Field Investigator (Sleuth). Issue No. 2 (35) for 2013

History of Professional Investigation

E.N. Yakovets, Professor of the Department of Information Security, Moscow University of the Ministry of Internal Affairs of Russia (Moscow), Doctor of Law, Associate Professor, e-mail:Koshka997@yandex.ru.
Whether V.I. Lenin was a foreign agent? (Information security of the country after October 1917 revisited)
Annotation. The author considers different versions associated with “an espionage trace” in the activities of the Bolshevik party on the eve of the October Revolution. The author comes to the conclusion that the proponents of the version associated with obtaining by Lenin and his supporters of German government subsidies before they came to power, are interested in their denigration or do not take into account the serious danger for the Bolsheviks to be compromised in the eyes of the masses.
Key words: «anglo-saxon» trace, return of V.I. Lenin into Russia via Germany, German spies, professional investigation, spy mania.

Problems of Contemporary Investigative Theory and Practice

Y.M. Antonyan, Chief Research Associate at State-owned Federal State Institution «All-Russian Institute for Scientific Research of the Ministry of Internal Affairs of Russia» («VNII MVD»), Doctor of Law, Professor, Honoured Worker of Science of Russia,
Yu.G. Kasperovich, Leading Research Associate at VNII MVD, Cand. Sc. (Psychology) (Moscow), e-mail: kasper0768@yandex.ru.
Agent’s motives for cooperation with police.
Annotation. Agent’s main motives for cooperation with police and the factors influencing the formation of motivations for cooperation are considered.
Key words: agent, motive, motivation, operational-investigative psychology.

A.E. Chechetin, Doctor of Law, Professor, Honoured Lawyer of Russia, Member of O(sy) editorial board, e-mail: achechetin@mail.ru.
Whether a judgment is required to conduct operational-investigative actions against attorneys?
Annotation. Based on the analysis of the commentaries on current legislation and decisions of the Constitutional Court of the Russian Federation, features of the conduct of operational-investigative actions against attorneys are considered. The answer to the question posed in the title is provided.
Key words: attorney-client privilege, Constitutional Court of the Russian Federation, operational-investigative activities, operational experiment, judgment.

N.N. Kitaev, Associate Professor, Department of Criminal Law Disciplines, Faculty of Law, Sociology and Media of the Irkutsk State University of Technology (ISUT), Cand. Sc. (Law), Associate Professor, Honoured Lawyer of Russia (Irkutsk), e-mail: stripes@inbox.ru,
R.G. Ardashev, Candidate for a Cand. Sc. (Law) Degree, Department of Criminal Law Disciplines, Faculty of Law, Sociology and Media of the ISUT (Irkutsk), e-mail: disser-2011@yandex.ru.
On the ways to interview persons seriously injured in accidents or as a result of attempted murders and suicidal acts. 
Annotation. The ways to get information from goners under uncertain circumstances are considered. The necessity for law-enforcement officers to react promptly to the reports of such injuries is demonstrated.
Key words: operational-investigative activity, interview of a goner, forensic medicine.

R.V. Kuleshov, Deputy Head for Scientific Work of the All-Russian Institute for Continuing Education of Officers of the Ministry of Internal Affairs of Russia (Domodedovo, Moscow region), Cand. Sc. (Law), e-mail: kouleshov_rv@rambler.ru.
Methodological preconditions of the formation of a subtheory of operational and combat countering extremist and terrorist activities.
Annotation. Having outlined the problem of the formation of a subtheory of operational and combat countering extremist and terrorist activities, the author addressed methodological issues which allowed to see the new aspects in the structure of an operational-investigative subtheory.
Key words: methodology of science, methods, operational and military prevention of extremism and terrorism, operational-investigative activity, private theory of operational-investigative activity.

E.N. Holopova, Professor of the Department of State and Legal Disciplines of the Kaliningrad Frontier Institute of the Federal Security Service of Russia, Doctor of Law, Professor, e-mail:www.Elchol@mail.ru
Yu.A. Garmidov, Adjunct of the Kaliningrad Frontier Institute of the Federal Security Service of Russia (Kaliningrad).
On the legislative regulation of the conditions of test purchasing.
Annotation. Separate issues related to test purchasing as an operational-investigative action are considered. The conditions of test purchasing are studied; certain amendments to legislative acts are suggested to improve thereof.
Key words: detection, prevention, suppression and detection of crimes, operational-investigative action, test purchasing, conditions of test purchasing.

A.V. Churkin, Associate Professor of the Criminal Procedure Department of the Military University of the Ministry of Defence of the Russian Federation, Cand. Sc. (Law), Associate Professor (Moscow), e-mail: tschurkinalex@mail.ru.
Is it permissible to monitor «other communications» in operational-investigative activity? (Based on the materials of the European Court of Human Rights.)
Annotation. Case law of the Constitutional Court of the Russian Federation and the European Court of Human Rights related to «monitoring of other communications» is considered. The courts have different opinions on this issue. It is suggested making relevant amendments to the Federal Law on Operational-Investigative Activity to eliminate contradictory practice.
Key words: discreet listening, operational-investigative action.

A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
The problem of learning modern criminal investigative activity as a whole revisited.
Annotation. Certain issues of criminal investigative activity learning are considered. The interrelation between criminal investigative activity and certain types of professional investigative activity, as well as criminal procedure, administrative and administrative procedure activities is shown. The content of criminal investigative activity is discussed.
Key words: operational-investigative activity, signs of criminal investigative activity, professional investigative activity, criminal investigative activity.

Keep discussing the issues outlined at the First international scientific Internet-conference on syskologiya

I.I. Basetsky, Member of the foreign section of O(sy) magazine editorial board, Doctor of Law, Professor, Honoured Lawyer of the Republic of Belarus (Minsk, Belarus), e-mail:nio_academia@mail.ru,
V.Ch. Rodevich, Deputy Head of the Department of Operational-Investigative Activity of the Academy of the Ministry of Internal Affairs of the Republic of Belarus (Minsk, Belarus), e-mail:vulli@rambler.ru.
Syskologiya in Belarus: High time to understand and discuss the problem in a creative way.
Annotation. Some issues related to the implementation of the theory and practice of operational-investigative, counterintelligence, private detective activity and other kinds of professional investigation, the specialization of the O(sy) magazine, are discussed. In particular, the authors show the current state of innovation in the field of operational-investigative activity in the Republic of Belarus, summarize the views of scientists, legislators and officers of operational units to the future of investigation, investigative theories, including the newly emerging science syskologiya which is being actively developed by some Russian and foreign scientists.
Key words: innovation, operational-investigative activity, investigation, system of investigation, syskologiya.

Masters of Theory and Practice of Professional Investigation

V.K. Znikin, Doctor of Law, Professor, e-mail: koloss2@mail.ru,
A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
To the memory of General Vladislav Ivanovich Aleshin. The 90th anniversary of the birth.
Annotation. It is about the life and professional activity of V.I. Aleshin.
Key words: V.I. Aleshin, professional activity of V.I. Aleshin.

Tribune of Candidates for Degrees in Law

V.A. Serednev, Candidate for a Cand. Sc. (Law) Degree of the Department of Criminal Law and Criminalistics of the Lobachevsky State University of Nizhny Novgorod (Arzamas, Nizhny Novgorod), e-mail: naganov1910@mail.ru.
Certain issues in the use of the results of operational-investigative activity as evidence in criminal procedure. 
Annotation. Certain issues in the use and transformation of the results of operational-investigative activity into evidence in a criminal case are considered. It is suggested to bring the results of operational-investigative activity directly into criminal procedure as material evidence and other documents.
Key words: physical evidence, evidence, other documents, information, operational-investigative actions, perception, crime, results of operational-investigative activity, criminal procedure.

N.V. Shaduyko, Candidate for a Cand. Sc. (Law) Degree of the Russian Customs Academy (Lyubertsy, Moscow region), e-mail: ShaidukoNV@ca.customs.ru.
On the question of administrative activities of customs authorities to ensure public safety.
Annotation. Certain issues related to administrative activities of customs authorities to ensure public safety are considered. Based on analysis of the theory of administrative law and practice of customs authorities, the content of this type of administrative activity is defined.
Key words: administrative activity of customs authorities, administrative law, state administration, public safety.

Allied Areas of Scientific Knowledge and Practice

S.V. Ivanov, Head of the Department for Supervision over the Inquiry and Operational-Investigative Activity of the General Prosecutor’s Office of the Russian Federation, State Counsellor of Justice of the 2nd grade, Honoured Lawyer of the Russian Federation,
V.V. Skosarev, Senior prosecutor of the Department for Supervision over the Inquiry and Operational-Investigative Activity of the General Prosecutor’s Office of the Russian Federation, Senior Counsellor of Justice, Cand. Sc. (Law), Associate Professor, e-mail: vsv_70@mail.ru.
On certain issues of the prosecutor’s supervision over operational-investigative activity.
Annotation. The issues of the formation of prosecutor’s supervision over operational-investigative activity, its features, subject matter and limits are discussed.
Key words: legal regulation, prosecutor’s supervision, operational-investigative activity.

P.I. Ivanov, Professor of the Academy of Administration of the Ministry of Internal Affairs, Doctor of Law, Professor, Honoured Lawyer of Russia, Tel. 8-495-745-9596.
On the concept of «ethnic organized crime in the sphere of economics».
Annotation. The well-known points of view to the concept of ethnic organized crime inter alia in the sphere of economics are discussed. The author’s view to the concept of «ethnic organized crime in the sphere of economics» is provided.
Key words: source of funding, criminal world, organized crime, ethnic organized crime in the sphere of economics.

I.V. Avdonin, Junior Researcher of VNII IBiS (Moscow), e-mail: oper-ord@mail.ru,
N.P. Frolkin, Associate Professor of the Department of Criminal Law Disciplines, Tax Academy of the Russian Federation (Moscow), Cand. Sc. (Law), Associate Professor.
On the question of the definition of fingerprint information as provided for by the Federal Law on the State Fingerprint Record in the Russian Federation.
Annotation. The concept of «fingerprint information» is considered. Some suggestions are made with regard to its clarification.
Key words: fingerprint information, fingerprinting, dactyloscopy, Federal Law on the State Fingerprint Record.

Professional Investigation Abroad. International Cooperation

A.A. Podobny, Head of the Department of Operational-Investigative Activity of the Odessa State University of Internal Affairs, Cand. Sc. (Law), Associate Professor (Odessa, Republic of Ukraine), e-mail: ordmelnikova1@rambler.ru.
On a unified concept of operational development and undercover investigation under the circumstances where the operational-investigative and procedure laws of Ukraine are being revised. 
Annotation. The author discusses the possibility of developing a unified concept of operational development and undercover investigation under the circumstances where the operational-investigative and procedure laws of Ukraine are currently being revised.
Key words: operational-investigative actions, undetectable investigative actions, operational development, undercover investigation.

L.Z. Abbasova, Dissertator of the Department of Criminalistics and Forensic Examination of the Baku State University (Baku, Republic of Azerbajan), e-mail: tuncer55@rambler.ru.
Taking into account individual characteristics of the defendant with mental disabilities. 
Annotation. The author examines psychological and mental characteristics of the personality of the accused with mental and physical disabilities that need to be taken into account by an attorney. The recommendations on the definition of the possible symptoms of mental and physical disorders of blind, dumb, deaf, and others, as well as tactical features of establishing psychological contact with the specified category of defendants are provided.
Key words: deaf, defender, mental and physical disabilities, dumb, blind, tactic.

Review Page

A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
Review of the fifth edition of a handbook by Professor M.P. Smirnov «Commentaries on legal regulation of operational-investigative activity in Russia and abroad».