Scientific Journal of KubSAU

The article deals with the problems related to the modern concept, content, classification and criminalistic supporting of an investigation and operational group. The author has analyzed scientific and technical literature, materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the modern concept, content, classification and criminalistic supporting of an investigation and operational group. Thus, criminalistic supporting of detecting, exposure and investigation of crimes by an investigation and operational group is a system of integrated application of legal and criminalistic knowledge aimed to provide the usage of the most meaningful and practical approaches and techniques, means of specific knowledge, organizational and administrative as well as strategic and procedural recommendations. This system ensures the best arrangements for the establishment of truth with regard to a criminal case by carrying out a set of investigation activities, operational and search activities and organizational measures within the norms determined by the Criminal Code of the Russian Federation and the regulations of law-enforcement authorities

The author has analyzed scientific and technical literature, plus materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed changes and additions to the content of the article 163 of Criminal Procedure Code. The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the items and norms of the criminal procedural law governing the activities of the detective, the head of the investigative body, the head of the investigation team, the investigator, the chief of the inquiry body, the body of inquiry unit and the head of the group of investigators. However, the article 163 of Criminal Procedure Code provides for organizational and administrative activity of the head of the investigative body in terms of decision-making on the establishment of the investigation team, in determining the psychologically compatible, pushing and experienced investigators, members of the investigation team, as well as the approving of the head of the investigative group. Moreover, according to the p. 3 of part 1 of the art. 39 of the Russian Criminal Procedure Code, a head of the investigative body has the right to give instructions about the direction of the investigation and certain investigative actions

The author has analyzed scientific and technical literature, materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed definitions of an investigative team and an investigation group and the matters related to the investigation planning (strategic plan, an additional plan, the investigation plan as a whole in the case and during specific investigative actions and operationalsearch activities). The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the effectiveness of the investigation and the investigative teams and the work of their managers to develop effective, strategic, shared, refined, additional plans for specific investigative actions and operational-search measures. The author also offers and considers it expedient to establish the investigative team as a procedural form of interaction in the production of the preliminary investigation, as well as the group of the operational support of the investigative team, i. e., operational investigation group as a non-procedural form of the activities for the detection and investigation of non-obvious, serious and very serious crimes. Thus, for the development and the effective operation on the detection and the investigation of non-obvious, serious and very serious crimes, multi episode, complex cases with the socio-political impact, the investigative team and the operational investigation group should be combined into a single structure

The article deals with the issues related to the organizational and legal aspects of investigative group formation. The author has analyzed scientific and technical literature, materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed changes and additions to the content of the article 163 of Criminal Procedure Code. The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the performance of the investigative and the operational and investigative teams and the work of their leaders, to consider the establishment of investigative and operational investigative groups in criminal cases, which are of great public and political importance and are under control of inter-agency working groups on combating organized forms of criminal activities. According to the author, it is necessary to raise the level of responsibility of the leaders of the investigative and operational investigative groups, which are aimed on the investigation of crimes committed by an organized group, gang or a criminal association, as well as by persons, classified as representatives of the organized crime. Together with the management of bodies engaged in operational investigative activities, a uniform algorithm for the establishment and functioning of investigative and operational investigative groups should be worked out and introduced to the junior agencies staff and subordinate units

As a result of the analysis of scientific and special literature, and summarizing the forensic investigative and operational practices and the views of experts from the investigative team, the author came to the conclusion that the activities of the head of an investigative body and inquiry agency should include a mechanism of control over the execution of organizational and other activities planned for the interaction system. Therefore, an analytical and methodical organizational headquarters to manage the interaction within the investigative team should be used. The author also believes that it’s necessary to provide the interaction between the staff of the preliminary investigation and inquiry, as well as officials carrying out the operational searching activity during the whole period of the investigative team activities. The forms of interaction should be presented as a set of cooperative and agreed criminal procedure and organizational and administrative actions of the investigator, the head of the investigative team and the inquiry agency, on the basis of operational or operational and tactical availability in conjunction with the methods of operational and investigative activities and proceedings in compliance with the principles of criminal procedure law and the Federal law "On the OSA" for the purpose of direct execution of the criminal procedure legislation and the solution of tasks of the operational searching activities

After analyzing scientific papers on the topic of many scholars, the author focuses on the situational approach as a major factor of the organizational aspects of the investigation planning by an investigative team in cases of multi episode complex collective crimes. It has been suggested that the planning and organization of the investigation is preceded by the predictive assessment of the investigation situation, determination of the pattern of a detective’s actions and programming and simulation of the investigation process. All processes require the implementation of organizational and administrative activity of the head of the investigative team. However, the initial investigation planning for one or more crimes is reduced only to a description of the investigative situations, to the presentation of a list of investigative actions and operational searching activities without the agreed plan and appointment of the participants in such activities. Consequently, the situational approach in planning can minimize errors during investigative activities and optimize the work of the investigative team dealing with the multi episode crime particularly complex in terms of investigative and procedural actions and operational and searching activities