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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Rubric "The police and criminal procedure"
The police and criminal procedure
Ayupova G.S. - The Сoncept of the Motor Vehicle in Relation to Traffic Violations Under the Criminal Legislation of the Russian Federation and the Republic of Kazakhstan pp. 1-6

DOI:
10.7256/2409-7810.2016.3.20251

Abstract: Based on the analysis of the legislation of the Russian Federation and the Republic of Kazakhstan the author of the article conducts a comparative-legal research of the term "motor vehicle" used in relation to Articles 264 and 345 of the Criminal Code. In her article Ayupova also discusses the most important features of the studied concepts.  Analyzing modern Russia's and foreign states' experience in regulation of responsibility for violating traffic rules, the author has made proposals for improving the current criminal legislation and changing the list of vehicles. The methodological basis of this research involves legal comparative studies of dialectical theory of knowledge considering the development of a studied problem as part of the system. The scientific novelty of the research is caused by the fact that the author provides a critical review of motor vehicle components both in theory and practice taking into account the current criminal legislation of the Russian Federation and the Republic of Kazakhstan. 
Maximov O. - Individual Status of a Participant in a Criminal Case as an Essential Condition for Complete Criminal Procedure Activity pp. 1-8

DOI:
10.25136/2409-7810.2018.2.26027

Abstract: The article is devoted to particular issues related to the gaps in the legal regulation of the procedural status held by criminal procedure participants. The object of the research is the law enforcement activity performed by preliminary investigation authorities and courts to ensure the rights and legal interests of criminal procedure participants. The subject of the research is the combination of constitutional and criminal procedure laws that regulate the order of defining a procedural status of a participant, practical implementation of these laws and theoretically based positions of criminal procedure researchers regarding the issues arising in the process of defining a procedural status. In his research Maksimov applies general and special research methods, in particular, structured system approach, comparison, generalisation and legal logical analysis. As a result of the research, the author of the article defines a number of topical issues that may arise in the process of defining provisions regulating the role of a person in the criminal procedure law. The author concludes that it is unacceptable to replace a particular procedural status of a criminal procedure participant with an optional scope of rights. The author also offers recommendations aimed at improving the criminal procedure laws and law-enforcement practice. 
Topilina T. - Implementation of the Parallel Investigation in Criminal Procedure pp. 1-12

DOI:
10.25136/2409-7810.2018.3.27166

Abstract: The subject of the research is the legal norms of the Russian and foreign legislation governing the procedure for obtaining an expert opinion as well as the procedure and methods for challenging it, judicial practice and developed theoretical propositions. The object of the research is the public relations arising in connection with the implementation of advocacy activities challenging the expert's opinion in the court of first instance. The author focuses on the continental and Anglo-Saxon system of investigation in criminal procedure. Special attention is paid to the discussion about the possibility of introducing "parallel investigation" into criminal procedure in the countries of the continental legal family. The methodological basis of the research is a set of general, particular and special research methods. In the course of the study the author has used the dialectical method, systemic and comparative legal methods. As a result of the research, the author comes to the following conclusions: the existing division of the procedure for obtaining an expert opinion based on differences between continental and Anglo-Saxon legal systems does not correspond to the realities of the modern world; and special contribution of the author is a comprehensive comparative legal study of the institution of an expert opinion in criminal procedure.  
Brusentseva V.A. - About Some Aspects of Interrogation Tactics of Underage Victims of Sexual Crimes pp. 7-13

DOI:
10.25136/2409-7810.2017.2.22484

Abstract: The article is devoted to certain aspects of interrogation of underage victims who have been undergone subjected sexual violence. Special attention is paid to the participation of a psychologist in the production of this investigative action, and establishment of psychological contact with the victim of the crime. The subject of the research is the patterns of choice and application by the person conducting the preliminary investigation, tactical methods of interrogation of underage victims of crimes against sexual inviolability. The object of the research is the organization and tactics of underage interrogation. The general and special research methods have been used in the work including: system-structural method, comparative method, formal-legal method, and statistical method. The author concludes that during the interrogation it is necessary to take into account the age, specific features and the level of psycho-sexual development of a child. The recommendations on the organization of interrogation of minors, victims of sexual crimes of various age groups nave been formulated. The order of interaction between a investigator, underage victim and psychologist is described.
Khamidullin R.S. - Certain peculiarities of criminal investigation in case of application of special rules of criminal procedure in a case of conclusion of a pre-trial agreement pp. 9-16

DOI:
10.7256/2409-7810.2015.3.15617

Abstract: The subject of the study is the range of regularities and peculiarities of criminal investigation in a case of conclusion of a pre-trial agreement on cooperation. The object of the research is the range of social relations arising during the detection and investigation of crimes including those between the investigator and the suspect (accused). In the study special attention is paid to the analysis of the motives of suspects and accused persons which lead them to enter into a "plea bargain" thus allowing them to use the encouraging measures of criminal procedure. The author uses a complex of general and specific scientific methods of cognition including the formal-logical method, the systems method, the methods of analysis, synthesis, deduction, induction and other methods of scientific research. The author reveals some peculiarities of investigation of criminal cases in which the suspect (accused) enters into a pre-trial agreement on cooperation and uses the measures of preliminary investigation optimization including the protection of suspects (accused) in case of threat to their safety. 
Cheverdyuk O.G. - On the Question About Protection of Rights and Legal Interests of the Accused in the Process of Accusation pp. 9-15

DOI:
10.25136/2409-7810.2017.4.25069

Abstract: The article is devoted to particular issues related to imperfection of the legal regulation of the institution of accusation. The object of the research is the law enforcement practice of preliminary investigation authorities to observe and protect rights and legal interests of criminal process participants. The subject of the research is the combination of criminal process standards regulating the procedure of accusation, their practical application, statistical data and scientifically grounded positions of procedural scientists according the issues related to the institution of accusation. The author of the research has used general and specific research research methods, in particular, systems - structured method, comparison, generalisation and logical legal analysis. As a result of the research, the author has discovered a number of topical issues related to the legal regulation of the aforesaid institution which applicable standards infringe the rights of the accused as a participant of the criminal process. The author has also offered measures aimed at improving the criminal process of accusation and prosecution. 
Isaeva K.A., Abdukarimova N.E., Vorontsova I.N. - On the Question about the Basic Trends and Reformation of the Criminal Procedure Law in the CIS Countries pp. 9-15

DOI:
10.25136/2409-7810.2018.2.26774

Abstract: In this article the authors discuss particular problems that relate to the reformation of the criminal procedure law in the CIS countries including the new version of the Criminal Procedure Code issued in Kazakhstan (2015) and Kyrgystan (2017), as well as obstacles that may prevent from implementation of a number of criminal law provisions. For this purpose, the authors define distinctive features of the criminal procedure law in terms of ongoing legal reforms in the CIS countries. They focus on the most troublesome criminal procedure institutions that may render a significant influence on criminal procedure in general. The article contains comparative law analysis of a number of provisions of the criminal procedure law in the CIS countries including new versions of the Criminal Procedure Codes. The authors of the article also provide a review of the new ideology followed by the legislator whch is proved by the principles set forth by the Criminal Procedure Codes of the CIS countries. The authors pay special attention to such important principle as adversarial system in a criminal trial but at the same time cover factors that, according to the authors, prevent from full implementation of that principle. They also give recommendations of the legislative nature that, to some degree, may help to achieve the tasks and objectives set forth for this sphere. The authors also raise questions about differentiation of criminal procedure stages and implementation of the institution of unofficial (special) investigative actions based on the provisions of the Criminal Procedure Codes of some CIS countries. Thus, the themes brought forth by the authors in terms of criminal procedure reforms, create conditions for the review of some provisions of the Criminal Procedure Code and making amendments and changes to the legal acts that ensure successfull realization of some institutions mentioned in the law.
Berdnikova O.P. - Tactics of Directly Examining an Active Participant of an Organized Group Specialized in Committing Robberies pp. 10-17

DOI:
10.25136/2409-7810.0.0.23504

Abstract: The subject of this research is the most effective tactics needed to produce interrogation of active participants of the organized group in terms of tactical risk and conflict situations at the initial stage of investigation of robberies. The object of the research is the relationship between the investigator and active member of an organized group committing a robbery unfolding at the preparatory stage of production of the interrogation and in the process of production of the investigative action based on overcoming the conflicting and opposing positions on the part of the suspect. Based on particularities of the object and subject, the author of the article selected the dialectical methodas a methodological basis of the research. The author has also used general, specific and special research methods, in particular, comparison; generalization; situational modeling; and logical-legal analysis. The main conclusion of the research is that there  is the need in careful planning and preparation for interrogation of the active participant of the organized group occupying a position of conflict, beginning with studying personal traits of the person being questioned and availability of evidence of a criminal case. In this conflict situation a huge role is played by the correct and competent application of a number of tactics on the part of the investigator.
Abazaliev I.M. - Particular Features of Granting the Procedural Status of the Accused in the Criminal Trial pp. 17-21

DOI:
10.25136/2409-7810.2018.1.25582

Abstract: The subject of the research is an accused individual as a participant of a criminal trial from the side of the defense, and procedural status thereof. In his research Abazaliev analyzes the relationship between the criminal prosecution, suspicion and accusation. The author of the article notes that criminal prosecution does not have a form of its own even though implies such activity as suspicion and accusation. In addition, the author also reveals the essence and definition of accusation and describes the key features of the accused, the term that has not had a due legal recognition, and offers his own definition of the term. In his research Abazaliev has used general research methods (analysis and synthesis) and special research methods (comparative law, systems approach, etc.). The main result of the research is the author's definition of the accused as a participant of the criminal trial from the side of the defendant whose guilt has been proved by certain evidence and particular procedural judgements have been made, or who was put on trial as the accused, or against whom a bill of indictment has been drawn or accusing decision has been made. 
Zyryanova E. - Head of the Inquiry Unit as the Initiator and Guarantor of Reduced Inquiry pp. 18-23

DOI:
10.25136/2409-7810.0.0.24093

Abstract: In this article Zyryanova examines the procedural, institutional and other powers of the inquiry unit head that may be used in the process of reduced inquiry. She also onsistently analyzes the role of inquiry unit heads  at each stage of inquiry and justifies the need to expand the scope of procedural powers of the inquiry unit heads at the legislative level. The author provides specific arguments in confirmation of the aforesaid. Given the above, the author of the article offers a revised version of Article 40.1 and Part 32. 1 of the Russian Federation Code of Criminal Procedure. In her research the author uses different research methods including specific research methosd and such methods as analysis, comparison, generalization and induction. The novelty of the research is caused by the fact that the author proposes to legally fix the responsibility of the investigator to reach a decision on the transition from one form pf inquiry to another from the Inquiry Unit Chief by making appropriate changes in Part 32.1 of the Russian Federation Code of Criminal Procedure. 
Belyakov A.A., Khamidullin R.S. - Tactics for Implementing Standards of Special Criminal Proceedings when Concluding a Plea Deal Against Illegal Druck Trafficking pp. 24-30

DOI:
10.7256/2409-7810.2016.4.18741

Abstract: The subject of the research is the patterns arising in the process of concluding a plea deal between a prosecuting authority and defense team at pretrial stages of criminal proceedings. The object of the research is the social relations arising in the process of detection and investigation of crime including relations between investigators, defenders, suspects (accused) as well as other parties during conclusion of a pretrial cooperation agreement. In their research the authors pay special attention to analyzing the tactical-criminalistic institution of pretrial cooperation agreement to detect and investigate crimes in the sphere of illegal druck trafficking. The authors have used a set of general and specific research methods which included such methods as standard logical method, systems method, synthesis, analysis, deduction, induction and other methods of research. Peculiarity of implementing standards of special criminal proceedings when concluding a pretrial cooperation agreement is that it is viewed as a method of reaching compromise between prosecutors and defenders. The compromise is an additional factor of improving the process of pretrial proceedings. This is especially important for detection and investigation of crimes in the sphere of illegal druck trafficking. 
Cherevko I.M., Nikonovich S.L., Beketov V.A. - Psychological Impact on a Person being Interrogated as a Сondition of Obtaining Objective Evidence pp. 24-31

DOI:
10.7256/2409-7810.2016.3.20395

Abstract: The subject of the research is the psychological impact of the investigator on the interrogated (suspect, witness) to obtain objective evidence. The object of the article is an interrogation procedure. An emphasis is placed on the penetration into the inner (psychic) world of a person in order to reform it and make him act in the needed way. Particular attention is paid to tactics prying concealed (psychologically protected) information out of a person. The observance of the dynamics of the psychological impact through movement from the surface layers of the psyche to deep substructures is also under consideration. The methodological basis of the study is made by the theory of mental reflection of mechanisms and levels. In this article general scientific and specific scientific methods of cognition are used. General scientific methods of the research are represented by systemic structural, comparative, formal and legal, statistical methods. The authors pursue a clear position concerning disengagement history interrogation where both legal and illegal methods of coercion may be used, and the procedure of interrogation itself with the predominance of interpersonal interaction mechanisms allowing to fix not only the actions of the interrogated but his reactions. The article emphasizes the importance of psycho-diagnostics, evaluates individually psychological traits of the person questioned, peculiarities of a psychological contact as a special case of the psychological impact.
Khamidullin R.S., Andronik N.A. - Examination Tactics in Investigative Situations When pp. 30-34

DOI:
10.7256/2409-7810.2016.2.18652

Abstract: The subject of research is regularities of the organization and production of investigative action - interrogation in investigative a situation arising in the course of disclosure and investigation of crimes. Object of research are the public relations arising during disclosure and investigation of crimes including between the investigator and suspected (defendant), and also other persons at the conclusion of the pre-judicial cooperation agreement. The special attention in research is paid to an order preparation and productions of interrogation of suspected (defendant) in various investigative situations. In work the complex general scientific and the chastnonauchnykh of methods of knowledge which include such methods as a standard and logical method, a system method, synthesis, the analysis, deduction, induction and other methods of research activity is used. Tactics of production of interrogation depending on an initial investigative situation is important for disclosure and investigation of crimes. The algorithm of actions which is truly chosen by the investigator by production of interrogation directly influences desire of suspected (defendant) to cooperate with the investigation by the conclusion of the pre-judicial cooperation agreement.
Dosaeva G.S. - The problems of multiple crimes qualification pp. 31-47

DOI:
10.7256/2409-7810.2014.3.13925

Abstract: It is noted in the article that qualification of a crime is the establishing of the features of the act committed to the elements of a crime as it is provided by the criminal code of the Russian Federation. Some questions of multiple crimes qualification are connected with the consideration of the guilty person’s activity as a process, developing in time and space. Qualification, as a part of the competent officials’ or judges’ work on the criminal law application, is a cognitive process of a law enforcer, which includes the establishing of the features of the act committed to the elements of a crime as it is provided by a legislator. The methodology of the article consists of the up-to-date achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal-logical), and the methods, which are used in special sociological research (the statistical method, expert evaluations, etc.). The author comes to the conclusion that the result of such establishing is a legal evaluation of the act committed. The subject of the research, relating to multiple crimes, is based in this methodology.
Deryugin R.A., Vinogradova O.P. - Challenges of Detecting and Investigating Thefts of Mobile Communication Devices pp. 31-36

DOI:
10.7256/2409-7810.2016.4.19275

Abstract: The article covers challenges of investigating crime related to thefts of mobile communication devices as well as analyzes particularities of obtaining information on connections between subscribers and/or subscriber devices by pretrial investigation agencies in the process of the aforesaid crime solution. Based on particular examples of investigatory and judicial practice the authors emphasize the important forensic and evidential significance of information received from a communications provider in the process of proceedings or investigatory actions set forth by Article 186.1 of the Criminal Procedure Code of the Russian Federation. In their research the authors have used a standard logical method, systems approach, analysis, deduction, induction and other research methods. The scientific novelty of the research is caused by the fact that the authors provide statistical data about crimes in Russia for 2015 which proves that the greater percent of the total number of lucratively inclined violent crimes is thefts of mobiles. Moreover, the research has allowed to bring forth topical issues of the organisation of detecting and investigating the aforesaid category of crimes. 
Dvortsov V.E., Kazanchev I.T. - Cadastral Engineer as a Special Subject of Crimes Against the Order of the Cadastral Activities pp. 34-39

DOI:
10.25136/2409-7810.2017.4.24268

Abstract: The use of some unfortunate language and additional shortcomings of the legal techniques, made at the development of Article 170.2 of the Criminal code of the Russian Federation, gave grounds for disputes about who is the offender. Due to abovementioned circumstances, the present study built on the study of the totality of criminal-legal and criminological characteristics, and relations characterizing the cadastral engineers, as special subjects of crimes against the order of the cadastral activities. The subject of study contains both criminal-legal characteristic of a special subject of the crime, and criminological analysis of the personality of cadastral engineers. The authors used the following methodology: interview, observation, method of generalization of independent characteristics, analysis of results of operations and litigation. The study of the subject of crimes against the order of the cadastral activities becomes relevant from a theoretical point of view since they provide an opportunity to identify approaches to studying how the criminal-legal characteristics of the crime and criminological study of the criminal personality in the sphere of cadastral activity. The study is also of great practical importance for law enforcement officials to investigate crimes in this area. One of the main performance indicators of the judge is not the statistics of cases handled, but the real remedy, therefore, this article, published in the journal, which corresponds with the world's largest search engines will provide discussion, application, and uniformity of court practice.
Khamidullin R.S. - Tactics of Application of the Rules for Plea Bargaining in Combating Illicit Drug Trafficking pp. 42-53

DOI:
10.7256/2409-7810.2015.4.16712

Abstract: The subject of the research is the patterns of involving suspects and accused persons into cooperation through the conclusion of a pretrial agreement on cooperation in combating illicit trafficking of narcotic substances. The object of the research is the public relations arising in the process of detection and investigation of crimes in the sphere of illegal turnover of narcotic substances and their precursors. Special attention is paid to the tactical features of using members of the criminal groups and communities for the purpose of law enforcement. The author also emphasizes the need for developing the Institution of Pre-trial Agreement on Cooperation in combating such crime. In his study the author has used a set of general and special scientific methods of research including such methods as standard logical method, system method, synthesis, analysis, deduction, induction and other research methods. The main conclusion of the study is the that the author emphasizes the need to implement the Institution as regulated by Chapter 40.1 of the Criminal Procedure Code of the Russian Federation  as well as other elements of tactical support of the investigator in the fight against illicit trafficking of narcotic substances. This will significantly increase the effectiveness and efficiency of detection and investigation of such offences.
Kukushkin S.N. - Issues of criminal law responsibility of state register staff in the sphere of economic turnover of immovable property (Art. 170 and 285.3 of the Criminal Code of the Russian Federation). pp. 45-60

DOI:
10.7256/2306-4218.2013.4.9251

Abstract: The article concerns issues of correlation of civil and criminal legislation in part of qualification of criminal activities of state register officers in the sphere of civil (economic) turnover of immovable property. It is stated that the material ability to dispose of a property is implemented in organizational procedural form. Specific features of civil law qualification of the procedure of state registration of rights to immovable property show the problem of criminal responsibility of state register staff.   Criminal illegal behavior of state register officers should be fully non-compliant with the norms of civil law both in its procedural and material aspects. The correlation of civil and criminal law has its influence upon the formation of criminal legislation, and it facilitates correct expression and interpretation of norms establishing criminal responsibility of officials of state bodies in the sphere of economics.  Finally, the conclusions in this article are directly related to the process of police reform and its activities in the sphere of protection of property.
Terekhov A.Y. - On the Question about the Grounds for Selecting a Method of Collection of Evidence During the Pre-Trial Criminal Proceeding pp. 62-76

DOI:
10.7256/2306-4218.2013.2.802

Abstract: The article is devoted to the questions about the grounds of investigative or other procedural actions in the course of pre-trial criminal procedure. The author of the article describes the scope of activities performed by an investigator and underlines its creative nature. He also offers definitions of the grounds of investigative procedures as they are described in the theory of criminal procedures. The author of the article focuses on the grounds for selecting a method of collection of evidence and describes general and particular aspects of this matter. General grounds must necessarily include the analysis and evalution of circumstances of a committed criminal act.It is underlined that the better founded investigative solutions are, the more efficient the procedure can be and the more guarantees of observing criminal law and constitutional principles can be fulfilled. The atuhor also describe different types of the grounds of investigative solutions. It is stressed out that an investigative action should be planned in order to discover new facts and data. In conclusion, the author states that there is a serious need in providing a legislative framework for creating common rules for performing and recording procedural actions aimed at collection of evidence.
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