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Formation of the Legal Culture of a Polygraph Examiner in the Process of Professional Training

Sadekov Rustem Rafekovich

ORCID: 0000-0002-2739-5490

PhD in Pedagogy

Deputy Head of the Department of Psychological-Pedagogical and Medical Support of the Department of Internal Affairs Activities at the Russian Institute of Officials Training and Education

142007, Russia, Moscow Region, Domodedovo, Fir street, 3

vipk10kafedra@yandex.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0692.2023.2.39764

EDN:

VEEWKW

Received:

09-02-2023


Published:

04-05-2023


Abstract: The author in the article examines in detail such aspects as the current state of actual pedagogical issues of acquisition by polygraph specialists in the process of professional training of comprehensive knowledge that allows them to understand the nuances of conducting special psychophysiological studies using polygraph devices. The importance of high-quality training of this category of specialists is considered, due to the fact that the nature of the tasks they solve is specific and is associated with ensuring the security of state structures, decision-making within the framework of screening studies and criminal proceedings. The pedagogical aspects of obtaining high-quality education by polygraph examiners, the formation of important professional competencies, legal culture, and the ability to make decisions within the framework of their official activities in departmental educational organizations of the law enforcement unit are of the utmost importance. The main contribution of the author to the study of the topic is that the purpose of the study was formulated, which was to study the peculiarities of the formation of the legal culture of polygraph examiners in the learning process. The object of the study was the readiness of polygraph examiners to perform their official duties in accordance with the established procedure. In the course of the study, the possibility of performing official duties by this category of specialists in professional activities within the framework of regulatory legal support, in compliance with the legislation of the Russian Federation in this area was analyzed, which in turn is also a purposeful pedagogical interaction, which certainly ensures the comprehensive development of polygraph specialists.


Keywords:

training, professional training, polygraph, right, culture, education, system, knowledge, specialist, researches

This article is automatically translated. You can find original text of the article here.

IntroductionSpeaking about the history of the formation and development of the modern state, we note the importance of the fulfillment and observance by all legal entities and individuals, without exception, of the most important principles on which the legal model of the state structure is based.

From birth to the sunset of their existence, all people go through their life path, receive the primary basics of education, and later in the process of education acquire certain competencies, which are further implemented by them in their chosen professional work. Without dwelling in detail on the specific kind and type of professions, we would like to note that in any case, it is important that a specific person stands behind all this, with a set of personal attitudes, a level of morality, social responsibility, tolerance and certainly law-abiding.

Without exception, all participants in legal relations with the state are involved in the dynamic process of public administration, and it, in turn, acts as the initiator and regulator of the process of managing citizens. The state manages its structures, regulates the mechanisms of activity of both state bodies and business structures through fairly common methods, such as granting certain rights, assigning responsibilities, prohibitions, permits, incentives, requirements, restrictions, etc. The state is interested in ensuring that citizens clearly fulfill their prescribed regulatory legal requirements. They were law-abiding taxpayers, created in their field of activity and at the same time were as open and extremely honest as possible, "clean" before the law.

However, in practice, things are often not as good as we would like. There are a number of problems associated with people who, by their action or inaction, have allowed the formation of circumstances falling under the so-called risk factors that prevent them from entering, for example, service in the internal affairs bodies of the Russian Federation, which require the intervention of professionals [1]. In particular, we are talking about the resolution of strategic issues in the field of conducting special psychophysiological studies with the use of polygraph devices in relation to the persons being checked. Considering the key issue of the formation of the legal culture of polygraph examiners who, within the framework of criminal proceedings or within the framework of personnel screening, carry out serious work to identify and prevent persons who have violated or are violating the law from entering state bodies or commercial organizations, it is important to note that these specialists should be highly qualified professionals whose competence is beyond doubt.

The purpose of the study is to study the peculiarities of the formation of the legal culture of polygraph specialists who carry out special psychophysiological studies using a polygraph.

The object of the study is the readiness of polygraph examiners to perform their duties within the framework of the current legislation.

The subject of the research is the scientific and methodological support of pedagogical conditions for the formation of legal culture of polygraph examiners in the process of professional training.

The hypothesis of the study. The ability to perform official duties in professional activity within the legal framework, in compliance with constitutional norms, is a purposeful pedagogical interaction that ensures the comprehensive development of specialists in this field.

Materials and methods. The work is based on the analysis of theoretical propositions and literary sources on this problem. The key pedagogical conditions for the formation of professional skills of polygraph examiners have been developed within the framework of the current legislation of the Russian Federation.

The main results of the study. Polygraph examiners provide professional and psychological selection of citizens to serve in the country's law enforcement agencies, as well as perform official tasks within the framework of criminal proceedings.

An important aspect is the formation of their legal competencies for further work.The basis of the qualities of polygraph examiners are moral characteristics, composure, diligence and legal literacy. Vocational training should lay the foundation for important characteristics, knowledge, skills and abilities that will allow him to do his job, while not violating the constitutional rights of the examined persons. A clear pedagogical algorithm acts as a regulating factor in the formation of the legal culture of polygraph specialists.

During the training of polygraph examiners, during the implementation of the educational program, as a rule, a large amount of training time is devoted to the study of the most important components of future professional activity. Every discipline, be it psychology, anatomy, physiology, technical sciences, legal training, etc., form a real professional who is able to find ways to solve complex problems in any situation. Noting the peculiarities of legal culture in our context, K.S. Abdilov believes that legal culture, being a kind of general culture, includes material and spiritual culture, which in turn refers to legal reality [2]. We take this important postulate as the basis for training polygraph examiners.

As previously noted, today strategic importance is attached to improving the effectiveness of scientific, pedagogical and educational activities in the field of training of all categories of law enforcement officers and civil servants without exception [3].

As you know, polygraph examiners, in the course of their painstaking work, ensure the implementation of all organizational and legal procedures provided for by legislation, at the beginning of which there is a dominant principle of conducting polygraph research only after receiving voluntary written consent from the person being examined. The generally accepted rule is always the fact that the employer is obliged to obtain the written consent of the person being examined before the examination [8]. In this connection, we note that a polygraph examiner should always remember and be guided by the fact that the legal culture is expressed in respect for the law, the law and a conscious understanding of both social and legal responsibility [4].

It should be noted that the observance of the rights and freedoms of a citizen being checked by a polygraph examiner is the dominant factor, and also, as Kamshukov A.V. notes in his work, one should also take into account the fact that, of course, the very procedure of questioning using a polygraph is stressful in nature, and causes serious neuropsychiatric stress in the subjects[5].

Professional training of polygraph examiners on the example of my work at the Department of Psychological, Pedagogical and Medical support of the activities of the internal Affairs bodies of the VIPK of the Ministry of Internal Affairs of Russia is widely involved in the organization and conduct of all types of training sessions by practice teachers with extensive professional and scientific and pedagogical experience, which, including, within the framework of the formation of legal culture, is instilled in the training of polygraph examiners elements of professionalism. I would like to emphasize that modern law enforcement officers of the Russian Federation are definitely trained at a high level today in all areas of activity, which proves the decent quality of education in our country [6].

As is known, the result of the effective work of a polygraph examiner is a prepared conclusion on the circumstances under investigation, and speaking of evidence, it is important to note here, as Saimanova V.F. explains in her work, that they are recognized as permissible if they meet the requirements of the procedural form, the source of fixation, conditions, methods of obtaining data of significant importance in the case [7].

In our work, we are entirely guided by those postulates where the foundations of professional and legal culture are that a polygraph examiner should have a high degree of ownership of the law in practical official activities for conducting special psychophysiological studies using a polygraph.

The authors of the study conducted by Arefieva O.V. and Gaydamashko I. V. examined the question that the conclusions of polygraph examiners are taken into account by the investigative authorities in the form of orienting information, sometimes radically changing the direction of the investigation, and the court expert opinion can act as one of the types of evidence provided for in Article 74 of the Criminal Procedure Code of the Russian Federation. It should be noted that thanks to the research using a polygraph during the investigation of criminal cases, it is often possible to avoid wasting human and material resources of law enforcement agencies, as well as criminal liability of innocent suspects [9]. In other words, a comprehensive dynamic approach to the acquisition by polygraph examiners of the necessary competencies, including the basics of legal culture, is an essential element of the state educational policy in the field of law enforcement agencies of the Russian Federation.

In the conditions of the development of our society at the present stage, one of the most important issues to be discussed when hiring candidates, making a decision on the movement of human resources inside and outside law enforcement agencies, is connected, as Yudin R.V. notes in his work, the presence of anti-corruption education in the examined person, which is understood as purposeful activity for the formation and development anti-corruption legal awareness of the individual, its orientation to socially useful anti-corruption behavior and its preparation for anti-corruption activities [10].

ConclusionAs part of the development of a democratic rule of law state, where trained professional personnel in their daily activities need to solve problems related to law enforcement, training of highly qualified personnel, the introduction of strategic knowledge-intensive technologies into education, medicine, economics, defense, etc., we once again note the importance of having polygraph examiners formed the foundations of legal culture.

The key aspect was and remains that the main task in personnel work in the system of state law enforcement agencies in the course of psychophysiological studies carried out with the aim of moving employees through the service is to obtain information on risk factors [11].

Once again, we note that a trained specialist should understand all these subtleties and nuances, have a sufficient set of competencies necessary for the organization and conduct of this multi-level, complex and painstaking work. In this connection, there is a pedagogical task to train such a specialist in all important areas of activity, who could in the shortest possible time, using all his knowledge and skills, quickly understand the goals and tasks set before him, understand them and solve these issues as effectively as possible, using all his intellectual and practical experience, apply all important knowledge in this area [12].

References
1. Resolution of the Government of the Russian Federation No. 1259 of December 6, 2012 "On Approval of the Rules of professional psychological selection for service in the Internal Affairs bodies of the Russian Federation". Electronic resource https://base .garant.ru/70276070//
2. Abdilov K.S. General characteristics of legal culture // Innovative science. 2020. No.4. URL: https://cyberleninka.ru/article/n/obschaya-harakteristika-pravovoy-kultury (accessed: 05.02.2023).
3. Sadekov R.R., Senatorova O. Yu. Professional development of law enforcement officers of Russia in the system of additional professional education as an effective pedagogical tool for the formation of competencies // Bulletin of Eurasian Science. 2014. No.2 (21). URL: https://cyberleninka.ru/article/n/povyshenie-kvalifikatsii-sotrudnikov-pravoohranitelnyh-organov-rossii-v-sisteme-dopolnitelnogo-professionalnogo-obrazovaniya-kak (accessed: 05.02.2023).
4. Smirnova N.N., Legal culture of a teacher // Innovative science. 2019. No.9. URL: https://cyberleninka.ru/article/n/pravovaya-kultura-pedagoga (date of application: 05.02.2023).
5. Kamshukov A.V. Refusal to participate in the polygraph survey procedure and socio-psychological characteristics of the subject // Penza Psychological Bulletin. 2019. No. 1. URL: https://cyberleninka.ru/article/n/otkaz-ot-uchastiya-v-protsedure-oprosa-na-poligrafe-i-sotsialnopsihologicheskie-harakteristiki-subekta (accessed: 05.02.2023).
6. Sadekov R. R. EFFECTIVE MODERN RUSSIAN AND FOREIGN TECHNOLOGIES IN THE FIELD OF IMPLEMENTATION OF PROGRAMS OF ADDITIONAL PROFESSIONAL EDUCATION // Scientific interdisciplinary research. 2020. No.2-2. URL: https://cyberleninka.ru/article/n/effektivnye-sovremennye-rossiyskie-i-zarubezhnye-tehnologii-v-sfere-realizatsii-programm-dopolnitelnogo-professionalnogo (accessed: 05.02.2023).
7. Saimanova V. F. The possibility of using the results of psychophysical studies obtained with the help of a polygraph in the system of evidence in criminal cases at the present stage // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2015. No.1 (29). URL: https://cyberleninka.ru/article/n/vozmozhnost-ispolzovaniya-rezultatov-psihofizicheskih-issledovaniy-poluchennyh-s-pomoschyu-poligrafa-v-sisteme-dokazatelstv-po (accessed: 05.02.2023).
8. Badretdinova A. R. Methods of personnel evaluation during recruitment, from the point of view of Russian legislation // International Journal of Humanities and Natural Sciences. 2019. No.2-2. URL: https://cyberleninka.ru/article/n/metody-otsenki-personala-pri-podbore-s-tochki-zreniya-rossiyskogo-zakonodatelstva (accessed: 05.02.2023).
9. Arefyeva O. V., Gaydamashko I. V. GROUNDS FOR PSYCHOPHYSIOLOGICAL STUDIES OF CANDIDATES FOR SERVICE IN THE INTERNAL AFFAIRS BODIES USING A POLYGRAPH // Psychopedagogy in law enforcement agencies. 2022. No.4 (91). URL: https://cyberleninka.ru/article/n/osnovaniya-dlya-psihofiziologicheskih-issledovaniy-kandidatov-na-sluzhbu-v-organy-vnutrennih-del-s-primeneniem-poligrafa (accessed: 05.02.2023).
10. Yudin R. V. Personnel anti-corruption technologies and features of their application in the field of public procurement for defense needs // Skif. 2016. No. 3. URL: https://cyberleninka.ru/article/n/kadrovye-antikorruptsionnye-tehnologii-i-osobennosti-ih-primeneniya-v-sfere-gosudarstvennyh-zakupok-dlya-nuzhd-oborony (accessed: 05.02.2023).
11. Bogaevsky V. A., Pechenkova E. A. Psychophysiological research as one of the methods of studying the personality of an employee for enrollment in the personnel reserve // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2017. No.5. URL: https://cyberleninka.ru/article/n/psihofiziologicheskoe-issledovanie-kak-odin-iz-metodov-izucheniya-lichnosti-sotrudnika-dlya-zachisleniya-v-kadrovyy-rezerv (accessed: 05.02.2023).
12. Sadekov R. R., Senatorova O. Yu., Klochko Yu. V. FEATURES OF TRAINING POLYGRAPH SPECIALISTS IN THE EFFECTIVE USE OF PSYCHOLOGICAL TECHNOLOGIES IN THE PROCESS OF PRE-TEST CONVERSATION IN THE PROCESS OF INSTRUMENTAL LIE DETECTION // Policing. 2022. No.5. URL: https://cyberleninka.ru/article/n/osobennosti-obucheniya-spetsialistov-poligrafologov-effektivnomu-ispolzovaniyu-psihologicheskih-tehnologiy-v-protsesse-predtestovoy (accessed: 05.02.2023)

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The work "Formation of the legal culture of a polygraph examiner in the process of professional training" is presented for review. The subject of the study. The subject of the study is indicated in the work. The author noted that the subject is the scientific and methodological provision of pedagogical conditions for the formation of the legal culture of polygraph examiners in the process of professional training. The content of the article allowed us to consider the subject, find a sound scientific solution and confirm the selected hypothesis. Research methodology. The study was based on the hypothesis that the ability to perform official duties in professional activities within the legal framework, in compliance with constitutional norms, is a purposeful pedagogical interaction that ensures the comprehensive development of specialists in this field. The research methods are the analysis of theoretical propositions and literary sources on this problem. The analysis made it possible to obtain theoretical positions. The relevance of the study is beyond doubt. The author substantiates the relevance both from the standpoint of the scarcity of theoretical research and from the standpoint of practice.. The scientific novelty in the work is not indicated. The author notes the relevance of the pedagogical task of training a specialist in all important areas of activity, who could in the shortest possible time, using all his knowledge and skills, quickly understand the goals and objectives set for him, figure them out and solve these issues as effectively as possible, using all his intellectual and practical experience, apply all important knowledge in this field areas. The advantage of the work could be a detailed description of how this should be done. Style, structure, content. The style of presentation corresponds to publications of this level. The language of the work is scientific. The structure of the work is clearly visible. The introduction presents the purpose, object, subject and hypothesis of the study. The section "Materials and methods" contains a brief description. Special attention is paid to the description of the main results of the study. In conclusion, brief generalizing conclusions are presented. Bibliography. The bibliography of the article includes 12 domestic sources, most of which have been published in the last three years. The list includes research articles, regulatory materials and online sources. The sources of information are mostly not designed correctly, not in accordance with the requirements. It is possible to identify certain inaccuracies that need to be improved. Appeal to opponents. Given the set goals and objectives, it is important to train a trained specialist who is able to solve a wide range of tasks. The importance of the work would be given by the author to suggest specific steps (program, directions, etc.), how this goal can be achieved. Conclusions. The problems of the article are of undoubted relevance, theoretical and practical value, and will be of interest to researchers. The work can be recommended for publication after completion.