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
As a result of timely carrying out of a search and sei-zure, law enforcement officers have an opportunity of analysis of the major sources of proofs in the given category of documents. At the same time, there are cases when field investigators and inspectors face va-riety of massive problems during search or seizure. The given article is devoted these and other problems
There are quite few scientific researches covering the problems of organizing and tactics of investigation in court procedure, which meet the requirements of the Procedural Criminal Law of the Russian Federation in the legal literature. The studies of the ways of sur-mounting counteraction in court hardly exist. There-fore, the authors consider the matters of counteraction in the course of investigation in court paying attention to the existing theory and practice of counteraction in the criminal court procedure. They have developed some scientific recommendations upon the measures for surmounting counteraction to investigation in court in various circumstances
The concept of long-term social and economic development of the Russian Federation declares that in Russia, the society based on trust and responsibility that will be reached at the expense of provision of equal possibilities for social mobility of talented representatives of all social classes, social policy realization, on support of vulnerable levels of population and carrying out of the policy directed on integration of migrants should be generated
The article is devoted to the main basis of exemption from criminal responsibility in connection of reconciliation with the victim. The essence of conciliation is analyzed, its features are determined, the definition is given. The necessity of its consolidation in criminal law is established
The article covers the following problems: delineation, prevention, suppression and detection of crimes as well as the detection and identification of the criminals who prepare, organize and commit crimes; search of fugitive suspects and people who holeup and abscond and dodge the responsibility as well as search of missing people; obtaining information about the events and activity (negligence) causing national, military, economical and environmental security threat of the Russian Federation; determination of the forfeitable property. The author suggests some solutions for the mentioned problems.
The dismissal of the criminal case differs greatly from such a procedural act as the suspension of the case. The major difference is that the dismissal means the termination of the case, conclusion of investigation, while the suspension is just a temporary break caused by some certain circumstances, when they are eliminated the case procedure will be renewed and carried out in a regular way
In accordance with clause 53 of the Criminal Code of the Russian Federation, an advocate is entitled to take part in any investigative actions where his client is involved. But this right is not always used; actually, none of the advocates would confess that avoiding such events is a way to save time, and when being asked he (she) points out another reason – investigators don’t announce the forthcoming events beforehand
The article covers the problems of legal regulations and implementation of civil and land law standards on the enforced termination of interest in land which can’t be possessed by the owner according to the law. The issues of the enforcement in the course of such termination of entitlement are also considered by the author
The legal entities of the preliminary investigation agencies that are authorized to make decisions and draw regulations at this stage are an investigator, a detective, the Head of the investigative division, the supervisor of the investigative body, a prosecutor. The requirement for the legality of the regulations issued by the above-mentioned legal entities develops with the initiation of the criminal case. Such requirement is applied to the decisions made by an investigator or a detective under the common rule