Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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Name

Meretukov Gaysa Mosovich

Scholastic degree


Academic rank

professor

Honorary rank

Organization, job position

Kuban State Agrarian University
   

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Articles count: 19

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137 kb

CONTENTS OF THE MAIN ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF FRAUD

abstract 1141510005 issue 114 pp. 66 – 75 30.12.2015 ru 883
The article “Contents of the main elements of the criminalistic characteristic of fraud” written by the group of authors is of great importance today as the new points of the Federal Act №207 of the Criminal Code of Russia which provide for the criminal proceedings for fraud in lending; while getting payments; while using bank cards; in business sphere; in the sphere of insurance, introduced on November 29, 2012, still need to be developed and lack the methods of the investigation of such crimes. Consequently, the methods of preparation, committing and concealing of a crime, track formation mechanism are not determined and analyzed upon the materials of the forensic and investigative activities. The authors of the article have attempted to study the cases of the mentioned crime types and determine the ways of preparation, committing and concealing of a crime and track formation mechanism of the above-mentioned types of crime
177 kb

COUNTERACTION TO INVESTIGATION IN COURT AND MEASURES FOR ITS SUR-MOUNTING IN DIFFERENT COURT CIR-CUMSTANCES

abstract 0661102043 issue 66 pp. 501 – 518 28.02.2011 ru 1623
There are quite few scientific researches covering the problems of organizing and tactics of investigation in court procedure, which meet the requirements of the Procedural Criminal Law of the Russian Federation in the legal literature. The studies of the ways of sur-mounting counteraction in court hardly exist. There-fore, the authors consider the matters of counteraction in the course of investigation in court paying attention to the existing theory and practice of counteraction in the criminal court procedure. They have developed some scientific recommendations upon the measures for surmounting counteraction to investigation in court in various circumstances
171 kb

CRIME PREVENTION IN A PARTICULAR CRIMINAL CASE ABOUT DRUG TRAFFICKING

abstract 1281704057 issue 128 pp. 836 – 853 28.04.2017 ru 386
In the article the authors analyze the state of crime prevention in special legal literature, with analyses certain provisions of the criminal procedure code of Russia, allowing carrying out the preventive activities of the investigator during the investigation of criminal cases. In particular, the authors discuss the actual activities of the investigator in relation to the investigation of illicit trafficking in drugs. In the scientific article we have taken into account the views of famous scientists: R. S. Belkin, S. A. Solunskogo, A. N. Kolesnichenko, I. A. Vozgrin, I. I. Ivanov and others
148 kb

CRIMINAL PROCESS AND OPERATIONAL AND INVESTIGATIVE ACTIVITY

abstract 1151601063 issue 115 pp. 1009 – 1022 27.01.2016 ru 394
The authors of the article examine the relationship between the criminal process and investigative activity taking into consideration the requirements of the Criminal Procedure Law and the Law on Investigative Activities in the Russian Federation. Such important issues as main tasks and principles of the criminal process and investigative activity are considered in the article. The authors analyze interrelations of some investigative actions and operational search as well as the order of introduction and usage of the results of the investigative activities at the stage of criminal case initializing and in the course of investigative activities. The authors also pay attention to the data which must be submitted in the report or memorandum on the prepared or being committed crime giving grounds for criminal case initializing
184 kb

CURRENT ISSUES IN THE RESEARCH OF COLD STEEL ARMS AND THROWING WEAPONS AND THEIR TRACES

abstract 1191605089 issue 119 pp. 1318 – 1336 31.05.2016 ru 183
The authors of the article point out that the research of cold steel arms and their traces has been considered in detail in the studies of different criminologists. Unfortunately, many scientists, examining cold steel arms as the item of expertise, mainly paid attention to the knives, swords, daggers, etc., but few researchers considered crossbows as cold steel weapon. In accordance with part. 4 Art. 223 of the Criminal Code of Russia for illegal manufacture, alteration or repair of throwing weapons, as well as the illegal sale of throwing weapons (Art. 4, Art. 222 of the Criminal Code), criminal liability is stipulated. Thus, the authors agree with the opinions expressed in the literature according to which attention should be paid to the fuzzy wording of p. 4 Art. 222 of the Criminal Code and p. 4 Art. 223 of the Criminal Code of the Russian Federation: "Cold steel weapons, including throwing weapons". Throwing weapons are not included in the number of cold steel arms; it is an independent type of weapon that is different from the cold steel by its technical characteristics. The common feature of cold steel arms and throwing weapons is striking of a target due to the muscle power of a man. The main difference is that there is no projectile with directional movement in cold steel arms and striking occurs due to the direct contact with the object. The definitions of these types of weapons are contained in the Federal Act "About Weapons"
139 kb

EXECUTION OF SEARCH WITH ADVOCATE PARTICIPATION

abstract 0701106045 issue 70 pp. 633 – 642 30.06.2011 ru 1524
In accordance with clause 53 of the Criminal Code of the Russian Federation, an advocate is entitled to take part in any investigative actions where his client is involved. But this right is not always used; actually, none of the advocates would confess that avoiding such events is a way to save time, and when being asked he (she) points out another reason – investigators don’t announce the forthcoming events beforehand
130 kb

FORENSIC INVESTIGATOR: HIS PROCEDURAL STATUS AND FUNCTIONS

abstract 1091505046 issue 109 pp. 734 – 743 29.05.2015 ru 3695
The article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes
180 kb

LEGAL BASIS FOR SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES

abstract 1171603013 issue 117 pp. 237 – 253 31.03.2016 ru 440
The authors of the article consider legal organizational and tactical issues of operational investigative activities in the course of search. The authors compare some items and norms of Russian Constitution, Criminal Law, Criminal Procedure Law, Federal Laws governing the operational-search activity, in particular search activity, some sources of information, such as confidential. In particular, the authors examine the legal basis of the internal affairs agencies in the fight against crime as a science-based system of legal norms contained in the laws and bylaws that create the legal preconditions, as well as the conditions and procedure for carrying out operative search actions, either directly regulating the legal organizational and tactical questions of application of operational investigative forces, means, methods and forms in the fight against crime. Thus, the authors believe that the search activities of the units engaged in operational investigative activities of the police, as an organizational and tactical form (or part of) the operational-search activity of law enforcement bodies as a whole, it has a single legal framework that operational search activity in general
131 kb

LEGAL BASIS FOR THE USE OF TECHNICAL MEANS IN INVESTIGATION OF CRIMES: CRIMINAL PROCEDURAL AND CRIMINALISTIC ASPECTS

abstract 1321708104 issue 132 pp. 1301 – 1309 31.10.2017 ru 132
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
206 kb

LEGAL ENVIRONMENT AND TYPES OF LEGAL DECISIONS IN THE COURT OF ORIGINAL JURISDICTION IN RUSSIAN CRIMINAL PROCEDURE

abstract 0761202059 issue 76 pp. 714 – 739 29.02.2012 ru 1147
Criminal case proceedings involve certain procedural activities and making specific decisions based on the results of these activities. According to the Criminal Procedure Code of the Russian Federation, procedural decision is defined as the decision made by a court, a public prosecutor, an investigator in the terms provided in the Code. However, there are some contradictions within the norms of the Code, which influence fair decision-making. These problems and some other issues are considered by the author in the article
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