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.   

DOI: 10.25136/2409-7810.2019.3.30271

Abstract: The research object is expert experiment as a method of scientific research and practical cognition, its importance for the formation of the theory of methods of forensic analysis within the general forensics theory and authenticity of expert’s opinion. The article studies the problem of methodological support for expert experiment. The author gives attention to the practicability of the development of expert experiment techniques with account for its specific aims, and considers the stages of expert experiment, and formulates the conclusions about their number. 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: 10.25136/2409-7810.2019.3.30647

Abstract: The article studies the role of economic expertise for the investigation of fraud connected with wilful default of contractual commitments in the field of entrepreneurship. The author states the subjects and the objects of economic expertise and the conditions upon which it is commissioned. Besides, the author analyzes and defines the problems emerging at the stage of commissioning economic expertise and the peculiarities of interaction between an investigator and an expert directly in the process of inspecting and when the investigator assesses the expert’s opinion. The author enumerates the requirements to the economic expertise. The research methodology is based on general scientific methods including the dialectical method, analysis and synthesis, generalization, and specific methods, such as system-structural and comparative-legal. The article contains the key peculiarities of interaction between the initiator of the expertise and the expert at the pre-expert stage of assessing the materials of the criminal case. The author analyzes the peculiarities of commissioning and performing judicial accounting expertise and financial and analytical expertise during the investigation of criminal cases on fraud of the above mentioned type. The author concludes about the significance of these types of expertise for investigating criminal cases on fraud connected with wilful default of contractual commitments in the field of entrepreneurship.   

DOI: 10.25136/2409-7810.2019.3.30641

Abstract: The recent change of the nature of crime and the necessity to improve legal investigation instruments have caused essential quantitative and qualitative transformation of the institution of mandates. It has revealed some problem issues connected with the limits of such a delegation of investigator’s authority. Obviously, there are procedural powers which can’t be delegated. According to the law,  formulation of proceeding decisions is one of the powers that can’t be delegated. However, a necessity to urgently formulate a procedural decision as the result of legal investigative activities based on an investigator’s mandate can occur. The purpose of this research is to define the criteria of observation of the limits of investigator’s mandate as a way of delegating procedural authorities. The research methodology is based on the dialectical method of scientific cognition, the comparative-legal, logical-analytical, formal-logical and system-structural methods of studying legal phenomena and processes in the field of criminal procedure. The author’s particularly important contribution is the analysis of the compliance of the formalization of the institution of investigator’s mandate with the requirements of the modern investigative practice. The article considers the types of investigator’s mandates, analyzes the existing scientific opinions on this issue, gives examples of errors of law and legal gaps.   

DOI: 10.25136/2409-7810.2019.3.30080

Abstract: The organization of selection of leadership positions candidates in internal affairs bodies includes a wide range of norms, principles, instruments and methods aimed at the formation of qualified management personnel at all levels and the capacity of the head of the body of internal affairs. The subject field of the research in the organizational basics of application of personnel technologies to vacancies filling in internal affairs bodies. The purpose of the research is to analyze the problems of organizational support of the process of vacancies filling in internal affairs bodies. To reach this goal, the author uses the modern methodological instruments including philosophical, general scientific, specific and special research methods. The scientific novelty of the study consists in the fact that the author develops the conceptual framework aimed at the reformation of the institution of filling leadership positions in internal affairs bodies, and detects the most effective ways of its improvement. The author resumes that the personality of the head of the body is very important in the system of internal affairs since it has a hierarchical structure and is based on the principle of undivided authority. Being an executive body and performing various functions and actions aimed at different goals, this system determines the high level of expertise of its head.   

DOI: 10.25136/2409-7810.2019.3.29997

Abstract: The research subject is the set of legislative provisions composing the civil institution of recourse, the practice of their application in the context of requirements to the procedure and the conditions of imposing different types of responsibility on the officials of internal affairs bodies for offences related to discharge of official duties, and the scope of scientific works studying recourse obligations. The authors analyze the latest statistical data illustrating the condition of litigating actions commenced within the rule of articles 1069, 1070 of the Civil Code of the Russian Federation. The research methodology is based on general philosophical (materialistic and dialectical), general scientific (historical, logical, system-structural), specific (sociological, statistical, hermeneutical methods, modeling, and the method of strategic assessment), and special (structural-legal, formal-legal) methods. The authors substantiate the conclusion that the institution of recourse serves as an effective instrument of strengthening legality in the fields of administrative and criminal procedure. At the same time, the mechanisms of application of direct liability and recourse liability are not equal, and it is necessary to lay groundwork aimed at establishing and proving the illegality of actions (or inactions), consequences, and guilt, in each particular case.   

DOI: 10.25136/2409-7810.2019.3.30335

Abstract: The research object is the investigation activities aimed at the formation of a body of evidence with the help of video recording of events related to crimes specified in the article 173.1 of the Criminal Code of the Russian Federation. The author considers such aspects of the topic as possible places where videotapes in question can be found, the ways of their seizing at the stage of initiation of a criminal case, and tactical peculiarities of seizing and studying these videotapes. The author describes the common errors connected with seizing and studying such videotapes and analyzes the consequences of these errors. The research is based on the complex use of general scientific methods of cognition along with empirical and theoretical approaches. The scientific novelty of the study is determined by the necessity to improve the technique of investigating such types of crimes, to broaden the applied body of evidence in order to come to a well-argued decision in a case, to systemize knowledge about the specificity of seizing and studying videotapes, and to give practical recommendations on formulating particular circumstances which are to be reflected in the corresponding investigation reports. The author states the necessity to establish minimum requirements to the description of the content of an on-site inspection report at seizing and studying CCTV tapes in order to preserve a videotape as evidence and to use it for evidence assessment. The integrity of the seized video materials should be ensured in order to find all perpetrators connected with illegal founding of an organization.