Abstract: The article is devoted to very important issues, investigation of human traficking and relation of such organizations with groups of terrorists. The authors of the article compare different definitions of the term 'strategy' and find the most preferred variant. The authors describe typical investigative situations that may arise during detection of criminal and release of victim as well as terms and conditions to follow in order to conduct a successful detention of suspect in human trafficking. The strategy of 'detention of criminal' is described stage by stage. The authors also pay their attention at the stage of preparation for detention when information about suspect and place of detention is reviewed. The authors analyze statistics concerning places of detention and describe the process of detention of criminal and release of victim. The authors describe methods of detention at apartment buildings, places of employment of participants in human trafficking and places of receiving the ransom. The authors analyze a case when the location of victim is not known and offer plans of actions for police officials and investigators participating in implementation of such strategies. 

DOI: 10.7256/2306-4218.2013.2.782

Abstract: In 1910 Korea became part of the Japanese Empire. By 1925, 103 thousand of Korean workers who migrated to Japan consisted of builders (54.5 %), factory workers (28%), miners (8.3 %), servants and housekeepers (6.7 %) and dockers (1.8%). Specific mentality of Japanese people and how they perceived the world had a cetain impact on their attitude to immigrants. As the research of the Japanese Ministry of Foreign Affairs held in 1925 showed, Japanese viewed Koreans as the 'lower race'.This article is the first one in Russian historiography to describe and analyze the reasons of the Korean massacres in Japan in September of 1923. According to the author, the reasons were: 1) Japanese government tried to transfer the citizens' discontent on Korean Diaspora; 2) even though anti-Korean attitudes seemed spontaneous, the author believes it to be the results of induced will of the Japanese government. The professor of the University of Tokyo Uesugi Sinkiti critisized the government's actions towards Korean Diaspora. He clamed that police actually circulated rumors against Korean people and arrested and killed many innocent people.

DOI: 10.7256/2306-4218.2013.3.8914

Abstract: The article concerns legal and organizational problems of implementation of social policy within the Ministry of Internal Affairs of the Russian Federation. The author analyzes the legislation on social guarantees for the police personnel and formulates proposals for the improvement of the social policy. In order to form modern police forces, to make law-enforcement service in the internal affairs bodies more prestigious, there is need to form a legal mechanism for the social protection of internal affairs bodies personnel.  The priority goal is to improve the level of legal and social protection of the police staff, as an element of social and legal protection of a person in the Russian Federation.  The police salaries are important for making police work prestigious, and for the support of rule of law and discipline of the personnel.  Special status of police officers presupposes the state insurance of his life and health. Every police officer has a right for protection of health and medical aid.  The officers are also provided with the traffic documents for any type of public transportation.

DOI: 10.7256/2409-7810.2014.2.13851

Abstract: It is noted in the article that, on the one hand, many public norms and public law functions in general are mostly aimed at private interests protection. On the other hand, any legal norm, stating the private-law bases of any social relations, is per se the public one at least because it is, firstly, authorized by the state and becomes a part of the national legislation, secondly, it can't contradict and threaten the very state system and the nature of public management. The methodological base of the article contains the up-to-date achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, system approach, analysis, synthesis, analogy, deduction, observation, modeling), traditional juridical methods (formal logical method), and methods, used in specific sociological research (statistical method, expert evaluation, etc). Existence and development of civil society is impossible beyond a complex system of social relations and without participation (direct of inderict) of the state, particularly by means of issuing and implementation of norms of private and public law. Civil society is also influenced by the political system of the state, the quality of which affects the models of social development. 

DOI: 10.7256/2409-7810.2015.2.14746

Abstract: The article describes the peculiarities of the existing legal regulation and enforcement practice in the legislation on compulsory civil liability insurance of vehicles owners application in the Russian Federation. The study focuses on the issues of judicial practice, the peculiarities of consideration of cases by the courts of the relevant category, gives the statutory parameters of the jurisdiction differentiation in appropriate cases and the ways of insurance compensation which are legally established and can be granted to the aggrieved party; the author reveals the role and importance of liability insurance. The methodology of the research is based on a set of general scientific and special methods of objective socio-legal reality cognition in the studied field: the methods of analysis, synthesis, generalization and systematization, the formal logical method. The article examines and analyzes the key aspects of regulations of the current legislation on compulsory liability insurance of vehicles owners. The conclusions of this paper can be used by law enforcement bodies for investigation of the cases of the relevant category, judges, students, graduate students, and all those interested in jurisprudence.

DOI: 10.7256/2409-7810.2015.3.15986

Abstract: As in many countries in the world, one of the problems of childhood in Russia is a prevalence of problem families, cruel treatment of children and all forms of abuse of children. The article presents a range of recommendations for the Russian legislator about implementation of the provisions of the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, “the Lanzarote Convention” of 25.10.2007, ratified by Russia in the Federal Law of 07.05.2013 ¹ 76-FZ. The methodology of the research is a set of general scientific and special methods of cognition. The methodology is based on the dialectical method with its requirements of objectivity, comprehensiveness, historicity, and distinctiveness of the truth. Among general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As the special method the comparative legal method is used. According to the article 26 of the Convention, a legal person can be held liable for an offence established in accordance with this Convention, committed for its benefit. Among these offences are child pornography, sexual exploitation and sexual abuse. The bill of the Federal Law “On Amendments to Particular Legislative Acts of the Russian Federation after the introduction of criminal liability of legal persons” has been discussed in Russia for several years. Thereupon the authors suppose that it is necessary to pay special attention to sexual offences against children committed by legal persons. 

DOI: 10.7256/2409-7810.2016.2.17268

Abstract: Environmental safety carried out by the internal affairs bodies by means of various honeys and aimed both at ensuring the protection of public order and safety and the protection of nature (forest fauna), detection and suppression of violations of shooting rules. Monitoring compliance with the rules of production, storage, transportation and use of substances tear and irritating for equipment of special means of defence not only provides security but also the environment (atmosphere). 

DOI: 10.7256/2409-7810.2016.1.17718

Abstract: The subject of the research is the practical application of the provisions of the Federal Law No. 15-FZ dated February 23, 2013 'On Protection of Public Health from Exposure to Environmental Tobacco Smoke and Consequences of Tobacco Use' by police officers. The object of the research is the provisions of federal laws, laws of the Russian Federation constituents and relevant provisions of the federal regulations regulating the implementation of administrative measures by police officers in order to prevent and/or impose administrative sanctions for violating the requirements of the Law No. 15-FZ. The researcher has used such research methods as the dialectical research method, logical and sociological methods. The researcher has also applied a set of theoretical (analysis, synthesis, induction, deduction) and empirical (observation, description and comparison) methods. The main conclusions of the research are the guidelines that will guarantee the legality of law-enforcing activities performed by police officers of the regional offices of the Ministry of Internal Affairs of Russia, in particular, their observation of the human and civil rights and freedoms when implementing administrative measures in order to prevent violations and impose administrative sanctions for committing administrative offences in a public place. 

DOI: 10.25136/2409-7810.0.0.23094

Abstract: The aim of this work is to develop a complex criminal and criminological measures aimed at the prevention of crimes in the sphere of cadastral activity. This aim is achieved through realising the following objectives: studying the latest works on criminal law and judicial practice; survey of law enforcement officers specializing in the investigation of crimes in the sphere of economic activity; and implementation of results obtained during the peer reviews. The object of the research is the problems of criminal protection of relations in the sphere of cadastral activity from the encroachments of cadastral engineers (Article 170.2 of the Criminal Code of the Russian Federation). The authors used general and special research methods such as formal logical method, systems approach, principle of continuity of method and truth, analysis and synthesis. In addition, they used the method of expert evaluation. One of the positive tendencies of the modern criminal policy is the recognition of the priority of prevention of criminal encroachments which is proved by the changes made in the Criminal Code within the last five years, one of which was the introduction of criminal responsibility of cadastral engineers (Article 170.2 of the Criminal Code). However, this crime has a high latency level, the damage to individuals, organisations and the state is constantly growing, and there are a lot of crime determinants that contribute to crime in this sector, therefore, the authors offer a set of criminal and criminological measures that will allow to achieve tasks of combating crime in this area at the least cost to society, in particular without fully using a complex mechanism of criminal justice and without the use of this form of state coercion as a criminal punishment.

DOI: 10.25136/2409-7810.2018.1.25599

Abstract:  The subject of the research is the legal sources that describe training of vehicle drivers who conduct passenger and freight transportation as well as granting a driving permit to a driver. The object of the research is the legal relations, phenomena and processes arising in the course of training vehicle drivers. As a result of his analysis of research literature and legal acts, the author of the article describes the existing structure of vocational training of vehicle drivers in comparison to the draft Federal Law that sets forth qualitative changes in training of vehicle drivers. In his research article Kalyuzhny analyzes administrative and legal aspects of a fundamental improvement of vehicle drivers training. The methodological basis of the research includes general and special research methods (formal law, analytical method, systems approach, analysis, synthesis, modelling, comparison, etc.). The novelty of the research is caused by the fact that the author of the article analyzes the  main changes in the legal acts and regulations that are aimed at improving vocational training of vehicle drivers conducting passenger and freight transportation and gives recommendations regarding how to improve it. The main conclusion made by the author is his statement that the results of the analysis of the main road safety indicators over the last years show some regression as a result of passenger transportation accidents. As before, the human factor has the most effect on the number of accidents including the quality of training of drivers. Thus, the need to improve the training of vehicle drivers who conduct passenger and freight transportation is an important and topical issue which will surely have a positive effect on decreasing the number of road traffic accidents. 

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: 10.25136/2409-7810.2021.2.35904

Abstract: The research subject is international and foreign legislation in which a person’s consent to or request for infringement of their rights and legal interests indicates their acquiescence to their unreliable property management. The author uses dialectical, logical, historical-legal, formal-legal, and comparative-legal research methods which helped to detect various fields of social relations in which the legislation regulating a person’s consent to damage is used, thus hampering the unification of the legal understanding of this facultative phenomenon. The consideration of a person’s consent to damage as a manifestation of private interest in international law and the legislation of particular countries will allow adopting the best practices for the purpose of integrating this phenomenon into the Russian legal realia. The examination of international and foreign legislation regulating a person’s consent to damage to rights or legal interests demonstrates the need for the implementation of this phenomenon in Russia’s legal sphere, which would be a basis for a comprehensive assessment of the situation of the infringement of rights upon a person’s consent or request. The author studies international and foreign legislation to consider the evolution of social relations in which a person can implement his or her right and manage his or her property, and the regulation of the forms of exercising a personal interest consisting in the consent to damage to life and health. The scientific novelty of the research consists in the comprehensive consideration of international and foreign legislative experience in exercising personal right to be subject to damage, which determines the necessity to introduce such a legal phenomenon into the Russian legal realia based on the criteria of social benefit. The author’s contribution to the development of the topic is the suggestion to introduce a person’s consent to damage into the Russian criminal law. 

DOI: 10.25136/2409-7810.2021.3.36598

Abstract: There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.

DOI: 10.7256/2409-7810.2016.2.18538

Abstract: The artice is devoted to the activities of law-enforcement bodies, and the main divisions of police for identification and suppression of the offenses made by minors. Illegal acts of teenagers which became widespread now are considered. Circumstances about a tendency of growth and ways of activities of police for suppression of these acts are considered. The measures of administrative suppression realized by police officers in counteraction to offenses of minors are an independent kind of measures of administrative coercion and possess all signs of the last. The measures of administrative suppression realized by police officers in counteraction to offenses of minors are an independent kind of measures of administrative coercion and possess all signs of the last. The main conclusions in system of the administrative coercion applied by police officers to minors, measures of administrative suppression hold a specific place that is explained by duality of their target orientation: a) to stop the made illegal behavior, having protected the public relations protected by the law; b) not to allow illegal behavior to develop into penal act, having provided a possibility of realization of an arsenal educational and prophylactics for formation from the potential violator of socially useful personality.

DOI: 10.7256/2409-7810.2016.3.18676

Abstract: The present article is devoted to the enforcement of citizens' rights and freedoms through applying the administrative-legal mechanism of police activities. In her research Admiralova pays attention to constructive elements of this mechanism, moreover, these elements are analyzed and based on her analysis the author recommends what changes should be made in the current legislation. The author underlines that the process of enforcing citizens' rights and freedoms in the police administrative activities are performed through the mechanism of legal regulation that allows to combine various legal means and use them directly and purposefully as well as to subordine them to individual and public interests. The methodological basis of the research consists of the dialectical research method. The systems and activity approaches applied by the author as a branch of research methodology has allowed to analyze the mechanism of the administrative-legal enforcement of citizens' rights and freedoms as part of police activities from the point of view of laws and relations the structural elements of police activities have. The systemic nature of these risks creates the need to develop conceptual grounds of the administrative-legal enforcement of citizens' rights and freedoms by police agencies. Such approach to the issue allows to define the novelty of the present research and to make recommendations on hwo to create necessary conditions for guarantees of citizens' rights and freedoms in the process of performing particular administrative-legal activities by police. 

DOI: 10.25136/2409-7810.2019.4.28968

Abstract: The research subject is the classification of crimes against constitutional rights and freedoms of an individual and a citizen given in the article 19 of the Criminal Code of the Russian Federation. The author analyzes the classifications of crimes against constitutional rights and freedoms of an individual and a citizen contained in scientific literature and the difficulties in defining the object of particular crimes. The author gives attention to the connection between the classification of crimes with an object of a crime and proves the significance of classification for the purposes of classifying crimes and differentiating them from ancillary elements. The article describes the tendencies of development of the system of crimes against constitutional rights. The author uses general scientific and specific research methods including analysis, synthesis, deduction, induction, the systems method and the method of comparative research. The scientific novelty consists in the system analysis of the classification of crimes against constitutional rights and freedoms of an individual and a citizen and in the study of the system of such a system constructing. The author proves that the component elements of crimes established in the article 19 of the Criminal Code of Russia don’t cover all encroachments on civil rights known to criminal law.

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. 

DOI: 10.7256/2409-7810.2016.2.18636

Abstract: In the present article the author in detail considers such elements of the criminalistic characteristic as motive and the purpose of commission of falsification of results of investigation and search operations. The motive and the purpose of commission of this crime differentiates concepts. Besides such motives of commission of falsification of results of investigation and search operations as self-interest, revenge in detail are considered by the author, interests of service and other personal interest in a false manner understood, are specified by the purposes of commission of this type of a crime: criminal prosecution of the person, obviously not privy to commission of crime; honor infliction of harm, to the advantage and business reputation; satisfaction of departmental, corporate interests and satisfaction of personal interests. Complex application general scientific and chastnonauchnykh of methods of knowledge. Osnovanno on the conceptual provisions which are contained in works of scientists - jurists, criminalists, psychologists, philosophers, experts in theories of information, recognition, the organization of work, optimum control. Novelty of research is that the author has for the first time in detail studied elements of the criminalistic characteristic. Motives of commission of falsification of results of investigation and search operations, and also the purpose of commission of this type of a crime are investigated. On the basis of the presented materials can be offered corresponding organizationally - the tactical recommendations connected with identification, disclosure and investigation of this type of crimes at an initial stage of investigation.

DOI: 10.25136/2409-7810.2019.2.29462

Abstract: Protection of rights and legitimate interests of aggrieved persons is one of the most important tasks of law-enforcement agencies. At the same time, this task is not always solved in practice. The research subject of this study is the possibilities of legal education of aggrieved persons aimed at ensuring their rights and legitimate interests. The purpose of the study is the analysis of law-enforcement practice in this direction and the development of recommendations for the most effective usage of legal education of the above mentioned non-professional participants of criminal proceedings aimed at ensuring proper protection of their rights and legitimate interests. To solve this task, the authors use the general method of scientific cognition of and special scientific methods including synthesis, analysis, forecasting, comparison, etc. Based on the analysis of law enforcement practice, the authors find out that despite a large scope of rights granted to aggrieved persons, often they are not observed because their bearers are not aware of them. The authors give special attention to the need for legal education of aggrieved persons and offer to use the achievements of the forensic science for this purpose. The authors describe the key directions and forms of creating and introducing scientifically-grounded recommendations for aggrieved persons aimed at ensuring real protection of their rights and legitimate interests.  

DOI: 10.25136/2409-7810.2022.2.36546

EDN: IMXRDD

Abstract: The subject of the study is the regularities of the formation and functioning of the system of special knowledge, the synthesis of which forms the theoretical, legal, organizational and methodological basis of judicial cost expertise and evaluation activities. The object of the study is expert, investigative and judicial practice in cases related to determining the value of objects of expert research, as well as evaluation activities in evaluation organizations that perform cost studies of various objects. Special attention is paid to a comprehensive comparative analysis of forensic and evaluation activities, which allows you to distinguish between competence, regulatory regulation, essence, grounds for production, responsibility and the result of the activities of an expert and an appraiser. The main conclusions of the study are : judicial cost examination is carried out only on the basis of an investigator's decision or a court ruling containing legally fixed mandatory requisites; the evaluation of the object is carried out on the basis of contractual obligations. Also, the result of a forensic cost examination is an expert opinion containing mandatory details and having a structure fixed by the Law on Forensic Expertise and procedural legislation. It is important to distinguish between the legal status of an expert and an appraiser. An expert, unlike an appraiser, does not have the right to independently collect materials for forensic examination, involve other experts and specialists, interact with third parties. At the same time, the expert, unlike the appraiser, bears criminal responsibility and is a person who promotes justice and bears procedural responsibility.

DOI: 10.25136/2409-7810.2023.3.43967

EDN: VLDTBS

Abstract: The article discusses the possibility of the court, provided for in paragraph 5 of Part 2 of Article 281 of the Criminal Procedure Code of the Russian Federation, to make a decision on the disclosure of the testimony of witnesses and victims. This problem is investigated by the authors in the context of the fact that the parties should be given the opportunity to protect their interests by all means not prohibited by law, including challenging the read testimony and petitions for their verification with the help of other evidence, as well as by using other means that contribute to the prevention, detection and elimination of errors in court decisions. Based on the study of judicial practice, the authors consider the question of what is meant by the defendant's ability to challenge the testimony of a person testifying against him in ways not prohibited by law and whether it matters what position the defense takes on this issue. The article gives a critical assessment of the approach to solving this issue that has developed in law enforcement practice, which, in essence, "obliges" the defense party to file a petition for a confrontation in case of disagreement with the testimony of a witness. It is noted that this approach is obviously incorrect, and this position is justified. The authors come to the conclusion that depriving the defendant of the right to interrogate the participant showing against him is depriving him of the opportunity to demonstrate to the court the inconsistency of the testimony given by the victim or witness, which can become the key evidence underlying the court's conviction against the defendant. The authors of the article consider correct the position in which the court takes into account the non-confrontation between the accused and the victim, the witness at the stage of preliminary investigation as a circumstance preventing the disclosure of testimony, taking into account the position of the defense. The article evaluates proposals to improve the norms of criminal procedure legislation, taking into account the balance of interests of the parties.

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.   

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: 10.25136/2409-7810.2021.2.29450

Abstract: The research subject is the activity of public authorities and officials related to anti-criminal education of non-professional participants of criminal proceedings, and the legal regulation of such an activity within a criminal investigation. The authors study the role of legal awareness in criminal science. The research object is social relations regulating the activity at the level of public authorities and their officials aimed at legal education. The authors consider legal education as a part of an investigator’s work, which should be reflected in criminal science. The research methodology is based on the dialectical and formal-legal research methods, as well as the analysis of regulatory documents and criminalistic literature. The authors describe the role of legal education (in the course of their formation) within the structure of criminal science. It can be implemented within one or several tactical methods (their combination); as a general provision of the criminal investigation technique; as a subtheory of criminal science.   

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. 

DOI: 10.25136/2409-7810.2020.4.34975

Abstract: The research subject is the questioning of juvenile participants of criminal proceedings; the research object is the peculiarities of this investigative procedure. The research is of a theoretical nature; the authors analyze and study the particular aspects of the questioning of minors. The research is based on the formal-legal, comparative-legal and the systems methods. The authors study in details such aspects of the issue as juvenile crime statistics for 2008 - 2020 and the factors promoting its growth. Special attention is given to the preparation for the questioning and the very procedure of questioning of a juvenile person. The article contains preliminary and final conclusions. The authors consider the participants to the procedure of questioning of minors whose presense at the procedure is required, and the temporal limits for such an interrogation established by law. The urgency of studying the specificity of the status of a children's counsel is determined by the need for its statutorization, and contains in itself the novelty of the research. The formalization of the modernization of the conditions of the questionning of minors, and the issues of acceptability of its repetitive conduction are of a practical importance for law-enforcement activities. For the purpose of a comparative analysis, the authors consider the procedural peculiarities of the questioning of minors contained in the criminal procedure laws of China and Japan. 

DOI: 10.25136/2409-7810.2023.1.39427

EDN: HYAPJA

Abstract: The study is devoted to the current state of administrative offenses provided in article. 19.3 The Administrative Code of the Russian Federation, from 2018 to 2022, identify the police units that most often suppress this type of administrative offences. The results of the study showed that the most frequent administrative offences provided for in Article. 19.3 The Administrative Code of Criminal Procedure of the Russian Federation is suppressed by officers of the patrol and sentry service of the police - 61 per cent of the total and district police officers - 30 per cent. From 2018 to 2022, there was an increase of 29% in administrative offenses intercepted by officers of patrol police and 8.6% - district police commissioners. The number of cases dismissed for lack of evidence or event of an offense varies between 0.52 and 0.77 per cent of the total number of decisions taken. The novelty of the study lies in obtaining up-to-date objective information about the status and dynamics of administrative offences provided for in Article. 19.3 The Code of Administrative Offences of the Russian Federation, which is punished by police officers, and those police units whose officers most often punish this type of administrative offence. Field of application: scientific research - actualization of the study of the composition of administrative offenses provided for in Article. 19.3 The Administrative Code of the Russian Federation is suppressed by members of patrol police units and district police commissioners, as well as the vocational training of police officers. Police officers' examination of the administrative offences provided for in article. 19.3 The Code of Administrative Offences and the decisions taken thereon by the judicial authorities will reduce the number of cases dismissed.

DOI: 10.25136/2409-7810.2019.1.28719

Abstract: In 2016, the Criminal Code of the Russian Federation was amended with a new article 205.6 “Failure to report a crime”. It establishes responsibility for failure to report a person (persons) who have committed terrorist crimes. The failure to report a crime institution is a new one for the legal framework of modern Russia. However, it has been successfully functioning in some foreign states for a long time. The article studies the legislation of foreign countries establishing criminal responsibility for failure to report a crime. The main purpose of the research is to study the experience of this institution in some foreign states. The research methodology is based on the formal legal method, comparative-legal method, historical method and general logical methods of cognition, particularly, analysis, synthesis, induction and deduction. Scientific novelty of the research consists in complex analysis of the legislation of foreign countries influencing the international law, and the author’s recommendations to amend the list of such crimes. Failure to report a crime is contained in the legislation of many countries, regardless of the legal framework. Their only difference from this institution in Russia is the category of criminal actions within its scope.  

DOI: 10.25136/2409-7810.2021.1.34560

Abstract: The article considers the topical issue of a significant growth of crimes in the field of information technologies most of which are committed in the dark and hidden web. The research object is social relations in the sphere of Internet crime prevention. The research subject is the methods and mechanisms of crimes using information systems, and the technologies of information safety provision and deanonymization. The main task of the research is to develop the scientifically-grounded ideas aimed at the enhancement of the technique of analysis and assessment of crimes committed via information and telecommunication systems. The scientific novelty of the research consists in the fact that the authors systematize, generalize and analyze the standard mechanisms of committing crimes using information technologies. Based on this analysis, the authors formulate suggestions and recommendations. The article considers the main methods and mechanisms of information safety provision (anonymity on the Internet, and some promising technologies of deanonymization which can be used in the process of crime detection and investigation. The authors formulate a basic model of an offender which can be used for a primary profiling of a criminal. They also formulate an approach to the assessment of his potential which takes into account the peculiarities of using computer equipment in criminal activities in information and telecommunication networks.   

DOI: 10.25136/2409-7810.2019.1.28804

Abstract: The research subject is the process of teenagers socialization in terms of moral education as the principle of forming their legal culture. The authors consider teenagers’ legal culture taking into account the peculiarities of their socialization in terms of moral education. The authors give attention to the study of the peculiarities of teenagers’ temper, the incidence of  accentuation of personality traits and aggressive traits, taking into account their self-esteem and aspirations. The authors substantiate the essence of teenagers’ legal nature as a regulator of moral guides. The study is based on the law culture theory and the principles of formation of a person’s legal culture during their socialization. The authors use Schmieschek questionnaire to reveal the structure of accentuation of personality traits and Buss-Durkee Hostility Inventory. To evaluate the self-esteem level and the level of aspirations, the authors use Dembo-Rubinstein scale. The authors use percentage calculation to process statistical data. Scientific novelty of the study consists in detecting the structure of psychological peculiarities in order to estimate the level of teenagers’ legal culture. The authors detect the largest concentration of accentuations defining temper as energetic, dynamic, excitable and uncontrollable, which is a sort of the first risk zone for legal socialization 24% of teenagers tend to demonstrate the signs of indirect aggression: soreness (9%), suspicion (5%) and verbal aggression (10%). The authors note the growth in the number of verbally aggressive girls which is the sign of the low level of legal culture Most teenagers have medium and high levels of self esteem. They also have medium and high levels of aspirations, which is the factor of balanced development and legal activity of a person.

DOI: 10.25136/2409-7810.2022.2.38094

EDN: INLXPX

Abstract: This article provides a brief overview of the experience of the functioning of two parallel investigative apparatuses in the system of the Ministry of Internal Affairs of Russia: investigation and inquiry. The author convincingly proves that in the course of the development and improvement of pre-trial proceedings in the country, individual reformers have repeatedly attempted to completely eliminate the inquiry as an independent form of preliminary investigation, which, however, did not happen due to a number of reasons. The article also focuses the attention on the imperfection of the normative legal acts of the Ministry of Internal Affairs of the Russian Federation, which, according to its author, need deep scientific understanding and updating against the background of new emerging threats from the criminal world. That is why the place and role of the bodies of inquiry functioning in the system of the Ministry of Internal Affairs of the Russian Federation in parallel with the investigative authorities need to be clarified. Discussions on the subject of elimination and preliminary investigation do not cease, and in the context not so much of the creation of a single (non-departmental) investigative committee in its completed form, as in the framework of a strategy focused on the complete deformation (deprocessualization) of pre-trial proceedings in criminal cases as a whole. In any case, the realigners of modern criminal procedure legislation and the practice of its application should bear in mind that such metamorphoses of the stages of initiation of a criminal case and preliminary investigation will inevitably entail the most serious transformations in the judicial stages, for which not only representatives of the executive and judicial branches of the federal government, but also the reformers themselves, are absolutely not ready.

DOI: 10.25136/2409-7810.2020.4.33967

Abstract: The authors study in details such aspects of the problem as the processes of criminal concrement of organized crime, corruption and terrorism, in which organized crime plays the role of initiating (defining) factor of emergence of corruption interconnections of government institutions and terrorist groups. It means that terrorist activity, possessing a range of common features typical for, among other things, organized crime, is impossible without corruption-related contacts in government institutions and self-government bodies. Therefore, long-term functioning of terrorist groups means the presence of a corruption element. The authors study the common patterns of using corruption-related practices by terrorists and substantiate the list of corruption-determined terrorist threats. The authors formulate the suggestions about the extension of the list of risks connected with the corruption-based financing of terrorism. Corruption in government institutions, local self-government bodies and security agencies is a fueler for the development of terrorism, acting, on the one hand, as a reason for its emergence, and on the other hand, as an indispensable condition of its existence. The recognition of corruption as an independent risk factor of the creation of favorable conditions for the financing of terrorism will help to improve counterterrorism efforts.  The authors note that the terrorist threat increases with the level of corruption. Thus, the fight against corruption should remain one of the key directions of national policy, and the effectiveness of these counterterrorism efforts will affect the reduction of terrorist threat level for the state.   

DOI: 10.25136/2409-7810.2023.3.39740

EDN: YTELMU

Abstract: Every year, the number of offenses related to "forgery of a person" in the Russian Federation is only growing, but there is no liability for fraud of this kind. The article discusses ways of seizing someone else's document with a socially dangerous illegal purpose. The arbitrary acquisition of a passport, as well as with temporary borrowing, is considered in detail as not explicitly related to illegal acts. An attempt is made to answer the question of whether the passport is property. cases of the use of other people's documents or personal data with a socially dangerous illegal purpose are also considered. The author draws attention to the fact that the number of different types of cases of "forgery of a person" is much more than was presented. These types need to be analyzed in detail in further studies from the point of view of violation of inalienable rights, and especially the right to a name. These issues are investigated using logical and systematic methods, analysis and synthesis, formal legal, comparative legal methods of cognition. The main conclusion of the study is the position on the need to expand the disposition of Part 3 of Article 327 of the Criminal Code of the Russian Federation by fixing the possibility of criminal prosecution for using someone else's document or personal data for a socially dangerous illegal purpose.

DOI: 10.25136/2409-7810.2019.1.29010

Abstract: The research subject is the situation with road and traffic injuries to minors in Russia in 2010 - 2015. The research object is the objective data about the number of minors injured in road accidents and the gravity of their consequences. The author considers correlational changes of data about road accidents with children-passengers and children-pedestrians. The author contains comparative analysis of causes and conditions of a road accident and its influence on the gravity of injuries. The paper contains system analysis of official statistical rates of the condition of road and traffic safety of minors in 2010 - 2015. Analysis of causes and conditions of road and traffic safety of minors is still the basis of ensuring children’s safety on the roads of the country. The effectiveness of the measures taken to a large extent depends on focused and targeted preventive measures. The measures aimed at preventing road injuries should be based on profound victimologic research which would promote effective road safety ensuring. 

DOI: 10.25136/2409-7810.2023.2.40534

EDN: LTSLLO

Abstract: The application of the norm enshrined in Article 38 of the Criminal Code of the Russian Federation raises questions and discussions not only in the doctrine of domestic criminal legislation, but also in investigative and judicial activities. Currently, in the science of criminal law, there are different positions on the issue of the right to take the life of a person who has violated the law during his detention, which may negatively affect the application of legislation. In the study, the author used the dialectical method as a universal method of scientific cognition, which allowed to consider phenomena and processes in their interrelation and interaction. In addition, we have used a number of other methods of scientific research, such as formal legal, comparative legal, statistical, structural and system methods. The purpose of delivering a person who has committed a criminal offense to the authorities excludes the possibility of causing death to the detainee, in case of causing death during detention, these actions will in any case be illegal. Delivery to the authorities means that a living person must be delivered to the authorities. Thus, the deprivation of human life is not provided for in Article 38 of the Criminal Code of the Russian Federation. The author concludes that the rule on lawful infliction of harm during the detention of a person who has committed an act provided for by criminal law should be expanded and allowed in exceptional cases to cause death to an attacker, which is necessary in the interests of law-abiding citizens, society.

DOI: 10.25136/2409-7810.2019.2.29473

Abstract: The authors consider the issues of legislative correction of the provisions of article 123 of the Criminal Code of Russia for the purpose of its improvement. The research object is social relations protecting health. The current specificity of legal measures, provided by the Russian legislation, aimed at preventing illegal artificial termination of pregnancy determines the necessity to develop suggestions about the improvement of the criminal law of Russia in order to increase its effectiveness. The authors group and study the proposed new constituent elements of these offences. The authors compare legal institutions imposing responsibility for illegal artificial termination of pregnancy. The set of general and specific methods of legal research helps formulate the conclusions of the conducted study. The authors suppose it would be reasonable to amend article 123 of the Criminal Code part one with the following phrase: “The same action in the stage of pregnancy over 22 weeks”. Regarding punishability of this qualified type of illegal artificial termination of pregnancy, the authors suppose it would be reasonable to assign the same punishment as for the offence specified in part 3 of article 123, but to reduce term almost twice - maximum 3 years for compulsory labour and imprisonment, and maximum 1 year for the deprivation of right to hold specific posts or to be engaged in specific activities.