Field Investigator (Sleuth). Issue No. 3 (40) for 2014

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Problems of Contemporary Investigative Theory and Practice

Current state and perspectives of operational-investigative science in the Russian Federation: papers of the round table held to discuss a monograph by professor A.Yu. Shumilov «Operational-investigative science in the Russian Federation. Volume I: Operational-investigative activity and establishment of the science thereof» (Lyubertsy, Moscow region, 23 April 2014)

GENERAL PROBLEMS OF OPERATIONAL-INVESTIGATIVE SCIENCE (SYSKOLOGIYA)

Alexander Yulievich Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
Condition and Prospects of the Operational-Investigative Science in the Russian Federation: Scientific Report.
Annotation. Some key ideas of the author’s monograph, which was the basis for discussions at the round table, were set out and described in the scientific report at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014).
In particular, the real environment in which the operational-investigative science was developed in Russia, was considered. Its new name — syskologia — was proposed. Some problems relating to the establishment of this science were analyzed. Prospects for further scientific researches of operational-investigative activity were outlined.
Key words: operational-investigative science, prospects of the operational-investigative science, nature of the operational-investigative science, current operational-investigative activity, condition of the operational-investigative science, establishment of the operational-investigative science, syskolog, and syskologia.

Ivan Ignatievich Basetsky, Doctor of Law, Professor, Honored Lawyer of the Republic of Belarus (Minsk), member of the Editorial Board’s Foreign Section at O(sy) e-mail:nio_academia@mail.ru.
Condition and Prospects of the Operational-Investigative Science in the Union of the Russian Federation and the Republic of Belarus.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, absentee form). In particular, a problem relating to the development of the operational-investigative science in the Union of Russia and Belarus was raised subject to the level achieved in the soviet and post-soviet periods and innovative approaches to defining prospects for forming the Union’s common investigation theory, private theories and investigative law institutes, and the science relating to professional activities of investigators — syskologia.
Key words: innovative approaches, investigative law institutes, common investigation theory, operational-investigative science in the Union of Russia and Belarus, prospects for the operational-investigative science in the Union of Russia and Belarus, private investigation theories, syskologiya.

Sergey Ivanovich Zakhartsev, Deputy CEO, Russian Machines Corporation (Moscow), Doctor of Law, e-mail: Sergeyivz@yandex.ru.
Some General Problems of Scientific Papers in the Field of Operational-Investigative Activity.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, absentee form). In particular, the author outlines nine problems typical for the current condition of the operational-investigative science based on a number of researched scientific papers.
Key words: operational-investigative science, science problems, operational science, and syskologia.

Vladimir Afanasievich Kozlov, Professor, Financial and Economic Investigation Chair, Supreme Audit School, M. V. Lomonosov Moscow State University (Moscow), Ph.D. in Law, Professor, tel. 8-916-648-8893.
Operational-Investigative Science as Reality.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, joint presence). In particular, ideas of A. Yu. Shumilov, Professor, regarding existence of the operational-investigative science in Russia and its new name — syskologia — were encouraged. The conclusion regarding the time when the operational-investigative science was recognized (1995) was supported.
Key words: operational-investigative science, origin of the operational-investigative science, professional investigation, and syskologia.

Valery Pavlovich Kroshko, honored member of the Editorial Board at O(sy) (Kiev, Ukraine), e-mail: kroshko-valerijj@rambler.ru.
Investigation Philosophy of Professor A. Yu. Shumilov.
Annotation. Some issues were discussed at the round table ‘Condition and Prospects of the Operational-Investigative Science in the Russian Federation’ (Moscow Region, Lyubertsy, April 23, 2014, absentee form). In particular, favorable and critical comments were given on pursuing the investigation philosophy of Professor A. Yu. Shumilov when considering syskologia issues.
Key words: operational-investigative science, essence, investigative activity, syskologia, investigation philosophy, and phenomenon.

Valery Viktorovich Tsukanov, Senior Researcher, Departmental Scientific Research Institute of Security and Investigation Studies (IBiS), Ph.D. in Law (Moscow), e-mail: oper-ord@mail.ru.
Operational-Investigative Science (Syskologia) in the Vision of Professor Yu. Shumilov.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, absentee form). In particular, key ideas contained in the monograph of A.Yu. Shumilov were analyzed and favorably estimated. The opinion was supported that the operational-investigative science had been officially recognized in Russia since 1995.
Key words: operational-investigative activity, operational-investigative science, professional investigation, and syskologia.

PROBLEMS OF SOME THEORIES, STUDIE AND CONCEPTS OF OPERATIONAL-INVESTIGATIVE SCIENCE (SYSKOLOGIYA)

Alexey Vyacheslavovich Agarkov, Assistant Professor, Chair of Operational-Investigative Activity, Vladimir Law Institute, Federal Penal Enforcement Service of Russia (Vladimir), Ph.D. in Law, Assistant Professor, e-mail: agarkov2107@rambler.ru.
Theoretical Problems of Operational-Investigative Measures in the Penal Enforcement System of Russia and Probable Ways to Solve Them.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, absentee form). In particular, problematic aspects of the current operational-investigative laws were considered with respect to activities of operational departments in the penal enforcement system of Russia. It was concluded that it would be required to improve the legislative regulation of operational-investigative activity. Proposals were made on clarifying some regulatory directives.
Key words: operational-investigative science, operational-investigative activity, penitentiary counter-intelligence, problems of operational-investigative activity, and penal enforcement system.

Andrey Yurievich Vvedensky, Assistance Professor, Chair of Criminal Procedure Law, Volga Branch, Federal State Budget Education Institution of Higher Professional Education Russian Justice Academy (Nizhny Novgorod), Ph.D. in Law, Assistant Professor, e-mail: pfrapdekan@gmail.com.
Conscience in Operational-Investigative Activity.
Annotation. Conscience was considered as an ethic category of operational-investigative activity. It means spiritual strength and originates from heart of hearts. It is conscience that plays the key part in implementing principles of operational-investigative activity.
Key words: law, ethic category, operational-investigative activity, Russian spirit, and conscience.

Petr Ivanovich Ivanov, member of the Editorial Board at O(sy), Doctor of Law, Professor, Honored Lawyer of the Russian Federation, tel. 8-909-974-2186.
Some Issues of Methodological Support to Activities of Economic Security and Anti-Corruption Departments in Light of the Operational-Investigative Science Requirements.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, joint presence). In particular, some issues relating to the methodological support to activities of economic security and anti-corruption departments in current conditions were considered. Proposals on their solving were made.
Key words: methodological support, operational-investigative science, organization of operational-investigative activity, efficiency improvements, and economic security and anti-corruption departments.

Roman Vladimirovich Kuleshov, Deputy Head for Scientific Work, Federal State Educational Institution of Additional Post-Graduate Education Russian Institute of Skills-Raising for Officers of the Ministry of the Interior of Russia (Domodedovo, Moscow Region), Ph.D. in Law, e-mail: kouleshov_rv@rambler.ru.
Specific Features of Investigative Work in the Course of Operational and Combatant Measures for Preventing Extremist and Terroristic Activities.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, absentee form). In particular, specific features of some operational-investigative measures in the course of operational and combatant measures to prevent extremist and terroristic activities were analyzed.
Key words: exploration of objects and documents, inquiries, operational combination, operational and combatant prevention, operational and investigative measure, operational-investigative science, interview, control purchase, collection of samples for comparative research, terroristic activities, terrorist, and extremism.

Konstantin Mikhailovich Lobzov, member of the Editorial Board at O(sy), Doctor of Military Sciences, Assistant Professor, e-mail: lobzovk@mail.ru.
Influence Agent as a Criminal Subject for Secret Promotion of Foreign Interests in His Country (Theoretical and Methodological Analysis).
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, joint presence). In particular, a report on the essence of influence agents was delivered. Influence agents were classified by the criterion of relation to foreign or domestic special services. The criminological side of (foreign) influence agents’ operations as crimes of treason type was considered.
Key words: influence agent, recruiting, foreign special services, criminal subject, operational-investigative science (syskologia), and intelligence.

Igor Lvovich Khromov, Professor, Chair of Operational-Investigative Activity, Moscow University of the Ministry of the Interior of Russia (Moscow), Doctor of Law, tel. 8-985-923-4497.
Ethnic Confidential Staff Forming and Functioning.
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, joint presence). In particular, topical issues relating to the assistance of citizens in preventing crimes of foreigners were considered and a system was proposed for forming confidential staff on ethnic basis.
Key words: confidant, criminogenic environment, operational-investigative science, operational contact, informer, and investigative capabilities.

Evgeny Nikolaevich Yakovets, Professor, Chair of Operational-Investigative Activity Organization, Management Academy of the Ministry of the Interior of Russia (Moscow), Doctor of Law, Assistant Professor, e-mail: kosha997@mail.ru.
Regarding Operational-Investigative Activity in Authorities of the Interior (Report at the Round Table «Condition and Prospects of the Operational-investigative Science in the Russian Federation»).
Annotation. Some issues were discussed at the round table «Condition and Prospects of the Operational-Investigative Science in the Russian Federation» (Moscow Region, Lyubertsy, April 23, 2014, joint presence). In particular, efforts of A. Yu. Shumilov and his fellow-thinkers in developing of the new science, syskologia, were favorably estimated. Subjects of operational-investigative activity in authorities of the interior of Russia were clarified. The essence of informative and analytical work in operational-investigative activity and its role in consolidating various types of professional investigation were considered.
Key words: analytical work in operational-investigative activity, non-operational police departments, operational-investigative activity in authorities of the interior, operational-investigative science (syskologia), operational-investigative measures, and professional investigation.

Masters of Theory and Practice of Professional Investigation

Sergey Ivanovich Zakhartsev, Deputy CEO, Russian Machines Corporation (Moscow), Doctor of Law, e-mail: Sergeyivz@yandex.ru.
In Memory of the Teacher. About Professor Viktor Ivanovich Rokhlin (1926—2014).
Annotation. Story about life and professional activities of a famous Russian lawyer, V. I. Rokhlin.
Key words: professional legal activities, V. I. Rokhlin.

Tribune of Candidates for Degrees in Law

Alexey Evguenievich Ilyin, Doctoral Candidate, Nizhny Novgorod Academy of the Ministry of the Interior of Russia, Candidate of Science in Psychology, tel. 8-925-514-3764.
Structural and Functional Features of Organized Criminality.
Annotation. Some issues relating to combating the organized criminality in the Russian Federation were considered. Its structural and functional features were analyzed.
Key words: operational-investigative activity, organized criminality, structural and functional features.

Ilkham Malik ogly Aliev, Researcher, Institute of Philosophy and Law, Azerbaijan National Academy of Sciences (Baku, Republic of Azerbaijan), e-mail: ilham-aliyev0@mail.ru.
Islamic Law and its Role in the Scientific and Legal Area.
Annotation. At the present stage of development in Azerbaijan, the role of Islamic law as part of the religion of Islam grows significantly. It has been concluded that the term ‘Muslim law’ does not reflect accurately the legal phenomenon of Islamic law, which is based on the religion of Islam. At the same time, it has been defined that the Islamic law is a kind of legal law.
Key words: Islamic law, Muslim law, and legal law.

Allied Areas of Scientific Knowledge and Practice

Anna Borisovna Grankina, Assistant Professor, Chair of Investigative Authority Activity Management, Academy of the Investigative Committee of the Russian Federation (Moscow), Ph.D. in Law, e-mail: asia833p@yandex.ru.
Procedural Control as a Way to Ensure Legality in the Current Paradigm of Operational-Investigative Activity.
Annotation. Some problematic issues relating to submitting deliverables of operational-investigative activity to an investigator were considered. Proposals were made on the possibility to provide to officers of the Investigative Committee powers of procedural control over activity of operational-investigative authorities to ensure legality when submitting deliverables of operational-investigative activity.
Key words: errors, procedural control, deliverables of operational-investigative activity, and Investigative Committee.

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