DOI: 10.25136/2409-7810.2023.2.40032

EDN: AOLZLH

Abstract: A high-quality investigation of a crime is impossible without the use of technical means and achievements in the field of information technology. The object of the research of this scientific article is the use of information technologies in the investigation and disclosure of crimes, the subject is the patterns of this activity. The purpose of the scientific article is to determine the directions of the use of information technologies in the investigation of crimes, their characteristics, as well as to establish the reasons that slow down this process and identify priority tasks, the solution of which will eliminate these obstacles. When determining the directions of using information technologies in the investigation, the author was guided by the components (aspects) of crime investigation activities (cognitive, certifying, organizational). It is noted that the process of integrating information technologies into the investigation of crimes is a complex construction of a digital system of criminal justice, which will optimize the activities of the investigator by increasing the efficiency of working with information. The methodology of the conducted research is determined by its purpose and objectives. It is based on a systematic approach to the study of the use of information technology in the investigation and disclosure of crimes. The research methodology used when writing a scientific article was implemented using the following methods: structural and substantive analysis of scientific papers devoted to the topic of this study; logical (when presenting all the material, formulating conclusions, suggestions and recommendations); comparative legal (criminal procedure legislation, regulatory legal acts) and other research methods.

DOI: 10.25136/2409-7810.2023.2.40104

EDN: LDDDWC

Abstract: The object of the study is the criminal procedural relations that develop during the conduct of investigative actions against minors during the preliminary investigation. The subject of the study is the norms of the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, other laws regulating relations related to the production of investigative actions involving minors, as well as theoretical foundations and materials of investigative and judicial practice. The procedural features of the interrogation, confrontation, identification, verification of testimony on the spot and other investigative actions with the participation of minors are considered. At the same time, special attention is paid to the use of video recording of their conduct and the involvement of a psychologist or teacher to participate in the investigative action against a minor. The authors note that Federal Law No. 432-FZ of December 28, 2013 has significantly expanded the range of investigative actions involving minors, during which it is necessary to comply with special legal regulations that protect the rights and interests of these persons. The conducted research made it possible to identify some shortcomings in the regulation of investigative actions against minors. The authors propose ways to eliminate them: video filming as a means of fixation should be carried out during all investigative actions involving minors; situations of participation of a psychologist or (and) a teacher, and in some cases a psychiatrist in the production of investigative actions with this category of persons are determined.

DOI: 10.25136/2409-7810.2023.2.40070

EDN: NSOOVA

Abstract: The subject of the study is human hair. The authors consider the issues of hair research for biological and forensic chemical research. Currently, despite the large number of studies conducted by forensic medical experts and clinicians, there is no complete, targeted program for the study of hair for elemental composition, psychoactive and toxic substances, enzyme system, in which methods of hair research would be announced not only for forensic, but also for clinical, environmental practice. Forensic doctors have developed methods and techniques for conducting such studies. However, there are no such developments for clinicians, toxicologists. Removal and examination of hair to study the morphological structure is carried out without following the rules (length, description of the structure, indication of magnification of the microscope, characteristics of inclusions and others). The novelty of the study lies in the fact that the lack of widely available data on the characteristics of hair; by determining the content of foreign substances introduced into the body, gives rise to contradictory and even erroneous data. A special contribution of the authors to the study of hair is the proposed algorithm for morphological examination of their elements, which includes such sections as hair removal, macroscopic examination and microscopic examination. The described lesions in the form of inclusions of "black color", "flask-like formations" and "thickening of the core" are characteristic of normal hair and are not signs of exposure to any toxicant. The morphological shape of some hair indicates the effect on the hair of a toxic agent that affected their structure, as a result of which their loss occurred. The damaging factor acts on the desmosomes of the cuticle of the rod and the vaginal membranes of the hair and is exfoliated from its own hair bed. It was determined that the hair carries information about the entry of an intoxicant into the body in the phase of active growth – anagen.

DOI: 10.25136/2409-7810.2023.2.40534

EDN: LTSLLO

Abstract: The application of the norm enshrined in Article 38 of the Criminal Code of the Russian Federation raises questions and discussions not only in the doctrine of domestic criminal legislation, but also in investigative and judicial activities. Currently, in the science of criminal law, there are different positions on the issue of the right to take the life of a person who has violated the law during his detention, which may negatively affect the application of legislation. In the study, the author used the dialectical method as a universal method of scientific cognition, which allowed to consider phenomena and processes in their interrelation and interaction. In addition, we have used a number of other methods of scientific research, such as formal legal, comparative legal, statistical, structural and system methods. The purpose of delivering a person who has committed a criminal offense to the authorities excludes the possibility of causing death to the detainee, in case of causing death during detention, these actions will in any case be illegal. Delivery to the authorities means that a living person must be delivered to the authorities. Thus, the deprivation of human life is not provided for in Article 38 of the Criminal Code of the Russian Federation. The author concludes that the rule on lawful infliction of harm during the detention of a person who has committed an act provided for by criminal law should be expanded and allowed in exceptional cases to cause death to an attacker, which is necessary in the interests of law-abiding citizens, society.

DOI: 10.25136/2409-7810.2023.2.39883

EDN: LUTCOT

Abstract: The author in his work explores a number of issues related to the development of the quality of professional training of polygraph examiners in the system of departmental education of the Ministry of Internal Affairs of Russia. The current organizational, pedagogical, legal mechanisms and tools that can be used for the successful development and improvement of professional training in this field of activity of employees of the internal affairs bodies of the Russian Federation are considered. The main emphasis is placed on the importance of the formation of high-quality educational content, the use of successful methods and approaches to the training of polygraph examiners. Attention is drawn to the existence of a mandatory requirement for scientific experience, practical and pedagogical component of specialists, carrying out educational activities. Recommendations for improving aspects of vocational training are given. The main conclusions of the conducted research are related to the constant improvement of the level of their education and skills by polygraph examiners, which are based on such pedagogical and organizational aspects as the formation of skills and abilities in the legal sphere. It is noted that there is a need for interaction and cooperation on a permanent basis with educational organizations of the Ministry of Internal Affairs of Russia, other law enforcement universities, invited practitioners with extensive practical experience in preparing and conducting special psychophysiological studies using polygraph devices in various fields and areas. All these measures will dramatically affect the quality results of the work of polygraph examiners of the Ministry of Internal Affairs of Russia.