DOI: 10.7256/2454-0692.2019.3.30196

Abstract: The research object is expert experiment as a method of scientific study and practical perception, and its importance for the formation of a theory of methods of forensic analysis within the general theory of forensics and authenticity of expert’s opinion. The author studies documentation of expert experiment and the problem of the influence of documentation techniques on the experiment results assessment and expert’s opinion. The article deals with the problem of assessment of the results of expert analysis and experiment by investigators and the court, and the specificity of using different forms and techniques of documenting the results of expert experiment. The research methodology is based on materialist dialectics and tre related general methods: formal-logical, comparative-legal, system-structural, statistical methods, generalization of expert practices, etc. The scientific novelty of the research consists in the fact that the present research is considered as a complex research of experiment in judicial expert practice. The aim of the research is to develop theoretical fundamentals which would organize knowledge about this method, and practical recommendations for raising the effectiveness of using its results in the activities of law-enforcement bodies.

DOI: 10.7256/2454-0692.2019.3.29747

Abstract: The research subject social relations connected with voluntary participation of citizens in the activities aimed at public order protection. The research object is the activities of persons with a status of an unofficial collaborator of the police. The authors consider such aspects of the topic as interaction between citizens and law-enforcement agencies including the police; study the content of the term “cooperation” considering it in the context of socio-economic relations; give attention to the essence of the status of an unofficial collaborator of the police and its problem aspects; analyze the correlation between unofficial collaboration with the police and work with other spheres. The research is based on the complex use of general scientific methods of cognition together with empirical and theoretical approaches. The authors establish the minimum requirements to professional competence of an unofficial collaborator both from the general legal viewpoint and depending on the category of their relation to a particular unit or department of internal affairs body. An unofficial collaborator should have a right to immediately react to the detected crime in case of the absence of an officer and give first aid to the injured, otherwise, the status of an unofficial police collaborator loses its sense.   

DOI: 10.7256/2454-0692.2019.3.29311

Abstract: The research subject is administrative protection of persons who assist internal affairs bodies or other law-enforcement agencies by reporting crimes. The research object is social relations appearing in the process of protection of rights and legitimate interests of road users. The aim of the article is the consideration of the legal framework regulating citizen participation in public order protection and public safety provision. The author gives special attention to the fact that a person, recording the fact of a crime in a lawful way, should be protected by the government. The research methodology is based on the dialectical, historic, system-structural, statistical, comparative-legal and other methods of jurisprudence. The scientific novelty of the study is determined by the necessity to improve the legal mechanism of preventing the violation of rights and legitimate interests of road users in the field of traffic safety provision. The author describes the problem and offers ways to solve it by means of citizen participation in public order protection and public safety provision. The author states that it is necessary to reconsider legal provisions regulating road traffic safety provision in order to increase the effectiveness of citizen participation. The results of the research can be used in law-making activities of public bodies, law-enforcement activities of responsible agencies, educational process, and scientific research of specialists in the sphere of road safety provision and the legal system improvement.   

DOI: 10.7256/2454-0692.2019.3.30087

Abstract: The author gives special attention to the specificity of a circumstance in proof in criminal cases against minors who committed a socially-dangerous act being mentally disturbed or minors who suffered from mental disturbance after the crime. The author attempts at proving the conclusion about the independency of a circumstance in proof in this category of criminal cases. Besides, the author presents the set of circumstances subject to proving in the proceedings on compulsory measures of medical character. The article describes the term “other circumstances significant for a criminal case” and considers the significance of a special circumstance in proof in proceedings on compulsory measures of medical character. The author uses the dialectical method of cognition and the principles of unity of analysis and synthesis and comprehensiveness. The author formulates the set of circumstances subject to proving in the proceedings on criminal cases against minors suffering from mental disturbances, and states that these circumstances form a special independent circumstance in proof containing circumstances listed in articles 73, 421 and 434 of the Criminal Procedure Code of Russia.   

DOI: 10.7256/2454-0692.2019.3.30194

Abstract: The research subject is structural elements of qualification requirements to the employees of internal affairs bodies. Their structure is established by the current legislation. The article focuses on general and specific requirements and differences in the requirements depending upon the category and the composition, and the conditions of their application for recruiting and distributing. The author gives special attention to the differences in professional activities of the employees of law-enforcement agencies and the abstract character and ambiguity of qualification requirements to them. The author uses the methods of analysis, synthesis, classification, description, etc. The author analyzes requirements to the candidates established by the current legislation. The scientific novelty of the study consists in the justification of the necessity to create a new three-level system of qualification requirements thus specifying them by their service characteristics of the performed activities; introduce professional qualification models of positions in internal affairs bodies including qualification characteristics of the position and qualification requirements for candidates. They should be based on the principle of compulsory professional selection. The proposed models would be used not only for recruitment, selection and assessment of employees, but also for strategic planning of the service and the employee’s career growth.