The article defines the acts of corruption as a factor affecting
the external security of the country, given the
scope of public relations, which are affected by corruption.
We have displayed historical overview of corruption.
On the example of the recent political events in the
world, the article shows a destructive impact of corruption
on the constitutional arrangement of a number of
near countries and far abroad. The work defines the effective
role of the psycho-physiological study of polygraph
in detecting accuracy of information in the fight
against corruption in the Russian Federation. The use of
polygraph to improve anti-corruption policy of the state
opens up new possibilities in the fight with the worldwide
scourge of corruption. The work gives basic preventive
function to psychophysiological research on polygraph
in the organizations fighting against corruption in
Russia. The article analyzes the draft law "On the application
of the polygraph in the Russian Federation", which
is currently being introduced in the State Duma. Based
on the study of the projected rate, we have made conclusions
about the need for research on a polygraph in detecting
corruption risks in the case of appointments of
civil servants from the activity of which depends on security
and international prestige of the Russian Federation
The article deals with the historical causes and conditions
of corruption in Russia and some foreign countries. The
concept of corruption in terms of the current legislation is
briefly studied with the aim of proposing legislative
initiatives in future to expand the definition of concepts:
corrupt behavior; corruption; corruption offense and a
crime. The work outlines the key features of act of
corruption, its devastating impact on the sovereignty and
security of the state. Particular attention is paid to the
spiritual and moral component of occurrence of corrupt
behavior in society, as well as its impact on social,
political and economic development of the state. The
study determines the destructive force of corruption as a
factor of destabilization of the economic and political life
of the society and the country, as well as the impact of
this effect on the international credibility and external
security of the state. In the article on the example of the
political events taking place in the countries of near and
far abroad, it is stated that corruption is the main cause of
internal and external wars. The article identifies
proposals for the improvement of the current anticorruption
laws of the Russian Federation, taking into
account the basic principles of the rule of law, in order to
prevent internal and external destabilization in the
country, as well as to strengthen security and the
international prestige of the state
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
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