DOI: 10.25136/2409-7810.2019.4.31134

Abstract: The research subject is the objective laws of reality studied within forensic graphology in general and criminalistic diagnostics of handwriting in particular. They include general and specific methodological regulations and peculiarities of studying handwriting. The research object is the current theoretical and methodological research in the field of criminalistic diagnostics of handwritten texts. The authors consider the evolution and the current state of criminalistic diagnostics of handwriting and the problems of forensic graphology in this field. The authors outline the budding directions of further development of diagnostic tasks. The research is based on the methods of dialectical and general scientific cognition and the historical and logical method. This approach allows considering the processes and phenomena of reality in their interconnection and helps to study the issue comprehensively. The article considers historical development and the current state of criminalistic diagnostics of handwriting. The authors focus on the analysis of approaches of the key scientists to studying handwriting for purposes of solving diagnostic tasks. The authors define the stages of development of the research in this field and the prevailing opinions, and formulate their own position.   

DOI: 10.25136/2409-7810.2019.4.28968

Abstract: The research subject is the classification of crimes against constitutional rights and freedoms of an individual and a citizen given in the article 19 of the Criminal Code of the Russian Federation. The author analyzes the classifications of crimes against constitutional rights and freedoms of an individual and a citizen contained in scientific literature and the difficulties in defining the object of particular crimes. The author gives attention to the connection between the classification of crimes with an object of a crime and proves the significance of classification for the purposes of classifying crimes and differentiating them from ancillary elements. The article describes the tendencies of development of the system of crimes against constitutional rights. The author uses general scientific and specific research methods including analysis, synthesis, deduction, induction, the systems method and the method of comparative research. The scientific novelty consists in the system analysis of the classification of crimes against constitutional rights and freedoms of an individual and a citizen and in the study of the system of such a system constructing. The author proves that the component elements of crimes established in the article 19 of the Criminal Code of Russia don’t cover all encroachments on civil rights known to criminal law.

DOI: 10.25136/2409-7810.2019.4.31782

Abstract: The research subject is the legal provisions, scientific sources and law-enforcement practice characterizing an objective side of an administrative offence specified in part 1, article 20.20 of the Administrative Offences Code of Russia. Based on the analysis of statutory instruments, scientific literature and law-enforcement practice, the author outlines particular problems of defining the content of an objective side of alcoholic beverages consumption in places prohibited by federal law. The author substantiates the dependence of an objective side of an offence on its object and defines particular elements forming an objective side of alcoholic beverages consumption in prohibited places. The research methodology is based on the set of general scientific and specific research methods (formal-legal, analytical, systems method, analysis, synthesis, modeling, etc.). Based on the research, the author emphasizes that the key element in defining an objective side of an offence, specified in part 1, article 20.20 of the Administrative Offences Code of Russia, is the interpretation of this act as wrongful by society and citizens. The author emphasizes several aspects that are to be proved while defining the presence of all elements of an objective side. The scientific novelty of the research consists in the comprehensive analysis of theoretical, legal and practical aspects of establishing an objective side of alcoholic beverages consumption in places prohibited by federal law, and the formulation of a mechanism of its proving and formulating particular directions of the improvement of both the organizational and legal components of this process.   

DOI: 10.25136/2409-7810.2019.4.30727

Abstract: The research subject is investigatory situations at the first stage of investigation of crimes connected with trafficking in precious metals and gems, and the work of an investigative branch aimed at settling such situations. Thus, the purpose of the research is to attempt to define the typical situations faced by an investigator at taking a decision about initiating a criminal case, and to develop the algorithms of investigator’s actions at each stage of investigation. The article is based on general scientific and specific research methods, including analysis and synthesis, observation and description, and specific forensic methods. The author offers the optimal and the most effective algorithms of investigator’s actions suitable for each particular typical situation. Due to the lack of scientific works studying this issue, the research results can be used for the development of an effective technique of investigating the types of crimes in question and the improvement of the work of investigative bodies.   

DOI: 10.25136/2409-7810.2019.4.30850

Abstract: The research subject is the official statistical results of the activities of law-enforcement bodies of Russia relating to the detection of crimes in the insurance industry. Based on the empirical data, the author assesses the current state and the dynamics of crimes in the field in question. Special attention is given to the organized crime rate which has increased nearly sevenfold. The author defines federal districts and territories with the highest rates of crimes in the insurance industry. The most common type of crime in this field is fraud. The author uses general scientific methods: the systems approach, the structural-functional, logical, historical and comparative methods, and specific methods: statistics, documents study, mathematical and sociological methods. The author describes the current state and the dynamics of crimes in the insurance industry. The research results allow asserting that the official statistical data don’t fully reflect the actual scale of criminal activity in this field. The acquired results help reinterpret the data on the current state of crime in the insurance industry.   

DOI: 10.25136/2409-7810.2019.4.31331

Abstract: Problems of adhering to the periods of limitation for the institution of administrative proceedings in cases of administrative offences in business activities are urgent. One of the peculiarities of administrative punishment for administrative offences is the variety of special periods of limitation for the institution of administrative proceedings. The authors give special attention to the alarming fact that authorized bodies and courts tend to apply different periods of limitation for the institution of administrative proceedings to the same articles of the Special Part of the Administrative Offences Code of Russia. The authors use the systems method, which helps develop the comprehensive characteristics of administrative regulation of procedural periods; the structural-functional method, which helps reveal the essence of the basic elements of the administrative responsibility implementation mechanism; particular components of sociological methodology used for the development and substantiation of the assessment of the current state of administrative practice of adherence to procedural limits. The aim of the research is to study the roots of this negative law-enforcement practice of non-observance of procedural limits. Based on the analysis of judicial practice, the authors formulate proposals on the improvement of the current provisions of the Administrative Offences Code in order to prevent the development of the negative tendency of non-compliance with periods of limitation for the institution of administrative proceedings in cases of administrative offences in business activities.