DOI: 10.7256/2409-7136.2017.4.22354

Abstract: The research object is the personality of a cadastral engineer as a system set of properties with socially significant quality determinancy. The research subject contains the data about the manifestations of personality of cadastral engineers in their main field of activity – cadastral – and about socio-psychological and emotional-volitional qualities, legal behavior and behavior deviations. The paper is the result of multifactorial psychological and criminalistical approaches to the study of criminal behavior and personality of a cadastral engineer based on the reflection of individual and personal peculiarities of these persons. The authors apply the following methods: interviewing, observation, conceptual and psychological analysis, analysis of practical results of the activities. The psychological diagnostics of the peculiarities of personality is based on the testing results. Besides, the authors use one-dimensional and multidimensional methods of statistical analysis, and modeling. The authors are the first to carry out the complex criminal and psychological and criminological analysis of a personality of a cadastral engineer. Based on the acquired research results, the authors formulate theoretical provisions about the personality of the objects of study. The research is significant for theoretical substantiation of the set of measures of prevention of crimes in cadastral activities, and for crimes investigation in this sphere. 

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: 10.25136/2409-7810.0.0.23094

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: 10.7256/2454-0692.2017.2.22209

Abstract: The authors study one of the topical issues in the sphere of crimes prevention in cadastral activities – determination of criminological determinants of latency. Based on the results of a representative criminological study, the authors reveal the peculiarities, determining latent crimes in the sphere of cadastral activities. The authors analyze the contemporary state and the dynamics of crimes in the sphere under consideration, and focus on judicial practice; characterize the revealed determinants of latency of the considered compositions of crimes, and reveal the possible causes and factors of their formation; study the subject of crimes and the victimologic aspect. The methodological base of the research includes general theoretical and specific research methods of cognition, including criminological observation (statistical observation); interviewing and questioning of the officials of law enforcement agencies, specializing in investigation of crimes in the sphere of economic activities; study of the latest works on criminal law and criminology, the current legislation, and judicial practice; induction and deduction; statistical methods (collection and classification, detection of common features, statistical analysis). The importance of studying crime latency in the sphere of cadastral activities is actualized by the necessity to raise the effectiveness of application of criminal law and the prestige of law-enforcement agencies, which, everything else being equal, are negatively related to the latent crime rate, since at the high level of unrevealed and undetected, and, consequently, unpunished, crimes, many may want to satisfy their needs by committing a crime. The present work is the first and the only existing study of crime latency determinants in the sphere of cadastral activities. Its theoretical importance consists in the fact that its results can serve as a basis for the development of criminal-legal and criminological methods of crimes prevention in this sphere, and the development of proposals about the improvement of criminal legislation. The practical importance consists in the possibility to apply the achieved results for the purpose of prevention of crimes in cadastral sphere. 

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.

DOI: 10.7256/2454-0595.2016.12.21306

Abstract: The research object is the phenomenon of administrative responsibility of a cadastral engineer for plotting of the knowingly false information on a delimitation or technical plan, or its inclusion in the inspection report, land delimitation project or a survey map, or for the forgery of records, which these documents are based on, on condition that these actions don’t contain a criminal offence. This phenomenon is rather disputable in legal science and practice. The research subject is administrative responsibility of a cadastral engineer for the abovementioned deeds and the judicial practice of its implementation. The research methodology is based on the analytical, comparative and system methods of scientific cognition. The study is based on the fundamental statutory acts of contemporary Russia and judicial practice. This research is the first and the only complex study of the responsibility of a cadastral engineer, considering the recent changes of administrative legislation and judicial practice. The topicality of the problem is determined by the fact that the lawsuits against the offences of a cadastral engineer face difficulties in the judicial practice due to the blanket character of the part 4, article 14.45. of the Administrative Offences Code of the Russian Federation, providing administrative responsibility for such actions. The author assesses the effectiveness of the established administrative responsibility of cadastral engineers, analyzes the mistakes of its enforcement and offers the ways to manage the situation.