Police activity - rubric The police and criminal procedure

Abstract: The object of the study is crimes against road safety and the operation of transport, as well as the activities of the subject of the investigation aimed at fully establishing all the circumstances of a traffic crime. The subject of the study is the regularities of the situation and mechanism of this group of crimes and the regularities of the investigator's activities to establish them during the investigation. When forming conclusions, the author was guided by the analysis of the norms of the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, other laws regulating the investigation of this group of crimes, the theoretical foundations of criminalistics, materials of investigative and judicial practice, in addition, he used the results of a survey of 137 full-time employees of investigative bodies in the Krasnodar Territory who have practical experience in investigating crimes against road safety and operation transport. The author examines in detail the specifics of the investigator's establishment of the situation and mechanism of a traffic crime, with special attention paid to the issues of detecting and obtaining information about the incident recorded by technical means of objective control. The authors note that when investigating a crime against road safety and the operation of transport, a competent study by the investigator of the situation and the mechanism of the crime is a key component of his cognitive and certifying activities to establish the truth in a criminal case. The conducted research made it possible to identify certain shortcomings allowed during the detection, removal and fixation of traces, during the inspection of the road network, at the scene of the incident, the author also notes the low level of use of information technologies by investigators when establishing the mechanism of a traffic crime. The authors suggest ways to eliminate these shortcomings: in order to obtain objective data about the various circumstances of the accident, it is necessary to use more actively the information recorded by the technical means of objective control, to implement in investigative activities a program for computer modeling of the mechanism of an accident.

Keywords: video recorder, investigative action, hardware and software complex, modeling, trace pattern, crime environment, road network, crime mechanism, traffic crime, information technology

DOI: 10.7256/2454-0692.2021.6.36742

Abstract: One of the strategic guidelines for sustainable socio-economic development is the creation of favorable conditions for small and medium entrepreneurship. According to article 6 of the Federal Law “On the development of small and medium entrepreneurship in Russia” of July 24, 2007 #209, government policy in this sphere is a part of socio-economic policy, and includes political, economic, social, informational, legal, organizational, educational and other activities performed by Russia’s public and local authorities. The research subject is the mechanism of fraud connected with subsidy payments in the sphere of small and medium entrepreneurship, and the patterns of organizational and methodological support of the work of law enforcement agencies aimed at the detection, investigation and solution of such crimes. According to the above-mentioned law, the implementation of regional programs with financial support from the federal centre is meant to facilitate the achievement of these goals, since small and medium entrepreneurship has a prominent regional aspect, and is a strategic resource of spatial development. At the same time, in the last few years, the facts of illegal receipt of budgetary funds by business entities in the form of federal, regional and local subsidies have been registered more and more often. Law enforcement agencies failed to effectively detect and investigate these crimes, which can be explained by the lack of methodological support of their work and modern tools based on information technologies. The scientific novelty of the research is determined by its tasks, and consists in the substantiation of conclusions about the organic interrelation of the organization and methodology of investigation fraud-related crimes in the sphere of small and medium entrepreneurship, and the development of ways of their improvement.

Keywords: payment, subsidy, criminal, crime, investigator, investigation, fraud, cheater, business, businessman

DOI: 10.7256/2454-0692.2022.5.36696

Abstract: The search is one of the main investigative actions of the proof process. This is an investigative action aimed at compensating for the harm caused by the crime. The search is carried out forcibly and manifests itself in the examination of premises, terrain, transport and various persons. The purpose of this investigative action is the detection and seizure of objects, as well as people and corpses that are important for the investigation process. In order to conduct a search, it is necessary to have sufficient data on the possible presence in any place or person of objects related to the event of the crime or related to the investigation. The lawful conduct of this investigative action is impossible without respect for constitutional human rights. But the study of forensic investigative practice shows that the investigative action in question does not receive sufficient attention in the investigation process and does not achieve the desired result. This is explained not only by the complexity of its implementation, but also by insufficient ideas of investigators about its importance, capabilities and procedure of production, which inevitably leads to formalism, passivity, unwillingness to use forensic recommendations and psychological techniques of search. This is partly due to the vagueness of legal regulations, as well as the lack of regulation of some important issues in the law. Thus, it is extremely important to consider problematic issues related to its preparation and conduct. The article reveals the significance of the stage of preparation for the search during the investigation, as well as the main measures aimed at its successful production.

Keywords: search, investigation, investigator, crime, criminal, policeman, consequence, police, Ministry of Internal Affairs, criminal case

DOI: 10.7256/2454-0692.2023.2.40118

Abstract: The subject of this study is the specifics of the investigation of crimes in which the victim was a minor. Taking into account the provisions of Russian legislation, political and legal documents, according to which children are the most important priority of state policy, in their study the authors tried to reveal the importance of a qualitative approach in the investigation of crimes in which the victims are representatives of one of the most vulnerable categories of the population in our state. Special attention is paid to the age and, as a consequence, the psychophysical and personal characteristics of minors as determinants of the latter's insecurity. At the same time, the features of modern post-industrial society characterized by the spread of the Internet space to the daily activities of minors have guided researchers in developing recommendations for preliminary investigation bodies related to the search, receipt and use of information distributed through the Internet network during the investigation. The main conclusions of the study are that the methodology of investigating crimes committed against minors is significantly different from other private methods of investigation by the elements of crimes, since its creation is based on the characteristics of the object of criminal encroachment. At the same time, age is a defining feature. In turn, the specifics of the methodological recommendations should proceed from the level of development of the information society, which makes it possible to use the features of digital relationships in the investigation of crimes, the victims of which are minors. The contribution of the authors to the study of the topic is not only the preparation of practice-oriented recommendations for investigators and inquirers (for example, on issues subject to mandatory clarification during the investigation, the need to study the identity of the injured minor through the analysis of publicly available information), but also the nomination of some proposals to improve the activities of prevention agencies and the measures they take (in particular, to identify minors who have a tendency to suicidal behavior through the joint development of monitoring programs for the activity of minors in the Internet space).

Keywords: suicidal behavior, social institutions, preliminary investigation bodies, personality of a minor, prevention, post-industrial society, psychological contact, methods of investigation, crimes, minors

DOI: 10.7256/2454-0692.2018.2.26704

Abstract: The article is devoted to particular issues associated with the detention of the suspect. The object of the research is the law enforcement practice of the bodies of preliminary investigation and detention. The subject of the research is the provisions of Russia's and the Commonwealth of Independent Countries' states (Armenia's, the Azerbaijani Republic's, the Republic of Tajikistan's, Kyrgyz Republic's, the Republic of Moldova's) laws that give a definition and describe the nature of detention, the time of actual detention, calculation of the time of actual detention, and scientifically grounded positions of procedure law scientists on the matter. In her research Alontseva has used general and special research methods, in particular, structured systems analysis, comparison, generalisation, and logical law analysis. Based on the results of the research, the author suggests to make amendments to Articles 5 and 92 of the Criminal Procedure Code of the Russian Federation that set forth the period of detention and clarify the definition of the time of actual detention. The author comes to the conclusion that some aspects of the legal regulation of procedural issues of detention pursuant to criminal procedure legislation of CIS states can be used as the basis for further research.

Keywords: restriction of freedom, procedural detention, time of actual detention, period of detention, measure of procedural coercion, detention, personal immunity, criminal procedure legislation, capture, the delivery of a

Abstract: the article describes issues of criminal proceedings to be instituted against a person engaged in illegal extraction of precious metals. The present article gives an analysis of the issues of classification of the reviewed cases according to the constituent elements of the offence prescribed by Article 171 of the Penal Code – illegal enterprise. Summarizing the article, the author advises to introduce a regulation into the Penal Code which will assign responsibility for illegal extraction of precious metals.

Keywords: precious metal, enterprise, mineral resources, income, extraction, gold, mining, regulations, qualification, responsibility.

DOI: 10.7256/2454-0692.2018.2.26772

Abstract: The article is devoted to the areas of concern that be faced in the process of commissioning and conduction of contemporary legal enquiries as part of discovering contract killing in the Kyrgyz Republic. The authors of the article describe the main trends and prospects for developing fprensic equipment used to investigate contract killing in the CIS states in general. They demonstrate priority areas for forensic provision of case types including development and modernization of this aspect. In addition, the authors also touch upon expertise in the Kyrgyz Republic and outline the main factors that may create obstacles in the investigation process including investigation of contract killings. Moreover, the authors describe four groups of factors (of both subjective and objective nature) that relate to the implementation of forensic methods and means which use decreases the efficiency of counteracting to the aforesaid crime in the Kyrgyz Republic. Based on the analysis of the problems disccused in this article, the authors give recommendations including those of legal nature, in relation to new regulations of the Criminal Procedure Code of the Kyrgyz Republic (2017). Recommendations given by the authors will allow to solve a whole number of issues faced by expert organisations and bodies of inquiry and preliminary investigation.

Keywords: a crime, personality, contract killings, facilities, methods, expert, expertise, expert service, pre-trial proceedings, investigation

DOI: 10.7256/2454-0692.2023.2.40045

Abstract: The subject of the study is the professional work of the preliminary investigation bodies aimed at finding and forming an evidence base in the investigation of crimes related to drug trafficking. The object of the study is the social relations developing in the field of countering illicit drug trafficking. The statistical method of the study showed that the number of these crimes does not cease to grow. According to the data of the Ministry of Internal Affairs of the Russian Federation, in January 2023, an increase in registered crime was recorded by 1.1%, due to a certain extent to an increase in the registration of facts of the sale of narcotic drugs by 42.2%. Cybercrime rates increased by 14.2%. Drug sales using information and telecommunication technologies were increased by 85.1%. The authors focused on the establishment of circumstances that are subject to verification and evaluation in terms of the admissibility of evidence for a successful investigation of such crimes, studied methods of contactless drug sales, as well as preventive measures aimed at combating drug crime. The conducted research allowed us to come to the conclusion that the fight against illicit trafficking in narcotic drugs and psychotropic substances, regardless of the method of committing a crime (direct or contactless), should be carried out taking into account the entire complex of operational investigative, criminal procedural measures aimed at identifying and exposing drug traffickers by distributing "bookmarks". We will not allow a formal approach to finding and securing evidence for such crimes in order to ensure the effectiveness of criminal prosecution.

Keywords: preventive measures, fight against drug addiction, information and telecommunication network, criminal community, evidence, drug sales, cache, narcotic substances, contactless method, health of minors

DOI: 10.7256/2454-0692.2019.3.30087

Abstract: The author gives special attention to the specificity of a circumstance in proof in criminal cases against minors who committed a socially-dangerous act being mentally disturbed or minors who suffered from mental disturbance after the crime. The author attempts at proving the conclusion about the independency of a circumstance in proof in this category of criminal cases. Besides, the author presents the set of circumstances subject to proving in the proceedings on compulsory measures of medical character. The article describes the term “other circumstances significant for a criminal case” and considers the significance of a special circumstance in proof in proceedings on compulsory measures of medical character. The author uses the dialectical method of cognition and the principles of unity of analysis and synthesis and comprehensiveness. The author formulates the set of circumstances subject to proving in the proceedings on criminal cases against minors suffering from mental disturbances, and states that these circumstances form a special independent circumstance in proof containing circumstances listed in articles 73, 421 and 434 of the Criminal Procedure Code of Russia.

Keywords: other circumstances, proving, criminal process, criminal case, coercive measures, the circumstances, the subject of proof, immutability, minor, mental disorder

DOI: 10.7256/2454-0692.2022.4.37672

Abstract: The article is devoted to the problem of legal definition of the concepts of close relatives, close persons and family members of a citizen. Inconsistencies between the norms of the Constitution of the Russian Federation and the norms of family legislation in relation to the criminal procedural category "close relatives", which ensures the provision of witness immunity in criminal proceedings. It discusses controversial issues about the circle of close relatives who have the right not to testify as witnesses. The essence of this socio-legal status is revealed, the circle of persons forming it is established, the positive and negative sides of the existing definitions and formulations of "close relatives" are considered.The scientific novelty lies, first of all, in the fact that in the presented article the norms of criminal procedure, civil and family law regulating relations of kinship, matrimony, as well as the procedure and problems of their application in criminal proceedings were considered. Paragraph 4 of Article 5 of the Criminal Procedure Code of the Russian Federation refers to spouses as close relatives, but Article 14 of the Family Code of the Russian Federation does not consider them as such. The analysis of family law allows us to conclude that kinship is possible only by "blood" (the exception is the institution of adoption). For this reason, spouses cannot be close relatives and they are in a marital relationship to each other. The proposals on amendments and additions to the Criminal Procedure Code of the Russian Federation are formulated, which will improve the domestic criminal procedure legislation within the framework of developing a unified approach to the content of the definition of "close relatives".

Keywords: family member, spouse, husband, cohabitation, family, family legal relations, witness immunity, presumption of innocence, marriage, close relatives

DOI: 10.7256/2454-0692.2018.1.25619

Abstract: The subject of the research is the inquiry as a form of preliminary investigation. In her research Zyrianova sets a goal to analyze theoretical and organization-practical issues that may arise in the process of comtemporary inquiry. The author focuses on the problems that are related to the activity performed by the head of the inquiry subdivision. Zyrianova describes several groups of problems. The author suggests that aforesaid problems should be solved by making changes and amendments to the criminal procedure laws. To prove her statement, the author provides a general description of the survey of public prosecution and statistical information officers. The author's point of view will be of interest to inquiry subdepartments officers. In her research the author has used such research methods as analysis, generalisation, comparision and statistical methods. The novelty of the research is caused by the fact that the author proves the need to change the timeline for respondign to the message about a crime being committed, the form of the court decision and procedure for confirmation of the final decisions made by the investigation officer. Moreover, the author of the article makes particular recommendations regarding changes that should be made in the the Russian Federation Code of Criminal Procedure.

Keywords: inquiry, control, functions, legality, chief of inquiry, preliminary investigation, pre-investigation, police, powers, the indictment ruling

DOI: 10.7256/2454-0692.2023.2.40541

Abstract: The subject of the study is the implementation of prosecutorial supervision of the procedural activities of the preliminary investigation bodies. The authors consider problematic issues related to the regulation of the timing of approval by the prosecutor and the head of the investigative body of petitions to initiate investigative actions before the court that require a court decision; as well as the need for the participation of the prosecutor, investigator, inquirer when the court considers relevant petitions based on the legal regulation of this issue by the Criminal Procedure Code of the Russian Federation and departmental regulations. Particular attention is paid by the authors to the question of the expediency of returning to the prosecutor the authority to give written instructions to the investigator on the conduct of investigative and other procedural actions. The main conclusions of the study are: the need to fix the deadline for approval by the prosecutor and the head of the investigative body to initiate a petition before the court for investigative actions requiring a court decision, fixing this provision by means of appropriate instructions in the departmental acts of these officials, or by amending Article 165 of the Criminal Procedure Code of the Russian Federation. In addition, the authors note the mandatory participation of the prosecutor and the investigator in the consideration of the relevant petitions by the court, allowing the possibility of performing such a duty through video conferencing. A special contribution is the theoretical and practical justification of the expediency of returning to the prosecutor the right to give written instructions to the investigator on the conduct of investigative and other procedural actions

Keywords: giving instructions, investigator, head of the investigative body, preliminary investigation bodies, court decision, procedural actions, investigative actions, rights and freedoms, criminal proceedings, prosecutor

Abstract: fraud in the sphere of insurance is one of the most topical and serious issues in the present day economics of Russia. The article looks at the notion of the insurance fraud, its character and types, means and methods of its cease. Case studies of some forms of this kind of a fraud in the period since 2009 till 2010 are illustrated in the article.

Keywords: offence, insurance, control, economics, problem, counteraction, policyholder, forms, methods, risk.

Abstract: the work represents a review of the issues related to the fundamentals of investigation procedure and of other actions during the preliminary procedure on a criminal case.

Keywords: criminal procedure, investigation activities, preliminary investigation, means of evidence collection, evidence, inquiry.

DOI: 10.7256/2454-0692.2020.3.33145

Abstract: The article analyzes the provisions of the criminal procedure legislation of the Russian Federation and other legislative acts in the field of criminal process, regulating the pool of participants of investigative activities organized in accordance with the ruling of the court, and the problems of absence of a procedural status of some persons. The author considers the issues of their participation and the procedure of them using their rights. The article reveals the problems of an insufficient regulation of the status of persons participating in such investigative activities as search of dwellings without the inhabitants’ consent at the stage of a criminal case initiation; search of dwelling, and seizure in dwelling at the stage of a pre-trial investigation. The author uses such methods as dialectical, general scientific method, formal-logical, and system-structural. The author substantiates the conclusion that it is not reasonable to extend the list of participants of the criminal process and include into the list all persons involved in investigative activities requiring the ruling of the court. The absence of a particular article for each particular person involved in investigative activities does not mean this person has no right to defend their rights and lawful interests in criminal proceedings. Based on the provisions of the Criminal Procedure Code of the Russian Federation and the resolutions of the Plenum of the Supreme Court of the Russian Federation, the author forms the list of fundamental rights and duties of a person without a status of a participant of criminal proceedings who is involved in investigative activities requiring the ruling of the court. The author suggests specifying a procedural status of a forensic investigator, formulates the definition of a lawful representative of a person the court decision about a compulsory treatment is being made on. The author suggests including the list of persons possessing a right to complain to the court, apart from a complainant, persons who turned themselves in and persons subject to the investigation upon a report of a crime, into one of the resolutions of the Plenum of the Supreme Court.

Keywords: procedural status, rights and obligations, specialist, home inspection, participants in criminal proceedings, investigative actions, criminal proceedings, legal representative, investigator, judgment

Abstract: cooperation of the journalists with the bodies of preliminary investigation in securing classified information protected by state or otherwise is one of the main aspects worth attention. This work represents an analysis of the issue about the protection of data of confidential character which is used by the bodies of preliminary investigation in cooperation with mass media. The author summarizes that the journalist who has been informed about some facts protected by the law must specify which information and in which volume they can disclose without threatening the interests of the investigation.

Keywords: classified information, mass media, criminal procedure, interaction, investigator, bodies of preliminary investigation, securing, protected by Law classified information.

Abstract: the article describes gap of the principle realization of presumption of innocence in criminal proceedings, explains the essence of the above mentioned principle and its normative securing, points out the social significance of the principle of presumption of innocence in the mechanism of defense of the rights of the suspect or defendant.

Keywords: presumption, police, defense, security, guiltlessness, procedure, International Law, person, declaration, law, guilt, legal proceedings, defendant, suspect

DOI: 10.7256/2454-0692.2017.1.19553

Abstract: The paper considers the topical problems of identification of persons non-Caucasian in race (Mongoloids, Negroid). The author formulates the conceptual approaches to identification with account of the specificity of appearance of various anthropological types, and offers the unique author’s methods to solve this problem correctly and effectively. The appearance of Mongoloid and Negroid types possess a unique set of features, which affect the process of identification (recognition). But the witnesses, belonging to other anthropological types, mention not the individual features, but the group features of the certain anthropological type. Therefore, in most cases the identification is “approximate” and “relative”, thus violating procedural legislation. The research subject is the correct and effective investigative activities. The research methodology is based on the dialectical method. The author applies general scientific and special methods of cognition. Among general scientific methods, the author uses the system-structural, comparative, formal-logical, statistical and sociological methods. The scientific novelty consists in the fact that the problems of identification of persons with Mongoloid and Negroid features of appearance haven’t been studied so far, and require a complex theoretical analysis. Internal affairs agencies perform the set of tasks of searching and identifying criminals, but the methods and methodologies have been focusing on the Caucasian features and ignoring any other types (Mongoloid, Negroid).

Keywords: organization of activity, policing, investigative activities, verbal description, identification, appearance of a person, anthropological approach, subjective description, investigator, criminalistic activity

DOI: 10.7256/2454-0692.2015.2.14911

Abstract: The subject of the article includes the problems of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.

Keywords: practice, action, procedure, citizen, legal procedure, protection, guarding, enforcement, judicial, court

DOI: 10.7256/2454-0692.2015.2.66303

Keywords: practice, action, procedure, citizen, legal procedure, protection, guarding, enforcement, judicial, court

DOI: 10.7256/2454-0692.2015.3.15423

Abstract: The article focuses on the problems of legal regulation of the parties’ statuses in the procedural relations. The importance of this topic is conditioned by the legislative rights of the state prosecution and the defense to present their opinions to the court on the stage of pleadings about the application of the criminal law and infliction of punishment. The main conclusion of the article says that the abovementioned legal specificity is supposed to have an ambiguous legal regulation and, consequently, is unequally considered by the court when deciding on the case. This circumstance predetermines the search for the solution of the problem of the parties’ equality during the proceedings and the priority of one of the opinions for the court. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods applied in special sociological research (the statistical method, expert assessments, etc.). The main conclusion of the article says that there is still much to be done for the provision of law and order in criminal procedure. The main conclusion of the author is the declaration of the necessity of the parties’ procedural equality development in criminal proceedings. The novelty of the research lies in the proposals about the development of procedural criminal legislation in the sphere of the provision of procedural equality of parties in the stage of pleadings.

Keywords: public prosecution, court, police, duty, party, equality, lawyer, coercion, process, stage

DOI: 10.7256/2454-0692.2015.3.66535

Keywords: public prosecution, court, police, duty, party, equality, lawyer, coercion, process, stage

DOI: 10.7256/2454-0692.2016.2.17750

Abstract: The research subject is the range of legal and procedural problems of implementing a short-form pre-trial procedure. The author analyzes a short-form pre-trial procedure. The topicality of this issue is conditioned by the practice of implementing a short-term pre-trial procedure. The author supposes that this process violates the provisions of the Constitution of the Russian Federation and the Criminal Procedural Code. A short-form pre-trial procedure is provided by the regulations of the criminal procedural law prescribing to execute legal proceedings on the base of the principle of equality and competitiveness. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to improve the procedural provision of pre-trial restrictions. The author attempts to analyze the parity of sides in the process of considering the petition for the preventive measure. The analysis is based on the logical, empirical, technical, formal-abstract and other methods of scientific cognition. The author formulates the conclusions which are necessary for the further study of this issue. The author’s suggestions are suitable for amending the provisions of the criminal procedural law regulating this form of relations, thus promoting the formation of confidence in the institution of a short-form pre-trial procedure.

DOI: 10.7256/2454-0692.2016.2.67481

Keywords: forma, protsess, dosudebnaya, kolliziya, UPK, zakon, prestuplenie, sud, sudoproizvodstvo, pravo

DOI: 10.7256/2454-0692.2016.3.17080

Abstract: The research subject covers the patterns of the accused persons involvement in cooperation using a plea deal in the context of one of criminalistic categories – a tactical operation. A tactical operation is aimed not only at solving the tasks of identifying the circumstances serving as evidences in criminal cases of various categories, but also at reaching a compromise with the defense and involving the accused in cooperation using a plea deal. The research object comprises social relations appearing in the process of investigating and solving cases, including those appearing between the investigator and the accused and other persons involved in a tactical operation. The author applies the set of general scientific and specific methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction, and other research methods. The novelty of the study lies in the attempt to solve the problems connected with the formation of the system of a complex tactical provision of investigator’s activity aimed at a more rational use of the provisions about a special procedure of a plea deal establishing during criminal investigations. The author analyzes the tactical operations doctrine and outlines the structure and the content of the considered tactical operation.

Keywords: interaction, tactics , planning, tactical and forensic provision, accused, investigator, plea deal, tactical operation, preliminary investigation, involving in cooperation

DOI: 10.7256/2454-0692.2016.3.67714

Keywords: interaction, tactics, planning, tactical and forensic provision, accused, investigator, plea deal, tactical operation, preliminary investigation, involving in cooperation

DOI: 10.7256/2454-0692.2016.3.19060

Abstract: The research subject is the legal regime of initiation of a criminal case on the base of the materials of operational investigations. The paper analyzes the provisions of the existing criminal legislation and the legislation regulating operational investigations of law enforcement agencies. The research object is the range of social relations appearing on the stage of initiation of a criminal case when analyzing the reason for initiating a preliminary investigation on the base of the data acquired in the result of operational investigations. Special attention is paid to the concept of such a reason for initiation of a criminal case as a report of an official about the elements of crime. The author applies the set of general scientific and special methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction and other research methods. The novelty of the study consists in the proposals about the development of forms and methods of legal regulation of the mechanism of initiation of a criminal case on the base of the materials of operational investigations. The author concludes that the procedural peculiarities of initiation of a criminal case on the base of operational investigation results are connected with collecting various operational documents (reports, certificates, acts, copies of official documents, and other materials reflecting criminal activity of the persons under investigation) using scientific and technological instruments. The persons involved in these documents collecting can be later interrogated as the witnesses in a criminal case. It will increase the validity of the collected evidential base and guarantee the operational information transformation into evidences and their use in criminal proceedings. The author declares the necessity to develop legal regulation of use of the materials, collected during investigational operations, in criminal proceedings.

Keywords: initiation of a criminal case, operational search activity, operational investigations, reason, ground, elements of crime, preliminary investigation, pre-investigation check, operative documenting , evidential base

DOI: 10.7256/2454-0692.2016.3.67715

DOI: 10.7256/2454-0692.2014.5.13213

DOI: 10.7256/2454-0692.2014.5.65526

Abstract: It is noted in the article that qualification of a crime is establishing correspondence between the elements of crime committed and the elements of certain crime established by the relevant article of the Criminal Code of the Russian Federation. Being a constituent element of the activities of competent officials, and in some cases, the judges, on application of criminal law, qualification is a thinking process of the official, including comparison of elements of an act committed and the elements within a certain crime established by law. Based upon the above, the author makes a conclusion that the result of this comparison is legal evaluation of the act committed. Based upon this methodological basis, the author forms the object of studies regarding multiple crimes. The methodological basis for the article was formed with the modern achievements of the cognition theory. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). It is established in the article that a number of issues regarding qualification of multiple crimes concerns evaluation of criminal activity of a guilty person as process developing in time and space. That is why resolution of the problem is not directly provided for by the law, however, it follows from the existing practice of its application. Two situations are possible here, both theoretically and practically.

Keywords: crime, punishment, qualifi cation, multiplicity, sanction, criminal, law, judge, court, problem.

DOI: 10.7256/2454-0692.2016.5.17726

Abstract: The research subject is the range of legal and procedural problems of choosing a measure of restriction in criminal proceedings. The author analyzes the process of choosing a measure of restriction from the position of defense. The topicality of the problem is conditioned by the practice of consideration of petitions, initiated by investigative agencies, for choosing or renewal of a measure of restriction against the accused or the suspect. It seems that this process often violates the provisions of the Constitution of the Russian Federation and the rules, established by the criminal procedural law, which order to exercise the court procedure on the base of equity and the adversarial nature of the proceedings. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (formal-logical) and special sociological methods (statistical, expert assessments, etc.). The author attempts at analyzing the parity of the parties to the court proceedings in choosing (renewal) of a measure of restriction. The analysis is based on the logical, empirical, formal-legal, formal-abstract and other methods of scientific cognition. In the author’s opinion, his conclusions are necessary for the further study of the mentioned issue, and the suggestions are sufficient enough to amend the regulations of the criminal procedural law thus promoting trust in the judicial power.

Keywords: renewal, choosing, petition, measure, process, restriction, advocate, prosecutor, investigator, court

DOI: 10.7256/2454-0692.2016.5.68178