Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 01/2017
Contents of Issue № 01/2017
Rapid response and tactics
Khamidullin R.S. - Tactics of an Investigator in Cooperation with Executive Officers when Applying Special Criminal Procedure Standards in the Event of a Pre-trial Agreement pp. 1-12

DOI:
10.7256/2409-7810.2017.1.18648

Abstract: The subject of the research is regular patterns that appear in the process of concluding a pre-trial agreement between prosecutors and defenders at the stage of pre-trial criminal proceedings. The object of the research is the social relations arising during solution and investigation of crimes including those between an investigator, defender, accused (or suspect) and others while concluding a pre-trial agreement. The research article aims at analyzing the tactical and criminological role of the pre-trial agreement institution in the solution and investigation of crimes. The author has used a set of general and specific research methods including the standard logical method, systems approach, synthesis, analysis, deduction, induction and other research methods. According to the results, the tactical and criminological role of the pre-trial agreement institution is caused by the fact that this institution can be viewed as a mean to achieve a compromise between prosecutors and defenders. A compromise is an additional factor that may improve the process of pre-trial proceedings. This is especially important in case when the development of modern criminal and criminal procedure legislation affects the image of the criminological activity model. 
Deryugin R.A., Malykh A.A. - Tactical Particularities of Detection, Fixing, Withdrawal and Official Registration of Footwear Traces and Traces of Hands at the Crime Scene pp. 13-19

DOI:
10.7256/2409-7810.2017.1.20408

Abstract: The authors of the article examine issues related to detection, fixing, withdrawal and official registration of footwear traces and traces of hands at the crime scene. Special attention is paid to the methods of withdrawal of footwear and hands traces because these are the traces that are found at the crime scene most frequently. In its turn, accuracy and professional qualities of a forensic specialist allow to preserve trces and later use them during expertise. In their research the authors have used general research methods as well as specific research methods such as the standard logical method, systems approach, synthesis, analysis, induction, deduction and other research methods. The main conclusion of the research is that despite a great variety of methods used to withdrawal material evidence such as traces of hands and footwaer, the most efficient method is still the withdrawal of a trace together with an object. This is a rather universal method that keeps material evidence intact. 
The police and protection of human rights
Dzidzariya B.Yu. - Illegal Detention and Compensation for Physical or Moral Harm pp. 20-26

DOI:
10.7256/2409-7810.2017.1.19515

Abstract: In this research Dzidzaria conducts a comparative analysis of criminal procedure codes applicable in a number of European Countries and the European Convention of Human Rights with reference to compensation of physical or moral harm and rehabilitation. Based on the legislation of various countries, each citizen has the right to claim compensation for physical or moral harm incurred during application of procedural compulsion measures in case his or her innocence is proved. In case a citizen has been acquitted, he or she also has the right to rehabilitation and compensation of physical or moral harm. The researcher explains the reasons of why a number of criminal procedure codes do not conform to the European Convention on Human Rights articles regarding rehabilitation and offers ways to improve the aforesaid clauses of the criminal procedure codes. The methodological basis of the research involves the comparative legal method with its typical requirements for objectivity, comprehensiveness, historicism, and truth specificity. As a conclusion, the author emphasizes the need to establish and legally fix guarantees of the human rights as the basis of a constitutional state when the accused has the right to protect his rights in case his innocence is proved. 
Forensic activities and police work
Sulimov K.T., Ibragimova O.A. - Using the Jackal-Сanidae Bastards in the Analysis of Olfactory Traces in Criminology: History, Theory and Practice pp. 27-48

DOI:
10.7256/2409-7810.2017.1.20466

Abstract: In the detection and investigation of non-obvious crimes, criminologists are short of information about the identity of the perpetrators. The olfactory traces at the scene investigative personal data about participants of the event more than any other the next person.The article highlights the history of the national forensic odorologii, one of which is the formation of the participants co-author K.T.Sulimov was from 1966 to 1998., Discusses the arguments and perspectives in the gene pool of hybrids (bastards) Laika reindeer herding and European jackal.The name of the method gave Yuriy Lekanov, served as the chief forensic department of the Russian Federation Prosecutor's Office, the investigative method to introduce the practice.Article provides reliable evidence-based methods of preparation and use of dog odor detectors to identify the individual on the olfactory trail.
Dvortsov V.E., Kazanchev I.T. - Criminalistic Methods of Investigation of Crimes in the Sphere of Cadastral Activities pp. 49-55

DOI:
10.7256/2409-7810.2017.1.22153

Abstract: The object of study is the functional side, the system of actions and relationships that form the mechanism of crimes in the sphere of cadastral activity. The subject of the research is to study the processes of finding, collecting and using forensically relevant information for disclosure and investigation of crimes in the sphere of cadastral activity. The authors analyzed and classified the typical investigative situations that arise in the investigation of crimes of the specified kind, developed tactical recommendations for the detection and collection of forensically relevant information, fleshed out the contents of the special knowledge required for collecting and research evidence.The study used specially scientific and special methods, which are inseparably connected with each other and are used in scientific and practical forensic knowledge in the dialectical unity of the relationship.The relevance of the research topic is determined by the specificity of the issues in the field of cadastral activities, as a consequence, a weak competence on the issue of law enforcement, which gives rise to the last difficulty in the investigation of crimes of this type. The establishment of a comprehensive (synthetic) private criminalistic methods of crime investigation in the sphere of cadastral activities, providing integrated patterns of criminal activity on the stage precriminal, criminal and post-criminal situation in accordance with the criminalistic doctrine about the mechanism of the crime, will serve as a research springboard for the formation of a theoretically verified and are in demand of recommendations to improve the efficiency of the investigation of these acts.
The police and issues of the fight against terror and extremism
Baranov V.V. - On the Question about Legal Regulation of Internal Affairs Bodies Activities to Prevent Extremism on the Wide Area Network pp. 56-62

DOI:
10.7256/2409-7810.2017.1.21276

Abstract: The article is devoted to certain issues related to the process of legal regulation of internal affairs bodies activities aimed at prevention of extremism manifestations on the wide area network. The author analyzes internal and federal laws and regulations and offers measures to improve legal regulation of internal affairs bodies activities aimed at prevention of extremism manifestations on the Internet. The author also touches upon specific features of legal regulation of the aforesaid activity and defines pluses and minuses of legal regulation of internal affairs bodies activities in this sphere. The subject of the research is the legal acts regulating activity undertaken by internal affairs bodies in order to prevent and fight extremism. The methodological research basis includes dialectical materialism and general research methods based upon it such as analysis, synthesis, comparison and other methods used in legal sciences. The scientific novelty of the research is caused by the fact that for the first time in the academic literature the author covers the issues that may help to improve activity undertaken by internal affairs bodies to prevent and fight extremism manifestations on the wide area network. As a result of the research, the author has analyzed international and federal legal acts and offered measures to improve legal regulation of internal affairs bodies activities aimed at prevention of extremism on the Internet. 
Professional training of police officers
Sazhinova E.V., Pshenichnaya V.V. - Law Enforcement Officers' Personal Qualities Affecting the Efficiency of Their Professional Activity pp. 63-69

DOI:
10.7256/2409-7810.2017.1.19840

Abstract: The subject of the research is the law enforcemet officers' personal qualities affecting the efficiency of their professional activity. The authors of the article view professionally important qualities as certain dynamic personality characteristics, psychic and psychomotor attributes (associated with particular psychic and psychomotor processes) as well as physical properties that are necessary for adjusting to a particular speciality and successful acquisition of particular skills. The authors of the article analyze a great number of different approaches to defining 'professionally important qualities'. The authors provide a summary of the main conceptual approaches to developing professionally important qualities of law enforcement officers. The theoretical and methodological basis of the research involves fundamental principles of personality psychology as well as the main theoretical provisions of the activity approach to personality development. The author's contribution to the topic is caused by the fact that based on the theoretical analysis, they aim at defining professionally important qualities of law enforcement officers. Analysis of diagnostic data obtained in the course of the research proves that professionally important qualities of law enforcement officers should include emotional resilience, high responsibility and low level of trait anxiety. 
Question at hand
Kobets P.N. - The prevention of Child Pornography Distributed on the Internet (the Experience of the Police of the Netherlands) pp. 70-80

DOI:
10.7256/2409-7810.2017.1.21673

Abstract: The subject of the study was the analysis of foreign experience, regarding developing common approaches to the formation mechanism of combating child pornography on the Internet. The author dwells on the problem of analysis of the nature of child pornography, its causes, in order to counter this phenomenon. In addition, the article examines Dutch law, the organizational structure of police units, the division of labor between the police and the problems faced by law enforcement agencies of the Netherlands in the process of conducting an active struggle against child pornography in cyberspace. The methodology of the study consists of General scientific methods of cognition and special legal methods: formal-legal, comparative-legal analysis; analysis; synthesis; logical method; method of legal modeling, and forecasting. The author comes to the conclusion that the police forces of different countries should cooperate to a greater extent than they do currently to counteract crime on the Internet with maximum efficiency. The novelty of the research is that it develops and refines the theory of modern information technologies and their impact on crime. For example, the use of information technology, the author shows the consequences that lead to distribution of child pornography.
Law and order
Rubtsova Yu.S. - Causes and Conditions of Official Negligence of Inquiry Officers of Russian Interior Ministry in the Proceeding of Preliminary Investigation and its Preventive Measure pp. 81-90

DOI:
10.7256/2409-7810.2017.1.21345

Abstract: The object of the research in the article is the negligence of inquiry officers of Russion Interior Ministry at the preliminary investigation as a structurally integral criminological phenomenon. The subjects of the research are the development trends as well as problems and scientific discussions related to criminological issues of official negligence of inquiry officers. The author considered the causal complex of negligence during the preliminary investigation in the form of inquiry, formulated a set of preventive measures of negligent behavior of inquiry officers, and identified priority areas of prevention of the corpus delicti. The methodological basis of the research of this article made the following general scientific and private scientific methods: induction and deduction, analysis and synthesis, the method of sociological surveys, descriptive and analytical, formal-logical and statistical methods. They are allowed to explore comprehensively the phenomenon of official negligence in the proceeding of preliminary investigation in the form of inquiry. The originality of the research lies in the fact that criminological characteristics of careless malfeasance committed by the special subject (inquiry officer) were considered for the first time. We have identified as a result of research that the priority areas of prevention of negligence of inquiry officers were: reduction of administrative personnel management, recruitment of inquiry must come from the available load; changes in the evaluation criteria of activity of the internal affairs; clear legislative regulation the list of powers of inquiry officers, not permitting a broad interpretation; eradication of legal gaps, duplication and ambiguity of law; security the rights, social, material, moral and psychological conditions and the necessary guarantees for the service, raise the social status and the prestige of working in the internal affairs; education and training of inquiry officers, individual impact on the particular inquiry officer; amplification the institutional and procedural controls, compliance with the principle of inevitability of criminal and disciplinary responsibilities. The conclusions formulated by the author in the article expand the scope of scientific knowledge about the phenomenon of official negligence in the proceeding of preliminary investigation in the form of inquiry, and determine the direction of further scientific research and optimization of the existing legislation.
Law and order
Ivanov A.G. - Operational Search Safety of Protected Persons: Realization Problems pp. 91-99

DOI:
10.7256/2409-7810.2017.1.20528

Abstract: In article some problems arising in case of implementation by operational divisions of law-enforcement bodies of the security measures established by the legislation concerning participants of criminal trial and other protected persons are considered. Today the sphere of the considered legal relationship is regulated by two Federal laws and a number of regulatory legal acts of various level. However there are a lot more unresolved questions in case of practical application of measures of the state protection. The author focuses attention that for a number of both the objective, and subjective reasons not all measures enshrined in legal documents are applicable in the course of the state protection of participants of criminal trial and other protected persons. The specified questions are researched by means of logical and system methods, the analysis and synthesis, legallistic, comparative and legal and historical and comparative methods of knowledge. The main conclusion of the conducted research is the line item about need within ensuring protection of participants of criminal trial and other protected persons to accent work on identification and neutralization (in a legal sense of this word) a threat source. And in this key it is necessary to organize work of divisions of the state protection.
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