Pub Date : 2023-01-01DOI: 10.25136/2409-7810.2023.1.39427
Ivan Nikolaevich Astaf'ev
The study is devoted to the current state of administrative offenses provided in article. 19.3 The Administrative Code of the Russian Federation, from 2018 to 2022, identify the police units that most often suppress this type of administrative offences. The results of the study showed that the most frequent administrative offences provided for in Article. 19.3 The Administrative Code of Criminal Procedure of the Russian Federation is suppressed by officers of the patrol and sentry service of the police - 61 per cent of the total and district police officers - 30 per cent. From 2018 to 2022, there was an increase of 29% in administrative offenses intercepted by officers of patrol police and 8.6% - district police commissioners. The number of cases dismissed for lack of evidence or event of an offense varies between 0.52 and 0.77 per cent of the total number of decisions taken. The novelty of the study lies in obtaining up-to-date objective information about the status and dynamics of administrative offences provided for in Article. 19.3 The Code of Administrative Offences of the Russian Federation, which is punished by police officers, and those police units whose officers most often punish this type of administrative offence. Field of application: scientific research - actualization of the study of the composition of administrative offenses provided for in Article. 19.3 The Administrative Code of the Russian Federation is suppressed by members of patrol police units and district police commissioners, as well as the vocational training of police officers. Police officers' examination of the administrative offences provided for in article. 19.3 The Code of Administrative Offences and the decisions taken thereon by the judicial authorities will reduce the number of cases dismissed.
{"title":"Suppression by Police Officers of Offenses of Art. 19.3 of the Administrative Code","authors":"Ivan Nikolaevich Astaf'ev","doi":"10.25136/2409-7810.2023.1.39427","DOIUrl":"https://doi.org/10.25136/2409-7810.2023.1.39427","url":null,"abstract":"\u0000 The study is devoted to the current state of administrative offenses provided in article. 19.3 The Administrative Code of the Russian Federation, from 2018 to 2022, identify the police units that most often suppress this type of administrative offences. The results of the study showed that the most frequent administrative offences provided for in Article. 19.3 The Administrative Code of Criminal Procedure of the Russian Federation is suppressed by officers of the patrol and sentry service of the police - 61 per cent of the total and district police officers - 30 per cent. From 2018 to 2022, there was an increase of 29% in administrative offenses intercepted by officers of patrol police and 8.6% - district police commissioners. The number of cases dismissed for lack of evidence or event of an offense varies between 0.52 and 0.77 per cent of the total number of decisions taken. The novelty of the study lies in obtaining up-to-date objective information about the status and dynamics of administrative offences provided for in Article. 19.3 The Code of Administrative Offences of the Russian Federation, which is punished by police officers, and those police units whose officers most often punish this type of administrative offence. Field of application: scientific research - actualization of the study of the composition of administrative offenses provided for in Article. 19.3 The Administrative Code of the Russian Federation is suppressed by members of patrol police units and district police commissioners, as well as the vocational training of police officers. Police officers' examination of the administrative offences provided for in article. 19.3 The Code of Administrative Offences and the decisions taken thereon by the judicial authorities will reduce the number of cases dismissed.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"11 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116753503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-01DOI: 10.25136/2409-7810.2022.4.39502
A. V. Kurakin
The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.
{"title":"Once again about Administrative Legal Relations","authors":"A. V. Kurakin","doi":"10.25136/2409-7810.2022.4.39502","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.4.39502","url":null,"abstract":"\u0000 The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133906590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-01DOI: 10.25136/2409-7810.2022.4.39522
A. V. Kurakin
The question of the subject of administrative law is not new, but it has not been finally resolved, and therefore there is every reason to pay attention to the features of the norms that actually construct this branch of law. The author notes that the question of the rule of law in general and the rule of administrative law, in particular, is quite conservative, today it is no longer possible to formulate a fundamentally new definition of the rule of law, despite this, there are author's definitions of this category, we also note that the question of the structure of the rule of law is also finally closed. The study of the problem of the norms of administrative law can make it possible to develop criteria for the classification of these norms, formulate proposals on the effectiveness of their implementation, and also reconsider the question of their systematization. The author notes that the complexity of the subject of administrative law, the variety of directions of administrative and legal regulation, objectively determines the existence of various norms. The paper presents some classification criteria of these norms, which may reflect the essence and their specifics. The author also draws attention to the fact that the doctrine has sufficiently developed the question of the structure of the rule of administrative law, as well as the forms of their implementation. Structurally, the norm of administrative law consists of a hypothesis, disposition and sanction. All three of these elements of the rule of administrative law in their entirety form it. The presence of three elements at once in the regulatory prescription does not occur, often the sanction is taken out of the regulatory norm of administrative law and is contained in another law. The forms of implementation of the norms of administrative law are quite archaic, the norm is implemented in compliance, execution, use and application.
{"title":"Once again about the Subject of Administrative Law and its Norms","authors":"A. V. Kurakin","doi":"10.25136/2409-7810.2022.4.39522","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.4.39522","url":null,"abstract":"\u0000 The question of the subject of administrative law is not new, but it has not been finally resolved, and therefore there is every reason to pay attention to the features of the norms that actually construct this branch of law. The author notes that the question of the rule of law in general and the rule of administrative law, in particular, is quite conservative, today it is no longer possible to formulate a fundamentally new definition of the rule of law, despite this, there are author's definitions of this category, we also note that the question of the structure of the rule of law is also finally closed. The study of the problem of the norms of administrative law can make it possible to develop criteria for the classification of these norms, formulate proposals on the effectiveness of their implementation, and also reconsider the question of their systematization. The author notes that the complexity of the subject of administrative law, the variety of directions of administrative and legal regulation, objectively determines the existence of various norms. The paper presents some classification criteria of these norms, which may reflect the essence and their specifics. The author also draws attention to the fact that the doctrine has sufficiently developed the question of the structure of the rule of administrative law, as well as the forms of their implementation. Structurally, the norm of administrative law consists of a hypothesis, disposition and sanction. All three of these elements of the rule of administrative law in their entirety form it. The presence of three elements at once in the regulatory prescription does not occur, often the sanction is taken out of the regulatory norm of administrative law and is contained in another law. The forms of implementation of the norms of administrative law are quite archaic, the norm is implemented in compliance, execution, use and application.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132015111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-01DOI: 10.25136/2409-7810.2022.4.39286
Dmitrii Vyacheslavovich Tsyganov
Taking into account the importance for the criminal case of such an investigative action as a protocol for examining the scene and the significant difficulties that investigators (interrogators) experience during the investigation of illegal extraction (catch) of aquatic biological resources, the author analyzed the most common mistakes in drawing up a protocol for examining the scene. Based on the results of this analysis, it is proposed to systematize errors by classifying both by subject matter and by the object of study in which the error was made. In addition, it is proposed to separately group formal errors in the preparation of a protocol for examining the scene of an incident, made by the preliminary investigation bodies in criminal cases on illegal extraction (catch) of aquatic biological resources.
{"title":"Analysis by the Prosecutor of the Protocol of Inspection of the Scene of the Incident in Criminal Cases on Illegal Catch of Aquatic Biological Resources","authors":"Dmitrii Vyacheslavovich Tsyganov","doi":"10.25136/2409-7810.2022.4.39286","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.4.39286","url":null,"abstract":"\u0000 Taking into account the importance for the criminal case of such an investigative action as a protocol for examining the scene and the significant difficulties that investigators (interrogators) experience during the investigation of illegal extraction (catch) of aquatic biological resources, the author analyzed the most common mistakes in drawing up a protocol for examining the scene. Based on the results of this analysis, it is proposed to systematize errors by classifying both by subject matter and by the object of study in which the error was made. In addition, it is proposed to separately group formal errors in the preparation of a protocol for examining the scene of an incident, made by the preliminary investigation bodies in criminal cases on illegal extraction (catch) of aquatic biological resources.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"227 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124514619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-01DOI: 10.25136/2409-7810.2022.4.39449
Igor' Sergeevich Tregubov
The article examines the essence of administrative-procedural coercion measures and how attention is drawn to the institution of administrative coercion, the definition of administrative-procedural coercion measures in its content. The paper concludes that procedural measures did not immediately appear in the construction of administrative coercion, this was due to the development of legislation on administrative responsibility, as well as legal doctrine. The problem of administrative coercion has been the subject of scientific attention for a long time. At one time, the research of the institute of administrative coercion even had a pro-Western character, where this coercion was used very widely. The author concludes that administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings on administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. The author notes that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion. Administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings in cases of administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. It should be noted that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion.
{"title":"Measures of Administrative and Procedural Coercion","authors":"Igor' Sergeevich Tregubov","doi":"10.25136/2409-7810.2022.4.39449","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.4.39449","url":null,"abstract":"\u0000 The article examines the essence of administrative-procedural coercion measures and how attention is drawn to the institution of administrative coercion, the definition of administrative-procedural coercion measures in its content. The paper concludes that procedural measures did not immediately appear in the construction of administrative coercion, this was due to the development of legislation on administrative responsibility, as well as legal doctrine. The problem of administrative coercion has been the subject of scientific attention for a long time. At one time, the research of the institute of administrative coercion even had a pro-Western character, where this coercion was used very widely. The author concludes that administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings on administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. The author notes that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion. Administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings in cases of administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. It should be noted that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128409931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-04-01DOI: 10.25136/2409-7810.2022.4.38924
A. V. Kurakin
The author examines the administrative law, reveals the system of it, the analysis of which allows us to see its features and the scale of the relations regulated by it. The article focuses on such elements of the administrative law system as: management law; police law; administrative justice law. These legal institutions, on the one hand, have their own subject of regulation, which is characterized by public legal content, on the other hand, they complement each other forming such a phenomenon as modern "administrative law". The author notes that the analysis of the correct definition of the definition of the subject of administrative law will increase the effectiveness of its study. The main conclusion that is made in this article is that the management concept dominates in the educational literature on administrative law, regarding the subject of this industry. Within the system of administrative law, the norms of management law and the norms of police law are harmoniously combined, this is clearly seen in the example of the implementation of administrative and police coercion, administrative and police supervision. The police component within administrative law is sometimes called negative law, but one should not radically look at the phenomenon of police law, that is, identify it with the police state. Police law may well be an effective attribute of a democratic, legal and social state. This position is proved by the experience of state-building in a number of countries. Thus, administrative law is designed to improve the efficiency of the state in a variety of aspects, to create adequate forms and methods of administrative and police work, both in ordinary and in crisis situations.
{"title":"Issues of the Administrative Law System","authors":"A. V. Kurakin","doi":"10.25136/2409-7810.2022.4.38924","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.4.38924","url":null,"abstract":"\u0000 The author examines the administrative law, reveals the system of it, the analysis of which allows us to see its features and the scale of the relations regulated by it. The article focuses on such elements of the administrative law system as: management law; police law; administrative justice law. These legal institutions, on the one hand, have their own subject of regulation, which is characterized by public legal content, on the other hand, they complement each other forming such a phenomenon as modern \"administrative law\". The author notes that the analysis of the correct definition of the definition of the subject of administrative law will increase the effectiveness of its study. The main conclusion that is made in this article is that the management concept dominates in the educational literature on administrative law, regarding the subject of this industry. Within the system of administrative law, the norms of management law and the norms of police law are harmoniously combined, this is clearly seen in the example of the implementation of administrative and police coercion, administrative and police supervision. The police component within administrative law is sometimes called negative law, but one should not radically look at the phenomenon of police law, that is, identify it with the police state. Police law may well be an effective attribute of a democratic, legal and social state. This position is proved by the experience of state-building in a number of countries. Thus, administrative law is designed to improve the efficiency of the state in a variety of aspects, to create adequate forms and methods of administrative and police work, both in ordinary and in crisis situations.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132447133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.25136/2409-7810.2022.3.38878
I. Manin
The object of the study is constitutional legal relations for the protection of Russian citizens of their state in connection with conscription for military service in the Armed Forces of the Russian Federation, the subject of the study is normative legal acts regulating military duty. The author explains the legal meaning of the constitutional duty to protect the Fatherland, proposes an addition to the Russian concept of national security with a provision on preventive self-defense, amendments to the Federal Law "On Defense", the Federal Law "On Military Duty and Military Service", the Federal Law "On Mobilization Training and Mobilization" and other regulatory legal acts. The article analyzes the international legal and constitutional regulation of the current problems of defense and security of the Russian Federation in the light of current historical events and the formation of four new regions of Russia: the Donetsk People's Republic, the Luhansk People's Republic, the Zaporozhye region and the Kherson region. The main legal problems of conscription of Russian citizens for military service on mobilization are considered, their solutions are proposed. The author pays special attention to the postponement of military service for mobilization, the legal responsibility of citizens and organizations in connection with the partial mobilization of the population. The article substantiates the exemption of scientists from military duty, determines the status of the mobilized, and gives a legal description of mobilization contracts. Conclusions and suggestions are presented in the text of the current study, which contains fundamentally new information on the subject of scientific work.
{"title":"Defense of the Fatherland: Conscription for Military Service on Mobilization","authors":"I. Manin","doi":"10.25136/2409-7810.2022.3.38878","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.3.38878","url":null,"abstract":"\u0000 The object of the study is constitutional legal relations for the protection of Russian citizens of their state in connection with conscription for military service in the Armed Forces of the Russian Federation, the subject of the study is normative legal acts regulating military duty. The author explains the legal meaning of the constitutional duty to protect the Fatherland, proposes an addition to the Russian concept of national security with a provision on preventive self-defense, amendments to the Federal Law \"On Defense\", the Federal Law \"On Military Duty and Military Service\", the Federal Law \"On Mobilization Training and Mobilization\" and other regulatory legal acts. The article analyzes the international legal and constitutional regulation of the current problems of defense and security of the Russian Federation in the light of current historical events and the formation of four new regions of Russia: the Donetsk People's Republic, the Luhansk People's Republic, the Zaporozhye region and the Kherson region. The main legal problems of conscription of Russian citizens for military service on mobilization are considered, their solutions are proposed. The author pays special attention to the postponement of military service for mobilization, the legal responsibility of citizens and organizations in connection with the partial mobilization of the population. The article substantiates the exemption of scientists from military duty, determines the status of the mobilized, and gives a legal description of mobilization contracts. Conclusions and suggestions are presented in the text of the current study, which contains fundamentally new information on the subject of scientific work.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125405461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.25136/2409-7810.2022.3.38740
Anna Denisovna Tsvetkova
The paper examines the issues of intuition in investigative practice. Relying on the positions of prominent forensic scientists, the importance of this heuristic mechanism for overcoming deadlocks caused not only by a shortage of information, but also by its overabundance is substantiated. The author suggests mechanisms for the development of intuition, the main of which is called the expansion of erudition, the accumulation of a large number of background knowledge. The second part of the article discusses the problems of artificial intelligence. Firstly, the topic of its potential to replace a person is covered. Secondly, the position existing in science is refuted, according to which the work of artificial neural networks is characterized as intuitive. Based on the analysis of practical examples and the synthesis of various scientific positions, the author formulated the following conclusions: 1. The intuitive decisions based on the probabilistic assumption assist the investigator in choosing specific investigative actions or tactics for their conduct. 2. Intuition is best developed among investigators with average work experience and broad erudition. 3. Intuition can and should be developed, mainly by expanding erudition, accumulating background experience. 4. The work of artificial neural networks cannot be called completely intuitive, since they act according to a given algorithm, even if generating a solution that is not accessible to human perception, whereas intuition is a creative process that goes beyond standard models. 5. To date, there is only a weak artificial intelligence, which is able to cover only situations of an overabundance of information, but not its deficit, although the latter very often require an appeal to intuition. 6. Intuition is a competitive advantage of humans over artificial intelligence, allowing our species to think more broadly, more versatile.
{"title":"Investigator's Intuition: Conditions of Formation and the Possibility of Implementation of Artificial Intelligence","authors":"Anna Denisovna Tsvetkova","doi":"10.25136/2409-7810.2022.3.38740","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.3.38740","url":null,"abstract":"\u0000 The paper examines the issues of intuition in investigative practice. Relying on the positions of prominent forensic scientists, the importance of this heuristic mechanism for overcoming deadlocks caused not only by a shortage of information, but also by its overabundance is substantiated. The author suggests mechanisms for the development of intuition, the main of which is called the expansion of erudition, the accumulation of a large number of background knowledge. The second part of the article discusses the problems of artificial intelligence. Firstly, the topic of its potential to replace a person is covered. Secondly, the position existing in science is refuted, according to which the work of artificial neural networks is characterized as intuitive. Based on the analysis of practical examples and the synthesis of various scientific positions, the author formulated the following conclusions: 1. The intuitive decisions based on the probabilistic assumption assist the investigator in choosing specific investigative actions or tactics for their conduct. 2. Intuition is best developed among investigators with average work experience and broad erudition. 3. Intuition can and should be developed, mainly by expanding erudition, accumulating background experience. 4. The work of artificial neural networks cannot be called completely intuitive, since they act according to a given algorithm, even if generating a solution that is not accessible to human perception, whereas intuition is a creative process that goes beyond standard models. 5. To date, there is only a weak artificial intelligence, which is able to cover only situations of an overabundance of information, but not its deficit, although the latter very often require an appeal to intuition. 6. Intuition is a competitive advantage of humans over artificial intelligence, allowing our species to think more broadly, more versatile.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"319 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133878169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.25136/2409-7810.2022.3.38479
Sergei Ivanovich Gritsaev, S. Stepanenko, Dmitrii Vladimirovich Shevel'
The object of research of this scientific article is crimes committed on the Internet or using it, as well as the activities of law enforcement agencies to investigate and disclose them. The subject of the study is the regularities of the mechanism of crimes committed using the Internet and the regularities of the activities of law enforcement agencies to organize the investigation of those crimes. The purpose of the scientific article is to identify the capacities of digital technologies for the identification, search and identification of persons who have committed crimes on the Internet. At the same time, attention is paid to the creation of search records for "images of persons captured on photo and video files containing illegal content" in the Federal Criminal Information Bank and the use of advances in digital identification and other innovations in the field of IT technologies in the investigation of crimes. Modern processes of globalization and digitalization require the development and introduction of new opportunities in the identification, search and prosecution of persons who have committed illegal acts, including crimes, on the Internet or using it. The practical significance of the conducted research is to increase the effectiveness of the organization of the identification of persons who have committed crimes on the Internet. The methodology of the conducted research is determined by its purpose and objectives. It is based on a systematic approach to the study of the identification of the person who committed the crime using digital technologies. The research methodology used when writing a scientific article was implemented using the following methods: structural and substantive analysis of scientific papers devoted to the topic of this study; logical (when presenting all the material, formulating conclusions, suggestions and recommendations); comparative legal (when analyzing the norms of criminal procedure legislation, regulatory legal acts) and other research methods.
{"title":"Organization of crime investigation using modern technologies","authors":"Sergei Ivanovich Gritsaev, S. Stepanenko, Dmitrii Vladimirovich Shevel'","doi":"10.25136/2409-7810.2022.3.38479","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.3.38479","url":null,"abstract":"\u0000 The object of research of this scientific article is crimes committed on the Internet or using it, as well as the activities of law enforcement agencies to investigate and disclose them. The subject of the study is the regularities of the mechanism of crimes committed using the Internet and the regularities of the activities of law enforcement agencies to organize the investigation of those crimes. The purpose of the scientific article is to identify the capacities of digital technologies for the identification, search and identification of persons who have committed crimes on the Internet. At the same time, attention is paid to the creation of search records for \"images of persons captured on photo and video files containing illegal content\" in the Federal Criminal Information Bank and the use of advances in digital identification and other innovations in the field of IT technologies in the investigation of crimes. Modern processes of globalization and digitalization require the development and introduction of new opportunities in the identification, search and prosecution of persons who have committed illegal acts, including crimes, on the Internet or using it. The practical significance of the conducted research is to increase the effectiveness of the organization of the identification of persons who have committed crimes on the Internet. The methodology of the conducted research is determined by its purpose and objectives. It is based on a systematic approach to the study of the identification of the person who committed the crime using digital technologies. The research methodology used when writing a scientific article was implemented using the following methods: structural and substantive analysis of scientific papers devoted to the topic of this study; logical (when presenting all the material, formulating conclusions, suggestions and recommendations); comparative legal (when analyzing the norms of criminal procedure legislation, regulatory legal acts) and other research methods.\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130391440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.25136/2409-7810.2022.3.38655
Nikolai Vladimirovich Sushkin, Egor Mikhailovich Azovtsev
The object of the study is the mechanism of interaction between the investigative units of the internal affairs bodies and the investigation units of the Ministry of Emergency Situations of Russia at the initial stage of conducting a procedural check on the fact of a fire, identifying shortcomings in the organization of this interaction and finding ways to solve the identified problems. Crimes related to fires are under the jurisdiction of both the investigative units of the internal affairs bodies and the bodies of inquiry of the Ministry of Emergency Situations of Russia. However, in the vast majority of cases, when a fire is reported, it is not known whether a criminal act has taken place, and, if so, what is its qualification, based on which the body authorized to carry out a preliminary investigation. In practice, this leads to excessive bureaucratization of the process of procedural verification, unjustified repeated transfers of verification material from body to body, inconsistency of the initial verification measures and partial duplication of the work carried out. The scientific novelty of the study lies in the fact that the attention of the authors is not focused on the issues of the methodology of fire investigation, but on the organizational aspects of this process that affect the efficiency of solving crimes of this category and preventing the occurrence of such a problem as the loss of criminally significant information, the result of which is extremely low efficiency of the process of disclosure and investigation of crimes with increased labor costs. Based on the results of the work carried out, significant problematic issues related to the conduct of initial investigative actions on the fact of a fire have been identified, and solutions have been proposed to improve the effectiveness of solving crimes related to fires
{"title":"The Problem of Interaction Between the Ministry of Internal Affairs of Russia and the Ministry of Emergency Situations of Russia During Inspections on Fires","authors":"Nikolai Vladimirovich Sushkin, Egor Mikhailovich Azovtsev","doi":"10.25136/2409-7810.2022.3.38655","DOIUrl":"https://doi.org/10.25136/2409-7810.2022.3.38655","url":null,"abstract":"\u0000 The object of the study is the mechanism of interaction between the investigative units of the internal affairs bodies and the investigation units of the Ministry of Emergency Situations of Russia at the initial stage of conducting a procedural check on the fact of a fire, identifying shortcomings in the organization of this interaction and finding ways to solve the identified problems. Crimes related to fires are under the jurisdiction of both the investigative units of the internal affairs bodies and the bodies of inquiry of the Ministry of Emergency Situations of Russia. However, in the vast majority of cases, when a fire is reported, it is not known whether a criminal act has taken place, and, if so, what is its qualification, based on which the body authorized to carry out a preliminary investigation. In practice, this leads to excessive bureaucratization of the process of procedural verification, unjustified repeated transfers of verification material from body to body, inconsistency of the initial verification measures and partial duplication of the work carried out. The scientific novelty of the study lies in the fact that the attention of the authors is not focused on the issues of the methodology of fire investigation, but on the organizational aspects of this process that affect the efficiency of solving crimes of this category and preventing the occurrence of such a problem as the loss of criminally significant information, the result of which is extremely low efficiency of the process of disclosure and investigation of crimes with increased labor costs. Based on the results of the work carried out, significant problematic issues related to the conduct of initial investigative actions on the fact of a fire have been identified, and solutions have been proposed to improve the effectiveness of solving crimes related to fires\u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123051207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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