Name
Meretukov Gaysa Mosovich
Scholastic degree
•
Academic rank
professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
Articles count: 19
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
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
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
This scientific article is devoted to the issues concerning the use of the materials of operative-search activity in the investigation
In this scientific article the author analyzes the opinions of various scholars-criminalists, and the subject of criminalistics. The author of the article came to the conclusion that you need to save the theoretical definition of the object and the subject of criminalistics, proposed by R.S. Belkin. However, the author offers his opinion about necessity of carrying out of scientifically-practical conference with the international participation, devoted to the problem investigated in the article, and also offers the main directions for development of the science of criminology
In this scientific article, the authors examine the problematic questions of the essence and nature, as well as the types of errors in investigations made at the pre-trial criminal proceedings. They analyze the most significant scientific works devoted to the criminalist situations written by such authors as A.N. Kolesnichenko, V.K. Gavlo, E.G. Yablokova, I.E. Volchetskaya, R.S. Belkina, I.F. Gerasimov, V.A. Obraztsov and others. On the basis of different scientific views and forensic practices the authors determine the classification of errors in investigations, conduct typing errors in investigations, and give the typing of investigatory situations
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
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
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
The authors of the article analyze the nature and
significance of the search activities of the units engaged
in operational investigative activities. They consider
operational investigative activities as a complex system
of operational investigative actions including their
different types according to their subject and goals, the
problems solved and functional peculiarities as well as
the observing (limiting) the rights and freedom of the
participants of the activities. Depending on the specific
tasks an important part of the system of search operations
comprise those which provide detection, prevention and
investigation of crimes, detection of wanted persons and
objects of criminal assault, as well as operational support
of state coercion, appointed by court order . In the theory
of operational and investigative activities, they are
referred to as "reconnaissance actions", and they reveal
the essence of this type in general and search activity
(operational research) in particular. Thus, the authors
share the view expressed in the literature, according to
which the system of reconnaissance and search
operations carried out mainly behind the scenes and
using a particular service, means, methods and forms, is
the essence of operational and investigative activities