Abstract: The State Duma deputies are often asked to sort out criminal cases, which had been, in the opinion of the accused claimant, initiated illegally, or to interfere in the decision of the court. The author explains, why such claims are destined to be rejected by the deputy. The fact is that such claims fall behind the deputy’s competences. The Federal Law “On the status of the member of the Federation Council and the deputy of the State Duma” imposes control functions on the deputy, together with the legislative ones. Upon the enquiry of the deputy, the work of Kirzhach investigation department had been examined. During a month the case had been evoked and sent to the Office of Investigations of the Department of the Ministry of Internal Affairs of Vladimir region, to be considered by the special investigator. Thus, the heads of the investigation department had acknowledged the complexity and the specificity of the criminal case. Thanks to the deputy control, the case had been distinguished from the range of similar cases and successfully investigated. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal studies.

Keywords: complaint, Criminal prosecution, Criminal case, Court, Law, The State Duma, claim, Investigator, report

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 article studies the peculiarities of examination, search and seizure of special software of a mobile automated workplace which should include: -          Means of access to the database of stolen things and values and to the database of persons; -          A reference system (an expert system) of the tactical mechanisms of examination, search and seizure; -          A program of procedural registration of the results; -          An educational system and a system of employees’ knowledge, skills and abilities control. The author applies general scientific and special methods of cognition: the dialectical, formal-logical, and structural-functional methods and modeling. The use of a mobile automated workplace is possible not only in relation to investigative actions. The sphere of its application is determined by the software, the volume and the content of databases. Thus, in order to increase the universality of an automated workplace, it is necessary to provide the access to external databases (fingerprint files, criminal cases files, normative information, etc.), and to consulting and expert systems of the Ministry of Internal Affairs of the Russian Federation in the software. It will allow using personal computers for investigative actions on any stage of investigation. The use of such systems will increase the efficiency of investigation of crimes and make the work of an investigator easier. 

Keywords: coding  , investigative action, offence, investigation  , automated workplace, capacity, algorithms, passport, area  , disk

Keywords: Ravenstvo, Printsip, Bukva zakona, Dukh zakona, Primirenie storon, Chastnoe obvinenie, Reformirovanie, Nesootvetstviya