FIELD INVESTIGATOR (SLEUTH). ISSUE NO. 4 (49) FOR 2016
History of Professional Investigation and Operative Search Activity
Konstantin Sergeevich Petrov, Lecturer at the Chair of Theory of State and Law, Moscow Institute of State and Municipal Management, Ph.D. in Law, e-mail: kspetrov5@gmail.com.
Development of the state secrets protection institute in Russia in the Soviet and post-Soviet periods.
Annotation. The development of the institute of state secrets protection in Russia from the period of the Soviet regime establishment up to the present time is reviewed in the article. It analyzes the main milestones in the development of its elements during that period. It shows the relationship of the foundations formation of the state secrets protection institute alongside with the accompanying institutions of censorship and cryptography in this period. The characteristics of the current state of the institute of state secrets protection in Russia is given in the article.
Key words: state secret, protection of state secrets, the history of state secrets protection, the formation of censorship, stages of state secrets protection development.
Problems of Theory and Practice of Modern Operative Search Activity
Eduard Anatolyevich Vasilyev, Russian MI Chief Agency of Economic Security and Counteracting Corruption (Russian MI ChAES&CC), Head of Management 1, Doctor of Law, assistant professor, e-mail: vea62@rambler.ru,
Tatyana Vyacheslavovna Prokofieva, Federal State organization «National Research Institute of the Ministry of Interior of the Russian Federation», Leading Researcher, Ph.D. in Law, assistant professor.
Operative experiment: foundations and conditions excluding provocation.
Annotation. The notion and the essence of operative search action «operative experiment» are considered in the article. Taking into account the positions of the European Court of Human Rights, the Constitutional Court and the Supreme Court of the Russian Federation the requirements for the foundation and conditions for the operative experiment are considered, observing which allows to avoid provocation and to ensure the legality of its carrying out.
Key word: bribery, documentation, the European Court of Human Rights, commercial bribery, normative legal acts of the Ministry of Interior of the Russian Federation, operative search activity, operative search actions, оperative experiment, internal affairs agencies, unit of Economic Security and Counteracting Corruption.
Chintir Magomedovich Ismailov, Senior Assistant Prosecutor, Makhachkala, (Republic of Dagestan), Ph.D. in Law, e-mail: gukom@yandex.ru.
The essence and peculiarities of legal regulation of tracing missing persons on the present stage.
Annotation. The concept of legal regulation of tracing missing persons is formulated, its essence and peculiarities of legal regulation in this sphere are revealed. It is substantiated that the provisions devoted to tracing missing persons are included in almost all fields of law. Multisubjects (not only law enforcement officers) and different means and methods of tracing missing persons are noted of in the article.
Key words: multisubjects, peculiarities of legal regulation, legal regulation, tracing of missing persons, the essence of tracing missing persons.
Evgeny Victorovich Kuznetsov, Associate Professor at the Chair of Operative Search Activity and Special Technology in Internal Affairs Departments, East-Siberian Institute, Ministry of Internal Affairs of Russia ( Irkutsk), Ph.D. in Law, e-mail: kev300579@gmail.com,
Alexander Evgenievich Stupnitsky, Associate Professor at the Chair of Operative Search Activity and Special Technology in Internal Affairs Departments, East–Siberian Institute, Ministry of Internal Affairs of Russia, Ph.D. in Law, e-mail: czubary@rambler.ru.
The reason for operative search actions, envisaged by subparagraph 1 point 2 part 1 article 7 of the Federal Law «On operative search activity»: problems of the theory and practice.
Annotation. Issues of legal regulation of operative search activity tasks aimed at revealing offenses are considered in the article. The conclusions are made that some norms of operative search legislation do not allow to solve them completely. Ways out of the given situation are offered.
Key words: the detection and suppression of crimes, tasks of operative search activity, classification of operative search actions, the bases for carrying out operative search actions, carrying out rules of operative search actions.
Konstantin Mikhailovich Lobzov, Member of «O(sy)» editorial board, Doctor of Military Sciences, Associate Professor, Honoured Worker of Higher Professional Education of the Russian Federation, e-mail: lobzovk@mail.ru.
On the definition of the concept «operative search tactics» in the theory and practice of operative search activity (theoretic–methodological analysis experience).
Annotation. Non-equality of the concepts tactics» in the art of war and the theory of operative search activity is shown on the basis of comparative analysis. It has been proved that operative search tactics as «methodological instruments» in the theory and practice of operative search activity has been transferred into «mental (cognitive)-psychological phenomenon» groundlessly by some specialists. The author gives his own understanding of the concept of operative search tactics.
Key words: activity, category-notion apparatus, methodics, practical methods, methodology, operative search activity, operatics, operative search body, operative search tactics, operative tactics, psychology of operative search activity, system, strategy, tactics, theory, methodics theory, techniques of research.
Sergey Nikolaevich Meshalkin, Professor at the Chair of Counteraction to Terrorism and Extremism, Professional Development Institute of MIA of Russia, Doctor of Law, Associate Professor, e-mail: ser14106442@yandex.ru,
Valentin Mikhailovich Zhuravlev, researcher, NIC №o. 2 of VNII MVD of Russia.
Some features of operative search characteristics of transnational organized crime.
Annotation. The elements of the operative search characteristics of transnational organized crime due to its legal significance in the field of combating organized forms of crime are defined in the article.
Key words: operative search characteristics, transnational organized crime, combating organized forms of criminality that have transnational ties, threats to national security, the Ministry of Internal Affairs of Russia, international aspects.
Alexander Egorovich Sharikhin, Professor at the Chair of Judicature and Law Enforcement Activity Organization, the Academy of the Prosecutor’s General Office of the Russian Federation, Doctor of Law, Professor, e-mail: profalex54@yandex.ru.
Change of search paradigm as a means of effective ensuring state and public security of Russia under economic crisis.
Annotation. The transition to a new Russian national security strategic level demands more detailed approach to the State public safety including the change of search paradigm in order to determine the optimal scenario to elaborate the offensive strategy in the prevention of crime under economic crisis.
Key words: Russian national security strategy, the concept of public safety, State security, paradigms of search, scenarios of development, prevention of crime strategy.
Alexander Yulievich Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru,
Bakhsheish Mamed ogly Askerov, Foreign section member of O(sy) editorial board, Ph.D. in Law, Associate Professor, e-mail: b.askerov63@mail.ru.
On the points of view of some philosophers and criminalists on the subject of operative search science (syskologia): whether they are correct or not.
Annotation. Points of view of some philosophers and criminalists on the subject of science including operative search science are considered in the article. The authors disagree with those criminalists who refer the subject of operative search science only to criminally important aspects. The subject of operative search science is defined as a «comprehensive concept» of operative search reality.
Key words: forensics, the subject of operative search science, syskologia, philosophy.
Alexander Yulievich Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
Obtaining computer information as a new operative search action: first steps in scientific knowledge.
Annotation. A new operative search action «obtaining computer information» is considered in the article. Its definition is given. Its legally significant content is appraised.
Key words: information, obtaining computer information, operative search action, legal composition of operative search action.
Evgeny Nikolaevich Yakovets, Professor at the Chair of operative search activity organization, Academy of Management, MIA of Russia, Doctor of Law, Associate Professor, e-mail: koshka997@mail.ru,
Anna Alexandrovna Khristenko, Candidate for a Ph.D. degree in Law (Adjunct) of the 3-d Faculty,Academy of Management, MIA of Russia, e-mail: Khristenko_Anna@mail.ru
The right to privacy in the context of activity of subjects of professional investigation of the Russian Federation.
Annotation. In some cases, when it comes to the protection of national security of the state, certain restrictions on the inviolability of privacy rights of certain categories of persons involved in criminal activity come into force. This article discusses the rationale and conditions for the application of such restrictions as regulated by law.
Key words: criminal investigation departments, operative search activity, personal data, prosecutor’s supervision, judicial decision, privacy.
Masters of Theory and Practice of Operative Search Activity
Valery Pavlovich Kuvaldin, Member of O(sy) editorial board, Doctor of Law, Professor, Honored Lawyer of Russia,
Alexander Yulievich Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
Glorious jubilee of a scientist and a practitioner. The 80th Birth Anniversary of Nikolay Petrovich Vodko.
Annotation. Story about life and professional activities of professor N.P. Vodko is presented to the readers.
Key words: N.P. Vodko, operative search activity, professional activity of N.P. Vodko.
Alexander Yulievich Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru,
Victor Nikolaevich Omelin, Honorary Member of O(sy) editorial board, Doctor of Law, Professor, Honored Lawyer of Russia.
The 70th Birth Anniversary of Professor Valery Pavlovich Kuvaldin.
Annotation. Story about life and professional activities of professor V.P. Kuvaldin is presented.
Key words: V.P. Kuvaldin, operative search activity, professional activity of V.P. Kuvaldin.
Sergey Ivanovich Zakhartsev, Member of O(sy) editorial board, Doctor of Law, e-mail: Sergeyivz@yandex.ru.
Victor Petrovich Salnikov’s 70th Birth Anniversary.
Annotation. This article is dedicated to the 70th anniversary of Victor Petrovich Salnikov, doctor of law, professor, academician, distinguished scholar, honorary law enforcement officer, long serving member of the Supreme Attestation Committee’s expert board, former head of IAM University in Saint Petersburg, retired police lieutenant-general.
Key words: V.P. Salnikov, philosophy, law, legal science.
Tribune of Candidates for Degrees in Law
Alexei Vladimirovich Soldatov, competitor of the Academy of Management Russian Ministry of Internal Affairs, EBiPK Head Ministry of Internal Affairs of the Republic of Mordovia (Saransk), e-mail: soldatov.21@mail.ru.
On the urgent problems of OSA organization to combat economic and corruption crimes in the sphere of housing and utility (On materials of the Ministry of Interior of the Republic of Mordovia).
Annotation. This article presents the current problems of the organization of the fight against economic crimes and corruption focusing on the field of housing and utilities and their solutions.
Key words: current problems, housing and utilities, EBiPK unit, organizing operative search activity.
Allied Areas of Scientific Knowledge and Practice
Oleg Dmitrievich Zhuk, Deputy Head of «Osy) editorial board, Doctor of Law, Professor, e-mail: ole375@rambler.ru.
Prosecutor’s supervision over the implementation of laws when providing social rights and special measures of legal and social protection to the officials, who carry out operative search activity.
Annotation. The article is devoted to the issues of social rights and legal protection of officials carrying out operative search activity. Some problematic issues of prosecutor’s supervision over the implementation of laws in the above direction are regarded.
Key words: Operative search activity, the secret staff employees, security, protected persons, public prosecutor’s supervision over the implementation of laws in the OSA.
Victor Victorovich Merkuriev, Doctor of law, Professor, Head of the Department of Research Institute of the Academy of the Prosecutor’s General Office of the Russian Federation, e-mail: merkuriev-vui@mail.ru,
Alexei Leonidovich Аristarhov, Senior Researcher, Ph. D. in Law, Research Institute of the Academy of the Prosecutor’s General Office of the Russian Federation, e-mail: alaris700@mail.ru.
On the problematic issues of applying the results of counter-intelligence and intelligence activity when investigating terrorist crimes.
Annotation. The article is dedicated to the problematic issues of preliminary investigation of terrorist crimes committed beyond the borders of the Russian Federation and the possibility of their solution, in the view of stories, introduced in the criminal and criminal procedural legislation by the Federal law of the Russian Federation on July 6, 2016 № 375-FZ «On amendments to the Criminal code of the Russian Federation and the Criminal procedural code of the Russian Federation regarding the establishment of additional counter-terrorism measures and public security».
Key word: act of international terrorism, foreign terrorist fighters, operative search activity, preliminary investigation, terrorist crimes.
Elena Nikolaevna Kholopova, Member of O(sy) editorial board, Doctor of Law, e-mail: elchol@mail.ru,
Natalia Alekseevna Rener, Аssociate Professor at the Chair of Criminal Procedure, Forensics and Legal Informatics, Law Institute of Baltic Federal University named after Emmanuel Kant (Kaliningrad), Ph.D. in Law, e-mail: kurkovna@list.ru.
15th anniversary of Scientific School of Forensic Situation Science in Baltic Federal University named after Emmanuel Kant.
Annotation. The article considers the formation stages and achievements of scientific school of forensic situation science. The directions of situation approach development in forensics are worked out.
Key words: forensic situation science, scientific school, science community, directions of development, Professor T.S. Volchetskaya.
Operative Search Activity Abroad. International Cooperation
Rashad Ilgar ogly Abbasov, Candidate for a Ph.D. in Law at the Chair of Forensics and Forensic Expertise, Baku State University (Baku), e-mail: b.askerov63@mail.ru.
Historical characteristics of ethnic conflict in the structure of forensic characteristics of crimes.
Annotation. It is noted in the article that the structure of forensic characteristics of national terrorism consists of both traditional components of forensic and historical characteristics of an ethnic conflict as an important element of forensic characteristics of the national terrorism. It is also noted that with the help of forensic historians we could investigate the determinants of crimes against peace and humanity, as well as to uncover, investigate and prevent some crimes motivated by historical memory.
Key words: terrorism, historical characteristics, forensic characteristics, law, crime, national, genocide, conflict.
Review Page
Ramazon Khamro Rakhimzoda, Minister of Internal Affairs of the Republic of Tadjikistan, Leutenant-General of Militia, Ph.D. in Law, Honored Lawyer of Tadjikistan, Full Member of the Academy of Sciences of Complex Security,
Dzhurakhon Zoir Madzhidzoda, Chairman of the Committee on Law and Order, Defence and Security of the Parliament of the Republic of Tadjikistan, Maijor-General of Militia, Doctor of Law, Full Member of the Academy of Sciences of Complex Security,
Karim Khodzhievich Soliev, Deputy Chief of the Academy of MIA of the Republic of Tadjikistan, Ph.D. in Law, e-mail: karsol@mail.ru.
Operative search policy in the context of the state policy and operative search science (review of the book «Zakhartsev, S.I. Operative Search Activity in the XXI Century: monograph / Zakhartsev S.I., Ignaschenkov Yu.Yu., Salnikov V.P. М.: Norma, 2015. — 400 p.»).
Annotation. The monograph by Zakhartsev S.I., Ignaschenkov Yu.Yu. and Salnikov V.P. under the title «Operative search activity in the XXI Century» is under review. Reviewers came to the conclusion that this book is fundamental for the science of operative search activity. The book is rather relevant and popular. We believe that soon this book will become the basis for the science, practice and learning of operative search activity and will be in use for a long time.
Key words: operative search science, operative search activity, operative search policy, the philosophy of operative search activity, philosophy of law.
Index of the Articles Published in 2015
№ 1(42) January 2015 |
№ 2(43) April 2015 |
№ 3(44) July 2015 |
№ 4(45) November 2015 |
