Scientific Journal of KubSAU

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

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

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

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 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

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

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 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 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