Abstract: Subject of the study: patterns of collecting, examining, evaluating, and using evidence during the on-site investigation in the case of road traffic crimes. By identifying these patterns, the author emphasizes the practical importance of clarifying the objectives of on-site examination for the law enforcer, as it enables them to effectively plan and prepare for this investigative action in the investigation of this category of criminal cases. Special attention is given to possible investigative situations in which each of the examined objectives may be relevant to the law enforcer specifically in the investigation of road traffic crimes. The author analyzes literary sources to establish the most optimal list of objectives for this investigative action, refers to the criminal procedural legislation of Russia and the Commonwealth of Independent States (CIS), as well as to materials from judicial practice. The methodological basis of the study: method of critical analysis (examined the objectives of on-site examination highlighted by different authors), method of legal modeling (analysis of Article 194 of the Criminal Procedure Code of the Russian Federation), comparative legal method (analysis of criminal procedural legislation of CIS countries), and observation method (the author used official statistical data and examples from judicial practice). Scientific novelty of the research: the author examines the objectives of the on-site investigation of road traffic crimes at a monographic level in the absence of similar studies over the past twenty years. The author summarizes new material on the topic: official statistical data for 2023 and 2024, examples from judicial practice for 2024, as well as the author's experience in investigating road traffic crimes in the position of investigator. Main conclusions of the study: first, conclusions about highlighting specific objectives of the on-site investigation as a result of literature and criminal procedural legislation analysis, such as the objective of determining the details of the incident loci; second, conclusions about the author's formulations of some highlighted objectives, such as the search by the verified person for traces, items, and documents; third, a conclusion about the necessity of grouping all considered objectives based on their significance in the investigation of road traffic crimes and the current legislative regulation in the Criminal Procedure Code of the Russian Federation into primary and additional ones.

Keywords: road traffic offences, criminal investigation, investigative actions, investigation of road traffic offences, verification of testimony, forensic tactics, forensic methodology, CPCs of the CIS states, tasks of verification testimony, road traffic accidents

Abstract: The subject of this article is juvenile delinquency, its condition and certain aspects of determination in modern conditions. The article analyzes the personality characteristics of juvenile offenders, their susceptibility to the influence of external factors, as well as certain issues of determining juvenile delinquency due to cases of unjustified use of the institution of probation in practice. Attention is paid to statistical data, the analysis of which allows us to establish a clear downward trend in both the number of crimes committed annually by minors and their share in the total mass of crimes committed. The relevance of the stated research topic is related to the need to study the specifics of bringing minors to criminal responsibility in connection with the specifics of this category of criminals and the need to minimize criminal actions on their part. The need to study issues related to juvenile delinquency clearly takes place in modern conditions, especially in the light of the increase in the population of the Russian Federation as a result of the annexation of new territories. The novelty of the study consists in the presentation and research of statistical data on juvenile delinquency in the Russian Federation, as well as the formulation and analysis of problematic aspects of the application of the institution of probation to minors in its current form. In the light of the accession of new regions to the territory of the Russian Federation, this topic requires detailed study in order to exclude the likelihood of an increase in crimes committed by minors as a result of placing them in conditions with new legal realities for them. The main conclusions of the study are the statement about the need for further scientific research of options for optimizing the legislative regulation of the institution of conditional sentencing of minors, which in the future can contribute to the continuation of the trend towards an annual decrease in the number of crimes committed by minors, as well as generally have a positive impact on crime prevention activities in the country.

Keywords: statistics, minors, crime rate, criminal liability, age of criminal responsibility, determinants of crime, juvenile delinquency, identity of the criminal, suspended sentence, crime

Abstract: The subject of the study is the criminal law norms regulating the basis and procedure for bringing persons evading administrative supervision to criminal responsibility. The object of the study is social relations arising in connection with the involvement of a supervised person who repeatedly fails to comply with administrative restrictions imposed on him by the court, to criminal liability. The author examines the ambiguity of the doctrinal and judicial interpretation of such signs of a crime provided for in Part 2 of Article 314.1 of the Criminal Code of the Russian Federation as "repetition" and "conjugacy", which entails problems with the application of the specified criminal law norm by the bodies of inquiry and the court. The methodological basis of the study was a set of general scientific and special methods of comprehending objective socio-legal reality in the field under study: methods of analysis, synthesis, systematization and generalization, formal logical, statistical and sociological methods. In this paper, the issues of the application of criminal legislation concerning the punishment for evading administrative supervision are investigated. The article describes in detail the difficulties faced by the supervisory authorities when trying to detect grounds for criminal prosecution in the actions of the observed persons in accordance with this norm. An analysis of law enforcement practice related to issues of administrative supervision and responsibility for its evasion was also carried out. Special attention is paid to the qualification of evasion from administrative supervision as a crime with special prerequisites. The main conclusions of the study were the author's proposal to improve legislation, including making appropriate changes to the criminal law norm under consideration.

Keywords: prohibitions and restrictions, observation, court decision, non-compliance with restrictions, crime, conjugate, repeated, administrative offense, administrative prejudice, administrative supervision

Abstract: The subject of the study is the patterns of detection, fixation, preliminary research, the use of criminally significant information and means of processing it in order to identify, disclose, investigate and prevent crimes, as well as the creation of technical means, techniques, recommendations, automated information systems (AIS) optimizing the investigation and disclosure of crimes based on the knowledge of these patterns. The author examines in detail the issue of creating automated crime investigation techniques – a type of information decision support systems. Special attention is paid to the components (databases) of AIS and their content. The author comes to the conclusion that one of its components is the database "Targeting". The functioning of this component and the automated system as a whole should be based on the provisions and laws of forensic science. The methodological basis of the research is represented by the universal dialectical method of scientific cognition, general scientific methods of empirical and theoretical cognition, private scientific methods (formal logical, modeling), as well as special scientific methods (structural criminalistic, etc.). The main conclusions of the study are the definition of the main (basic) structural component of the automated crime investigation methodology - "Targeting". This database should include two blocks: 1) a block of circumstances to be established and proved during the investigation of crimes with the possibility of data entry by the investigator, which will allow specifying these circumstances, taking into account the investigation he is conducting; 2) a block providing the definition of goals in the investigation of non-obvious crimes. At the same time, the system of goals formed according to the crime under investigation is fixed in the AIS as a separate file, with the possibility for the investigator to access its contents and adjust the system of goals taking into account the progress of the investigation. This will make it possible to make a breakthrough in the creation of automated investigation techniques.

Keywords: information technology, automation, database, investigation methodology, version, logical consequence, goal setting, organizing an investigation, investigative situation, information system

Abstract: In order to carry out the tasks facing the criminal law, norms are provided in advance that have an encouraging character, but at the same time stimulate law-abiding behavior in the form of stopping preparations for committing a criminal act. Such an example is the institution of voluntary refusal to commit a crime and bring it to an end both alone and in complicity. At the same time, this category makes it possible to achieve one of the goals of criminal law – the prevention of crime, however, provided that the voluntary refusal becomes voluntary, timely and final. The subject of the presented research is the criminal law norms governing legal relations related to the voluntary refusal of complicity in a crime. The purpose of the study is to analyze the features of voluntary refusal to participate in a crime.The scientific research work analyzes the concept, signs and criminal law significance of voluntary refusal to commit a crime in complicity. The results show that group crimes, due to their prevalence, require a deeper study and development of theoretical foundations, legislative regulation and practical aspects for the correct legal assessment of such acts. The scope of the results is aimed at developing a separate legal norm devoted to the peculiarities of voluntary refusal. The scientific novelty of the study is expressed in the identification of special patterns and problematic aspects in the field of differentiation of voluntary refusal to commit a crime by the organizer, perpetrators and other accomplices.The conclusions emphasize the need to introduce a separate legal norm that will more effectively regulate the legal aspects of complicity, avoid mistakes in qualifying the voluntary refusal of accomplices from completing the crime, as well as ensure justice when bringing to justice participants in a group crime.

Keywords: criminal liability, accomplice, organizer, instigator, perpetrator, crime, corpus delicti, types of accomplices, complicity in a crime, voluntary refusal

Abstract: The subject of the study is a criminal law norm establishing criminal liability for evasion from serving a sentence and from the use of compulsory medical measures (Article 314 of the Criminal Code of the Russian Federation), the practice of sentencing for committing a crime regulated by Part 1 of Article 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify patterns of sentencing for evading the restriction of liberty imposed as an additional punishment, and on their basis to identify problems that arise when sentencing. The article analyzes judicial practice regarding the application of the provisions of Articles 69 and 70 of the Criminal Code of the Russian Federation when imposing punishment for committing a crime under Part 1 of Article 314 of the Criminal Code of the Russian Federation. The possibility of simultaneous execution of restriction of freedom, acting as an additional punishment and a suspended sentence, is being investigated. The research methodology is based on general scientific (logical, systematic, analysis, interpretation, generalization) and private scientific (specifically sociological, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying ambiguous judicial practice in cases involving evasion from serving a sentence in the form of restriction of liberty imposed as an additional punishment, based on which convicted persons undergo various consequences of criminal punishment for committing identical crimes. The necessity of attaching the unserved term of restriction of liberty (as an additional punishment) to the newly imposed punishment is justified. Recommendations are formulated to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2022 No. 20 "On certain issues of judicial practice in criminal cases of crimes against justice" regarding the inexpediency of simultaneous execution of restriction of liberty imposed as an additional punishment and conditional punishment.

Keywords: deprivation of liberty, court verdict, the totality of sentences, the totality of crimes, conditional sentence, evasion, court, restriction of freedom, punishment, convicted

Abstract: The author, based on the current legislation, clarifications of the Plenum of the Supreme Court of the Russian Federation, and special scientific literature, examines in detail some problematic issues that arise in law enforcement when establishing signs of the objective side of the crime provided for in Article 264.1 of the Criminal Code of the Russian Federation. An important aspect is the need for a differentiated approach to assessing the actions of drivers, which requires taking into account the specific circumstances of the case. The study of these problems can contribute to the formation of clearer judicial practice and reduce the number of errors in criminal prosecution under Article 264.1 of the Criminal Code of the Russian Federation. In addition, the formulated criteria for assessing the objective side of the crime in Article 264.1 of the Criminal Code of the Russian Federation should be adapted to modern legal practice and understood in the context of the general principles of criminal law. This will minimize the cases of bringing to justice persons whose actions do not contain signs of a crime provided for in this article. The methodological basis of this study consists of the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative legal, formal logical, formal legal, systemic. The article reveals the objective side of driving a vehicle in a state of intoxication by a person who has been subjected to administrative punishment or has a criminal record. It has been established that this crime can be committed only by action – driving a motor vehicle. According to the construction of the objective side, the corpus delicti provided for in Article 264.1 of the Criminal Code of the Russian Federation is formal, and therefore, the moment of the end of the crime is associated with the beginning of movement of a mechanical vehicle under the control of a driver who is intoxicated. In order to recognize the process of driving a vehicle as having taken place, it is necessary to establish circumstances indicating the direct impact of the driver on the controls, as a result of which the vehicle moves in space. The results of the conducted research have scientific value, since they represent a comprehensive analysis of the objective side of the crime provided for in Article 264. 1 of the Criminal Code of the Russian Federation through some criminal law and criminal procedure problems existing both in theory and in law enforcement.

Keywords: criminal record, administrative prejudice, state of intoxication, driving a vehicle, road safety, traffic crime, the objective side of the crime, the composition of the crime, crime, criminal law

Abstract: Currently, there is an increase in the number of norms in domestic criminal law that simultaneously link several objects of protection with norms of various industry affiliation. Thus, mixed illegality has become the subject of active discussion within the framework of criminal law. This problem affects a wide range of cross-sectoral issues and has significant theoretical and practical importance. The article deals with the problem of distinguishing in practice responsibility for the illegal use of means of individualization of goods (works, services) in domestic criminal legislation (Article 180 of the Criminal Code of the Russian Federation) and administrative legislation (Article 14.10 of the Administrative Code of the Russian Federation). The author considers the solution of the problem at two levels: general and special. At the general level, the problem is related to the difficulty of distinguishing crimes and administrative offenses in general, regardless of the type of specific illegal acts. At a special level, the problem is manifested by the example of specific types of illegal acts. The methodological basis of the article is the dialectical-materialistic method of cognition and general scientific and private research methods based on it (analysis, synthesis, logical-legal, comparative-legal, structural-functional, formal-legal methods). As a result of a comparative analysis of Articles 180 of the Criminal Code and Article 14.10 of the Administrative Code of the Russian Federation, the criteria for distinguishing these norms are established. In order to overcome the identified problem, the author believes it is possible to amend the Administrative Code of the Russian Federation in terms of settling liability for repeated commission of an administrative offense provided for in Article 14.10 of the Administrative Code of the Russian Federation. In addition, the possible normative consolidation of the criteria for the repetition of an illegal act and the duration of its action within the framework of an administrative prejudice will help to offset the difficulties encountered by a law enforcement officer in differentiating the composition of offenses and their correct qualification. The presented proposals are intended to help solve the problems that arise when distinguishing the composition of the considered offenses due to the coincidence of their features in criminal and administrative legislation.

Keywords: illegality, administrative prejudice, repeatability, criminal law, trademark, means of individualization, criteria of differentiation, administrative responsibility, criminal liability, public danger

Abstract: The subject of the study is the results of scientific research of a theoretical and applied nature, which are devoted to the disclosure and investigation of crimes related to the acquisition, storage and smuggling of timber, the search, fixation and analysis of digital traces, methods of working with computer information. Within the framework of the study, the author puts forward a hypothesis about digital criminalistically significant information that remains out of the field of view of preliminary investigation bodies and operational units, sets the task of finding the optimal method of working with digital traces in the disclosure and investigation of this category of crimes, substantiating the possibility of its use in this activity, identifying the specifics of digital traces that can be found on electronic media servers and other devices connected to the Internet. The methodological basis of this research is the general dialectical method of scientific cognition, methods of logical deduction, induction, cognitive methods and techniques of comparison, analysis, generalization, description, and the method of hypothesis. The scientific article considers open source intelligence (English OSINT, Open Source Intelligence) as a method of remote (remote) work with digital traces in the detection and investigation of crimes related to the acquisition, storage, sale and smuggling of timber, its advantages over forensic computer examinations are revealed. In addition, the author highlights the main stages of illegal timber export, based on the content of which the task of searching for digital traces is simplified, examples are given, and the main software tools that allow searching for such traces are listed. It is also concluded that it is advisable to conduct further more detailed scientific research and include the use of open source intelligence in the private forensic methodology for the disclosure and investigation of crimes of the studied category.

Keywords: operational-search activity, preliminary investigation authorities, digital traces, open sources of information, OSINT, smuggling of forest products, methodology for solving crimes, illegal timber trafficking, digital information, virtual traces

Abstract: The object of the study is crimes against road safety and the operation of transport, as well as the activities of the subject of the investigation aimed at fully establishing all the circumstances of a traffic crime. The subject of the study is the regularities of the situation and mechanism of this group of crimes and the regularities of the investigator's activities to establish them during the investigation. When forming conclusions, the author was guided by the analysis of the norms of the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, other laws regulating the investigation of this group of crimes, the theoretical foundations of criminalistics, materials of investigative and judicial practice, in addition, he used the results of a survey of 137 full-time employees of investigative bodies in the Krasnodar Territory who have practical experience in investigating crimes against road safety and operation transport. The author examines in detail the specifics of the investigator's establishment of the situation and mechanism of a traffic crime, with special attention paid to the issues of detecting and obtaining information about the incident recorded by technical means of objective control. The authors note that when investigating a crime against road safety and the operation of transport, a competent study by the investigator of the situation and the mechanism of the crime is a key component of his cognitive and certifying activities to establish the truth in a criminal case. The conducted research made it possible to identify certain shortcomings allowed during the detection, removal and fixation of traces, during the inspection of the road network, at the scene of the incident, the author also notes the low level of use of information technologies by investigators when establishing the mechanism of a traffic crime. The authors suggest ways to eliminate these shortcomings: in order to obtain objective data about the various circumstances of the accident, it is necessary to use more actively the information recorded by the technical means of objective control, to implement in investigative activities a program for computer modeling of the mechanism of an accident.

Keywords: video recorder, investigative action, hardware and software complex, modeling, trace pattern, crime environment, road network, crime mechanism, traffic crime, information technology

Abstract: The subject of the study is the professional work of the preliminary investigation bodies aimed at finding and forming an evidence base in the investigation of crimes related to drug trafficking. The object of the study is the social relations developing in the field of countering illicit drug trafficking. The statistical method of the study showed that the number of these crimes does not cease to grow. According to the data of the Ministry of Internal Affairs of the Russian Federation, in January 2023, an increase in registered crime was recorded by 1.1%, due to a certain extent to an increase in the registration of facts of the sale of narcotic drugs by 42.2%. Cybercrime rates increased by 14.2%. Drug sales using information and telecommunication technologies were increased by 85.1%. The authors focused on the establishment of circumstances that are subject to verification and evaluation in terms of the admissibility of evidence for a successful investigation of such crimes, studied methods of contactless drug sales, as well as preventive measures aimed at combating drug crime. The conducted research allowed us to come to the conclusion that the fight against illicit trafficking in narcotic drugs and psychotropic substances, regardless of the method of committing a crime (direct or contactless), should be carried out taking into account the entire complex of operational investigative, criminal procedural measures aimed at identifying and exposing drug traffickers by distributing "bookmarks". We will not allow a formal approach to finding and securing evidence for such crimes in order to ensure the effectiveness of criminal prosecution.

Keywords: preventive measures, fight against drug addiction, information and telecommunication network, criminal community, evidence, drug sales, cache, narcotic substances, contactless method, health of minors

Abstract: The subject of this study is the specifics of the investigation of crimes in which the victim was a minor. Taking into account the provisions of Russian legislation, political and legal documents, according to which children are the most important priority of state policy, in their study the authors tried to reveal the importance of a qualitative approach in the investigation of crimes in which the victims are representatives of one of the most vulnerable categories of the population in our state. Special attention is paid to the age and, as a consequence, the psychophysical and personal characteristics of minors as determinants of the latter's insecurity. At the same time, the features of modern post-industrial society characterized by the spread of the Internet space to the daily activities of minors have guided researchers in developing recommendations for preliminary investigation bodies related to the search, receipt and use of information distributed through the Internet network during the investigation. The main conclusions of the study are that the methodology of investigating crimes committed against minors is significantly different from other private methods of investigation by the elements of crimes, since its creation is based on the characteristics of the object of criminal encroachment. At the same time, age is a defining feature. In turn, the specifics of the methodological recommendations should proceed from the level of development of the information society, which makes it possible to use the features of digital relationships in the investigation of crimes, the victims of which are minors. The contribution of the authors to the study of the topic is not only the preparation of practice-oriented recommendations for investigators and inquirers (for example, on issues subject to mandatory clarification during the investigation, the need to study the identity of the injured minor through the analysis of publicly available information), but also the nomination of some proposals to improve the activities of prevention agencies and the measures they take (in particular, to identify minors who have a tendency to suicidal behavior through the joint development of monitoring programs for the activity of minors in the Internet space).

Keywords: suicidal behavior, social institutions, preliminary investigation bodies, personality of a minor, prevention, post-industrial society, psychological contact, methods of investigation, crimes, minors

Abstract: The subject of the study is the implementation of prosecutorial supervision of the procedural activities of the preliminary investigation bodies. The authors consider problematic issues related to the regulation of the timing of approval by the prosecutor and the head of the investigative body of petitions to initiate investigative actions before the court that require a court decision; as well as the need for the participation of the prosecutor, investigator, inquirer when the court considers relevant petitions based on the legal regulation of this issue by the Criminal Procedure Code of the Russian Federation and departmental regulations. Particular attention is paid by the authors to the question of the expediency of returning to the prosecutor the authority to give written instructions to the investigator on the conduct of investigative and other procedural actions. The main conclusions of the study are: the need to fix the deadline for approval by the prosecutor and the head of the investigative body to initiate a petition before the court for investigative actions requiring a court decision, fixing this provision by means of appropriate instructions in the departmental acts of these officials, or by amending Article 165 of the Criminal Procedure Code of the Russian Federation. In addition, the authors note the mandatory participation of the prosecutor and the investigator in the consideration of the relevant petitions by the court, allowing the possibility of performing such a duty through video conferencing. A special contribution is the theoretical and practical justification of the expediency of returning to the prosecutor the right to give written instructions to the investigator on the conduct of investigative and other procedural actions

Keywords: giving instructions, investigator, head of the investigative body, preliminary investigation bodies, court decision, procedural actions, investigative actions, rights and freedoms, criminal proceedings, prosecutor

Abstract: The search is one of the main investigative actions of the proof process. This is an investigative action aimed at compensating for the harm caused by the crime. The search is carried out forcibly and manifests itself in the examination of premises, terrain, transport and various persons. The purpose of this investigative action is the detection and seizure of objects, as well as people and corpses that are important for the investigation process. In order to conduct a search, it is necessary to have sufficient data on the possible presence in any place or person of objects related to the event of the crime or related to the investigation.    The lawful conduct of this investigative action is impossible without respect for constitutional human rights. But the study of forensic investigative practice shows that the investigative action in question does not receive sufficient attention in the investigation process and does not achieve the desired result. This is explained not only by the complexity of its implementation, but also by insufficient ideas of investigators about its importance, capabilities and procedure of production, which inevitably leads to formalism, passivity, unwillingness to use forensic recommendations and psychological techniques of search. This is partly due to the vagueness of legal regulations, as well as the lack of regulation of some important issues in the law. Thus, it is extremely important to consider problematic issues related to its preparation and conduct. The article reveals the significance of the stage of preparation for the search during the investigation, as well as the main measures aimed at its successful production.

Keywords: search, investigation, investigator, crime, criminal, policeman, consequence, police, Ministry of Internal Affairs, criminal case

Abstract: The article is devoted to the problem of legal definition of the concepts of close relatives, close persons and family members of a citizen. Inconsistencies between the norms of the Constitution of the Russian Federation and the norms of family legislation in relation to the criminal procedural category "close relatives", which ensures the provision of witness immunity in criminal proceedings. It discusses controversial issues about the circle of close relatives who have the right not to testify as witnesses. The essence of this socio-legal status is revealed, the circle of persons forming it is established, the positive and negative sides of the existing definitions and formulations of "close relatives" are considered.The scientific novelty lies, first of all, in the fact that in the presented article the norms of criminal procedure, civil and family law regulating relations of kinship, matrimony, as well as the procedure and problems of their application in criminal proceedings were considered. Paragraph 4 of Article 5 of the Criminal Procedure Code of the Russian Federation refers to spouses as close relatives, but Article 14 of the Family Code of the Russian Federation does not consider them as such. The analysis of family law allows us to conclude that kinship is possible only by "blood" (the exception is the institution of adoption). For this reason, spouses cannot be close relatives and they are in a marital relationship to each other. The proposals on amendments and additions to the Criminal Procedure Code of the Russian Federation are formulated, which will improve the domestic criminal procedure legislation within the framework of developing a unified approach to the content of the definition of "close relatives".

Keywords: family member, spouse, husband, cohabitation, family, family legal relations, witness immunity, presumption of innocence, marriage, close relatives

Abstract: One of the strategic guidelines for sustainable socio-economic development is the creation of favorable conditions for small and medium entrepreneurship. According to article 6 of the Federal Law “On the development of small and medium entrepreneurship in Russia” of July 24, 2007 #209, government policy in this sphere is a part of socio-economic policy, and includes political, economic, social, informational, legal, organizational, educational and other activities performed by Russia’s public and local authorities. The research subject is the mechanism of fraud connected with subsidy payments in the sphere of small and medium entrepreneurship, and the patterns of organizational and methodological support of the work of law enforcement agencies aimed at the detection, investigation and solution of such crimes. According to the above-mentioned law, the implementation of regional programs with financial support from the federal centre is meant to facilitate the achievement of these goals, since small and medium entrepreneurship has a prominent regional aspect, and is a strategic resource of spatial development. At the same time, in the last few years, the facts of illegal receipt of budgetary funds by business entities in the form of federal, regional and local subsidies have been registered more and more often. Law enforcement agencies failed to effectively detect and investigate these crimes, which can be explained by the lack of methodological support of their work and modern tools based on information technologies. The scientific novelty of the research is determined by its tasks, and consists in the substantiation of conclusions about the organic interrelation of the organization and methodology of investigation fraud-related crimes in the sphere of small and medium entrepreneurship, and the development of ways of their improvement.   

Keywords: payment, subsidy, criminal, crime, investigator, investigation, fraud, cheater, business, businessman

Abstract: The article analyzes the provisions of the criminal procedure legislation of the Russian Federation and other legislative acts in the field of criminal process, regulating the pool of participants of investigative activities organized in accordance with the ruling of the court, and the problems of absence of a procedural status of some persons. The author considers the issues of their participation and the procedure of them using their rights. The article reveals the problems of an insufficient regulation of the status of persons participating in such investigative activities as search of dwellings without the inhabitants’ consent at the stage of a criminal case initiation; search of dwelling, and seizure in dwelling at the stage of a pre-trial investigation. The author uses such methods as dialectical, general scientific method, formal-logical, and system-structural. The author substantiates the conclusion that it is not reasonable to extend the list of participants of the criminal process and include into the list all persons involved in investigative activities requiring the ruling of the court. The absence of a particular article for each particular person involved in investigative activities does not mean this person has no right to defend their rights and lawful interests in criminal proceedings. Based on the provisions of the Criminal Procedure Code of the Russian Federation and the resolutions of the Plenum of the Supreme Court of the Russian Federation, the author forms the list of fundamental rights and duties of a person without a status of a participant of criminal proceedings who is involved in investigative activities requiring the ruling of the court. The author suggests specifying a procedural status of a forensic investigator, formulates the definition of a lawful representative of a person the court decision about a compulsory treatment is being made on. The author suggests including the list of persons possessing a right to complain to the court, apart from a complainant, persons who turned themselves in and persons subject to the investigation upon a report of a crime, into one of the resolutions of the Plenum of the Supreme Court.

Keywords: procedural status, rights and obligations, specialist, home inspection, participants in criminal proceedings, investigative actions, criminal proceedings, legal representative, investigator, judgment

Abstract: The author gives special attention to the specificity of a circumstance in proof in criminal cases against minors who committed a socially-dangerous act being mentally disturbed or minors who suffered from mental disturbance after the crime. The author attempts at proving the conclusion about the independency of a circumstance in proof in this category of criminal cases. Besides, the author presents the set of circumstances subject to proving in the proceedings on compulsory measures of medical character. The article describes the term “other circumstances significant for a criminal case” and considers the significance of a special circumstance in proof in proceedings on compulsory measures of medical character. The author uses the dialectical method of cognition and the principles of unity of analysis and synthesis and comprehensiveness. The author formulates the set of circumstances subject to proving in the proceedings on criminal cases against minors suffering from mental disturbances, and states that these circumstances form a special independent circumstance in proof containing circumstances listed in articles 73, 421 and 434 of the Criminal Procedure Code of Russia.   

Keywords: other circumstances, proving, criminal process, criminal case, coercive measures, the circumstances, the subject of proof, immutability, minor, mental disorder

Abstract: The article is devoted to particular issues associated with the detention of the suspect. The object of the research is the law enforcement practice of the bodies of preliminary investigation and detention. The subject of the research is the provisions of Russia's and the Commonwealth of Independent Countries' states (Armenia's, the Azerbaijani Republic's, the Republic of Tajikistan's, Kyrgyz Republic's, the Republic of Moldova's) laws that give a definition and describe the nature of detention, the time of actual detention, calculation of the time of actual detention, and scientifically grounded positions of procedure law scientists on the matter. In her research Alontseva has used general and special research methods, in particular, structured systems analysis, comparison, generalisation, and logical law analysis. Based on the results of the research, the author suggests to make amendments to Articles 5 and 92 of the Criminal Procedure Code of the Russian Federation that set forth the period of detention and clarify the definition of the time of actual detention. The author comes to the conclusion that some aspects of the legal regulation of procedural issues of detention pursuant to criminal procedure legislation of CIS states can be used as the basis for further research. 

Keywords: restriction of freedom, procedural detention, time of actual detention, period of detention, measure of procedural coercion, detention, personal immunity, criminal procedure legislation, capture, the delivery of a

Abstract: The article is devoted to the areas of concern that be faced in the process of commissioning and conduction of contemporary legal enquiries as part of discovering contract killing in the Kyrgyz Republic. The authors of the article describe the main trends and prospects for developing fprensic equipment used to investigate contract killing in the CIS states in general. They demonstrate priority areas for forensic provision of case types including development and modernization of this aspect. In addition, the authors also touch upon expertise in the Kyrgyz Republic and outline the main factors that may create obstacles in the investigation process including investigation of contract killings. Moreover, the authors describe four groups of factors (of both subjective and objective nature) that relate to the implementation of forensic methods and means which use decreases the efficiency of counteracting to the aforesaid crime in the Kyrgyz Republic. Based on the analysis of the problems disccused in this article, the authors give recommendations including those of legal nature, in relation to new regulations of the Criminal Procedure Code of the Kyrgyz Republic (2017). Recommendations given by the authors will allow to solve a whole number of issues faced by expert organisations and bodies of inquiry and preliminary investigation. 

Keywords: a crime, personality, contract killings, facilities, methods, expert, expertise, expert service, pre-trial proceedings, investigation

Abstract:  The subject of the research is the inquiry as a form of preliminary investigation. In her research Zyrianova sets a goal to analyze theoretical and organization-practical issues that may arise in the process of comtemporary inquiry. The author focuses on the problems that are related to the activity performed by the head of the inquiry subdivision. Zyrianova describes several groups of problems. The author suggests that aforesaid problems should be solved by making changes and amendments to the criminal procedure laws. To prove her statement, the author provides a general description of the survey of public prosecution and statistical information officers. The author's point of view will be of interest to inquiry subdepartments officers. In her research the author has used such research methods as analysis, generalisation, comparision and statistical methods. The novelty of the research is caused by the fact that the author proves the need to change the timeline for respondign to the message about a crime being committed, the form of the court decision and procedure for confirmation of the final decisions made by the investigation officer. Moreover, the author of the article makes particular recommendations regarding changes that should be made in the the Russian Federation Code of Criminal Procedure.  

Keywords: inquiry, control, functions, legality, chief of inquiry, preliminary investigation, pre-investigation, police, powers, the indictment ruling

Abstract: The paper considers the topical problems of identification of persons non-Caucasian in race (Mongoloids, Negroid). The author formulates the conceptual approaches to identification with account of the specificity of appearance of various anthropological types, and offers the unique author’s methods to solve this problem correctly and effectively. The appearance of Mongoloid and Negroid types possess a unique set of features, which affect the process of identification (recognition). But the witnesses, belonging to other anthropological types, mention not the individual features, but the group features of the certain anthropological type. Therefore, in most cases the identification is “approximate” and “relative”, thus violating procedural legislation. The research subject is the correct and effective investigative activities. The research methodology is based on the dialectical method. The author applies general scientific and special methods of cognition. Among general scientific methods, the author uses the system-structural, comparative, formal-logical, statistical and sociological methods. The scientific novelty consists in the fact that the problems of identification of persons with Mongoloid and Negroid features of appearance haven’t been studied so far, and require a complex theoretical analysis. Internal affairs agencies perform the set of tasks of searching and identifying criminals, but the methods and methodologies have been focusing on the Caucasian features and ignoring any other types (Mongoloid, Negroid). 

Keywords: organization of activity, policing, investigative activities, verbal description, identification, appearance of a person, anthropological approach, subjective description, investigator, criminalistic activity

Abstract: The research subject is the range of legal and procedural problems of choosing a measure of restriction in criminal proceedings. The author analyzes the process of choosing a measure of restriction from the position of defense. The topicality of the problem is conditioned by the practice of consideration of petitions, initiated by investigative agencies, for choosing or renewal of a measure of restriction against the accused or the suspect. It seems that this process often violates the provisions of the Constitution of the Russian Federation and the rules, established by the criminal procedural law, which order to exercise the court procedure on the base of equity and the adversarial nature of the proceedings. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (formal-logical) and special sociological methods (statistical, expert assessments, etc.). The author attempts at analyzing the parity of the parties to the court proceedings in choosing (renewal) of a measure of restriction. The analysis is based on the logical, empirical, formal-legal, formal-abstract and other methods of scientific cognition. In the author’s opinion, his conclusions are necessary for the further study of the mentioned issue, and the suggestions are sufficient enough to amend the regulations of the criminal procedural law thus promoting trust in the judicial power. 

Keywords: renewal, choosing, petition, measure, process, restriction, advocate, prosecutor, investigator, court

Abstract: The research subject covers the patterns of the accused persons involvement in cooperation using a plea deal in the context of one of criminalistic categories – a tactical operation. A tactical operation is aimed not only at solving the tasks of identifying the circumstances serving as evidences in criminal cases of various categories, but also at reaching a compromise with the defense and involving the accused in cooperation using a plea deal. The research object comprises social relations appearing in the process of investigating and solving cases, including those appearing between the investigator and the accused and other persons involved in a tactical operation. The author applies the set of general scientific and specific methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction, and other research methods. The novelty of the study lies in the attempt to solve the problems connected with the formation of the system of a complex tactical provision of investigator’s activity aimed at a more rational use of the provisions about a special procedure of a plea deal establishing during criminal investigations. The author analyzes the tactical operations doctrine and outlines the structure and the content of the considered tactical operation. 

Keywords: interaction, tactics, planning, tactical and forensic provision, accused, investigator, plea deal, tactical operation, preliminary investigation, involving in cooperation

Abstract: The research subject is the legal regime of initiation of a criminal case on the base of the materials of operational investigations. The paper analyzes the provisions of the existing criminal legislation and the legislation regulating operational investigations of law enforcement agencies. The research object is the range of social relations appearing on the stage of initiation of a criminal case when analyzing the reason for initiating a preliminary investigation on the base of the data acquired in the result of operational investigations. Special attention is paid to the concept of such a reason for initiation of a criminal case as a report of an official about the elements of crime. The author applies the set of general scientific and special methods of cognition including the normative-logical method, the system method, analysis, synthesis, deduction, induction and other research methods. The novelty of the study consists in the proposals about the development of forms and methods of legal regulation of the mechanism of initiation of a criminal case on the base of the materials of operational investigations. The author concludes that the procedural peculiarities of initiation of a criminal case on the base of operational investigation results are connected with collecting various operational documents (reports, certificates, acts, copies of official documents, and other materials reflecting criminal activity of the persons under investigation) using scientific and technological instruments.  The persons involved in these documents collecting can be later interrogated as the witnesses in a criminal case. It will increase the validity of the collected evidential base and guarantee the operational information transformation into evidences and their use in criminal proceedings. The author declares the necessity to develop legal regulation of use of the materials, collected during investigational operations, in criminal proceedings.   

Keywords: initiation of a criminal case, operational search activity, operational investigations, reason, ground, elements of crime, preliminary investigation, pre-investigation check, operative documenting, evidential base

Abstract: The research subject is the range of legal and procedural problems of implementing a short-form pre-trial procedure. The author analyzes a short-form pre-trial procedure. The topicality of this issue is conditioned by the practice of implementing a short-term pre-trial procedure. The author supposes that this process violates the provisions of the Constitution of the Russian Federation and the Criminal Procedural Code. A short-form pre-trial procedure is provided by the regulations of the criminal procedural law prescribing to execute legal proceedings on the base of the principle of equality and competitiveness. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to improve the procedural provision of pre-trial restrictions. The author attempts to analyze the parity of sides in the process of considering the petition for the preventive measure. The analysis is based on the logical, empirical, technical, formal-abstract and other methods of scientific cognition. The author formulates the conclusions which are necessary for the further study of this issue. The author’s suggestions are suitable for amending the provisions of the criminal procedural law regulating this form of relations, thus promoting the formation of confidence in the institution of a short-form pre-trial procedure. 

Keywords: forma, protsess, dosudebnaya, kolliziya, UPK, zakon, prestuplenie, sud, sudoproizvodstvo, pravo

Abstract: The article focuses on the problems of legal regulation of the parties’ statuses in the procedural relations. The importance of this topic is conditioned by the legislative rights of the state prosecution and the defense to present their opinions to the court on the stage of pleadings about the application of the criminal law and infliction of punishment. The main conclusion of the article says that the abovementioned legal specificity is supposed to have an ambiguous legal regulation and, consequently, is unequally considered by the court when deciding on the case. This circumstance predetermines the search for the solution of the problem of the parties’ equality during the proceedings and the priority of one of the opinions for the court. The methodology of the research is based on the recent achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods applied in special sociological research (the statistical method, expert assessments, etc.). The main conclusion of the article says that there is still much to be done for the provision of law and order in criminal procedure. The main conclusion of the author is the declaration of the necessity of the parties’ procedural equality development in criminal proceedings. The novelty of the research lies in the proposals about the development of procedural criminal legislation in the sphere of the provision of procedural equality of parties in the stage of pleadings.

Keywords: public prosecution, court, police, duty, party, equality, lawyer, coercion, process, stage

Abstract: The subject of the article includes the problems of civil action realization in criminal procedure. The object of the article includes the social relations appearing in the process of combination of criminal and civil procedures. The urgency of the issue consists in the ambiguity of legal practice, complicated by civil action in criminal procedure, which is rich in legislative gaps of combination of criminal and civil procedures in the sphere of protection of defendants' rights from claims. The author pays special attention to the fact that in practice the questions arise about the impact of civil claim in criminal proceedings on court decision in determining the punishment in case of conviction of a crime constituting the basis for the complaint.The methodology of the research is based on the modern achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (the formal-logical method), and the methods used in the sociological research (statistics, expert opinions, etc.).The author makes an attempt to provide the suggestions about the enhancement of procedural legislation in the sphere of civil action in criminal procedure by means of the logical and the empirical methods. The author comes to the conclusion about the necessity to abolish civil action in criminal proceedings.

Keywords: practice, action, procedure, citizen, legal procedure, protection, guarding, enforcement, judicial, court

Abstract: It is noted in the article that qualification of a crime is establishing correspondence between the elements of crime committed and the elements of certain crime established by the relevant article of the Criminal Code of the Russian Federation. Being a constituent element of the activities of competent officials, and in some cases, the judges, on application of criminal law, qualification is a thinking process of the official, including comparison of elements of an act committed and the elements within a certain crime established by law. Based upon the above, the author makes a conclusion that the result of this comparison is legal evaluation of the act committed. Based upon this methodological basis, the author forms the object of studies regarding multiple crimes. The methodological basis for the article was formed with the modern achievements of the cognition theory. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). It is established in the article that a number of issues regarding qualification of multiple crimes concerns evaluation of criminal activity of a guilty person as process developing in time and space. That is why resolution of the problem is not directly provided for by the law, however, it follows from the existing practice of its application. Two situations are possible here, both theoretically and practically.

Keywords: crime, punishment, qualifi cation, multiplicity, sanction, criminal, law, judge, court, problem.

Abstract: fraud in the sphere of insurance is one of the most topical and serious issues in the present day economics of Russia. The article looks at the notion of the insurance fraud, its character and types, means and methods of its cease. Case studies of some forms of this kind of a fraud in the period since 2009 till 2010 are illustrated in the article.

Keywords: offence, insurance, control, economics, problem, counteraction, policyholder, forms, methods, risk.

Abstract: the work represents a review of the issues related to the fundamentals of investigation procedure and of other actions during the preliminary procedure on a criminal case.

Keywords: criminal procedure, investigation activities, preliminary investigation, means of evidence collection, evidence, inquiry.

Abstract: cooperation of the journalists with the bodies of preliminary investigation in securing classified information protected by state or otherwise is one of the main aspects worth attention. This work represents an analysis of the issue about the protection of data of confidential character which is used by the bodies of preliminary investigation in cooperation with mass media. The author summarizes that the journalist who has been informed about some facts protected by the law must specify which information and in which volume they can disclose without threatening the interests of the investigation.

Keywords: classified information, mass media, criminal procedure, interaction, investigator, bodies of preliminary investigation, securing, protected by Law classified information.

Abstract: the article describes issues of criminal proceedings to be instituted against a person engaged in illegal extraction of precious metals. The present article gives an analysis of the issues of classification of the reviewed cases according to the constituent elements of the offence prescribed by Article 171 of the Penal Code – illegal enterprise. Summarizing the article, the author advises to introduce a regulation into the Penal Code which will assign responsibility for illegal extraction of precious metals.

Keywords: precious metal, enterprise, mineral resources, income, extraction, gold, mining, regulations, qualification, responsibility.

Abstract: the article describes gap of the principle realization of presumption of innocence in criminal proceedings, explains the essence of the above mentioned principle and its normative securing, points out the social significance of the principle of presumption of innocence in the mechanism of defense of the rights of the suspect or defendant.

Keywords: presumption, police, defense, security, guiltlessness, procedure, International Law, person, declaration, law, guilt, legal proceedings, defendant, suspect