Police activity - rubric Operative investigation in police work

Abstract: The article considers the main problems connected with searching for digital traces on the Internet, particularly in cloud storages. The author describes such problems as physical distribution of the data, its cross-border character, and legal competence during the investigation. The author also analyzes the issues of interaction with providers and administrators of cloud storages which have a significant impact on the investigation process. The article contains the list of predominant means of acquiring and studying the information from cloud storages. The key research method is the dialectical method of analyzing the processes of the digital environment which is connected with the operation and internal organization of the Internet. The author also uses the comparative-legal and the formal-logical methods. The author defines the disunity and complexity level of transnational interaction between law-enforcement authorities of different countries and describes the modern ways of searching for and analyzing the information in cloud storages related to the act under investigation, and the possibilities of automation of investigation activities.

Keywords: digital traces, computer information, cloud investigations, cloud storage, Internet, forensic, investigations, transboundary nature, crimes, distribution of data

DOI: 10.7256/2454-0692.2020.3.33306

Abstract: The object of research is the set of legal provisions regulating social relations emerging during the process of struggle against illicit trafficking of drugs, psychoactive substances, and their precursors. The research subject is the set of legal norms in the field of struggle against illicit trafficking of drugs, psychoactive substances and precursors. The research methodology is based on general philosophical methods, the dialectical method of scientific cognition, analysis of documents, comparative-legal analysis, the specific historical approach, the methods of analysis, synthesis, deduction, and induction. The theoretical significance of the research consists in the attempt to analyze the legal basis of the struggle against illicit trafficking of drugs, psychoactive substances and precursors. The purpose of the research is the improvement of the legal basis of the struggle against illicit trafficking of drugs, psychoactive substances and precursors; the elimination of contradictions in regulatory documents. The article represents the opinion about the necessity to exclude the term “intoxicating substances”. The analysis of the legal framework of the struggle against illicit trafficking of drugs, psychoactive substances and they precursors allows the authors to detect the problem issues of non-compliance of legal provisions regulating legal relations in the field of the struggle against illicit trafficking of drugs at the level of federal legislation, which often leads to the contradictory practice of law-enforcement in the field of administrative, intelligence, criminal-legal and other legal relations involving the internal affairs bodies of the Russian Federation.

Keywords: disclosure of crimes, identification, coordination of activities, drug trafficking narcotic, psychotropic substances, narcotic drugs, operational-search activity, administrative offense, operational-search measures, intoxicants

DOI: 10.7256/2454-0692.2017.4.23509

Abstract: The research subject is the legal status of individuals confidentially assisting law enforcement bodies (confidential informants). The decisions of the European Court have significant impact on the perfection of Russian legislative system and law enforcement practice, particularly on the use of information obtained from confidential informants. The content of article 17 of the Federal law “On operational investigations” doesn’t contain any specification of individuals confidentially assisting law enforcement bodies and doesn’t comment on the admissibility of evidence obtained with their help. The research methodology includes the method of comparative jurisprudence, which is used to study the legal status of confidential informants; the method of comparative analysis, which is used to define the possibility to assist operative units during operational investigations. The author studies the decisions of the European Court of Human Rights, the topical problems of law enforcement practice related to the legal status of confidential informants of law enforcement bodies. The scientific novelty of the study consists in the analysis of statutory documents regulating the legal status of confidential informants of law enforcement bodies; in the proposals about the improvement of legislation on operational investigations. The author concludes about the need to reformulate article 17 of the Federal Law “On operational investigations”.

Keywords: confidant, operative, operational divisions, operational-investigative activities, operational investigations, law enforcement bodies, police, confidential assistance, consultant, consulting cooperation

DOI: 10.7256/2454-0692.2019.1.20286

Abstract: The article considers the problems of the content of the notion “psychological technology” and the relevancy of using it in intelligence operations. The author considers such aspects as psychological technology, psychological technique, psychological impact, psychological trick, psychological way and their correlation. The article considers the notion “psychotechnics” and its types. The article presents the author’s definition of “psychological technology” and the opinions of other recognized specialists in this field. In conclusion, the author describes his opinion about using the notion “psychological technique” in intelligence operations. The methodological base of the research contains the dialectical method of scientific cognition, the formal logical, comparative-legal, historic-legal, system-structural, statistical and other specific methods of studying social and legal phenomena. The special author’s contribution is the consideration of the notion “psychological technology” in several contexts: from the point of view of psychology and from the point of view of the legal science (intelligence operations). The author develops his own definition providing insight into the above mentioned definition. The author concludes about the relevancy of using “psychological technology” in intelligence operations.

Keywords: psychological technology, psychological technique, psychological trick, psychological way, psychological mean, psychological impact, psychotechnology, psychotechnics, psychology, intelligence operations

DOI: 10.7256/2454-0692.2022.5.36251

Abstract: The article deals with problematic issues of prevention and disclosure of thefts and thefts of vehicles, current problematic issues, as well as prospects for their solution. The operational situation in the territory of the city of Yekaterinburg, including in the service area of the police department No. 7 of the Ministry of Internal Affairs of Russia in Yekaterinburg related to the commission of theft and theft of vehicles in the period from 2019 to 2020, is analyzed. The object of the study is social relations arising from the commission of illegal actions, such as theft or theft of vehicles. As the subject of the study, various methods of committing such crimes and their disclosure, as well as measures to prevent such crimes in modern conditions are considered. As a result of the study, ten main problems in the field of prevention and disclosure of thefts and thefts of motor vehicles on the territory of the Russian Federation are identified. In addition, ways to solve these problems are proposed. The novelty of the study is the analysis of the current state of crime in the field of theft and theft of vehicles, which is being improved with the development of new technologies. The criminalistic characteristics of these crimes are also given, indicating the models and brands of cars most often subjected to theft and theft. Thus, it has been established that the most stolen vehicles are cars of domestic production of the VAZ brand, among foreign-made vehicles are middle-class cars, worth up to 900,000 rubles.

Keywords: Theft, hijacking, vehicle, solving a crime, suppression, warning, statistics, the operative, investigator, the victim

DOI: 10.7256/2454-0692.2017.6.25362

Abstract: The article is devoted to the problem of criminal investigation search when there is no information about an unlawful act that is going to be committed, in the process of commitment or has been already committed, or facts to start a criminal proceeding are insufficient. The authors touch upon some methods of criminal investigation that can be used to achieve relevant goals and tasks. In addition, the authors provide a brief analysis of various points of views on whether it is permitted to carry out investigation activities to obtain primary information. Based on the analysis of police investigation departments and activities they perform, in particular, personal security subdivisions of the Department of Internal Affairs, the authors emphasize the need in initiating investigation activity. Noteworthy, that criminal investigation activity performed by the Department of Internal Affairs is also executed to legally protect internal affairs officials and their families. In the course of their research the authors have applied such methods as analysis and synthesis, induction and deduction, comparative law analysis, etc. They have also used a survey where investigation officials were to answer a questionnaire and answer questions about activity of personal security subdivisions of the Department of Internal Affairs in the process of obtaining, collecting and applying criminal investigation information. The main conclusions made by the authors include their suggestions on how to change the current Federal Law 'Concerning Criminal Investigation Activity' and emphasize the need to carry out investigation activity to discover important information. The novelty of the research is caused by the fact that the authors provide that investigation search comprises the core of modern direction of criminal investigation activity and provision of personal security of the Ministry of Internal Affairs officials.

Keywords: divisions of own safety, achieving goal, edge, operational-search activities, first information, private investigation, operative search, operatively-search activity, their own security, state protection

DOI: 10.7256/2454-0692.2017.5.24468

Abstract: The author analyzes the situations when investigators work among accomplices in crime. The author analyzes the problems of criminal law and legal regulation of investigative activities. The author considers acceptable, to his opinion, variants of behavior correlating with the signs of various types of accomplices of crime. Special attention is given to the concept of “participation” in various criminal groups as a feature of objective side of compositions of crimes. The author gives examples from the published judicial practice relating to the topic of the research. The author’s conclusions and suggestions can be used for the application of the criminal law and in investigative activities. The author uses the dialectical method of cognition, which allows reflecting the interrelation between theory and practice, and the methods of qualitative analysis of social and legal processes, content-analysis, documents study, expert assessments, surveys, etc. The scientific novelty of the study consists in complex intersectoral analysis of problems of legal regulation of investigation within criminal environment. The author makes a hypothesis that it is possible to consider actions, which are seemingly alike the behavior of a perpetrator of crime or an accomplice, as rightful. The author substantiates the possibility to act like a perpetrator, instigator, organizer or leader.

Keywords: alleged complicity, enforceability , infliction of legitimate harm, operative experiment, operative penetration, investigative act, investigative activity, need, legitimate harm, criminal law

Abstract: the article analyses legal and structural issues in the sphere of people trafficking, describes peculiarities of prevention of people trafficking, outlines proposals on legislation improvement.

Keywords: people trafficking, organization, cooperation, law enforcement, body, information, exchange, hostage, police, seizure, safety, man, state, merchandize, victim.

Abstract: The article describes such an acute issue as people trafficking investigation – carrying out of a task-force case study “apprehension” and liberation of the hostage; the article suggests algorithms of actions performed by officers of a task-force group and investigators taking part in similar to the case study operations.

Keywords: people trafficking, criminal-investigation operations, task-force case-study, apprehension, liberation of hostages

Abstract: the article describes issues and perspectives of preventative means of the crimes through investigative means of task-forces groups. The author reveals the forms and methods of rime prevention, and based on this, the author outlines the proposals on improvement of the legislation.

Keywords: police, preventative means, police officer, event, detection, reform, Ministry, statement, standard, rotation, crime, officer.

Abstract: the article describes legal and structural problems of insuring of entrepreneurial or business security by private security insuring entities. On the grounds of the research the following conclusion is made that there are many problems in this field, each of them requiring individual approach to their resolving.

Keywords: security, entrepreneur, entrepreneurial activity, business, economic crime, risks, threats, ensuring, economics, loss

DOI: 10.7256/2454-0692.2016.1.17336

Abstract: The author analyzes the problems of corruption in the society on the current stage of development; defines the list of the most common venal actions of officials; describes the most frequent cases of corruption. Special attention is paid to documenting the actions of persons, suspected of corruption. The author describes the results of use of such a factor as the official living beyond his means. The author comes to the conclusion about a special role of operative experiment in graft documenting. The research methodology comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the sphere of internal affairs, it is necessary to improve forms and methods of fight against corruption by means of investigation and search operations. The main contribution of the author is the conclusion about the necessity to develop the theory and logic of investigation and search operations. The novelty of the research lies in the proposals about the development of forms and methods of investigation and search operations.

DOI: 10.7256/2454-0692.2016.1.67399

Keywords: latency, prevention, corruption, investigation and search operations, society, document, method, police, employee, survey

DOI: 10.7256/2454-0692.2017.1.18136

Abstract: The research subject is the stages of formation and development of special technical support of investigative operations of internal affairs agencies. Special technical support of investigative operations of internal affairs agencies and, consequently, its legal regulation, has been forming during a significant period of Russian statehood; therefore, retrospective analysis of this process can help objectively analyze various stages of its formation and development. The analysis of use of various technical means in criminalistics and their adaptation to the needs of internal affairs agencies shows that the formation and development of special technical support of investigative operations of internal affairs agencies is connected with the historical periods of foundation and development of law enforcement activities and the application of scientific and technical achievements. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (statistical methods, expert assessments, etc.). The author concludes that along with the problems of technical support of investigative operations, there existed and still exist the problems of legality of application of technical means aimed at secret acquisition of information by operative units of internal affairs agencies, and the problem of protection of human and civil rights and freedoms, and their use in non-state interests.

Keywords: operative, investigation, special, provision, technical means, photography , dactyloscopy , recording, registration, police

DOI: 10.7256/2454-0692.2017.1.18446

Abstract: The research subject covers particular legal problems of using the results of investigative operations, restricting constitutional rights of citizens, in criminal proceedings. Legislation on investigating operations establishes obligatory conditions for the conduction of such investigating operations, consisting in the data on the illegal act, which is being prepared, is being committed or has been committed, and which must be preceded by pre-trial investigation. Within investigative actions, preliminary qualification of deeds is based upon the materials, acquired during investigative operations and evaluated mainly subjectively, and therefore, can lead to mistakes and inaccuracies in the evaluation of illegal acts and establishment of compositions of crimes. In this context comes up the problem of objectivity of data and its sufficiency for court sanctioning. The research methodology is based on modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of sociological research (expert assessment, etc.). Based on the analysis of law-making regulations and concepts, the author offers the way of using the results of investigative operations, restricting constitutional rights of citizens, in the context of transformation of qualification of illegal deeds and, consequently, transformation of the form of pre-trial investigation.

Keywords: pre-trial investigation, illegal act, constitutional rights, judge, operational officer, investigative operation, inquiry, consciousness, mistake, information

DOI: 10.7256/2454-0692.2015.2.14438

Abstract: The research subject includes the issues of combating organized crime groups infringing on public morality, and the problems of a criminal nature associated with sexual exploitation. The object of the article is a range of public relations connected with the activities of the police in combating crimes related to sexual exploitation. The author discusses such issues of the problem as: maintaining of houses for prostitution; forms and types of prostitution; the problem of combating the activities of pimps. Special attention is paid to the criminal legal issues of combating crimes against public morality. The methodology of the article is based on the modern achievements in the theory of knowledge. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods, and the methods used in the specific sociological research (statistics, expert opinions, and others).The author concludes that nowadays criminal legislation is not sufficient enough to fight organized criminal groups dealing with sexual exploitation of women. This type of criminal activity has gained a transnational character. The special contribution of the author consists in the proposed amendments to the Criminal code and the Code of Administrative offences. In particular, it is proposed to change some corpora delicti in the sphere of sexual exploitation of men and women. The novelty of the research lies in the fact that the author formulates the proposals aimed at improvement of legal and institutional framework of the activities of the police in combating organized crime groups infringing on public morality.

Keywords: pornography, prostitute, prostitution, exploitation, sex, morality, crime, group, erotica, responsibility

DOI: 10.7256/2454-0692.2015.2.66304

Keywords: pornography, prostitute, prostitution, exploitation, sex, morality, crime, group, erotica, responsibility

DOI: 10.7256/2454-0692.2017.1.21611

Abstract: The research subject includes legal and organizational problems of cross-border cooperation of territorial bodies of the Ministry of Internal Affairs of the Russian Federation with competent authorities of foreign states in investigative operations aimed at transnational autotheft prevention. The author analyzes international statutory acts and national legislation, related to the investigative activities of internal affairs bodies, aimed at the prevention of autotheft committed by the citizens of bordering states. The author analyzes the statistical data on the thefts committed by the citizens of bordering states in the territories of boundary regions of the Russian Federation. The research methodology is based on modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional methods of jurisprudence (formal logical), and the methods of sociological research (statistical methods, expert assessment, etc.). The author concludes about the necessity to develop relations with the competent authorities of bordering states for the purpose of autotheft prevention. The scientific novelty consists in the proposal about the need for legal regulation of a verbal inquiry to a competent authority of a bordering state to exchange information for the purpose of the struggle against crime including autotheft.

Keywords: bordering states, agreement, struggle against theft, internal affairs bodies, competent authorities, territorial bodies, investigative activities, cross-border cooperation, boundary regions, transnational crime

DOI: 10.7256/2454-0692.2014.3.12373

DOI: 10.7256/2454-0692.2014.3.65055

Abstract: The article concerns defi nition of crimes against public morality related to prostitution and involvement into prostitution. The author notes organized character of these crimes, their connection to organized crime, proving it with the analysis of the main forms of organized prostitution and the means of involvement of persons into prostitution. Prostitution is a type of activity which is aimed at provision of sexual services and satisfaction of the sexual desires of clients for a remuneration no matter the way of its transfer. The methodological basis for the scientifi c article was formed by the current achievements of the theory of cognition. 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 specifi c sociological studies (statistical, expert evaluation, etc.). According to the data provided by the Main Information and Analytical Center of the Ministry of Internal Affairs of the Russian Federation in 2013 in the Russian Federation there were committed 279 crimes (496 – 43,8%) under Art. 240 of the Criminal Code of the Russian Federation (involvement into prostitution), 328 crimes solved (421, – 22,1%), 163 persons revealed (160; +1,9%) who have committed such crimes. Under Art. 241 of the Criminal Code of the Russian Federation (organization of prostitution) there were 652 crimes (646; +0,9%), 498 crimes solve d(506, – 1,6%), 707 persons, who have committed these crimes are revealed (687, +2,9%). Also, 9219 administrative offences under Art. 6.11(APPG – 1058, – 12,3%), and Art. 6.12 (APPG – 218, +21,1%) of the Administrative Offences Code are intercepted.

Keywords: sex, slavery, prostitution, coercion, violence, interaction, police, crime, crime, criminal.

DOI: 10.7256/2454-0692.2016.3.18460

Abstract: The subject of this study is legal regulation of operational police units' activities aimed at prevention and detection of attacks on life, health and property of law enforcement officers, connected with their work. The authors note that this kind of activity of operative police units is the part of operational and investigative work. The authors note that the institution of government protection in our country is on the stage of formation and initial development, and needs for a further development and improvement, with account of the realities of our time. The authors consider the questions of operational and search measures aimed at ensuring safety of law enforcement officers.The research methodology includes the dialectical method of scientific cognition of objective reality, abstraction, generalization and the comparative legal method.The authors come to the conclusion about the necessity to change the provisions containing the reasons for investigation and search operations organization aimed at ensuring safety of the protected persons. The authors propose the following formulation of this reason: "the information about a real threat to life, health or property of the persons under protection and members of their families, which is known to the search and investigative agencies, on the base of the decree about the application of security measures in relation to the persons under protection implemented by the responsible government agencies in the order provided by the legislation of the Russian Federation".

Keywords: government protection, measures of government protection, investigation and search activity, persons under protection, investigation and search operations, security measures, police officers safety, protection of police officers, infringement on life, police officers

DOI: 10.7256/2454-0692.2016.3.67718

DOI: 10.7256/2454-0692.2015.6.17071

Abstract: The article focuses on the problems of legal and organizational measures of combating corruption by means of investigation and search activities. The article reveals the importance of investigation and search operations for the detection of corruption crimes at the present stage of development of our society. The author formulates the main directions of prevention of this phenomenon, paying particular attention to the operational experiment in the exposing of corrupt officials, describes the methods of detection of corruption crimes. The article defines the acts of corruption.The methodological basis for the article comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The author concludes that at present, in order to prevent corruption, it is necessary to improve the forms and methods of legal impact on those spheres of interaction of business and authorities in which the risk of corruption is significant. The main contribution of the author is the conclusion about the need for the development of legal regulation of investigation and search activity of the police in the sphere of combating corruption. The novelty of the article lies in the proposals for the development of forms and methods of public regulation of combating corruption and the creation of legal and institutional guarantees of investigation and search activity in the sphere of combating corruption.

DOI: 10.7256/2454-0692.2015.6.67200

Keywords: extortion, bribery, police operative, prevention, law, crime, corruption, measure, identification, right

DOI: 10.7256/2454-0692.2016.5.20236

Abstract: The research object is the range of legal and organizational problems of border cooperation of regional agencies of the Ministry of Internal Affairs of the Russian Federation with the agencies of foreign states in the sphere of investigative activities. The author analyzes international and domestic statutory instruments, related to border cooperation of Russia’s Ministry of Internal Affairs with the agencies of foreign states in the sphere of investigative activities, and the organizational issues of its realization by regional agencies of the Ministry of Internal Affairs. The research methodology is based on the modern 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 states the necessity to develop border cooperation in the sphere of investigative activities. The scientific novelty of the study consists in the proposals about the introduction of the post of liaison officers in regional agencies of the Ministry of Internal Affairs for the purpose of cooperation with the responsible authorities of foreign states.

Keywords: competent authorities, transnational crime, investigation activity, Ministry of Internal Affairs of the Russian Federa, border cooperation, international relations, agreement, authority, foreign state, interaction

DOI: 10.7256/2454-0692.2016.5.68179

DOI: 10.7256/2454-0692.2016.6.21050

Abstract: The subject of this research project is the analysis of the contemporary legal, institutional and administrative framework of investigative activities. The purpose of the research project is to identify the controversies and dysfunctions of the legal and institutional mechanisms and organisational mechanisms of criminal investigative activities, determining the priority directions of modernisation of regulatory provisions and the existent organisational and administrative mechanisms. The research methodology is based on the system and functional approach and the system and diagnostic analysis that had proved their effectiveness during the research, analysis and interpretation of problem-constituting triggers. The scope of application of the obtained results is dichotomous: these results can be used both as a scientific and methodological basis for the further investigation of the directions and procedures of modernisation of regulatory and legal framework of criminal investigative activities and as a source of practical and application-oriented recommendations, aimed at the optimisation of criminal investigative activities of operating units and specialists. The innovativeness of the author's approach is determined by the scientifically substantiated application-oriented recommendations in the sphere of criminal investigative activities modification. The reliability of the research results is based on the analysis and interpretation of a wide range of actual information, representing the contemporary state of criminal investigative activities. The suggested approach provides for the achievement of actual results, represented in the of conclusions, generalisations and recommendations presented below: the author defines the role and place of criminal investigative activities in the context of informational nontransparency and the emergence of hybrid criminal activity forms; the author outlines the problem-constituting contradictions within the study of the existent theoretical and methodological framework of criminal investigative activities; the author proves the prevalent role of criminal investigative procedures such as 'criminal investigation surveillance' and 'criminal investigation assistance'; the author substantiates the need for the modification of legal regulation of investigative activities; the author finds out that the investigative activities' effectiveness assessment is carried out by means of dysfunctional quantitative metrics within the index approach; the author carries out a comparative analysis of the newest evidential framework of investigative activities, implemented in temporary detention facilities and pre-trial detention centres (including the USSR experience), identifies the risks and restrictions of law enforcement.

Keywords: documentation, crime detection, investigation assistance, investigative procedures, investigation surveillance, investigative measures, improvement, organisational and administrative framework, legal framework, investigative activities

DOI: 10.7256/2454-0692.2016.6.68433