DOI: 10.7256/2454-0692.2017.2.22209

Abstract: The authors study one of the topical issues in the sphere of crimes prevention in cadastral activities – determination of criminological determinants of latency. Based on the results of a representative criminological study, the authors reveal the peculiarities, determining latent crimes in the sphere of cadastral activities. The authors analyze the contemporary state and the dynamics of crimes in the sphere under consideration, and focus on judicial practice; characterize the revealed determinants of latency of the considered compositions of crimes, and reveal the possible causes and factors of their formation; study the subject of crimes and the victimologic aspect. The methodological base of the research includes general theoretical and specific research methods of cognition, including criminological observation (statistical observation); interviewing and questioning of the officials of law enforcement agencies, specializing in investigation of crimes in the sphere of economic activities; study of the latest works on criminal law and criminology, the current legislation, and judicial practice; induction and deduction; statistical methods (collection and classification, detection of common features, statistical analysis). The importance of studying crime latency in the sphere of cadastral activities is actualized by the necessity to raise the effectiveness of application of criminal law and the prestige of law-enforcement agencies, which, everything else being equal, are negatively related to the latent crime rate, since at the high level of unrevealed and undetected, and, consequently, unpunished, crimes, many may want to satisfy their needs by committing a crime. The present work is the first and the only existing study of crime latency determinants in the sphere of cadastral activities. Its theoretical importance consists in the fact that its results can serve as a basis for the development of criminal-legal and criminological methods of crimes prevention in this sphere, and the development of proposals about the improvement of criminal legislation. The practical importance consists in the possibility to apply the achieved results for the purpose of prevention of crimes in cadastral sphere. 

DOI: 10.7256/2454-0692.2017.2.22290

Abstract: The author studies disputable aspects of consideration of firearms as an object of ballistics examination, and of formulation and settlement of current problems of such an examination. The author gives special attention to the use of the term “object looking like”, which doesn’t contain the actual title of an examined gun. The author agrees with the opinion that the questions to a forensic expert must be formulated correctly, and must point at the necessity to use special knowledge. There’s no such a necessity when firearms are examined. The author applies general scientific (comparison, analysis, generalization) and specific research methods (formal-dogmatic, comparative-legal, etc.). These methods help analyze investigation and expert practice and the current legislation, and formulate substantiated conclusions. The author agrees with the scholars’ opinion about the necessity to amend the Federal Law “On firearms” with a list of factory-made hand firearms. The author offers amending the clause 6, part 3, article 57 of the Criminal Procedural Code of the Russian Federation with the right of an expert not to answer the questions, which don’t require special knowledge. 

DOI: 10.7256/2454-0692.2017.2.22109

Abstract: The research subject is legal regulations, judicial practice materials, and activities of public officials, aimed at collection, fixation, and procedural consolidation of evidences for cases of administrative offences, committed via the Internet. The research object is social relations, arising during judicial proceedings on cases of administrative offences, committed via the Internet. Special attention is given to the issues of determination of a person and a place of an administrative offence, committed via the Internet, and the problem of collection and fixation of evidences for such offences. The research methodology is based on the set of general scientific and special research methods of cognition (empirical, analytical, and system methods, analysis, synthesis, etc.). The scientific novelty consists in the fact that the author offers practical recommendations for the determination of an offender and a site of the offence. The author concludes that the fixation of evidence, taken from the Internet, can be performed both in a form of a protocol, and in the form of an act, and demonstrates the sample of a protocol (act) of examination of a web page.

DOI: 10.7256/2454-0692.2017.2.20923

Abstract: The research subject is the English language as a means of professional communication. The author considers the problem of misunderstanding between Russian police officers and the representatives of other cultures, caused by the lack of language proficiency and second-language skills, primarily, the English language, since it has undoubtedly become the language of international communication. The author substantiates the role of the foreign language for police officers training. One of the key tasks of educational institutions within the Ministry of Internal Affairs is the training of professional and dutiful police officers, able to work up to world standards. Forming the linguistic culture by means of studying foreign languages, the police officers gain professional communication experience. The author emphasizes the fact that language proficiency, communication skills, and successful communication, are those success factors, which can have a positive impact on professional activities of police officers, and the foreign language will not be an obstacle, but a key to mutual understanding. The research method is the unified cognitive methodological approach, which includes the methods of logical analysis, conceptual analysis, person-activity approach, communicational approach, and culturological approach, which reveals the unity of axiological and person-activity aspects. The research novelty is determined by the tasks and the very object of the research. The cognitive approaches are linked with the functional and pragmatic approach, which defines the purpose of the language through its application, the purposes and the situation of communication, i.e. the extralinguistic factors. Since a language is a part of humanities knowledge, studying a foreign language can promote understanding of another instrument of cognition of the reality, and demonstrate the humanitarian culture with other esthetic criteria, thereby increasing the professional level of students. 

DOI: 10.7256/2454-0692.2017.2.21806

Abstract: The article considers the problems of linking death or bodily injuries of a public law-enforcement officer with official duties performance. The author analyzes the legislation and the judicial practice, gives attention to disputable aspects of differentiation of a legal status of persons, suffering from such damage in the result of implementation of important functions of law-enforcement agencies, and persons, harmed in the process of performance of other duties. The author formulates recommendations, aimed at the development of the system of insurance and other guarantees in this sphere. The research methodology is based on the dialectical method of scientific cognition, general scientific methods (analysis, synthesis, deduction, induction, analogy) and specific research methods (system-analytical, complex, formal-legal, etc.). The author suggests finding out, whether the damage was caused by the actions of other persons or the actions (or negligence) of the damaged person himself/herself, to define the link between death or bodily injuries of a public officer with the performance of his/her official duties. The author substantiates the necessity to transfer the task of determination of causal link from military physician boards to permanent payment commissions.