Police and Investigative Activity - rubric The police and criminal procedure

Abstract: Based on the analysis of the legislation of the Russian Federation and the Republic of Kazakhstan the author of the article conducts a comparative-legal research of the term "motor vehicle" used in relation to Articles 264 and 345 of the Criminal Code. In her article Ayupova also discusses the most important features of the studied concepts. Analyzing modern Russia's and foreign states' experience in regulation of responsibility for violating traffic rules, the author has made proposals for improving the current criminal legislation and changing the list of vehicles. The methodological basis of this research involves legal comparative studies of dialectical theory of knowledge considering the development of a studied problem as part of the system. The scientific novelty of the research is caused by the fact that the author provides a critical review of motor vehicle components both in theory and practice taking into account the current criminal legislation of the Russian Federation and the Republic of Kazakhstan.

DOI: 10.25136/2409-7810.2018.2.26027

Abstract: The article is devoted to particular issues related to the gaps in the legal regulation of the procedural status held by criminal procedure participants. The object of the research is the law enforcement activity performed by preliminary investigation authorities and courts to ensure the rights and legal interests of criminal procedure participants. The subject of the research is the combination of constitutional and criminal procedure laws that regulate the order of defining a procedural status of a participant, practical implementation of these laws and theoretically based positions of criminal procedure researchers regarding the issues arising in the process of defining a procedural status. In his research Maksimov applies general and special research methods, in particular, structured system approach, comparison, generalisation and legal logical analysis. As a result of the research, the author of the article defines a number of topical issues that may arise in the process of defining provisions regulating the role of a person in the criminal procedure law. The author concludes that it is unacceptable to replace a particular procedural status of a criminal procedure participant with an optional scope of rights. The author also offers recommendations aimed at improving the criminal procedure laws and law-enforcement practice.

DOI: 10.25136/2409-7810.2018.3.27166

Abstract: The subject of the research is the legal norms of the Russian and foreign legislation governing the procedure for obtaining an expert opinion as well as the procedure and methods for challenging it, judicial practice and developed theoretical propositions. The object of the research is the public relations arising in connection with the implementation of advocacy activities challenging the expert's opinion in the court of first instance. The author focuses on the continental and Anglo-Saxon system of investigation in criminal procedure. Special attention is paid to the discussion about the possibility of introducing "parallel investigation" into criminal procedure in the countries of the continental legal family. The methodological basis of the research is a set of general, particular and special research methods. In the course of the study the author has used the dialectical method, systemic and comparative legal methods. As a result of the research, the author comes to the following conclusions: the existing division of the procedure for obtaining an expert opinion based on differences between continental and Anglo-Saxon legal systems does not correspond to the realities of the modern world; and special contribution of the author is a comprehensive comparative legal study of the institution of an expert opinion in criminal procedure.

DOI: 10.25136/2409-7810.2019.3.30079

Abstract: Cattle-napping is a widespread phenomenon in some regions of Russia. Taking this fact into account, the authors of the article study the tactical aspects of criminal intelligence and investigative operations aimed at detecting and investigating the above mentioned criminal infringements. The aim of the research is to develop a set of recommendations for more effective realization of tactical operation “Plea deal” in criminal cases of cattle-napping. The research methodology is based on general and specific research methods, including analysis, synthesis, induction, modeling, the systems method and specific methods of forensics. Plea deals as a procedural institution (chapter 40.1 of the Criminal Code of Russia), aimed at raising effectiveness of fighting organized crime, are used also in criminal cases of cattle-napping. At the same time, the analysis of practical activities and special scientific and methodological works allows the authors to state that up to the present day, no scientifically grounded forensic recommendations for organization and realization of a tactical operation “Plea deal” for such cases have been developed. The article describes the essence and the content of such an operation, and the stages of its realization. The authors formulate recommendations for the optimization of investigation of organized cattle-napping.

DOI: 10.25136/2409-7810.2022.3.38479

Abstract: The object of research of this scientific article is crimes committed on the Internet or using it, as well as the activities of law enforcement agencies to investigate and disclose them. The subject of the study is the regularities of the mechanism of crimes committed using the Internet and the regularities of the activities of law enforcement agencies to organize the investigation of those crimes. The purpose of the scientific article is to identify the capacities of digital technologies for the identification, search and identification of persons who have committed crimes on the Internet. At the same time, attention is paid to the creation of search records for "images of persons captured on photo and video files containing illegal content" in the Federal Criminal Information Bank and the use of advances in digital identification and other innovations in the field of IT technologies in the investigation of crimes. Modern processes of globalization and digitalization require the development and introduction of new opportunities in the identification, search and prosecution of persons who have committed illegal acts, including crimes, on the Internet or using it. The practical significance of the conducted research is to increase the effectiveness of the organization of the identification of persons who have committed crimes on the Internet. The methodology of the conducted research is determined by its purpose and objectives. It is based on a systematic approach to the study of the identification of the person who committed the crime using digital technologies. The research methodology used when writing a scientific article was implemented using the following methods: structural and substantive analysis of scientific papers devoted to the topic of this study; logical (when presenting all the material, formulating conclusions, suggestions and recommendations); comparative legal (when analyzing the norms of criminal procedure legislation, regulatory legal acts) and other research methods.

DOI: 10.25136/2409-7810.2023.2.40032

Abstract: A high-quality investigation of a crime is impossible without the use of technical means and achievements in the field of information technology. The object of the research of this scientific article is the use of information technologies in the investigation and disclosure of crimes, the subject is the patterns of this activity. The purpose of the scientific article is to determine the directions of the use of information technologies in the investigation of crimes, their characteristics, as well as to establish the reasons that slow down this process and identify priority tasks, the solution of which will eliminate these obstacles. When determining the directions of using information technologies in the investigation, the author was guided by the components (aspects) of crime investigation activities (cognitive, certifying, organizational). It is noted that the process of integrating information technologies into the investigation of crimes is a complex construction of a digital system of criminal justice, which will optimize the activities of the investigator by increasing the efficiency of working with information. The methodology of the conducted research is determined by its purpose and objectives. It is based on a systematic approach to the study of the use of information technology in the investigation and disclosure of crimes. The research methodology used when writing a scientific article was implemented using the following methods: structural and substantive analysis of scientific papers devoted to the topic of this study; logical (when presenting all the material, formulating conclusions, suggestions and recommendations); comparative legal (criminal procedure legislation, regulatory legal acts) and other research methods.

DOI: 10.25136/2409-7810.2017.2.22484

Abstract: The article is devoted to certain aspects of interrogation of underage victims who have been undergone subjected sexual violence. Special attention is paid to the participation of a psychologist in the production of this investigative action, and establishment of psychological contact with the victim of the crime. The subject of the research is the patterns of choice and application by the person conducting the preliminary investigation, tactical methods of interrogation of underage victims of crimes against sexual inviolability. The object of the research is the organization and tactics of underage interrogation. The general and special research methods have been used in the work including: system-structural method, comparative method, formal-legal method, and statistical method. The author concludes that during the interrogation it is necessary to take into account the age, specific features and the level of psycho-sexual development of a child. The recommendations on the organization of interrogation of minors, victims of sexual crimes of various age groups nave been formulated. The order of interaction between a investigator, underage victim and psychologist is described.

DOI: 10.7256/2409-7810.2015.3.15617

Abstract: The subject of the study is the range of regularities and peculiarities of criminal investigation in a case of conclusion of a pre-trial agreement on cooperation. The object of the research is the range of social relations arising during the detection and investigation of crimes including those between the investigator and the suspect (accused). In the study special attention is paid to the analysis of the motives of suspects and accused persons which lead them to enter into a "plea bargain" thus allowing them to use the encouraging measures of criminal procedure. The author uses a complex of general and specific scientific methods of cognition including the formal-logical method, the systems method, the methods of analysis, synthesis, deduction, induction and other methods of scientific research. The author reveals some peculiarities of investigation of criminal cases in which the suspect (accused) enters into a pre-trial agreement on cooperation and uses the measures of preliminary investigation optimization including the protection of suspects (accused) in case of threat to their safety.

DOI: 10.25136/2409-7810.2017.4.25069

Abstract: The article is devoted to particular issues related to imperfection of the legal regulation of the institution of accusation. The object of the research is the law enforcement practice of preliminary investigation authorities to observe and protect rights and legal interests of criminal process participants. The subject of the research is the combination of criminal process standards regulating the procedure of accusation, their practical application, statistical data and scientifically grounded positions of procedural scientists according the issues related to the institution of accusation. The author of the research has used general and specific research research methods, in particular, systems - structured method, comparison, generalisation and logical legal analysis. As a result of the research, the author has discovered a number of topical issues related to the legal regulation of the aforesaid institution which applicable standards infringe the rights of the accused as a participant of the criminal process. The author has also offered measures aimed at improving the criminal process of accusation and prosecution.

DOI: 10.25136/2409-7810.2018.2.26774

Abstract: In this article the authors discuss particular problems that relate to the reformation of the criminal procedure law in the CIS countries including the new version of the Criminal Procedure Code issued in Kazakhstan (2015) and Kyrgystan (2017), as well as obstacles that may prevent from implementation of a number of criminal law provisions. For this purpose, the authors define distinctive features of the criminal procedure law in terms of ongoing legal reforms in the CIS countries. They focus on the most troublesome criminal procedure institutions that may render a significant influence on criminal procedure in general. The article contains comparative law analysis of a number of provisions of the criminal procedure law in the CIS countries including new versions of the Criminal Procedure Codes. The authors of the article also provide a review of the new ideology followed by the legislator whch is proved by the principles set forth by the Criminal Procedure Codes of the CIS countries. The authors pay special attention to such important principle as adversarial system in a criminal trial but at the same time cover factors that, according to the authors, prevent from full implementation of that principle. They also give recommendations of the legislative nature that, to some degree, may help to achieve the tasks and objectives set forth for this sphere. The authors also raise questions about differentiation of criminal procedure stages and implementation of the institution of unofficial (special) investigative actions based on the provisions of the Criminal Procedure Codes of some CIS countries. Thus, the themes brought forth by the authors in terms of criminal procedure reforms, create conditions for the review of some provisions of the Criminal Procedure Code and making amendments and changes to the legal acts that ensure successfull realization of some institutions mentioned in the law.

DOI: 10.25136/2409-7810.0.0.23504

Abstract: The subject of this research is the most effective tactics needed to produce interrogation of active participants of the organized group in terms of tactical risk and conflict situations at the initial stage of investigation of robberies. The object of the research is the relationship between the investigator and active member of an organized group committing a robbery unfolding at the preparatory stage of production of the interrogation and in the process of production of the investigative action based on overcoming the conflicting and opposing positions on the part of the suspect. Based on particularities of the object and subject, the author of the article selected the dialectical methodas a methodological basis of the research. The author has also used general, specific and special research methods, in particular, comparison; generalization; situational modeling; and logical-legal analysis. The main conclusion of the research is that there is the need in careful planning and preparation for interrogation of the active participant of the organized group occupying a position of conflict, beginning with studying personal traits of the person being questioned and availability of evidence of a criminal case. In this conflict situation a huge role is played by the correct and competent application of a number of tactics on the part of the investigator.

DOI: 10.25136/2409-7810.2023.2.40104

Abstract: The object of the study is the criminal procedural relations that develop during the conduct of investigative actions against minors during the preliminary investigation. The subject of the study is the norms of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, other laws regulating relations related to the production of investigative actions involving minors, as well as theoretical foundations and materials of investigative and judicial practice. The procedural features of the interrogation, confrontation, identification, verification of testimony on the spot and other investigative actions with the participation of minors are considered. At the same time, special attention is paid to the use of video recording of their conduct and the involvement of a psychologist or teacher to participate in the investigative action against a minor. The authors note that Federal Law No. 432-FZ of December 28, 2013 has significantly expanded the range of investigative actions involving minors, during which it is necessary to comply with special legal regulations that protect the rights and interests of these persons. The conducted research made it possible to identify some shortcomings in the regulation of investigative actions against minors. The authors propose ways to eliminate them: video filming as a means of fixation should be carried out during all investigative actions involving minors; situations of participation of a psychologist or (and) a teacher, and in some cases a psychiatrist in the production of investigative actions with this category of persons are determined.

DOI: 10.25136/2409-7810.2018.1.25582

Abstract: The subject of the research is an accused individual as a participant of a criminal trial from the side of the defense, and procedural status thereof. In his research Abazaliev analyzes the relationship between the criminal prosecution, suspicion and accusation. The author of the article notes that criminal prosecution does not have a form of its own even though implies such activity as suspicion and accusation. In addition, the author also reveals the essence and definition of accusation and describes the key features of the accused, the term that has not had a due legal recognition, and offers his own definition of the term. In his research Abazaliev has used general research methods (analysis and synthesis) and special research methods (comparative law, systems approach, etc.). The main result of the research is the author's definition of the accused as a participant of the criminal trial from the side of the defendant whose guilt has been proved by certain evidence and particular procedural judgements have been made, or who was put on trial as the accused, or against whom a bill of indictment has been drawn or accusing decision has been made.

DOI: 10.25136/2409-7810.0.0.24093

Abstract: In this article Zyryanova examines the procedural, institutional and other powers of the inquiry unit head that may be used in the process of reduced inquiry. She also onsistently analyzes the role of inquiry unit heads at each stage of inquiry and justifies the need to expand the scope of procedural powers of the inquiry unit heads at the legislative level. The author provides specific arguments in confirmation of the aforesaid. Given the above, the author of the article offers a revised version of Article 40.1 and Part 32. 1 of the Russian Federation Code of Criminal Procedure. In her research the author uses different research methods including specific research methosd and such methods as analysis, comparison, generalization and induction. The novelty of the research is caused by the fact that the author proposes to legally fix the responsibility of the investigator to reach a decision on the transition from one form pf inquiry to another from the Inquiry Unit Chief by making appropriate changes in Part 32.1 of the Russian Federation Code of Criminal Procedure.

DOI: 10.25136/2409-7810.2023.4.69549

Abstract: The subject of this study is the level, structure and dynamics of crimes in the field of illicit drug trafficking. Some indicators of official statistics related to the operational situation in the fight against drug trafficking in the country are considered (the number of registered crimes, identification and suppression of drug distribution channels, etc.). The purpose of the study is to conduct a detailed analysis of statistical data on crimes related to drug trafficking, identify current problems in the fight against drug crime and formulate proposals for eliminating them. General scientific methods of cognition were used: the method of statistical analysis; method of analysis, synthesis; comparative method; methods of induction, deduction. An analysis of scientific literature has shown that the issues of drug crime are studied in domestic doctrine by many authors. In theory, issues related to crime rates, the impact of illegal migration on the drug situation in Russia, and the problems of investigating drug crimes committed using information technologies have been worked out. However, some aspects require further study. Within the framework of this study, an attempt was made to identify from the entire array the most pressing problems that require a speedy solution. In particular, it is proposed to reconsider the issue of the availability of electronic devices (vapes, electronic cigarettes) used by adolescents and young people to use psychoactive substances. A ban on the use of such devices should be established at the legislative level. It is concluded that the fight against drug crime must be comprehensive and carried out at several levels, including the prevention of drug crimes among minors.

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.

DOI: 10.7256/2409-7810.2016.3.20395

Abstract: The subject of the research is the psychological impact of the investigator on the interrogated (suspect, witness) to obtain objective evidence. The object of the article is an interrogation procedure. An emphasis is placed on the penetration into the inner (psychic) world of a person in order to reform it and make him act in the needed way. Particular attention is paid to tactics prying concealed (psychologically protected) information out of a person. The observance of the dynamics of the psychological impact through movement from the surface layers of the psyche to deep substructures is also under consideration. The methodological basis of the study is made by the theory of mental reflection of mechanisms and levels. In this article general scientific and specific scientific methods of cognition are used. General scientific methods of the research are represented by systemic structural, comparative, formal and legal, statistical methods. The authors pursue a clear position concerning disengagement history interrogation where both legal and illegal methods of coercion may be used, and the procedure of interrogation itself with the predominance of interpersonal interaction mechanisms allowing to fix not only the actions of the interrogated but his reactions. The article emphasizes the importance of psycho-diagnostics, evaluates individually psychological traits of the person questioned, peculiarities of a psychological contact as a special case of the psychological impact.

DOI: 10.25136/2409-7810.2019.3.30641

Abstract: The recent change of the nature of crime and the necessity to improve legal investigation instruments have caused essential quantitative and qualitative transformation of the institution of mandates. It has revealed some problem issues connected with the limits of such a delegation of investigator’s authority. Obviously, there are procedural powers which can’t be delegated. According to the law, formulation of proceeding decisions is one of the powers that can’t be delegated. However, a necessity to urgently formulate a procedural decision as the result of legal investigative activities based on an investigator’s mandate can occur. The purpose of this research is to define the criteria of observation of the limits of investigator’s mandate as a way of delegating procedural authorities. The research methodology is based on the dialectical method of scientific cognition, the comparative-legal, logical-analytical, formal-logical and system-structural methods of studying legal phenomena and processes in the field of criminal procedure. The author’s particularly important contribution is the analysis of the compliance of the formalization of the institution of investigator’s mandate with the requirements of the modern investigative practice. The article considers the types of investigator’s mandates, analyzes the existing scientific opinions on this issue, gives examples of errors of law and legal gaps.

DOI: 10.25136/2409-7810.2019.4.30727

Abstract: The research subject is investigatory situations at the first stage of investigation of crimes connected with trafficking in precious metals and gems, and the work of an investigative branch aimed at settling such situations. Thus, the purpose of the research is to attempt to define the typical situations faced by an investigator at taking a decision about initiating a criminal case, and to develop the algorithms of investigator’s actions at each stage of investigation. The article is based on general scientific and specific research methods, including analysis and synthesis, observation and description, and specific forensic methods. The author offers the optimal and the most effective algorithms of investigator’s actions suitable for each particular typical situation. Due to the lack of scientific works studying this issue, the research results can be used for the development of an effective technique of investigating the types of crimes in question and the improvement of the work of investigative bodies.

DOI: 10.25136/2409-7810.2021.2.30662

Abstract: The research subject is the provisions of criminal law regulating the procedure of seizing electronic media and copying information. The article considers the problems faced by investigators connected with the seizure of electronic media during the investigation, copying the information they contain, and the related changes in the investigation practice caused by the introduction of article 164.1 into the Criminal Procedure Code. The purpose of the research is, based on the analysis of the Federal Law of December 27, 2018 No 533, which had amended the Criminal Procedure Law with the article 164.1 “The peculiarities of seizing electronic media and copying information they contain during investigative activities”, and law-enforcement practice in this field, to define the scope of the most urgent problems and develop the ways how to solve them. The research methodology is based on general scientific and specific research methods of cognition: the comparative-legal and formal-logical analysis, modeling, induction, deduction, etc. The scientific novelty of the research consists in the comprehensive and system-based study of the issues and problems of criminal legislation and law-enforcement practice connected with seizing electronic media and copying information they contain, and in the development of the key suggestions about amending the current legislation.

DOI: 10.7256/2409-7810.2016.2.18652

Abstract: The subject of research is regularities of the organization and production of investigative action - interrogation in investigative a situation arising in the course of disclosure and investigation of crimes. Object of research are the public relations arising during disclosure and investigation of crimes including between the investigator and suspected (defendant), and also other persons at the conclusion of the pre-judicial cooperation agreement. The special attention in research is paid to an order preparation and productions of interrogation of suspected (defendant) in various investigative situations. In work the complex general scientific and the chastnonauchnykh of methods of knowledge which include such methods as a standard and logical method, a system method, synthesis, the analysis, deduction, induction and other methods of research activity is used. Tactics of production of interrogation depending on an initial investigative situation is important for disclosure and investigation of crimes. The algorithm of actions which is truly chosen by the investigator by production of interrogation directly influences desire of suspected (defendant) to cooperate with the investigation by the conclusion of the pre-judicial cooperation agreement.

DOI: 10.7256/2409-7810.2014.3.13925

Abstract: It is noted in the article that qualification of a crime is the establishing of the features of the act committed to the elements of a crime as it is provided by the criminal code of the Russian Federation. Some questions of multiple crimes qualification are connected with the consideration of the guilty person’s activity as a process, developing in time and space. Qualification, as a part of the competent officials’ or judges’ work on the criminal law application, is a cognitive process of a law enforcer, which includes the establishing of the features of the act committed to the elements of a crime as it is provided by a legislator. The methodology of the article consists of the up-to-date achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal-logical), and the methods, which are used in special sociological research (the statistical method, expert evaluations, etc.). The author comes to the conclusion that the result of such establishing is a legal evaluation of the act committed. The subject of the research, relating to multiple crimes, is based in this methodology.

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.

DOI: 10.25136/2409-7810.2017.4.24268

Abstract: The use of some unfortunate language and additional shortcomings of the legal techniques, made at the development of Article 170.2 of the Criminal code of the Russian Federation, gave grounds for disputes about who is the offender. Due to abovementioned circumstances, the present study built on the study of the totality of criminal-legal and criminological characteristics, and relations characterizing the cadastral engineers, as special subjects of crimes against the order of the cadastral activities. The subject of study contains both criminal-legal characteristic of a special subject of the crime, and criminological analysis of the personality of cadastral engineers. The authors used the following methodology: interview, observation, method of generalization of independent characteristics, analysis of results of operations and litigation. The study of the subject of crimes against the order of the cadastral activities becomes relevant from a theoretical point of view since they provide an opportunity to identify approaches to studying how the criminal-legal characteristics of the crime and criminological study of the criminal personality in the sphere of cadastral activity. The study is also of great practical importance for law enforcement officials to investigate crimes in this area. One of the main performance indicators of the judge is not the statistics of cases handled, but the real remedy, therefore, this article, published in the journal, which corresponds with the world's largest search engines will provide discussion, application, and uniformity of court practice.

DOI: 10.25136/2409-7810.2022.2.36232

Abstract: The criminal procedural status of a participant in criminal proceedings is of particular importance in the implementation of his criminal procedural functions during the investigation of a criminal case. In the article, the author presents the characteristics of the criminal procedural status of a person who committed a socially dangerous act in a state of insanity and a person whose mental disorder occurred after the commission of a crime. The procedural rights, duties and legal responsibility of a key participant in the proceedings on the use of compulsory medical measures are considered. The procedural rights of this participant in criminal procedural legal relations are classified depending on the implementation of a specific function during the investigation of a criminal case. The author draws attention to the specifics of the content of the procedural status of a person in respect of whom proceedings are being conducted on the application of compulsory medical measures, and argues that such elements as procedural duties and legal responsibility of a participant in criminal procedural legal relations are not included in the criminal procedural status of a person suffering from a mental disorder. It is noted that the problem of balancing the rights and obligations of participants in the criminal process is emerging in this regard. The author suggests filling this gap with the duties of the legal representative of the person against whom the proceedings on the application of compulsory medical measures are being conducted.

DOI: 10.7256/2409-7810.2015.4.16712

Abstract: The subject of the research is the patterns of involving suspects and accused persons into cooperation through the conclusion of a pretrial agreement on cooperation in combating illicit trafficking of narcotic substances. The object of the research is the public relations arising in the process of detection and investigation of crimes in the sphere of illegal turnover of narcotic substances and their precursors. Special attention is paid to the tactical features of using members of the criminal groups and communities for the purpose of law enforcement. The author also emphasizes the need for developing the Institution of Pre-trial Agreement on Cooperation in combating such crime. In his study the author has used a set of general and special scientific methods of research including such methods as standard logical method, system method, synthesis, analysis, deduction, induction and other research methods. The main conclusion of the study is the that the author emphasizes the need to implement the Institution as regulated by Chapter 40.1 of the Criminal Procedure Code of the Russian Federation as well as other elements of tactical support of the investigator in the fight against illicit trafficking of narcotic substances. This will significantly increase the effectiveness and efficiency of detection and investigation of such offences.

DOI: 10.7256/2306-4218.2013.4.9251

Abstract: The article concerns issues of correlation of civil and criminal legislation in part of qualification of criminal activities of state register officers in the sphere of civil (economic) turnover of immovable property. It is stated that the material ability to dispose of a property is implemented in organizational procedural form. Specific features of civil law qualification of the procedure of state registration of rights to immovable property show the problem of criminal responsibility of state register staff. Criminal illegal behavior of state register officers should be fully non-compliant with the norms of civil law both in its procedural and material aspects. The correlation of civil and criminal law has its influence upon the formation of criminal legislation, and it facilitates correct expression and interpretation of norms establishing criminal responsibility of officials of state bodies in the sphere of economics. Finally, the conclusions in this article are directly related to the process of police reform and its activities in the sphere of protection of property.

DOI: 10.25136/2409-7810.2021.3.37386

Abstract: The research subject is the problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal procedure in Russia, considered in the context of provision of human and civil rights and freedoms and the observance of the principle of legal certainty. The purpose of the research is to define the key problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal proceedings, and the development of the ways to solve them. The research methodology is based on the system and comprehensive approaches and includes the set of general scientific and specific research methods, particularly analysis, synthesis, formal-legal, comparative legal methods, etc. To achieve the research goal, the author analyzes the practice of Supreme Courts of Russia, the European Court of Human Rights, the doctrinal views of Russian processualists, and defines the key problems of using evidence collected during criminal intelligence and surveillance operations, in criminal proceedings, and formulates the ways to solve them. The author finds out that the judicial practice and doctrine mainly consider certain aspects of the problem under study, with no system approach to its understanding; the author proves that the main problem lies in the field of provision of human and civil rights and freedoms, and the observance of the principle of legal certainty; the author formulates recommendations about amending the legislation based on the constitutional principles and international standards, and the following legalization of evidence collected during criminal intelligence and surveillance operations. The conclusions of the research can be used in the work of law-enforcement bodies and for further research in the field of criminal procedure.

DOI: 10.25136/2409-7810.2023.3.43991

Abstract: The object of the study is the crimes provided for in Articles 285.1 and Article 285.2 of the Criminal Code of the Russian Federation, as well as the activities of the subject of the investigation in general and to verify reports of misuse of budgetary funds, in particular. The subject of the study was the regularities of the preparation, commission and concealment of this group of crimes, as well as the regularities of the activities of law enforcement agencies to identify, investigate and disclose them. When forming conclusions, the authors were guided by the analysis of the norms of the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, other laws regulating the verification of reports on this group of crimes and the conduct of their investigation, the provisions of general criminalistic theories, materials of investigative and judicial practice (materials of 148 criminal cases considered in the courts of the Southern Federal District of the Russian Federation are summarized). The authors consider in detail the investigator's verification of the report on the misuse of budgetary funds, with special attention being paid to the problems of using the means of its implementation. The study used dialectical, logical, statistical, formal and legal research methods, as well as the method of legal modeling. The authors note that when conducting an audit of a report on the misuse of budgetary funds, the investigator needs to use the full range of means specified in Part 1 of Article 144 of the Criminal Procedure Code of the Russian Federation. The conducted research made it possible to establish that these funds are sufficient for its implementation, at the same time, their insufficiently detailed regulation in the criminal procedure Law creates difficulties when investigating a crime report. The authors offer organizational and tactical recommendations that will avoid negative consequences when receiving explanations, requesting documents, appointing examinations, etc. At the same time, the authors point out that a complete solution to this problem requires fixing a clear and detailed procedure for using means of verifying a crime report in the Criminal Procedure Code of the Russian Federation.

DOI: 10.7256/2306-4218.2013.2.802

Abstract: The article is devoted to the questions about the grounds of investigative or other procedural actions in the course of pre-trial criminal procedure. The author of the article describes the scope of activities performed by an investigator and underlines its creative nature. He also offers definitions of the grounds of investigative procedures as they are described in the theory of criminal procedures. The author of the article focuses on the grounds for selecting a method of collection of evidence and describes general and particular aspects of this matter. General grounds must necessarily include the analysis and evalution of circumstances of a committed criminal act.It is underlined that the better founded investigative solutions are, the more efficient the procedure can be and the more guarantees of observing criminal law and constitutional principles can be fulfilled. The atuhor also describe different types of the grounds of investigative solutions. It is stressed out that an investigative action should be planned in order to discover new facts and data. In conclusion, the author states that there is a serious need in providing a legislative framework for creating common rules for performing and recording procedural actions aimed at collection of evidence.

DOI: 10.25136/2409-7810.2019.2.29817

Abstract: The article considers the situation of crimes involving covert embezzlement of property. The research subject is the key elements of such crime situations. The author gives special attention to studying the current forensic approaches to interpreting this notion, detecting its fundamental elements and their interrelations which have some impact on the formation of investigation technique for such crimes. The research methodology includes the complex study of the situation of crimes involving covert embezzlement of property which is based on the analysis of theoretical information and statistical data. The author detects the key elements of the situation of crimes involving covert embezzlement of property, which give some significant information about the offence and can be used for the formation of investigation techniques and particular forensic recommendations of the crimes of this category.