OFFICIAL WARNING AS A MEANS OF PREVENTION OF OFFENSES: EXPERIENCE OF APPLICATION IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS

The foreign experience of crime prevention through the issuance of an official warning by the employees of the internal affairs bodies of the Republic of Belarus is investigated. The authors point out the need to improve the current Russian legislation, in terms of the application by the police of an official warning. The authors analyze the legal grounds, necessity and possibility, as well as the mechanism for the implementation by police officials of such a preventive action as an “official warning”. The article compares the use of an official warning by officials of the internal affairs bodies in the Russian Federation with a similar measure for the prevention of offenses in the Republic of Belarus. Based on the analysis of the current Russian and Belarusian legislation, as well as the law enforcement practice of the internal affairs bodies of these states, the authors note the need to improve the mechanism for the application of an official warning by police officers. In particular, it is proposed to specify the grounds for issuing an official warning, the terms of its validity in time and space, the possibility of early cancellation of its action or appeal. Despite the gradual introduction of this form of preventive action in the Russian Federation, until now the grounds for its use remain within the framework of police discretion. The authors believe that when entering information about the announced official warnings into the Service for ensuring the protection of public order on the basis of the Unified System of Information and Analytical Support for the Activities of the Ministry of Internal Affairs of Russia, citizens should be notified through the portal of public services of the Russian Federation. The authors believe that an official warning as a form of preventive action used by law enforcement agencies must be properly provided by the force of state coercion, both of a criminal and administrative-legal nature.

official warning, antisocial behavior, aggravating circumstances, prevention of offenses, internal affairs bodies, legal responsibility, preventive accounting, conditions for committing offenses, sentencing, forms of preventive action.

Gaydukov A. A., Shcheglov A. I. Official warning as a means of prevention of offenses: experience of application in the Russian Federation and the Republic of Belarus. Business. Education. Law, 2021, no. 4, pp. 274—278. DOI: 10.25683/VOLBI.2021.57.473.