DOI: 10.25136/2409-7810.2019.2.29521

Abstract: Crimes connected with evidence tampering in civil and arbitration proceedings are not only widespread, but also highly latent. Judicial practice needs a system of scientifically grounded recommendations which could improve combating these criminal acts. The research subject is the detection, investigation and solution of crimes connected with evidence tampering in civil and arbitration proceedings. In this context, the purpose of this article is to define the key criteria of creating a system of criminalistic recommendations aimed at raising the effectiveness of the above mentioned areas of activity of law enforcement bodies officers. The authors use the general method of the reality cognition, and the system, formal-logical and sociological methods, analysis, synthesis, modeling and abstraction. Based on the analysis of judicial practice, the authors conclude that the criminalistic approach to the essence of the notion of evidence tampering (article 303 of the Criminal Code of the Russian Federation) doesn’t conform with the aims and tasks of criminalistic studies. To be used for creating the appropriate criminalistic technique, this notion should be wider and should include several types of accompanying crimes: 1) against justice, 2) economic and corruption crimes, 3) crimes involving violence against the trial participants, 4) other crimes. Criminologically important peculiarities of the accompanying crimes should also be taken into account, such as the specificity of the situation, subjects and their goals, the typical lucrative impulse, etc. The authors formulate the criminologically significant definition of a group of crimes if this type and substantiate the reason for forming a specific criminalistic technique of investigating crimes connected with evidence tampering in civil and arbitration proceedings.

DOI: 10.7256/2454-0692.2019.2.29638

Abstract: One of the reasons why struggle against corruption hasn’t been effective enough, is the absence of proactive measures taken by field agents when detecting and investigating the facts of bribe taking and bribery mediation. The research subject of the article is the essence and the content of a proactive legendized sting operation. The aim of the research is to analyze law-enforcement practice in the above mentioned direction, and to determine the potential of such operations in accordance with the current Russian legislation and without the involvement of acts of provocation or incitement. The research methodology includes general scientific methods and special research methods, including those of the forensic science. Based on the analysis, the authors detect the problem of contingent passivity of field agents and investigators and non-use of the proactivity principle in detecting and investigating bribery and other corruption-related crimes. The authors find out that the traditional approach to conducting a sting operation during the investigation of cases related to this category is not effective, and the legislator and judicial practice do not set exact criteria for the conduction of intelligence operations without the involvement of illegal acts of provocation or incitement. Based on the analysis of intelligence operations and investigative activities, the authors formulate the model of a proactive legendized sting operation and the rules, prohibiting the violation of laws, and claim that the proposed approach can significantly raise the effectiveness of struggle against corruption.