A conclusion may be drawn, based on the analysis of allowability of criminal-procedural evidences which include legitimacy of the source of information relating to the facts and ways of obtaining and fixation of information mentioned in the order stipulated by the code of criminal procedure
In the scientific article, the author came to a certain conclusion by considering various opinions of scientists relating to the present range of problems, and he has quoted a classification of murders, committed as hired killing: contract murders based on commercial conflicts in the sphere of business; hired murders committed on the base of criminal conflicts; hired murders committed in the sphere of industrial and employment activity
The author of the article describes the characteristic features of the members of organized criminal groups, realizing providing functions, which are in many respects defined by character of their actions and an orientation of activity of formations. For example, those who are in charge of extortion implementation are characterized as highly qualified professionals in economics, banking and any other similar area. Their talents, knowledge, skills and ability to conceal the criminal activities should be considered by the law enforcement agencies when predicting crime as well as when developing investigation plan
In the scientific and educational literature, execution of preliminary investigation by investigatory group and investigatory-operative group is shown in detail enough.
Absence of the instructions about interaction between investigatory and operatively-search divisions at a group method of investigation in the criminally remedial law, has caused necessity of search of concrete and optimum forms of interaction in practice. The author defines some such forms which are described in the scientific article taking into account occurrence, formation and perfection of activity of investigatory and investigatory-operative group
In this scientific article, the author considers the main problems, concluding in following: in the course of realization of the checking and control not to leave for determined limit, ungrounded not to limit remedial independence of investigator. After all public prosecutor, chief of the subdivision inquiry, court, realizing remedial checking and control, simultaneously must work out beside investigator independence, professionalism, skills to take the faithful decisions on base of the analysis to investigation situation
A combination of two attributes envisaged in Article 105 of the Russian Federation Criminal Code - organized criminal group and criminal community (criminal organization), add a considerable peculiarity to the process of formation of original data, and criminalistically credible information relating to the category of crimes being considered in the process of evidences formation. The author includes both material and ideal elements in the original information depicting criminalistically credible attributes of constituent elements of the crime and also the circumstances indirectly associated with it, thus, facilitating generation of evidences at the phase of initiation of a criminal case, and enabling identification of circumstances subject to assessment and evidencing at the phase of preliminary investigation
The estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
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
Modern legal experts often underestimate the importance of the crime scene examination. However, even when a crime scene is examined by a coroner the goal of the investigative procedure is not always achieved as in Russian investigative practice the detailed examination is often mistaken for the expertise. In order to study the problems of the investigative examination the author has carried out a thorough analysis of the major stages of the crime scene examination method development in Criminal Procedure and Criminalistics
The author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers