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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 04/2016
Contents of Issue № 04/2016
Person and citizen within security systems
Suponina E.A. - The Question of the Protection of Confidential Information in Cases of Administrative Offences Committed by Minors pp. 1-8

DOI:
10.7256/2409-7810.2016.4.19535

Abstract: The subject of the research is the issues of implementing the rights of minors to information and information protection when considering cases on administrative offences to the competent bodies. The purpose of the research is a theoretical and applied analysis and justification of the ways of efficiency of forms and methods of fight against violations of information rights of minors in the process of proceedings on affairs about administrative offences of minors, primarily at the stage of consideration of such cases. The object of the research is a set of social relations arising in the process of creation, distribution and consumption of information directly related to the guarantees of rights of minors to informatin as an essential fact of their reality. The methodological basis of the research involves dialectical research method, hiostorical, systems, and complex analysis as well as special research methods such as historical, logical, systems, structural-functional, comparative-legal, formal-dogmatic, etc.  Application of various methods and their combinations has allowed to understand and reveal the subject of the research. In the course of the research the author has used provisions of the general throgy of the human rights, social management systems, generally accepted standards of international law, provisions of the theory of law and state, civil, criminal, administrative law and other legal sciences. The scientific novelty of the research is caused by the fact that for the first time in the academic literature the author discusses the problems of information security in proceedings on minors' administrative offences run by internal affairs bodies and bodies dealing with Departments of Internal Affairs in the process of solving mutually set goals based on the analysis of the applicable legislation of the Russian Federation in the sphere of information protection. Based on the analysis of standard regulations and law enforcement practice the author carries out a research of the information system used in administrative offences proceedings as well as classifies and describes different kinds of information constituting this sytem. The author of the article theoretically substantiates the main areas for improving the information protection system in the course of proceedings on administrative offences commited by minors and suggests certain amendments to the Administrative Offenses Code of the Russian Federation, information legislation, regulatory and legal framework regulating social relations in the sphere of protecting the rights and interests of minors as a special population category of our country. 
The police and protection of human rights
Sitnikova A.A. - The Problems Related to Execution of a Punishment and Rehabilitation of Women pp. 9-14

DOI:
10.7256/2409-7810.2016.4.18897

Abstract: The importance of the given article is caused by the fact that it defends the rights and freedoms of convicted women (isolated from society) including the right to resocialization. Execution of a punishment and rehabilitation of convicted women is a complex problem due to the great number of imprisoned women and the need to improve the penitentiary system of punishments endured by women. The majority of convicted women have small children so their return to society and resocialization are very important for the future generation. The methodological basis of the research involves a set of general and specific research methods including systems-structural approach, synthesis and analysis, technical, logical, comparative legal, statistical and others. The author offers to establish support, assistance and control over behavior of convicted women at the legislative level as well as additional stimuli for women whose judgement has been suspended due to women having small kids. The author also offers to specify measures aimed at accomplishing the constitutional rights and freedoms of convicted women who endure their punishment by being isolated from society. 
Sidorova N., Habarova E.A. - Concerning Applying Criminal Procedure Compulsion Measures to Suspects and Accused of Extremism pp. 15-23

DOI:
10.7256/2409-7810.2016.4.20757

Abstract: The purpose of the present article is to analyze particular issues arising in the process of applying criminal procedure compusion measures (in particular, taking in custody or pre-trial restrictions) in criminal proceedings on extremism. Based on the Russian criminal procedure legislation and judicial practice of the Supreme Court of the Russian Federation as well as Russian courts of general jurisdiction, the authors of the article analyze particular relations arising in the process of applying the measures of procedural compulsion. These relations are usually legally restricted in the most severe way. The methodological basis of our research involves general and specific research methods that are usually used in social studies and law and based on the dialectical understanding of the reality. All measures set forth by Russian criminal law can be applied to criminal proceedings on extremism. When selecting a punitive measure in each particular proceeding on extremism, it is necessary to take into account general and specific conditions in which these measures will be used. Moreover, it is important to take into account the preventive influence of these measures on individuals who committed extremist actions and individuals who are only going to commit extremist actions.  
The police and criminal procedure
Belyakov A.A., Khamidullin R.S. - Tactics for Implementing Standards of Special Criminal Proceedings when Concluding a Plea Deal Against Illegal Druck Trafficking pp. 24-30

DOI:
10.7256/2409-7810.2016.4.18741

Abstract: The subject of the research is the patterns arising in the process of concluding a plea deal between a prosecuting authority and defense team at pretrial stages of criminal proceedings. The object of the research is the social relations arising in the process of detection and investigation of crime including relations between investigators, defenders, suspects (accused) as well as other parties during conclusion of a pretrial cooperation agreement. In their research the authors pay special attention to analyzing the tactical-criminalistic institution of pretrial cooperation agreement to detect and investigate crimes in the sphere of illegal druck trafficking. The authors have used a set of general and specific research methods which included such methods as standard logical method, systems method, synthesis, analysis, deduction, induction and other methods of research. Peculiarity of implementing standards of special criminal proceedings when concluding a pretrial cooperation agreement is that it is viewed as a method of reaching compromise between prosecutors and defenders. The compromise is an additional factor of improving the process of pretrial proceedings. This is especially important for detection and investigation of crimes in the sphere of illegal druck trafficking. 
Deryugin R.A., Vinogradova O.P. - Challenges of Detecting and Investigating Thefts of Mobile Communication Devices pp. 31-36

DOI:
10.7256/2409-7810.2016.4.19275

Abstract: The article covers challenges of investigating crime related to thefts of mobile communication devices as well as analyzes particularities of obtaining information on connections between subscribers and/or subscriber devices by pretrial investigation agencies in the process of the aforesaid crime solution. Based on particular examples of investigatory and judicial practice the authors emphasize the important forensic and evidential significance of information received from a communications provider in the process of proceedings or investigatory actions set forth by Article 186.1 of the Criminal Procedure Code of the Russian Federation. In their research the authors have used a standard logical method, systems approach, analysis, deduction, induction and other research methods. The scientific novelty of the research is caused by the fact that the authors provide statistical data about crimes in Russia for 2015 which proves that the greater percent of the total number of lucratively inclined violent crimes is thefts of mobiles. Moreover, the research has allowed to bring forth topical issues of the organisation of detecting and investigating the aforesaid category of crimes. 
Operative investigation in police work
Mamleev R.R. - Means and Methods of Conducting Investigative Activities Aimed at Obtaining Computer Information pp. 37-45

DOI:
10.7256/2409-7810.2016.4.20785

Abstract: The article is devoted to methods and means of conducting investigative activities aimed at obtaining computer information. Based on introduction of boundary conditions in order to define a typical object to be researched as part of conducting an investigative activity, the author describes specific approaches to the preparation of such investigative activity aimed at obtaining computer information. The author analyzes development prospects of investigative activity in the sphere of computer technologies and clarifies a classification of programmed and technical means designated for unofficial obtaining of computer information. The author analyzes particularities of objects of investigative activity in the sphere of computer information and conducts a comparative analysis of typical programmed devices that may be interesting for the actors of investigative activities conducted by internal affairs. The author also makes an attempt to substantiate general principles of conducting investigative activities aimed at obtaining computer information depending on the classification of computer systems under research. The author also substantiates means and methods required to conduct an investigative activity 'obtaining computer information' as well as outlines boundary conditions for conducting an investigative activity under research. 
Professional training of police officers
Dolgikh I.P. - Training of Police Officers in Russia: the Correct Way to Go? pp. 46-55

DOI:
10.7256/2409-7810.2016.4.18934

Abstract: The subject of the research is the principles and patterns, contents and organisation of training police officers in the Russian Federation. The object of the research is the primary training of law enforcement officers of the world's leading powers and Russia. The purpose of the research is to improve the training of police officers. Goals of the research include: 1) to analyze the modern condition of training police officers in Russia and to define developmnent trends and drawbacks of the current system of training; 2) to develop recommendations on how to improve vocational training of police officers. The methodological basis of the research is the theory of knowledge and research results related to application of the knowledge theory to the system of training. To achieve the research goals and objectives, the author has used theoretical and empirical methods. The novelty of the research are caused by the following facts: 1. The author gave an objective analysis of the current state of the vocational training for persons newly recruited to the police. 2. For the first time in the academic literature the author gave a principled assessment of the organisation and the quality of police training in the faculties of vocational training at educational institutions of the MIA of Russia. 3. The author developed offers on optimization of vocational training of police officers.
Kostyuchenko K., Nazarov M. - Character Situational Targets for Law Enforcement Agencies pp. 56-62

DOI:
10.7256/2409-7810.2016.4.19329

Abstract: The subject of the research is the problems of training law enforcement officers to use weapons. Each law enforcement officer needs not only to be able to shoot in any conditions but also to immediately make the right decisions about whether to use weapons or not in accordance with the law. It is possible to practice typical situations in which it may be necessary to use weapons only if special situational targets are used (police or tactical targets). However, the targets that are used nowadays have certain drawbacks: high cost, limited scope of application, etc. The methodological basis of the research involved general philosophical methods such as observation or modeling as well as the method of comparative analysis and systems approach. The main conclusion of the research is that training should model all kinds of real situations. This is why the authors offer to use innovative character situational targets that are standard targets with role elements (a knife, gun, grenade, etc.) and consequently more universal and less expensive. 
Foreign police forces
Tinyakova E.A. - Why American Investigation Experience be Useful for Russian Criminal Reality (the Case Study of the On-Line Course 'Proven Guilty? Social Science about False Charges' of the University of Pennsylvania, USA) pp. 63-70

DOI:
10.7256/2409-7810.2016.4.18977

Abstract: The object of the present research is the fragments of American criminal investigation technique to be compared by Russian specialists. The subject of the research is the method of criminal investigation, particularly interrogations, in American criminal practice. Special attention has been paid to false confessions and the reasons leading to them. They may be due to professional competence of investigators, criminal personality, close and distant criminal surroundings and the use of the data and information in court. The author considers the role of language in criminal investigation in detail. American criminal reality has special characteristics such as multi-ethnicity, high percent of coloured population sometimes with historic aggrevation, a lot of immigrants. These factors cause rather stern criminal policy in US that may be useful for Russian criminal reality. The methods of research included listening to the lectures of the on-line course from Pennsylvania University by Dr Tim R. Robicheaux, studying examples of criminal cases, doing quizes. The main conclusion is that the material of the article can be useful both for making criminal investigation more tense and objective and for crime prevention. Language manipulation may be a strong criminal instrument in addition to facts, still language leads to discovering facts. The author's goal was to emphasize the role of language manipulation during investigations taking into account American experience and creating prospects for Russian experts in criminology. 
The issues of interaction between police and other law enforcement authorities and institutions
Raschetov V.A. - About Prosecuting Agencies in the Mechanism of the Government pp. 71-80

DOI:
10.7256/2409-7810.2016.4.18959

Abstract: The object of the present research is legal actions of the government in the sphere of regulating legal relations related to criminal proceedings. The subject of the research is the activity of government authorities aimed at criminal prosecution of individuals who had violated the law. There is an opinion that agencies authorized to prosecute criminally can be viewed as prosecuting agencies due to the fact that their prosecuting activity is of governing nature while prosecutive jurisdiction is a constituent of state authority. But does it exist in reality? In his research Raschetov has used universal research methods (such as dialectical materialistic method) and general research methods such as deduction, induction, analysis, synthesis and logic. The scientific novelty of the research is caused by the fact that the author offers a new approach to defining the nature of prosecuting authority as well as a specified definition of prosecuting authority and definitions of prosecuting agencies based on the analysis of the criminal procedure legislation of the Russian Federation. Conclusions of the research are the following: prosecuting authority objectively exists and so do prosecuting agencies and bodies.  
Makarchuk I.Y. - Caution as a Legal Mean of Activity Performed by Deputy Prosecutors of District Courts pp. 81-85

DOI:
10.7256/2409-7810.2016.4.21199

Abstract: The subject of the research is the application of caution in the activity conducted by deputy prosecutors of district courts. The problem is viewed based on the analysis of Organisations of Judicial Institutions and Regulations of Criminal Proceedings as the most important regulatory acts of the Judicial Reform of 1864. Associated issues viewed by the author include application of cautions in reation to judicial and prosecuting officials as well as cautions made by the Justice of the Peace in case the police does not perform instructions of the Justice of the Peace. As a concluding provision of the article, the author makes a historical comparison between cautions used in pre-revolutionary Russia and today's law enforcement practice. The research has been carried out using the following methods: dialectical, formal logical, systems, historical legal and comparative legal methods. The results of the research have allowed to conclude that caution was used rather limitedly in activities performed by deputy prosecutors and only when there were specific legal grounds. Moreover, even though cautions of deputy prosecutors were a disciplinary action, taking into account the initial position of the latter in the hierarchy, they were more of preventive than punitive nature. Deputy prosecutors declared cautions to particular entities and in relation to a particular action being committed. The author of the article also underlines that the Russian legal system has an essential succession in the legal regulation of cautions. 
Question at hand
Bukalerova L.A., Nesterov S.V. - On the Question about Forms of Accompliceship Set Forth by Articles 208, 209, 210 of the Criminal Code of the Russian Federation pp. 86-96

DOI:
10.7256/2409-7810.2016.4.19399

Abstract: Researchers recognize that the institution of criminal accompliceship forms is one of the most complex and debatable issues in criminal studies. One of the main attributes of defining a form of accompliceship is the degree of participants' action coordination both in the process of preparation and commitment of a particular crime. The subject of the research is a set of objective and subjective characteristics of accompliceship that describe mutual actions performed by participants and reflect the degree of their action coordination when preparing or committing crimes as well as the degree of the social danger of a crime or crimes themselves. To ensure an objective and in-depth research, the authors compare the results to empirical research data provided by other researchers on associated matters. The authors have used the following methodological grounds: a set of general and special research methods taken from social studies and law. The authors define a 'criminal organisation' as a stable and structured organised group or association of organised groups acting under one leader which members are disciplined, conspired or united for the purposes of mutual commitment of one or several grave or gravest crimes in order to directly or indirectly receive material benefits and which have a financial basis, weapons or possibly corruptive relations with authorities. 
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