DOI: 10.25136/2409-7810.2020.2.31936

Abstract: The object of research is technical and forensic support for investigation of acts of arsons committed using fire accelerants such as benzine, diesel fuel, and other able-to-get highly inflammable and combustible liquids. The subject of research is the problem aspects of detection and identification of the traces of fire accelerants which change as a result of microbial decay of their components. The authors consider the impact of bacterial activity on the detection and identification of the traces of highly inflammable and combustible liquids after a fire in the soil and on the surfaces of construction materials with the help of gas chromatography. The article considers the ways to decrease the impact of microbial decay on the detection and identification of fire accelerants. The research methodology is based on general scientific and specific research methods, such as the dialectical method, analysis synthesis, generalization, the system-structural method, etc. The scientific novelty of the research consists in the analysis and solving of the problem of preservation of traces of fire accelerants with account for the modern state of technical and forensic support for investigation of arsons. It is established that selective decay of aromatic hydrocarbons and n-paraffins leads to the transformation of fractional composition of traces of fire accelerants and the complication of the analysis of the results of forensic examination. In order to improve technical and forensic support for investigation of arsons, the authors suggest adding triclosan-based anti-bacterial agents into standard cases used by investigators, inquiry officers and forensic specialists at the fire scene. It would prolong the period of preservation of traces of fire accelerants and increase the likelihood of their identification during the forensic investigation.   

DOI: 10.25136/2409-7810.2020.2.32672

Abstract: The evolution of the drug market in DarkNet and the dynamic character of development of drug markets oriented towards mass users-dealers and users-consumers have breached traditional methods of detection, prevention and combating crimes in the field of illegal drug trafficking. The purpose of the research is comprehensive analysis of a pro-drug segment of DarkNet, and development of a mechanism of counter-drugs activities by means of creation of a mirror digital counter-drugs space. The research subject is theoretical aspects of anti-narcotics policy and the key criminological characteristics of illegal drug trafficking in DarkNet. The research object is the set of social relations in the field of combating illegal actions in DarkNet. The author uses the methods of empirical research (observation, description), methods of theoretical research (analysis, synthesis, induction, deduction, expert assessment), general logical methods (generalization, idealization, analogy). The scientific novelty of the research is substantiated by the suggestions about the improvement of a single mechanism of counter-drugs activities on the Internet and creation of conditions for the formation of an ideology of anti-narcotic behavior in social media. The research contributes to the scientific development of the issues of criminological characteristics and the basis of criminal-legal prohibition of crimes in the field of illegal drug trafficking committed in DarkNet. Practical importance of the research consists in the fact that its conclusions and recommendations can be used for the development of international programs of combating drug-related crimes, interstate interaction, cooperation and partnership; in law-making activity aimed at the improvement of anti-drug legislation; in law-enforcement activity of law-enforcement agencies; in educational process and professional training of internal affairs officers.   

DOI: 10.25136/2409-7810.2020.2.33328

Abstract: The research subject is legal provisions contained in the Constitution of the Russian Federation and international treaties, aimed not only at the prevention of illegal assets movement in foreign jurisdictions and their recovery, but also regulating currency control for the purpose of maintaining sustainable socio-economic development of the state. The purpose of the article is to compare the sources of financial and legal regulation of combating illegal assets movement in foreign jurisdictions, analyze judicial and investigatory practice in order to eliminate problems and fill the gaps in legislative regulation of the mechanism of combating illegal assets movement in foreign jurisdictions and their recovery in the financial system of the state.  The main research methods are the method of dialectical scientific cognition based on the set of recognized specific and general scientific methods: formal-logical, which helps to explain legal provisions; comparative-legal, which allows conducting comprehensive analysis, assessment and comparison of various aspects; statistical, including data collection, analysis and generalization; and the method of intersectoral legal analysis, which allows considering legal institutions through the lens of legal branches. The article contains conceptual analysis of the tendencies of international cooperation in the financial and legal sphere; its functional purpose is the prevention of illegal assets movement and their recovery to the country of origin. The scientific novelty of the research consists in the detection of problem aspects of cooperation and the collision of the financial and legal legislation leading to significant socio-economic disparities of financial resources allocation, which, due to the concealment in offshore jurisdictions, lead to the decrease in incomes of budgets of the budgetary system of the Russian Federation and the state’s inability to perform its duties to the population, which are established in national programs. Particularly, the authors arrive at the conclusion about the necessity to strengthen government control over foreign trade operations.   

DOI: 10.25136/2409-7810.2020.2.32382

Abstract: The research subject is the descriptors of legal deontology within the structure of legal awareness organization of a personality of a future lawyer. The authors consider such aspects of the issue as the detection of descriptors of legal deontology in the process of formation of professional legal awareness of future layers. Special attention is given to the detection of such descriptors of legal deontology as understanding of its essence and importance, and readiness to use a person’s own commitments in practical activity which is important for the formation of ideas about the levels of legal awareness organization of a personality of a lawyer. The research methodology includes the main principles of the theory of legal deontology, whose ideology promotes understanding of moral structures of a lawyer’s personality with account for their activity. The key characteristics of morality in accordance with the provisions of descriptive theory allow forming the concept of the levels of legal awareness of a lawyer. The authors use the descriptive method based on the analytical descriptive jurisprudence of H. Hart; the sociological method (questionnaire survey) which helps to define the rank role of descriptors of legal deontology as a professional concept. The authors detect the descriptors of legal deontology which help to define the levels of legal awareness of future lawyers. It is established that the priorities in understanding the essence of legal deontology, and understanding the role and readiness to use the moral commitments are organized in such an order that professional attributes of a lawyer are in the first place followed by the moral ones.   

DOI: 10.25136/2409-7810.2020.2.32567

Abstract: The research subject is theoretical and practical development of the social need for legislative regulation of criminal legal prohibition of assembling a complete vehicle out of separate (sawed) parts. The research object is social relations ensuring criminal legal protection of order in the field of allowing to operate a vehicle. The author considers such aspects of the topic as the impact of a complete vehicle assembled out of separate (sawed) parts on road traffic safety. Special attention is given to the issue of legalization of stolen vehicles by means of assembling a complete vehicle out of separate (sawed) parts. The research methodology is based on dialectical, historical, comparative-legal, statistical, and sociological methods of scientific cognition. The author’s main contribution is the conclusion about the necessity to improve the legislation by means of modification of article 326 of the Criminal Code of Russia, which would allow strengthening criminal legal resistance to such phenomena as tampering or destruction of a vehicle, and ensure road traffic safety.