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§ 3. The is administrative-legal preventive punishment police of offences in sphere of family-household relations

Suppression of offences in sphere of family-household relations is the difficult and responsible problem facing to employees of police. The social danger and harm of offences, their heavy consequences for a family in the form of rupture personal, family relations and social communications, mental and physical traumas have objectively defined necessity of independent and operative reaction of police by means of an is administrative-legal preventive punishment.

Thereupon measures of counteraction from police should be correlated with degree of danger of a perfect offence, the person of the offender and to be based on an estimation of the reasons and conditions of their fulfilment. However to choose lawful and suppression effectual measures, it is necessary to be defined with what wrongful acts concern offences in sphere of family-household relations. The characteristic of offences in sphere of family-household relations has shown, that they have the combined character and include acts, legal responsibility for which is provided UK the Russian Federation, KoAP the Russian Federation, laws on administrative responsibility of subjects of the Russian Federation. It is illegal encroachments against a life and health, personal liberty, the rights, honour and advantage of citizens in which basis without fail lays family - the household conflict more often. Feature of offences in considered sphere is that direct threat of danger proceeds from close persons, instead of from extraneous citizens. In most cases offences in sphere of family-household relations have deliberate, purposeful, subjective character and are often caused by influence of alcohol, narcotics and psychotropic substances. As it is paradoxical sounds, but the vital interests of close persons, and also their safety become the most vulnerable in their own habitation. Complexity of a choice employees of police of a preventive punishment also is caused by various forms of antisocial behaviour in sphere of the family-household relations, not regulated by rules of law. Moreover, cases when application of a preventive punishment is accompanied by negative reaction and physical counteraction of the dissatisfied party are frequent. More often it occurs, when the victim and the offender are in state of drunkenness.

The problematics of application of an is administrative-legal preventive punishment in various spheres of public relations has found reflexion in researches of the scientists-administrativistov which common position consists that the is administrative-right preventive punishment is a version of measures of the state compulsion [205]. Nevertheless, in the scientific environment there is no unequivocal approach to the purposes of application of considered measures. So, A.I.Kaplunov considers, that measures of is administrative-legal suppression are applied to the termination objectively illegal criminally or administratively punishable деяний2.

K.A.Kareeva-Popelkovskaja believes, that the purpose of their application is the immediate termination really and openly existing illegal situation, and also creation of possibility for the subsequent attraction of the infringer to legal responsibility [206].

A number of researchers hold the opinion that administrativnopravovye a preventive punishment is applicable with a view of prevention of illegal act or behaviour, possible negative or socially dangerous consequences of these displays and creation of organizational conditions for the subsequent attraction guilty to a corresponding kind legal ответственности2.

According to S.J.Anohinoj and and. V.Myagkov, measures of administrative suppression are applied, when the offence directly is in a fulfilment stage, and by means of these measures it is barred. Their main purpose consists in the unlawful conduct termination, elimination of an illegal situation, compulsion of the offender to behave legally, in the frameworks established by rules of a hostel. In one cases concrete action — a wrongful line of conduct, a line of action is barred. Concrete administrative offence serves in other cases as the basis for preventive punishment application,

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In the third — regular infringements, an antisocial way of life.

Measures of administrative suppression are connected with direct intervention in activity of the subject that allows to deprive actually of its physical possibility to operate. Considered measures are often applied on the basis of the infringement fact, without drawing up of the corresponding written certificate as necessity urgently to stop wrongful acts excludes this possibility. For application of measures of administrative suppression the fact, instead of the unlawful conduct reasons which research is possible only during the decision of a question on attraction of the person to legal responsibility [207] is important.

According to JU. M.Kozlova and L.L.Popova, application administrativnopravovyh a preventive punishment in police activity «is caused by necessity of the fast and effective termination of a various sort of encroachments on

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Personal security, the rights and freedom of citizens ». D.S.Dubrovsky, E.A.Tsygankov consider, that measures of administrative suppression extend and on

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Antisocial behaviour of citizens.

Briefing stated, it is necessary to concretise a spectrum of action of an is administrative-legal preventive punishment in sphere of family-household relations. The given measures are directed on suppression of the administrative violations provided KoAP the Russian Federation, and also penal acts, responsibility for which is provided mainly to item 105 item, 111, 112, 115, 1161, 117, 119, 213 UK the Russian Federation. It in the majority the crimes encroaching for a life and health.

Is administrative-legal preventive punishment is executed by direct direct intervention of the subject of administrative authority in actions of the infringer. Duration of application of a preventive punishment is defined by the termination of an offence or achievement of the purpose of a measure of maintenance of manufacture on business about administrative violation. Application of measures of administrative suppression in sphere of family-household relations is connected with occurrence of event of the offence caused «... Negative will of the concrete person also does not demand preliminary research of the form of fault, and also actually fault presence as compulsory condition of their application» [208].

Feature of application by police of measures of administrative suppression is caused by specificity of family-household relations, i.e. The developed system of spiritual and material mutual relations between close persons, and also weight of perfect illegal act. In considered sphere of public relations sometimes it is difficult to define development of antisocial behaviour, immoral, unworthy acts into an offence.

Interrogation of employees of the police leaving under messages on incidents in sphere of family-household relations, and also citizens which their help was required, testifies to different ways of the resolution of conflict. In one cases close persons for the permission of the family-household conflict resort to the help of employees of police. In other situations (that happens much more often) any facts of the insult, humiliation of honour and advantage, a physical pain, physical injuries disappear, ignored, them do not disclose up to approach of the heaviest consequences when compulsory intervention of the state in sphere of family-household relations carries certainly a binding character.

The analysis of the legislation of the Russian Federation has allowed to break an is administrative-legal preventive punishment of offences in sphere of family-household relations into separate groups of measures of physical, mental and property compulsion.

Mental compulsion represents verbal influence on will, emotions, reason, i.e. On mentality of the person. It is directed on formation of such strong-willed installation which is capable to change behaviour by threat of violence or any other measures of the influence, able to entail unprofitable consequences for личности2.

Valid claims of the employee of police concern a preventive punishment of mental character. They are primary administrativnopravovymi a preventive punishment. According to L.L.Popova, the preventive punishment in the form of legal requirements about the unlawful conduct termination is formed of three elements: explanations to the infringer of character of a made offence; preventions of attraction possibility to legal responsibility at continuation of wrongful acts; otobranija signatures about the termination illegal поведения1. The purpose of the given preventive punishment is the appeal of the offender to an order. As a matter of fact, through the requirement to cease unlawful conduct (an appeal to an order) two aspects of mental compulsion are realised: threat of application of retaliatory potential of the right; external a cart -

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Action in relation to the subject (infringer). The given preventive punishment is provided item 1 ch. 1 items 13 and item 1 ch. 1 item 28 of the Law on police also extends on any illegal acts, i.e. Administrative violations and the crimes made in sphere of family-household relations. A legal requirement about the termination of wrongful acts can be both written, and oral.

For maintenance of safety of victims, and also for liquidation of possibility of renewal of wrongful acts in police practice such measure of mental compulsion as a legal requirement to leave the crime scene, administrative violation, a scene (item 7 ch is often applied. 1 items 13 of the Law on police). This preventive punishment is universal in application, both to the offender, and to victims. It is necessary for division of conflicting parties. Besides, provides possibility of documenting of the fact of fulfilment of an offence in sphere of family-household relations. The given measure is pertinent and effective, when viktimnoe the behaviour of the victim provokes the offender to application of physical violence, insults etc. [209 [210]

Valid claim of the employee of the police concerns measures of mental compulsion in sphere of family-household relations, directed to the address of the persons suspected of committing a crime or administrative violation also, to remain on a place before arrival of representatives of territorial body or police division (item 4 ch. 3 items 28 of the Law on police). The specified is administrative-legal preventive punishment pursues the obvious aim in the form of attraction of the offender to criminal or administrative responsibility.

In cases when at committing a crime in sphere of family-household relations the weapon (more often cold or hunting fire is used) or the subjects used as the weapon, the employee of police, proceeding from developed conditions, has the right to put forward a legal requirement about weapon delivery. Default of the given requirement involves application of the physical strength, special means and fire-arms (ch. 2 items 20, ch. 3 items 21, item 5 ch. 1 items 23 of the Law on police).

Other measure of is administrative-legal suppression of mental character is the prevention of intention to apply special coercive measures — the physical strength, special means or fire-arms. Realisation of a considered measure occurs in case of disobedience to legal requirements of the employee of police about the unlawful conduct termination, about delivery of the weapon being at it (ch. 1 items 19 of the Law on police). It is necessary to notice, that the given measure is applied by employees of police as a reinforcement of a primary preventive punishment of mental character simultaneously with power influence on the offender.

Let's give an example. « On the night of June, 18th, 2013 in a part of a department of the Ministry of Internal Affairs of Russia on duty on Novoaltaisk was called by the local resident and has informed, that now will kill the wife that it to it has ostensibly changed. On a scene the group of immediate reaction has been immediately directed. The employees of the police who has arrived on a call, have seen, that the man behaves very aggressively, is in a condition of strong alcoholic intoxication and keeps the woman on a porch of the house under the threat of a knife. Policemen have found out, that for that moment in the house there was an acquaintance of the quarrelled pair with the juvenile child. Considering a critical situation, on a scene there has in addition arrived a traffic police squad. Not reacting to legal requirements to cease wrongful acts, to hand over the weapon, the prevention of intention to apply special coercive measures, the offender on eyes of employees of police has started to strike to the spouse blows by a knife. According to requirements of the Law on police the senior of group of traffic police, considering, that threatens a life of the woman real danger, the organic weapon, preliminary having made a precautionary shot has been forced to use. From the got wound the man has deceased subsequently »[211].

Other group of measures of is administrative-legal suppression is represented by measures of physical character in which basis compulsion of the person to performance of the duties assigned to it and interdictions by influence on a personal immunity and freedom lays.

Employees of police for suppression of offences in sphere of family - household relations have the right:

1) to apply measures of maintenance of manufacture on affairs about administrative violations (chapter 27 KoAP the Russian Federation);

2) to apply other measures provided by the legislation on administrative violations (item 8 ch. 1 items 13 of the Law on police);

3) to carry out in an order established by the legislation on administrative violations, personal inspection of citizens, examination of things being at them;

4) to deliver citizens in office accommodation of territorial body or police division, in a premise of municipal body, in other office accommodation with a view of the decision of a question on detention (item 13 ch. 1 items 13 of the Law on police);

5) to deliver on a written statement of citizens in the medical organisations or in office accommodation of territorial body or division of police being together with them in dwelling of citizens in a condition of alcoholic, narcotic or other toxic intoxication if there are bases to believe, that they can harm a life and health of citizens, to aggrieve to property.

Dostavlenie, applied as a preventive punishment, not only promotes elimination of threat of personal security, but also provides possibility of realisation with citizens of the constitutional laws and freedom [212]. Application of the given measure promotes dissociation of conflicting parties and gives the chance to employees of police to collect evidentiary base of a perfect offence.

To the measures of administrative suppression limiting a personal freedom, detention of persons concerns:

1) suspected of committing a crime;

2) in which relation manufacture on affairs about administrative violations is led;

3) made an attempt suicides or having signs of the expressed mental derangement and creating the actions danger to and associates.

It is necessary to carry application of the physical strength, special means and fire-arms to a special preventive punishment of physical character. According to JU. P.Shevchenko which we completely support, power measures of police have a main objective — to bar an offence, to prevent or cease dangerous event or its consequences. Besides, the police is obliged to carry out power protection of citizens against illegal encroachments and other kinds of danger, at liquidation of negative consequences dangerous события2.

Application of a special preventive punishment is caused by that during the family-household conflict or an offence the citizen does not react to valid claims of employees of police and continues active violent actions.

The physical strength, special means and fire-arms should be applied by employees of police taking into account created conditions, character and degree of danger of actions of persons, character and force of resistance rendered by them. Thus the employee of police is obliged to aspire to minimisation of any damage (ch. 3 items 19 of the Law on police).

Let's consider the position presented by us on an example. On August, 5th, 2016 in with. artamonovo Altay territory the district militia officer of police has arrived on a call about the family-household conflict. Citizen V, having suspected the spouse in change, began it to threaten with an axe. To requirements of the district militia officer of police did not react, then object of the criminal trespass has chosen the employee of police. Concerning citizen V the fire-arms [213] have been applied.

Influence by the physical strength, special means employees of police should be ceased, when the object in view of suppression of an offence is reached, i.e. The person applying violence in a family, is neutralised, its actions are stopped.

Property compulsion represents such preventive punishment, as withdrawal by police of the civil weapon. The given preventive punishment is realised, when the fact is established, that the weapon was shown, shown or transferred during the family-household conflict (rules of storage or weapon use as a whole have been broken) or it was a subject of threat of personal security, a crime, administrative violation. The weapon is withdrawn by police on the bases and is perfectly in order, predusmot - rennom item 27 of the Federal act from December, 13th, 1996 «About the weapon» [214] and item 27.10 KoAP the Russian Federation.

During dissertational research the analysis of messages on incidents in sphere of the family-household relations registered in territorial law-enforcement bodies of the Siberian federal district is carried out. Studying of the received data has allowed to establish the maintenance of messages, and also a circle of applicants which the help of police on elimination of threat of personal security was required. In 70 % of cases participants of incidents are spouses and roommates, about 20 % — parents and children; relatives and other close persons constitute 10 % from number of participants. In 83 % of cases the family-household conflict arose against alcoholic intoxication, in 17 % of cases scandal in a family passed against finding-out of personal aversions between spouses and roommates. The received statistics is presented proceeding from the analysis of concrete vital situations which have arisen in the course of family-household relations.

The data received during interrogation of citizens and employees of police, have allowed to establish the purposes of a call of police on the family-household conflict. So, it is necessary to carry elimination of threat of personal security of citizens to the prime purpose, first of all — their life and health. The second was the permission of the family-household conflict at impossibility of its localisation by own strength.

The most widespread measures of administrative suppression applied by police, are dostavlenie and the further administrative detention.

Employees of police have the right to deliver on a written statement of citizens in office accommodation of territorial body or division of police being together with them in dwelling of the persons who are in a condition of alcoholic, narcotic or other toxic intoxication if there are bases to believe, that they can harm a life and health of citizens, to aggrieve to property (item 14 ch. 1 items 13 of the Law on police).

Realisation of the given preventive punishment is possible under following circumstances.

First, aggressive behaviour of the person who are in state of drunkenness (alcoholic, narcotic, toxic etc.) Which causes feeling of fear and fear for a life and health in the citizens who are with it in premises. Secondly, the actions of such person directed on damage or destruction of property. Attempts will concern such actions to break ware, to break furniture, home appliances, attempts to burn personal things of relatives etc. For example, in Barnaul citizen N which is in a condition of alcoholic intoxication who in a court yard of the private house has burnt personal things of the spouse has been delivered on a written statement in territorial body of the Ministry of Internal Affairs of Russia, having suspected it in matrimonial change. Employees of police have been caused after verbal threats of physical violence and a poisoning. Materials on the given fact have been written off in special nomenclature business. The resulted case testifies that personal security and damage threat or property destructions can be considered by policemen in aggregate. The expediency dostavlenija is in frameworks of the discretion of the employee of police and is made proceeding from the developed situation on a scene.

Legal ground dostavlenija is the written statement about necessity of application of the considered coercive measure. The legislator has not established the concrete list of persons which can address in police with the given statement. However, proceeding from the analysis of considered legal relations, to applicants we can carry relatives of persons, and also the citizens who are in dwelling on whom aggression has been directed.

It is important to pay attention to that fact, that the general term for application of a considered measure is danger to the associates, proceeding from the citizen to which employees of police are obliged to pay attention and otre - agirovat. In this case it is represented obvious, that as the basis dostavlenija the persons who are in state of drunkenness, the medical criterion serves not, i.e. Intoxication degree, and dangerous, menacing behaviour of the person who are under the influence of alcohol, narcotics, psychotropic substances, toxins etc.

In this connection it is important to consider the problem on the legal characteristic dostavlenija citizens from dwelling on the bases provided by item 14 ch. 1 items 13 of the Law on police. First, dostavlenie it is carried out only within the limits of the Law on police and represents the police power. Secondly, it is realised with a view of maintenance of personal security of citizens. Thirdly, dostavlenie it is made out documentary, and this purpose is served by the statement of the citizen and the official report of the employee of police. Fourthly, the considered police power is the measure of administrative suppression directly applied to the citizen as temporarily limits its freedom and has compulsory character. For refusal to proceed in office accommodation of territorial body or division of police the citizen can be involved in administrative responsibility on ch. 1 items 19.3 KoAP the Russian Federation. Besides, concerning it physical strength application (item 3 ch is possible. 1 items 20 of the Law on police). Fifthly, feature of application of the given preventive punishment consists that it in the majority in legal acts of subjects of the Russian Federation is not caused by offence fulfilment. As an application legal ground dostavlenija the citizen from dwelling the juridical fact of the antisocial behaviour which has been not connected with an offence, and also a offence [215] serve.

It is necessary to notice, that laws of some subjects of the Russian Federation (for example, republics Altais, Bashkortostan, Nizhniy Novgorod, Saratov, areas) provide administrative responsibility for offences in sphere of family-household relations, including for fulfilment family-household deboshirstva. Nevertheless, considered dostavlenie cannot be applied employees of police as a measure of maintenance of manufacture on affairs about administrative violations.

Proceeding from the legal characteristic dostavlenija citizens from dwelling in state of drunkenness, becomes obvious, that the purposes of the given preventive punishment are the prevention of offences and suppression family - the household conflict in which process there is a threat of personal security of citizens.

For the applicant result of application of the given measure will be short-term elimination of threat. In turn, the delivered citizen will be limited in freedom exactly for that period during which it is carried out dostavlenie. On sense of the Law on police, the citizen after arrival in territorial body or police division should be immediately released, as dostavlenie does not provide the further compulsion. Thereupon statement JU is absolutely fair. P.Solovja that «the person will be considered delivered, and dostavlenie finished after it has stepped over a building threshold where the territorial body or police division» [216] is placed.

Apparently, the legislator started with a principle, that if actions of the citizen do not fall under offence structure there are no bases for its detention. Moreover, in the law it is not spoken about the maintenance before sobering as concerning the citizen manufacture on business about administrative violation is not carried out.

Briefing stated, it is necessary to assume, that measures of administrative suppression as a whole and dostavlenie in particular should be combined with established by the Federal act from June, 23rd, 2016 № 182-FZ «About bases of system of preventive maintenance of offences in the Russian Federation» forms of preventive influence. However it is important to pay attention to that fact, that

Forms of preventive influence should be carried out only after sobering of the citizen.

Thus, application of an is administrative-legal preventive punishment is caused by presence of the established event of an offence in sphere of family-household relations and is a reciprocal measure of counteraction on its fulfilment. Their realisation occurs during the direct termination revealed by the employee of police of an offence, and also within the limits of reaction to references of citizens. The order of use of influence such is strictly regulated by standard legal acts: it is applied directly (personifitsirovanno) to physical persons, the action beginning occurs on a place and during offence fulfilment.

Complex application of measures of administrative suppression in sphere of family-household relations in a combination to forms of preventive influence will allow: to create necessary legal conditions for elimination of threat of personal security of citizens; to lower quantity of the offences directed against a life and health of citizens; to cease the family-household conflict having illegal dynamics; to reduce quantity of messages on the incidents demanding a repeated call of police; to provide timeliness of carrying out of individual preventive work; to improve organizational and tactical actions of employees of police under the prevention and suppression of offences in sphere of family-household relations.

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A source: 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

More on topic § 3. The is administrative-legal preventive punishment police of offences in sphere of family-household relations:

  1. § 2. Is administrative-legal measures of the prevention police of offences in sphere of family-household relations
  2. § 1. The police competence under the prevention and suppression of offences in sphere of family-household relations
  3. § 3. Administrative responsibility for the offences made in sphere of family-household relations
  4. 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
  5. CHAPTER 1. THE GENERAL CHARACTERISTIC OF IS ADMINISTRATIVE-LEGAL REGULATION OF THE PREVENTION AND SUPPRESSION OF OFFENCES IN SPHERE OF FAMILY-HOUSEHOLD RELATIONS
  6. CHAPTER 2. PRAVOPRIMENITELNAJA POLICE ACTIVITY UNDER THE PREVENTION AND SUPPRESSION OF OFFENCES IN SPHERE FAMILY-HOUSEHOLD RELATIONS
  7. § 2. The legislation of the Russian Federation on the prevention and suppression of offences in sphere of family-household relations
  8. § 1. History of formation and development of the domestic legislation on the prevention and suppression of offences in sphere of family-household relations
  9. Chapter 1. Teoretiko-legal bases of administrative activity of police in sphere of preventive maintenance of offences of minors
  10. concept, essence, kinds and the basic characteristics of administrative activity of police of sphere of preventive maintenance of offences of minors
  11. legal bases of administrative activity of police on preventive maintenance of offences of minors
  12. Chapter 2. The maintenance of administrative activity of police on preventive maintenance of offences of minors
  13. 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
  14. § 2. Directions of perfection of the legislation on administrative responsibility for offences in sphere of ground relations