Field Investigator (Sleuth). Issue No. 2 (39) for 2014

oblojka_39

Problems of Contemporary Investigative Theory and Practice

A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
In search of the essence of contemporary operational-investigative activity: a view by syskologist.
Annotation. The author outlines the issue of defining the essence of contemporary operational-investigative activity (as carried out in the Russian Federation after 1992), defines the latter and describes its main features. Besides, he explores the basis of the essence of operational-investigative activity and demonstrates its contradictions.
Key words: basis of the essence, basic contradiction of the essence of contemporary operational-investigative activity, essence of operational-investigative activity, syskologist, syskologiya.

V.K. Aulov, Associate Professor, Baikal State University of Economics and Law (Chita), Cand. Sc. (Law), e-mail: vladimiraulov@list.ru,
Yu.N. Tuganov, Senior Researcher, Institute for Law Enforcement Activities of the Russian Customs Academy (Lyubertsy, Moscow region), Doctor of Law, Associate Professor, e-mail: yurij-tuganov@yandex.ru.
New laws on disciplinary responsibility of judges and operational-investigative procedure.
Annotation. The authors consider whether it is possible to conduct undercover operational-investigative actions against a judge in the framework of ongoing disciplinary procedure.
Key words: disciplinary responsibility of judges, operational-investigative activity, court system, federal judge.

S.I. Davydov, Professor, Department of Criminal Procedure and Criminalistics at the Altai State University (Barnaul), Doctor of Law, e-mail: davidov_ord@mail.ru.
On the implementation of the situational approach to the development of crime detection techniques.
Annotation. The article deals with the problems of formation of private methods for operational-investigative activity based on situational approach. Certain recommendations for the development of standard operational-investigative situations are set out.
Key words: operational-investigative methods, crime detection, a set of recommendations, operational-investigative situations.

G.A. Kornilov, Senior Researcher, Institute for Law Enforcement Activities of the Russian Customs Academy (Lyubertsy, Moscow region), Doctor of Law, tel. 8-495-722-9064,
S.A. Sukhorukov, Junior Researcher, VNII IBiS (Moscow), e-mail: oper-ord@mail.ru.
Information support to operational-investigative activity, or the state system of legal statistics.
Annotation. The authors provide theoretical and practical substantiation of the need to preserve the order of formation of information and reference, operational-investigative records using statistical cards as set forth by an interdepartmental order of 29 December 2005 on the Unified Criminal Records. Also they propose to reorganize the Main Information and Analysis Center of the Ministry of Internal Affairs of Russia into interdepartmental information and analysis center.
Key words: information support, operational-investigative activity, legal statistics.

A.A. Nekrasov, Professor, Moscow Institute of Border Service of the Federal Security Service of Russia, Doctor of Military Sciences, Professor, e-mail: nekrasov-md@yandex.ru,
K.A. Kosikov, Adjunct, Moscow Institute of Border Service of the Federal Security Service of Russia, e-mail: kirillkosikov@rambler.ru.
Main features of the operational-investigative activities implementation by border authorities in the context of economic integration between the states: a legal aspect.
Annotation. Some theoretical issues of the legal groundwork for operational-investigative activity of border authorities under new economic conditions are discussed. The necessity to legitimate the measures designed to coordinate the efforts of the member states of the Customs Union to influence on cross-border crimes are substantiated.
Key words: source of law, international legal instruments, operational-investigative activity, legal support, Customs Union.

E.N. Kholopova, Professor, Department of Criminal Law Disciplines at the Kaliningrad Institute of Frontier Service of the Federal Security Service of Russia (Kaliningrad), Doctor of Law, Professor, e-mail: elchol@mail.ru,
M.A. Machugin, Adjunct, Department of Criminal Law Disciplines at the Kaliningrad Institute of Frontier Service of the Federal Security Service of Russia (Kaliningrad), e-mail: mikha08@mail.ru.
Topical issues of legal regulation of the use of information systems in operational-investigative activities.
Annotation. The article discusses certain theoretical and practical issues in the field of legal regulation of the use of information systems by operational units while carrying out operational-investigative actions. It also highlights the ways to improve legal regulation of the use of information systems.
Key words: information systems, operational-investigative activity, «an inquiry» as an operational-investigative action.

A.G. Tsivkunov, Lecturer, Department of Criminal Procedure and Forensics at the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia, tel. 8-985-923-4497.
Special relevance of the results of operational-investigative activity in investigation of crimes disorganizing detention facilities.
Annotation. The article explains the special relevance of the results of operational-investigative activity in investigation of crimes disorganizing detention facilities and discusses various points of view on the assessment of operational-investigative activity in the course of their provision and subsequent use in the investigation process. The author gives a number of tactical recommendations for some operational-investigative activities, as well as the use of their results in procedural or non-procedural form.
Key words: use of the results of operational-investigative activity, penitentiary crimes, investigation of crimes in detention facilities.

L.E. Schetnev, Senior Lecturer, Department of Operational Work Organization at the All-Russian Law Institute of the Federal Penitentiary Service of Russia, Cand. Sc. (Law) (Vladimir), e-mail: Ls1974@mail.ru.
Certain topical issues of provision of the result of operational-investigative activity.
Annotation. The author attempts to identify legislative gaps and collisions in the procedure for provision of the results of operational-investigative activity. Certain provisions of the Criminal Procedure Code of the Russian Federation, the Federal Law on Operational-Investigative Activity and some other laws and regulations are analyzed. Based on the analysis thereof, certain conclusions are made and the ways to resolve the outlined issues are proposed.
Key words: operational-investigative actions, authorities involved in criminal proceedings, realization, results of operational-investigative activity, Federal Law on Operational-Investigative Activity.

E.N. Yakovets, Professor, Department of Operational-Investigative Activity at the Administration Academy of the Ministry of Internal Affairs of Russia (Moscow), Doctor of Law, Associate Professor, e-mail: kosha997@mail.ru.

Information security issues in professional investigation activities.

Annotation. The article discusses the concept of information security as one of the ways to collect information in the field of prevention of threats to the national security of the Russian Federation, as well as one of the basic elements (functions) of the organization of operational-investigative activity.

Key words: information security of individuals, society and states, protection of information with restricted access, protection of information and telecommunication systems, personal information security.

Tribune of Candidates for Degrees in Law

V.A. Gusev, Candidate for a Doctor’s Degree in Law at the Omsk Academy of the Ministry of Internal Affairs of Russia, Cand. Sc. (Law), Associate Professor, Member of O(sy) editorial board, e-mail: GusevVA@mail.ru.
The grounds for and condition of operational-investigative actions: the problems of legal regulation and the ways to resolve them.
Annotation. The author considers the implementation problems of operational-investigative laws concerning operational-investigative actions, as well as shares his view to the perspectives of legal regulations of the grounds for and conditions of operational-investigative actions.
Key words: operational-investigative activity, grounds for operational-investigative actions, procedure, conditions of operational-investigative actions.

Papers of the Extradepartamental Institute for Scientific Research of Security and Investigation (Pullout magazine)

I.V. Avdonin, Researcher, VNII IBiS (Moscow), e-mail: oper-ord@mail.ru.
Information support to criminal investigation and improvement of legal regulation thereof in some directions.
Annotation. The author defines some concepts and makes suggestions as to how to improve legal regulation of information support to criminal investigation.
Key words: forensic information, significant forensic information, information support to criminal investigation.

V.V. Tsukanov, Senior Researcher, VNII IBiS (Moscow), Cand. Sc. (Law) (Moscow), e-mail: oper-ord@mail.ru.
Intelligence, counterintelligence and operational-investigative activity — a triad of professional investigation?
Annotation. The author considers the issue of interaction between intelligence, counterintelligence and operational-investigative activities of Russian secret services and law enforcement authorities and analyzed certain legal aspects of Russian legislation in the field of counterintelligence and operational-investigative activities.
Key words: counterintelligence activity, operational-investigative activity, professional investigation, syskologiya, intelligence activity.

 

Allied Areas of Scientific Knowledge and Practice

I.A. Admiralova, Associate Professor, Department of Operational-Investigative Activity of Internal Affairs Authorities at VIPK of the Ministry of Internal Affairs of Russia (Domodedovo), Cand. Sc. (Law), Associate Professor, e-mail: irina_adm@mail.ru,
T.I. Vorobyova, Senior Lecturer, Moscow University of the Ministry of Internal Affairs of Russia (Moscow).
The procedures of inspection of the crime scene in human trafficking cases.
Annotation. Specific features of the procedures of inspection of the crime scene in human trafficking cases are considered. Tactic features are outlined depending on the stage of human trafficking.
Key words: documents, places of holding the victim, inspection of vehicles, inspection of the crime scene, human trafficking.

M.A. Matorin, Associate Professor, Department of Operational-Investigative Activity at the Moscow University of the Ministry of Internal Affairs of Russia, Cand. Sc. (Law), Associate Professor,
Y.N. Matorina, Associate Professor, Department of Criminal Law at the Moscow University of the Ministry of Internal Affairs of Russia, Cand. Sc. (Law), Associate Professor, e-mail: yulyamatorina@yandex.ru.
Topical issues of the counter-terrorism legal system formation.
Annotation. Current laws and regulations in the field of countering terrorism are analyzed in the article. Topical issues are outlined and suggestions are made as to how to resolve them.
Key words: terrorist crimes, countering terrorism, to improve anti-terrorism legislation.

N.A. Yurkevych, Head of the Department of Criminal Procedure and Forensics at the Kemerovo State University, Cand. Sc. (Law), Associate Professor, e-mail: koloss2@mail.ru.
Revival of judicial control over the quality of preliminary investigation revisited.
Annotation. The author considers the essence and consequences of the abolition of juridical control over the quality of preliminary investigation at the stage of scheduling a trial. Upon analysis of legislative changes and certain judgments of the Constitutional Court and the Supreme Court of the Russian Federation, the author substantiates the conclusion that waiver of the courts’ controlling powers at the of stage of scheduling a trial as introduced by a reform is a mistake.
Key words: judicial control, preliminary investigation, to schedule a trial.

 

Review Page

A.E. Sharikhin. Scientific potential of operational-investigative activity as a real force. Review of the monograph by A.Yu. Shumilov «Operational-investigative science in the Russian Federation: monograph. / A.Yu. Shumilov. In three volumes. Moscow: Publishing house of I.I. Shumilova, 2013. Volume I: Operational-investigative activity and the formation of science about it. — 455 pages. (Theory and practice of professional investigation)».

 

Index of the Articles Published in 2013

№ 1(34) January 2013oblojka_34 № 2(35) April 2013oblojka_35 № 3(36) July 2013oblojka_36 № 4(37) November 2013oblojka_37