DOI: 10.25136/2409-7810.2021.1.35841

Abstract: The research subject is scientific and methodological patterns of a judicial expertise in the field of accounting research of state-funded organizations which are the most sensitive to corruption-related offences. The research object is investigatory and expert assessment of the use of the results of judicial accounting expertise for proving in investigating corruption-related crimes. Special attention is given to particular problems related to the mechanism of use of the results of such accounting research by investigators. To acquire evidentiary information about the case, one needs to analyze the report of an expert accountant as a possible evidence, while it is not possible to attach it to the case without its legality assessment. Only a careful reading of the research results by the person, who has initiated expertise, can help detect corruption-related circumstances. The authors of the article attempt at covering the range of problems which can lead to the consideration of a report of an expert accountant as an incomopetent evidence. On the other hand, the authors note that the analysis of accounting expertise helps investigators to establish or check facts not available to other experts. The scientific novelty of the research consists in the fact that the authors attempt at forming an overall picture of the mechanism of the use of judicial accounting expertise results for the investigation of corruption-related crimes.   

DOI: 10.25136/2409-7810.2019.3.29997

Abstract: The research subject is the set of legislative provisions composing the civil institution of recourse, the practice of their application in the context of requirements to the procedure and the conditions of imposing different types of responsibility on the officials of internal affairs bodies for offences related to discharge of official duties, and the scope of scientific works studying recourse obligations. The authors analyze the latest statistical data illustrating the condition of litigating actions commenced within the rule of articles 1069, 1070 of the Civil Code of the Russian Federation. The research methodology is based on general philosophical (materialistic and dialectical), general scientific (historical, logical, system-structural), specific (sociological, statistical, hermeneutical methods, modeling, and the method of strategic assessment), and special (structural-legal, formal-legal) methods. The authors substantiate the conclusion that the institution of recourse serves as an effective instrument of strengthening legality in the fields of administrative and criminal procedure. At the same time, the mechanisms of application of direct liability and recourse liability are not equal, and it is necessary to lay groundwork aimed at establishing and proving the illegality of actions (or inactions), consequences, and guilt, in each particular case.   

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.   

DOI: 10.25136/2409-7810.2018.2.26137

Abstract: The subject of this research is the investigative interview of a witness as a participant of investigative proceeding. Yarovenko analyzes opinions of resarches on the use of modern technical means of recording instead of participation of witnesses. He focuses on the practical importance of an investigative interview of an individual recognized as a witness by the court and whether an investigative interview of a witness is the guarantee of the validity of a preliminary investigation in terms of requirements for the criminally-remedial law. The use of video recording still leaves a chance for falsification but creates more difficulty to discover them. The methodological basis of the research includes formal law method, generalisation, comparative law method, as well as analysis and synthesis of judicial practice. As a result of the analysis of researches and criminal cases, the author concludes that an investigative inquiry of a witness is the guarantee of validity of investigation both for the accused and investigators, investigators and operations staff. Thus, the current technical means of recording cannot guarantee the validity of evidence. 

DOI: 10.7256/2306-4218.2013.1.764

Abstract: The article is devoted to the legal and organizational problems of guarantees of lawfulness and discipline within the system of professional activities of the staff of the internal affairs bodies. The article includes analysis of nature and elements of lawfulness, then the  priority directgions for the reform in the MIA of Russia are pointed out. It is noted that most of the federal and regional laws fail to form the regime of lawfulness and discipline in the government and administration bodies. It is stated that the principle of lawfulness shall achieve its goals if there will be due correlation between the law-enforcement activities and the legal standards. It is also noted that the principle of lawfulness should take a central place within the system of other principles of activities of the government and administration bodies, as well as their officers. It is stated that the regime of lawfulness in the MIA of Russia shall become possible when the problems of fighting corruption and guarantees of internal security are solved. It is concluded that the level of police corruption can be lowered, if the corruption is condemned by the society, and the corrupted officers are subject to real punishments. It is also necessary to study and generalize the foreign experience in the sphere of fighting corruption in police bodies.