Field Investigator (Sleuth). Issue No. 2 (55) for 2018
Problems of Theory and Practice of Modern Operative Search Activity
Irina Aleksandrovna Admiralova, Professor of the Chair of Training Policemen for Public Order Protection Units and Units on Migration, All-Russian Institute of Advanced Studies of the Ministry of Internal Affairs of Russia (VIPK MVD) (Domodedovo), PhD. in Law, Associate Professor, e-mail: irina_adm@mail.ru.
Operative search ensuring the protection of the rights and freedoms of citizens from criminal encroachment.
Annotation. Operative search ensuring the protection of rights and freedoms of citizens as an object of protection from criminal encroachment is considered in the article and its brief description is given. The concepts of operative search suppression and prevention of crimes are disclosed.
Key words: methods of operative search support, operative search activity, operative search ensuring, police, rights and freedoms of citizens, principles.
Aleksey Sergeivich Arkhipov, Deputy Head of Police Department № 3 (for the Northern district) of the Directorate of the Ministry of Internal Affairs of the Russian Federation for the City of Orel, PhD in Law, e-mail: aleksey9957@rambler.ru.
The actions and decisions of officials and authorities conducting operative search activity, as the subject of appeal in accordance with article 125 of the Criminal procedure code of the Russian Federation.
Annotation. Selection criteria of the criminal-procedural order of appeal to the court of actions and decisions of the subjects of operative search activity are described in the article.
Key words: operative search activity, commission, preliminary investigation, criminal prosecution.
Evgeny Vladimirovich Buryakov, Professor of the Chair of Operative Search Activities of Internal Affairs Bodies, Omsk Academy of the Ministry of the Interior of Russia, e-mail: bur.e2010@yandex.ru.
Knowledge of search activity in relation to its goals and objectives.
Annotation. The goals and tasks of search activity are considered from the standpoint of the process of scientific cognition. The conclusion is made that it is necessary to make amendments to Art. 2 of the Federal Law «On Operative Search Activity» for «identifying the unknown persons (both living and dead)».
Key words: objectives, operative search activity, operative search science, cognition, razyskologia, search, goals.
Alexander Victorovich Vasiliev, Senior Operations Officer for ATS OPK Sevastopol Customs, e-mail: Aleksandrvasiliev1@mail.ru,
Alexander Yulievich Shumilov, Professor of the Chair of Operative Search Activity at the Law Enforcement Institute, Russian Customs Academy, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
The features of the operational experiment on bribery in customs.
Annotation. Some features of the experiment in modern conditions of operative search activity «Operative search experiment» on combating bribery in customs are highlighted and studied in the article. The difficulties encountered in its implementation are analyzed.
Key words: bribe, corruption, operative search activity, operative search action, operational experiment, customs business.
Eduard Anatolyevich Vasiljev, Chief Research Fellow of SRC № 3 FGKU «All-Russian Research Institute of MIA of Russia», Doctor of Law, Associate Professor, e-mail: vea62@rambler.ru,
Natalia Nikolaevna Dyachenko, Leading Research Fellow of SRC № 3 FGKU «All-Russian Research Institute of MIA of Russia», PhD in Law.
On the issue of discrediting employees of internal affairs bodies.
Annotation. In the article the questions of discrediting the employees of internal affairs bodies are considered by the authors. The description of the criminal environment that uses discredit as a form of counteracting lawful activity of law enforcement bodies is given.
Key words: combating crime, discredit, corruption, criminal environment, imperfection of regulatory legal acts, organized crime, internal affairs bodies, reform of law enforcement agencies.
Vitaly Fyodorovich Vasyukov, , senior lecturer of the department of criminalistics and preliminary investigation in the police Department of the Oryol law Institute of the MIA of Russia named after V.V. Lukyanov, PhD. in Law, e-mail: vvf0109@yandex.ru.
Some issues of obtaining computer information in the implementation of operative search activity.
Annotation. Legal aspects of obtaining computer information in the framework of the operative search activities envisaged by p.15 part 1 article 6 of the Federal law «On operative search activity» are considered in the article.
Key words: mobile devices, operative search activity, operative search event, obtaining computer information, technical channels of communication.
Irina Gennadievna Kornilova, PhD. in Psychology, e-mail: sviatosha003@gmail.com,
Husein Bagavdinovich Маgomedov, Rector of SK FGBOU VO All-Russian State University of Justice (RPA MYU RF), PhD. in Law,
Gennady Alexandrovich Коrnilov, Leading Research Fellow of the Russian Customs Academy, Doctor of Law,
Professional investigation (sysk) and falsification of foodstuffs.
Annotation. The article is devoted to the analysis of the current state of the sphere of protecting rights and interests of consumers. The attention is focused on specific character of establishment and documentation of products falsification, correct formation of evidence of the number of victims and the damage caused to them.
Key words: safety of foodstuffs, classification of violations in the sphere of production and sales of falsified goods, public organization for the protection of the rights and legitimate interests of consumers (ООZPP), professional investigation (sysk), falsification of goods.
Alexander Vasilievich Churkin, Associate Professor of the Chair of Criminal Procedure, Military University of the Ministry of Defence of the Russian Federation (Moscow), Ph.D. in Law, Associate Professor, e-mail: tschurkinalex@mail.ru.
Some legal aspects of conducting operative search activity «Obtaining computer information».
Annotation. New operative search activity «Obtaining computer information» is considered from the legal positions of its carrying out. Its connection with other operative search activities (inquiry and survey) is shown in the article.
Key words: information, obtaining computer information, conducting operative search activity.
Tribune of Candidates for Degrees in Law
Valery Nikolaevich Bozhko, Research Worker of VNII IBiS (Moscow), Candidate for a Ph.D. Degree in Law (Adjunct), e-mail: bozhki80@mail.ru.
Prospects for development of legal regulation of operative search inspection in «normal» conditions and in combat conditions.
Annotation. The prospect (necessity) of improving the legal regulation of operative search action «Inspection of premises, buildings, constructions, sites of district and vehicles» in different conditions, including combat conditions, is considered in the article.
Key words: inspection of premises, buildings, constructions, sites of district and vehicles, operative search inspection, operative search activity, legal regulation, combat conditions.
Vladimir Olegovich Ivenin, Candidate for a Ph.D. Degree in Law (Adjunct), Nizhny Novgorod Academy of the MIA of Russia, e-mail: 073297@gmail.com.
On the directions of criminal-legal support of operative search activity: the prospects of criminalization.
Annotation. The necessity to create a mechanism of criminal law provision of operative search activities is considered in the article, in particular, its protection on an equal basis with preliminary investigation.
Key words: operative search activity, provision, criminal law.
Allied Areas of Scientific Knowledge and Practice
Victor Victorovich Merkuriev, Doctor of law, Professor, Head of the Department of the Research Institute, the Academy of the Prosecutor’s General Office of the Russian Federation, e-mail: merkuriev-vui@mail.ru,
Olga Nikolaevna Tisen, Senior Prosecutor of the Department for Supervision over Execution of Laws on Federal security, International Relations, Counteracting Extremism and Terrorism, the General Prosecutor’s Office of the Russian Federation, Ph.D. in Law, e-mail: olga-tisen@yandex.ru,
Alexei Leonidovich Аristarkhov, Leading Research Fellow of the Research Institute, the Academy of the Prosecutor’s General Office of the Russian Federation, e-mail: alaris700@mail.ru.
Complex problems of the application of the Institute of pretrial agreement on cooperation and ways of their solution.
Annotation. The article is devoted to the results of monitoring enforcement of the provisions of the code of criminal procedure and the criminal code regulating the grounds and procedure for the conclusion of pretrial cooperation agreements. Taking them into account the conclusion on the shortcomings of legal regulation of the procedure for concluding pretrial agreements on cooperation in relation to pretrial production is made. The article draws attention to the fact that before concluding a pretrial agreement on cooperation it is expedient for the Prosecutor to examine operational records. The authors differentiate the possibilities provided by the law for concluding pretrial cooperation agreements, including cases of crimes committed by members of criminal communities (criminal organizations), and pay attention to related features and reveal their content.
Key words: pretrial cooperation agreement, defense counselor, imposition of punishment in case of violation of pretrial agreement on cooperation, the accused, circumstances mitigating the punishment, circumstances aggravating the punishment, operative search activity, the Prosecutor, judicial review of criminal cases in special judicial proceedings, investigator, participants of criminal communities (criminal organizations), a petition for concluding a pretrial agreement on cooperation.
Alexander Sergeevich Rogov, Senior Research Fellow of VNII IBiS (Moscow), Ph.D. in Law, e-mail: delta_aria@mail.ru.
Perspective directions of scientific support of the legal system of counteraction to terrorism in the Russian Federation.
Annotation. Relevant directions for scientific research in the field of various aspects of security of the Russian Federation from terrorist threats are proposed in the article. Such directions as specification of a conceptual framework in the sphere of counteraction to terrorism; assessment of relevance of the existing legal acts in the sphere of counteraction to terrorism, content of their provisions; ensuring anti-terrorist security of especially significant public officials and other citizens; systematization and definition of all elements of nation-wide system of counteraction to terrorism in the Russian Federation; ratio of particular legal regimes and their differentiation; the main prospects and directions of activity development of interdepartmental bodies, other authorized organizations in the sphere of counteraction to terrorism both on the regional, and municipal levels; development of such directions of counteraction to terrorism as fight, prevention and minimization (elimination) of consequences, involvement of civil society institutions and business community in the preventive work are distinguished.
Key words: providing security, nation-wide system of counteraction to terrorism, scientific support, prospects for scientific research, legal system of counteraction to terrorism, counteraction to terrorism.
Dmitry Borisovich Chernyshev, Deputy Head of the Investigative Department of the Inter-municipal Directorate of the Ministry of Internal Affairs of Russia «Nizhny Tagil» (Nizhny Tagil, Sverdlovsk Region), e-mail: Sledstvient404@mail.ru.
Some issues related to the organization of pre-investigation checks on reports of crimes related to theft in housing and communal services.
Annotation. Typical recommendations on necessary measures conducted in the pre-investigation check on reports of crimes related to theft in housing and communal services sector are given. Positive experience of involvement of specialists in the field of economics and accounting in the events held is considered, a list of information and documents to be obtained in the framework of pre-investigation checks with a view to their preservation, and optimization of further preliminary investigation is given.
Key words: accounting, pre-investigation check, housing and communal services, check, crime report, specialist, criminal case, examination.
Operative Search Activity Abroad. International Cooperation
Vasily Dmitrievich Larichev, Chief Research Fellow of All-Russian Research Institute of the Ministry of the Interior of Russia, Member of O(sy) editorial board, Doctor of Law, Professor, Honored Scientist of the Russian Federation, e-mail: larichev48@mail.ru.
Interaction of operational and investigative units of the CIS countries in the fight against transnational crimes.
Annotation. The article reveals the issues of combating transnational crime, gives legal regulation to the interaction of the internal affairs bodies of the member-states of the Commonwealth of Independent States and other unions of states established on the CIS territory in the fight against transnational crimes, problems and difficulties arising in the course of carrying out operational and investigative actions.
Key words: Bureau for coordination of combating organized crime and other dangerous types of crime, interaction, international investigative and operational group, transnational crime.
Erik Samvelovich Poghosyan, The Chief of the Seventh Department of the ESD Police Department of Yerevan city of the Republic of Armenia, Adjunct of the Department of Organization of Operative Search Activity, Academy of management of MIA of Russia, e-mail: erik.poghosyan.wadokai@mail.ru.
To the question of citizens’ public assistance to the police in operative search activity (according to the laws of some states).
Annotation. Features of public assistance of citizens to police authorities in implementing operative search activity are considered through comparative analysis of the legislative norms of some states.
Key words: public assistance, legislation of foreign states, citizen, operative search activity, police, crime.
Reefat Rakhmajonovich Yuldoshev, Professor of the Chair of Criminal Process of faculty №2, the Academy of MIA of the Republic of Tajikistan (Dushanbe), PhD. in Law, e-mail: reefat@yandex.ru.
Interdependence of operative search activity and pretrial criminal proceedings in Tajikistan.
Annotation. The article continues the author’s research on interdependence of operative search activity of pretrial criminal proceedings in the context of their rapprochement and consolidation of the use of the results of operative search activity in criminal proceeding.
Key words: proof, pretrial criminal proceedings, modernization, operative search activity, results of operative search activity, law enforcement bodies.
Review Page
Sergey Ivanovich Zakhartsev, Leading Research Fellow, Institute of State and Law, RAS, Doctor of Law, Member of O(sy) editorial board, e-mail: Sergeyivz@yandex.ru.
Where are acuity and ethics? Short commentary to the Second on-line conference materials on syskologia.
Annotation. Some materials of the Second on-line conference «10 years of syskologia formation: reality and perspectives», published in two issues of the magazine «O(sy)» are analyzed in the article. Some critical remarks are expressed.
Key words: on-line conference on operative search science, operative search activity, military sciences, syskologia, legal sciences, science of operative search activity, ethics.
Index of the Articles Published in 2017
№ 1(50) January 2017 |
№ 2(51) April 2017 |
№ 3(52) July 2017 |
№ 4(53) November 2017 |
