DOI: 10.7256/2306-4218.2014.1.9270

Abstract: This article is devoted to searching for a modern concept of efficient criminal policy of the Russian state in the sphere of protection of the interests of justice. In order to achieve the established goal, attention is paid to information markers, allowing for objective evaluation of the current criminal law situation in the state, to the problems of formation of the civil society, as a precondition of efficient criminal policy, patterns of constructing a mechanism for fighting crime and some other issues allowing to achieve the necessary effect of fighting crime.  The article provides analysis of the necessary conditions for efficient law-enforcement activity. The author provides critical evaluation of the existing criteria for efficiency of protection of the interests of justice, taking into consideration the following goals of law-enforcement activities: 1) establishing the presence (absence) of criminal law relations, which are regulated by norms of criminal law; 2) the scrupulous evaluation of all of the circumstances of the event; 3) strict adherence to the "letter" adn "spirit" of the law in order to guarantee rights and lawful interests of all of the participants of relevant criminal law relations.  The author offers some indicators for establishing efficiency of the activities of certain law-enforcement bodies: police, prosecution, courts, and penitentiary institutions.

DOI: 10.7256/2306-4218.2014.1.9947

Abstract: According to our studies the number of fatal craniocerebral injuries is 10% of all of the expertises in the city of Barnaul, Russia. Out of that number the hits on the head (murders and car accident traumas) were 78,8%, while the rest were traumas from falling (falling from heights and on the flat surface - 11,2% and 10% accordingly).  Among all such traumas, the broken scull bones were in 52,4%.  Usually, there is need to differentiate the impact of a broad hitting area, when there is a fall and a hitting. In such cases there are usually linear and spiderweb-like skull breakages, which are of little use for identification purposes.  The need to distinguish such traumas is due to the importance of this issue for the judicial and investigation bodies. However, the expert practice still uses a typical conclusion on the mechanism of formation of scull fractures "due to hitting with a flat blunt surface, or due to falling and hitting on such an object". Our work continues this long-standing judicial and medical discussion on the possibilities to differentiate the traumas caused by blows and by falling. A large number of works is devoted to the studies of this types of scull fractures. While some authors explain differences in the formation of scull fractures by the influence of the curve of bone and the acceleration, the others spoke of the hardness of surface on which the hit took place and the strength of the hitting.

DOI: 10.7256/2306-4218.2014.1.9937

Abstract: The problem of proving whether the traumas found when examining a corpse were received, while a person was still alive is still topical and to some extent it did not yet find solution in the judicial medicine. As one of the possible solutions, the authors offere the biochemical method for the studies of troponin 1 in corpse blood and pericardial fluid. The biochemical method of studies attracts more and more attention of judicial medical experts, due to the simplicity of method and large amount of information, allowing to diagnose the processes, which are not micro- or macroscopically visible.  At the same time, there is a lot of "blind spots" in the studies of biochemical processes in a human body right before the death and in the hours right after the death, as well as their differences from the processes in living persons.  It is undoubted that the studies of biochemical changes in various types of death shall allow to reveal certain patterns, quality and quantity characteristics, which may be used for diagnostic purposes. It is quite topical to diagnose conditions, which are morphologically characterized by the rapid death, for example due to secondary cardiomyopathy of the hanged persons having chronic somatic illnesses, when a soft rope is used and their is no well-defined constriction mark.

DOI: 10.7256/2306-4218.2014.1.9935

Abstract: The Brockhaus and Efron Encyclopedic Dictionary recognizes classification (from Lat. classis- class, category and Lat. facere - to do) as "special cases of application of the logical operation of division of the amount of term via a certain combination of divisions (division of a class into types, division of these types, etc.)". "Classification is a meaningful order of things, events, dividing them into types in according to some important characteristics". Any classification in science or any other sphere of activities is meant for the constant practical use, that is why it should at the same time enclude the entire complex of necessary parameters, and it should be simple and easy to comprehend.  Usually, the classifications use significant features of objects as dividing elements for their classification. Such classifications are known as natureal, since they reveal significant similarities and differences between objects and have cognitive value. If the classifications are aimed at systematizing the objects, the dividing elements are chosen out of convenient ones given the purpose of classification, but not necessarily significant for the objects themselves. Such classifications are called artificial.

DOI: 10.7256/2306-4218.2014.1.9934

Abstract: According to the information provided by the World Health Association about 20 000 000 people die of diseases of blood circulatory system, and half of these deaths are caused by the various forms of ishemic heart disease.  In Russia the cases of ishemic heart disease cause most of the sudden deaths, studied by the medicolegists. While various forms of chronic ishemic heart disease cause no difficulties in their morphologial diagnosis, the medic doing a post-mortem may incounter difficulties with establishing the diagnosis, when dealing with the acute forms of ishemic heart disease, especially acute coronary insufficency, or ishemic stage of miocardal infarction.  Due to the above-mentioned reasons the authors analyzed the data on general death rate structure and death rate due to various forms of ishemic heart disease for hte period of 2000 to 2012 according to the data of the thanatologic department of the Novosibirsc Regional Bureau for Judicial Medical Expertise.  According to the data received by the authors, the structure of judicial medical autopsies has undergone some changes in the last 12 years, which is due to a larger number of non-violent deaths. At the same time the general number of autopsies was insufficiently larger. For example, in 2000 the general number of judicial medical autopsies in Novosibirsk was 6072 cases, and in 2012 - 6391 cases.

DOI: 10.7256/2306-4218.2014.1.9921

Abstract: The mechanical trauma ranks third in the structure of death rate in peaceful time, and it is a leading cause of death in the age group before 40 years old. The closed blunt injury constitutes up to 50,4 per cent of all of the mechanical injuries, and usually the traumatized organs are lungs and heart. The heart contusion is one of the most typical traumas of this organ, and it has  critical clinical progression due to the fulminant development after the hit influence  of acute myocardial dysfunction, which is caused mostly by the traumatic acute violations of coronary blood circulation and microcirculatory disorder. It is accompanied by the depression of myocardial contractility and lowering of its functional reserve due to the acute change of metabolic elements right after the trauma.  As a result of these processes the hypoxic mechanism of myocardial trauma develops regularly. If the heart contusion is severe, it is usually fatal for a person. A number of works on heart contusion were provided by clinical doctors, so the problem of morphological diagnosis of this type of trauma remains topical for many years. Clarification of mechanisms of development of the acute myocardial insufficiency in cases of heart contusion is important first of all for the specialists working with the problem of heart contusion – emergency doctors and medicolegists.

DOI: 10.7256/2306-4218.2014.1.9920

Abstract: The modern judicial medicine actively  applies the so-called objectivity and strength of evidence towards the theories and hypotheses used, therefore, the practice of evidentiary medicine is appearing. It is undoubted that the evidentiary principles of modern science are developed in the works by Karl Popper and Imre Lacatos and methodologists of their school. The science there is understood as a special rational way of cognition of the world based on empiric check and (or) mathematical proof.  It is ideally universal, fragmentary, generally valuable, impersonalized, systematic, incomplete, successive, critical, authentic, non-moral, rational and sensual. At the same time diagnostics is a specific type of cognition. The basis for any scientific method is a combination of empirics and logics. In judicial medicine the judicial medical pathology, or to put it more broadly, thanatology best meets the status of science. As the basis of proof or refutation under the above-mentioned scheme the falsification of research problems is used in controversy with the traditional justificationism, presupposing that any true theory should be strictly and unambiguously proven.

DOI: 10.7256/2306-4218.2014.1.9919

Abstract: The life-time diagnostics and the diagnostics of the prescription of trauma is a topical and widely discussed problem. Macro- and microscopic description of characteristic features of tissue response serves as the basis for making a statement on the injuries received by a person during life-time and their prescription.  However, the practice shows that the intervals of time when the trauma might have been caused which are established by expertise are not always sufficient for the judicial and investigative bodies, and sometimes a trauma itself does not get recognized.  The modern laboratory (and, more specifically, immunohistochemical) examination methods currently have some potential for solving this problem.  In spite of a rather short period of time of application of such method, their informative value is widely recognized. Unfortunately, due to a number of objective reasons, the immunohistochemical method are not widely applied by judicial medical experts. In order to prove the efficiency and necessity of introduction of high technology methods into the judicial medical practice the authors provide an example of using immunohistochemical method in a specific judicial medical expertise.

DOI: 10.7256/2306-4218.2014.1.9918

Abstract: Education is international by its nature and it includes the best of the global developments.  The system of professional education of medical and pharmaceutical cadres in Russia is being modernized within the framework of the international legal acts and other documents on development of the European integration in the sphere of education and scientific research. Having signed the Bologna Convention in 2003, Russia has uptaken certain obligations on reform of its higher education without significantly lowering the level of Russian higher education system, including medical education. The higher education institution in Russia face a problem, since they need to preserve historic traditions of the higher medical education, principles and methodology of education, which were proven efficient for a long period of time, and the richest experience of teaching medical staff, while finding their place within the system of joint education sphere according to the European requirements. Improvement of the higher medical education in accordance with the Bologna Declaration predefined the need and priority for the education of medical staff in Russia, and it facilitated the development of a new generation of standards for the basic, post-diploma education and the permanent professional development of medics.

DOI: 10.7256/2306-4218.2014.1.9917

Abstract: The HIV-infection epidemic in Russia is now characterized with the growing number of new infection contamination cases, and growth of the manifest forms of the illness.  The existing epidemic situation is expressed by larger number of revealed HIV-infections among the patients of medical and prophylactic institutions of various specializations, and, accordingly, by a larger number of sectional post-mortem examinations of HIV-positive persons.  It shows the growing threat of undiagnosed HIV-infections into the healthcare institutions, and judicial medical expert institutions, since its symptoms may be the symptoms of the main disease of patients today. The previous studies showed (Kadochnikov, D.S., etc., 2011, 2012)  that in the judicial medical expert institutions most of the cases of infection contaminations are among the staff of tanathological divisions, working directly with the corpses.  The analysis of traumas encountered during sectional examination showed that annually up to 50 per cent of judicial medical expert and assisting personnel risk being infected with the HIV, the blood-borne hepatitis due to professional traumas.

DOI: 10.7256/2306-4218.2014.1.9916

Abstract: Improvement of the higher professional education in accordance with the Bologna Declaration shall allow us to take a more substantiated approach towards defining the need and priorities in educating medical staff in Russia in general and in the regions in particular, as well as to develop the new generation of standards for basic, post-diploma education and permanent professional development of medics. Currently the medical higher education institutions in Europe teach four main basic specializations: medicine, pharmaceutics, dentistry and the higher education of nurses. In Russia there are nine medical specializations. Additionally, in Russia there is over 100 medical specializations, and in Europe there are 17 to 54. Medical education has many ages of history and it has a strong three-tier system of on-campus education for medical workers, including the following: the basic medical education (pre-diploma education), post-diploma education (internship and residency), and the permanent professional education (the system of after-diploma education). The quality of education of a specialist is defined by many components at each of its stages (pre-higher education, pre-diploma, post-higher education), and each stage has its own goals for achievement.

DOI: 10.7256/2306-4218.2014.1.9915

Abstract: Protection of rights and lawful interests of juveniles is one of important social problems, which has been attracting the public attention for a long time. For decades the international human rights organizations have been calling for counteraction against cruel treatment of children.  The key document on the protection of rights of children is the Convention on the Rights of the Child, which was adopted on November 20, 1989 by the Resolution 44/25 of the General Assembly of the UN. Art. 18-27 of the said Convention define the obligations of the state to provide assistant to parents and lawful guardinans and to protect the children from any form of physical, sexual or psychological violence, lack of care or negligent treatment of parents, lawful guardians or any other person taking care of a child. The Convention on the Rights of the Child is ratified by over 200 states, the USSR being among the first twenty states to ratify it. According to the Convention the participating states are obliged to take all necessary measures to implement the rights of children, as officially recognized by their agreement.

DOI: 10.7256/2306-4218.2014.1.9913

Abstract: The staff training improvement is one of the most important goals in any sphere of human activities, and it is not possible, unless modern educational technologies are introduced into the teaching process. One of such technologies is points and ratings system used for quantity evaluation of the quality of studies within the framework of educational program, where an educational subject is divided into several study modules for the controlling purposes. Introduction of the points and ratings system into the teaching process allows to implement an integral evaluation of current cognitive activities of a student, his progress in professionally valuable competence, his participation in scientific research, scientific conferences, preparation of scientific and reviewing reports, etc. Such an approach motivates a student for systematic work, which facilitates knowledge viability, lowers the role of accidental factors in evaluation of results, allows to establish a real role (rating) of a student according to his academic achievements, and choose candidates for continued education and specialization based on objective criteria.

DOI: 10.7256/2306-4218.2014.1.9911

Abstract: Currently in Russia there is a normative legal basis and mechanism for the state protection of judges, officials of law-enforcement adn controlling bodies, staff of the federal state guarding bodies, performing functions, implementation of which may involve encroachments upon their security, and for the formation of necessary conditions for administration of justice, fighting crimes and offences. This issue is regulated with the Federal Law of April 20, 1995 N. 45-FZ "On state protection of judges, officials of law-enforcement and controlling bodies" (Federal Law N. 45-FZ), which establishes the system of measures of state protection of life, health and property of such persons and their closest relatives. Guarantees of state protection of judges, officials of law-enforcement adn controlling bodies, staff of the federal state guarding bodies includes implementation by a competente state bodies (provided for by the Federal Law N. 45-FZ) of measures for guaranteeing their security, legal and social protection, which are used in cases of encroachments upon health, life and property of said persons, when such encroachments are related to their official activites, and also to those of their relatives, and in exceptional cases - other persons, on life, health, and property of which there is an encroachment in order to interfere with the lawful activities of judges, officials of law-enforcement adn controlling bodies, staff of the federal state guarding bodies or to make them change the character of their activities, or as an act of revenge for such professional activities.

DOI: 10.7256/2306-4218.2014.1.9910

Abstract: The modern healthcare is constantly being reformed, and one of directions of such reforms is formation of an efficient mechanism for the improvement of quality of medical aid. An important role in this process is provided to the standardization of the main medical activity processes, which is based upon the recognized scientific and practical results. In the last decade the quantity of diagnostic methods has grown, and the opportunities for their application also widened their scope, the medical practice got more complicated.  Due to the above-mentioned reasons the standardization of curative and diagnostic process was necessary in order to unify and classify diagnostics. The standardisation process in the health sphere came to a new level in 1998, when on January 19 a joint Order by the Ministry of Healthcare of Russia and the Federal Fund for Obligatory Medical Insurance on key provisions on standardization in healthcare was issued.  The Order reflected goals and aims of standards, the need for a united system for evaluating quality of their application. In the process of formation of standardization in healthcare  the issue of obligatory character of standards was for a long time quite topical.  In the Federal Law of 27 December, 2002 N. 184-FZ "On Technical Regulation" referred to voluntary character of application of standards when providing healthcare to the population.

DOI: 10.7256/2306-4218.2014.1.9909

Abstract: Protection of rights and lawful interests of juveniles is one of important social problems, which has been attracting the public attention for a long time. For decades the international human rights organizations have been calling for counteraction against cruel treatment of children. The key document on the protection of rights of children is the Convention on the Rights of the Child, which was adopted on November 20, 1989 by the Resolution 44/25 of the General Assembly of the UN. Art. 18-27 of the said Convention define the obligations of the state to provide assistant to parents and lawful guardinans and to protect the children from any form of physical, sexual or psychological violence, lack of care or negligent treatment of parents, lawful guardians or any other person taking care of a child. The Convention on the Rights of the Child is ratified by over 200 states, the USSR being among the first twenty states to ratify it. According to the Convention the participating states are obliged to take all necessary measures to implement the rights of children, as officially recognized by their agreement.

DOI: 10.7256/2306-4218.2014.1.9908

Abstract: The employees of the healthcare systems in the Russian Federation in general, and doctors in particular, form one of the most vulnerable and legally unprotected categories of workers from the standpoint of criminal law. One of the Articles of the Criminal Code of the Russian Federation (hereinafter, the Code) qualifying the actions and establishing the punishment for persons, including medical workers is Art. 124 "Failure to render aid to a sick person", is formulated as follows:1. Failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it in keeping with the law or with special rules, if this has entailed by negligence the infliction of injury of average gravity to the health of the sick person, shall be punishable by a fine in the amount up to 40 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 3 months, or by corrective labour for a term of up to one year, or by arrest for a term of two to four months.2. The same act, if it has involved, through negligence, the death of the sick person or the infliction of grave injury to his health, shall be punishable by compulsory labor with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or without it, or deprivation of liberty for a term of up to four  years with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or without it.

DOI: 10.7256/2306-4218.2014.1.9906

Abstract: The problem of legal responsibility of medical personnel for the professional offences is one of the most complicated challenges which medical practice has set for the law.  It is well known since long ago that investigation on such cases often concerns untypical situations, which makes the investigation process much lengthier. Moreover, in late years in several criminal cases the situations arose, when the length of the investigation process was close to the termination of the period of limitation. Is that tendency on medical crimes caused by the undue performance of professional obligations?  Searching for an answer we have analyzed on an article-by-article basis the qualification of medical offences and termination of limitation periods for criminal liability under the latest changes in the Criminal Code of the Russian Federation. It is obvious, that amendments in Art. 15 of the Criminal Code of the Russian Federation (categories of crimes), as provided for in the Federal Law N. 420-FZ of December 7, 2011 considerably narrowed the time period for criminal responsibility.

DOI: 10.7256/2306-4218.2014.1.9949

Abstract: The need to establish whether the calcius belonged to a human or to an animal usually arises in cases of expertise of burnt or ash remains. The experts face the need to study large amount of large and small bone fragments at various stages of temperature incandescence (black, gray, white), which have been subject to shrinkage, deformation and various influences of external factors.  That is why each such expertise is unique in quantity and elements of objects, use of laboratory and diagnostic methods.  The authors draw attention of medical criminalist experts to the general methodological principles for such expertise: rational choice of methods, evidentiary value, and the limitations of the capabilities of methods, limitations to the studies and form for the conclusions. Strictly speaking, the judicial medical establishment of generic type of calcius is only possible based on biological study methods. In all other cases it is more precise to speak of defining the origin of bones (native, ashed) to a human being, animal or a bird.