Name
Meretukov Gaysa Mosovich
Scholastic degree
•
Academic rank
professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
Articles count: 19
This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
The authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator
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
The authors of the article point out that the research of
cold steel arms and their traces has been considered in
detail in the studies of different criminologists.
Unfortunately, many scientists, examining cold steel
arms as the item of expertise, mainly paid attention to
the knives, swords, daggers, etc., but few researchers
considered crossbows as cold steel weapon. In
accordance with part. 4 Art. 223 of the Criminal Code
of Russia for illegal manufacture, alteration or repair
of throwing weapons, as well as the illegal sale of
throwing weapons (Art. 4, Art. 222 of the Criminal
Code), criminal liability is stipulated. Thus, the
authors agree with the opinions expressed in the
literature according to which attention should be paid
to the fuzzy wording of p. 4 Art. 222 of the Criminal
Code and p. 4 Art. 223 of the Criminal Code of the
Russian Federation: "Cold steel weapons, including
throwing weapons". Throwing weapons are not
included in the number of cold steel arms; it is an
independent type of weapon that is different from the
cold steel by its technical characteristics. The common
feature of cold steel arms and throwing weapons is
striking of a target due to the muscle power of a man.
The main difference is that there is no projectile with
directional movement in cold steel arms and striking
occurs due to the direct contact with the object. The
definitions of these types of weapons are contained in
the Federal Act "About Weapons"
The authors of the article consider legal
organizational and tactical issues of operational
investigative activities in the course of search. The
authors compare some items and norms of Russian
Constitution, Criminal Law, Criminal Procedure
Law, Federal Laws governing the operational-search
activity, in particular search activity, some sources of
information, such as confidential. In particular, the
authors examine the legal basis of the internal affairs
agencies in the fight against crime as a science-based
system of legal norms contained in the laws and bylaws
that create the legal preconditions, as well as
the conditions and procedure for carrying out
operative search actions, either directly regulating
the legal organizational and tactical questions of
application of operational investigative forces,
means, methods and forms in the fight against crime.
Thus, the authors believe that the search activities of
the units engaged in operational investigative
activities of the police, as an organizational and
tactical form (or part of) the operational-search
activity of law enforcement bodies as a whole, it has
a single legal framework that operational search
activity in general
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 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
The article “Contents of the main elements of the
criminalistic characteristic of fraud” written by the
group of authors is of great importance today as the
new points of the Federal Act №207 of the Criminal
Code of Russia which provide for the criminal
proceedings for fraud in lending; while getting
payments; while using bank cards; in business sphere;
in the sphere of insurance, introduced on November
29, 2012, still need to be developed and lack the
methods of the investigation of such crimes.
Consequently, the methods of preparation, committing
and concealing of a crime, track formation mechanism
are not determined and analyzed upon the materials of
the forensic and investigative activities. The authors of
the article have attempted to study the cases of the
mentioned crime types and determine the ways of
preparation, committing and concealing of a crime and
track formation mechanism of the above-mentioned
types of crime
The article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes