The police and the institutions of civil society
Reference:
Farakhiev, D.M., Minzyanova , D.F. (2025). Matrix of victim blaming in manifestations of corruption (using the example of bribery). Police and Investigative Activity, 1, 1–15. https://doi.org/10.25136/2409-7810.2025.1.72940
Abstract:
The study examines the matrix of victim blaming in corruption manifestations using the example of the most common corruption-related crimes - bribery. The following features of the problem under consideration are revealed: bribery as a social phenomenon is characterized by the problem of determining the victim of the crime; in social studies, the prevailing opinion is that bribery is the commission of active actions by two or three subjects of illegal activity; there is a comprehensive assessment of bribery as a guilty act both on the part of the bribe giver and the bribe taker; the negative public assessment of the bribe giver, bribe taker and (or) intermediary in bribery increases significantly in the process of an integrated approach to the relevant forms. General scientific and specific scientific methods of cognition were used; structural-logical and dialectical methods were applied, as well as methods of analysis, synthesis, deduction and induction, which made it possible to put forward the problems of victim blaming in criminal cases. In the main part of the study, the victim-blaming matrix is considered for crimes related to bribe-taking and bribe-giving according to the following formula: "criminal - victim" or "criminal - intermediary - victim". A distinctive feature is the following pattern: when receiving a bribe: an official is a criminal, a bribe-giver is a criminal and a victim, an intermediary in bribery is a victim (in exceptional cases, the status is not defined); when giving a bribe: an official is a victim, a bribe-giver is a criminal, an intermediary in bribery is a victim (in exceptional cases, the status is not defined). The scientific novelty of the study lies in the fact that the very nature of victim-blaming is very complex, since it characterizes social, individual, psychological, cultural and moral processes
Keywords:
bribe taker, features of victimblaming, victimblaming, victim blaming, victim accusation, bribery, corruption-related crimes, briber, mediation in bribery, public opinion
Legal commentary
Reference:
Nakib, D.V. (2025). Ways to reform the institution of private prosecution in Russia. Police and Investigative Activity, 1, 16–26. https://doi.org/10.25136/2409-7810.2025.1.73177
Abstract:
Private prosecution as an institution dates back to pre-revolutionary Russia, where, despite the lack of clearly formulated legislation in this area, there were certain principles that allowed citizens to independently defend their rights in criminal law proceedings. The current stage of development of the legal system in Russia needs to rethink the role of private prosecution, focused on creating a more effective and fair process. The author analyzes the features of the proceedings and the status of persons who are participants in private prosecution proceedings. Opinions on the exclusion of the form of private prosecution from domestic criminal law literature are considered, in connection with which it is proposed to expand the powers of magistrates in terms of assisting the parties in collecting evidence. The study of the institution of private prosecution in Russia requires a comprehensive, balanced approach, which is based on the use of various methodological tools, namely: comparative legal analysis, regulatory analysis of current legislation in the field of private prosecution, as well as an analysis of the practice of private prosecution in Russia. Scientific novelty of the research lies in the need for a deep rethinking of the role and functions of this the institution in the modern conditions of the legal system. In the light of modern challenges and trends related to globalization and changing public relations, the institute of private prosecution in Russia faces a number of significant problems that require comprehensive scientific analysis and legislative improvement. On the one hand, private prosecution is an important mechanism for protecting the rights and legitimate interests of citizens, providing an opportunity to directly initiate criminal prosecution regardless of the position of public prosecutors. However, in practice, this institution often functions inefficiently due to the lack of clear procedures, the lack of competent specialists and the general lack of legal culture in society. In conclusion, it is worth noting that the reform of the institution of private prosecution in Russia should become a complex task that can be solved jointly with the participation of legislators, human rights organizations and citizens themselves. Only through joint efforts is it possible to create a truly working and fair mechanism that will ensure the protection of citizens' rights and strengthen public confidence in the country's legal system.
Keywords:
private prosecution, procedural status, criminal law, collecting evidence, court decision, Justice of the Peace, The private prosecutor, private prosecution cases, the criminal case, private complaint
Operative investigation in police work
Reference:
Yakovleva, E.O., Tarikin , V.K. (2025). Actions of special escort units during the suppression of escapes. Police and Investigative Activity, 1, 27–37. https://doi.org/10.25136/2409-7810.2025.1.73201
Abstract:
The subject of the study is the regulation of actions of special units for escorting convicts and persons in custody during the commission and suppression of escapes. The purpose of the work is to identify the main problems faced by the staff of the guard service and suggest ways to solve them in order to improve the efficiency of the functioning of special escort units in the context of modern challenges of reality. The methodological basis of this work is dialectics, induction, deduction, analysis, formal logical, formal legal, statistical methods, as well as the method of normative legal analysis. The research paper analyzes the concept and tasks of special escort units, the main problems and challenges they face, and criminal schemes based on established law enforcement practices used by convicts and detainees to escape during escort. The results of the work show that escapes pose a serious public danger and can be associated with diverse crimes. The main methods of escape are outlined, as well as shortcomings in the organization of security, training and interaction between law enforcement agencies. The scope of the results includes the practical use of the proposed recommendations to improve the efficiency of the escort units, as well as the development of new approaches to ensure the normal administration of justice. The conclusions that were formulated in the work emphasize the need for an integrated approach to solving the problems of escorting, including the use of modern technologies, the training of highly qualified personnel in convoy units and methods of monitoring the work of employees, which will significantly increase the level of public safety and reduce the risk of escapes.
Keywords:
training, reserve group, harassment, illegal actions, interaction, guard, escape, convicts, special units, escorting
The police and criminal procedure
Reference:
Lubentseva, K.A., Yakovleva , E.O., Ivanov, P.I. (2025). On the issue of the qualification of the legalization (laundering) of funds or other property acquired by criminal means. Police and Investigative Activity, 1, 38–49. https://doi.org/10.25136/2409-7810.2025.1.73334
Abstract:
In the modern criminal law system, the fight against the laundering of illegal income and criminally acquired property occupies a key position. By legalizing illegally obtained funds, criminals significantly complicate the work of law enforcement agencies in detecting and investigating primary crimes. At the same time, a number of problems, especially in the field of criminal legislation, hinder the effective opposition to this type of criminal activity. The subject of the research is the criminal law aspects of money laundering. The purpose of the work is to analyze the current state of legislation in the field of countering legalization (laundering), identify problems of law enforcement and develop proposals for improving criminal legislation. The research paper considers: statistics of those convicted under Articles 174 and 174.1 of the Criminal Code of the Russian Federation and the identification of discrepancies between the number of crimes and the number of persons brought to justice; problems in qualifying the actions of those accused of legalizing criminal funds and property; the need to prove the specific purpose of the offender; gaps in legislation regarding criminal prosecution for laundering criminally obtained funds abroad. The methodological basis of this work is the following methods: dialectics, induction, deduction, as well as statistical, formal and logical, as well as the method of regulatory analysis, which allow a deeper understanding of the problems of money laundering qualification. Results of the work – specific measures have been proposed to improve criminal legislation. Scope of application – the results can be used to improve the regulatory framework, as well as in scientific research in the field of criminal law. The scientific novelty of the study is expressed in the identification of problematic aspects and the need for amendments to Articles 174 and 174.1 of the Criminal Code of the Russian Federation, including the introduction of a minimum threshold for the amount of legalized funds and the establishment of administrative responsibility for laundering small amounts. It is also proposed to supplement the legislation with a provision on criminal liability for the legalization in Russia of proceeds from crimes committed in other countries. The conclusions that were formulated in the work emphasize that the existing legislation in the field of combating money laundering has a number of disadvantages that lead to low effectiveness in combating this type of crime.
Keywords:
judicial practice, counteraction, legislation, qualifications, problems, financial transactions, criminal liability, criminal proceeds, latency, money laundering
Preventative work of the police
Reference:
Barsegyan, S.V. (2025). Prevention of repeated crimes committed by foreign migrants after serving a non-custodial sentence. Police and Investigative Activity, 1, 50–70. https://doi.org/10.25136/2409-7810.2025.1.73308
Abstract:
The subject of this study is the peculiarities of preventing repeated crimes of foreign migrants after serving a non-custodial sentence. The article analyzes the features of modern criminal policy in terms of the impact on the prevention of repeated crimes of foreign migrants. The purpose of the study is to identify specific factors that contribute to repeat crimes by foreign migrants after they have served a non-custodial sentence, as well as to develop proposals to address the identified problems. The relevance of the study is due to the need to increase the effectiveness of preventing repeated crimes of foreign migrants after they have served a non-custodial sentence. The relevance is confirmed by statistical data on an increase in the number of non-custodial sentences imposed on foreign migrants, as well as an increase in serious and especially serious repeat crimes committed by foreign migrants. The methodological basis of the research is formed by dialectical, formal-logical, system-structural, statistical methods, as well as the method of comparative legal analysis and other methods of scientific research. The scientific novelty lies in the identification of four groups of specific factors influencing the re-commission of crimes by foreign migrants and in the development of modern methods for solving the identified problems. The article analyzes the provisions of current legislation aimed at preventing repeated crimes of foreign migrants, as well as the Convention of the member States of the Commonwealth of Independent States on the Transfer of Execution of Non–custodial Sentences. An assessment is given of the latency of the crime of foreign migrants who have committed crimes for which penalties are imposed that are not related to imprisonment. In order to increase the effectiveness of the prevention of repeated crimes of foreign migrants after serving or executing non-custodial sentences, it is proposed to consider four groups of specific factors: 1) political factors that led to the commission of the first and subsequent crimes; 2) shortcomings in legislation as a factor that does not deter the criminality of migrants; 3) factors related to the activities of courts and law enforcement agencies (shortcomings); 4) weak interaction with law enforcement agencies of foreign states whose citizens commit crimes on the territory of the Russian Federation. Logically formulated solutions are proposed for each group of factors.
Keywords:
fine, correction, expulsion, prevention, latency, causes and conditions, foreign migrants, imprisonment, punishment, convention
Preventative work of the police
Reference:
Khimedenova, D.N., Tarikin , V.K. (2025). Shadows of Freedom: a modern look at escaping from correctional institutions. Police and Investigative Activity, 1, 71–82. https://doi.org/10.25136/2409-7810.2025.1.73457
Abstract:
In recent years, there has been a permanent downward trend in the number of escapes from prisons. However, despite this, there still an urgent problem that requires a comprehensive and integrated approach to prevention of escapes. The subject of the study is the analysis of the key reasons influencing the escape of convicts and the identification of existing problems in the activities of correctional institutions. The purpose of the work is to assess the current state of the penal enforcement service in Russia in the context of work on preventing escapes; to draw up a portrait of a modern convict who escaped; to determine what the phenomenon of escapes lies in; to develop a set of measures to improve the prevention of escape activity; to formulate development directions for minimizing and preventing escapes from correctional institutions. The methodological basis of this work combines theoretical and practical aspects: criminological, regulatory and comparative analysis, statistical method, sociological approach, induction, deduction. The research paper proposes a list of a set of measures to eliminate existing problems and improve the work of the penal enforcement system to prevent escapes from places of deprivation of liberty. The results of the work indicate the importance of the problem of prisons' escapes and emphasize the need for a thorough study of escape activity both at the legislative level and at the level of each correctional institution, which as a result will be regarded as a competent investment in the normal functioning of the penal system. The scope of the results includes the practical use of the proposed recommendations by the territorial bodies of the penal enforcement system to monitor the state of escape activity and the full performance of assigned duties by correctional officers. The scientific novelty of the research lies in the development of author's recommendations on minimizing escape activity. The conclusions that were formulated in the work made it possible to draw attention to such an acute problem that exists in modern realities in correctional institutions, to the need to eliminate gaps and shortcomings that affect escapes from correctional institutions, as well as to develop optimal ways to minimize and solve these problems.
Keywords:
problems, improvement measures, causes, escape activity, penal system staff, strategies, correctional facilities, inmate, escape, places of detention
Operative investigation in police work
Reference:
Serenko, R.S., Tarikin, V.K. (2025). The use of the results of investigative activities in prisons of the Russian Federation: features and current problems. Police and Investigative Activity, 1, 83–95. https://doi.org/10.25136/2409-7810.2025.1.73491
Abstract:
The subject of the research is the specifics and actual problems of using the results of operational investigative activities in prisons of the Russian Federation, including their legal regulation and their use as proves in criminal cases. The purpose of the work is to analyze the problems of using the results of the investigative activities in prisons and to develop proposals for improving this activity in the context of the functioning of prisons. The research work analyzes the current problems of using the results of the investigative activities in prisons, issues related to improving the procedure for including the information obtained in criminal evidence, problems arising in the process of investigating crimes in prisons, and makes proposals necessary to improve this activity in the context of the functioning of prisons. The results of the work indicate the existence of existing urgent problems of using the results of operational investigative activities, as well as proposals necessary to improve this activity in the context of the functioning of prisons. The methodological basis of this work is an analysis of the norms of operational investigative and penal enforcement legislation, as well as the results of routine measures and operational investigative actions carried out by correctional officers in proving criminal cases. The scientific novelty of the study lies in the fact that the following problems related to the design of security measures in prisons are revealed: investigative activities are carried out without the issuance of an appropriate resolution; without the participation of witnesses; the compliance of such investigative activities with the criminal law requirements is dubious. As a result such investigative activities within the prisons should be considered unacceptable and cannot be used in the criminal proceedings. The conclusions that were formulated in the paper are aimed at solving the problems under consideration. To do this, it is necessary, first of all, to make appropriate amendments to the Criminal Procedure Code of the Russian Federation, which will complement the existing evidence system, as a result of which the results of operational investigative activities obtained in correctional institutions can be used in criminal proceedings.
Keywords:
legal regulation, cution of punishment, law enforcement activities, correctional institutions, current issues, penal enforcement system, features, crime, operational and investigative activities, results
The police and protection of human rights
Reference:
Mihailova, E.A. (2025). Socio-legal conditionality of criminal law counteraction to crimes in the field of illicit trafficking in digital financial assets and digital currency. Police and Investigative Activity, 1, 96–109. https://doi.org/10.25136/2409-7810.2025.1.73577
Abstract:
In the modern world, digital financial assets and digital currency are no longer new, these financial instruments have firmly entered the financial and economic field and continue to develop with confidence, attracting more and more people's attention. However, in Russian law, the turnover of digital financial assets and digital currency has been settled relatively recently and cannot be said to be fully fledged. A study of the legislation of the Russian Federation in this area makes it clear that it is still in the process of being formed. This situation does not leave without attention intruders who have the opportunity to carry out various kinds of illegal acts that violate the order of legal turnover of digital financial assets and digital currency. The subject of research in this article is social and legal factors that determine the need to implement criminal law counteraction to crimes in the field of illicit trafficking in digital financial assets and digital currency. The methodological basis of the work is based on the dialectical method, which made it possible to establish the legal and social issues of the need for criminal legal counteraction to illicit trafficking in digital financial assets and digital currency, the method of induction, deduction, as well as comparative legal, statistical, formal and logical methods. The scientific novelty of the research is expressed in the identification of social and legal factors that necessitate the implementation of criminal counteraction to the illicit trafficking of digital financial assets and digital currency. The author has clearly identified social and legal factors that indicate the need to protect the institution of legal circulation of digital financial assets and digital currency from unlawful encroachments. In conclusion, the author came to the conclusion that the development of digital financial instruments is already an irreversible process that is constantly being modernized, which simultaneously opens up new opportunities for society, but at the same time creates serious threats to the security of the financial system of the state. The legislation regulating the legal turnover of digital financial assets and digital currency is dispersed across various legal acts and has visible gaps that are very favorable for criminal activity, which is why the criminal law investigation of the illicit trafficking of digital financial assets and digital currency has a high socio-legal need.
Keywords:
Methods of counteraction, Criminal law, Social conditionality of counteraction, Legal conditionality of counteraction, Illegal traffic, Criminal law counteraction, Digital currency, Crime, Digital financial instruments, Digital financial assets
The police and protection of human rights
Reference:
Podustova, O.L., Murav'ev , K.V., Oleinik, V.V. (2025). Realization of the victim's right to compensation for the harm caused by the crime in modern conditions. Police and Investigative Activity, 1, 110–119. https://doi.org/10.25136/2409-7810.2025.1.72599
Abstract:
The problem of compensation for damage caused by a crime has remained extremely relevant in recent years due to the lack of a protective and restorative mechanism within the framework of criminal proceedings to protect the violated rights and legitimate interests of persons affected by crimes. The emergence of new grounds for exemption from criminal liability, which do not take into account the interests of victims, increasingly exacerbate the existing situation in the field of ensuring compensation for damage caused by a crime and dictate the expediency of taking additional measures aimed at protecting the rights and legitimate interests of victims. The subject of the study is the criminal procedure legislation regulating the issues of compensation for damage caused by a crime, as well as the powers of employees of the preliminary investigation bodies to ensure this activity. The purpose of the study is to develop proposals for improving ways to ensure compensation for harm caused by crimes at the pre-trial stages of criminal proceedings. As a result of the conducted research, the authors came to the conclusion that it is necessary to increase guarantees of ensuring the rights of victims to compensation for damage caused by crimes and to create additional opportunities to stimulate suspects and accused persons to voluntary compensation for harm. The obligation of the State to compensate for damage, enshrined in article 52 of the Constitution of the Russian Federation, finds its realization by transferring these functions to the bodies of preliminary investigation. The scientific novelty of the study consists in the development of changes providing for the introduction of additional restrictions on persons suspected and accused of committing crimes, including using information technology capabilities for this purpose, as part of the preliminary investigation, by analogy with administrative legislation.
Keywords:
cryptocurrency, seizure, recovery of property, compensation for damage, suspect, rights, victim, preliminary investigation, criminal proceedings, civil suit