Scientific Journal of KubSAU

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

FORMATION AND THE DEVELOPMENT OF THE INSTITUTE OF CRIMINAL COMPLAINT IN THE RUSSIAN AND FOREIGN CRIMINAL PROCESS

abstract 1331709023 issue 133 pp. 275 – 287 30.11.2017 ru 240
This article examines the formation and development of Institute of a criminal case in the Russian and foreign criminal proceedings. There was a difference between the formation and development of the institution stage of a criminal case in Russia and in foreign countries. There is an emphasis on substantive legislation, which is the formation and development of the institution of criminal proceedings in Russia, England, USA, Germany and France
130 kb

COMPLEX USE OF THE RECORDS FOR IDENTIFICATION OF A PERSON

abstract 1331709046 issue 133 pp. 601 – 611 30.11.2017 ru 115
In the article, the authors point out that the investigator plays a key role in the criminal investigation process, he independently directs the criminal investigation, takes decisions on the case, collects, verifies and evaluates the evidence. While performing his functions he is actively assisted by the staff of expert criminalistic units. However, in practice, not all investigators take full advantage of the opportunities provided by these units. It is quite true concerning the forensic records, the possibilities of which are extremely poorly used in the investigation of crimes. At the same time, the authors emphasize that modern forensic records also face a lot of problems, the solution of which he sees in their complex use in the identification process of a person. This problem can be solved if the following conditions are met: integration, unification, automation of forensic records (database of surname cards with appearance descriptions) and improvement of the legal regulation of the activities of the entities that keep and use these records
134 kb

ENFORCEMENT OF THE RIGHTS OF THE MINORITY OF ACCUSED ATTENDING THE MATERIALS OF THE CRIMINAL CASE

abstract 1331709062 issue 133 pp. 812 – 822 30.11.2017 ru 210
The article explores the problems, acquaintance with the materials of the criminal case of a minor accused in the aspect of ensuring his rights as a defender and legal representative. With a view to the proper legal regulation of this procedure, it is proposed to establish a procedure for the joint familiarization with the criminal case file of counsel and the legal representative of a minor accused in the norms of the Code of Criminal Procedure, as well as the procedure for compulsory participation of a legal representative of a juvenile accused while acquainting himself with all materials of the criminal case
170 kb

PLUNDER OF REAL ESTATE OR BUYING REAL ESTATE: QUESTIONS OF THE THEORY AND PRACTICE

abstract 1321708006 issue 132 pp. 45 – 57 31.10.2017 ru 187
The authors consider the issue of qualification of unlawful treatment of property in favor of the perpetrator – as plunder or buying another's property. Also, in the article we highlight the enforcement practice in relation to the identified problems at the level of the Krasnodar region
153 kb

ABOUT CRIMINAL LIABILITY FOR THE CRIMES CONNECTED WITH EXTREMIST ACTIVITY

abstract 1321708010 issue 132 pp. 104 – 116 31.10.2017 ru 177
The article deals with criminal liability for crimes related to extremist activity. Different points of view regarding the classification of extremist crimes are analyzed. Particular attention was paid to the consideration of the judicial-investigative practice concerning the application of criminal responsibility for the commission of this type of crime. The authors formulated proposals for improving the current criminal legislation in the field of combating extremism
120 kb

TO THE NEED OF INCREASING THE LEVEL OF PROFESSIONAL TRAINING OF EXPERTS IN THE CONTEXT OF DIFFERENTIATION AND INTEGRATION OF SCIENTIFIC KNOWLEDGES

abstract 1321708025 issue 132 pp. 316 – 323 31.10.2017 ru 107
The author in this article points out that, in the current conditions of the development of scientific and technical means, differentiation of individual expert studies into independent types or subspecies of forensic examinations is observed. Mutual penetration of special knowledge and solving related issues by attracting specialists from various fields leads to the integration of scientific knowledge. In such conditions, the guarantee of professional expert research is the specialization of the forensic expert on specific types of forensic examinations and the continuous improvement of his qualification in a particular specialty in accordance with the development of scientific and methodological achievements in this field. To achieve this goal, the EFU system of the Ministry of Internal Affairs of Russia currently provides the following: 1) training in higher educational institutions of the Ministry of the Interior of Russia on the specialty "Forensic examination"; 2) an internship, which takes place under the supervision of a mentor with subsequent certification for the right to self-produce expert examinations. However, despite this, the EFU of the Ministry of Internal Affairs system has a number of problems, caused by the following reasons: a reduction in the number of staff members of the EFU associated with the overall reorganization of MIA. 2) increase and differentiation of the workload of staff members in managerial and expert positions due to an increase in the number of databases of forensic accounts and the emergence of an additional burden. 3) weak material and technical support for territorial EFU. These problems, in the opinion of the author, are common to the whole system of the Ministry of Internal Affairs of the Russian Federation and require their solution by improving the quality of work of staff members and taking organizational and financial measures
159 kb

ARTIFICIAL PLOTS OF LAND UNDER INTERNATIONAL LAW: THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA

abstract 1321708030 issue 132 pp. 376 – 390 31.10.2017 ru 28
The article is about legal status of artificial plots of land in International law. The authors briefly tell about the history of development of modern international maritime law. Then the authors analyze United Nations Convention’s 1982 on The Law of The Sea norms about legal status of artificial plots of lands situated in different regions of marine space: in the territorial sea, the contiguous zone, on the continental shelf, in the exclusive economic zone, on the high seas. The convention includes terms of the same nature, for example, artificial island, installations, structures, devices and constructions. The term «constructions» is collective for all objects, that was made by people in the maritime space. At the same time, the Convention divides some kinds of artificial things. In addition, the article is about State Sovereignty issues of artificial objects, which are placed in the maritime space. The authors established some parallels between International law rules and Russian law rules, which govern the legal status of artificial plots of land
129 kb

WAY OF COMMISSION OF CRIME AS THE BASIC ELEMENT OF CRIMINALISTIC CHARACTERISTICS OF A CRIME UNDER ARTICLE 199.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

abstract 1321708033 issue 132 pp. 425 – 434 31.10.2017 ru 92
The article discusses one of the central elements of criminalistic characteristics of crimes in the sphere of non-fulfilment of duties of a tax agent – the method of committing a crime. Given its definition, structure, classification of methods, and general characteristics with example from the practice of investigation of such offences
155 kb

THE PRINCIPLES OF STATE AND MUNICIPAL SERVICE

abstract 1321708062 issue 132 pp. 772 – 785 31.10.2017 ru 178
The article considers the ratio of the fundamental principles of the state and municipal services at the present stage of development of the state. It shows the problem concerning the possibility of expanding the list of these principles in the Federal laws and their harmonization
146 kb

ORGANIZATIONAL AND TACTICAL FEATURES OF THE AIRCRAFT ACCIDENT SITE EXAMINATION

abstract 1321708065 issue 132 pp. 818 – 830 31.10.2017 ru 27
This article discusses the organizational and tactical features of the aircraft accident site examination. For successful solution of the problems which the investigator faces: for a quick and thorough crime detection, exposure of guilty persons and their fair sentencing, the investigator should clearly understand what circumstances are to be ascertained and proved in a particular case. The aircraft accident site examination is primary and necessary investigative activity. Success of the investigation of aircraft accidents, which are often accompanied by human deaths, depends on the efficient accident site examination. Very often, seemingly identical situations are generated by different causes and require an individual approach. To choose the best way of discovering past events the investigator should consider the organizational and tactical features in the course of crime scene examination. To carry out the efficient accident site examination, experts in the field of aeronautical engineering, a forensic expert or a doctor as well as a specialist of forensic units for the production of photo and video at the crash site should be involved. It is necessary to fix and remove the traces and other evidence, and the obtained data must be recorded in the accident site examination report
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