Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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171 kb

CRIME PREVENTION IN A PARTICULAR CRIMINAL CASE ABOUT DRUG TRAFFICKING

abstract 1281704057 issue 128 pp. 836 – 853 28.04.2017 ru 651
In the article the authors analyze the state of crime prevention in special legal literature, with analyses certain provisions of the criminal procedure code of Russia, allowing carrying out the preventive activities of the investigator during the investigation of criminal cases. In particular, the authors discuss the actual activities of the investigator in relation to the investigation of illicit trafficking in drugs. In the scientific article we have taken into account the views of famous scientists: R. S. Belkin, S. A. Solunskogo, A. N. Kolesnichenko, I. A. Vozgrin, I. I. Ivanov and others
135 kb

ABOUT CRIMINAL LIABILITY FOR PHYSICAL ASSAULT

abstract 1281704082 issue 128 pp. 1186 – 1196 28.04.2017 ru 627
The article deals with a new type of crime – physical assault committed by a person brought to the administrative punishment. The research is referring to meaning, base and measure of criminal liability. The authors are analyzing the positions of scientists and practitioners about making this amendment in Russian Criminal Code
156 kb

SYSTEM METHODS SEARCH ACTIVITY AT CARRYING OUT OF INVESTIGATORY ACTIONS ON DETECTION OF STOLEN PROPERTY

abstract 1281704099 issue 128 pp. 1402 – 1415 28.04.2017 ru 478
In the article, the author analyzes the aspects of the investigative activity of the investigator to locate the stolen property, provides the scientific approaches to the structure and content of investigative versions; the authors assess the relationship of the investigative versions and typical investigative situations; propose the algorithms of actions of the investigator in tracing stolen property with regard to various investigative situations
287 kb

ORGANIZATIONAL AND TACTICAL ASPECTS OF INTERACTION WITHIN AN INVESTIGATIVE TEAM IN THE COURSE OF DETECTION AND INVESTIGATION OF MULTI EPISODE COMPLEX COLLECTIVE CRIMES

abstract 1271703003 issue 127 pp. 79 – 112 31.03.2017 ru 896
As a result of the analysis of scientific and special literature, and summarizing the forensic investigative and operational practices and the views of experts from the investigative team, the author came to the conclusion that the activities of the head of an investigative body and inquiry agency should include a mechanism of control over the execution of organizational and other activities planned for the interaction system. Therefore, an analytical and methodical organizational headquarters to manage the interaction within the investigative team should be used. The author also believes that it’s necessary to provide the interaction between the staff of the preliminary investigation and inquiry, as well as officials carrying out the operational searching activity during the whole period of the investigative team activities. The forms of interaction should be presented as a set of cooperative and agreed criminal procedure and organizational and administrative actions of the investigator, the head of the investigative team and the inquiry agency, on the basis of operational or operational and tactical availability in conjunction with the methods of operational and investigative activities and proceedings in compliance with the principles of criminal procedure law and the Federal law "On the OSA" for the purpose of direct execution of the criminal procedure legislation and the solution of tasks of the operational searching activities
122 kb

QUESTIONING WITNESSES IN CASES OF CRIMES AGAINST FAMILY AND MINORS

abstract 1271703040 issue 127 pp. 595 – 603 31.03.2017 ru 990
The article describes some main scientific and practical recommendations of the group methodology of the investigation by questioning witnesses in cases of crimes against family and minors
302 kb

SITUATIONAL APPROACH AS A MAJOR FACTOR OF THE ORGANIZATIONAL ASPECTS OF INVESTIGATION PLANNING BY AN INVESTIGATIVE TEAM IN CASES OF MULTI EPISODE COMPLEX COLLECTIVE CRIMES

abstract 1261702032 issue 126 pp. 434 – 470 28.02.2017 ru 2725
After analyzing scientific papers on the topic of many scholars, the author focuses on the situational approach as a major factor of the organizational aspects of the investigation planning by an investigative team in cases of multi episode complex collective crimes. It has been suggested that the planning and organization of the investigation is preceded by the predictive assessment of the investigation situation, determination of the pattern of a detective’s actions and programming and simulation of the investigation process. All processes require the implementation of organizational and administrative activity of the head of the investigative team. However, the initial investigation planning for one or more crimes is reduced only to a description of the investigative situations, to the presentation of a list of investigative actions and operational searching activities without the agreed plan and appointment of the participants in such activities. Consequently, the situational approach in planning can minimize errors during investigative activities and optimize the work of the investigative team dealing with the multi episode crime particularly complex in terms of investigative and procedural actions and operational and searching activities
141 kb

PREPARATION OF A PROSECUTOR TO THE REALIZATION OF FUNCTIONS OF ESTABLISHMENT OF OBJECTIVE TRUTH IN A CRIMINAL CASE

abstract 1251701027 issue 125 pp. 397 – 407 31.01.2017 ru 785
At present time, the authors consider the urgent problem on preparation of a prosecutor to the realization of criminal-procedural function of establishment of objective truth in a criminal case for law enforcement practice. The conclusion on realization of the present function by a prosecutor is substantiated on the basis of directives of a general prosecutor of the RF, a prosecutor of Krasnodar region, the conducted poll of present employers of bodies of a public prosecutor's office of the RF, opinions of scientists in the sphere of process, authors’ own arguments and practical recommendations on preparation of its execution are given. The complex analysis of criminal-process authorities of a prosecutor allowing it to achieve the effective establishment of objective truth in a criminal case is carried out
139 kb

CIRCUMSTANCES AFFECTING THE TIMING AND QUALITY CONSIDERATION OF CRIMINAL CASES IN THE COURTS OF APPEAL

abstract 1251701045 issue 125 pp. 680 – 688 31.01.2017 ru 573
In the present article the analysis of essence of system of the appeal, check and revision of judgments is carried out; the state is defined the condition of this system and its functioning on the basis of current trends of development of the acting criminal procedure legislation, practice of its application is defined; the circumstances and collisions influencing terms and quality of consideration of criminal cases in courts of appeal instance come to light and also recommendations and suggestions for improvement of work of the courts of the court of appeal are formulated
110 kb

ABOUT FORMATION OF THE SUBJECT OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS

abstract 1251701052 issue 125 pp. 782 – 789 31.01.2017 ru 780
The article describes the main theoretical principles of the concept and content of the investigation of crimes against family and minors. The factors defining character of an investigative situation of an initial stage of investigation are stated, there is a definition of a subject of investigation and its content in investigation of the studied crimes
126 kb

SOURCES OF INTERNATIONAL LAW AND THEIR FEATURES

abstract 1241610010 issue 124 pp. 201 – 209 30.12.2016 ru 1160
This article is devoted to the study of the essential features and properties of the sources of international law from the standpoint of the general theory of law. The author reveals the factors that influence the process of law-international, draws attention to the specific features of the subjects of international lawmaking, especially, how to create the right sources, analyzes the problem of correlation between sources of international law and national sources of law
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