The article deals with the issues related to the
organizational and legal aspects of investigative
group formation. The author has analyzed scientific
and technical literature, materials of judicial and
investigative practice, criminal procedural law,
different views of scientists, as well as his own
judgments on the proposed changes and additions to
the content of the article 163 of Criminal Procedure
Code. The analysis allows the author to declare the
need to invite the heads of the investigative bodies of
the various departments and units to carry out more
in-depth additional analysis of the performance of
the investigative and the operational and
investigative teams and the work of their leaders, to
consider the establishment of investigative and
operational investigative groups in criminal cases,
which are of great public and political importance
and are under control of inter-agency working groups
on combating organized forms of criminal activities.
According to the author, it is necessary to raise the
level of responsibility of the leaders of the
investigative and operational investigative groups,
which are aimed on the investigation of crimes
committed by an organized group, gang or a criminal
association, as well as by persons, classified as
representatives of the organized crime. Together with
the management of bodies engaged in operational
investigative activities, a uniform algorithm for the
establishment and functioning of investigative and
operational investigative groups should be worked
out and introduced to the junior agencies staff and
subordinate units
The authors of the article consider legal
organizational and tactical issues of operational
investigative activities in the course of search. The
authors compare some items and norms of Russian
Constitution, Criminal Law, Criminal Procedure
Law, Federal Laws governing the operational-search
activity, in particular search activity, some sources of
information, such as confidential. In particular, the
authors examine the legal basis of the internal affairs
agencies in the fight against crime as a science-based
system of legal norms contained in the laws and bylaws
that create the legal preconditions, as well as
the conditions and procedure for carrying out
operative search actions, either directly regulating
the legal organizational and tactical questions of
application of operational investigative forces,
means, methods and forms in the fight against crime.
Thus, the authors believe that the search activities of
the units engaged in operational investigative
activities of the police, as an organizational and
tactical form (or part of) the operational-search
activity of law enforcement bodies as a whole, it has
a single legal framework that operational search
activity in general
The article is devoted to the problems of legal
regulation of electronic voting an e-democracy in
foreign countries. The possibility of informationalcommunication
technologies introduction into the
voting process is studied. In the absence of a unified
approach to the understanding of the legal nature of edemocratic
processes, the authors give the special
attention to the analysis of state policy in the sphere of
the e-democracy improvement. There were considered
the systems of electronic voting system which were
used in elections in Estonia, Germany, Austria, UK,
Switzerland and Finland. There were analyzed the
practice of Internet-voting as a prototype of electronic
democracy and problems of identification of voters,
calculation of votes, ensuring of secrecy of the ballot.
There were marked means the use of electronic voting
as positive sides and considerable risks connected with
the possibility of interference into the system of
electors’ votes and complexity of securing of control
of procedure of electronic voting. Authors make
conclusions on possibility of the use of positive
foreign experience of distant voting during the
elections in Russia and on the necessity of working out
of legal claims to informational space and given
information to increase its quality and credibility
In the article, legal norms of barter agreement are
exposed to the detailed analysis. They were fixed
earlier in the Civil Codes of RSFSR 1922 and 1964.
The authors analyze the modern legal adjusting of
barter agreement in the operating Civil Code of the
Russian Federation. Characterizing signs of barter
agreements are investigated and they allow distinguishing
it from a bargain and sale. It is marked that
the barter agreement got the detailed regulation of
relations only in the operating Civil Code of the
Russian Federation. The purview of norms about the
agreement of barter broadened in course of time.
That was taken into account by a legislator. A modern
legislation regulates the features of relations
arising up in connection with execution and conclusion
of treaty of barter. Earlier operating legislative
acts did not take into consideration many questions,
related to the relations of barter, arising up in practice.
Soviet scientists examined some questions that
were and remain now without adjusting or require a
specification from a legislator. For example, concerning
Civil Codes of RSFSR 1922 and 1964, the
imperfection of legal determination of agreement of
barter was marked. This decision did not take into
account that commodities were passed in property of
another side. Modern legislator names it a "commodity
the object of the barter agreements. In the
same time in practice there is a lot of questions
about possibility of applying property rights to the
object of the barter agreement. Other critical remarks
about the rules of the barter agreement in the
civil legislation of RSFSR and the Russian Federation
were done by the author in the article
The present article is devoted to the problems of
improvement of authority of state property cadastre,
registration of rights on real estate and bargains with it.
The changes introduced by the Federal Law from
13.07.2015 # 218-FL “On state registration of real
estate” are conditioned by the urge of a legislator
towards the increase of quality of state services in the
sphere of state cadastre stocktaking of property and
state registration on it and as well as minimization of
mistakes containing in data of state cadastre of real
estate and united state register of rights to replenish
budgets of all levels at the expense of increase of
taxing base and to stimulate the economic growth of
the country. To the view of authors, the normative base
of land, civil and other special legislation demands the
further improvement that testifies the urgency of
present problem. The authors carried out the analysis
of modern legislation, there were revealed the
problematic moments of realization of special
regulations of the Law on registration of real estate and
other subordinate regulatory acts, there were
introduced the offers on their elimination, and as well
as there were cited the prospects of legislation
development in the sphere of land-property relations
The article investigates the concept and the content of
a legitimate interest in criminal proceedings. The
author concludes about the necessity of inclusion the
additional structural element, legitimate interests of
parties of criminal proceedings in the criminalprocedural
relationships. The author’s definition of the
legitimate interests of some parties of the criminal
process is tabled for discussion. Different points of
view of legal scholars on the subject are analyzed in
this article. The article discusses special features of
occurrence of legitimate interests in terms of pretrial
agreement undertaking on cooperation with suspected
or accused party
HOW TO SOLVE THE TASK OF CLASSIFICATION OF TYPES OF RIFLE AMMUNITION USING THE METHOD OF ASCANALYSIS
In criminology, there are actual problems of determining
the type (machine gun, rifle, large caliber, pistol)
and a particular model of small rifle for its ammunition,
in particular, discovered in the use of weapons.
The article proposes a solution to this problem with the
use of a new innovative method of artificial intelligence:
automated system-cognitive analysis (ASCanalysis)
and its programmatic toolkit – a universal
cognitive analytical system called "Eidos". In the system
of "Eidos", we have implemented a software interface
that provides input to the system images, and the
identification of their external contours on the basis of
luminance and color contrast. Typing by multiparameter
contour images of specific ammunition, we create
and verify the system-cognitive model, with the use of
which (if the model is sufficiently reliable), we can
solve problems of system identification, classification,
study of the simulated object by studying its model
and others. For these tasks we perform the following
steps: 1) enter the images of ammunitions into the system
of "Eidos" and create mathematical models of
their contours; 2) synthesis and verification of models
of the generalized images of ammunition for types of
weapons based on the contour images of specific munitions
(multivariate typology); 3) quantification of the
similarities-differences of the specific ammunition
with generalized images of ammunition of various
types and models of small rifle (system identification);
4) quantification of the similarities-differences of the
types of munitions, i.e. cluster-constructive analysis
Relevance of the chosen topic is caused by
existence of disputable issues in qualification of
the crime established in article 153 of the
Criminal code of Russian Federation. Objective
and subjective elements of corpus delicti of
substitution of a child are analyzed in the article.
The special attention is paid to the object of the
crime, and also consideration of the concept
«victim». In this article «mercenary and low
motives» as a constructive feature of the
subjective element of substitution of a child are
considered, the most significant gaps in norms of
the criminal legislation are analyzed and ways of
their elimination are offered. Having
investigated normative legal acts, court practice,
foreign legislation and the existing theoretical
developments, authors give their interpretation
of article 153 of the Criminal code of Russian
Federation. The authors express opinion about
strengthening of the punishment for this crime.
We consider important inclusion in corpus
delicti of this crime such aggravating features as
the act: «against two or more persons», «a group
of persons by previous agreement or organized
group», «a person using his official position», «a
person who has a previous conviction for crime
against a family and minors»
Currently, pension by virtue of their social significance in
favor of one of the main socially important guarantee of
stable development of society, to ensure the financial and
budgetary sphere of the state. Private pension founds are
viewed as an instrument to raise the material well-being
of pensioners. The social significance of non-state
pension funds is to involve the population in the sphere of
voluntary pension insurance. The author analyzed the role
of non-state pension funds in acting to pension system.
The article subjected to a detailed analysis of the norms of
a number of Federal laws, fixing the investment activity
of non-state pension found. The author concludes that
there is a need to improve existing legislation on
investment activity of non-state pension found. As well,
the authors indicated some legal problems that occur in
practice arising from owners of the investment portfolio.
The authors have analyzed the performance of pension
funds and formed an opinion about the state of the whole
system. Following consideration of the practical problems
has been offered for both theoretical and practical ways to
address them in order to prevent violation
Currently, there is a topical question of legal
consolidation in the tax and the customs legislations of
the fee for goods purchased from a foreign company
through a transaction concluded by the information and
telecommunications network "Internet". According to the
legislator, such innovations will limit the spillover of
online orders to the neighboring states with a high
threshold for duty-free shipping, which will strengthen
the domestic e-commerce market. The authors believe
that the consolidation of the institution in the national
legislation would contradict the general provisions of tax
legislation. The authors believe that such measures will
increase the number of sham and mock transactions and
reduce import turnover. The proposed projects of the
European Economic Commission of the European
Economic Union on the Internet fees in their structure are
poorly written, in particular, they lack the concept of
internet purchase, there is no resolution of the issue of the
relationship between the collection and the value added
tax.The authors come to the conclusion that these projects
should to be completed, in particular, it is proposed to
supplement the provisions of domestic legislation,
delimiting the object of taxation the value added tax on
the object of taxation for cross-border fee to be paid for
an online purchase. Their immediate implementation
without significant changes will not create a proper
mechanism for the implementation of this institution, and
generate a lot of conflict situations