Ural Institute of Economics, Management and Law
Test Under the discipline "Administrative Law"
Option 2.
Student 2 courses directions "Dogs
Group Yu-201 / P
Correspondence formation
Schwalev P.G.
mr. Polevskaya
Task number 1.
The district police officer of Ignatiev (Master of Sports on hand-to-hand combat) was returned in the evening with training. Passing near the office under construction, he heard loud screams, quickly overcame the fence and saw how 4 - 5 meters from him two guys beaten by a desperately resistant, bloody man. One of the attackers had a knife. Ignatiev exposed the tablet weapon, demanded to stop beating and staying on the spot. One of the guys (as it turned out later, the 17-year-old Bogachev) with a knife raised above his head rushed to Ignatiev, but he managed to disarm the criminal in his hand. The second guy (17 - Summer Petrov) grabbed a thick metal rod from the ground and also rushed to the district inspector. Ignatiev, ahead, pressed on the trigger. The shot did not follow. The next moment the gun was knocked out of his hand, and the raised metal rod was ready to go down to Ignatyeva's head, but he managed to dodge and threw an empty bottle in the attacker. The blow was so strong that Petrov died on the spot from the traumatic brain injury. Prepare a conclusion about the legality of the actions of the district inspector Ignatiev.
The situation described in the task lies in the plane of criminal law and does not apply to the administrative law.
Here we are dealing with a crime (category of criminal law only) aimed against the personality (Section of the VII Criminal Code of the Russian Federation. Chapter 16. Crimes against Life and Health). Direct object Crimes in this case is health, and perhaps the life of a citizen beating.
By definition, the district police officer is executive Police Russian Federationcarrying office activitywhich is aimed at protecting the rights of citizens living in the relevant administrative plot, as well as citizens affected by criminal encroachments in the specified territory.
The powers of the district authorized police are enshrined in the order of the Minister of Internal Affairs of the Russian Federation No. 1166 dated December 31, 2012 "Questions of the organization of the activities of the district authorized police": "... The police officer (senior district authorized) police are attracted to the following duties, if they are impossible to fulfill their implementation by other employees Police: ... participation in the protection public order and providing public security... ". According to this provision, Ignatiev did not directly fulfill his professional debt.
In addition, the regional authorized police is endowed with broad powers in almost all directions of the activities of the internal affairs bodies, including: "The police officer has the right to carry and storing firearms and special Tools» ( the federal law from 07.02.2011 N 3-ФЗ (edition of 02.07.2013) "On the police". Art. 25).
In this regard, the actions of the Ignatiev police officer regarding the first attacker on him with a capable knife (according to this type of crime, responsibility comes from 14 years) young man did not exceed the limits of the necessary defense, as Ignatiev disarmed the shot in his hand.
In the episode with the second boys, the necessary defense also did not exceed the limits, since the causation of his health was directly affected by the Ignatiev Metal Prut, and the blow from an empty blank bottle was accidentally causing the last death.
Thus, the actions of the district inspector Ignatiev are legitimate and lie in the plane of their professional duties performed on a legal basis.
Considering that the work is performed on the topic administrative lawIt should be added that the individual powers of the district authorized police are enshrined in the Code of Administrative Offenses of the Russian Federation (Art. 23.3) for the appointment administrative punishmentswhere the senior district police officers, district police officers may consider administrative offenses.
district Entrepreneurship Administrative Licensing
Task number 2.
Kurochkin sold knitted sports caps near the "SportsTowers" store. In response to the requirement of a police officer to present a passport to draw up a protocol on the offense, he said that the passport left at home. He did not have any documents certifying personality. During a conversation with a police officer, Kurochkin made an attempt to hide from the place of violation, but was overtaken and delivered to the duty unit of the internal affairs body, where he was made before identifying the personality and drawing up a protocol on the offense. What administrative and legal coercion measures according to the relevant classification are applied to Kurochina? Are the actions of police officers legitimate?
It should be started with the fact that the activity of Kurochina for the sale of knitted sports hats contradicted the law. Trade in K. business activities. According to Art. 2GK RF entrepreneurial activity - "This is an independent, activities carried out to the systematic profit from the use of property, sales of goods, work, or providing services to persons registered in this capacity in installed manner" Consequently, Kurochkin committed an administrative offense in the field of business activities.
Article 14.1. "Implementation of entrepreneurial activities without state registration or without a special permission (license) "in claim 1 indicates that" the implementation of entrepreneurial activities without state registration as individual entrepreneur or without state registration as legal entity Shut down administrative fine in the amount of five hundred to two thousand rubles. "
Since Citizen Kurochkin was not registered as an IP, did not have a license, then the requirement of a police officer to present a passport to compile a protocol on the offense were a chalcome.
Here should indicate the current classification of administrative and legal measures:
· administrative and preventive measures (apply in cases where there is no offense yet, and are carried out in order to protect public and state interests and the safety of citizens as a means of preventing, preventing possible unwanted, harmful consequences or offenses); · measures administrative suppression (used as a means of forced termination of already committing offenses and prevent their harmful effects); · administrative recovery measures (apply if administrative offenses are committed). Article 27.1 Administrative Code admits "Administrative detention of a person for drawing up a protocol on administrative offense or establishing his personality; drive unit; Delivery B. medical institution either in the duty of the police; Requirement stop illegal actions; Direct physical impact; Application of special means (rubber sticks, tear gas, handcuffs, water homes, etc.) to curb mass riots and group actions violating the work of transport, communications, enterprises and institutions; Application of weapons B. special cases; temporary removal of infectious patients from work; Prohibition of operation vehicle, technical condition which does not meet the established requirements, etc. From here, the following actions of the police officer were correct in the application of such a measure of curbing as an administrative detention of Kurochina "to draw up a protocol on the administrative offense and the establishment of his personality." Task number 3. Marychev was attracted to administrative responsibility Due to the fact that non-ferrous metal scrap for further resale. He was not registered as an individual entrepreneur and did not have a license for this species Activities. In the complaint about the decision to attract him to the responsibility of Marychev, he indicated that he did not engage in entrepreneurial activities, but only once he made the purchase of non-ferrous metals. The judge abolished the decision to attract Marychev to administrative responsibility on the grounds that entrepreneurial activity implies profit, as well as systematically, which should be expressed in the form of repeating full cycles of trade turnover from buying before selling goods. Give legal qualifications of the case. According to Art. 2 CC of RF entrepreneurial activity - "This independent, activities carried out to the systematic profit from the use of property, selling goods, performing works or providing services to persons registered in this quality in the prescribed manner." In definition, such a sign of entrepreneurial activity is really indicated as "systematic profit." In case the court had sufficiently good evidence that Marychev had just made the purchase of non-ferrous metal scrap once, it was possible to cancel the decision to attract Marychev to administrative responsibility for an offense in the field of entrepreneurial activity, since he did not sell a scrap, he repeatedly did not receive and arrived. However, in Article 14.26, the Administrative Code says: "Violation of the rules of treatment of scrap and waste of non-ferrous and ferrous metals (reception, accounting, storage, transportation), ... as well as their alienation entails the imposition of an administrative fine on citizens in the amount of from two thousand to two thousand five hundred rubles With the confiscation of administrative offense items or without such. " Since the purchase and sale operation is alienation, Marychev should be attracted to administrative responsibility under Article 14.26 of the Codecha of the Russian Federation. Task number 4. Being in a park of recreation, a citizen of Museskin threw the cigarette cigarette, for which he was detained by an employee of a private security company Dubinkin, who informed him that in connection with the decision of the chapter municipal Education This offense entails the imposition of a fine of 10 minimum wage. Musekin replied that he had no such money with him. Then Dubinkin seized the wristwatches and a fur jacket to a deposit before paying a fine, which act was drawn up on the spot. Give a legal assessment of this situation. When solving this task, you should deal with the following facts: · Adequacy of the decision of the head of MU; · Powers of a security officer; · The legitimacy of the actions of the employee of the security company. In the fact of the fact, we are dealing with a pollution by a citizen of the Musician Environment at the place of the citizens. According to Article 8.2 of the Administrative Code of the Russian Federation "Failure to comply with environmental and sanitary and epidemiological requirements for collecting, accumulating, using, disposal, transportation, placement and other handling of production and consumption waste, substances that destroy the ozone layer, or other hazardous substances - entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles ... "Since Musekin threw the cigarette, that is, the" waste of consumption ", past the urn, then, formally, the penalty should not exceed the specified size, namely from one thousand to Two thousand rubles. Therefore, the decision of the head of the municipality (if such a decree really occurred) about the amount of the fine for such an offense 10 minimum wage (approximately 55,540 rubles) contradicts the Code of Code of the Russian Federation. According to Article 1.1 of the Law of the Russian Federation of 11.03.1992 N 2487-1 (Ed. Dated 07/02/2013) "On private detective and security activities in the Russian Federation": "Private security guard is a citizen of the Russian Federation, which has reached the eighteen years, who has passed vocational training for work as a private security guard who passed the qualifying exam, who received a private security certificate and working on the manner labor Treaty with a security organization. " Moreover, the wording does not allow other interpretations. Consequently, on citizens who carry out private detective and security activities, the effects of laws enshrining legal status workers law enforcementdoes not apply, since chop is not a state body (under the authorities of law enforcement and security in the Russian Federation, they understand specially created state bodieswhose main task is to protect the legality and law enforcement, protection of rights and legitimate interests Man and citizen, fight against offenses and their warning). On this basis, Dubinkin unparalleled demanded to pay him a trashkin penalty, especially to take personal belongings as a collateral, as well as draw up an act. Especially about the fine should not go and speech! Article 3.4 of the Codex of the Russian Federation on Administrative Offenses clearly establishes a sequence of administrative punishment measures, the first of which is the warning: "Warning is a measure of administrative punishment, expressed in the official crown of a physical or legal person. Warning is made in writing. The warning is established for the first advanced administrative offenses in the absence of harm or the occurrence of the threat of causing harm and health of people, objects of animal and plant world, environment, cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, state security, threats emergency situations Natural I. technogenic characteras well as in the absence of property damage. " Since the Muskin citizen for the first time in these circumstances committed an offense, it was this measure that it was enough. Behind the result, it should be concluded: judging by the fact that Musicin was ready to answer his misconduct, the employee of Chop Dubinkina was only enough to make a remark so that the sturning was raised from the ground and lowered in the urn. Dubinkin clearly exceeded his powers, and his actions began to be undisamered. Task number 5. OJSC "Pervoural communal networks" on the basis of a lease agreement with MUE "Housing and Communist Party of Pervouralsk" from 01.10.2003 received in temporary possession and use of urban heating network. For four months from the date of transmission of thermal networks, the Company led to the preparation of documents to obtain a license for the right to carry out the operation of the operation of thermal networks. 02.2.2004 The statenergoneadzor inspector conducted a verification of the legality of using thermal networks by society. The inspector found that networks were operated without a relevant license. A protocol on an administrative offense was drawn up. CEO OJSC explained that they have taken all measures to obtain a relevant license, but in accordance with licensing requirements, the applicant must own these networks and submit to the licensing authority the relevant documents on them. In addition, the applicant must have specially trained personnel. The deadline for obtaining a license is very long, and wages to employees are obliged to pay employees. Therefore, not to exploit the network society could not. In addition, the Director-General explained that actually the society did not exploit the network independently, since the work on the repair and maintenance of networks was carried out contractual organizations, the company only controlled their actions. Who is right in this situation? What is the procedure for licensing thermal networking activities? In this situation, the inspector was right. According to Part 2 of Art. 14.1 Administrative Code Entrepreneurial activities without special permission<#"justify">2. The operation of the operation of heat networks includes reception, transmission and distribution of thermal energy, maintenance and repair of thermal networks. Licensing of thermal networking activities is carried out by the Ministry of Energy of the Russian Federation (hereinafter referred to as the licensing authority). Licensed requirements and conditions in the implementation of thermal networking activities are: a) compliance with the requirements of the regulatory legal acts of the Russian Federation and regulatory technical documentsestablishing the rules of operation of thermal networks; b) the presence of certificates for equipment used by the licenseer in the implementation of licensed activities; d) the presence of a licensee of workers who have a special higher or secondary professional education or other higher or secondary vocational education, subject to retraining by them in order to implement licensed activities, as well as specialists who have passed in the prescribed manner special training; e) the presence in the state of the official owner responsible for ensuring reliable and uninterrupted heat supply of consumers, as well as for the safety of the operation and repair of heat networks; e) the presence of a passport licensee (act) readiness for work in the winter period. To obtain a license, the license applicant submits the following documents to the licensing authority: a) A statement on license provision indicating: names, legal form, location - for a legal entity; surnames, name, patronymic, place of residence, data certifying personality - for an individual entrepreneur; licensed activity; b) copies of constituent documents and a copy of the document confirming the fact of making a legal entity record in a single state Register legal entities; a copy of the certificate of state registration of a license applicant as an individual entrepreneur; c) a copy of the certificate of formulation of the applicant license to account in the tax authority; d) copies of documents confirming the qualifications of an official responsible for ensuring reliable and uninterrupted heat supply and the safety of the operation and repair of heat networks; e) copies of documents confirming the qualifications of the employees of the license applicant; (e) A document confirming the payment of the license fee for consideration by the licensing authority of the license application authority. If copies of the documents stipulated by subparagraphs "b" and "in" of this clause are not examined, they are presented with the original. Require from the applicant license submission of other documents is not allowed. For providing unreliable information, the license applicant is responsible in accordance with the legislation of the Russian Federation. The licensing authority decides on the provision or refusal to provide a license within a period not exceeding 60 days from the date of receipt of the application with all the necessary documents. The corresponding decision is issued by the order of the head of the licensing authority. The licensing authority in licensing has the right to verify the compliance of the license applicant with license requirements and conditions. The license for the operation of the operation of heat networks is provided for 5 years. The license validity period can be extended by the licensee's application in the manner prescribed for the license reissue. The licensing authority maintains the registry of licenses, which indicates: a) the name of the licensing authority; b) licensed activity; c) Licensee Information: name, organizational and legal form, location (indicating locations in geographically separate divisionscarrying out licensed activities) - for a legal entity; surname, name, patronymic, place of residence, data certifying personality - for an individual entrepreneur; the licensee code for All-Russian Classifier enterprises and organizations and identification number of the taxpayer; d) the addresses of the facilities used to implement the licensed activity; e) the date of decision on the provision of a license; e) license number; g) license validity period; h) license registration information in the registry of licenses; i) information on the extension and renewal of the license; k) the grounds and dates of suspending and resuming the license; l) the basis and date of cancellation of the license. Monitoring compliance with licensee licensed requirements And the conditions are carried out by holding a licensing authority on the basis of the order (order) of his head, which indicates: a) surname, name, patronymic and position of person (persons) authorized to check; b) goals, tasks and subject of verification; c) start and end dates. The duration of the inspection should not exceed 1 month. Planned check is carried out by the licensing body no more than 1 time in 2 years. An unscheduled verification is carried out to confirm the elimination of the licensee identified when conducting a planned verification of violations of licensing requirements and conditions. According to the results of the inspection, an act is drawn up with specific violations and their elimination period. The act is drawn up according to the mounted licensing organ form in 2 copies, one of which is given to the licensee. At the act, if necessary, copies of documents confirming the presence of identified disorders are attached. If the licensee does not agree with the results of the inspection, it has the right to reflect his opinion in the act. In the event of a licensee's refusal from familiarization with the results of the inspection, the official (person) records this fact in the act and assures it to its print. The licensee is obliged to notify (in writing) the licensing authority to eliminate the violations identified. The licensee is obliged to inform (in writing) within 15 days a licensing authority to change the place of its location, as well as the locations of the territorially separate divisions carrying out licensed activities. The licensing authority under licensing is guided by the Federal Law "On Licensing separate species Activities "and this Regulation.Similar works on - the legitimacy of law enforcement actions
Kontrolnaya_rabota_po_ugolovnomu_pravu_rf.
She, laughing, put the trunk to a friend's head and pressed on the trigger. Nerchant killed. Are there any wines in the actions of a malcuck? Name the main criteria for distinguishing criminal carelessness and innocent harm causing.
Will the legal assessment of the deed change, if it is established that Malsukov had i-discharge on pool shooting? In this situation, the act committed by the Malchato can be regarded as an innocent causing harm provided for in paragraph 1 of Article 28 of the Criminal Code of the Russian Federation:
"The act is recognized as innocently, if the person who committed him, did not realize and could not be aware of the circumstances public danger There was no possibility of the onset of socially dangerous consequences of his actions (inaction) and did not have any circumstances or could not foresee them. "
Malsukov did not assume and could not assume that the gun was charged, because preliminary
Task number 3.
Marychev was attracted to administrative responsibility due to the fact that scooped scrap of non-ferrous metals in order to further resale. He was not registered as an individual entrepreneur and did not have a license for this type of activity.
In the complaint about the decision to attract him to the responsibility of Marychev, he indicated that he did not engage in entrepreneurial activities, but only once he made the purchase of non-ferrous metals. The judge abolished the decision to attract Marychev to administrative responsibility on the grounds that entrepreneurial activity implies profit, as well as systematically, which should be expressed in the form of repeating full cycles of trade turnover from buying before selling goods.
Answer: According to Art. 2 Civil Code of the Russian Federation. Business activities - "This is an independent, carried out on your risk.
"Far Eastern Federal University" (FEFU) Legal School of FEFU
All surnames of people and having procedure value Dates in tasks changed. For the correct solution to the tasks on a particular topic, the student must pre-examine the existing criminal law, other regulatory material on the topic relating to both the criminal and other branches of law corresponding to the resolutions of the plenums Supreme Court RF, lecture and educational materials, monographic literature, science articles and comments recommended by the workshop plan and practical training.
Give legal qualifications of the case.
Solving tasks on practical lesson It is a student of the circumstances of the case, the main issue of the task, questions on which the decision depends on them. The solution must be deployed, consistent, reasoned, reinforced by references to the actual circumstances of the case, the norms of criminal law, other regulatory material, clarification of the Plenums of the Supreme Court of the Russian Federation.
On the basis of Article 125 of the Criminal Code of the Russian Federation, determine whether the behavior of Dmitry criminal is?
For this purpose, he took a child from kindergarten And in the tunnel under the railway blade strangled it.
To destroy, the corpse poured in advance the combustible substance and arson, after which he disappeared and home did not return. Qualify the deed. Determine the object of the crime? Who can be considered victim in this case?
5) Wanting to break the exam, students, the day branch of the police and the Maslov called in 119, and, without calling their own behalf, they reported allegedly the preparing explosion of the institute building. Qualify the deed. Determine the object of the crime?
6) The warehouse of the Efimov warehouse came to duty in a drunk, turned on the electric kettle, and then fell asleep. Efimov woke up when the fire covered a significant part of the building.
Solution No. 2-5260 / 2014 2-622 / 2015 2-622 / 2015 (2-5260 / 2014;) ~ M-5236/2014 M-5236/2014 dated February 16, 2015 The fire team caused by him did not immediately cope with fire. As a result, property was destroyed in the amount of more than 200 thousand rubles. Efimov reimbursed the damage caused.
in case number 2-5260 / 2014
Subsequently, the plaintiff increased claim and asked the court to cancel the order N 519 l / s from DD.MM.YYYH in the form of a warning of incomplete service compliance, obliging the defendant to pay restrained from it money allowance Award for the conscientious fulfillment of official duties in the amount of 6625 rubles.
In justifying the claim, he indicated that it was working in the police department of the Ministry of Internal Affairs of Russia in Barnaulu from DD.MM.YYYY in the position of senior district police officer and juvenile affairs. Order No. L / C from DD.MM.YYYY to it was illegally imposed disciplinary recovery in the form of a warning of incomplete official accordance with the violation of P.P.
23.3 and paragraph 25 of the instructions for the organization of the activities of precincts from authorized police approved by the Order of the Ministry of Internal Affairs of Russia separately. M.YYYY №1136, expressed in not receiving a firearrow with two equipped shops and not arrival on instruction on 14.08.2014.
The legitimacy of law enforcement actions
One of the guys (as it turned out later, the 17-year-old Bogachev) with a knife raised above his head rushed to Ignatiev, but he managed to disarm the criminal in his hand. The second guy (17 - Summer Petrov) grabbed a thick metal rod from the ground and also rushed to the district inspector. Ignatiev, ahead, pressed on the trigger.
The shot did not follow. The next moment the gun was knocked out of his hand, and the raised metal rod was ready to go down to Ignatyeva's head, but he managed to dodge and threw an empty bottle in the attacker.
The blow was so strong that Petrov died on the spot from the traumatic brain injury. Prepare a conclusion about the legality of the actions of the district inspector Ignatiev. Answer: The situation described in the task lies in the plane of criminal law and does not apply to the administrative law. Here we are dealing with a crime (the category of criminal law only) aimed against the personality (Section VII of the Criminal Code of the Russian Federation.
Throughout the prosecution on the devices of the light-speaking device, the driver was sent to the driver so that he would stop at the demands of police officers.
He ignored, "recalls the Inspector of the DPS of the Department of Internal Affairs in the Tarnog district Vladimir Gusichi.
Vladimir Gusichi driver "Zhiguli" left from chase on a rabid speed, looting along the streets of the town.
"Seven", that and the case missed the road to the rod.
Then the car hooked the car standing on the side of the sideline and almost hit the pedestrian. The situation caused concern, especially when children appeared on the road.
The guys returned from school from the second shift. The car under the control of the intruder rushed right on them. Senior Lieutenant Kurbatov decided to act.
He leaned out of the window of the car and raised the tablet weapon up.
He thundered a shot. "The idea swept in the head that the driver was unlikely and made a departure to the side of the road, and the children ahead.
Chapter 34 Crimes against the Procedure for Management Guidelines for the topic
To stop them, the woman caused a police outfit. Militia officers and Kolchnev, who arrived at the scene, called obsolent words, and also called "executioners" and "fascists."
1. How to evaluate the actions of Kurmoyarov? 2. Are there any grounds for attracting criminal responsibility Lopareva? 831. Announced Ivanishchev's alternative service after three days left the nursing home, where it was determined to pass his service.
Detained by police officers, he explained the reasons for his act:
"It is dismissed for old men, wearing pots for them"
How to evaluate the actions of Ivanishchev?
832. The head of the Torbert City Hall registered himself as a candidate for the mayor of the city during the election campaign. However, checking his documents revealed that he bought a diploma state University Economy and law. How to qualify actions of tenets?
Help with a criminal law ((((
Those who, by virtue of family or other special relations, must have a care about this person, even if these persons are not witness-eyewitnesses, but they know about the dangerous position of the persons who are on their care; 3. They are obliged to assist, and not being eyewitnesses, also those who are engaged in such professions or are in such a service that the circulation of their official duties includes the protection of data and the disgust of this kind of hazards (doctors, police ranks, etc.
p.) ; 4. Special mention deserve cases where she did not have any assistance he himself put another in a dangerous position. Such individuals are obliged to assist, even if there are no eyewitnesses of the dangerous position created by them, after reading the scene and t.
Kontrolnaya_rabota_po_ugolovnomu_pravu_rf.
The conditionality of the hazardous state of the preceding actions of the face. In case the person itself has delivered criminal law protection facilities in danger of harm, it is responsible for possible consequences. In addition, the person must have a real opportunity in a specific situation to make the action required from it, and to be taken into account when determining such an opportunity, such as the norms of legislation (allowing in certain cases to shy away from the commission) and the inaction situation and the subjective characteristics of the person are considered. Task 1 Employee Patrol and Captivity Militizer Nobility, Returning from duty, was going to pass his own tablet weapon.
On the way, he met a familiar girl of Malcukov, who asked to give her to "hold" weapons. The policeman took out the clip and gave a Malyshuk's pistol without checking that one cartridge remained in the chamber.
Solution No. 2-5260 / 2014 2-622 / 2015 2-622 / 2015 (2-5260 / 2014;) ~ M-5236/2014 M-5236/2014 dated February 16, 2015 in case number 2-5260 / 2014
- Civil essence of the dispute: Labor disputes - Others arising from Labor Court 2-622 \\ 2015rempulation of the Russian Federation16 February 2015
Barnaul Oktyabrsky district Court G. Barnaul Altai Region As part of: Chairman Assayikova L.S. Under the secretary of Paksi E.A. Examined in open court session Civil case on the claim of FULL NAME5 to the Ministry of Internal Affairs of Russia in G. Barnaul on the abolition of a disciplinary recovery of the recovery and order of its imposition, the recovery of retained cash was installed: the plaintiff passes in the position of senior district authorized police and on juvenile departments in the police department No. 2 of the Ministry of Internal Affairs of Russia .
Barnaulu. It was imposed on him disciplinary action In the form of a warning of incomplete service compliance.
Believing that this disciplinary recovery is imposed unreasonable, the plaintiff appealed to the court with a claim in which he asked to cancel
Mystery of the precinct: "The main weapon is a handle, without it I do not go out"
How to reconcile neighbors and relax after working day24.03.2015, 13: 04budni of the usual precinct - it is to write and print, interview and write.
Daily work on the statements of citizens, making definitions, is the composition of the crime or offense or not, and under what code is an administrative or criminal one - it falls. It seems boring. By no means, the labor weekdays of the district, a simple man in the suggestion may seem this "Santa Barbara".
About them - from the first mouth. He dreamed, but I went to be plot I did not dream since childhood, it just happened. Having tried themselves in different spheres, I came to the conclusion that I want some stability and more or less normal earnings. As a result, received legal education And filed an application to the police. I was accepted by Plotov, now we are working.
Our reality is radically different from the one that is shown in the movies. The main weapon of the precinct is not a pistol, but a handle, as you have to write a lot.
When does the policeman shoot for defeat?
But recently each shot is perceived on the Internet in the bayonets. When a law enforcement officer has the right to shoot the defeat, the correspondent of "Gomelskiy Paradi" was sought.
Warning in words this summer on the landing of one of the Mozyr high-rise buildings, young guys were rowed.
Neighbors caused a police. However, public order violators met the district inspector, to put it mildly, unfriendly: they began to water it with mats, push, grab about uniform uniforms.
Then one of Bujanov hit the law enforcement with a fist in the face, and the second - grabbed the knife and threatened to kill.
Surrounded by district
"05 Mar 2009, 15:47 Good afternoon all.
We are accustomed that people in the form appear when we need help. But sometimes their own life is under threat.
Recently (a couple of days ago) came the precinct (I live in Moscow, in Yuvao).
and came almost at 23:00. The benefit of the house of his wife with children was not. As I already understood, he came to check storage conditions (I have a re-registration of smooth-boln and trauma). He stated with the move that I had expanded licenses, although they had before mid-April 2009. - But the impression on it did not produce, as well as Courdes with LRO about the adoption of documents for re-registration issued by two days earlier.
Long rummaged in the safe, reigned numbers, checked the storage conditions of cartridges, etc. Although I gave the instructions to "shoot" the safe to the floor. Having hinted about ignorance of weapon storage conditions.
again hinted about the fact that I do not know how to handle weapons. About standing next to Saiga-410k said nothing (I thought it would take to disassemble and keep painting.)
Alexey Kurbatov does not consider his deed heroism by heroism, explaining that he acted in accordance with the law.
IN rural settlement The Marcushevskaya Tarnogsky district in the district police station Alexei Kurbatov is not infused - fair and principled, and after a case with detention dangerous criminal Kurbatov in the village and consider hero at all. That day he served with the DPS inspector by Vladimir Gusichny on compliance speed \u200b\u200bregime On the roads of the district center.
The red "Laughty" street of the seventh model with Archangelian numbers passed along the street, with a clear exceeding speed.
The driver did not comply with the requirement to stop. Stage began. "We decided to play ahead, passed it on Odintov Street, where they met, blocked him the road.
He reincuted us on the side and began to leave against chase.
The legitimacy of law enforcement actions
administrative and preventive measures (apply in cases where there is no offense yet, and are carried out in order to protect public and government interests and security of citizens as a means of preventing, preventing possible unwanted, harmful consequences or offenses); · Administrative preventive measures (used as a means of forced termination of already committing offenses and prevent their harmful effects); · Administrative recovery measures (apply in case of administrative offense).
Article 27.1 Administrative Code admits "Administrative detention of a person to compile a protocol on an administrative offense or to establish his personality; drive unit; delivered to the medical institution either in the duty of the police; Requirement to stop illegal actions; Direct physical impact; Application special
Help with a criminal law ((((
Article 125 of the Criminal Code of the Russian Federation reads: Removable leaving without the help of a person who is in dangerous to life or health condition and deprived of the opportunity to take measures to self-preservation in youngster, old age, illness or due to its helplessness, in cases where the guilty had the opportunity to assist this person and was obliged to have care about him either he himself put it into a life-threatening or health condition, - shall be punished with a fine of up to eighty thousand rubles or in the amount of wages or other income convicted for the period up to six months or mandatory work For a period of up to three hundred and sixty hours or correctional work for up to one year, or forced work for up to one year, or arrest for up to three months, or imprisonment for up to one year. Obligated to assist should be reckoned: 1.
All citizens
"Far Eastern Federal University" (FEFU) Legal School of FEFU
15.77 MB.Nazvanistizant47 / 114Date Publication05.02.2015Repro15.77 MB.Type \u003e\u003e 47 Discipline "Criminal Law" 030501.65 "Jurisprudence".
Vladivostok, 2012. Module I. Common part.
Objectives for solving practical occupations for solving situational problems (incidents) in the total part of the criminal law to account for the task, the authors proceeded from the provisions of the Russian criminal policy expressed in the Constitution of the Russian Federation, the current criminal law and the practice of its application.
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Ural Institute of Economics, Management and Law
Examination of the discipline "Administrative Law"
Option 2.
Student 2 courses directions "Dogs
Group Yu-201 / P
Correspondence formation
Schwalev P.G.
mr. Polevskaya
Task number 1..
The district police officer of Ignatiev (Master of Sports on hand-to-hand combat) was returned in the evening with training. Passing near the office under construction, he heard loud screams, quickly overcame the fence and saw how 4 - 5 meters from him two guys beaten by a desperately resistant, bloody man. One of the attackers had a knife. Ignatiev exposed the tablet weapon, demanded to stop beating and staying on the spot. One of the guys (as it turned out later, the 17-year-old Bogachev) with a knife raised above his head rushed to Ignatiev, but he managed to disarm the criminal in his hand. The second guy (17 - Summer Petrov) grabbed a thick metal rod from the ground and also rushed to the district inspector. Ignatiev, ahead, pressed on the trigger. The shot did not follow. The next moment the gun was knocked out of his hand, and the raised metal rod was ready to go down to Ignatyeva's head, but he managed to dodge and threw an empty bottle in the attacker. The blow was so strong that Petrov died on the spot from the traumatic brain injury. Prepare a conclusion about the legality of the actions of the district inspector Ignatiev.
The situation described in the task lies in the plane of criminal law and does not apply to the administrative law.
Here we are dealing with a crime (category of criminal law only) aimed against the personality (Section of the VII Criminal Code of the Russian Federation. Chapter 16. Crimes against Life and Health). The direct object of crime in this case is health, and the life of a citizen beating is possible.
By definition, the district police officer is the police officer of the Russian Federation, which is aimed at protecting the rights of citizens living in the relevant administrative plot, as well as citizens affected by criminal encroachments in the specified territory.
The powers of the district authorized police are enshrined in the order of the Minister of Internal Affairs of the Russian Federation No. 1166 dated December 31, 2012 "Questions of the organization of the activities of the district authorized police": "... The police officer (senior district authorized) police are attracted to the following duties, if they are impossible to fulfill their implementation by other employees Police: ... participation in the protection of public order and providing public security ... ". According to this provision, Ignatiev did not directly fulfill his professional debt.
In addition, the district authorized police is endowed with broad powers in almost all areas of the internal affairs bodies, including: "Police officer has the right to wear and storing firearms and special funds" (Federal Law of 07.02.2011 N 3-FZ (editors from 07/02/2013) "On the police". Art. 25).
In this regard, the actions of the Ignatiev police officer in relation to the first attacker on him with a capable knife (according to this type of crime, the responsibility comes from 14 years old) of the young man did not exceed the limits of the necessary defense, since Ignatiev was disarmed in his hand.
In the episode with the second boys, the necessary defense also did not exceed the limits, since the causation of his health was directly affected by the Ignatiev Metal Prut, and the blow from an empty blank bottle was accidentally causing the last death.
Thus, the actions of the district inspector Ignatiev are legitimate and lie in the plane of their professional duties performed on a legal basis.
Considering that the work is carried out on the topic of administrative law, it should be added that the individual powers of the district authorized police are enshrined in the Codex of the Russian Federation on Administrative Offenses (Art. 23.3) to appoint administrative penalties, where the senior district police officers, district police officers may consider cases about administrative offenses.
district Entrepreneurship Administrative Licensing
Task number 2..
Kurochkin sold knitted sports caps near the "SportsTowers" store. In response to the requirement of a police officer to present a passport to draw up a protocol on the offense, he said that the passport left at home. He did not have any documents certifying personality. During a conversation with a police officer, Kurochkin made an attempt to hide from the place of violation, but was overtaken and delivered to the duty unit of the internal affairs body, where he was made before identifying the personality and drawing up a protocol on the offense. What administrative and legal coercion measures according to the relevant classification are applied to Kurochina? Are the actions of police officers legitimate?
It should be started with the fact that the activity of Kurochina for the sale of knitted sports hats contradicted the law. Trade belongs to business activities. According to Art. 2 CC of RF entrepreneurial activity - "This independent, activities carried out to the systematic profit from the use of property, selling goods, performing works or providing services to persons registered in this quality in the prescribed manner." Consequently, Kurochkin committed an administrative offense in the field of business activities.
Article 14.1. "The implementation of entrepreneurial activities without state registration or without a special permit (license)" in claim 1 indicates that the implementation of entrepreneurial activities without state registration as an individual entrepreneur or without state registration as a legal entity entails an administrative fine in the amount of five hundred to Two thousand rubles. "
Since Citizen Kurochkin was not registered as an IP, did not have a license, then the requirement of a police officer to present a passport to compile a protocol on the offense were a chalcome.
Here should indicate the current classification of administrative and legal measures:
· Administrative and preventive measures (apply in cases where there is no offense yet, and are carried out in order to protect the public and government interests and security of citizens as a means of preventing, preventing possible unwanted, harmful consequences or offenses);
· Administrative preventive measures (used as a means of forced termination of already committing offenses and prevent their harmful effects);
· Administrative recovery measures (apply in case of administrative offense).
Article 27.1 Administrative Code admits "Administrative detention of a person to compile a protocol on an administrative offense or to establish his personality; drive unit; delivered to the medical institution either in the duty of the police; Requirement to stop illegal actions; Direct physical impact; use of special means (rubber sticks, tear gas, handcuffs, water homes, etc.) to curb mass riots and group actions that violate the work of transport, communications, enterprises and institutions; application of weapons in special cases; temporary removal of infectious patients from work; Prohibition of vehicle operation, the technical condition of which does not meet the established requirements, etc.
From here, the following actions of the police officer were correct in the application of such a measure of curbing as an administrative detention of Kurochina "to draw up a protocol on the administrative offense and the establishment of his personality."
Task number 3..
Marychev was attracted to administrative responsibility due to the fact that scooped scrap of non-ferrous metals in order to further resale. He was not registered as an individual entrepreneur and did not have a license for this type of activity. In the complaint about the decision to attract him to the responsibility of Marychev, he indicated that he did not engage in entrepreneurial activities, but only once he made the purchase of non-ferrous metals. The judge abolished the decision to attract Marychev to administrative responsibility on the grounds that entrepreneurial activity implies profit, as well as systematically, which should be expressed in the form of repeating full cycles of trade turnover from buying before selling goods. Give legal qualifications of the case.
According to Art. 2 CC of RF entrepreneurial activity - "This independent, activities carried out to the systematic profit from the use of property, selling goods, performing works or providing services to persons registered in this quality in the prescribed manner."
In definition, such a sign of entrepreneurial activity is really indicated as "systematic profit." In case the court was ...
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Short description
Task: DPS Inspector The traffic police knocked the car that Vicin managed. The driver came out to meet the traffic police officer and demonstratively made a few sips from a bottle with vodka, told at the same time that he decided to rest and continue to go. Rykov demanded from the driver to remove the front government number. However, Vicin closed in the car and did not react to the requirements. Having arrived at duty outfit DPS opened the car and delivered Vicin to the duty of the Games, where he was placed in a room for detainees in administrative order. The next morning, Vicin was released home and warned, which should appear tomorrow to 10 o'clock to the head of the traffic police for the proceedings of his case. Since Vicin did not appear to the appointed time, he was subjected to a drive.
Nested files: 1 file
1. Grounds of administrative responsibility.
Regulatory grounds for administrative responsibility - system legal normsdefining the grounds and procedure for implementing administrative responsibility.
The actual basis of administrative responsibility is the person of the act containing signs of the composition of the administrative offense.
The procedural foundation of administrative responsibility is to make an authorized entity of the decision (decisions) to bring to administrative responsibility in the prescribed manner.
2. Task: Plot police inspector Ignatiev (Master of Sports in hand-to-hand combat) Returned in the evening with training. Passing near the office under construction, he heard loud shouts, quickly overcame the fence and saw how 4-5 meters from him two guys beatenly beatenly resisted the bloody man. One of the attackers had a knife. Ignatiev exposed the tablet weapon, demanded to stop beating and staying on the spot. One of the guys (as it turned out later, 17-year-old Bogachev) with a knife raised over his head rushed to Ignatiev, but he managed to disarm the criminal in his hand. The second guy (17-year-old Petrov) grabbed a thick metal rod from the ground and also rushed to the district inspector. Ignatiev, ahead, pressed on the trigger. The shot did not follow. The next moment the gun was knocked out from his hand, and the raised metal rod was ready to go down to Ignatiev's head, but he managed to dodge and threw an empty bottle in the attacker. The blow was so strong that Petrov died on the spot from the traumatic brain injury.
The actions of the Ignatiev district inspectors were legitimate according to Part 1 of Art. 37 of the Criminal Code of the Russian Federation "is not a crime of damage to the encroaching person in the state of the necessary defense, that is, in the protection of the personality and rights of the defendant or other persons protected by the law of the interests of society or the state from socially dangerous encroachment, if the limits of the necessary defense were abused. . Each person has the right to defend its rights and legitimate interests, the rights and legitimate interests of another person, society and state from socially dangerous encroachment. The right to the necessary defense flows from the natural, inherent person from the birth of the right to life.
2. Task: The traffic police inspector of the traffic police knocked the car to which Vicin managed. The driver came out to meet the traffic police officer and demonstratively made a few sips from a bottle with vodka, told at the same time that he decided to rest and continue to go. Rykov demanded from the driver to remove the front state number. However, Vicin closed in the car and did not react to the requirements. Having arrived at the duty outline of DPS opened the car and delivered Vicin into the duty of the Games, where he was placed in a room for detainees in administrative order. The next morning, Vicin was released home and warned, which should appear tomorrow to 10 o'clock to the head of the traffic police for the proceedings of his case. Since Vicin did not appear to the appointed time, he was subjected to a drive.
According to Part 3 of Article 12.27 of the Administrative Code of the Russian Federation - non-fulfillment of the requirement of road traffic rules on the prohibition of the driver to use alcoholic beverages, narcotic or psychotropic substances after the road accident, to which it is involved, or after the vehicle has been stopped at the request of the police officer , Prior to the authorized officer of the examination in order to establish a state of intoxication or before adopting an authorized official of the decision on exemption from such examination - entails the deprivation of the right to manage vehicles for a period from one and a half to two years. Under these circumstances, the actions of DPS employees are completely substantiated.