The article describes the contents of typical
investigatory situations in the initial phase of the
investigation of crimes against family and minors and
the investigation version is based on the situation. We
have also described an algorithm of investigation of
each situation
The article deals with the problems related to the
modern concept, content, classification and
criminalistic supporting of an investigation and
operational group. 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 modern concept, content,
classification and criminalistic supporting of an
investigation and operational group. Thus,
criminalistic supporting of detecting, exposure and
investigation of crimes by an investigation and
operational group is a system of integrated application
of legal and criminalistic knowledge aimed to provide
the usage of the most meaningful and practical
approaches and techniques, means of specific
knowledge, organizational and administrative as well
as strategic and procedural recommendations. This
system ensures the best arrangements for the
establishment of truth with regard to a criminal case
by carrying out a set of investigation activities,
operational and search activities and organizational
measures within the norms determined by the
Criminal Code of the Russian Federation and the
regulations of law-enforcement authorities
This article is devoted to the situational approach to the crime aspect of goal-setting activities of a mediator in criminal proceedings. It discusses the mechanisms of reconciliation of the parties in criminal proceedings in the framework of a mediation procedure or application of mediation procedures of the parties of the criminal proceeding under applicable criminal procedure of law. Mediation is considered in the context of situational modeling and creating a system of activities of parties to the proceedings depending on mediablity or remediability of the situation. We analyze current criminal procedural legislation in the sphere of reconciliation on criminal cases of private and private-public prosecution. We have suggested considering a new direction for tactical activities of participants in the proceedings and tactical aspects in the framework of the procedural powers to reconcile the parties, and situational modeling in the framework of its application in the mediation process. In addition, there was given legal and scientific analysis of the possible tactical aspects of the use of mediation procedures in criminal proceedings. A new direction in the tactical aspect of the activities of all participants in criminal proceedings has been presented, which is a tactic of the application of mediation procedures. The process of potential reconciliation of the parties is considered in the context of the situational approach, and the activity of neurotransmitters, through case studies, depending on the possibility of reconciliation between the victim and the suspect. We have proposed a new scientific classification of situations, depending on the possibility or impossibility of the use of mediation procedures
In the article, we have performed an analysis of
respect for the principle of immunity of the right of a
private property in case of the address of a claim to
property. Restrictions of the principle of immunity
are shown concerning both property objects, and
concerning competences of the owner that in case of
proper approach from the legislator is not violation of
the rights and interests of the person. The unique
premises can act as a subject of the address of
collection of debts of the testator. It is established
that the size of the money which isn't subject to
collection shall be determined living at least by the
territorial subject of the Russian Federation, and also
funds for expenses for acquisition of necessary
medicines and the equipment shall be in addition
guaranteed. Shortcomings and contradictions in case
of regulation of the bases of the address of collection
on separate types of property are revealed,
suggestions for improvement of these provisions are
made
In this scientific article, the author deals with the
application of specialized knowledge are competent
persons (experts, specialists, forensic specialists) in
modern law enforcement in various forms: procedural
and non-procedural. The development of various
information technology, hardware and collecting
evidentiary information devices, as well as their
application in day-to-day activities of bodies of
inquiry (investigation) and operational units are by far
enough effective activity. In this connection, there
was a need for amending and supplementing the
existing legislation the Russian Interior Ministry,
some ordering process handling documents in the
preliminary investigation as a whole. The author
indicates the responsibilities of forensic units of
internal affairs bodies as in the conduct of
investigative actions and operational-search activity.
At the end of the article, the author proposes an
electronic form of the certificate of the expert
forensic investigation in which are reflected issues of
application of technical means in the course of the
investigation, the rights and duties, as well as the
responsibility of the forensic specialists, which
provides a modern criminal procedure and criminal
legislation of the Russian Federation, however, it has
not so far reflected in existing regulations Ministry of
Internal Affairs of Russia
The article deals with the complex and important
problem related to the investigation of extortion. From
a legal point of view, extortion is the demand of a
transfer of someone’s property, rights to the property
or some other actions connected with the property,
which is accompanied by various threats of violence,
destruction of property or spreading of information
defaming the victim or his relatives. Extortion refers to
latent crimes. Investigation of extortion is complicated
because of the high level of professionalism and
thorough preparation of the accused. The number of
criminal groups using extortion as the main source of
their income is increasing. To select the best way of
obtaining information concerning past events, an
investigator develops crime investigation procedure.
The article analyzes the concepts of "investigation
procedure" and "programming", the stages of the
criminalistic routine development are pointed out.
Dealing with extortion classification of preliminary
investigation procedures is an important condition for
their development, which allows to distinguish
homogeneous groups and to develop criminalistic
routine. Based on the typical investigative situations at
the initial stage of investigation of extortion we have
proposed some investigation procedures. The set of all
procedural actions and recommendations that need to
be implemented in the course of the investigation,
forms investigation program
Relevance of the chosen topic is caused by
existence of disputable issues in the practice of
application of norms regulating institute of
necessary defense in the Russian criminal
legislation. In the present article the analysis of the
current state of this institute of criminal law and a
brief overview of the judicial practice of its
application is made. Process of formation and
development of institute of necessary defense in
ancient foreign and Russian sources of law and
sacred books is considered. The questions of limits
of legitimacy of necessary defense and
consequences of their excess are raised. The
authors of the article have paid special attention to
the analysis of conditions of legitimacy of
necessary defense. Such conditions are traditionally
divided into three groups: the conditions relating to
protection; the conditions relating to encroachment;
the conditions relating to the harm. The different
points of view concerning improvement of system
of conditions of legitimacy of necessary defense are
considered. The authors give examples from
modern court practice which allowed revealing
obvious gaps of the criminal law in this sphere.
They also formulated the proposals for improving
the legislation. The authors consider important
extension of the list of factors, which, together with
the unexpectedness of encroachment, can be the
basis for recognition of actions of the defending
person legitimate
The article describes the content of an investigative
inspection, a search, a seizure in the investigation of
crimes against the family and minors. There were
described the objects and the targets of these
investigative actions in various types of crime, as well
as trafficking in children
The article deals with the causes of the motivation
growth among the population to commit fraud in
lending. The article covers the problem of
differentiation of a special type of fraud in the area
of lending to the general composition of fraud
under Art. 159 of the Criminal Code of the Russian
Federation. Particular attention is paid to the
analysis of the sanctions of Art. 159.1 of the
Criminal Code. The author considers the problem
of differentiation of criminal punishment for fraud
in lending, which is stipulated by a special
regulation in relation to Art. 159 of the Criminal
Code. There is a proposed calculation of the fine,
which should be based on the amount of the
damage, and must be proportionate to it. The
problem of distinguishing Art. 159.1 of the
Criminal Code from the related elements of a crime
under Art. 176 of the Criminal Code has been
considered
The present article considers the problems of criminal proceedings in respect of foreign citizens and individuals without citizenship in the aspect of the Federal Act 375-FZ, dated 06 July 2016, which made additions to the part 3 of article 12 of the criminal code and article 3 of the code of criminal procedure. The author substantiates the need to include in Section XVI of the code of criminal procedure of a separate Chapter: "peculiarities of proceedings on separate categories of criminal cases", which is devoted the peculiarities of proceedings of criminal cases in respect of foreign citizens and individuals without citizenship who is not living constantly in the Russian Federation, who also is calling to account for criminal prosecution for crimes committed outside the Russian Federation against interests of the Russian Federation or the citizen of the Russian Federation or constantly living in the Russian Federation individuals without citizenship, as well as the definition in the criminal code the list of crimes directed against the interests of the Russian Federation