DOI: 10.25136/2409-7136.2019.4.29330

Abstract: The scope of the research covers explanations of legal provisions regulating special judicial procedures to unprofessional participants of the criminal process. The aim of the research is to develop recommendations that would minimize violations of rights and interests of aforesaid actors in cases when prosecution and defence reach a compromise based on the provisions of Chapters 32.1, 40, 40.1 of the Russian Federation Code of Criminal Procedure. To achieve the research targets, the authors have used general and special research methods including synthesis, analysis, forecasting, comparison, etc. Based on the analysis of scientific discussion and judicial practice, the authors have described typical situations when individuals under prosecution did not fully understand the meaning of special judicial procedure and how to use it in practice. To solve and prevent similar problems, the authors offer to use opportunities provided by legal education. They also make particular recommendations on how to create and implement recommendations for accused, victims, etc. They conclude that legal education is the key factor of actual defence of rights and interests of unprofessional participants of the criminal process. 

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.