内务机关员工越轨行为:辩证评价的经验

S. Milyukov, A. Nikulenko
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引用次数: 1

摘要

在现代俄罗斯,打击社会危险表现的问题是一项国家项目,宣布公民有权享有安全的生活条件。对执法人员合法地抵抗犯罪扩张的能力给予了很大的重视,使他们能够通过合法地使用武力来保护自己和他人,打击那些对社会造成危险的侵犯行为的人。在越轨行为概念的指导下,笔者试图对执法人员,主要是警察的合法行为问题进行分析。研究人员对调整现状的必要性得出了合理的结论。立法及其适用的实践不能满足为保护公共秩序和确保公共安全而从事公务活动的执法机构代表的利益。立法不完善是造成长期压力情境下警务人员越轨行为的主要原因。他们的丰富也引发了警察的越轨行为,有时表现为对违法者的极端残暴。从我们的观点来看,俄罗斯联邦刑法的现行规范,主要是第8章的规范不够明确。此外,它们的立法措辞远不完善,并提供了在排除行为犯罪的情况下将造成伤害的责任转移给肇事者的机会。建议认真调整刑事立法规范,将大大提高其实际执行的效力,使警官对采取攻击性合法步骤影响犯罪的重要性和可能性的意识有信心,并加强对他们的法律保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Deviant behavior of employees of internal affairs bodies: experience of dialectical assessment
In modern Russia, the problem of countering socially dangerous manifestations acts as a national project that proclaims the right of citizens to safe living conditions. Much attention is paid to the ability of law enforcement officers to resist criminal expansion legally, to be able to protect themselves and others by means of legal use of force against persons who commit socially dangerous encroachments. Guided by the concept of deviance, the authors made an attempt to analyze the problem of lawful behavior by law enforcement officers, primarily police officers. The researchers came to a reasonable conclusion about the need to adjust the current state of affairs. The legislation and the practice of its application cannot satisfy the interests of representatives of law enforcement agencies engaged in official activities for the protection of public order and ensuring of public safety. Imperfect legislation is the main reason of deviant behavior of police officers who are in permanent stress situations. Their abundance also provokes deviant behavior of police officers, which sometimes manifests itself in extreme brutality towards lawbreakers. From our point of view, the current norms of the Criminal Code of the Russian Federation, primarily the norms of Chapter 8, are not clear enough. Moreover, their legislative wording is far from being perfect and gives the opportunity to shift the blame for causing harm to persons who do it in circumstances that exclude the criminality of the act. The proposed careful adjustment of the norms of criminal legislation will significantly increase the effectiveness of their practical implementation, instill confidence in the consciousness of police officers about the importance and possibility of offensive legitimate steps to influence crime, as well as to increase their legal protection.
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