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
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
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
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
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
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
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
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
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
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