Enforcement of rights and legal interests of people when their applications and reports are handled by a police commissioner: regional aspect
Enforcement of rights, freedoms and legal interests of citizens is of primary importance when their applications and reports are handled in the internal affairs bodies. In-house control over legality and reasonableness of proceeding decisions based on the reported offences inspection results is of high priority. Sometimes the officials of prosecution agencies annul the order to dismiss criminal complaints in case of a citizen's disagreement with a delivered judgement even when the whole set of necessary actions has been completed, a scope of witnesses and eyewitnesses has been defined and the circumstances of a crime have been established. This happens when the reported crimes cover infliction of bodily harm and are handled by the police commissioners. Repeated dismissals have a negative influence as they distract the staff from performing their direct duties connected with prevention, suppression and detection of crimes. However, the tragedy in the family of Belov 04.08.2015 in Nizhniy Novgorod stipulated the need to revise the theory and practice of legislature, regulating the given sphere of public relations. On the one hand, the procedure for consideration of applications by the police commissioners should be changed and they should organize an individual preventive work with those having mental problems. On the other hand, it is necessary to correct a mechanism for coordinating the materials for instituting proceedings by private persons with the prosecution bodies. Firstly, a police commissioner together with investigators and prosecutors should consider the issue of instituting a criminal case of domestic violence if there are any doubts concerning the possibility of a person to apply to court because of his helpless state. Secondly, a police commissioner should inform a district prosecutor, the bodies of trusteeship and guardianship and juvenile affairs commissions about a negative situation in the applicants' families. Realization of the above measures can have a positive influence on the quality of work connected with an impartial and due consideration of citizens' applications and will assist a deeper examination of the circumstances of illegal acts including domestic violence.
Keywords
заявления граждан, правовые преимущества, беспомощное состояние, applications of citizens, legal advantages, helpless stateAuthors
| Name | Organization | |
| Repiev Artem G. | Barnaul law Institute of MIA of Russia | repev-artem@yandex.ru |
References
Enforcement of rights and legal interests of people when their applications and reports are handled by a police commissioner: regional aspect | Tomsk State University Journal of Law. 2016. № 2(20).