The author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
A combination of two attributes envisaged in Article 105 of the Russian Federation Criminal Code - organized criminal group and criminal community (criminal organization), add a considerable peculiarity to the process of formation of original data, and criminalistically credible information relating to the category of crimes being considered in the process of evidences formation. The author includes both material and ideal elements in the original information depicting criminalistically credible attributes of constituent elements of the crime and also the circumstances indirectly associated with it, thus, facilitating generation of evidences at the phase of initiation of a criminal case, and enabling identification of circumstances subject to assessment and evidencing at the phase of preliminary investigation
This article refers to correlation of law and morality, to the role of conscience of law in the process of building a Rechtsstaat, analyses Vladimir Solovyov’s Natural Law theory and in particular his ideas of relations of law and morality, substantiates its value for modern legal theory and practice
A conclusion may be drawn, based on the analysis of allowability of criminal-procedural evidences which include legitimacy of the source of information relating to the facts and ways of obtaining and fixation of information mentioned in the order stipulated by the code of criminal procedure
In this article the method of anti-corruption expertise is considered from the point of view of the standard rules of legal technics. For the first time at the federal level corruption factors established the necessary rules of legal technics, which was illustrated by the examples. The recommendations on the establishment of open-ended list of factors of corruption and the rapid adoption of the federal law on laws and regulations were given
The article is devoted to the main basis of exemption from criminal responsibility in connection of reconciliation with the victim. The essence of conciliation is analyzed, its features are determined, the definition is given. The necessity of its consolidation in criminal law is established
Modern legal experts often underestimate the importance of the crime scene examination. However, even when a crime scene is examined by a coroner the goal of the investigative procedure is not always achieved as in Russian investigative practice the detailed examination is often mistaken for the expertise. In order to study the problems of the investigative examination the author has carried out a thorough analysis of the major stages of the crime scene examination method development in Criminal Procedure and Criminalistics
The competitiveness principle is answered to the full with a situation when proofs the charge party at first represents, then - the protection party, and each of them proves legitimacy of the conclusion and criticises arguments of the opponent. The court definitively should solve, what proofs to reject and what to accept and to pronounce on their basis the sentence. Meanwhile in a criminal trial science separate authors believe, that research of proofs in competitive order practically appears impracticable. The article of the author is devoted to these and other problems
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
As a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families