Abstract: In the preface the author outlines the top priority of criminology – crime prevention. The author assesses the crime prevention system in various historical periods of the Russian state development. The text emphasizes the significant importance of measures of social prevention for crime prevention, their hierarchical peculiarity in the Russian practice. The author analyzes the statutory instruments reflecting crime prevention; reveals the barriers hampering the introduction and application of particular measures of crime prevention, and the advantages of the existing measures with a positive experience of application. The author applies the system, historical, comparative, analytical methods, the method of cause and effect relation and the prognostic method. The author understands the priority objective of criminology which is crime prevention. At the same time it is its most difficult task. The author’s conclusions are based on the historical analysis of the ways of crime prevention in the Russian state and on comparing this experience with the modern legislative approach to the problem of criminality. 

Keywords: counteraction, rights, legitimate interests, system, criminality, role, places of confinement, measures, round table, prevention

Abstract: Juvenile delinquency prevention is one of the most important tasks of the law-enforcement system of any country. Unfortunately, this problem, like any other problems of crime, has no simple solutions. Moreover, in the modern context the problems of youth violence, extremism, and various forms of deviant behavior are as urgent as they’d never been. These problems are also urgent for Russia. Using general scientific methods of analysis and comparison, the author analyzes the legislative construction of stealing of objects of a particular value, and the moment of finishing of this crime. The author bitterly notices that the monument to the famous Soviet pedagogue in Kharkov was destroyed on 24 October 2011. This monument had been constructed in 1968, and its construction was funded by the workers of the FED plant. Now the person, considered as a heritage of the world civilization, is not needed by those who he had worked for, only because his ideas don’t correspond with those of the contemporary historians of Kharkov. 

Keywords: violence, dehumanization, danger, offence, behavior, Makarenko, pedagogue, juvenile, crime, prevention

Abstract: The issues of cooperation and a collective experience in crime prevention are traditionally among the top-priority and undisputed issues of international relations. It can be explained by the fact that there are not so many factors dividing the states as compared to those uniting them. Thus it’s easy to understand why the scientific researches and comparative studies, which had been carried out in different periods of time by the authors having sometimes opposite views and beliefs, contain the same idea that our contradictory and often conflictive world is nonetheless characterized by the common strategic aspiration for interrelation of peoples, their solidarity and will to struggle together against the common evil such as criminality. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logical method, statistical and other methods of scientific cognition. The author offers to create a regional scientific and research criminological centre of the UNO on the territory of the Russian Federation. The author supposes there are no insuperable political, economic, legal, personnel or institutional and management barriers to it. It is not that difficult to develop the subject area for scientific researches of this centre. 

Keywords: participation of Russia, international organization, prevention, criminality, contact, interrelation, appeal, offender, opportunity, premis

Abstract: The author considers such aspects of criminal justice response to organized crime as the set of political, socio-economic, informational and propagandistic, organizational, legal and other measures implemented by public authorities, local governments, public associations and other organizations, which are aimed at criminal processes neutralization, criminality deterrence and slowdown. The author detects and considers two levels of organized crime prevention: the general social and the specific criminological. The research methods include the comparative-legal and dialectical methods, analysis, synthesis, the historical method, the method of assessments, the structural-functional and system methods, and the method of moderating. The author concludes that there are two levels within the crime prevention system: the general social (crisis phenomena liquidation in economics, politics, public ideology and psychology, social sphere and law enforcement activity) and the special criminological ones (law enforcement agencies’ activities aimed at revealing the reasons and conditions encouraging crimes, and involvement of law enforcement organizations and citizens in crime prevention). 

Keywords: struggle, organized crime, security, crime, response, illegal behavior, law enforcement activity, measures, implementation, problem

Abstract: Criminality can’t be eradicated once and for all. Criminality prevention includes all the complex of efforts of the society and the state aimed at prevention and restraint of crimes, avoidance of crimes, correction of the guilty, and education of the youth in the spirit of respect for law and morality and the rules of the society. Crime prevention can be described as the following system: on the one hand, the state and the society as a huge system create the conditions for struggle against criminality, and on the other hand, law enforcement organizations, family, school, teachers and “common people” attempt to prevent criminal actions on the part of particular persons. In the sphere of struggle against criminality several terms are used, including “criminality prevention”, “struggle against criminality”, etc. The author notes that usually these terms are used as synonyms expressing one and the same idea. At the same time, some autonomous directions can be singled out in preventive activities. A significant number of people, committing murders, are recognized mentally incompetent, and therefore avoid criminal prosecution. But their social danger remains high, as far as they can commit another murder in a psychiatric hospital or after the treatment. The cases are known when the persons, released from psychiatric hospitals, committed two and even three murders. It means that they were released arbitrarily, the more so since there exist such psychiatric diseases, which can’t be cured. Therefore, the author suggests that those who have committed two or more murders should be kept in psychiatric hospitals for life. 

Keywords: prevention, criminality, prophylaxis, crime, restraint, avoidance, convicted, correction, individual, murder

Abstract: The research subject includes special measures of corruption prevention in law enforcement agencies. The author notes that the emphasis should be put on the development and implementation of preventive measures. The author enumerates the system measures of corruption prevention and combating in law enforcement agencies which cover all the stages of service – from the moment of employment till the retirement. The author emphasizes the particular role of the victimological vector in the structure of the special criminological preventive work. The research methodology comprises the system, comparative, structural-functional methods, the methods of analysis and synthesis, and the method of cause and effect relationship. The main contribution of the author is the comprehensive detection and characterization of special anti-corruption measures in law enforcement agencies. The analysis of special preventive measures shows that the emphasis should be put on the development and implementation of preventive measures. 

Keywords: official malfeasance, detection, activity, prevention, law enforcement agencies, condition, sphere, corruption, system of measures, prevention

Abstract: The idea of the priority role of prevention dictates the necessity to improve legislative activities aimed at traffic safety provision, and oblige the legislator to apply preventive measures in this sphere. Nowadays one in three traffic accidents is a crime, and their number has increased by 15 percent in the last 10 years. Such an increase of the number of road traffic crimes and the gravity of their consequences is in many aspects the result of the insufficient legislation in the sphere of traffic safety provision, and requires the improvement of road traffic safety. The effectiveness of prevention of the violation of the road laws and vehicles exploitation depends on the capacity to use legislative provisions in the sphere of road traffic safety. Legal measures connected with the improvement of criminal legislation and other statutory instruments, being the main direction of general measures of vehicles exploitation, should become a socially determined measures of road traffic safety provision. Together with an unavoidable and just punishment of the guilty of crimes in this sphere, prevention of crimes in this field of social safety is an advance, promising and efficient way to reduce the number of traffic accidents.  

Keywords: traffic, accident, criminality, rules, punishment, exploitation, sanction, prophylaxis, road traffic safety, prevention

Abstract: Acquisitive and acquisitive-violent crimes, committed using a theft, robbery, or robbery with violence, make up two thirds of juvenile delinquencies. From the point of view of criminological assessment, it is important to answer the question about the real situation with the motivational correlation of violent and acquisitive crimes of juveniles and the changes which had happened to their structure. To define this correlation more clearly criminologists often group all statistical and other quantitative crime indicators in three groups: according to violent, acquisitive, and violent-acquisitive crimes. To achieve the scientific objectives the author applies general scientific and specific research methods: analysis, synthesis, the structural-logic method, statistical and other methods of scientific cognition. Juvenile delinquency prevention can be divided into the early direct pre-crime behavior prevention and the recidivism prevention. On each stage it is important to develop and implement the set of targeted measures of influence on the juvenile, as far as it will determine the further development of the situation with juvenile delinquency in Russia. 

Keywords: transformation, characteristic, notion, doctrine, Criminology, activity, system, strategy, phenomenon, condition

Abstract: The author analyzes the criminological concepts of crime prevention, assesses the contemporary condition of crime prevention, and reveals the problems and shortcomings of this process in Russia. The peculiarity of the subject study lies in the study of the concept of impact on the reasons of crimes and its further fixation. Criminal behavior abandoning can be caused not only by the decision of the person, but also by the preventive social and special criminological impact. The research methodology includes the comparative, system, analytical, structural-functional, prognostic methods, content-analysis, and modeling. The peculiarity of the approach lies in the conceptual study of the crimes prevention system. In the special criminological meaning the preventive impact is aimed at criminal behavior abandoning by persons who have committed first or second offences. The support for the former convicts after release on the post-penitentiary stage using the control means and the instruments of social adaptation will help to fix the results of corrective treatment. 

Keywords: concept, criminality, realization, formation, criminal sanctions, reformed, struggle, measures, prevention, system

Abstract: The basis of measures preventing escapes from places of confinement is the continuous and systematic work of all penitentiary units aimed at detection and elimination of the reasons, conditions, and factors encouraging escapes. For the purpose of choosing the optimal measures and methods of treatment of the convicts and defining the strategically important directions of this activity, it is necessary to carry out coordinated activities including analysis, prognostication, planning, organization, and control in the sphere under consideration. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logical method, statistical, and other methods of scientific cognition. When implementing the measures preventing escapes from penitentiary institutions, it is necessary to pay special attention to the dynamics of qualitative and quantitative structure of the convicted; to ensuring isolation, supervision and security; to accommodation of the persons in correction facilities, their employment, living conditions and medical maintenance. Only a well-organized cooperation of the staff of all penitentiary units will help to reveal the reasons, conditions, and factors encouraging escapes from places of confinement. 

Keywords: staff, convicted, places of confinement, the escape, exclusion, measures, prevention, avoidance, profile, crime condition

Abstract: According to the official statistical data, 1728643 cases were opened in 2014, and 76577620 administrative offences were terminated by the police. These figures demonstrate the difference between the number of detected crimes and administrative offences. Jurists admit that preventive actions should be one of the main directions of crimes prevention and should include not only detection, but also neutralization of reasons and conditions of this negative phenomenon. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logical method, statistical and other methods of scientific cognition. The absence of the institution of attempt within the legislation on administrative offences determines the uncertainty of the moment of ending of a petty stealing, leads to an ambiguous interpretation of the provision in the judicial practice and the acts of interpretation of the Supreme Court of the Russian Federation. For the purpose of this problem eliminating and bringing the article 7.27 of the Code of Administrative Offences of the Russian Federation in compliance with the existing law enforcement practice, the author offers to impose administrative liability not only for the committed petty stealing, but also for the attempt at petty stealing thus preventing more dangerous crimes. 

Keywords: way, prevention, crime, administrative punishment, petty stealing, protection, disposal of the stolen property, administrative offence, termination, detection

Abstract: In the Soviet legal doctrine stealing of state and public property was considered as an infringement on the economic basis of the state. In terms of a permanent shortage of goods of prime necessity stealing of state and public property was qualified as a dangerous, damaging crime. According to the legislation of that period, the inquiry bodies, prosecution agencies and courts were responsible for implementation of the principle of unavoidability of punishment, the completeness and objectivity of adjudication of all stealing, appropriation and peculation cases wherever they had been happening. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logical method, statistical and other methods of scientific cognition. The archive documents analysis shows that in many units of Leningrad directorate of prisoners of war and interned the head’s term of office depended upon the position of his patrons in the superior bodies. Thus, the head of the camp department No 21 of the directorate of prisoner of war camps No 339 of the Ministry of Internal Affairs of the Soviet Union M. Pavlov was fired from the system of internal affairs by the decree of the head of the Regional Office of the Ministry of Internal Affairs of the Soviet Union in Leningrad oblast No 628 of 1 November 1946 for a regular abuse of official position for lucrative purposes. The evidences were taken to the personnel department of the Regional Office of the Ministry of Internal Affairs to be attached to his personal profile. 

Keywords: stealing, property, infringement, state, shortage, goods, qualification, crime, abuse, order

Abstract: The author analyzes the mechanism of implementation of the provisions of criminal and penal law in crime prevention. The research subject is the provisions of criminal and penal legislation playing crucial roles in crime prevention. The paper emphasizes the importance of the stage of preparation of the convicted for deinstitutionalization and post-penitentiary adaptation, on the one hand, and the declarative nature of the existing provisions of criminal and penal legislation and the absence of a specialized post-penitentiary service, on the other hand. The author characterizes the legislative inconsistency, and offers the ways of its improvement. The research methodology is based on the comparative and system methods, statistical analysis, the method of cause and effect, and content-analysis. The author analyzes the provisions of criminal and penal law from the position of preventive impact; outlines the key inconsistencies in the process of implementation of criminal and penal legislation. The author considers the problem of crime prevention from a new point of view and offers key proposals. Theoretical discussions and the search for practical ways of the penitentiary system improvement can help to create the national Russian structure based on the progressive penitentiary system. 

Keywords: criminal and penal law, convicted, registered, are, post-penitentiary prevention, problem, regimes, conditions, implementation, provisions

Abstract: The research subject is the role of an aggrieved person in the genesis of a socially-dangerous act. His role is conditioned not only by his behavior, but also by some psychological components. The authors insist on paying special attention to the problem of acquisitive crimes on the part of the victimological approach. The paper draws attention to the special role of victimological prophylaxis as a multifaceted activity of the state, the society and all law enforcement agencies. Therefore the prevention of victimization and the prevention of criminal behavior act together and are considered as an inseparable process. The authors apply the system and comparative methods, the method of cause and effect relationship, analysis and synthesis. The research novelty lies in the detailed analysis of the system of acquisitive crimes prevention on the part of victimological prophylaxis. The authors emphasize the short-sightedness of limitation of tactical methods of prevention by affecting only the persons committing larceny. The conclusions are formed in the concrete suggestions about social prophylaxis and personal protection improvement. 

Keywords: property, possession, society, victimology, struggle, criminality, prevention, larceny, stealing, crime

Abstract: The radical transformations, taking place in Russia, alongside the positive results, have caused the toughening of a crime situation. Criminality as a negative social phenomenon dominates in the society, destroys governmental institutions, demoralizes social conscience, and undermines the authority of government structures. New criminogenic challenges require reconsideration of the main directions of crime prevention. The former conceptual crime prevention paradigms have been destroyed, the positive experience has been rejected, and the existing scientific results have been ignored. In this context there is a need for a new vision of problems, an optimal criminological model able to neutralize the negative consequences of social relations decriminalization. To achieve the research purposes the author applies general and special scientific methods: analysis, synthesis, the structural-logical method, statistical and other methods of scientific cognition. The condition of criminality is the set of crimes committed on the certain territory for the certain period of time; the level of criminality is the correlation of the number of crimes committed on the certain territory and the population size; the criminality dynamics is the quantitative changes for the period of time; the criminality structure is the share correlation of particular groups and types of crimes in total. 

Keywords: characteristics, criminality, challenge, study, activity, defining, strategy, system, concept, criminological policy

Abstract: The paper studies the defence counsel’s status as a subject of proving during pleadings and parties’ replies in the contemporary Russian criminal proceedings. The author analyzes various positions on the term defence counsel’s speech defining, offers her own definition and studies the main features characterizing it. The paper contains the classification of rights, duties and responsibilities of a defence counsel in judicial proceedings during pleadings and parties’ replies. The author applies the formal logical, statistical, historical-legal methods, analysis and interpolation. The paper studies the standard structure of a defence counsel’s speech, and the main stages of its preparation and delivering. The author studies and classifies the rights, duties and responsibilities of a defence counsel during his speech in pleadings and parties’ replies. The author formulates the main problems which a defence counsel faces during pleadings and parties’ replies, and offers the ways to solve them. 

Keywords: speech, the prosecution, criminal proceedings, the accused, court, last plea, pleadings, counsel, defence counsel

Abstract: The high level of social danger of drug-related crimes, the specificity of criminogenic situation in Russia, the need of the science and practice for their prevention using the set of forensic instruments create a problem situation which can be and should be solved using technological and criminalistic means. The author classifies technological and forensic instruments and new technical means applied for drugs detection. This classification can serve as the basis for the development of ways of drug-related crimes prevention. The research methodology includes the methods of analysis, synthesis, statistics, comparison, description, system study, induction, and prognostication. The author considers and characterizes technological and forensic means aimed at drug-related crimes prevention. On the base of the brief analysis of technological means of detection, fixation, and confiscation the author offers the variants of application of the modern instrumental means of analysis, and enumerates the new ways of technological and forensic instruments application. 

Keywords: means of fixation, search means, means of fixation, forensic information, laboratory research, optical devices, search devices, lighting, intended purpose, drug-related crimes

Abstract: The transcript contains the description of the problems discussed during the ordinary meeting of the Union of Criminalists and Criminologists which initiated the round-table devoted to crime rrevention. The paper demonstrates the report of the President of the Union of Criminalists and Criminologists about the work done and the texts of the scientists’ reports. In particular, it contains the transcripts of the reports by V.E. Eminov,  A.P. Kuznetsov, A. Ya. Grishko. In the result of the round-table the meeting adopted a resolution. The transcript runs that the Union carries out difficult and necessary work aimed at the Union promotion. The speakers have been offered an opportunity to publish their reports in the journal of the Union of Criminalists and Criminologists. The guides to authors can be found on the website. 

Keywords: crime, transcript, criminologist, criminalist, journal, system, prevention, judicial error, prevention, Union

Abstract: The resolution contains the results of reports of the participants of the “Crime prevention” round-table. The paper demonstrates the results of the reports, including the following statements: it is necessary to continue and enhance the legislative work in the sphere of crime prevention measures increase, especially on the stage of execution of a punishment, and to pay attention to a bad quality of prevention measures; it is necessary to reconsider the current condition of crime prevention; it is necessary to clarify the notion of criminological policy as a system of administrative measures implemented by the government for crime prevention by means of legal impact on a person, the reasons and conditions causing crimes with the purpose of crime prevention; it is necessary to admit the need for the national concept of organized crime prevention; it is necessary to pay attention to the level of coordination of criminal and social branches of law in the sphere of crime prevention and to develop an optimal criminological model able to neutralize the negative processes of social relations criminalization; the criminological expertize of all bills, relating to crime prevention, should be compulsory; it is necessary to change the ideas about crime prevention. The transcript is signed by the President of the Union of Criminalists and Criminologists I.M. Matskevich. 

Keywords: reconsider, change, develop, clarify, admit, pay attention, consider, offers, improve, offer

Abstract: The research object is the range of social relations emerging in the process of committing crimes by the convicted TBC patients. The research subject is criminological characteristic of crimes committed by the convicted TBC patients. The author considers the general condition of penitentiary criminality of the convicted TBC patients and classifies them. The author reveals the peculiarities of post-penitentiary recidivism of this category of the convicted. The research methodology is based on the modern achievements in epistemology reflecting the correlation of theory and practice. The author applies the statistical method, including the collection and analysis of statistical data about socially dangerous acts and crimes committed by the consumptives; expert assessments, which are based on the officials of law enforcement agencies interviewing. The topic under discussion hasn’t been considered in a monographic study so far. The author offers criminological characteristic of crimes committed by the convicted TBC patients. The characteristic includes information on their condition and tendencies. The author explains the criminogenic role of tuberculosis spreading and its negative impact on the crime rate in penitentiary facilities. The author proves the reasonability of separate keeping of the consumptives taking into account the reformation of the penitentiary system. 

Keywords: penitentiary facility, penitentiary criminality, disease, service of sentence, confinement, prison, sickness rate, tuberculosis, convicted, criminality

Abstract: The research subject includes the legal aspects of the Furman v. Georgia, the Gregg v. Georgia and other significant cases which had influenced the development of the institution of capital punishment in the USA in the late 20th century. The author considers the Furman v. Georgia case’s plot, pays attention to the social and legal prerequisites of the 1972 moratorium on the death penalty and its abolition in 1976. Special attention is paid to the analysis of the positions of the judges of the US Supreme Court and the post-Furman tendencies. The main research methods are the technical and the comparative-legal methods. The study is based on the analysis of the key cases of the US Supreme Court. Significant attention is paid to the evolution of the issue by means of the historical method. The author comes to the following conclusions: 1) the temporary moratorium on the death penalty in the US was a necessary stage of legal evolution; 2) the pause was needed for the reformation of criminal procedural legislation, the solution of the burning social and legal problems related to the death penalty. The novelty of the study lies in the fact that the problem of imposition and further abolition of the moratorium on the death penalty in the USA hasn’t been studied in the Russian literature yet. The author concludes that the issue of the constitutional character of the death penalty in the USA is unlikely to be raised in the future, since in the late 20th century the legal procedure improvement tendency had formed. The author applies general philosophical methods including dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The Gregg v. Georgia case has become the logic continuation of the Furman’s case. The death penalty is developing independently from the wills and the aspirations of the US Supreme Court being a significant socio-political phenomenon and a certain pattern of the American society’s conscience. The judges of the Supreme Court along with the citizens are the participants of the same historical process. The considered post-Furman tendencies equate and correct the application of a “cruel and unusual punishment”. We suppose that the issue of humanization and improvement of the procedure will be topical during a long period of time. 

Keywords: death penalty, democracy, rights, freedom, moratorium, violation, sanction, court, protection, case

Abstract: The article is devoted to the problems of legal qualification of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation. Using the criminological analysis of this crime, the authors draw attention to the inconsistent interpretation of the article 2 of the Federal Law “On Pawnshops” (prohibiting population loan agreements for the purpose of working capital financing) by the Bank of Russia, based on the identification of profitable legal activities, as specified in the article 2 of the Civil Code of the Russian Federation, with economic activities connected with the general ability of legal entities to execute civil transactions. It is necessary to consider specific terminology of civil, banking and tax legislation when qualifying these relations. The authors apply general methods of analysis and comparison and analyze the legislative construction of stealing objects of special value and the moment of the end of this crime. Borrowing of money by pawnshops using loan agreements, until at least the judicial requalification of transactions, doesn’t infringe the Federal Law “On Banks and Banking” and the chapter 44 (Bank Deposit) of the Civil Code of the Russian Federation, and lies within the framework of the general legal capacity of a pawnshop; it doesn’t coincide with the signs of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation. 

Keywords: banks, loan agency, fraudulent transaction, bank deposit, loan agreement, illegal loan agency, economy, disposition, crime, objective side of a crime

Abstract: The article 322 of the Criminal Code of the Russian Federation provides for the liability for a fake registration of a citizen of the Russian Federation at the place of residence in a living accommodation in the Russian Federation and a fake registration of a foreign citizen or a stateless person at the place of residence in a living accommodation in the Russian Federation. To achieve the research objectives the author applies general scientific and specific methods of analysis, synthesis, the structural-logic method, statistical and other methods of scientific cognition. The last criminalization criterion runs that criminalization shouldn’t be carried out if struggle against such a socially dangerous act can be possible and effective using other, more gentle measures. The author supposes that it would be more effective and consistent to impose administrative liability for a fake registration at the place of residence, and penal prohibition should be connected with administrative prejudgement and (or) a particular number of cases of a fake registration. 

Keywords: criminal liability toughening, fictious nature, criminalization criteria, social danger of a deed, administrative liability, crimes, legislator, court, criminal law theory, criminal liability

Abstract: The research subject is the range of provisions of the current international, federal and regional legislation, statistical data about the criminal situation connected with immigrant criminality, the materials of judicial and investigation practice, the data acquired during questioning of criminal foreigners and experts, and other empirical materials which help to ascertain criminological peculiarities of the personality of a criminal foreigner and a victim foreigner; to reveal the factors determining the committing of crimes by foreigners and against them; to develop the measures of these crimes prevention. The research methodology is based on the modern achievements in epistemology, developed by the legal science and tested by the practice. The study has a multidisciplinary character, thus determining the use of particular methods of immigrant criminality studying. The research methodology includes the dialectical method, used for the development of the conceptual framework and the key terms, and the general scientific methods of analysis, synthesis, the system approach, and the logical methods of induction and deduction. The legal character of the study determines the use of the technical and the comparative-legal methods. The author also applies the methods of criminology – questioning of criminal foreigners, expert survey of the officials of law-enforcement bodies, criminal cases study, and the analysis of criminal statistics. The scientific novelty of the research is determined by the developed theoretical and criminological model of immigrant criminality, which helps to define the condition, the dynamics, the tendencies and the criminological factors of this type of criminality, and to develop the general measures of prevention. The author considers the victimological aspect of this problem and suggests the ways to improve the measures of victimological prevention of immigrant criminality. 

Keywords: notion, national, immigrant criminality, criminology, victimology, stateless persons, stateless persons, foreign citizens, foreigners, criminality

Abstract: The protection of rights and legal interests of persons from crimes determines the application of pre-trial restrictions to the persons infringing the rights and interests of other persons. These restrictions should be legal and justified, and should be applied to the persons committed crimes. On the one hand, the question of pre-trial restrictions application is closely connected with the guarantees of personal rights (especially the rights of minors) in criminal procedure; on the other hand, pre-trial restrictions are a direct invasion of the state in the sphere of civil and political rights. The author applies general scientific methods of analysis and comparison and analyzes the legislative construction of stealing the objects of a special value and the moment of the end of this crime. The article contains the historical analysis of application of pre-trial restrictions to juvenile accused using the example of Great Britain and the USA, and compares them to those applied in Russia. In order to guarantee the protection of rights of minor offenders, and guarantee their special status when applying pre-trial restrictions, it is necessary to take into consideration numerous factors influencing the choice of pre-trial restrictions. 

Keywords: legal interests, legal proceedings, minor, pre-trial restrictions, protection, freedom, immunity, security, police, rights

Abstract: The absence of criminal procedural provisions regulating the procedural status of a claimant – a person applying to the internal affairs agency or a magistrate court to report about a committed or an imminent crime, and procedures regulating the order of application and other rules of a claimant’s participation in criminal proceedings, promotes illegality and corruption on the part of the officials responsible for implementing criminal procedural activities. A complaint or a report about a crime can be lodged by a claimant. It is the claimant who initiates criminal proceedings. A claimant can be a physical person or a legal entity reporting about a crime to the law enforcement agency responsible for deciding about initiation of criminal proceedings. The author notes that, according to the Criminal Procedural Code of the Russian Federation (articles 140 – 149), an aggrieved person can’t be identified on the initial stage of a criminal case. The author applies general scientific methods of analysis and comparison and analyzes the legislative construction of stealing objects of a special value and the end of this crime. If the complaint or the report about a crime has been registered, it is much harder to secret it. A particular decision should be made about it. Secreting a crime in this case is possible only by forming an illegal enactment about a refusal to initiate criminal proceedings. If such an enactment has been made, there appears a possibility to appeal it, verify it, or repeal. Moreover, the very fact of an illegal enactment about a refusal to initiate criminal proceedings can serve as a reason for imposing liability (including criminal) on the person who has formed it. Therefore negligent officers try not to register a complaint or a report about a crime. At the same time, the complaining citizens should do everything possible to have their complaint registered. It is much harder not to register the complaint of a person knowing all the requirements of legal acts related to registering reports about crimes. 

Keywords: magistrate court, complaint, crime, appeal, proceedings, lawlesness, corruption, initiation of criminal proceedings, claimant, status

Abstract: The paper considers some aspects of use of the Universal Forensic Extraction Device (UFED) in investigation and expert practices. The author describes the essence of this device and its technical capabilities, and explains the necessity to use it by agencies of preliminary investigation. Moreover, the author raises the issues of procedural registration of the results of the collection of data about subscribers and (or) subscriber devices using UFED, and offers the ways to solve them. The author applies the set of general scientific and special research methods including the normative-logical method, the system method, analysis, synthesis, deduction, induction and others. The novelty of the research consists in the fact that nowadays, due to the increase of the number of mobile devices and registered subscribers, including criminals, the information, transmitted via mobile devices, should be controlled. The analysis and processing of the information about connections between subscribers and (or) devices is one of the promising directions of the forensic ensuring of criminal investigations. 

Keywords: investigator, judicial information, data about subscribers, subscriber device, cellular telephone, complex, procedural registration, forensic technique, identification, data extraction

Abstract: The shop’s robbed on the division’s territory. To make things worse, the criminals didn’t only rob the shop; they robbed the shop with the study of the head of the political department above it. That was Rosin reported to Crispus who was smoking continually. Waiting for Crispus’ reaction, Rosin was nervously trying to guess what was going to happen and how to react to it. Rosin reports the arrival of an investigator from Moscow who had been sent to deal with the stealing. Crispus reacts with enthusiasm, hoping he would get rid of the problem, but Rosin disappoints him saying that the case will be investigated through joint efforts, and they both go to the prosecutor. The prosecutor is trying to keep a poker face, but he can hardly do it. A cold case at the end of the year, with a prospect of reporting to Moscow, is far from being a New Year gift. 

Keywords: threshold, investigator, meeting, cold case, department, fingerprints, smoke, study, Crispus, Rosin