The authors of the article examine the relationship
between the criminal process and investigative activity
taking into consideration the requirements of the
Criminal Procedure Law and the Law on Investigative
Activities in the Russian Federation. Such important
issues as main tasks and principles of the criminal
process and investigative activity are considered in the
article. The authors analyze interrelations of some
investigative actions and operational search as well as
the order of introduction and usage of the results of the
investigative activities at the stage of criminal case
initializing and in the course of investigative activities.
The authors also pay attention to the data which must
be submitted in the report or memorandum on the
prepared or being committed crime giving grounds for
criminal case initializing
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
The authors of the article analyze the nature and
significance of the search activities of the units engaged
in operational investigative activities. They consider
operational investigative activities as a complex system
of operational investigative actions including their
different types according to their subject and goals, the
problems solved and functional peculiarities as well as
the observing (limiting) the rights and freedom of the
participants of the activities. Depending on the specific
tasks an important part of the system of search operations
comprise those which provide detection, prevention and
investigation of crimes, detection of wanted persons and
objects of criminal assault, as well as operational support
of state coercion, appointed by court order . In the theory
of operational and investigative activities, they are
referred to as "reconnaissance actions", and they reveal
the essence of this type in general and search activity
(operational research) in particular. Thus, the authors
share the view expressed in the literature, according to
which the system of reconnaissance and search
operations carried out mainly behind the scenes and
using a particular service, means, methods and forms, is
the essence of operational and investigative activities
The article is devoted to the analysis of the legislation
on criminal liability for acquisition, storage,
transportation, processing for sale or it is sold
obviously illegally prepared wood. It is investigated
the main and qualifying signs of the corpus delicti
provided by Art. 191.1 of the criminal code of Russian
Federation, and features of legislative technology of
creation of norm on responsibility for this crime. Some
problems of qualification of the specified crime and its
separation from adjacent structures of crimes are noted
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 definitions of an investigative team and an
investigation group and the matters related to the
investigation planning (strategic plan, an additional
plan, the investigation plan as a whole in the case and
during specific investigative actions and operationalsearch
activities). 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
effectiveness of the investigation and the investigative
teams and the work of their managers to develop
effective, strategic, shared, refined, additional plans for
specific investigative actions and operational-search
measures. The author also offers and considers it
expedient to establish the investigative team as a
procedural form of interaction in the production of the
preliminary investigation, as well as the group of the
operational support of the investigative team, i. e.,
operational investigation group as a non-procedural
form of the activities for the detection and
investigation of non-obvious, serious and very serious
crimes. Thus, for the development and the effective
operation on the detection and the investigation of
non-obvious, serious and very serious crimes, multi
episode, complex cases with the socio-political impact,
the investigative team and the operational investigation
group should be combined into a single structure
Discussion and problem questions of criminal-legal
struggle with terrorism are considered. Terrorism as a
phenomenon of our society was analyzed. The
assessment of criminal legislation and the bill on
property and criminal responsibility of relatives of
terrorists is given
The contract of donation is one of the most common
and frequently encountered in practical life, civil contracts.
This article describes the history of the formation
of the contract of donation in civil law of Russia.
The author analyzes in detail the legal provisions
of the contract of gift, enshrined in the current before
the Civil Code of the RSFSR in 1964. Soviet scientists
considered some of the issues that have been and (or)
remain outstanding or require specification of the legislator.
Previously existing legal acts do not take into
account many associated with the donation contract
questions arising in practice, such as cancellation the
contract of donation. We study the qualifying elements
of a deed of gift, which allows distinguishing it from
related contracts. It is noted, that the scope of the rules
on the contract of donation has expanded with the
time, which could not be taken into account by the
legislator. Current legislation regulates the peculiarities
of relations arising in connection with the execution
and the conclusion of the contract of donation.
The author analyzes in detail the current legal regulation
of the contract of donation in the current Civil
Code. In particular, this article presents the problematic
issues: the implementation and application of the
contractual relationship between the given and giver,
raised the question of the qualifications of donation
with the participation of public servants, and lists
some proposals to address the shortcomings in the
current legislation. The article made other critical
comments with regard to the rules on the contract of
donation in the civil legislation of the RSFSR and the
Russian Federation. The article has a research character.
The authors show the way to solve the most pressing
problems of enforcement under the contract of
donation, and put forward proposals to improve the
legislation
The article describes the main problems of criminalistic
classification of crimes against family and minors.
There were investigated the characteristics of criminal
law and criminal nature, which is the basis for the
classification
This article examines the formation and development
of Institute of a criminal case in the Russian and
foreign criminal proceedings. There was a difference
between the formation and development of the
institution stage of a criminal case in Russia and in
foreign countries. There is an emphasis on substantive
legislation, which is the formation and development of
the institution of criminal proceedings in Russia,
England, USA, Germany and France
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