DOI: 10.25136/2409-7810.2021.4.31089

Abstract: The research subject is the essence of investigation and intelligence characteristics of crimes from the viewpoint of forensic science and the theory of investigation and intelligence activities. The research object is social relations emerging in the process of detection and investigation of crimes, theoretical substantiation and law-enforcement practice revealing the essence, components and parts of the mechanism of formation of investigation and intelligence activities. The author considers the correlation between theory and practice of forensic science and investigation and intelligence activities, and the feasibility of use of the term «investigation and intelligence characteristics of a crime». Based on the study of different opinions of the leading researchers in the field of forensic science and theory of investigation and intelligence activities about the definition of the essence, contents, classification and elements of the concept of «investigation and intelligence characteristics of a crime», and using different methods of scientific cognition, the author considers the feasibility and legitimacy of use of the esencial definition and its practical application. The main conclusion of the research is based on the viewpoints of well-known scholars, who have divided into two opposite camps. The representatives of one deny the concept under study, while the others, as well as the author, prove their opinion and state that the concept «investigation and intelligence characteristics of a crime» exists in the theory of investigation and intelligence activities. The author attempts to substantiate the feasibility of this definition. 

DOI: 10.25136/2409-7810.2021.4.34636

Abstract: The topicality of the research issue is determined by the fact that detection and solution of crimes committed in the modern conditions requires the use of scientific and technical achievements. Expert and forensic departments of the system of the Ministry of Internal Affairs are aimed at assisting the use of technical means and special knowledge at each stage of a criminal investigation. The article considers the issue of the use of a specific type of special knowledge - special forensic knowledge, when checking crime reports. The author substantiates the importance of this stage of initiation of a criminal case, and emphasizes the importance of the work of forensic specialists participating in collecting and analyzing the initial information about a crime. The article analyzes the legal grounds of the use of special knowledge of forensic experts of the Ministry of Internal Affairs. The author arrives at a conclusion that despite its importance, the work of experts with special forensic knowledge is not immune from drawbacks. The author substantiates the idea that it is important to improve the activities aimed at the use of special forensic knowledge at the stage of checking a crime report.  The analysis of the author’s experience as a forensic expert allows concluding that it is necessary to develop scientifically grounded recommendations of applicable nature, and optimize normative instruments regulating the use of special forensic knowledge at the stage of checking a crime report.  

DOI: 10.25136/2409-7810.2021.4.35844

Abstract: The author focuses on the reforms of criminal legislation in Russia, which were aimed at the humanization of criminal responsibility, and aggravate the problem of peculiarities of economic crimes penalization. The creation of effective criminal and legal provisions aimed at the prevention of economic crimes is impossible based only on the study of national experience in this field. The latter requires a system analysis of the existing legal provisions aimed at the prevention of economic crimes in foreign legislation. The author studies criminal legislation of some foreign countries regarding the imposition of punishment for economic crimes. The authors offer ways to formalize punishment for criminal crimes in Russia. The authors arrive at the conclusion that particular provisions of the Criminal Code of Russia testify that penalization performed, unfortunately, is characterized by unsystematic character, groundlessness and mutual incoordination of punishment imposed for particular economic crimes. One of the ways of development of legal regulation of rules courts are guided by when imposing punishment, is the study of strengths and weaknesses of corresponding legal regulations in foreign countries. Based on the analysis of legal regulation and practice of imposition of punishment for economic crimes in foreign countries, the author articulates the position about the advisability of introducing a model of limited formalization of punishment in Russia. In this respect, the suggested formalized mechanism should be introduced gradually and holistically, and should be accompanied by critical interpretation of foreign experience.

DOI: 10.25136/2409-7810.2021.4.26459

Abstract: The article considers the issues of the essence and the legal basis of criminal tracking activities, and the organization of these activities at the local level. The author analyzes the current problems related to the organization of criminal tracking activities by local internal affairs agencies. The article characterizes the tasks of tracking activities, describes conditions in which internal affairs agencies perform their duties at a local level, and detects factors influencing the operating conditions in this field of activity. The author analyzes forces and facilities used for criminal tracking, its results, and cooperation between internal affairs units in criminal tracking. The article contains suggestions about the optimization of organization and organizational support of criminal tracking activities by internal affairs agencies at a local level.

DOI: 10.25136/2409-7810.2021.4.36385

Abstract: The research subject is the system of social protection of law enforcement officers which includes various types of assurance depending on a particular situation. One of the types of assurance is public compulsory insurance of particular categories of public servants including internal affairs officers. Controversial issues appear in legal practice related to sectoral affiliation of legal relations in this sphere of insurance since legal relations are based on agreements (contracts). It influences the level of safety of internal affairs officers and defines the order of exercise of their right to insurance. The analysis of decisions of the Constitutional Court of Russia demonstrates that in this case it is not advised to assign paramount importance to agreement-based way of regulation, and arrive at the conclusion about the civil nature of these relations. The Constitutional Court has detected the presence of public obligation of the state underlying these relations and changing its nature. Besides, according to its functions, public compulsory insurance is in many respects similar to compulsory social insurance. Based on this fact, it’s possible to conclude that in its core, public social insurance corresponds with social assurance methods of insurance.

DOI: 10.25136/2409-7810.2021.4.34787

Abstract: The research object is social relations in the field of criminal-legal regulation of components of crime establishing liability for cruelty to animals (art. 245 of the Criminal Code of Russia). The research subject is Russia’s legislation establishing liability for cruelty to animals, materials of investigative and judicial practice, official statistics, and theoretical views of scholars on the problem of cruelty to animals. The research methodology is based on the general dialectical approach. The author also uses such methods as the logical method, formal-legal method, and teleological method. During the research, the author also uses general scientific and specific methods of scientific cognition. The scientific novelty of the research is determined by the fact that, based on a comprehensive system analysis of Russian legislation, it formulates theoretical provisions about the improvement and use of criminal regulations establishing responsibility for cruelty to animals. In particular, with account for the regulations of the Federal Law of December 27, 2018 No. 498 «On responsible attitude to animals and amending particular legal regulations of the Russian Federation», the author formulates the definition of the term «cruelty to animals» and proposals about particular issues of qualifying crimes considered in article 245 of the Criminal Code of Russia.