Scientific Journal of KubSAU

This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues

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

The authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator

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

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"

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

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

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 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 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