Field Investigator (Sleuth). Issue No. 1 (34) for 2013
Problems of Contemporary Investigative Theory and Practice
Problems of some sciences, theories, doctrines and concepts of emerging syskologiya
A.M. Abramov, Senior Researcher of the Institute of Law Enforcement Activity of the Russian Customs Academy (Lyubertsy, Moscow region), Doctor of Law, Professor, e-mail: anat.abramov 2010@yandex.ru
N.E. Simonov, PhD in Law, Professor, Member of O(sy) editorial board, e-mail: sim-ipd@yandex.ru.
Operational combination as a remedy for certain operational and tactical problems applied by anti-corruption units of Russian customs authorities.
Annotation. Certain problems of the formation of a new science were discussed at the first international scientific Internet-conference on syskologiya. In particular, the authors considered remedies for operational and tactical problems arising in the practice of anti-corruption units of Russian customs authorities. The definition of operational combination is given; organization and main rules and stages thereof are considered in the context of departmental operational-investigative science being a part of syskologiya.
Key words: detect corruption crimes, operational combination, operational and tactical situation, rules and stages of operational combination, syskologiya, participants of operational combination.
N.P. Vod’ko, Doctor of Law, Professor, Honored Lawyer of the RF, Member of Foreign Section of O(sy) editorial board (Odessa, Ukraine), e-mail: oper-ord@mail.ru.
Correlation between undercover investigative actions and operational-investigative actions in Ukraine.
Annotation. Certain problems of the formation of a new science were discussed at the first international scientific Internet-conference on syskologiya. In particular, in view of the enactment of the Criminal Procedure Code of Ukraine, the author considered correlation between undercover investigative actions introduced by the new Code and already functioning operational-investigative actions. Suggestions on how to specify certain legal provision were made.
Key words: types of undercover investigative actions, types of investigative actions, types of operational-investigative actions, initiate investigation, undercover investigation, criminal procedure, criminal offence.
E.S. Goldschmidt, Associate Professor of the Department of Psychology and Education of the Kemerovo State University, PhD in Biology, e-mail: goldschmidtes@yandex.ru,
R.G. Drapezo, Lecturer of the Department of Criminal Procedure and Criminalistics of the Kemerovo State University, e-mail: Uri_nit@kemsu.ru.
The concept of preventive criminosyskologiya (by the example of crimes involving firearms).
Annotation. At the first international scientific Internet-conference on syskologiya the authors briefly described an original approach to a new subdivision of criminosyskologiya, i.e. preventive criminosyskologiya. It consists in early detection of individuals at risk prone to commit crimes using the systematic description of human being which includes anatomy and physiology, physiognomic, graphological and other integral aspects of life.
Key words: graphology, criminosyskologiya, psychological profile of a criminal, arithomancy, physiognomy, crimes involving firearms.
V.A. Gusev, Deputy Head (for research) of the Far Eastern Law Institute of the MIA of Russia, PhD in Law, Associate Professor, Member of O(sy) editorial board, e-mail: GusevVA@mail.ru.
Operational-investigative process and procedure: nature, correlation and perspectives of legal regulation.
Annotation. Certain problems of the formation of a new science were discussed at the first international scientific Internet-conference on syskologiya. In particular, the notions «operational-investigative process» and «operational-investigative procedure» were analyzed based on the available scientific achievements. It was suggested form a system of procedural and process rules of operational-investigative legislation and departmental regulation.
Key words: operational-investigative process, operational-investigative procedure, system of process and procedural rules, investigation, syskologiya.
S.V. Zuev, Head of the Department of Criminal Law Disciplines of the South Ural State University (Chelyabinsk), Doctor of Law, e-mail: zuevsergei@newmail.ru.
Operational-investigative activity, investigation and court practice.
Annotation. Certain problems of the formation of a new science were discussed at the first international scientific Internet-conference on syskologiya. In particular, use of the results of operational-investigative activity was defined as part of the investigation. The courts confirmed the legality and validity of use of the results of operational-investigative actions as proof.
Key words: operational-investigative activity, court judgments in operational-investigative activity, investigation, syskologiya.
R.G. Drapezo, Lecturer of the Department of Criminal Procedure and Criminalistics of the Kemerovo State University, e-mail: Uri_nit@kemsu.ru.
Advance information gathering while examining a corpse and a murder scene where fire serves as a tool (method) of concealment of crime.
Annotation. At the first international scientific Internet-conference on syskologiya the author presented his findings on certain specific features of advance information gathering which may become evident at the initial stage of investigation of murders where fire serves as a toll or a method of concealment of crime.
Key words: fire, concealment of crime, examination of a burned body, advance information gathering, investigative regularities, syskologiya, murder.
A.S. Izolitov, Senior Researcher of VNII IBiS, PhD in Law, Associate Professor, e-mail: izolitov@mail.ru.
Expanding the functions of operational divisions in the field of anti-corruption jurisdiction — the need of modern investigative practice.
Annotation. At the first international scientific Internet-conference on syskologiya the author made a report on certain legal problems of expanding the functions of operational divisions in the context of anti-corruption policy of the state and made suggestions on how to solve them.
Key words: operational division, operational-investigative activity, prevention of corrupt practices, syskologiya, requirements for official behaviour.
G.A. Kornilov, Employee of the Russian Customs Academy (Lyubertsy, Moscow region), Doctor of Law, Professor, tel. 8-495-722-9064.
On operational-investigative actions that require a court judgment.
Annotation. At the first international scientific Internet-conference on syskologiya the author made a report on the results of his scientific research on the problem of operational-investigative actions sanctioning by the court.
Key words: limitation of constitutional rights of the man and citizen, operational-investigative activity, operational-investigative actions, judgment, syskologiya.
K.I. Popov, Associate Professor of the Department of Criminal Law Disciplines of Law Institute of Moscow Institute of Transport Engineers, PhD in Law, Associate Professor, e-mail: kipopov@mail.ru.
The lawful infliction of harm in the course of operational-investigative activity.
Annotation. At the first international scientific Internet-conference on syskologiya the author made a scientific report on current issues related to the lawful infliction of harm in the course of operational-investigative activity.
Key words: operational-investigative activity, lawful infliction of harm, syskologiya.
D.N. Fedorenko, Candidate for a PhD Degree of the Department of Operational-Investigative Institute of Law Enforcement Activity of the Russian Customs Academy (Lyubertsy, Moscow region), e-mail: dm-fed-mvd@yandex.ru.
Creation of a system of anti-corruption operational-investigative measures within Russian customs authorities.
Annotation. At the first international scientific Internet-conference on syskologiya the author analysed the system of anti-corruption measures existing within Russian customs authorities and proposed his own classification and main directions of improvement thereof.
Key words: corruption, operational-investigative activity, anti-corruption units of Russian customs authorities, professional investigation, measures.
M.A. Samelyuk, Doctor of History, Professor, Member of O(sy) editorial board, e-mail: m.alekseev1979@mail.ru.
«Syskati» («cыскати») and «razvedati» («разведати»): the evolution of rapprochement (a retrospective journey into historical roots of syskologiya).
Annotation. Certain problems of the formation of a new science were discussed at the first international scientific Internet-conference on syskologiya. In particular, the genesis and rapprochement of the terms «syskati» («сыскати») and «razvedati» («разведати») are considered. Historical roots of syskologiya are defined and researched.
Key words: search, intelligence, types of professional investigation, investigation, syskologiya.
Tribune of Candidates for Degrees in Law
A.S. Rogov, Junior Researcher of VNII IBiS, e-mail: delta_aria @mail.ru.
On the need for providing a legislative framework for operational-investigative jurisdiction.
Annotation. The distribution of competences between the authorities engaged in operational-investigative activity. Amendments to the federal laws on operational-investigative jurisdiction are proposed.
Key words: safety assurance, operational-investigative activity, operational-investigative jurisdiction, statutory regulation, security.
L.A. Avdashkevich, Adjunct of the OORD Department of the Administration Academy of the Ministry of Internal Affairs of Russia, e-mail: mila.avdashckevich@yandeх.ru.
The problems of ensuring constitutional rights and freedoms of citizens when forming automated information retrieval system of general purpose used in investigative activity.
Annotation. The author discusses the problems of compliance with the laws in the process of formation and use of automated information retrieval systems of recording citizens based on experience of foreign and local law enforcement authorities in their development.
Key words: automated information retrieval system, integrated data bank, protection of personal data, investigative activity, solving the problems of operational-investigative activity.
Allied Areas of Scientific Knowledge and Practice
O.V. Damaskin, Professor of Frontier Institute of Moscow, Doctor of Law, Professor, Honored Lawyer of the RF, tel. 8-916-254-3552.
Problems of military law as a science and education revisited.
Annotation. The author considers current problems and perspectives of military law as a science and education, as well as the needs and opportunities for the development of military law in the interests of national security.
Key words: military law, legitimacy, education, defense, security, legal order.
P.I. Ivanov, Professor of Administration Academy of the MIA of Russia, Doctor of Law, Professor, Honored Lawyer of the RF,
Yu.M. Pugachev, Adjunct of the Administration Academy of the MIA of Russia (Moscow), e-mail: ym.pugachev@mail.ru.
Certain problems related to the criminal proceedings relations between an investigator and an attorney.
Annotation. The author considers certain problems related to the criminal proceeding relations between an investigator and an attorney at the per-trial stage and makes suggestions on how to solve them.
Key words: attorney, investigator, criminal prosecution, criminal procedure relations, participants in criminal proceedings.
V.D. Koval’, оперуполномоченный по ОВД СОБР Южной оперативной таможни (Rostov on Don), e-mail: vikros27@mail.ru.
Public prosecutor’s supervision over ensuring the legality of administrative and jurisdictional activity of customs authorities.
Annotation: The author addresses the role of public prosecutor’s office in ensuring of the legality of administrative and jurisdictional activity of customs authorities. Common breaches of legal provisions by customs authorities while bringing to administrative responsibility are indicated.
Key words: administrative and jurisdictional activity, legality, caution, public prosecutor’s supervision, protest, customs authorities, forms of reaction, jurisdiction.
A.Yu. Shumilov, Chief editor and Chairman of O(sy) magazine editorial board, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
Criminal prohibition against tampering with the results of operational-investigative activity (commentary on the new provisions of Article 303 of the RF Criminal Code).
Annotation: The author considers an amendment to the RF Criminal Code which is important for strengthening the legitimacy of operational-investigative activity — adding to Article 303 of the prohibition against tampering with the results of operational-investigative activity. A brief legal analysis of a specific offense (Part 4 Article 303 of the RF Criminal Code) is made. «Hot spots» which require further legislative work are outlined.
Key words: operational-investigative actions, results of operational-investigative activity, criminal responsibility, criminal prosecution, tampering.
Review Page
N.P. Vod’ko, Doctor of Law, Professor, Honored Lawyer of the RF, Member of Foreign Section of O(sy) editorial board (Odessa, Ukraine), e-mail: oper-ord@mail.ru.
A new spin in the history of criminal investigation in the Russian Empire: review of the book by V.N. Chisnikov «Investigative police in Ukraine in the days of the Russian Empire (1880—1917): historical and legal research: manual. Kiev: Research Institute of the Ministry of Internal Affairs of Ukraine, 2011. Book 1: Documents and materials. 939 p. (in the Ukrainian language)».
K.H. Soliev, First Deputy Head of Academy of the MIA of the Republic of Tajikistan, PhD in Law, Honored lawyer of Tajikistan, Militia Colonel, e-mail: rahimov50@inbox.ru.
An important achievement in domestic operational-investigative science: Handbook review: «Rahimov R.H. Operational-investigative activity. General Part: Handbook / R.H. Rahimov. Dushanbe: ER-Graf, 2012. 596 p. (in official language)».
