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Publications of Yarovenko Vasilii Vasil'evich
Legal Studies, 2022-2
Yarovenko V.V., Pyatkova O.V., Cherednichenko A.V. - Application of digital technologies in fingerprinting (transition to creation, storage and research of materials in electronic format) pp. 51-62

DOI:
10.25136/2409-7136.2022.2.35038

Abstract: The subject of the study is the fixation of traces and impressions of papillary patterns of fingers and palms of hands with digital devices and scanners. The research methodology is based on the analysis of modern scientific provisions and expert practice on digital technologies used in fingerprinting. Attention is paid to private scientific methods of cognition: description, comparison of signs of papillary patterns obtained electronically. The empirical component of the study confirms the need to obtain fingerprint information by the traditional method - by using printing ink to stain papillary patterns of fingers and palms of hands, which makes it suitable not only for fingerprinting, but also for poro- and ejeoscopic examination. В  The main conclusions of the study conducted by the authors on the use of digital technologies in fingerprinting in electronic format is that when fixing and scanning a papillary pattern, proper image quality is not provided, small details (hook, peephole, fragment) are distorted, and private features are lost. When processing fingerprint information by scanners, errors are made, technical failures occur in the operation of the ADIS. Illustrative materials of poor quality cast doubt on the reliability and evidentiary power of fingerprint examination. Comparative study of handprints and fingerprints of the persons being checked with the help of ADIS "Papilon" can be used only as an auxiliary method.
Law and Politics, 2018-6
Yarovenko V.V., Korchagin A.G. - Evolution of the Russian criminal policy: criminal act, administrative prejudice, problems of incentive norms pp. 37-49

DOI:
10.7256/2454-0706.2018.6.26482

Abstract: The subject of this research is the problems of the Russian criminal policy, considering the correlation between the criminal law and the administrative legal relations. Attention is turned to the fact that the idea on criminal act would have been attractive if the Code of the Russian Federation on Administrative Offenses excludes all constituent elements that in its legal nature are not referred to administrative offences, but for some reason or other cannot be designated as crimes, although gravitate towards them. The majority of them is considered by courts as criminal acts. Based on the conducted analysis, the authors underline the need for revising the procedural norms that establish the patterns on criminal offences in the sphere of economics and preventative activity by integrating them into a single criminal-procedural form so that it does not doubt the fairness of grounds for exempting the criminal responsibility in the sphere of economic activity.
Legal Studies, 2018-3
Yarovenko V.V. - Criminal Responsibility for Using Cold Weapons pp. 58-75

DOI:
10.25136/2409-7136.2018.3.25553

Abstract: The article is devoted to criminal responsibility for using cold weapons, all kinds of knives and items that can be used as weapons. The author of the article demonstrates that the danger to the public depends not on the item that was used to commit a crime but actions committed by the guilty to the victim. The number of crimes that resulted in life and health injury were committed using general purpose items is more than that committed using cold weapons. In this research Yarovenko also pays attention to technical features of knives that are similar to cold weapons and considerably exceed admissible criteria. The methodology of the research is based on the analysis of applicable criminal laws, opinions of scientists and judicial investigative practicians regarding the definition of cold weapons and items that can be used as cold weapons. The novelty of the research is caused by the author's conclusion that since the criminal law regulating the use of cold weapons and items that can be used as cold weapons does not contain any distinctions between these, these crimes (Part 4 of Article 222 of the Criminal Code of the Russian Federation and Part 4 of Article 223 of the Criminal Code of the Russian Federation) can be decriminilized as if they were not causing any threat to the public.  
Police and Investigative Activity, 2018-2
Yarovenko V.V. - Participation of Witnesses in Investigative Actions as the Guarantee of Preliminary Investigation Validity pp. 56-65

DOI:
10.25136/2409-7810.2018.2.26137

Abstract: The subject of this research is the investigative interview of a witness as a participant of investigative proceeding. Yarovenko analyzes opinions of resarches on the use of modern technical means of recording instead of participation of witnesses. He focuses on the practical importance of an investigative interview of an individual recognized as a witness by the court and whether an investigative interview of a witness is the guarantee of the validity of a preliminary investigation in terms of requirements for the criminally-remedial law. The use of video recording still leaves a chance for falsification but creates more difficulty to discover them. The methodological basis of the research includes formal law method, generalisation, comparative law method, as well as analysis and synthesis of judicial practice. As a result of the analysis of researches and criminal cases, the author concludes that an investigative inquiry of a witness is the guarantee of validity of investigation both for the accused and investigators, investigators and operations staff. Thus, the current technical means of recording cannot guarantee the validity of evidence. 
Police and Investigative Activity, 2018-2
Yarovenko V.V., Poleshchuk O.V., Shapovalova G.M. - Cloud Computing as a New Paradigm of Criminal Science pp. 66-72

DOI:
10.25136/2409-7810.2018.2.26409

Abstract: The subject of the research is the problem of information resources of operative investigation and technical criminalistical tasks resolved by investigators and inspectors in the course of crime detection and investigation. The authors outline the most typical features and patterns of the development and application of existing information funds, collections, and atlases that contain a description of the  most commonly used items and traces designated for accurate and detailed description of an object in an investigation protocol (inspection, seizure, search), the latter being an essential condition for the validity of material evidence. The methodology of the research is based on the methods of analysis and interpretation of applicable laws and conceptual provisions of information management and analysis in criminal research as well as application of the law to investigation of crime. As a result of the research, the authors define and prove the need of transfer from the traditional information management of everyday investigation office activities to the cloud computing technology as part of computer-based criminalistics. At this state of the development, criminalistics pay a lot of attention to electronic media that can be accessed both locally and remotely via the Internet. 
Police activity, 2018-1
Yarovenko V.V., Korchagin A.G., Trushova I.V. - The Problems of the Legal Regulation of Crypto Currency in Russia pp. 9-21

DOI:
10.7256/2454-0692.2018.1.25526

Abstract: The subject of this research is the instable monetary and financial credit systems that create a threat for economic security of Russia. The authors of the article emphasize the need to develop the national system of payment cards and legally consolidate the list of contractual obligations of using them. The authors focus on the legal nature of electronic money that is often the matter of crime committed against material benefits of a special kind because these are the rights of claim that refer to another kind of material benefits in the acting system of civil law objects. The methodology of the research is based on the analysis of applicable laws and regulations, doctrines of property items and practical fraud actions. The authors pay special attention to the method of interpretation. Based on the results of their research, the authors come to the conclusion that electronic money cannot be considered as cashless monetary funds. Development of electronic banking and appearance of new kinds of crime committed with the use of the most recent information technologies creates the need to establish an adequate system of interaction including so called computer criminal science as a particular branch thereof.   
Law and Politics, 2017-7
Yarovenko V.V. - Commercial dermatoglyphic testing and criminalistics dermatoglyphics pp. 100-109

DOI:
10.7256/2454-0706.2017.7.23456

Abstract:  This article explicates a position towards the commercial pseudoscientific dermatoglyphic testing, which discredits the dermatoglyphic research. Attention is turned to the inadmissibility of identification of such testing with the criminalistics dermatoglyphics, which level of development is rather high. The author reviews the propositions of the scholars, who specialize in the area of forensic and criminalistic dermatoglyphics, as well as practical determination of various characteristics of a human based on the maximally full volume of qualitative and quantitative dermatoglyphic signs. This article represents an analysis of the insufficiently reasoned critical position of formation of the criminalistics dermatoglyphics theory, as well as ways for resolution of the diverse diagnostic tasks. It is aimed at establishment of the objective assessment of the current status of theoretical and practical research of criminalistic dermatoglyphics as a constituent of the sector of criminalist technique – trace evidence.
Legal Studies, 2017-6
Yarovenko V.V. - Expert initiative in the modern expert practice pp. 84-94

DOI:
10.25136/2409-7136.2017.6.22855

Abstract: The author gives attention to the controversial points of expert initiative on the issues, not mentioned in a decision about the appointment of judicial expertise, but related to the subject of expert investigation. The author studies the current legislation and the scholars’ positions on the necessity to formalize this initiative, which, in the author’s opinion, doesn’t correspond with the adversarial principle. Besides, the author studies various types of expert’s opinions on particular criminal cases related to expert initiative. The author uses two main approaches to substantiate his decisions: the comparison of expert initiative novels, proposed by different authors, with the current legislation, and the analysis of expert practice. The author concludes that the problems, raised by the expert, and their investigations shouldn’t be included in the expert’s opinion, since they can be considered as an inadmissible evidence and can be excluded from evidentiary information; it is unreasonable to formalize the provision, which can infringe the interests of the parties; expert initiative can be applied to the expert’s questions if they don’t change the meaning and the volume of the investigation. 
Legal Studies, 2017-4
Yarovenko V.V., Vereshchagina A.V. - The language of criminal procedure in the Republic of Uzbekistan pp. 38-46

DOI:
10.7256/2409-7136.2017.4.22162

Abstract: The authors analyze the normative model of the language of criminal procedure in the Republic of Uzbekistan. The institution of the language of criminal procedure of Uzbekistan consists of three interconnected components: the principle, the procedural statuses of the parts to criminal procedure, and the guarantees of the enjoyment of the right to use the native language of the trial participant or the language he or she can speak. The Uzbek variant of the principle is analogous to the Soviet one and contains the possibility to use any language during criminal procedure, despite the fact that the Constitution of the Republic formalizes the only state language – Uzbek. The procedural statuses of the subjects don’t comply with the essence of the concept of the language of criminal procedure, since officially not all trial participants enjoy the right to use the native language or the language they can speak. There are difference guarantees of this right. The authors apply different methods, including historical, formal logical and comparative methods of cognition. The set of research methods helps comprehensively analyze the institution and formulate the substantiated conclusions. The Uzbek institution of the language criminal procedure hasn’t been studied yet. The main instrument of guaranteeing the right to use the native language or the language a person can speak is the institution of interpreters. In the authors’ opinion, the model of the institution of interpreters needs to be corrected due to some defects. Firstly, the legislation doesn’t contain any legal definition of the term “interpreter”. Secondly, the legislation doesn’t systematize the grounds and the procedure of interpreters’ participation in the procedure. Thirdly, there are gaps in the regulation of their statuses. All the revealed drawbacks of the normative model of the institution of language can affect the law enforcement practice and the observation of rights of the participants of the criminal procedure, so it would be better to eliminate them. 
Police activity, 2017-2
Yarovenko V.V. - Use of special methods for the study of firearms pp. 9-19

DOI:
10.7256/2454-0692.2017.2.22290

Abstract: The author studies disputable aspects of consideration of firearms as an object of ballistics examination, and of formulation and settlement of current problems of such an examination. The author gives special attention to the use of the term “object looking like”, which doesn’t contain the actual title of an examined gun. The author agrees with the opinion that the questions to a forensic expert must be formulated correctly, and must point at the necessity to use special knowledge. There’s no such a necessity when firearms are examined. The author applies general scientific (comparison, analysis, generalization) and specific research methods (formal-dogmatic, comparative-legal, etc.). These methods help analyze investigation and expert practice and the current legislation, and formulate substantiated conclusions. The author agrees with the scholars’ opinion about the necessity to amend the Federal Law “On firearms” with a list of factory-made hand firearms. The author offers amending the clause 6, part 3, article 57 of the Criminal Procedural Code of the Russian Federation with the right of an expert not to answer the questions, which don’t require special knowledge. 
Law and Politics, 2016-6
Yarovenko V.V. - Participation of attesting witnesses in an investigation

DOI:
10.7256/2454-0706.2016.6.19390

Abstract: The subject of this research is the legal regulation of the participation of the attesting witnesses in investigations. The author gives attention to the legislative changes of the institution of attesting witnesses in Russia, which prompted a discussion among both, scholars and legal professionals. The article explores various opinions of scholars and the investigative-legal practice of investigative work involving attesting witnesses. An undefined, and an important from the practical point of view factor, is the questioning of the attesting witness on the witness stand and acceptance of their statement as proof. The author comes to the conclusion that there is a need for changes in the participation of attesting witnesses in investigations with consideration of the realities of today. A guarantee of the validity of evidence will in time be ensured by use of technological means of recording of facts used by the investigators and specialists, rather than by participation of attesting witness in investigations. In order to exclude the problem of validity of the recording of evidence via technological means, it is necessary to implement Part 2 of the Article 303 of the Criminal Code of the Russian Federation, which establishes responsibility of the detectives and investigators for falsification of evidence.
Law and Politics, 2016-5
Yarovenko V.V., Korchagin A.G. - Pre-trial agreement to cooperate: status, issues, prospects

DOI:
10.7256/2454-0706.2016.5.18561

Abstract: This article gives a detailed examination to the issues of pre-trial agreement to cooperate. The authors present a brief analysis of the problematic issues of the legal regulation of this institution that emerged as a necessity for counteracting organized forms of crime, which has high latency and loyalty among its members. The idea of deals, made between the defense and the prosecution during the first stages of judicial process, is rather promising, as it simplifies and eases the process of the court proceedings, and reflects the tasks of preliminary investigation on establishing all circumstances of the criminal act with simultaneous increase in efficiency of counteraction of the criminal activity as a whole. The materials of the investigative and prosecutorial practice confirmed that the cooperating suspects and defendants are in fact parties to organized crimes with the following qualifications: “group of people”, “group of people based on conspiracy”, “organized group”. The authors make the conclusion that the Chapter 40.1 of the Criminal Procedural Code of the Russian Federation does not contain the positions on the specificity of protection of the rights of the victim in cases of cooperation with a suspect (defendant) of the pre-trial cooperation agreement.
Police activity, 2016-3
Yarovenko V.V., Poleshchuk O.V. - On the subject of the science of criminalistics

DOI:
10.7256/2454-0692.2016.3.18372

Abstract: The authors consider disputable questions about the subject of the science of criminalistics. The paper contains a brief analysis of the scholars’ positions on the notion of the “subject” of this science, and of the masters and bachelors of criminalistics education in the contemporary Russian Federation. The processes taking place in criminal and criminal procedural legislation need for a comprehension; they are important for criminalistics as far as they affect its subject. The research methodology is based on the analysis of the existing views of the concept of the “subject” of criminalistics in the historical development. The novelty of the study lies in the discussion about the scientific role of or a common sense theory in criminalistics. Criminalistics as a science is aimed at elaboration and systematization of objective knowledge about the laws of emergence, detection, research, evaluation and use of the factual data (traces) about the mechanism of a crime and its participants. 
Police activity, 2016-1
Yarovenko V.V., Tereshchuk N.A. - Notion and types of expert mistakes

DOI:
10.7256/2454-0692.2016.1.17689

Abstract: The authors consider scientific studies and expert practice on the problems of expert mistakes and their solution. The authors pay attention to expert’s competence and expert’s initiative, expert’s report about the questions, which can be solved without special knowledge. The expert has touched upon legal issues and based his conclusions not on the results of the study, but on the materials of the case. The analysis of the current condition allows concluding that expert mistakes should be considered in terms of particular expert situations. The study had been carried out in the period from 2000 till 2015. The authors analyze theoretical and empirical researches of other authors. The research methodology is based on the analysis of statutory acts, the doctrine and the practice of expertise. Significant attention is paid to the method of interpretation. The authors conclude that in cases when the expert falls beyond his competence, touches the issues of legal nature, provides opinion on the questions which can be solved without special knowledge, substantiates his opinion by the materials of the case, without considering particular expert situations, his opinion should not be considered as an expert mistake. 
Law and Politics, 2015-11
Yarovenko V.V., Kitaev N.N. - On the issues of development of dactyloscopy

DOI:
10.7256/2454-0706.2015.11.16773

Abstract: This work was motivated by the constant attention of the scientists and practicians to improvements in dactyloscopy due to development of scientific and technical means and scientific milestones in criminology and forensic science on identification. The authors examine the problems of reasonableness of implementation into law enforcement of delta index, symbol dactyloscopic formula as a combination of ridge patterns of the palm and fingertips, as well as other dermatoglyphical traits of the ridge patterns. A special attention is given to the argument that the symbol dactyloscopic formula can serve as biological marker of adaptive phenotype, allowing forecasting emergence of criminally significant events by the ridge patterns of the individual. Analysis was conducted on the research of ridge patterns by other authors from previous years, as well as ridge patterns of persons who committee violent crimes in a number of Russian regions. The results and comparison with the proposed prospects of development in dactyloscopy and dermatoglyphics by other authors reveal that neither the numerical nor symbol formula is sufficient for identification of a specific individual. The research needs to be conducted on the morphological images of the ridge patterns of fingertips, which will allow avoiding mistakes.
Law and Politics, 2015-5
Yarovenko V.V. - On the criminal liability according to the article 181 of the Criminal Code of the Russian Federation

DOI:
10.7256/2454-0706.2015.5.15116

Abstract: The author conducts a detailed review of the violation of rules of manufacturing and use of the government hallmark amongst crimes of illegal trade of precious metals, natural precious gems and pearls. The article 181 of the Criminal Code of the Russian Federation (CCRF) protects the legal order of hallmark supervision in order to ensure the legal interests of the country and its citizens in the area of trade of jewelry and other objects with precious metals bearing the hallmark. A special attention is given to the fake hallmark and its imprint on jewelry. The law addresses only the acts of forgery of the hallmark as a material object. The author justifies the proposal to exclude the article 181 from the CCRF. The punishment for these acts can be ensured by the Code of the Russian Federation on Administrative Offenses, which establishes the liability for various actions that differ from crimes by the level of public threat.
Law and Politics, 2015-4
Yarovenko V.V. - On the issues of the notion and qualifying factors of permanent disfigurement of the face

DOI:
10.7256/2454-0706.2015.4.13556

Abstract: The article examines the qualifying factors of inflicting a severe harm to a person's health - a permanent disfigurement of the face, which does not necessarily pose a serious threat to the subject's health in form of preventing them of being able to perform day-to-day duties or a complete loss of ability to perform work functions. The author notes that the proposal of some scholars to introduce criminal responsibility not only for disfigurement of the face, but also any other part of the body, is rather controversial, as face is an exposed part of the human body and is a part of forming a perception about them and can often invoke a negative reaction towards them. The proposed amendments place the face in the same position as other parts of the body. The author believes that in resolving such matters on the disfigurement of the face it is necessary to consider the victim's perception of beauty, as well as their national anatomic features as a whole: gender, age, type of activities, etc. As a solution to this problem, a proposal is made to allow the prosecutor to request an aesthetic examination, entrusting the task to portrait artists or specialists in the area of visual arts, who would provide the criteria on the presence or absence of disfigurement of the face, taking into account the national features and perceptions on beauty and uniqueness.
Law and Politics, 2014-12
Yarovenko V.V., Poleshchuk O.V. -

DOI:
10.7256/2454-0706.2014.12.13689

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Law and Politics, 2014-11
Yarovenko V.V., Kitaev N.N. -

DOI:
10.7256/2454-0706.2014.11.13129

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Law and Politics, 2014-10
Yarovenko V.V. -

DOI:
10.7256/2454-0706.2014.10.12997

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Law and Politics, 2014-6
Yarovenko V.V. -

DOI:
10.7256/2454-0706.2014.6.11382

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Law and Politics, 2012-4
Yarovenko V.V. -
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Law and Politics, 2012-3
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Law and Politics, 2011-3
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Law and Politics, 2010-7
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Law and Politics, 2010-4
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Law and Politics, 2009-4
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Law and Politics, 2009-4
Yarovenko V.V. -
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