DOI: 10.25136/2409-7810.2022.2.38155

Abstract: The subject of the study is the characteristics of jealousy as an emotional state that generates criminal aggression and circumstances that increase the public danger of violent crimes committed on the motive of jealousy. The study used a set of generally recognized scientific methods (the method of dialectical cognition, analysis and synthesis, historical-legal, formal-logical, etc.), which allowed us to obtain reliable and representative results. In the text of the article, the author refers to the legal, religious, psychological characteristics of the phenomenon of jealousy, as well as to the provisions of domestic criminal legislation of various historical periods. On this basis, relevant recommendations have been developed that have the prospect of being used in the preventive activities of the police. The main results of the study are the refutation of the ideas of jealousy as a socially neutral motive of crimes, which are widespread in the legal doctrine. The scope of application of the research results is the preventive activity of the police in the direction of preventing violent crimes in the sphere of family and household relations. The scientific novelty of the research lies in a comprehensive understanding of the destructive phenomenon of jealousy, based on the synthesis of scientific knowledge related to a number of humanitarian areas. As conclusions, the parameters of increased public danger of crimes committed on the motive of jealousy are substantiated. Their accounting will be useful in order to optimize the preventive activities of the police in terms of preventing violent crimes.

DOI: 10.25136/2409-7810.2022.2.36546

EDN: IMXRDD

Abstract: The subject of the study is the regularities of the formation and functioning of the system of special knowledge, the synthesis of which forms the theoretical, legal, organizational and methodological basis of judicial cost expertise and evaluation activities. The object of the study is expert, investigative and judicial practice in cases related to determining the value of objects of expert research, as well as evaluation activities in evaluation organizations that perform cost studies of various objects. Special attention is paid to a comprehensive comparative analysis of forensic and evaluation activities, which allows you to distinguish between competence, regulatory regulation, essence, grounds for production, responsibility and the result of the activities of an expert and an appraiser. The main conclusions of the study are : judicial cost examination is carried out only on the basis of an investigator's decision or a court ruling containing legally fixed mandatory requisites; the evaluation of the object is carried out on the basis of contractual obligations. Also, the result of a forensic cost examination is an expert opinion containing mandatory details and having a structure fixed by the Law on Forensic Expertise and procedural legislation. It is important to distinguish between the legal status of an expert and an appraiser. An expert, unlike an appraiser, does not have the right to independently collect materials for forensic examination, involve other experts and specialists, interact with third parties. At the same time, the expert, unlike the appraiser, bears criminal responsibility and is a person who promotes justice and bears procedural responsibility.

DOI: 10.25136/2409-7810.2022.2.38094

EDN: INLXPX

Abstract: This article provides a brief overview of the experience of the functioning of two parallel investigative apparatuses in the system of the Ministry of Internal Affairs of Russia: investigation and inquiry. The author convincingly proves that in the course of the development and improvement of pre-trial proceedings in the country, individual reformers have repeatedly attempted to completely eliminate the inquiry as an independent form of preliminary investigation, which, however, did not happen due to a number of reasons. The article also focuses the attention on the imperfection of the normative legal acts of the Ministry of Internal Affairs of the Russian Federation, which, according to its author, need deep scientific understanding and updating against the background of new emerging threats from the criminal world. That is why the place and role of the bodies of inquiry functioning in the system of the Ministry of Internal Affairs of the Russian Federation in parallel with the investigative authorities need to be clarified. Discussions on the subject of elimination and preliminary investigation do not cease, and in the context not so much of the creation of a single (non-departmental) investigative committee in its completed form, as in the framework of a strategy focused on the complete deformation (deprocessualization) of pre-trial proceedings in criminal cases as a whole. In any case, the realigners of modern criminal procedure legislation and the practice of its application should bear in mind that such metamorphoses of the stages of initiation of a criminal case and preliminary investigation will inevitably entail the most serious transformations in the judicial stages, for which not only representatives of the executive and judicial branches of the federal government, but also the reformers themselves, are absolutely not ready.

DOI: 10.25136/2409-7810.2022.2.36232

EDN: IQGKYI

Abstract: The criminal procedural status of a participant in criminal proceedings is of particular importance in the implementation of his criminal procedural functions during the investigation of a criminal case. In the article, the author presents the characteristics of the criminal procedural status of a person who committed a socially dangerous act in a state of insanity and a person whose mental disorder occurred after the commission of a crime. The procedural rights, duties and legal responsibility of a key participant in the proceedings on the use of compulsory medical measures are considered. The procedural rights of this participant in criminal procedural legal relations are classified depending on the implementation of a specific function during the investigation of a criminal case. The author draws attention to the specifics of the content of the procedural status of a person in respect of whom proceedings are being conducted on the application of compulsory medical measures, and argues that such elements as procedural duties and legal responsibility of a participant in criminal procedural legal relations are not included in the criminal procedural status of a person suffering from a mental disorder. It is noted that the problem of balancing the rights and obligations of participants in the criminal process is emerging in this regard. The author suggests filling this gap with the duties of the legal representative of the person against whom the proceedings on the application of compulsory medical measures are being conducted.

DOI: 10.25136/2409-7810.2022.2.37393

EDN: IRNWTN

Abstract: The object of the study is the legal relations in the process of confiscation of property in criminal law. The subject of the study is the development of confiscation in the criminal legislation of the pre-revolutionary, Soviet and modern periods, as well as the provisions of international law, the current criminal law of a number of foreign countries, judicial acts containing the legal phenomenon under study. The purpose is to present a system of theoretical knowledge about the current state of confiscation in criminal law. The theoretical basis of the study was the work of domestic experts on the confiscation of property. In addition, dissertation and monographic studies on criminal law and other branch legal sciences were used. The empirical basis of the study was made up of materials on the number of those brought to criminal responsibility, on re-committed crimes that form a relapse, on those released from criminal liability, as well as statistical information on judicial and law enforcement activities related to the application of property confiscation in criminal legislation. The scientific novelty consists in the fact that the study will allow to establish the role, place, value of property confiscation in the declared branch of law, to determine its current state, to trace the patterns of development in criminal law, which in turn will make it possible to formulate reasonable recommendations for improving the criminal law by all interested parties.