphere of preventive maintenance of offences of minors. However a number of the constitutional positions pawns principles of such regulation.

Special value for preventive activity has the Constitution item 6, specifying in the unanimity of the rights and duties, responsibility of the person before the state.

It is necessary to address also to the analysis of articles of chapter 2 of the Constitution of the Russian Federation devoted to the rights and freedom of the person and the citizen.

For law-enforcement activity the constitutional positions about the social state which policy is directed on creation of appropriate conditions for a worthy life and free development of the person (item 7) have special value; about inadmissibility of belittling of advantage of the person (item 21); about inadmissibility of penetration into dwelling «against the will of persons living in it differently as in cases, statutory, or on the basis of a judgement» (item 25 [152]).

Article 38 of the Constitution of the Russian Federation as the constitutional principle proclaims a state duty to carry out protection of motherhood, the childhood and a family.

It is necessary to notice, that the legal basis of activity of police in considered sphere is constituted also by system of the international legal certificates containing conventional principles and norms of international law, and also international treaties of the Russian Federation. Necessity to observe and possibility to apply in territory of the country law enforcement bodies and other state bodies of norms mezhdunarodnopravovyh certificates is contained by positions ch. 4 items 15 of the Constitution of the Russian Federation that «the conventional principles and norms of international law and international treaties of the Russian Federation are a component of its legal system» [153].

The constitution of the Russian Federation does not open concepts "legal system", «the conventional principles and norms of international law», "international treaty".

Legal fastening from the given triad has received only concept "international treaty" which contains in Federal act item 2 «About international treaties of the Russian Federation» from July, 15th, 1995 [154].

The Supreme Court of the Russian Federation had been defined conditions of application of the international treaty in territory of the Russian Federation: the international treaty should be ratified; the international treaty establishes other rules, than are statutory [155].

Concerning a fundamental legal category "legal system" in the legal literature there are various points of view, however within the limits of the given research is believed expedient to agree with S.S.Alekseeva, V.N.Sinjukova's position which include set of all legal phenomena in its structure: the right,

The legislation, legal practice, legal ideology, legal relations, legal sanctions etc. [156].

The concept «the conventional principles of international law» has been used for the first time in 1919 in item 4 of the Weimar constitution of Germany which provided, that «the conventional norms of the international

The rights operate as an obligatory component of the German imperial right »[157].

The analysis of theoretical sights and certificates of interpretation of the right allows to draw a conclusion that the conventional principles are also the norms generalising the maintenance as some of more concrete rules of behaviour, and the rights as a whole. They, unlike the conventional norms, represent itself as the general reference point (the standard expressing the moral requirement) [158], possess the higher degree standard

obobshchennosti [159], bolshej a validity [160], absolute imperativeness (inadmissibility of a deviation from their requirements), direct action within jurisdiction of the Russian Federation [161].

Feature of mandatory provisions of the general international law (jus cogens), or, in terminology of the Russian Constitution, «the conventional principles and norms of international law», is compulsion of their application at national level without dependence from the consent to it of the state.

In a science as right principles usually understand the cores, supervising ideas, starting positions or the leading beginnings of process of formation, development and right functioning as systems as a whole, and separate branches and institutes.

Value of principles consists in the following: they reflect essence, the maintenance, features of legal regulation; allow to understand sense of such regulation, to meet legislation lacks;

Directly being fixed in laws, form special group of rules of law - so-called "norms-principles"; serve as practical guidance in activity; are reference points for right development.

There is a positive practice of instructions in the departmental orders regulating activity of divisions of the Ministry of Internal Affairs of Russia, that in the activity they are guided by the conventional principles and norms of international law [162].

However even on doktrinalnom level exist a disagreement and uncertainty concerning inclusion of this or that concrete norm or a principle in number of imperative (conventional). Considered principles receive various interpretation in interstate and international courts of justice [163].

In daily activity of police on preventive maintenance of offences of minors questions on what norms and principles to consider entering into number jus cogens, whether extend separate norms only on certain sphere (for example, the criminal trial) or have wider application, also cause difficulties, and frequently are unsoluble.

It is connected with various factors: quantity and in volume of the international documents, complexity of their juridiko-technical designs, uncertainty of mechanisms of their realisation in the national legislation, including at departmental level, absence of certificates

Interpretation, professional impreparation of employees,

Carrying out considered activity, etc.

So, the Convention on the rights of the child (Conventionon the Rightsof the Child) [164] in ch. 1 item 3 proclaims as a principle, that all actions of the state and private establishments, administrative or a legislature, vessels concerning children should provide prime attention to the best maintenance of interests of the child.

And if semantic and the equitable construction allows to establish, that "prime" is primary, and "best" - the most qualitative in the absence of legal definition of concept «interests of the child» its volume and the maintenance for each employee of police will be defined only by its qualification, experience and sense of justice.

The part 3 items 9 of the Convention fixes the right of the child which is separated from parents, to maintain on a regular basis personal relations and direct contacts to both parents, except for cases when it contradicts the best interests of the child.

The minors who are in establishments of system of preventive maintenance of neglect and offences of minors, have the right to maintenance of communication with a family by telephone conversations and appointments without restriction of their quantity [165].

However in the departmental Instruction on the organisation of activity TSVSNP the mechanism of realisation of the granted right is not fixed [166].

The best way of realisation of principles and norms of international law is them implementatsija in the national legislation that will allow to raise efficiency of administrative activity of police considerably.

So, in the Minimum standard rules of the United Nations, concerning deliverings justice concerning minors («the Peking rules») (United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) [167], in a rule 12.1 it is underlined, that for the most effective precautionary activity concerning minors it is necessary to organise special preparation of employees of police bodies and to create for these purposes

Specialised divisions in large cities. The rule 17.3 enters an interdiction for corporal punishments. In a rule 8 the interdiction for the publication of any information specifying in the person of the minor offender, its reputation causing a damage contains.

Similar norm contains item 4 «the Code of behaviour of officials on law and order maintenance» (Code of Conduct for Law Enforcement Officials) which specifies, that «the data of confidential character received by officials on maintenance of the law and order, remain as fiduciary if discharge of duties or requirements of justice do not demand other» [168].

In ch. 3 items 41 of the Law of the Russian Federation «About mass media» the interdiction for distribution in messages and materials of any data on minors with instructions of concrete categories of persons is entered:

1) committed crimes, 2) crimes suspected of fulfilment; 3) made administrative violations; 4)

Made antisocial actions [169].

The given norm korrespondiruetsja with ch. 1 items 8 FZ «About police», activity of police establishing an openness if it does not contradict requirements of the legislation of the Russian Federation about the criminal trial (ch. 3 items 161 UPK), manufacture on affairs about administrative violations (article 24.3 KoAP the Russian Federation), HORDES, do not break the rights of citizens.

The rule of 10.1"Minimum standard rules of the United Nations, concerning deliverings justice concerning minors» establishes procedure of informing on detention of the minor of parents or trustees, defines time requirements to such order - immediately and in the shortest possible terms.

In the Russian legislation the rule that his parents or other legal representatives are without fail notified on administrative detention of the minor (ch is established. 4 items 27.3 KoAP the Russian Federation, ch. 8 items 14 FZ «About police»).

In the order of the Ministry of Internal Affairs of Russia from March, 2nd, 2009 № 185 [170] the mandatory provision about the immediate notice of parents and other legal representatives of the minor detained administratively contains.

Thus, realisation of standards (principles and norms) international law is progress in sphere of law-enforcement activity, approaching it to world samples in sphere of preventive maintenance of the offences, however a necessary condition for their effective application is further implementatsija principles and norms in the national legislation. It will inevitably result in strengthening of the international accent in departmental standard legal acts that is an appropriate guarantee of maintenance of the rights, freedom and interests of minors in administrative activity of police on preventive maintenance of offences. The given circumstance will raise requirements to qualification as the employees developing departmental standard legal acts, and those who realises them in practical activities, that will positively be reflected in a condition of the law and order and legality on the scale of the state.

In the scientific literature it is underlined about twenty international legal acts as the general, and special character which concern preventive activity in the relation несовершеннолетних1. Obzorno we will stop only on what have the greatest relation to administrative activity in police practice.

The international pact «About the civil and political rights» [171 [172] (International Covenanton Civiland Political Rights) defines inadmissibility of any and illegal intervention in personal and home life (ch. 1 items 17), the right of the juvenile child, considering its immaturity and development potential, on measures of protection according to its status from the party not only his family, but a society and the state (ch. 1 items 24).

Considering the international legislation, it is necessary to name «the Declaration about social and the legal principles, concerning protection and well-being of children, especially by transfer of children on education and their adoption at national and international levels» (Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and internationally) [173].

In the document it is specified, that each state should pay prime attention to well-being of a family and the child; well-being of the child depends on well-being of a family; the care of the child lays, first of all, on its own parents. In cases when parents do not care of the child, it is necessary to consider the problem on care from relatives of parents of the child, and in case of need - about a premise of the child in the specialised agency.

Earlier mentioned «the Convention on the rights of the child» inherently represents a combination of the liberal concept about the child as the carrier of universal human rights and the social democratic concept about possibility of the state intervention in relations of a family and children. It contains articles reflecting a wide spectrum of relations, connected with ability to live and a legal status of the child in a society.

Some articles of the considered document have special value for employees of police as are devoted the rights of children who are in a difficult situation.

The convention establishes, that the child deprived of a family environment or if it cannot remain in such environment, has the right to special state protection and the help, and also regulates the right of the child to the reference, taking into account the age features, aimed at its reintegration promoting development in it of feeling of advantage and the importance, strengthening of respect for human rights and fundamental freedoms of others.

45/112 General Assemblies have been accepted on December, 14th, 1990 by the resolution Supervising principles of the United Nations for the prevention of criminality among minors (United Nations Guidelines for the Prevention of Juvenile Delinquency) (Ayr-Rijadskie supervising principles) [174].

Among principles of the given document it is necessary to note the following:

1) reduction of the reasons of fulfilment of offences, restriction of conditions should be based on special theories;

2) impartiality and justice at intervention of official bodies in any sphere of ability to live of minors;

3) insignificant deviations in behaviour of minors from social norms should be considered as feature of development of their person;

4) collision of minors with justice system should have exclusive character and arise only in case of emergency.

Before to pass to the analysis of federal acts, we will notice a position of the Constitutional Court of the Russian Federation which has specified, that concepts "family", "motherhood", "paternity", "childhood" are objects of the constitutional regulation, but it «is carried out by means of special acts, both federal public authorities, and authorities of subjects of the Russian Federation» [175].

In our opinion, the constitutional positions and positions of international legal certificates should be considered in interrelation with norms of federal acts, employees of police should know and consider their norms in everyday activity.

FZ «About police» in item 2 fixes ten basic directions of the activity, six of which (subitem 1-6), in our opinion, expressly or by implication concern preventive activity concerning minors.

In item 12 item 4 the duty of participation of police in preventive maintenance of neglect and offences of minors and propagation of legal knowledge is defined.

In item 13 item 15 the general bases for dostavlenija the minors requiring social rehabilitation, in TSVSNP, in specialised agencies and in office accommodations of divisions of police are defined at fulfilment of an offence by them or antisocial action, and also neglected and homeless.

Legal basis of activity of police set and others NPA federal level (constitutes decrees and orders of the President, the decision and the Government order), regulating public relations in the considered sphere, mentioning activity of police and its employees.

For example, the decree of the President of the Russian Federation from June, 1st, 2012 № 761, defining problems and ways on creation of the effective mechanism of protection of the rights and legitimate interests of children, probably to realise only with participation of divisions of police.

In decrees of the President of the Russian Federation from March, 1st, 2011 № 248, 250 [176], from December, 21st, 2016 № 6991 questions of organizational construction, the police competence, including of sphere of preventive maintenance of offences of minors are defined.

The decree of the President of the Russian Federation from August, 10th, 2011 № 1060 on the Ministry of Internal Affairs of Russia assigns a duty to place in a network the Internet and to support in an actual condition «data on the persons put on the wanted list on suspicion in fulfilment of crimes, and also on the persons put on the wanted list as without a message gone» [177 [178], that represents especial value for search of the minors who were missing.

As example NPA, the Russian Federations published by the Government, it is possible to consider the Governmental order of the Russian Federation from October, 15th, 2003 № 627 [179] which provides the separate maintenance of the minors detained for administrative violations, from full age persons, the interdiction for detention of the persons having at of children is elderly till 3 years, and impossibility of transfer of the last to other persons.

On November, 6th, 2013 the Governmental order of the Russian Federation № 995 by which approximate position about KDNiZP is approved, regulating the important points of order of the organisation and functioning of the given collegiate body at level of subjects of the Russian Federation and municipal unions [180] is accepted.

FZ № 120-1999 has assigned on subjects of the Russian Federation considerable powers in the field of preventive maintenance of neglect and offences of minors and has created a basis for legislative settlement of system of legal relations of all bodies and establishments in the specified sphere taking into account regional possibilities and features. Using the rights given to it, subjects of the Russian Federation pass laws on various aspects of neglect and offences of minors.

Experts mark high quality of the complex standard legal act of Krasnodar territory - the Law № 1539-KZ from July, 21st, 2008 «About measures on preventive maintenance of neglect and offences of minors in Krasnodar territory» [181].

Now in all subjects of the Russian Federation there are such laws. In republic Komi - the Law «About some measures on preventive maintenance of neglect and offences of minors in Republic Komi» [182], in territory of of Sevastopol - the Law «About measures on

To preventive maintenance of neglect and offences of minors in the city of Sevastopol »[183].

JU. P.Solovej specified, that without normotvorcheskih powers enforcement authorities not in a condition to function, as the legislator cannot provide and regulate all diverse public relations requiring regulation, such attempt reduces rates legislatively process and quality законов1.

According to item 2 subparagraph 2 «Positions about the Ministry of Internal Affairs of Russia» to problems of the given body is standard-legal regulation in sphere of internal affairs »[184 [185], integrally entered in structure concerns«

Administrative influence on social processes.

Main objective of activity of the Ministry of Internal Affairs of Russia on preparation and acceptance NPA is not only creation of appropriate conditions for effective functioning of bodies and the divisions which are carrying out protection of a public order, but also maintenance of legality, delimitation of possible behaviour of officials of the given department in mutual relation with citizens.

As overwhelming majority NPA in system of the Ministry of Internal Affairs either are orders, or affirm orders it is lawful to speak about four groups of the orders regulating preventive activity of minors: 1) the basic orders defining the general approaches to preventive activity, a legal status of specialised divisions of police or separate officials under the prevention of neglect and offences of minors, the bases, methods, ways, a procedure of their activity, and also the reporting of the given divisions [186]; 2) the orders containing separate norms, defining powers of other divisions of police in the given sphere; 3) orders of the general character in which separate positions about powers contain, the competence, privileges and privileges, financially technical maintenance of employees of the police, dealing with considered problems; 4) joint orders of the Ministry of Internal Affairs with other subjects of preventive maintenance.

Let's stop on short characteristic NPA the Ministry of Internal Affairs of Russia in sphere of realisation by police of powers on preventive maintenance of offences of minors.

To the first group of orders, certainly, it is necessary to carry the order of the Ministry of Internal Affairs of Russia from January, 17th, 2006 № 19, approved «the Instruction about activity of law-enforcement bodies under the prevention of crimes» and positions about operative staffs (further - OSH) the Ministry of Internal Affairs of Russia and territorial body of the Ministry of Internal Affairs of Russia at regional level on preventive maintenance правонарушений1.

According to the given order the prevention of neglect and offences of minors is one of five directions of the prevention of crimes.

To employees of divisions of police (UUP, PDN, PPSP, criminal investigation department) is charged to support the interaction directed on revealing of crimes, made by minors to take part in carrying out of joint complex operatively-preventive actions, and also

To give the information concerning the minor offenders, extracted during operatively-office activity.

Rather interesting the intrinsic and juridiko-technical formulation containing in item 4.3 of Position about OSH the Ministry of Internal Affairs of Russia on preventive maintenance of offences which carries to one of problems of the given supernumerary body development of decisions and preparation «organizatsionnoprakticheskih the actions directed on preventive maintenance of offences of minors and neglect» [187 [188] is represented.

In our opinion, unlike traditional formulations "neglect" and «offences of minors», in the given document the attention to «preventive maintenance of offences of minors», as on priority, a mainstream in activity of the Ministry of Internal Affairs of Russia is focused.

The order of the Ministry of Internal Affairs of Russia № 845 from October, 15th, 2013 approves «the Instruction on the organisation of activity of divisions on affairs of minor law-enforcement bodies of the Russian Federation» (further under the text - Instruction PDN) [189], establishing algorithm of action

Employees PDN on the organisation Ieper with minors, forms of documents for the given activity.

Employees PDN are allocated with nineteen powers in various directions of police activity: rendering of assistance in search of various categories of minors; a supply with information of investigation of crimes; manufacture on affairs about administrative violations; preparation of materials on the minors who have made administrative violations, for their time maintenance in establishments of police of the closed type; the organisation and carrying out Ieper by statement on the account of the minors specified in subparagraphs 4-14 of point 1 of item 5 FZ № on 1201999 etc.

The order of the Ministry of Internal Affairs of Russia from September, 1st, 2012 № 839 [190] has defined an order of reception, the maintenance of minor offenders in TSVSNP for the purpose of protection of their life, health and the prevention of repeated offences, carrying out with them Ieper.

The orders regulating activity of various divisions of police, but containing positions concern the second group of orders on an order of the organisation of activity with minors.

For example, at dostavlenii suspected and convicted minors in a part of territorial body of the Ministry of Internal Affairs of Russia on duty the operative person on duty is obliged to bring them in the Book of the account of the persons delivered in a part on duty, and, being guided by item 20.3 of the order of the Ministry of Internal Affairs of Russia from April, 30th, 2012 № 389 [191], immediately to inform about

The given fact of legal representatives of the minor.

Concerning the minors searched as without a message gone, the initiator of search (item 23) is notified, and the teenager to be obliged (item 23.2) to is transferred employees PDN.

The given rule in itself is represented illogical as search business is led by the employee of criminal investigation department who should interrogate the minor about its site, fulfilment concerning it illegal act, that is a necessary element for the termination of search business. The employee of search as well as employee PDN, can establish parents and legal representatives of the minor and to transfer it to them.

Therefore it is represented to us, that in point 23.2 of the considered instruction of a word «the employee of divisions on affairs of minors» should replace with words to "the initiator of search».

In item 195 of the Order of the Ministry of Internal Affairs of Russia from March, 2nd, 2009 № 185 [192] the rule about the immediate notice of parents and other legal representatives of the minor detained administratively contains. The concept "legal representatives" reveals in Civil and Family codes of the Russian Federation. We consider, that in departmental certificates of the Ministry of Internal Affairs of Russia it is more expedient to list all list of the persons covered by given concept (parents, trustees, trustees, adoptive fathers, guardianship bodies).

Official duties PPSP in studied sphere are fixed in section «Powers of dresses PPSP under the prevention and suppression of offences among minors» Charter PPSP approved by the order of the Ministry of Internal Affairs of Russia from January, 29th, 2008 № 80 [193]. In the given order the positions mismatching historical realities contain. For example, according to item 217.4, employees PPSP are obliged: «the nobility in patrolled territory of the minors who have come back from vospitatelno-labour colonies, condemned to imprisonment conditionally or with suspended execution of sentence to supervise their behaviour in public places, on all offences from their party to inform the inspector on affairs of minors» [194]. In our country vospitatelno-labour colonies existed during the period since 1969 till July, 1st, 1997 [195]

It is necessary to specify the orders of the general character containing positions about powers, the competence, additional duties, privileges and privileges, material support of employees of police and the divisions which are carrying out preventive activity concerning minors.

So, to employees PDN and TSVSNP it can be established nenormirovannyj the office day compensated in the form of in addition holiday by duration from 7 till 10 days annually [196], to employees PDN of territorial bodies of the Ministry of Internal Affairs of Russia 20 % the extra charge, and TSVSPN-10 % the extra charge to the official rate of pay [197] are established.

TSVSPN territorial bodies of the Ministry of Internal Affairs of Russia at presence to 26 kojko-places should have on 1 unit of each kind of motor transport (the car, the bus of a special small class, a cargo motor van load-carrying capacity to 2,0 t.) [198] etc.

It is necessary to carry joint orders of the Ministry of Internal Affairs to the fourth group of orders with bodies and the establishments which are carrying out preventive work [199].

It is necessary to notice, that the sphere of interaction of divisions of police with bodies, establishments of system of preventive maintenance is the least settled sphere.

The carried out research allows to formulate following conclusions under the paragraph:

1. Analysis NPA, divisions of police regulating activity on preventive maintenance of offences of minors, has shown, that they consist of set of international legal certificates, national acts, and also subordinate legislation NPA, including departmental, containing the norms defining a legal status, the rights and duties of police divisions on preventive maintenance of offences of minors.

2. The international standards in sphere of maintenance of the rights, freedom and interests of minors make their demands further implementatsii in the domestic legislation. Working out departmental NPA taking into account the given positions and their realisation in administrative activity of police possess the powerful not used potential for consolidation of legality and law and order maintenance.

3. Classification of orders of the Ministry of Internal Affairs of the Russian Federations regulating preventive activity of minors is offered. The orders defining approaches to preventive activity, a legal status of specialised divisions of police are carried to the first group under the prevention of neglect and offences of minors, the bases, methods, ways, a procedure of their activity, the reporting of the given divisions. The second group includes the orders containing separate norms, defining powers of others

Police divisions in the given sphere; the third - the orders containing separate positions about powers, the competence, privileges and privileges, material support of employees of police,

Dealing with considered problems; the fourth group - joint orders of the Ministry of Internal Affairs of Russia with other departments which are carrying out preventive maintenance of offences of minors.

4. In departmental orders of the Ministry of Internal Affairs of Russia the positions contain, allowing to organise activity of police divisions on preventive maintenance of offences of minors. During too time separate lacks departmental normotvorchestva, expressed in disorder, discrepancy, nekonkretnosti and duplication of separate legal instructions demand elimination.

1.3.

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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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  2. 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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  16. Gajdukov Andrey Aleksandrovich. is administrative-LEGAL REGULATION of ACTIVITY of POLICE UNDER the PREVENTION And SUPPRESSION of OFFENCES In SPHERE of FAMILY-HOUSEHOLD RELATIONS. The DISSERTATION on competition of a scientific degree of the master of laws. Omsk 2018, 2018
  17. legal regulation of organizational-administrative activity on corruption preventive maintenance in regional vessels of the Russian Federation.
  18. 1.2. Theoretical problems of maintenance of legality in administrative activity of police