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On the Question about Improvement of the Legal Confirmation of Law Enforcement Officers' Powers Based on the Example of the Patrol-Road and Patrol-Guard Service
Abstract.The subject of the research is the system of social relations that arise in the process of traffic safety. The object of the research is the interaction between drivers and police officials who protect the public order and social security. The aim of the research is to analyze the legal basis that regulates powers of police officials pursuant to the provisions of the Police Law that establish the right of a driver to stop. The author analyzes the legal basis for the overall police functions performed by the State Traffic Safety Inspectorate and Patrol-Guard Service in the field of road traffic security. The authors provide statistical information that emphasizes the need to differentiate between powers of the aforesaid services. The authors also carry out an analysis of judicial practice on the problem and offer to make certain amendments to the law. The authors pay special attention to the hidden contradictions in the Federal Police Law No. 3, bylaws, and departmental orders of the Ministry of Internal Affairs of Russia that regulate authorities and competences of the Patrol-Guard Service, local district police and Patrol-Road Service. The methodological basis of the research involves fundamental provisions of the theory of law and state, generalisation of the practical experience, application of the logical analysis and systems analysis methods, monographic comparative and other research methods. The scope of the application of the results may include legal and law-enforcement activity, educational process, traffic safety researches and improvement of the Russian law system. The novelty of the research is caused by the practical and theoretical importance of law-enforcement activity of law-enforcement authorities and the need to improve the legal grounds of police subdivisons' activity. In conclusion, the author to change the Federal Police Law No. 3 provision about the right to stop, in particular, to exclude the phrase 'when it enables the police to ensure the traffic safety'.
Keywords: public place, the patrol route, the contradiction of the provisions of the law, traffic police inspector, competence, police functions, the right to stop, police powers, traffic safety, police service
Article was received:19-10-2018
This article written in Russian. You can find full text of article in Russian here .