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§ 2. Factors and the reasons influencing a condition, structure and dynamics of disciplinary offences and malfeasances in sphere of internal affairs and their legal characteristic

The condition of office discipline and legality in law-enforcement bodies of Republic Tajikistan demands the subject scientific analysis as it is negatively reflected in preventive maintenance, the prevention and disclosing of crimes.

The facts of the unfair, negligent and irresponsible relation of employees to the official duties, displays of roughness and red tape, bureaucratism and office carelessness, abusing the official position, drunkenness are frequent. The negative facts not only are negatively reflected in results of all activity, but also cause the proved discontent and indignation of citizens, undermine authority of militia in the opinion of the public.

And. V.Yakushev, speaking about a role value of public opinion, notices, that it is traditionally considered as the specific condition of mass consciousness expressed in judgements, estimations and requirements [69]. As mass consciousness thus understand sample, depersonalizirovannoe consciousness of ordinary citizens of the society, formed under the influence of mass media, stereotypes and mass culture myths. It is based on ordinary life experience of people. This experience also includes legal relations of citizens with employees of law-enforcement bodies. It is necessary to notice, that the infringements of legality supposed in operatively-office activity, can directly infringe on interests of citizens in a part infringement of their rights and freedom. Therefore the analysis of data on a legality and discipline condition is rather important.

Studying of total statistical data and reviews which annually prepare profile managements of the Ministry of Internal Affairs of Republic Tajikistan [70], for 20102016 has shown, that the data specified in them are resulted taking into account a direction (specificity) of activity and their positions. At the same time studying of the reports prepared by one service for the five years' period, has shown, that owing to that they prepared every year different experts (analysts), in them there is no unity of approaches and criteria in preparation and a statement of statistical data. For example, the same infringement can be carried to a disciplinary offence, or to a crime, and it can appear in the column "other".

Besides, the statistics on a certain offence (for example, use of forged documents) does not allow to build its dynamics for all five years' period (2010-2016) as it not in each accounting period (in this case year) is underlined in the statistican that does not allow to trace its dynamics for the long (five years') period.

Comparison of total accounting documentation G eneralnoj Offices of Public Prosecutor, the Supreme Court, Agencies on struggle against corruption at the President of Republic Tajikistan and other law enforcement bodies has shown, that the data resulted in them, have some contradictions. In our opinion, absence of a uniform statistical portal (base, a platform, networks) and as presence at separate heads of these machineries of state and their structural bodies of departmental interest and career ambitions has already been specified, stir to introduction of the objective reporting.

Taking into account the above-stated we take as the base accounting period 2016 which are last of empirical materials available in our disposal during 2010-2016

So, for 12 months 2016 of all 290 disciplinary offences, the law-enforcement bodies of Republic Tajikistan made to employees are registered, that is considerable (on 20 facts) exceeds indicators of the similar period 2015 (270).

Further we will consider quantity of misconduct and legality on categories of the personnel of law-enforcement bodies. From 290 facts of disciplinary offences it is made: 53 - the senior commanding structure (in 2015 - 49); 105 - average commanding structure (in 2015 - 101); 132 - younger commanding and ordinary structure (in 2015 - 120). Substantial growth of quantity of disciplinary offences among staff of law-enforcement bodies has occurred in connection with toughening of the control of discipline from a management of the Ministry of Internal Affairs, its structural divisions, and also territorial bodies of militia. As a rule, strengthening of office discipline inevitably leads to increase in number of disciplinary offences. Here it is necessary to underline, that growth of number of offences does not testify to easing of office discipline, and speaks that connivance from some heads to infringers earlier was supposed.

The analysis of disciplinary offences among staff of law-enforcement bodies shows, that disciplinary offences are most often made by the younger commanding and ordinary structure, least similar infringements are supposed by the senior commanding structure, and indicators of average commanding structure by quantity of the given infringements is between them. In our opinion, the quantity of the disciplinary offences resulted in the given statistics, correlates with level of commanding structure, that is, the the employee is more senior under the status, the it is less than offences makes. From the given statistics it is seen, that the most undisciplined is the younger commanding and ordinary structure, but during too time it is necessary to consider, that, first, number of employees of the given structure considerably surpasses average and senior commanding structures, in the second, the senior commanding structure possesses official powers, and accordingly and possibility of influence on result of office check that can cause so small quantity of the registered disciplinary offences, made by them.

In 2016 it is registered 92 (in 2015 - 79) the crimes made by employees of law-enforcement bodies of Republic Tajikistan that constitutes 1,1 % (0,9 %) from the general number of the registered crimes for analyzed year on Republic and on 13 facts exceeds indicators of the similar period of 2015 From 92 facts of crimes it is made: 12 - the senior commanding structure (in 2015 - 9); 28 - average commanding structure (in 2015 - 26); 52 - younger commanding and ordinary structure (in 2015 - 44). It is necessary to notice, that increase in quantity of the crimes made by employees of law-enforcement bodies, it is caused by fall latentnosti "militian" criminality. First of all to it promote: development of the Internet and the telecommunication and other technologies allowing citizens to fix and transfer the information on the facts of infringement of legality, including about the crimes made by employees of militia; Activization of activity of mass media on informing of state bodies and the public about the similar facts; strengthening of an anticorruption policy of a management of the Ministry of Internal Affairs, its structural divisions and territorial administrations. The overwhelming majority (93 %) the malfeasances made by employees of militia is characteristic, that, have mercenary character.

Patrimonial characteristics of infringements of the legality admitted by employees of law-enforcement bodies in 2016, look as follows: infringements of norms of Code RT about administrative violations - 14 (in 2015 - 10), including: infringements PDD (item 325 KoAP RT) - 9 (in 2015 - 6), the minor hooliganism facts (item 460 KoAP RT) - 2 (in 2015 - 1), drinkings of spirits in public places (item 463 KoAP RT) - 3 (in 2015 - 1), acceptance of illegal compensation - 5 (in 2015 - 2). 27 infringements of norms of the Code of practice about administrative violations (in 2015 - 21) are registered, including: infringements of terms of administrative detention (personal computer item 63 about AP RT) - 5 (in 2015 - 8), false arrests of vehicles - 3 (in 2015 - 3), infringements of an order of administrative investigation - 19 (in 2015 - 10). Infringements of norms of Code of Criminal Procedure RT - 128 (in 2015 - 102), prevysheny official powers - 38 (in 2015 - 83), the facts of concealment of crimes - 134 (in 2015 - 73), bribery - 43 (in 2015 - 58), causings of easy harm to health - 2 (in 2015 - 1), the facts of manufacturing and use of forged documents - 2 (in 2015 - 3).

For the specified period as a result of the spent office checks of 2 106 employees of law-enforcement bodies of republic are involved in a disciplinary responsibility (in 2015 - 1973), from them: 134 are dismissed (in 2015 - 125), 179 are released from a post (in 2015 - 157) and concerning the remained 1 793 employees other summary punishments (in 2015 - 1 691) are applied.

It is necessary to notice, that it is a question not only of the legality gross violations which quantity as it has been noted in the considered accounting period, has constituted 382 facts, but also about the facts of default of tasks in view, discrepancies of the employee of a post, infringements uchetnoregistratsionnoj disciplines, infringements of the office schedule, infringements of office ethics, low indicators of operatively-office activity, ignoring of orders of a management and other negative displays.

It is necessary to have in view of, that the office checks spent to 2016, especially in the beginning of year, mainly concern the facts of the offences made in last 2015, accordingly the most part of the facts revealed in the end of 2016, have entailed summary punishments in the following of 2017

Let's consider dynamics of separate kinds of the crimes made by employees of law-enforcement bodies of Republic Tajikistan at execution by them of official duties. As it has been noted above, in the statistican there is no unity of criteria of the analysis of concrete illegal acts. By us it is allocated two malfeasances which quantity is stably resulted in annual reports of the Ministry of Internal Affairs of Republic Tajikistan during the period with 2012 for 2016 are an abusing the official position and the bribery which dynamics looks as follows: abusing the official position in 2012 - 71 (54 % from the general number of law-enforcement bodies of crimes made by employees), in 2013 - 83 (49 %), in 2014 - 38 (31 %), in 2015 - 35 (27 %), in 2016 - 32 (28 %) the facts, i.e. Last years there was a tendency of stable decrease in quantity of the given kind of crimes. Studying of materials of office checks and criminal cases on the facts of the crimes made by employees of law-enforcement bodies in Republic Tajikistan during the period with 2010 for 2016, has shown, that other crime - extortion - also keeps relative stable dynamics: in 2012 - 43 (29 % from the general number of law-enforcement bodies of crimes made by employees), in 2013 - 58 (34 %), in 2014 - 43 (37 %), in 2015 - 47 (35 %), in 2016 - 39 (32 %) the facts. Certainly, these data do not allow to define the general tendency of "militian criminality». Also on the basis of uniform data difficultly objectively to define correlation of disciplinary offences and malfeasances concerning is social-legal and business factors to draw certain parallels between them. Studying of materials of office checks and criminal cases on the facts of the crimes made by employees of law-enforcement bodies in Republic Tajikistan during the period with 2010 for 2016 has shown, that in most cases abusings the official position (item 314 UK RT) as motive self-interest acts. And bribe reception (item 319 UK RT) is the most widespread crime among staff of bodies of militia. The most corrupted employees are state car inspectors, local inspectors of militia, inspectors of passport - visa service, inspectors, investigators and operupolnomochennye, i.e. Officials of the law-enforcement bodies, which operatively-office activity directly svjazanna with citizens. Hence, corruption certificates are made by them at execution of office (functional) duties.

It is necessary to notice, that in the resulted statistics which us was it is taken from reviews about a condition of the office discipline, the analytical divisions of the Ministry of Internal Affairs of Republic Tajikistan prepared by employees, extortion is understood as fulfilment of act for the purpose of bribe reception. The incorrect formulation and absence of differentiation between these two different crimes (correct qualification) testifies to incompetence of analysts and about bias of the analysis spent by them.

In our opinion, such tendency has developed owing to control toughening over activity of militia from a management of the Ministry of Internal Affairs of republic and its territorial divisions. However, despite considerable reduction of number of disciplinary offences and the crimes made by employees of law-enforcement bodies, as a whole this indicator unfavourable as the comparative analysis on years only defines dynamics of these offences concerning the previous accounting period, but calculation in a percentage parity taking into account number of staff and quantity of made disciplinary offences and crimes shows the negative tendency.

Carrying out the analysis of a condition, structure and dynamics of disciplinary offences and malfeasances in sphere of internal affairs of Republic T and - dzhikistan, taking into account features of republic, we consider for bolshej presentation of reports and an effective control behind office discipline and legality observance it is expedient to enter the detailed form of conducting statistics of offences which allows to define developing tendency in sphere of observance of legality. The given form of statistics allows to reveal links of law-enforcement bodies in which offences prevail and to trace results of measures of the reaction undertaken by a management of divisions.

As a result of the analysis of a condition of legality in Republic Tajikistan law-enforcement bodies for 2012-2016 it was found out, that in structure of the malfeasances made by employees of given bodies, crimes of corruption character (67 %) which quantity stably increases from year to year prevail. In this connection in the present research we pay special attention to the theoretical aspects connected with crimes of the given category, in particular cause and effect factors. The given problem has found actual character because corruption certificates though and before took place in activity of employees of law-enforcement bodies, but not in such scales as it occurs last five years. If during the period the citizen of war (1992-1997) Employees of law-enforcement bodies made basically violent, violently-mercenary and criminal offences last years the quantity of these crimes was considerably reduced, and at the same time there was a corruption growth. The given situation has developed because the population of republic and employees of law enforcement bodies, in particular law-enforcement bodies as a society part possess consumer consciousness. Provocation or bribery from citizens and consequently, its reception by the official in republic became the traditional mutually advantageous certificate between the specified subjects. As a rule, the official statistics about made by employees of militia crimes of a corruption orientation does not reflect a real picture as the given crime is latent, and crimes of the given category basically in cases when there is a default or inadequate performance of conditions of the transaction of one of the parties or both subjects that causes dispute or the subsequent confrontation between them are registered. Among disciplinary offences infringements of a daily routine, an operating mode (regular delay, absence from work, etc. prevail.) That constitutes 82 % from the general number of disciplinary offences. It is necessary to notice, that since 2010 of the Ministry of Internal Affairs of Republic Tajikistan has toughened the control over employees of law-enforcement bodies rigidly the facts of the use of spirits by employees, in particular, began to be barred. For example, in 2011 three employees (lieutenant colonels of militia) Central office of the Ministry of Internal Affairs which were in a state of intoxication have simultaneously been dismissed and have been casually overtaken by the Minister of Internal Affairs at the moment of a motor vehicle parking on parking place of the Ministry of Internal Affairs. Demonstration beskompromissnosti managements of the Ministry of Internal Affairs to similar sorts to the antisocial phenomena was the purpose of the given severe disciplinary punishment. As has then shown the statistican of the disciplinary offences, the given event in the subsequent promoted reduction of the facts of the use of alcoholic drinks during performance of duty that proves to be true results of interrogation of employees of Central office of the Ministries of Internal Affairs working during this period (85 % interrogated have specified, that the event became a crucial event in disciplinary practice and has had preventive influence on staff). Here it is necessary to notice, that the announcement of orders of imposing of disciplinary punishments practises the Ministry of Internal Affairs of Republic Tajikistan and in all its structural divisions on the employees who have broken the law and the law and order, that, according to 87 % of the interrogated employees of law-enforcement bodies, is rather an effective remedy of preventive maintenance of disciplinary and other offences. Loyalty of a management of the Ministry of Internal Affairs and territorial divisions concerning the alcohol use in 90 and the beginning of 2000th It has been connected with the heavy political and social and economic position which has entailed a bad sluzhebno-conditions of life of performance of duty when employees weeks and months were on mainly not paid barracks position. These deprivations, as a rule, were compensated by absence of the rigid control over activity of law-enforcement bodies that promoted growth of misconduct and an unhealthy way of life of some employees. For that period in activity of heads of divisions of the Ministry of Internal Affairs performance operativnosluzhebnyh problems that overshadowed questions of observance of discipline was priority, and in process of stabilisation of political conditions in republic the management of the Ministry of Internal Affairs more and more attention began to give to a condition of office discipline.

During research we had been interrogated heads of territorial law-enforcement bodies and their assistants to whom the question has been asked: «More often you should make of the decision by what kinds of offences?». Following variants of answers have been offered: daily routine infringement; ignoring of orders, rules, instructions and other specifications; not authorised mutual relations in collective; fulfilment of a minor offence and other offences; legality infringement at performance of problems of operatively-office activity. 42 % of respondents have answered, that there is more than half of facts on which they should take measures of disciplinary influence, are connected with infringement of the working schedule (a variant "and").

Besides, by interrogation of heads of territorial bodies and their assistants, heads of inspections on staff and secretary of these bodies us it has been established, that [71] A from total amount of materials arriving concerning employees constitute intermediate orders of vessels, disciplinary manufactures and representations of organs of the Prosecutor's Office. And about half of materials concerning employees on the facts of infringements of the legality which is in disciplinary manufacture, constitute complaints and statements legal and physical persons.

Allocation of crimes of employees of militia in separate group demands definition inherent in them classification признаков1. Correctly constituted classification, having displayed law of development of classified objects, deeply opens communications between them [72]. Classification of crimes is dictated first of all by necessity effectively to combat criminal trespasses. It helps revealing of laws, allows to correlate among themselves various groups and kinds of crimes and to define their place in the general structure of criminality.

Criteria of classification of crimes were and remain ambiguous for any branch of law investigating a problem of criminality.

The criminally-legal classification which is initial for other legal sciences which are based on criminally-rule of law, and definitions of this or that socially dangerous act containing in it, metes structures of crimes in corresponding heads proceeding from patrimonial object of an encroachment [73], depending on character and degree of the social danger of act [74 [75], and in some cases in a basis of classification of Special part UK the Russian Federation on -

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lozheno division of crimes on the subject, - official, military crimes, etc.

Kriminologichesky classification of crimes assumes the account of those or other criteria (signs) depending on the purposes of classification [76]. For it it is much more important to consider the signs testifying to character of an antisocial orientation of the person guilty, to its depth and firmness, about the mechanism, a way of the criminal trespass [77].

Now, considering modern lines of criminality and its qualitative heterogeneity, besides the specified kinds allocate the organised, corruption, tax, state, political, military criminality, criminality of migrants etc. [78]

The purpose of similar allocation consists, first of all, in their more profound studying, in search most preventive maintenance effectual measures.

At the same time it is necessary to notice, that till now in criminology it is not developed uniform qualifying models, besides, in our opinion, there is no also a clearness in the approach to their ordering.

Most often in the legal literature allocate such large blocks, as corruption, malfeasances, crimes against public justice, crimes of employees of law-enforcement system. The crimes made by employees of militia, are concentrated among the named groups of crimes.

In departmental normative acts for a designation of these crimes following terms are used: «crimes among staff of law-enforcement bodies», «the crimes made with participation of employees of militia», «malfeasances of employees of militia» etc. However the detailed description of features of the crimes made by employees of militia, in departmental normative acts is absent.

Allocation of the crimes made by employees of militia, in independent group does not contradict also to logic of artificial classification of crimes. Any way taken sign (the special perpetrator and a specific field of activity) as the classification basis has important kriminologicheskoe value not only for theoretical, but also for practical purposes.

For explanation of the problem connected with reference of punishable acts to a category of crimes, made by employees of militia, consideration of following questions is important:

1) definition of specific features of employees of the militia, allowing to distinguish them from other persons who are in the service in law-enforcement bodies;

2) a communication establishment between criminal behaviour of the employee of militia and character of office powers carried out by it;

3) definition of spheres of illegal activity of employees of the militia caused by office powers and occupied official position;

4) allocation of a circle of the encroachments concerning the considered category of crimes.

The criterion, allowing to allocate from all persons serving in system of the Ministry of Internal Affairs, those who is the subject of a considered kind of crimes, the instructions on character of duties carried out by them act. A discriminating sign of such crimes will be that all of them are made by special subjects, i.e. The persons characterised by certain features in comparison with the general subject. These crimes are made as though from within systems of the Ministry of Internal Affairs by employees of law-enforcement bodies who are allocated by certain powers and use the conferred powers in criminal activity.

On the basis of the law the employee of militia is the representative of the state enforcement authorities, holds a certain post, carries out specific problems and functions, is allocated by the corresponding powers which performance at certain situations strictly within the limits of the law allows to resort to it to various forms of compulsion. In a similar case of the employee of militia it is possible to carry to officials, public agents with signs inherent in it:

- Realises the problems connected with protection of human rights, interests of a society and the state;

- Possesses the powers, allowing to make legally significant actions, obligatory for execution by citizens and officials, irrespective of their departmental accessory and a post;

- Carries out power functions, the state compulsion, carried out in the course of detention of offenders and restriction of their freedom;

- It is provided legal and social protection from the state.

Presence of the specified signs allows to formulate concept of the employee of militia as the public agent.

Taking into account stated it is possible to allocate a sign underlying definition of crimes, made by employees of militia, - committing a crime by the special subject (the employee of militia), allocated with the specific imperious rights and duties and owing to various circumstances breaking them.

Allocation of this sign as the main, necessary and sufficient criterion considerably narrows possibility of reference of the crimes made by other employees of system of the Ministry of Internal Affairs, to a category of criminal actions of employees of militia.

For definition of objective signs of the crimes made by employees of militia, it is necessary to find out specificity of socially dangerous actions. The first characteristic line of criminal trespasses of the given category of civil servants is constituted by their fulfilment in connection with official position use.

Use by the subject of the official position is use of those rights by it and actual possibilities which it possesses in connection with a post [79]. So, I.A.Gelfand under use by the official of the official position understands as those actions which it could make owing to performance of official duties, and what directly are not connected with service discharge of duties, and define -

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sja the possibilities caused by the official position. From here, if the subject does not hold this post it or at all has no similar possibilities, or has, but to a lesser degree.

Thus, the raised degree of the social danger, the crimes made by employees of militia, is characterised by that:

1) they interfere with normal functioning of governing bodies, reduce prestige and authority of public service;

2) do essential harm to interests of citizens, the organisations, societies and the states. The crimes made by employees of militia, cause the proved alarm in citizens, create psychological discomfort that is reflected, first of all, on the relation of the population to activity of militia, trust degree to employees;

3) have a strongly pronounced, mercenary orientation of criminal trespasses;

4) the lack of information, the latent character of "doubtful behaviour» parts of employees do not allow to focus on them attention, that further sharply discords with character of crimes made by them;

5) unscrupulous negative tolerance of heads and colleagues concerning corruption activity of employees;

6) the disturbing tendency of corruption of a part of employees of militia, their merging with the organised criminal groups, thus employees is observed or are on the maintenance of the organised criminal structures, or are their active members;

7) crimes of employees of militia show the tendency to growth that testifies to scale of this kind of criminal activity.

Specificity of activity of a certain part of employees of militia is connected with compulsory influence on the offender: restriction of freedom by detention, application of the physical strength, special means, fire-arms etc. In these conditions before employees of law-enforcement bodies especially sharply there is a number of problems:

- Problem of interrelation and interdependence of the purpose and means as aspiration to a crime control noble purpose quite often generates temptation of following to a known principle: "the end justifies the means". Quite often purpose appears compromised, and the compulsion executed by illegal methods and means, gets character of illegitimate violence;

- Problem of an estimation of legality of the order or other order given by the higher chief, and the further actions of the employee. Employees of militia sometimes happen deprivation of the further prospects of promotion, an establishment of the overestimated requirements and creation of discomfortable conditions for performance of official duties, mobbing etc. are laid down in conditions at which refusal or default of obviously illegal instructions of corresponding chiefs can generate a number of negative consequences (aversions from heads.);

- Problem of deformation and degradation of the legal and moral consciousness caused by infringement of principles legal and social justice, to realities of a life and daily operatively-investigatory activity, a moral and office debt.

The permission of the stated aspects of a problem quite often causes the big difficulties as the spectrum of the wrongful acts made by employees of militia, can increase at the expense of careless injury of a life and to health of citizens (careless causing of death, careless injury to health etc.).

It allows to concretise signs of the crimes made by employees of militia:

1) a defining sign of the considered block of crimes is committing a crime by the person serving in militia, holding a certain post and officially admitted to execution of official duties;

2) illegal activity of employees of militia is caused by abusing them the office powers, the competence and the possibilities following from official position;

3) use of office powers or the possibilities following from official position, being original ways of realisation of criminal intents, considerably raise degree of the social danger of made crimes;

4) as a rule, the deliberate form of fault; the intention of the guilty covers illegality of use of powers not only to it belonging, but also not entering into its competence, i.e. Beyond law, and not just the official competence.

Criteria otgranichenija these crimes from others, adjacent with them, are based on allocation of following characteristics:

- The majority of crimes is made by employees of militia in area institutsionalizirovannyh interpersonal relations in the course of official dialogue with the citizens which actions have generated the collisions demanding the right permission;

- Actions of the persons who have committed crimes, as a rule, have direct connections with processes of functioning of all law-enforcement system and their lacks. They grow from the deformations existing in militian practice, and the informal deformed ethics of employees, and also factors of an essential divergence «the standard of expected behaviour and existing realities in legality realisation» [80];

- Discriminating line of such crimes - existence of a direct connection of socially dangerous actions with presence of office powers or the possibilities following from official position. The crimes made by employees of militia, being in essence official abusings, with character of the occupied official position, and the the post above held by the employee (the office status), the more low possibility of its practical attraction to the criminal liability essentially correlate;

- The specific characteristic of criminality of employees of militia is their distribution on spheres of an illegal orientation. Substantial characteristics of crimes of employees of militia cause that fact, that crimes constituting them basically are concentrated in three spheres of ability to live of people: in government sphere, in sphere of protection of a public order and safety maintenance, in sphere of realisation of justice.

Thereupon it is represented, that to the crimes made by employees of militia, different criminally-legal classes of the acts defined by spheres of office activity of employees can be carried:

1) crimes against constitutional laws and freedom of citizens:

- The deliberate crimes made with use of the official position against constitutional freedom of citizens (infringement of the rights of inviolability of a private life, the privacy of correspondence, telephone conversations, freedoms of movement etc.);

- The crimes made against constitutional laws of citizens (infringement of the inviolability of home);

2) crimes against property:

- Made with official position use in sphere of relations of the property (assignment or waste, causing of a property damage fraudulently or breach of confidence);

3) crimes against the government, interests of public service:

- Made at realisation of official powers and the decision of the problems entering into the competence of the corresponding employee, including excess of official powers (item 316 UK RT) and office forgery (item 323 UK RT) which are made mainly on mercenary motives;

- The crimes which are falling outside the limits official powers (i.e. Not official, but criminal offences, such as hooliganism (item 237 UK RT), infringement PDD (item 212 UK RT), deliberate causing of easily harm to health (item 112 UK RT), etc.);

4) the crimes against public justice made in sphere of remedial activity, for example, false arrest or taking into custody (the item

358 UK RT), attraction obviously innocent to the criminal liability (item 348 UK RT), illegal liberation from the criminal liability (item 360 UK RT), falsification of proofs (item 359 UK RT).

Here it is necessary to notice, that to a considered version of criminality can be carried and other acts in the presence of specified above signs.

Thus, in our opinion, under crimes of employees of militia it is necessary to understand the deliberate, illegal, socially dangerous acts made by acts or omissions by persons, serving in militia, with use of the official office powers and the possibilities following from the official status, persons encroaching on interests, societies and the states, lawful activity of the state bodies, prestige, advantage and authority of public service. Other crimes made by given persons (careless, household) do not concern a considered category.

With a view of terminology unification it is represented expedient to use the term of "a crime of employees of militia» as the patrimonial concept including all crimes, militias made by employees with use of the official position and the possibilities following from official powers. Necessity to include in this file of act though also made by the given subjects, but not pursuing use of the powers for employment by criminal activity is more whole thereby will disappear.

Besides, in the legal literature terms «corruption criminality» [81], «military criminality» [82 [83], «criminality are widely used mi -

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Grants »etc., allocating similar groups of crimes to signs peculiar to them. It allows to operate and the term« criminality of employees of militia ».

The practical importance of allocation of this term is caused by that actual statistical data about crimes of employees of militia disappear till now, despite requirements of the law [84], and in official reports the information is given in the deformed kind. However separate data are published and discussed in departmental documents and the open press. Such situation does not allow to consider objectively criminality of employees of militia against the general criminality, to study and analyze its tendencies. It is represented, that the permission is a question would allow not only to learn deeply an essence of the given problem, but also to define the basic directions and approaches of struggle against a considered kind of criminality.

Considering the reasons and conditions of fulfilment of certificates of corruption in sphere of internal affairs of Republic Tajikistan and the Russian Federation, it is necessary to study essence of corruption more in detail.

Corruption is use by the officials who are carrying out the state functions, the state and municipal employees, other persons who are carrying out public functions, the persons who are carrying out administrative functions in commercial and other organisations, including in the state corporations and at the state enterprises, in the international organisations, the persons registered as applicants (candidates) for elective offices by legal bodies of the status (organizovanno-legal status) for illegal reception of any blessings (property, the rights to it, services, preferentsy or privileges, including non-property character), and also illegal representation of such blessings by the last physical or legal bodies [85].

The corruption criminality is cumulative offences, dispositions criminally-rules of law which contain signs of corruption [86].

It is necessary to notice, that employees of law-enforcement bodies in Republic Tajikistan and in the Russian Federation owing to features of sluzhebno-operative problems executed by them face citizens, and thereupon there are potential provoking situations which as a result lead to legality infringement.

In criminology allocate four principal views of corruption offences which with reference to militian criminality on examples can be described as follows:

The civil-law torts made by employees of law-enforcement bodies, can take place both in their office activity, and in a private life. For example, in the first case, employee G osavtoinspektsii during a pursuit on a motor vehicle for malicious infringer PDD has touched the case of a motor vehicle of other, innocent citizen, or operupolnomochennye during detention have damaged a door of number of hotel in which there was a searched person. In the second case the employee of militia in due time has not paid the credit that became the reason of the claim of the credit organisation;

Minor offences are resulted in the Disciplinary regulation of law-enforcement bodies of Republic Tajikistan, in particular, ignoring of the order of the chief, autocratic leaving of a post etc.;

Is administrative-legal offences. It is possible to rank militias of an offence most often made by employees as them, such as infringement PDD, a parking in an unstated place, etc.;

The crimes, made by employees of law-enforcement bodies official and obshcheugolovnogo character. Abusings official powers concern the first, bribe reception, office forgery, excess of official powers etc.

Further we will consider these offences rather to corruption.

So, as civil-law torts the kinds of corruption which are not crimes, such as infringements of rules of donation (for example, gl act. 32 GK the Russian Federation).

Disciplinary corruption offences are office infringements which possess the corruption signs, not containing administrative violation or crime structure for which the disciplinary responsibility is provided.

Administrative corruption offences concern possessing signs of corruption and offences not being crimes for which administrative responsibility is provided. Basically it is corruption certificates.

The greatest social danger from considered crimes extremely widespread reception of a bribe in this connection it is carried by legislators of Tajikistan and Russia to a category of grave crimes possesses. Especially high degree of the social danger of the given crime consists that object of its criminal trespass is as it has been above specified, normal work of the device of the government and local government in general and its structural links, and also the rights and interests of citizens protected by the law, the organisations and a society, and also the state.

Bribery - one of typical displays of corruption which being the most dangerous criminal phenomenon, undermines bases of the power and management in all state structures that attracts increase of level of mistrust of citizens to the state in the name of its bodies and establishments.

Bribery prosperity, its quantitative growth, in particular, to increase in volume of bribes and weak raskryvaemosti, is promoted by a favorable background in the form of absence of control, to irresponsibility, mismanagement, mutual responsibility, legal neuregulirovannosti various aspects of activity of state governing bodies, subjects commercial and economic

Activity.

Despite organic communication of the given crimes, their subjects differ under the social status, are differentiated on degree of responsibility for fulfilment of actions of corruption character [87].

Thus, the basis and a disciplinary responsibility presence of structure of a corresponding offence admits criminal.

During the present research we focused attention to the nature criminal and a disciplinary responsibility. Have considered these kinds of legal responsibility in various foreshortenings and in a combination to other legal institutions.

The analysis of norms of the Criminal code of Republic Tajikistan and the Criminal code of the Russian Federation, providing the criminal liability for malfeasances, has shown, that in a context of a considered theme, they have much in common, that allows to open without special work their maintenance synchronously. It is caused by a generality of their history, design model, and also the criminal policy.

Classifying mercenary official abusings of employees of law-enforcement bodies, A.D.Safronov noticed, that the stable, traditionally developed corruption relation (corruption symbiosis) has the following character:

- "Planned" long-term participation of a management of law-enforcement bodies in reception of a part of profits of structures of shadow economy, and also the commercial organisations industrial on legal basis industrial, trading and serving the population, is more rare than the state and municipal enterprises. Thereby periodically transferred fixed sum of a bribe to employees of law-enforcement bodies allows citizens to steal another's property, a deceit, a weather-cloth and measurement of buyers, leaving from tax payments and other economic offences that will paralyse possible law-enforcement activity concerning them;

- Regular reception of bribes from the persons who have committed crimes, in the sizes of traditionally developed "tariffs" (rates) with a view of wrongful clearing of the criminal liability or its softening;

- taksirovannye bribes for wrongful softening of a mode of physical and information isolation, granting of the various privileges not based on the law and privileges to the arrested persons arrested and condemned [88].

Speaking about the reasons promoting fulfilment of corruption certificates and crimes, V.D.Andrianov has noticed, that corruption is «inability of the state by means of stimulus to direct mercenary interest of the person to a productive channel» [89]. Thereupon acceptance by the state of a complex of anticorruption measures is necessary.

In Republic Tajikistan, owing to historically developed public way, traditions and a stereotype, the consumer consciousness which also is peculiar to employees of law-enforcement bodies as one of population parts dominates. They adhere to the social stereotypes standard in the people and reference points to correspond developed in consciousness of people to ideals, to appear among "elite". Therefore many employees of law-enforcement bodies aspire to such material benefits, as expensive real estate, bonus motor vehicles, multipurpose both hi-tech gadzhety and other prestigious material assets. High consumer inquiries of employees of law-enforcement bodies, that in the people usually name "appetite", as a rule, it is impossible to satisfy at the expense of a modest monetary contentment. It also causes growth of the profit-motivated crimes made by employees of the Ministry of Internal Affairs.

The corruption problem in Republic Tajikistan law-enforcement bodies still costs especially sharply. Under the certificate of the majority of the employees of law-enforcement bodies of republic interrogated by us (72 %), for the known reason wished not to name the names, now it is practically impossible to serve in the divisions, which activity directly svjazanna with performance of operatively-office problems under the prevention, suppression and disclosing of offences and crimes. In their opinion, employees of such structures, as the State traffic inspectorate, service of local policemen of militia, passport and visa and patrulnopostovoj services, operative and investigatory divisions are especially corrupted. Therefore we will consider some typical displays of certificates of corruption and other malfeasances in these militian divisions.

G osudarstvennaja automobile inspection is the unique subject of the state control and supervision in the field of maintenance of safety of the traffic, possessing large powers. About corruption of the given service since times of Soviet Union the national rumour went and there was a folklore. All know and it is obvious, how and concerning what unfair employees of GAI extort a bribe from drivers both in Republic Tajikistan, and in the Russian Federation.

State traffic inspectorate in Tajikistan and in Russia are structurally-organizational similar, have uniform historical roots, they use the same principles, forms and methods of realisation of administrative kontrolno-supervising activity. Therefore the illegal acts made by them as have much in common. Thereupon, in our opinion, there is no necessity completely to open the reasons and the conditions promoting their fulfilment. We will allocate only some tendencies in this sphere, developed in Tajikistan for last years.

In of Dushanbe on the basic roads and streets photo complexes - video observations and fixings of a condition of observance of rules of traffic by its participants are established. The established penalties for infringements of Rules of traffic are disproportionate to the average salary of citizens of republic and exceed their real incomes. In this connection some facts of law-breaking from some employees of division of GAI in which conducting there is a monitoring of a road situation by means of the specified technics, in particular, reception and processing of the information arriving from objectives of chambers are fixed. Using the official position and having direct access to a database, they deleted data compromising drivers, receiving for this compensation from them in the form of bribes.

As other bright example use order can serve sink - rovochnoj films on glasses of motor vehicles. In Tajikistan the granted right officially is got for 500 US dollars for a period of one year. Then, after the expiry of the term, the driver, at desire to continue use tonirovannyh glasses, is obliged to enlarge term in the same order for a year by payment of the similar sum. In our opinion, the given rule leads to a social inequality of the population of republic and society stratification on striations as the average citizen does not presume this luxury, and in the conditions of a hot climate of republic presence tonirovannogo coverings of glasses of a motor vehicle not how many luxury, and a compulsory measure of protection of drivers and passengers from solar beams and protection of salon from their fatal influence.

At the operating sizes of penalties and tariffs to citizens to bypass norms of the law by means of become traditional in the people of methods, including by means of bribery to employees of GAI easier and more economically, that once again testifies to imperfection of standard legal base and mechanisms pravoprimenitelnoj activity at its realisation.

Other service of law-enforcement bodies of Republic Tajikistan, employees to which the illegal acts cause a loss of reputation of the Ministry of Internal Affairs, is a service of local policemen of militia (further divisionals). Employees of the given category owing to operatively-office problems carried out by them are in close contact to the republic population, everywhere supervise and provide a public order. The given service on character and volume of problems is multipurpose and universal. It also causes presence of large powers of local policemen of militia in the territories fixed to them. Character of corruption of employees of the given service differs from the certificates of corruption made by state car inspectors, operupolnomochennymi Ur, inspectors and employees of other services of militia, that local inspectors are fixed in certain territory in which limits carry out the duties assigned to them that naturally attracts an establishment of their public relations. Certainly, it enters into their duty - without contact and cooperation with the public it is practically impossible is high-grade to carry out operatively-office problems facing to them. However the relation is frequent these public develop on a corruption basis at which the local policeman is engaged in requisitions from the population.

Large powers of local policemen of militia on supervision over execution of numerous standard legal acts by citizens are given to divisionals by possibility to abuse the official position, to take bribes for concealment of offences etc. In Republic Tajikistan the local policeman of militia informally possesses the status of "the owner of territory» that allows it to use gratuitously another's blessings freely. In particular, the citizens working mainly in spheres of services and trade, allow divisionals to use free services, gratuitously to take the goods which are on sale, etc. As a whole, the corruption certificates made by local policemen of militia, as well as employees patrulnopostovoj services, are characterised by small rates of commission in various forms, including cash, transfers of money resources into the account of mobile phones, material compensation, free service (for example, a free hairstyle, a sink or motor vehicle servicing, etc.) . During oral interrogation of 92 % of local policemen of militia admitted, that they are forced to be engaged in these corruption certificates to provide higher territorial heads of law-enforcement bodies, and also the various Ministries of Internal Affairs checking from various services. Besides, employees of law-enforcement bodies, owing to the remedial dependence on organs of the Prosecutor's Office and court, and also other higher bodies of the government that will get their support, try in every possible way usluzhivat it. Certainly, material enrichment is carried out at the expense of the population, and local inspectors of militia take a special place in illegal gathering of money resources at citizens.

It is necessary to notice, that local inspectors, and also state car inspectors, arrive in these services, knowing about that, how much they are corrupted, and many of them, having mercenary motives, purposely choose the given divisions of law-enforcement bodies for the subsequent illegal enrichment.

The following category of employees of law-enforcement bodies - representatives of operative divisions who differ from previous features of operatively-office problems assigned to them. Employees of operative divisions (the Criminal office, Management of struggle against the organised crime, Management of struggle against illegal circulation of narcotics) the Republic Tajikistan Ministry of Internal Affairs directly carry out operatively-razysknye actions for the prevention, suppression and disclosing of crimes. However during performance of the given problems frequently break the law and commit various crimes. Application of tortures and cruel treatment to the detained citizens is traditionally peculiar to employees of these divisions. The given tendency has developed in system of law-enforcement bodies of Tajikistan since times of the USSR, and in Russia - centuries earlier. This kind of a crime still takes leading positions in system «militian criminality». However causing of corporal sufferings for getting of grateful indications practises not only operative services of law-enforcement bodies, but also operative divisions of other law enforcement bodies of republic, for example, GKNB and Antinarcotic agency. Tortures and other violent actions on the character are not corruption crimes, but can be applied as an auxiliary method at reception of bribes and other certificates of corruption.

Further we will consider some corruption actions made by employees of operative divisions in course of execution by them operatively - office problems. The mechanism of fulfilment of similar crimes is various.

Last years concealment of participation of separate persons to a perfect crime therefore only concerning one person make out verifying materials which, as a rule, in the subsequent are transferred in organs of inquiry became the classical form of extortion of a bribe. Thus other accomplices of the given crime "are deduced", i.e. There are unpunished, for what they or their supporters (relatives, relatives etc.) Pay a bribe to employees of operative services or transfer any property in their property. Employees of operative divisions, in turn, should mete the received compensation to interested higher officials, in particular, to heads, employees of investigating agencies. And on occasion - to pay and indemnifications to relatives of the arrested person that last «took fault on itself(himself)». As have selectively shown the sentences studied by us on criminal cases concerning employees of militia, data infringement «an unwritten rule» is frequent and greed display becomes the reason of their exposure and «corruption scandals» in system of law-enforcement bodies, the basis of attraction of officials of militia to the criminal liability.

At the same time many cases when employees of operative services the withdrawn narcotics appropriated have been registered, not attaching to primary materials, again put into circulation, applied them in the subsequent antinarcotic operations, and even were engaged in sale of these means. For example, in 2008 when chief UBNON the Ministry of Internal Affairs of Republic Tajikistan and its subordinate has been detained, at them was the large party of narcotics is withdrawn.

There are also other malfeasances made by employees of operative services, among them: forging of documents, falsification of the facts in primary materials etc. In 2009 G eneralnaja the Office of Public Prosecutor has directed to the address of the Ministry of Internal Affairs of republic representation about the infringements supposed by employees of operative and investigatory divisions of internal affairs of republic at carrying out operatively-razysknyh of actions at investigation of criminal cases. In the given representation numerous remedial infringements of the specified officials have been resulted. In particular, Management on supervision of law-enforcement bodies G enprokuratury republics, having studied materials of criminal cases about crimes in sphere of illegal circulation of narcotics and psychotropic substances, has elicited the facts of regular use operupolnomochennymi same understood and konfidentov in several criminal cases. At interrogation of employees of operative divisions 71 of % from them have explained it to that citizens do not wish to co-operate with militia bodies, participation in actions as the understood especially avoid. Therefore the remedial requirements, which performance it is complicated by the given circumstances, force employees of operative services to use so-called «persons on duty understood» which and in any district can participate at any time in operatively-razysknyh actions. Citizens, not wishing to participate in remedial lawsuits, purposely misinform employees of militia, giving to them falsehoods about the person and a residence, that practically does impossible maintenance of their subsequent appearance in investigatory and courts of justice. It proves to be true results of interrogation of citizens (inhabitants of cities of Dushanbe, Khojend, Khorog and Kurgan Tyube) from which 94 % have noticed, that do not wish to participate in activity of militia and other law enforcement bodies. The given problems testify to imperfection of the criminal procedure legislation of Republic Tajikistan which does not stimulate citizens to participate in criminal trial as pre-judicial investigation and proceedings mainly have long character. Besides it, citizens have noticed, that numerous calls in law enforcement bodies, remedial vulnerability and many costs connected with it, interfere with their voluntary participation in the prevention, suppression and disclosing of crimes. Thus it is necessary to notice, that in republic there is a law «About the state protection of participants of the criminal trial» [90], but its norms, in our opinion, are torn off from existing realities and testify to formal action of the given standard document.

Concerning the specified remedial infringements of employees of operative divisions inspectors of law-enforcement bodies of republic have been interrogated, 67 which % have shown discontent with such shifts of operative employees as finally inspectors bear personal responsibility for destiny of criminal case. The burden of search of witnesses, including understood is frequent, lays down on inspectors. Not a secret, that inspectors, not having waited the answer to the otelnoe the commission, prepare the answer to it not to break time limits. It became even in any measure an informal reception.

Inspectors, besides remedial infringements, often make the certificates of corruption expressed in reception of a bribe both other mercenary and malfeasances. If employees of operative services resort to services «persons on duty understood» to inspectors lawyers who willingly represent itself as intermediaries in bribery usually to the aid come.

The given corruption scheme is favourable to all its participants. Thus the inspector by means of the lawyer finds a protective barrier from possible exposure (detention upon bribe reception), the lawyer, in turn, for the rendered service receives compensation from the client, can receive also "share" from the inspector. The suspect (convicted), not having direct "access" to the inspector, through the lawyer manipulates an investigation course.

The inspector can be enriched during consideration of the arrived material or the criminal case which is in its manufacture, varying degree of "depth" of investigation. Thus criminal case is possible, being expressed by a professional slang of protsessualistov-experts "not break". It depends on its skill and knowledge of various openings in the criminal procedure legislation. In such cases it is enough not to make or formally to make, or "in absentia" to make investigatory actions which are undesirable to the suspect. For example, survey, a search, arrestment on property (taking formal note about absence of the property which is coming under to arrest), interrogations confrontations etc. It is possible not to make or if there is a necessity for manufacture, only formally to constitute the remedial document taking into account interest of the suspect which joins subsequently criminal case materials. Besides, there are other "services" for which account inspectors are enriched, them concern: carrying out without special need of investigatory actions for interests of the suspect with a view of modification of a course of investigation of criminal case and the subsequent destruction of evidentiary base, i.e. So-called "podgon" for the subsequent training for a new profession of act on easier crime, etc. At the same time inspectors often under the pretext of carrying out of confrontations suit with the suspect (convicted) meetings with their relatives and relatives, and as with persons who can affect a course of investigation in favour of the suspect.

The similar situation takes place also in system of law-enforcement bodies. So, during the research carried out by S.A.Altukhov it was found out, that motives of fulfilment of malfeasances, in particular, abusings the official position, official forgery, swindle in the large sizes, uses of false documents, bribery etc. Have mainly mercenary character. It proves to be true interrogation of the former condemned employees of militia from which 20 % have unambiguously answered, that causal their receipt on services in system of law-enforcement bodies the desire to earn »was«. The author also notices, that it is especially characteristic for persons, before serving in State traffic inspectorates (motor licensing and inspection department) [91]. According to V.V. Luneeva prevalence of certificates of corruption at the given category of officials is caused «by the realised or subconscious aspiration of the subject to receive material benefit criminal by» [92].

Employees of a patrol and inspection service (further PPS) law-enforcement bodies both in Republic Tajikistan, and in the Russian Federation, are perceived by many citizens as representatives of militia (police) of the lowest rank as they do not possess that completeness of official powers which representatives of the services set forth above have. Owing to that employees of the given service are obliged to patrol on the routes fixed to them and sites, they everywhere provide public order and safety protection. However their activity which is closely connected with citizens, often displeases among the population as employees of the given service in the course of performance operatively-official duties frequently exceed the powers in the absence of a professional knowledge and office experience or from mercenary motives, interfering in private life of citizens. For example, in Dushanbe in places of a mass congestion of citizens and rest, in parks and squares are patrolled by employees PPS who unjustly arrange interrogations and examination of citizens. Feature of corruption offences of employees PPS consists that they, using the powers, interfere in private life of citizens, causing to them inconvenience and moral harm. Employees of the given service, as a rule, choose «object of prosecution» taking into account its condition and persons being near to it. So, it is traditional to representatives of youth stick with such questions: if the guy with the girl - «Whom you each other have?», «why and on what basis you together?», «Show the marriage certficate», «Why you are in such secluded place..., disappear?»; if the person has a beard or on it a Muslim attire - «Why you are not shaved?», «to what religious current you belong?», «you concern what religious sect or the organisation?» Whether «you Visit Friday prays?»; if the person in a condition of easy alcoholic intoxication or makes such impression - «Where with whom and how many you have drunk?», «why you break a public order, being in such condition?», whether «you Were delivered earlier in medvytrezvitel?»; if the person of military age or is much more senior - whether «you Served in army?», «why you did not serve?» Etc. Certainly, similar questions are traditional and quite pertinent if there are good causes to believe, that the citizen has made an offence or its actions cause suspicion. However it is frequent employees PPS with the specified questions stick to usual citizens. In this connection last years the quantity of references of dissatisfied citizens to a management of the Ministry of Internal Affairs concerning infringement of their rights and freedom that undermines reputation of employees of militia has increased and negatively influences the relation of the population to law-enforcement bodies. It is necessary to notice, that 82 % of interrogated employees PPS on a question: «Why you have arrived on the given service?», have answered, that it is the easiest way 76 % of the interrogated employees of the given service on a question will be arranged in militia, and: «How many you intend to work in PPS?» Have answered, that they namereny to serve in other divisions of law-enforcement bodies, and their arrival in PPS is an intermediate step for transition in other services. Results of the given interrogation testify that insufficient social and economic maintenance of employees PPS is one of principal causes of corruption acts made by them, and also "fluidity" of shots, at which vacancy in the subsequent are displaced with the candidates mainly mismatching requirements of given service.

Thus, despite the anticorruption policy of a management of Republic Tajikistan and measures of counteraction taken by the Ministry of Internal Affairs to mercenary malfeasances and the corruption certificates, the given negative phenomena remain in structure of militian criminality.

As a whole is considered expedient to enter in use the term «pravonarushae - most» and to use it at the analysis of a condition, structure and dynamics of disciplinary offences and malfeasances in sphere of internal affairs. Under pravonarushaemostju it suggested to understand the tendency of infringement of legality, the law and order and office discipline among staff.

For employees of law-enforcement bodies of Republic Tajikistan V.J.Kikotja's thought that «legality infringements in system of the Ministry of Internal Affairs of Russia by the sociopolitical nature are not limited only to the extremely negative influence on efficiency of protection of a public order, maintenance of the public safety and struggle against various kinds of criminality. Feature of criminal character of infringements of legality in activity of law-enforcement bodies is that, that any deviation from observance of norms of the law represents the factor destabilising not only positive law-enforcement tendencies, but also processes of democratisation of a society, formation of new Russian statehood, strengthening of guarantees of protection of the rights, freedom and legitimate interests of citizens [93]», is quite applicable also us is divided.

Let's note that, early we had been considered the reasons and the conditions promoting disciplinary offences and crimes in sphere of internal affairs in a historical context of development of law-enforcement bodies of Republic Tajikistan during the period after finding by it of the state sovereignty. The Post-Soviet period has marked the beginning of independent construction of statehood of the Tadjik people. This time of a transition period is characterised by political and social and economic shocks, and also an aggravation kriminogennoj conditions caused by consequences of civil war.

In aggregate these objective circumstances have predetermined a condition, structure and dynamics of disciplinary offences and the crimes made on service by employees of law-enforcement bodies.

However it only one party of these offences.

Earlier spent statistical data among staff of divisions of law-enforcement bodies (shots periodically preparing and let out by Management and on work with staff of the Ministry of Internal Affairs of Republic Tajikistan) convincingly testify to a condition of observance of legality, that, despite accepted from a management of territorial divisions and personnel services of a measure on discipline and law and order maintenance, the quantity of disciplinary offences and the malfeasances made by employees of law-enforcement bodies, for last years was reduced slightly, that characterises an unsatisfactory condition of office discipline and legality in law-enforcement bodies.

Besides, carried out analysis of a condition of office discipline and operatively-office activity has shown, that a principal cause of infringement of legality and discipline is presence of a system problem in the organisation of activity of law-enforcement bodies, unsatisfactory work of personnel services. To it it is possible to add a number of the external factors provoking employees of law-enforcement bodies on fulfilment of certificates of corruption, infringements of legality and discipline, official and other crimes. It is possible to carry to them both insufficient social and economic maintenance of employees of law-enforcement bodies, and corruption of a society and the state bodies, low level of moral-legal consciousness practically all groups of the population, etc.

Employees of law-enforcement bodies of Republic Tajikistan in daily operatively-office activity meet various difficulties and for overcoming of these problems frequently resort to legality infringements. In our opinion, for completeness of the description of a condition, structure and dynamics of disciplinary offences and malfeasances in sphere of internal affairs it is necessary to allocate elements in activity of employees which push them to these infringements. These elements can be present as separately from each other, and at a combination. Them concern:

- Receipt on service in law-enforcement bodies (for whatever reasons) the persons mismatching the basic requirements, established by the legislation and standard legal acts of the Ministry of Internal Affairs;

- Lack of experience and knowledge, qualifications of the employee;

- Discrepancy of the employee of a post;

- Absence of tutorial psihologo-pedagogical support of the young experts, which professional formation should be accompanied special training on the duty station;

- Negative moral and psychological conditions in collective;

- The conflict of the employee to a management;

- Intended provocation of the employee on fulfilment of an offence by it from its head;

- Reception of the illegal order from the head or instigation of the subordinated employee on fulfilment of wrongful acts;

- Irrational distribution of loading between employees;

- Excessive loading on the employee;

- Ignoring of factor of useful work by heads of divisions as important factor of work capacity of staff at scheduling of operatively-office activity for the certain period, a drawing of performance of duty, at the commission of execution of the materials which have arrived in manufacture and tasks, distribution of forces and means for performance of tasks in view;

- Insufficiency of material support and staff support, including maintenance with vehicles, means, etc.;

- Absence of stimulation and motivation from a management;

- The weak personal control over the subordinated employees from a management;

- Inadequate kontrolno-supervising activity of corresponding services behind staff activity;

- Problems in private life of the employee, including family, material, social and economic and psychological character;

- The weak health services and the control, ignoring by the medical personnel of complaints of employees of law-enforcement bodies on problems with health (especially with nerves and mentality), and also an unaccordance of sick-lists, that negatively influences work capacity of shots and vyzvaet infringements in their activity;

- No-purpose use of shots, their attraction to performance of the problems which are not entering into their functional duties (for example, employees sledovannyh and operative divisions bear service on protection of office buildings of law-enforcement bodies, carry out patrol with employees of other services, carry out check of a passport and visa mode, etc.);

- Absence of accurately meted functional duties;

- Establishment of the excessive bureaucratic barriers, employees interfering by contact to a management for the operative decision of problems and elimination of problems in operatively-office activity;

- Presence of the developed "traditions" contradicting the letter and equity of statute in concrete collective or division, which functioning in the office environment became a norm of behaviour (for example, transfer of the office weapon without carrying out of registration of reception-transfer, zastuplenie in the dress instead of the senior (on a rank, a post or age) the employee etc.);

- Moral and office degradation of the person of the employee of law-enforcement bodies;

- Absence of instructing before zastupleniem employees on service or their formal carrying out;

- neprovedenie explanatory actions for safety precautions observance;

- The bad organisation of operatively office activity from a management of division and higher bodies;

- Shortage of shots, their replacement by the not qualified employees, including discharge of duties in combination (the inspector in the absence of the expert-criminalist is forced to carry out actions of the given expert besides the duties);

- Structurally-organizational discrepancy of division to existing conditions of law-enforcement activity, regular number and structure of employees are insufficient for performance of operatively-office problems that leads to excessive loading and is fraught with various problems;

- Inadequate working conditions, household problems, absence of an infrastructure for maintenance of harmonious activity and a life of employees;

- Dispassionateness of heads of divisions from participation in operativnosluzhebnoj staff activity, their excessive distantsirovanie from subordinates;

- The bad organisation office and combat training that is shown in formal carrying out of employment and offsets, absence of the active form and the presentation, not qualified instructors, absence of discipline and so forth;

- Absence of rotation of heads.

The reasons set forth above and conditions are resulted by us in a context of a condition of observance of legality and discipline in the ranks of Republic Tajikistan law-enforcement bodies. The specified reasons are typical and are substantially inherent not only republic militias, but also to similar bodies of other states, for example in the Russian Federation [94].

During research it was offered to heads of territorial law-enforcement bodies, services and divisions and their assistants to name principal causes of infringements of legality, the law and order and office discipline among staff. 59 % of respondents, have specified that the main reason of similar infringements is low level of legal culture of employees which, supposing any wrongful acts, ignore interests of service, first of all realising the personal antisocial interests.

Briefing, it is possible to allocate principal causes and conditions of misconduct and legality, fulfilment of certificates of corruption and malfeasances by employees of territorial bodies of the Ministry of Internal Affairs of Republic Tajikistan which, in our opinion, are inherent also in employees of law-enforcement bodies of the Russian Federation:

- Low professional level and moral-legal consciousness which negatively influences a condition of discipline among staff of law-enforcement bodies and quality of operatively-office (fighting) duties carried out by them;

- Office deformation, and it is frequent also degradation of the employee of law-enforcement bodies, the leader to fulfilment of disciplinary offences by it and crimes;

- The lacks of social and economic maintenance forcing (provoking) employee of law-enforcement bodies to make certificates of corruption and mercenary official crime for personal enrichment, in particular family financial security;

- Society and state corruption as the system problem which has taken roots in the state bodies and in mentality of overwhelming majority of citizens of Republic Tajikistan;

- The weak control over subordinates from heads of territorial law-enforcement bodies which is an original cause of easing of office discipline, infringements of legality, fulfilment official and criminal offences.

Elimination of investigated negative displays among staff, in our opinion, it is possible first of all only at appropriate administrative activity of heads of territorial law-enforcement bodies. It also causes a direction of our research.

Subject of our research is also observance by employees of legality, i.e. Sets diverse, but the one-planned requirements connected with the relation to laws and their carrying out during a life: requirements precisely and steadily to observe laws all to whom they are addressed; requirements to observe hierarchy of laws and other normative acts; that requirement that nobody could cancel the law, except body which has published it (indisputability of the law).

These are the main requirements constituting the maintenance of legality. They can be formulated directly in laws, be proclaimed authorities or be expressed somehow differently. If they only are proclaimed, but not carried out, legality will be formal. If the named requirements are spent in practice (irrespective of the fact how they are expressed and as it is frequent about them speak), legality - real [95].

Taking into account the reasons and the conditions promoting fulfilment of disciplinary offences and crimes by employees of militia, it is possible to allocate four basic directions on consolidation of legality and the law and order in activity of law-enforcement bodies. Principal causes and conditions of misconduct, legality and fulfilment of malfeasances and certificates of corruption by employees of law-enforcement bodies of Republic Tajikistan and the Russian Federation are:

Imperfection of standard legal base. The citizens arriving on service in law-enforcement bodies, mismatch requirements of the standard legal acts regulating activity of shots of law-enforcement bodies. Candidates on service in law-enforcement bodies should possess a number of merits which are sufficient for their subsequent professional and moral-legal perfection. It is necessary to notice, that receipt on service in law-enforcement bodies are a first stage of passage of check of the candidate about it profprigodnosti, in the subsequent the raising of "lath" of requirements shown to it in process of finding of professional skill by it and experience is supposed. In this connection in law-enforcement bodies verifying actions, including certifications, testings etc. are regularly carried out a different sort.;

Imperfection of structure and control system. Speaking about process of deformation and staff degradation, it is necessary to notice, that those employees who at the moment of receipt on service corresponded to the standard requirements can be subject to these phenomena only. A category of the persons who have arrived on service, but for the various reasons mismatching the given requirements, cannot be deformed and degraded owing to that they had low moral level during that moment;

Lacks of work with staff of law-enforcement bodies. The given circumstance includes insufficient social protection of employees of law-enforcement bodies. Absence of social guarantees demotiviruet employees. The last frequently compensate it fulfilment of the mercenary certificates directed on reception of the illegal additional income;

Insufficient public relations [96].

Mass corruption of a society and the state in which conditions the employee of law-enforcement bodies carries out the daily operatively-office problems is represented, that, is that environment which possesses unwritten laws, traditions to which number it is possible to carry the corruption phenomena. Certainly, it negatively influences the person of the employee and interferes with diligent performance of official duties by it.

We believe, that discrepancy of many heads to posts occupied with it, absence of administrative abilities, and also a professional knowledge negatively affects quality of the accepted decisions, distribution of forces and means, the organisation of operatively-office activity, educational work and selection of shots.

Undoubtedly, professional work of employees of law enforcement bodies, in particular law-enforcement bodies, makes considerable impact on formation of their person. This influence can be both positive, and negative. Throughout service, employees of law-enforcement bodies find knowledge, experience, skills and the competence of office activity, are professionally improved. It is positive development of the person and its professional skill.

Along with it, under the influence of the events gone through by the employee and the experience acquired by it, moral qualities of the person which can be positive, or negative are formed. To number of the merits, law-enforcement bodies imparted to the employee in the course of office activity, concern: resoluteness in actions, independence in decision-making, fidelity to an executed debt, moral stability, conscientiousness, diligence, reliability, courage, stressoustojchivost, endurance, etc.

Merits of the employee of law-enforcement body, promote its effective operatively-office activity as in their basis kindness is pawned, valour, honesty, sense of duty, skill to communicate and other qualities allowing it to build business relations with colleagues and a management, successfully to carry out the official duties assigned to it, it is correct and polite to concern citizens and community leaders. Such behaviour of the employee hardens its position (authority) on collective, promotes an establishment of positive atmosphere and benevolent (partner) relations in collective, and also causes trust of citizens.

The alternative variant of succession of events is a negative scenario - professional deformation of the person of the employee of law-enforcement bodies in which result it loses moral qualities initially available for it, or its moral development zatormazhivaetsja, and it "rolls down" to immorality level. All it promotes display at the employee of such qualities, as cruelty, self-interest, cynicism and other negative character traits essentially not compatible to the person of the employee of law enforcement body.

In our opinion, professional deformation of the employee of law-enforcement body as process possesses two vzaimoobuslovlennymi properties: in - the first, objectively it is the systematic infringements made by it, in the subsequent become a habit; secondly, its this subjective condition which motivates it to make disciplinary offences and crimes.

Differently, professional deformation of shots as gradual process creates a background (soil) for fulfilment of disciplinary and other offences by employees of law-enforcement bodies.

Positive and negative processes (tendencies) on character are natural and develop gradually. Thus improvement or deterioration of moral shape of the employee occurs depending on its character and nature, and also features of environment of its stay and the events gone through by it. In a complex these factors lead to its positive or negative personal indicators.

Thus, professional deformation (degradation) of the person of the employee of law-enforcement bodies underlies infringement of the law and order made by it. It is one of principal causes of infringement of legality in system of law-enforcement bodies. In this connection the given aspect takes the central place in personnel selection of law enforcement bodies of Tajikistan, Russia and other states. As counteraction means to the given phenomenon the complex of the measures directed on maintenance of the law and order and strengthening of discipline in law-enforcement bodies of Republic Tajikistan and divisions of police of the Russian Federation and foreign countries acts.

If the employee does not possess positive professional qualities as a result of dialogue with asotsialnoj moral washing out of its person with development of consumer psychology environment can begin. To it promotes not only a lack of legal knowledge and practical experience of the employee, but also a negative or unstable orientation of its person, that at close contact with kriminogennoj environment quite often leads to occurrence of various kinds of deformation [97]. It can be shown: in use in speech with colleagues and offenders of obscene expressions; the scornful relation to arrested persons, display to them roughness, moral and physical humiliation; formation of psychological revaluation of possibilities of application of compulsory means [98 [99]; adherences to stereotypic, sample actions; ambitions; The various experiences compensated by realisation of inadequate behaviour in reply to stressogennuju a situation etc.

The analysis of the reasons and conditions of infringement of legality and fulfilment of certificates of corruption has shown, that the low sense of justice of citizens of republic also promotes these negative phenomena. At the same time it is necessary to consider, that productivity of activity of employees of law-enforcement bodies causes the relation of the population to them. As fairly marks O.V.Jakovlev, «the authority of militia is one of the major characteristics of productivity of work of law-enforcement bodies. The professional and moral authority of militia among the population should undergo negative changes if it is not supported with the positive public opinion formed, first of all, by successful performance by law-enforcement bodies of the social functions on protection of legal institutions of a civil society and various forms sob -

-e

stvennosti ». According to the author, now owing to a number of objective causes it is more preferable to speak not about possibilities of sharp increase of authority of militia, and about its preservation at level of is minimum comprehensible social requirements and expectations to degree of satisfaction of a society work of police (militia).

The population of each region of Republic Tajikistan possesses features peculiar to them which distinguish them from inhabitants of other districts. The republic is mainly occupied by ethnic Tadjiks who owing to historical events though have one roots, but were formed in various conditions, that causes existing intranational distinctions in mentality of the people, an accessory to different Muslim currents (sunnitskim and shiitskim) and to dialects. These specific parties also were reflected in level of sense of justice and legal culture of the population which are expressed in degree of loyalty of citizens to the government, their political preferences, and also in the relation to law enforcement bodies. Employees of law-enforcement bodies of Republic Tajikistan know, that service in concrete region of republic, besides execution of legislative and authorised norms, demands from them respect for traditions and customs of the given district that allows less konfliktno to carry out operatively-office activity and to co-operate with the population in statutory frameworks.

So, during the spent analysis of a condition of observance of legality, the law and order and office discipline among staff of law-enforcement bodies of Republic Tajikistan for last five years the tendency of insignificant reduction of the specified offences is revealed, that, in our opinion, grows out of territorial law-enforcement bodies of efforts applied by heads on eradication of these negative phenomena and consolidation of legality and the law and order among staff.

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A source: Mirzorustamov Mirzoalisher Mirzokosimovich. Activity of the head of territorial body of the Ministry of Internal Affairs of Republic Tajikistan under the prevention of disciplinary offences and crimes among staff. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -. 2018

More on topic § 2. Factors and the reasons influencing a condition, structure and dynamics of disciplinary offences and malfeasances in sphere of internal affairs and their legal characteristic:

  1. Chapter 1. Theoretical and legal bases of the prevention of disciplinary offences and crimes in sphere of internal affairs of Republic Tajikistan
  2. Chapter 2. Perfection of activity of heads of territorial bodies of the Ministry of Internal Affairs of Republic Tajikistan under the prevention of disciplinary offences and crimes among staff
  3. Mirzorustamov Mirzoalisher Mirzokosimovich. Activity of the head of territorial body of the Ministry of Internal Affairs of Republic Tajikistan under the prevention of disciplinary offences and crimes among staff. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -, 2018 2018
  4. the Chapter I. Essence, a legal basis and a modern condition of frontier cooperation of territorial bodies of the Ministry of Internal Affairs of Russia with competent bodies of the foreign states in sphere operativnorozysknoj activity
  5. § 3. A modern condition of frontier cooperation of territorial bodies of the Ministry of Internal Affairs of Russia with competent bodies of the foreign states in sphere of operatively-search activity
  6. the characteristic of initial situations and the factors influencing tactics of manufacture of legal proceedings before excitation of criminal case
  7. § 2.3. Perfection of is administrative-legal regulation of a supply with information of passport and visa activity of the Ministry of Internal Affairs of Russia in migration sphere
  8. 1.3. The maintenance of the legal capacity of the higher institution of formation of the Ministry of Internal Affairs, in sphere of rendering of paid educational services
  9. THE APPENDIX № 3 EXPLANATORY NOTE TO THE PROJECT OF THE ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA «ABOUT MODIFICATION OF THE STANDARD LEGAL ACT OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA»
  10. Chapter 1. The CONDITION of GENESIAL HEALTH of GIRLS And FACTORS, ON IT INFLUENCING (the literature review)
  11. § 2.1 Is administrative-legal basis of modern systems Federal accounts of the Ministry of Internal Affairs of Russia in migration sphere
  12. the Chapter I LEGAL AND ORGANIZATIONAL BASES OF ACTIVITY OF THE MINISTRY OF INTERNAL AFFAIRS OF THE ESTONIAN REPUBLIC IN SPHERE OF MAINTENANCE OF THE PUBLIC SAFETY
  13. the chapter II. The Cyprian problem in 1960-1974: dynamics of internal and external factors
  14. CHAPTER 1 Theoretical and is administrative-legal bases of a supply with information of activity of the Ministry of Internal Affairs of Russia in passport and visa sphere
  15. § 3. Preventive activity of the head of territorial body of the Ministry of Internal Affairs on preventive maintenance of offences among employees
  16. § 2.2 Is administrative-legal regulation of interaction of the Ministry of Internal Affairs of Russia and federal enforcement authorities at application of information resources in migration sphere
  17. § 2. Organisation factors in investigating agencies and inquiries of system of the Ministry of Internal Affairs of Russia interactions with mass media
  18. CHAPTER 1. THE GENERAL CHARACTERISTIC OF IS ADMINISTRATIVE-LEGAL REGULATION OF THE PREVENTION AND SUPPRESSION OF OFFENCES IN SPHERE OF FAMILY-HOUSEHOLD RELATIONS