The authors of the article point out that the research of
cold steel arms and their traces has been considered in
detail in the studies of different criminologists.
Unfortunately, many scientists, examining cold steel
arms as the item of expertise, mainly paid attention to
the knives, swords, daggers, etc., but few researchers
considered crossbows as cold steel weapon. In
accordance with part. 4 Art. 223 of the Criminal Code
of Russia for illegal manufacture, alteration or repair
of throwing weapons, as well as the illegal sale of
throwing weapons (Art. 4, Art. 222 of the Criminal
Code), criminal liability is stipulated. Thus, the
authors agree with the opinions expressed in the
literature according to which attention should be paid
to the fuzzy wording of p. 4 Art. 222 of the Criminal
Code and p. 4 Art. 223 of the Criminal Code of the
Russian Federation: "Cold steel weapons, including
throwing weapons". Throwing weapons are not
included in the number of cold steel arms; it is an
independent type of weapon that is different from the
cold steel by its technical characteristics. The common
feature of cold steel arms and throwing weapons is
striking of a target due to the muscle power of a man.
The main difference is that there is no projectile with
directional movement in cold steel arms and striking
occurs due to the direct contact with the object. The
definitions of these types of weapons are contained in
the Federal Act "About Weapons"
The article discusses and analyzes the process of
formation and organization of the election
commissions in the Kuban region in the prerevolutionary
and Soviet periods. The main research
strategy articles can be viewed as the genesis of the
electoral bodies in the Kuban region to the beginning
of XX c., the main function of which was the
organization and conduct of elections. The focus is on
normative regulation of the electoral bodies, as well as
the factors and conditions that contribute to their
formation and development. In addition, we reviewed
and analyzed the influence of the Soviet legislation to
change the mechanism of formation and organization
of the election commissions of the Soviet period. The
article analyzes the composition of election
commissions, the powers of the members of election
commissions, the procedure of the election. We study
the organs, whose powers are to oversee the elections.
It is noted the role of the local Soviets in the
preparations for the elections in the mid 50s. They
provided all the organizational side of the preparations
for the elections - the formation of polling stations, the
compilation of voter lists, and the preparation of
documentation. The article also reveals the problems
that arose during the preparation and conduct of
elections, shows the consideration of election
commissions proposals and complaints of voters. In
addition, there are sources of the State Archives of the
Krasnodar Territory, the State Archive of the Russian
Federation, archived issues of "Izvestiya", "Sovetskaya
Kuban", "Komsomolets Kubani" newspapers
The article analyzes the content of the duty of the court
on determining the composition of persons
participating in the case and the specific actions of the
court, he needs to do to resolve the issue of the
composition of the persons participating in case:
correct definition of the subjects of the disputed
material relationship; identifying the possible presence
of other actors material legal relations that are in close
connection with the disputed material relationship
The authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
The article analyses the criminal legislation in
the application of such circumstance aggravating
punishment as crime in a state of intoxication.
Different points of view on a concept of state of
intoxication and its value for qualification of
crimes and criminal liability are considered. It is
emphasized that now the legislator establishes
the rule according to which the person who
commits a crime in a state of intoxication caused
by alcohol, drugs, psychotropic substances or
their analogs, new potentially dangerous
psychoactive substances or other intoxicating
substances is held to criminal liability on general
basis. In the article, we describe foreign criminal
laws concerning rules of sentencing a person
who committed a crime in state of intoxication.
The authors paid special attention to
consideration of court practice of application of
this circumstance aggravating punishment. The
authors illustrate the lack of uniformity in
approach of judicial authorities to application of
this circumstance. The authors formulated the
proposals for improving the existing criminal
legislation. In addition, the authors point to the
need for the Resolution of the Plenum of the
Supreme Court of the Russian Federation, which
would explain in detail the accounting rules of
state of intoxication at criminal sentencing
Currently, with the support of the Krasnodar region
administration, the task of returning the Cossack
way of life in the territory of Kuban is being solved.
In these conditions, features of honor, dignity and
business reputation of Cossacks of the Kuban
Cossack army as objects of the civil protection legal
relationship on their judicial protection from
defamation, considered in the article, become very
relevant. It is suggested in defamatory litigation to
leave the stereotyped, based on the same for all
understanding of these immaterial benefits, to take
into account their characteristics for the different
groups of population, including Cossacks of the
Kuban Cossack army
This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
The article deals with the use of methods of operativeinvestigative
activities in cases of bribery,
inadmissibility of provocation by certain employees of
operational units of law enforcement bodies against
persons being developed in operational accounting
cases. At the same time, the main attention is paid to
strict observance of the criminal procedural legislation
in the fight against this type of criminal activity; some
problems associated with imperfection of the
regulatory legal regulation in the course of operative
investigation activities in the investigation of
corruption crimes are investigated. The circle of
subjects of provocative actions at stages before
excitation of criminal case and carrying out of
preliminary investigation is defined. The reasons and
problems of revealing provocative actions are
considered at carrying out of operatively-search
actions on affairs about bribery. The spectrum of
possible operative-search measures, which can be
conducted with the purpose of revealing and fixing the
facts of bribery, is analyzed. An assessment is made of
the possibility of using the results of such an
operational-search activity as an operational
introduction in establishing the facts of bribery. An
analysis of the judgments of the European Court of
Human Rights on cases of provocative actions during
the conduct of operational-search activities at various
stages of criminal proceedings in criminal cases on
bribery