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Forensic activities and police work
Shadymov A.B. - Diagnostics of scull fracture causes by blows and by falling. pp. 9-19

DOI:
10.7256/2306-4218.2014.1.9947

Abstract: According to our studies the number of fatal craniocerebral injuries is 10% of all of the expertises in the city of Barnaul, Russia. Out of that number the hits on the head (murders and car accident traumas) were 78,8%, while the rest were traumas from falling (falling from heights and on the flat surface - 11,2% and 10% accordingly).  Among all such traumas, the broken scull bones were in 52,4%.  Usually, there is need to differentiate the impact of a broad hitting area, when there is a fall and a hitting. In such cases there are usually linear and spiderweb-like skull breakages, which are of little use for identification purposes.  The need to distinguish such traumas is due to the importance of this issue for the judicial and investigation bodies. However, the expert practice still uses a typical conclusion on the mechanism of formation of scull fractures "due to hitting with a flat blunt surface, or due to falling and hitting on such an object". Our work continues this long-standing judicial and medical discussion on the possibilities to differentiate the traumas caused by blows and by falling. A large number of works is devoted to the studies of this types of scull fractures. While some authors explain differences in the formation of scull fractures by the influence of the curve of bone and the acceleration, the others spoke of the hardness of surface on which the hit took place and the strength of the hitting.
Morozov V.V. - Criminalistic Analysis of the Concept 'Economic Crimes Committed with Use of the Computer Equipment and Modern Information Technologies' pp. 14-25

DOI:
10.7256/2409-7810.2017.2.23035

Abstract: The author of the present article analyzes essential features of the concept "economic crimes committed with use of the computer equipment and the modern information technologies". For this purpose the author studies current approaches to the definition of "economic crimes", and specifics of making crimes with use of the computer equipment and modern information technologies in the sphere of economic relations (production, distribution, exchange and consumption of goods and services as well as products of labor). The author states that the purpose of using these technologies is to facilitate commission of crime and conceal traces of crime, thereby complicating activities for detection and disclosure of the specified category of crimes. The methodology of the research invovles general research methods such as analysis, synthesis, comparison, induction, deduction, and specific research methods, in particular, system-structural and statistical analysis. The main conclusion of the article is the author's definition of "economic crimes committed with use of the computer equipment and the modern information technologies" as socially dangerous acts committed in the sphere of production, distribution, exchange and consumption of goods and services as well as products of labor by using a set of methods of storage, transmission, processing or destruction of computer information and hardware and software systems for the purpose of facilitation of commission of crime and concealment of its traces.
Chertovskikh A.A., Tuchik E.S., Astashkina O.G., Astashkina O.G. - On the diagnostic value of cardiac troponin 1 in cases of strangulated asphyxia pp. 20-27

DOI:
10.7256/2306-4218.2014.1.9937

Abstract: The problem of proving whether the traumas found when examining a corpse were received, while a person was still alive is still topical and to some extent it did not yet find solution in the judicial medicine. As one of the possible solutions, the authors offere the biochemical method for the studies of troponin 1 in corpse blood and pericardial fluid. The biochemical method of studies attracts more and more attention of judicial medical experts, due to the simplicity of method and large amount of information, allowing to diagnose the processes, which are not micro- or macroscopically visible.  At the same time, there is a lot of "blind spots" in the studies of biochemical processes in a human body right before the death and in the hours right after the death, as well as their differences from the processes in living persons.  It is undoubted that the studies of biochemical changes in various types of death shall allow to reveal certain patterns, quality and quantity characteristics, which may be used for diagnostic purposes. It is quite topical to diagnose conditions, which are morphologically characterized by the rapid death, for example due to secondary cardiomyopathy of the hanged persons having chronic somatic illnesses, when a soft rope is used and their is no well-defined constriction mark.
Sulimov K.T., Ibragimova O.A. - Using the Jackal-Сanidae Bastards in the Analysis of Olfactory Traces in Criminology: History, Theory and Practice pp. 27-48

DOI:
10.7256/2409-7810.2017.1.20466

Abstract: In the detection and investigation of non-obvious crimes, criminologists are short of information about the identity of the perpetrators. The olfactory traces at the scene investigative personal data about participants of the event more than any other the next person.The article highlights the history of the national forensic odorologii, one of which is the formation of the participants co-author K.T.Sulimov was from 1966 to 1998., Discusses the arguments and perspectives in the gene pool of hybrids (bastards) Laika reindeer herding and European jackal.The name of the method gave Yuriy Lekanov, served as the chief forensic department of the Russian Federation Prosecutor's Office, the investigative method to introduce the practice.Article provides reliable evidence-based methods of preparation and use of dog odor detectors to identify the individual on the olfactory trail.
Pigolkin Yu.I., Leonova E.N., Dubrovin I.A., Nagornov M.N. - Classification of blood traces in judicial medical practice. pp. 28-36

DOI:
10.7256/2306-4218.2014.1.9935

Abstract: The Brockhaus and Efron Encyclopedic Dictionary recognizes classification (from Lat. classis- class, category and Lat. facere - to do) as "special cases of application of the logical operation of division of the amount of term via a certain combination of divisions (division of a class into types, division of these types, etc.)". "Classification is a meaningful order of things, events, dividing them into types in according to some important characteristics". Any classification in science or any other sphere of activities is meant for the constant practical use, that is why it should at the same time enclude the entire complex of necessary parameters, and it should be simple and easy to comprehend.  Usually, the classifications use significant features of objects as dividing elements for their classification. Such classifications are known as natureal, since they reveal significant similarities and differences between objects and have cognitive value. If the classifications are aimed at systematizing the objects, the dividing elements are chosen out of convenient ones given the purpose of classification, but not necessarily significant for the objects themselves. Such classifications are called artificial.
Deryugin R.A. - Special Forensic Technology Designed for the Analysis and Processing of Information About the Connections Between Subscribers and (or ) Subscriber Units pp. 32-35

DOI:
10.7256/2409-7810.2016.3.18711

Abstract: The article discusses some aspects of the use of special forensic techniques designed to extract information from mobile devices. Moreover, the author of the article identifies the problems of procedural implementation of evidence in criminal proceedings obtained by law enforcement agencies using forensic techniques allowing to obtain information not only about about the connections between subscribers but also the files and data stored in the memory cell phones. The author also notes the need for the use of hardware and software systems such as "Segment C" and "UFED" by law enforcement authorities in order to improve the efficiency of their investigation of criminal cases. The author has used general and special research methods inculding legal logical method, systems analysis, synthesis, analysis, deduction, induction and others. The novelty of the research is caused by the fact that in today's society which can be considered the information-based society, analysis and processing of information regarding the connections between subscribers and (or) subscriber units is one of the promising trends in technical and forensic security criminal investigation as it requires the use of and the development of the latest special forensic techniques.
Khamidullin R.S., Malykh A.A. - Experience in Applying Special Expertise When Viewing Places of Occurence in Russia and USA pp. 35-42

DOI:
10.7256/2409-7810.2016.2.18660

Abstract: Object of research are regularities of tactics of carrying out inspection of the scene, application of the known technical and criminalistic means and methods, and also approbations and introductions of new foreign scientific developments in this area. Object of research are the public relations arising when carrying out investigative action - inspection of the scene. Authors in detail consider aspects of inspection of the scene as the preliminary investigation of criminal cases of investigative action, most widespread and necessary in all cases. The special attention is paid to experience of police of foreign countries. 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. Improvement of tactics of carrying out inspection of the scene, application of already known technical and criminalistic means, and also approbations and introductions of new scientific developments in this area is one of the main tasks of criminalistics today. Survey is not only the most widespread and necessary investigative action at investigation of all categories of crimes, but also rather difficult and volume procedural action.
Novoselov V.P., Savchenko S.V., Tikhonov V.V., Skrebov R.V., Oshchepkova N.G. - Expert examination of the cases of acute forms of ishemic heart disease. pp. 37-44

DOI:
10.7256/2306-4218.2014.1.9934

Abstract: According to the information provided by the World Health Association about 20 000 000 people die of diseases of blood circulatory system, and half of these deaths are caused by the various forms of ishemic heart disease.  In Russia the cases of ishemic heart disease cause most of the sudden deaths, studied by the medicolegists. While various forms of chronic ishemic heart disease cause no difficulties in their morphologial diagnosis, the medic doing a post-mortem may incounter difficulties with establishing the diagnosis, when dealing with the acute forms of ishemic heart disease, especially acute coronary insufficency, or ishemic stage of miocardal infarction.  Due to the above-mentioned reasons the authors analyzed the data on general death rate structure and death rate due to various forms of ishemic heart disease for hte period of 2000 to 2012 according to the data of the thanatologic department of the Novosibirsc Regional Bureau for Judicial Medical Expertise.  According to the data received by the authors, the structure of judicial medical autopsies has undergone some changes in the last 12 years, which is due to a larger number of non-violent deaths. At the same time the general number of autopsies was insufficiently larger. For example, in 2000 the general number of judicial medical autopsies in Novosibirsk was 6072 cases, and in 2012 - 6391 cases.
Novoselov V.P., Savchenko S.V., Koshlyak D.A., Porvin A.N. - Evaluation of changes in lysosomes and vacuoles in cases of acute alterative myocardial insufficiency in cases of heart contusion in experiment. pp. 45-51

DOI:
10.7256/2306-4218.2014.1.9921

Abstract: The mechanical trauma ranks third in the structure of death rate in peaceful time, and it is a leading cause of death in the age group before 40 years old. The closed blunt injury constitutes up to 50,4 per cent of all of the mechanical injuries, and usually the traumatized organs are lungs and heart. The heart contusion is one of the most typical traumas of this organ, and it has  critical clinical progression due to the fulminant development after the hit influence  of acute myocardial dysfunction, which is caused mostly by the traumatic acute violations of coronary blood circulation and microcirculatory disorder. It is accompanied by the depression of myocardial contractility and lowering of its functional reserve due to the acute change of metabolic elements right after the trauma.  As a result of these processes the hypoxic mechanism of myocardial trauma develops regularly. If the heart contusion is severe, it is usually fatal for a person. A number of works on heart contusion were provided by clinical doctors, so the problem of morphological diagnosis of this type of trauma remains topical for many years. Clarification of mechanisms of development of the acute myocardial insufficiency in cases of heart contusion is important first of all for the specialists working with the problem of heart contusion – emergency doctors and medicolegists.
Kovalev A.V., Kadochnikov D.S., Zubkova I.I., Martem'yanova A.A. - The historical aspects of the application of the Criminal code article about failure to render aid to a sick person pp. 48-58

DOI:
10.7256/2409-7810.2014.3.9914

Abstract: The workers of public health system in general and the doctors in particular, are among the most vulnerable and juridically unprotected categories of employees from the viewpoint of criminal law application [1].The actions and the measure of punishment for doctors are set in the article 124 of the Criminal code of the Russian Federation (“Failure to render aid to a sick person”).The today version of this article reads: 1. “Failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it in keeping with the law or with special rules, if this has entailed by negligence the infliction of injury of average gravity to the health of the sick person, shall be punishable by a fine in the amount of 50 to 100 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of one month, or by corrective labour for a term of up to one year, or by arrest for a term of two to four months.2. The same act, if it has involved, through negligence, the death of the sick person or the infliction of grave injury to his health, shall be punishable by deprivation of liberty for a term of up to three years, with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or with the permanent deprivation of such right”.
Dvortsov V.E., Kazanchev I.T. - Criminalistic Methods of Investigation of Crimes in the Sphere of Cadastral Activities pp. 49-55

DOI:
10.7256/2409-7810.2017.1.22153

Abstract: The object of study is the functional side, the system of actions and relationships that form the mechanism of crimes in the sphere of cadastral activity. The subject of the research is to study the processes of finding, collecting and using forensically relevant information for disclosure and investigation of crimes in the sphere of cadastral activity. The authors analyzed and classified the typical investigative situations that arise in the investigation of crimes of the specified kind, developed tactical recommendations for the detection and collection of forensically relevant information, fleshed out the contents of the special knowledge required for collecting and research evidence.The study used specially scientific and special methods, which are inseparably connected with each other and are used in scientific and practical forensic knowledge in the dialectical unity of the relationship.The relevance of the research topic is determined by the specificity of the issues in the field of cadastral activities, as a consequence, a weak competence on the issue of law enforcement, which gives rise to the last difficulty in the investigation of crimes of this type. The establishment of a comprehensive (synthetic) private criminalistic methods of crime investigation in the sphere of cadastral activities, providing integrated patterns of criminal activity on the stage precriminal, criminal and post-criminal situation in accordance with the criminalistic doctrine about the mechanism of the crime, will serve as a research springboard for the formation of a theoretically verified and are in demand of recommendations to improve the efficiency of the investigation of these acts.
Bogomolov D.V. - Some methodological bases for the judicial medical thanatology as a science. pp. 52-60

DOI:
10.7256/2306-4218.2014.1.9920

Abstract: The modern judicial medicine actively  applies the so-called objectivity and strength of evidence towards the theories and hypotheses used, therefore, the practice of evidentiary medicine is appearing. It is undoubted that the evidentiary principles of modern science are developed in the works by Karl Popper and Imre Lacatos and methodologists of their school. The science there is understood as a special rational way of cognition of the world based on empiric check and (or) mathematical proof.  It is ideally universal, fragmentary, generally valuable, impersonalized, systematic, incomplete, successive, critical, authentic, non-moral, rational and sensual. At the same time diagnostics is a specific type of cognition. The basis for any scientific method is a combination of empirics and logics. In judicial medicine the judicial medical pathology, or to put it more broadly, thanatology best meets the status of science. As the basis of proof or refutation under the above-mentioned scheme the falsification of research problems is used in controversy with the traditional justificationism, presupposing that any true theory should be strictly and unambiguously proven.
Komarov A.A. - Criminological Research of Corruption in Higher Education: the Problem of the Empirical Material pp. 54-67

DOI:
10.7256/2409-7810.2015.4.17296

Abstract: In his research Komarov has focused on the problem of extraction of empirical information (data) from existing sources for the purpose of conducting a full criminological research. The researcher has analyzed both official sources and their data regarding the level of corruption in the sphere of education as well as corruption issues determined by the doctrine of criminal law and criminology. Komarov has also analyzed the quality of criminological research sources on the matters of corruption in the sphere of education. The author performs a critical evaluation of activities conducted by state authorities and nongovernmental agencies as well as particular scientists in order to assess the level of corruption in the sphere of education. Thus, the research methodology has predetermined the need to create a classification of the sources of criminologically important information about the level of corruption depending on the degree of their accuracy and completeness. The main conclusion of the research is that the majority of existing sources on corruption and corruption offences in Russia are actually 'hidden' from members of the general public, which obviously influences the course and results of criminological researches. Thus, the declared principle of 'transparency' is, in fact, not fulfilled in the sphere of anticorruption efforts in our country. 
Evseev A.V. - On the issue of guarantees of criminological security. pp. 61-72

DOI:
10.7256/2306-4218.2013.4.9256

Abstract: The article concerns the problems regarding criminological security and the need to form a new strategy for the crime prevention by the internal affairs bodies (the Ministry of Internal Affairs of Russia, hereinafter the MIA). The MIA reform was aimed at improvement of of  efficiency of internal affairs bodies in fighting crime, and improvement of the image of the MIA staff among the population, and it did not achieve these results to a full extent so far. It is stated that the most efficient measure for crime prevention and interception is operative reaction to the information from the people.  It is noted that the heads of territorial bodies of the MIA of Russia at the district level need to use the personnel and means that they have more efficiently in order to guarantee sustainable operative situation on their territories. It seems very important for the MIA staff to be aimed at prevention of crimes first of all. The article may be of interest to the practicing MIA staff, and to the students of educational institution within the system of MIA.
Bogomolov D.V., Kochoyan A.L., Martem'yanova A.A. - The potential of using the immunohistochemical method of studies in the judicial medical practice. pp. 61-69

DOI:
10.7256/2306-4218.2014.1.9919

Abstract: The life-time diagnostics and the diagnostics of the prescription of trauma is a topical and widely discussed problem. Macro- and microscopic description of characteristic features of tissue response serves as the basis for making a statement on the injuries received by a person during life-time and their prescription.  However, the practice shows that the intervals of time when the trauma might have been caused which are established by expertise are not always sufficient for the judicial and investigative bodies, and sometimes a trauma itself does not get recognized.  The modern laboratory (and, more specifically, immunohistochemical) examination methods currently have some potential for solving this problem.  In spite of a rather short period of time of application of such method, their informative value is widely recognized. Unfortunately, due to a number of objective reasons, the immunohistochemical method are not widely applied by judicial medical experts. In order to prove the efficiency and necessity of introduction of high technology methods into the judicial medical practice the authors provide an example of using immunohistochemical method in a specific judicial medical expertise.
Pigolkin Yu.I., Romanenko G.Kh. - Teaching methodology on "Judicial Medicine" specialization in the medical higher education institutions in Russia. pp. 70-79

DOI:
10.7256/2306-4218.2014.1.9918

Abstract: Education is international by its nature and it includes the best of the global developments.  The system of professional education of medical and pharmaceutical cadres in Russia is being modernized within the framework of the international legal acts and other documents on development of the European integration in the sphere of education and scientific research. Having signed the Bologna Convention in 2003, Russia has uptaken certain obligations on reform of its higher education without significantly lowering the level of Russian higher education system, including medical education. The higher education institution in Russia face a problem, since they need to preserve historic traditions of the higher medical education, principles and methodology of education, which were proven efficient for a long period of time, and the richest experience of teaching medical staff, while finding their place within the system of joint education sphere according to the European requirements. Improvement of the higher medical education in accordance with the Bologna Declaration predefined the need and priority for the education of medical staff in Russia, and it facilitated the development of a new generation of standards for the basic, post-diploma education and the permanent professional development of medics.
Zigalenko D.G. - The problems of personnel training in state judicial medical expert institution in the sphere of prophylactics of HIV-infection and other blood-borne infections. pp. 80-85

DOI:
10.7256/2306-4218.2014.1.9917

Abstract: The HIV-infection epidemic in Russia is now characterized with the growing number of new infection contamination cases, and growth of the manifest forms of the illness.  The existing epidemic situation is expressed by larger number of revealed HIV-infections among the patients of medical and prophylactic institutions of various specializations, and, accordingly, by a larger number of sectional post-mortem examinations of HIV-positive persons.  It shows the growing threat of undiagnosed HIV-infections into the healthcare institutions, and judicial medical expert institutions, since its symptoms may be the symptoms of the main disease of patients today. The previous studies showed (Kadochnikov, D.S., etc., 2011, 2012)  that in the judicial medical expert institutions most of the cases of infection contaminations are among the staff of tanathological divisions, working directly with the corpses.  The analysis of traumas encountered during sectional examination showed that annually up to 50 per cent of judicial medical expert and assisting personnel risk being infected with the HIV, the blood-borne hepatitis due to professional traumas.
Kovalev A.V., Romanenko G.Kh. - Organization of studies of the resident medical practitioners specializing in 'judicial medical expertise" at the Russian Center of Judicial Medical Expertise of the Ministry of Healthcare of the Russian Federation in accordance with the federal state requirements to the post-higher education programs. pp. 86-94

DOI:
10.7256/2306-4218.2014.1.9916

Abstract: Improvement of the higher professional education in accordance with the Bologna Declaration shall allow us to take a more substantiated approach towards defining the need and priorities in educating medical staff in Russia in general and in the regions in particular, as well as to develop the new generation of standards for basic, post-diploma education and permanent professional development of medics. Currently the medical higher education institutions in Europe teach four main basic specializations: medicine, pharmaceutics, dentistry and the higher education of nurses. In Russia there are nine medical specializations. Additionally, in Russia there is over 100 medical specializations, and in Europe there are 17 to 54. Medical education has many ages of history and it has a strong three-tier system of on-campus education for medical workers, including the following: the basic medical education (pre-diploma education), post-diploma education (internship and residency), and the permanent professional education (the system of after-diploma education). The quality of education of a specialist is defined by many components at each of its stages (pre-higher education, pre-diploma, post-higher education), and each stage has its own goals for achievement.
Kemeneva Yu.V., Kovalev A.V. - Role of judicial medical service in interdepartmental counteraction to cruel treatment of children. pp. 95-107

DOI:
10.7256/2306-4218.2014.1.9915

Abstract: Protection of rights and lawful interests of juveniles is one of important social problems, which has been attracting the public attention for a long time. For decades the international human rights organizations have been calling for counteraction against cruel treatment of children.  The key document on the protection of rights of children is the Convention on the Rights of the Child, which was adopted on November 20, 1989 by the Resolution 44/25 of the General Assembly of the UN. Art. 18-27 of the said Convention define the obligations of the state to provide assistant to parents and lawful guardinans and to protect the children from any form of physical, sexual or psychological violence, lack of care or negligent treatment of parents, lawful guardians or any other person taking care of a child. The Convention on the Rights of the Child is ratified by over 200 states, the USSR being among the first twenty states to ratify it. According to the Convention the participating states are obliged to take all necessary measures to implement the rights of children, as officially recognized by their agreement.
Buromskii I.V., Romanenko G.Kh. - Methodological basis for application of points and ratings system for the control and evaluation of materials of an educational subject. pp. 108-124

DOI:
10.7256/2306-4218.2014.1.9913

Abstract: The staff training improvement is one of the most important goals in any sphere of human activities, and it is not possible, unless modern educational technologies are introduced into the teaching process. One of such technologies is points and ratings system used for quantity evaluation of the quality of studies within the framework of educational program, where an educational subject is divided into several study modules for the controlling purposes. Introduction of the points and ratings system into the teaching process allows to implement an integral evaluation of current cognitive activities of a student, his progress in professionally valuable competence, his participation in scientific research, scientific conferences, preparation of scientific and reviewing reports, etc. Such an approach motivates a student for systematic work, which facilitates knowledge viability, lowers the role of accidental factors in evaluation of results, allows to establish a real role (rating) of a student according to his academic achievements, and choose candidates for continued education and specialization based on objective criteria.
Pinchuk P.V. - On the need for normative legal regulation of the state protection of experts of state judicial expert institutions of the Russian Federation. pp. 125-134

DOI:
10.7256/2306-4218.2014.1.9911

Abstract: Currently in Russia there is a normative legal basis and mechanism for the state protection of judges, officials of law-enforcement adn controlling bodies, staff of the federal state guarding bodies, performing functions, implementation of which may involve encroachments upon their security, and for the formation of necessary conditions for administration of justice, fighting crimes and offences. This issue is regulated with the Federal Law of April 20, 1995 N. 45-FZ "On state protection of judges, officials of law-enforcement and controlling bodies" (Federal Law N. 45-FZ), which establishes the system of measures of state protection of life, health and property of such persons and their closest relatives. Guarantees of state protection of judges, officials of law-enforcement adn controlling bodies, staff of the federal state guarding bodies includes implementation by a competente state bodies (provided for by the Federal Law N. 45-FZ) of measures for guaranteeing their security, legal and social protection, which are used in cases of encroachments upon health, life and property of said persons, when such encroachments are related to their official activites, and also to those of their relatives, and in exceptional cases - other persons, on life, health, and property of which there is an encroachment in order to interfere with the lawful activities of judges, officials of law-enforcement adn controlling bodies, staff of the federal state guarding bodies or to make them change the character of their activities, or as an act of revenge for such professional activities.
Mal'tsev A.E., Mel'nikov O.V. - Standards in healthcare system and judicial medicine. pp. 135-142

DOI:
10.7256/2306-4218.2014.1.9910

Abstract: The modern healthcare is constantly being reformed, and one of directions of such reforms is formation of an efficient mechanism for the improvement of quality of medical aid. An important role in this process is provided to the standardization of the main medical activity processes, which is based upon the recognized scientific and practical results. In the last decade the quantity of diagnostic methods has grown, and the opportunities for their application also widened their scope, the medical practice got more complicated.  Due to the above-mentioned reasons the standardization of curative and diagnostic process was necessary in order to unify and classify diagnostics. The standardisation process in the health sphere came to a new level in 1998, when on January 19 a joint Order by the Ministry of Healthcare of Russia and the Federal Fund for Obligatory Medical Insurance on key provisions on standardization in healthcare was issued.  The Order reflected goals and aims of standards, the need for a united system for evaluating quality of their application. In the process of formation of standardization in healthcare  the issue of obligatory character of standards was for a long time quite topical.  In the Federal Law of 27 December, 2002 N. 184-FZ "On Technical Regulation" referred to voluntary character of application of standards when providing healthcare to the population.
Kemeneva Yu.V., Kovalev A.V. - Role of judicial medical service in interdepartmental counteraction to cruel treatment of children. pp. 143-155

DOI:
10.7256/2306-4218.2014.1.9909

Abstract: Protection of rights and lawful interests of juveniles is one of important social problems, which has been attracting the public attention for a long time. For decades the international human rights organizations have been calling for counteraction against cruel treatment of children. The key document on the protection of rights of children is the Convention on the Rights of the Child, which was adopted on November 20, 1989 by the Resolution 44/25 of the General Assembly of the UN. Art. 18-27 of the said Convention define the obligations of the state to provide assistant to parents and lawful guardinans and to protect the children from any form of physical, sexual or psychological violence, lack of care or negligent treatment of parents, lawful guardians or any other person taking care of a child. The Convention on the Rights of the Child is ratified by over 200 states, the USSR being among the first twenty states to ratify it. According to the Convention the participating states are obliged to take all necessary measures to implement the rights of children, as officially recognized by their agreement.
Kovalev A.V., Kadochnikov D.S., Zubkova I.I., Martem'yanova A.A. - Historical aspects of application of the article of the Criminal Code of the Russian Federation on failure to render aid to a sick person. pp. 156-166

DOI:
10.7256/2306-4218.2014.1.9908

Abstract: The employees of the healthcare systems in the Russian Federation in general, and doctors in particular, form one of the most vulnerable and legally unprotected categories of workers from the standpoint of criminal law. One of the Articles of the Criminal Code of the Russian Federation (hereinafter, the Code) qualifying the actions and establishing the punishment for persons, including medical workers is Art. 124 "Failure to render aid to a sick person", is formulated as follows:1. Failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it in keeping with the law or with special rules, if this has entailed by negligence the infliction of injury of average gravity to the health of the sick person, shall be punishable by a fine in the amount up to 40 000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 3 months, or by corrective labour for a term of up to one year, or by arrest for a term of two to four months.2. The same act, if it has involved, through negligence, the death of the sick person or the infliction of grave injury to his health, shall be punishable by compulsory labor with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or without it, or deprivation of liberty for a term of up to four  years with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or without it.
Erofeev S.V., Kovalev A.V., Pletyanova I.V. - On the issue of termination of the period of limitation for criminal liability for the offences by medical personnel. pp. 167-177

DOI:
10.7256/2306-4218.2014.1.9906

Abstract: The problem of legal responsibility of medical personnel for the professional offences is one of the most complicated challenges which medical practice has set for the law.  It is well known since long ago that investigation on such cases often concerns untypical situations, which makes the investigation process much lengthier. Moreover, in late years in several criminal cases the situations arose, when the length of the investigation process was close to the termination of the period of limitation. Is that tendency on medical crimes caused by the undue performance of professional obligations?  Searching for an answer we have analyzed on an article-by-article basis the qualification of medical offences and termination of limitation periods for criminal liability under the latest changes in the Criminal Code of the Russian Federation. It is obvious, that amendments in Art. 15 of the Criminal Code of the Russian Federation (categories of crimes), as provided for in the Federal Law N. 420-FZ of December 7, 2011 considerably narrowed the time period for criminal responsibility.
Zvyagin V.N., Anushkina E.S. - Establishing the generic type of calcius. pp. 178-193

DOI:
10.7256/2306-4218.2014.1.9949

Abstract: The need to establish whether the calcius belonged to a human or to an animal usually arises in cases of expertise of burnt or ash remains. The experts face the need to study large amount of large and small bone fragments at various stages of temperature incandescence (black, gray, white), which have been subject to shrinkage, deformation and various influences of external factors.  That is why each such expertise is unique in quantity and elements of objects, use of laboratory and diagnostic methods.  The authors draw attention of medical criminalist experts to the general methodological principles for such expertise: rational choice of methods, evidentiary value, and the limitations of the capabilities of methods, limitations to the studies and form for the conclusions. Strictly speaking, the judicial medical establishment of generic type of calcius is only possible based on biological study methods. In all other cases it is more precise to speak of defining the origin of bones (native, ashed) to a human being, animal or a bird.
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