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
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
This article is important today because there is not
enough attention in the contemporary law publications
paid to the typical patterns of crime mechanism
especially in the sphere of illegal weapon and
ammunition turnover. Taking into account the
opinions of such well-known forensic scientists as
R.S. Belkin, V.D. Zelensky, G.M. Meretukov, M.V.
Golovin, V.A. Obraztsov, J.G. Korukhov, V.Y.
Koldin, O.V. Chelysheva, L.Y. Drapkin, V.N.
Karagodin and others, the author comes to the
conclusion that it’s necessary to develop typical
patterns of crime mechanism for certain types of
crime. The author has worked out some typical
patterns of crime mechanism in the sphere of illegal
weapon and ammunition turnover based upon major
informative criminalistic elements, this particular
article describes seven typical patterns of crime
mechanism for the illegal storage, transportation,
transfer, carry, purchase and sale, manufacture, repair
or alteration, theft or extortion, careless storage or
improper performance of duties on protection of
weapon, its basic parts and ammunition. Each pattern
is accompanied with the examples of judicial and
investigative practice, followed by the necessary
explanations and analysis of the activities of the
subject of the investigation on the preparation, followup
and final stages, which leads to the conclusion
about the legitimacy of the proposed patterns
Taking into account the opinions of famous scientists like I.M.Gudkin, О.Y. Baev, V.M.Meshkov and V.V. Vainov and existing forensic practice, the authors con-sidered the organizational tactical and methodical aspects of a person's detention for illegal arms traffic. The content of the article has the scientific novelty, the theoretical and practical significance
The article discusses the Genesis of Islam and its
role in the development of Muslim law family,
highlights the main sources of Muslim law legal
families. It is noted an important role of standards in
Islamic law developed by the theologians of the
activities in the process of interpretation in filling
gaps in the law. All this has led to the emergence of
different schools or sects, which contributed to the
creation of many ideologically warring with each
other Muslim sects. The followers of these
movements convince their supporters that the rest
courses are false. The article notes that currently, in
general, the Muslim law has not lost its position.
Modern Islamic community of the world has about a
billion and a half followers. The Muslim law has not
only maintained its position, but also extends its
sphere of influence. Islam – the youngest world
religion - enters the countries whose people earlier
professed Christianity, Hinduism, Buddhism, etc.,
the Followers of Islam, moving to other countries,
almost do not assimilate. So, the Islamic community
in Europe is practically not subjected to European
influence. Some of the legal institutions in a number
of non-Muslim countries are subjected to
Islamization. In some countries, Islamic law is not
considered as legally valid, but it works in fact. This
happens in the Muslim enclaves of Europe, it is
happening in Russia, particularly in the republics of
the North Caucasus
Concealment is a common form of resistance to the investigative process. The author of the article suggests that each investigator should leave some comments added to the case papers in a form of a reference on the peculiar details concerning the concealment and the reticence of the evidence on the case in order to prevent the colleagues from possible mistakes in the further investigation
Relevance of the chosen topic is caused by
existence of disputable issues in the practice of
application of norms regulating institute of
necessary defense in the Russian criminal
legislation. In the present article the analysis of the
current state of this institute of criminal law and a
brief overview of the judicial practice of its
application is made. Process of formation and
development of institute of necessary defense in
ancient foreign and Russian sources of law and
sacred books is considered. The questions of limits
of legitimacy of necessary defense and
consequences of their excess are raised. The
authors of the article have paid special attention to
the analysis of conditions of legitimacy of
necessary defense. Such conditions are traditionally
divided into three groups: the conditions relating to
protection; the conditions relating to encroachment;
the conditions relating to the harm. The different
points of view concerning improvement of system
of conditions of legitimacy of necessary defense are
considered. The authors give examples from
modern court practice which allowed revealing
obvious gaps of the criminal law in this sphere.
They also formulated the proposals for improving
the legislation. The authors consider important
extension of the list of factors, which, together with
the unexpectedness of encroachment, can be the
basis for recognition of actions of the defending
person legitimate
The present article is devoted to the institute of the
Parliament control in Russian Federation, its role and
importance in the structure of functions of the Parliament
of Russia. The authors of the article analyze the
different approaches to the notion of the Parliament
control in the theory of constitutional law, in federal
and regional legislation. The author’s definition of the
Parliament control is formulated. The focus on the
necessity of the clear setting of the present term in the
present legislation of the Russian Federation is made.
In the article there were reflected the ways of the Parliament
control, there were given their characteristics.
The authors state the key and secondary aims of the
Parliament control set in the federal law. In the article
there was given the characteristics of the principles of
the Parliament control set in the federal law. The authors
offer to extend the list of present principles of the
Parliament control with the aim of the deeper understanding
of its essence. The authors pay to the special
attention to the role and the importance of the institute
of the Parliament control in the Russian Federation, its
influence on the development of the legal civil society
in Russia. The special role of the Parliament as a representative
institution of the people expressed its role.
The assessment of the effectiveness of the execution of
the Parliament control by the Russian Parliament on
the modern stage of the country’s development is given.
The problems of the trends of the improvement of
the Parliament control are touched
The authors analyze the question of the legal
problems of protection of the rights of members of
housing co-operative. The article shows the history
of the development of this institution in the Russian
Federation and its status. Of interest is the historical
analysis of the legal institution, as well as the issue of
protecting the rights of members of housing cooperatives
throughout the history of their existence in
our country. The author concludes that there is a need
to improve existing legislation on housing cooperatives.
In particular, the authors propose
amendments to the Housing Code of the Russian
Federation and other federal laws governing these
legal relationships. The article provides the change of
certain provisions of existing legislation that would
allow better quality approach to the protection of the
rights of members of housing co-operatives, as well
as their regulation in general. As well, the authors
indicated some legal problems that occur in practice
arising from members of housing co-operative in
their defense. The analysis of the legal practice of
various courts of the Russian Federation has been
carried out. Following consideration of the practical
problems has been offered for both theoretical and
practical ways to address them in order to prevent
violations of the rights of members of housing cooperatives
in the future
In accordance with the Article 17 of the Criminal Code
of the Russian Federation, expert evidence is not of the
predetermined force for a detective, an investigator, a
prosecutor, a judge and a jury. However, historically it
is actually estimated as specific evidence different
from the other. As early as before the revolution in
Russia a court expert was considered to be a scientific
judge. An expert is a judge of the facts whose evidence
on the case is not actually estimated along with the
other types of evidence