On the Issue of Legal Regulation and the Powers of Law Enforcement Agencies During the Identification Procedure
( Pp. 28-33)

More about authors
Fedina Lyubov Mikhailovna Cand.Sci.(Law), Lecturer, Department of Special Technical Training, Author ID: 8223-2827
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
An attempt to analyze and legally evaluate one of the measures of state coercion used by law enforcement agencies was made in this article. Verification of identity documents and subsequent identification is necessary not only to prevent a person from committing unlawful acts, the manifestation of an imperious volitional influence of law enforcement agencies that supports the authority of state structures, but is also justified from a procedural point of view, for the technical procedure for preparing documents, in connection with the committed offense. The purpose of the study is not only legal analysis, but also the identification of gaps in lawful regulation, as well as consideration of possible ways to resolve them. In addition, it seems impossible to study one of the measures of administrative support, in the absence of a legal assessment of the sources of lawful regulation in this area. Conclusions. The author highlights several features and characterizing elements of administrative legislation. At the same time, special attention is paid to the measures of state coercion from the point of view of the mechanisms of influence on the consciousness and will of people. Also, the problem of the lack of a legal mechanism for influencing the subject of unlawful behavior in case of failure to provide or providing deliberately false information about one's personality has been identified.
How to Cite:
Fedina L.M., (2022), ON THE ISSUE OF LEGAL REGULATION AND THE POWERS OF LAW ENFORCEMENT AGENCIES DURING THE IDENTIFICATION PROCEDURE. Gaps in Russian Legislation, 4 => 28-33.
Reference list:
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Alekhin A.P., Kozlov Yu.M. Administrative law of the Russian Federation. M., 1994. Part 1. S. 218;
Bahrakh D.N., Tataryan V.G. Administrative law of Russia. M., 2009. S. 440-444.
Migachev, Yu. I. Administrative law of the Russian Federation: a textbook for academic undergraduate studies / Yu. I. Migachev, L. L. Popov, S. V. Tikhomirov; edited by L. L. Popov. - 5th ed., revised. and additional - Moscow: Yurayt Publishing House, 2019. - 456 p.
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Keywords:
administrative law, security measures, state coercion, verification of documents, identification, administrative responsibility.


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