DOI: 10.25136/2409-7810.2021.2.35904

Abstract: The research subject is international and foreign legislation in which a person’s consent to or request for infringement of their rights and legal interests indicates their acquiescence to their unreliable property management. The author uses dialectical, logical, historical-legal, formal-legal, and comparative-legal research methods which helped to detect various fields of social relations in which the legislation regulating a person’s consent to damage is used, thus hampering the unification of the legal understanding of this facultative phenomenon. The consideration of a person’s consent to damage as a manifestation of private interest in international law and the legislation of particular countries will allow adopting the best practices for the purpose of integrating this phenomenon into the Russian legal realia. The examination of international and foreign legislation regulating a person’s consent to damage to rights or legal interests demonstrates the need for the implementation of this phenomenon in Russia’s legal sphere, which would be a basis for a comprehensive assessment of the situation of the infringement of rights upon a person’s consent or request. The author studies international and foreign legislation to consider the evolution of social relations in which a person can implement his or her right and manage his or her property, and the regulation of the forms of exercising a personal interest consisting in the consent to damage to life and health. The scientific novelty of the research consists in the comprehensive consideration of international and foreign legislative experience in exercising personal right to be subject to damage, which determines the necessity to introduce such a legal phenomenon into the Russian legal realia based on the criteria of social benefit. The author’s contribution to the development of the topic is the suggestion to introduce a person’s consent to damage into the Russian criminal law. 

DOI: 10.25136/2409-7810.2021.2.29450

Abstract: The research subject is the activity of public authorities and officials related to anti-criminal education of non-professional participants of criminal proceedings, and the legal regulation of such an activity within a criminal investigation. The authors study the role of legal awareness in criminal science. The research object is social relations regulating the activity at the level of public authorities and their officials aimed at legal education. The authors consider legal education as a part of an investigator’s work, which should be reflected in criminal science. The research methodology is based on the dialectical and formal-legal research methods, as well as the analysis of regulatory documents and criminalistic literature. The authors describe the role of legal education (in the course of their formation) within the structure of criminal science. It can be implemented within one or several tactical methods (their combination); as a general provision of the criminal investigation technique; as a subtheory of criminal science.   

DOI: 10.25136/2409-7810.2021.2.30662

Abstract: The research subject is the provisions of criminal law regulating the procedure of seizing electronic media and copying information. The article considers the problems faced by investigators connected with the seizure of electronic media during the investigation, copying the information they contain, and the related changes in the investigation practice caused by the introduction of article 164.1 into the Criminal Procedure Code. The purpose of the research is, based on the analysis of the Federal Law of December 27, 2018 No 533, which had amended the Criminal Procedure Law with the article 164.1 “The peculiarities of seizing electronic media and copying information they contain during investigative activities”, and law-enforcement practice in this field, to define the scope of the most urgent problems and develop the ways how to solve them. The research methodology is based on general scientific and specific research methods of cognition: the comparative-legal and formal-logical analysis, modeling, induction, deduction, etc. The scientific novelty of the research consists in the comprehensive and system-based study of the issues and problems of criminal legislation and law-enforcement practice connected with seizing electronic media and copying information they contain, and in the development of the key suggestions about amending the current legislation.   

DOI: 10.25136/2409-7810.2021.2.32161

Abstract: The article considers the topical issues of facial recognition in video images. The author studies the modern methods of using facial recognition technologies. The research covers the current methods and software systems able to use list-based facial recognition technologies. The article contains the requirements to information technologies and means, and to the reference facial images. Special attention is given to the problems of legal regulation of the requirements to technical means used for image acquisition. The author analyzes the factors impacting on the objectivity and comprehensiveness of imaging a person’s appearance. The author analyzes one of the groups of factors connected with the conditions of recording. The author arrives at the conclusion that in order to raise the effectiveness of the work of video observation systems, it is necessary to follow the requirements to information technologies and information references. The author notes that, based on the tasks of law-enforcement agencies and the analysis of factors impacting on the effectiveness of video observation systems, there is a necessity to develop a video observation systems evaluation system.   

DOI: 10.25136/2409-7810.2021.2.35995

Abstract: The research object is social relations connected with the legal regulation, organization and the tactics of identification. The authors consider the types of identification mentioned in the criminal procedure law, and those used during criminal investigation. Having compared their volume and contents, the authors note that the number of types of identification used in the work of law-enforcement bodies is larger than that of those formalized in the Criminal procedure Law of the Russian Federation. This situation doesn’t violate the law, since such types of identification as the identification of animals, territories, etc. are the components (subtypes) of the types of identification formalized in the law. The authors study the correlation between the organization and tactics of presenting for identification and attempt to systematize the investigator’s actions during the preparation and organization of various types of presenting for identification. The scientific novelty of the research consists in the formation of tactical techniques of presenting for identification through the lens of registration and correlation of subjects of the forensic tactics (the most rational ways of organizing an investigation  - the problem scope) and the organization of criminal investigation (the creation of a structure of the investigative activities, the conditions for its effective implementation, and the investigation management - the organizational and administrative scope). This approach helps to create a detailed list of tactical recommendations for the organization, preparation and realization of various types of presenting for identification with account for the specificity of the object of identification, and their classification in accordance with the stages of this investigation.