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: 10.25136/2409-7810.2023.2.40104

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.