The police and criminal procedure
Reference:
Gritsaev S.I., Stepanenko S.G., Shevel' D.V.
Organization of crime investigation using modern technologies
// Police and Investigative Activity.
2022. ¹ 3.
P. 1-7.
DOI: 10.25136/2409-7810.2022.3.38479 EDN: COXNEC URL: https://en.nbpublish.com/library_read_article.php?id=38479
Abstract:
The object of research of this scientific article is crimes committed on the Internet or using it, as well as the activities of law enforcement agencies to investigate and disclose them. The subject of the study is the regularities of the mechanism of crimes committed using the Internet and the regularities of the activities of law enforcement agencies to organize the investigation of those crimes. The purpose of the scientific article is to identify the capacities of digital technologies for the identification, search and identification of persons who have committed crimes on the Internet. At the same time, attention is paid to the creation of search records for "images of persons captured on photo and video files containing illegal content" in the Federal Criminal Information Bank and the use of advances in digital identification and other innovations in the field of IT technologies in the investigation of crimes. Modern processes of globalization and digitalization require the development and introduction of new opportunities in the identification, search and prosecution of persons who have committed illegal acts, including crimes, on the Internet or using it. The practical significance of the conducted research is to increase the effectiveness of the organization of the identification of persons who have committed crimes on the Internet. 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 identification of the person who committed the crime using digital technologies. 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 (when analyzing the norms of criminal procedure legislation, regulatory legal acts) and other research methods.
Keywords:
illegal content, investigative accounting, operational worker, identification, information and communication technologies, organizational and preparatory activities, criminal content, organization of the investigation, The Internet, reporting a crime
Administrative activity of the police
Reference:
Kurakin A.V.
On the Principles of Administrative Law and Administrative Activity
// Police and Investigative Activity.
2022. ¹ 3.
P. 8-21.
DOI: 10.25136/2409-7810.2022.3.38808 EDN: REQHLS URL: https://en.nbpublish.com/library_read_article.php?id=38808
Abstract:
The subject of the study is the principles of administrative law and administrative activity. This issue in the science of administrative law has not been developed in such detail, nevertheless, the principles of an administrative nature have been studied in an applied aspect, however, a theoretical justification of the relevant principles is necessary for the development of legal doctrine. The article draws attention to a number of important principles of administrative law, the content of some of them is disclosed in detail. The author drew attention to the fact that the characteristics of the principles of administrative law will not be complete if they are considered in isolation from the principles of administrative activity, based on this, these principles are also considered. The main conclusions of this article are that the author presented a system of principles of administrative law and administrative activity. He characterized the relevant principles taking into account the constitutional and social realities, showed the importance of the principles of administrative activity for public administration. Special attention was paid to the principle of social justice, because without taking into account this principle, it is difficult to increase the effectiveness of administrative and legal regulation both in the protective and positive aspects of the crane. Attention is also drawn to a number of other principles of a constitutional nature that underlie the construction of administrative legislation, in particular, the principle of federalism is such a principle.
Keywords:
Responsibility, federalism, Legality, Administration, Regulation, Justice, Standard, Activity, Right, Principle
Professional training of police officers
Reference:
Tsvetkova A.D.
Investigator's Intuition: Conditions of Formation and the Possibility of Implementation of Artificial Intelligence
// Police and Investigative Activity.
2022. ¹ 3.
P. 22-30.
DOI: 10.25136/2409-7810.2022.3.38740 EDN: RFTYKE URL: https://en.nbpublish.com/library_read_article.php?id=38740
Abstract:
The paper examines the issues of intuition in investigative practice. Relying on the positions of prominent forensic scientists, the importance of this heuristic mechanism for overcoming deadlocks caused not only by a shortage of information, but also by its overabundance is substantiated. The author suggests mechanisms for the development of intuition, the main of which is called the expansion of erudition, the accumulation of a large number of background knowledge. The second part of the article discusses the problems of artificial intelligence. Firstly, the topic of its potential to replace a person is covered. Secondly, the position existing in science is refuted, according to which the work of artificial neural networks is characterized as intuitive. Based on the analysis of practical examples and the synthesis of various scientific positions, the author formulated the following conclusions: 1. The intuitive decisions based on the probabilistic assumption assist the investigator in choosing specific investigative actions or tactics for their conduct. 2. Intuition is best developed among investigators with average work experience and broad erudition. 3. Intuition can and should be developed, mainly by expanding erudition, accumulating background experience. 4. The work of artificial neural networks cannot be called completely intuitive, since they act according to a given algorithm, even if generating a solution that is not accessible to human perception, whereas intuition is a creative process that goes beyond standard models. 5. To date, there is only a weak artificial intelligence, which is able to cover only situations of an overabundance of information, but not its deficit, although the latter very often require an appeal to intuition. 6. Intuition is a competitive advantage of humans over artificial intelligence, allowing our species to think more broadly, more versatile.
Keywords:
The investigator's thinking, Weak artificial intelligence, Strong artificial intelligence, Artificial neural networks, Combinatorial explosion, Deadlocked investigative situations, Erudition, Investigation of crimes, Solving crimes, Intuition
The issues of interaction between police and other law enforcement authorities and institutions
Reference:
Sushkin N.V., Azovtsev E.M.
The Problem of Interaction Between the Ministry of Internal Affairs of Russia and the Ministry of Emergency Situations of Russia During Inspections on Fires
// Police and Investigative Activity.
2022. ¹ 3.
P. 31-41.
DOI: 10.25136/2409-7810.2022.3.38655 EDN: NTUZMD URL: https://en.nbpublish.com/library_read_article.php?id=38655
Abstract:
The object of the study is the mechanism of interaction between the investigative units of the internal affairs bodies and the investigation units of the Ministry of Emergency Situations of Russia at the initial stage of conducting a procedural check on the fact of a fire, identifying shortcomings in the organization of this interaction and finding ways to solve the identified problems. Crimes related to fires are under the jurisdiction of both the investigative units of the internal affairs bodies and the bodies of inquiry of the Ministry of Emergency Situations of Russia. However, in the vast majority of cases, when a fire is reported, it is not known whether a criminal act has taken place, and, if so, what is its qualification, based on which the body authorized to carry out a preliminary investigation. In practice, this leads to excessive bureaucratization of the process of procedural verification, unjustified repeated transfers of verification material from body to body, inconsistency of the initial verification measures and partial duplication of the work carried out. The scientific novelty of the study lies in the fact that the attention of the authors is not focused on the issues of the methodology of fire investigation, but on the organizational aspects of this process that affect the efficiency of solving crimes of this category and preventing the occurrence of such a problem as the loss of criminally significant information, the result of which is extremely low efficiency of the process of disclosure and investigation of crimes with increased labor costs. Based on the results of the work carried out, significant problematic issues related to the conduct of initial investigative actions on the fact of a fire have been identified, and solutions have been proposed to improve the effectiveness of solving crimes related to fires
Keywords:
The cause of the fire, Investigation, Procedural verification, Place of fire, Fire and technical expertise, Fire investigation, Qualification of the act, Interaction of departments, Investigation of the crime, Fire
Legal commentary
Reference:
Manin I.
Defense of the Fatherland: Conscription for Military Service on Mobilization
// Police and Investigative Activity.
2022. ¹ 3.
P. 42-63.
DOI: 10.25136/2409-7810.2022.3.38878 EDN: PODLWD URL: https://en.nbpublish.com/library_read_article.php?id=38878
Abstract:
The object of the study is constitutional legal relations for the protection of Russian citizens of their state in connection with conscription for military service in the Armed Forces of the Russian Federation, the subject of the study is normative legal acts regulating military duty. The author explains the legal meaning of the constitutional duty to protect the Fatherland, proposes an addition to the Russian concept of national security with a provision on preventive self-defense, amendments to the Federal Law "On Defense", the Federal Law "On Military Duty and Military Service", the Federal Law "On Mobilization Training and Mobilization" and other regulatory legal acts. The article analyzes the international legal and constitutional regulation of the current problems of defense and security of the Russian Federation in the light of current historical events and the formation of four new regions of Russia: the Donetsk People's Republic, the Luhansk People's Republic, the Zaporozhye region and the Kherson region. The main legal problems of conscription of Russian citizens for military service on mobilization are considered, their solutions are proposed. The author pays special attention to the postponement of military service for mobilization, the legal responsibility of citizens and organizations in connection with the partial mobilization of the population. The article substantiates the exemption of scientists from military duty, determines the status of the mobilized, and gives a legal description of mobilization contracts. Conclusions and suggestions are presented in the text of the current study, which contains fundamentally new information on the subject of scientific work.
Keywords:
administrative responsibility of mobilized, criminal liability of mobilized, delay from mobilization, mobilization contract, call for mobilization, new Russian regions, mobilization, military service, preventive self-defense, Defense of The Fatherland