Scientific Journal of KubSAU

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

ORGANIZATIONAL AND TACTICAL ASPECTS OF INTERACTION WITHIN AN INVESTIGATIVE TEAM IN THE COURSE OF DETECTION AND INVESTIGATION OF MULTI EPISODE COMPLEX COLLECTIVE CRIMES

abstract 1271703003 issue 127 pp. 79 – 112 31.03.2017 ru 35
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
122 kb

QUESTIONING WITNESSES IN CASES OF CRIMES AGAINST FAMILY AND MINORS

abstract 1271703040 issue 127 pp. 595 – 603 31.03.2017 ru 43
The article describes some main scientific and practical recommendations of the group methodology of the investigation by questioning witnesses in cases of crimes against family and minors
302 kb

SITUATIONAL APPROACH AS A MAJOR FACTOR OF THE ORGANIZATIONAL ASPECTS OF INVESTIGATION PLANNING BY AN INVESTIGATIVE TEAM IN CASES OF MULTI EPISODE COMPLEX COLLECTIVE CRIMES

abstract 1261702032 issue 126 pp. 434 – 470 28.02.2017 ru 41
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
141 kb

PREPARATION OF A PROSECUTOR TO THE REALIZATION OF FUNCTIONS OF ESTABLISHMENT OF OBJECTIVE TRUTH IN A CRIMINAL CASE

abstract 1251701027 issue 125 pp. 397 – 407 31.01.2017 ru 124
At present time, the authors consider the urgent problem on preparation of a prosecutor to the realization of criminal-procedural function of establishment of objective truth in a criminal case for law enforcement practice. The conclusion on realization of the present function by a prosecutor is substantiated on the basis of directives of a general prosecutor of the RF, a prosecutor of Krasnodar region, the conducted poll of present employers of bodies of a public prosecutor's office of the RF, opinions of scientists in the sphere of process, authors’ own arguments and practical recommendations on preparation of its execution are given. The complex analysis of criminal-process authorities of a prosecutor allowing it to achieve the effective establishment of objective truth in a criminal case is carried out
139 kb

CIRCUMSTANCES AFFECTING THE TIMING AND QUALITY CONSIDERATION OF CRIMINAL CASES IN THE COURTS OF APPEAL

abstract 1251701045 issue 125 pp. 680 – 688 31.01.2017 ru 115
In the present article the analysis of essence of system of the appeal, check and revision of judgments is carried out; the state is defined the condition of this system and its functioning on the basis of current trends of development of the acting criminal procedure legislation, practice of its application is defined; the circumstances and collisions influencing terms and quality of consideration of criminal cases in courts of appeal instance come to light and also recommendations and suggestions for improvement of work of the courts of the court of appeal are formulated
110 kb

ABOUT FORMATION OF THE SUBJECT OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1251701052 issue 125 pp. 782 – 789 31.01.2017 ru 131
The article describes the main theoretical principles of the concept and content of the investigation of crimes against family and minors. The factors defining character of an investigative situation of an initial stage of investigation are stated, there is a definition of a subject of investigation and its content in investigation of the studied crimes
126 kb

SOURCES OF INTERNATIONAL LAW AND THEIR FEATURES

abstract 1241610010 issue 124 pp. 201 – 209 30.12.2016 ru 126
This article is devoted to the study of the essential features and properties of the sources of international law from the standpoint of the general theory of law. The author reveals the factors that influence the process of law-international, draws attention to the specific features of the subjects of international lawmaking, especially, how to create the right sources, analyzes the problem of correlation between sources of international law and national sources of law
186 kb

LEGAL ASPECTS OF PSYCHOPHYSIOLOGICAL STUDIES USING POLYGRAPH IN ANTICORRUPTION POLICY OF THE RUSSIAN FEDERATION

abstract 1241610070 issue 124 pp. 1085 – 1104 30.12.2016 ru 63
The article defines the acts of corruption as a factor affecting the external security of the country, given the scope of public relations, which are affected by corruption. We have displayed historical overview of corruption. On the example of the recent political events in the world, the article shows a destructive impact of corruption on the constitutional arrangement of a number of near countries and far abroad. The work defines the effective role of the psycho-physiological study of polygraph in detecting accuracy of information in the fight against corruption in the Russian Federation. The use of polygraph to improve anti-corruption policy of the state opens up new possibilities in the fight with the worldwide scourge of corruption. The work gives basic preventive function to psychophysiological research on polygraph in the organizations fighting against corruption in Russia. The article analyzes the draft law "On the application of the polygraph in the Russian Federation", which is currently being introduced in the State Duma. Based on the study of the projected rate, we have made conclusions about the need for research on a polygraph in detecting corruption risks in the case of appointments of civil servants from the activity of which depends on security and international prestige of the Russian Federation
196 kb

CORRUPTION AS A STATE SECURITY THREAT

abstract 1241610071 issue 124 pp. 1105 – 1122 30.12.2016 ru 79
The article deals with the historical causes and conditions of corruption in Russia and some foreign countries. The concept of corruption in terms of the current legislation is briefly studied with the aim of proposing legislative initiatives in future to expand the definition of concepts: corrupt behavior; corruption; corruption offense and a crime. The work outlines the key features of act of corruption, its devastating impact on the sovereignty and security of the state. Particular attention is paid to the spiritual and moral component of occurrence of corrupt behavior in society, as well as its impact on social, political and economic development of the state. The study determines the destructive force of corruption as a factor of destabilization of the economic and political life of the society and the country, as well as the impact of this effect on the international credibility and external security of the state. In the article on the example of the political events taking place in the countries of near and far abroad, it is stated that corruption is the main cause of internal and external wars. The article identifies proposals for the improvement of the current anticorruption laws of the Russian Federation, taking into account the basic principles of the rule of law, in order to prevent internal and external destabilization in the country, as well as to strengthen security and the international prestige of the state
144 kb

DEVELOPING OF INVESTIGATION PROCEDURES AT THE INITIAL STAGE OF THE INVESTIGATION OF EXTORTION

abstract 1231609065 issue 123 pp. 930 – 942 30.11.2016 ru 100
The article deals with the complex and important problem related to the investigation of extortion. From a legal point of view, extortion is the demand of a transfer of someone’s property, rights to the property or some other actions connected with the property, which is accompanied by various threats of violence, destruction of property or spreading of information defaming the victim or his relatives. Extortion refers to latent crimes. Investigation of extortion is complicated because of the high level of professionalism and thorough preparation of the accused. The number of criminal groups using extortion as the main source of their income is increasing. To select the best way of obtaining information concerning past events, an investigator develops crime investigation procedure. The article analyzes the concepts of "investigation procedure" and "programming", the stages of the criminalistic routine development are pointed out. Dealing with extortion classification of preliminary investigation procedures is an important condition for their development, which allows to distinguish homogeneous groups and to develop criminalistic routine. Based on the typical investigative situations at the initial stage of investigation of extortion we have proposed some investigation procedures. The set of all procedural actions and recommendations that need to be implemented in the course of the investigation, forms investigation program
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