Pub Date : 2021-03-01DOI: 10.25136/2409-7810.2021.3.36598
O. Anuchina
There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.
{"title":"Criminal proceedings in the case of death of the suspect or the accused","authors":"O. Anuchina","doi":"10.25136/2409-7810.2021.3.36598","DOIUrl":"https://doi.org/10.25136/2409-7810.2021.3.36598","url":null,"abstract":"\u0000 There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused. \u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130774244","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}
The research subject is the activity of public authorities and officials related to anti-criminal education of non-professional participants of criminal proceedings, and the legal regulation of such an activity within a criminal investigation. The authors study the role of legal awareness in criminal science. The research object is social relations regulating the activity at the level of public authorities and their officials aimed at legal education. The authors consider legal education as a part of an investigator’s work, which should be reflected in criminal science. The research methodology is based on the dialectical and formal-legal research methods, as well as the analysis of regulatory documents and criminalistic literature. The authors describe the role of legal education (in the course of their formation) within the structure of criminal science. It can be implemented within one or several tactical methods (their combination); as a general provision of the criminal investigation technique; as a subtheory of criminal science.
{"title":"On the role of legal education of non-professional participants of criminal proceedings in the criminal science","authors":"Evgenii Vladimirovich Zubenko, Evgenii Nikolaevich Bugaev, Darima Andreevna Garmaeva","doi":"10.25136/2409-7810.2021.2.29450","DOIUrl":"https://doi.org/10.25136/2409-7810.2021.2.29450","url":null,"abstract":"\u0000 The research subject is the activity of public authorities and officials related to anti-criminal education of non-professional participants of criminal proceedings, and the legal regulation of such an activity within a criminal investigation. The authors study the role of legal awareness in criminal science. The research object is social relations regulating the activity at the level of public authorities and their officials aimed at legal education. The authors consider legal education as a part of an investigator’s work, which should be reflected in criminal science. The research methodology is based on the dialectical and formal-legal research methods, as well as the analysis of regulatory documents and criminalistic literature. The authors describe the role of legal education (in the course of their formation) within the structure of criminal science. It can be implemented within one or several tactical methods (their combination); as a general provision of the criminal investigation technique; as a subtheory of criminal science. \u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116731218","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 : 2021-02-01DOI: 10.25136/2409-7810.2021.2.32161
Aleksandra Sergeevna Sulyaeva
The article considers the topical issues of facial recognition in video images. The author studies the modern methods of using facial recognition technologies. The research covers the current methods and software systems able to use list-based facial recognition technologies. The article contains the requirements to information technologies and means, and to the reference facial images. Special attention is given to the problems of legal regulation of the requirements to technical means used for image acquisition. The author analyzes the factors impacting on the objectivity and comprehensiveness of imaging a person’s appearance. The author analyzes one of the groups of factors connected with the conditions of recording. The author arrives at the conclusion that in order to raise the effectiveness of the work of video observation systems, it is necessary to follow the requirements to information technologies and information references. The author notes that, based on the tasks of law-enforcement agencies and the analysis of factors impacting on the effectiveness of video observation systems, there is a necessity to develop a video observation systems evaluation system.
{"title":"Forensic approaches to the evaluation of video observation systems effectiveness","authors":"Aleksandra Sergeevna Sulyaeva","doi":"10.25136/2409-7810.2021.2.32161","DOIUrl":"https://doi.org/10.25136/2409-7810.2021.2.32161","url":null,"abstract":"\u0000 The article considers the topical issues of facial recognition in video images. The author studies the modern methods of using facial recognition technologies. The research covers the current methods and software systems able to use list-based facial recognition technologies. The article contains the requirements to information technologies and means, and to the reference facial images. Special attention is given to the problems of legal regulation of the requirements to technical means used for image acquisition. The author analyzes the factors impacting on the objectivity and comprehensiveness of imaging a person’s appearance. The author analyzes one of the groups of factors connected with the conditions of recording. The author arrives at the conclusion that in order to raise the effectiveness of the work of video observation systems, it is necessary to follow the requirements to information technologies and information references. The author notes that, based on the tasks of law-enforcement agencies and the analysis of factors impacting on the effectiveness of video observation systems, there is a necessity to develop a video observation systems evaluation system. \u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128817762","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 : 2021-02-01DOI: 10.25136/2409-7810.2021.2.35995
V. Pomazanov, Sergei Ivanovich Gritsaev, S. Stepanenko
The research object is social relations connected with the legal regulation, organization and the tactics of identification. The authors consider the types of identification mentioned in the criminal procedure law, and those used during criminal investigation. Having compared their volume and contents, the authors note that the number of types of identification used in the work of law-enforcement bodies is larger than that of those formalized in the Criminal procedure Law of the Russian Federation. This situation doesn’t violate the law, since such types of identification as the identification of animals, territories, etc. are the components (subtypes) of the types of identification formalized in the law. The authors study the correlation between the organization and tactics of presenting for identification and attempt to systematize the investigator’s actions during the preparation and organization of various types of presenting for identification. The scientific novelty of the research consists in the formation of tactical techniques of presenting for identification through the lens of registration and correlation of subjects of the forensic tactics (the most rational ways of organizing an investigation - the problem scope) and the organization of criminal investigation (the creation of a structure of the investigative activities, the conditions for its effective implementation, and the investigation management - the organizational and administrative scope). This approach helps to create a detailed list of tactical recommendations for the organization, preparation and realization of various types of presenting for identification with account for the specificity of the object of identification, and their classification in accordance with the stages of this investigation.
{"title":"Organizational and technical peculiarities of presenting for identification","authors":"V. Pomazanov, Sergei Ivanovich Gritsaev, S. Stepanenko","doi":"10.25136/2409-7810.2021.2.35995","DOIUrl":"https://doi.org/10.25136/2409-7810.2021.2.35995","url":null,"abstract":"\u0000 The research object is social relations connected with the legal regulation, organization and the tactics of identification. The authors consider the types of identification mentioned in the criminal procedure law, and those used during criminal investigation. Having compared their volume and contents, the authors note that the number of types of identification used in the work of law-enforcement bodies is larger than that of those formalized in the Criminal procedure Law of the Russian Federation. This situation doesn’t violate the law, since such types of identification as the identification of animals, territories, etc. are the components (subtypes) of the types of identification formalized in the law. The authors study the correlation between the organization and tactics of presenting for identification and attempt to systematize the investigator’s actions during the preparation and organization of various types of presenting for identification. The scientific novelty of the research consists in the formation of tactical techniques of presenting for identification through the lens of registration and correlation of subjects of the forensic tactics (the most rational ways of organizing an investigation - the problem scope) and the organization of criminal investigation (the creation of a structure of the investigative activities, the conditions for its effective implementation, and the investigation management - the organizational and administrative scope). This approach helps to create a detailed list of tactical recommendations for the organization, preparation and realization of various types of presenting for identification with account for the specificity of the object of identification, and their classification in accordance with the stages of this investigation. \u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129754664","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 : 2021-02-01DOI: 10.25136/2409-7810.2021.2.30662
Svetlana Nikolaevna Vorobei
The research subject is the provisions of criminal law regulating the procedure of seizing electronic media and copying information. The article considers the problems faced by investigators connected with the seizure of electronic media during the investigation, copying the information they contain, and the related changes in the investigation practice caused by the introduction of article 164.1 into the Criminal Procedure Code. The purpose of the research is, based on the analysis of the Federal Law of December 27, 2018 No 533, which had amended the Criminal Procedure Law with the article 164.1 “The peculiarities of seizing electronic media and copying information they contain during investigative activities”, and law-enforcement practice in this field, to define the scope of the most urgent problems and develop the ways how to solve them. The research methodology is based on general scientific and specific research methods of cognition: the comparative-legal and formal-logical analysis, modeling, induction, deduction, etc. The scientific novelty of the research consists in the comprehensive and system-based study of the issues and problems of criminal legislation and law-enforcement practice connected with seizing electronic media and copying information they contain, and in the development of the key suggestions about amending the current legislation.
{"title":"Problems of legal regulation of a procedure of seizing electronic media and copying information","authors":"Svetlana Nikolaevna Vorobei","doi":"10.25136/2409-7810.2021.2.30662","DOIUrl":"https://doi.org/10.25136/2409-7810.2021.2.30662","url":null,"abstract":"\u0000 The research subject is the provisions of criminal law regulating the procedure of seizing electronic media and copying information. The article considers the problems faced by investigators connected with the seizure of electronic media during the investigation, copying the information they contain, and the related changes in the investigation practice caused by the introduction of article 164.1 into the Criminal Procedure Code. The purpose of the research is, based on the analysis of the Federal Law of December 27, 2018 No 533, which had amended the Criminal Procedure Law with the article 164.1 “The peculiarities of seizing electronic media and copying information they contain during investigative activities”, and law-enforcement practice in this field, to define the scope of the most urgent problems and develop the ways how to solve them. The research methodology is based on general scientific and specific research methods of cognition: the comparative-legal and formal-logical analysis, modeling, induction, deduction, etc. The scientific novelty of the research consists in the comprehensive and system-based study of the issues and problems of criminal legislation and law-enforcement practice connected with seizing electronic media and copying information they contain, and in the development of the key suggestions about amending the current legislation. \u0000","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115431198","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 : 2019-01-01DOI: 10.25136/2409-7810.2019.1.29057
Букалерова Людмила Александровна, Кузьмина Альбина Васильевна
{"title":"Букалерова Л.А., Сероус А.В. Опыт США и Великобритании в сфере противодействия подкупу иностранных публичных должностных лиц и должностных лиц публичной международной организации","authors":"Букалерова Людмила Александровна, Кузьмина Альбина Васильевна","doi":"10.25136/2409-7810.2019.1.29057","DOIUrl":"https://doi.org/10.25136/2409-7810.2019.1.29057","url":null,"abstract":"","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116236491","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 : 2019-01-01DOI: 10.25136/2409-7810.2019.1.28804
Чвякин Владимир Алексеевич, Шедько Юрий Николаевич
{"title":"Славова Н.А., Чвякин В.А. Правовая социализация подростков в условиях духовно – нравственного воспитания как основа формирования их правовой культуры","authors":"Чвякин Владимир Алексеевич, Шедько Юрий Николаевич","doi":"10.25136/2409-7810.2019.1.28804","DOIUrl":"https://doi.org/10.25136/2409-7810.2019.1.28804","url":null,"abstract":"","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"616 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125183800","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 : 2019-01-01DOI: 10.25136/2409-7810.2019.1.28719
Сабатов Сергей Анатольевич
{"title":"Сабатов С.А. Несообщение о преступлении в законодательстве зарубежных стран","authors":"Сабатов Сергей Анатольевич","doi":"10.25136/2409-7810.2019.1.28719","DOIUrl":"https://doi.org/10.25136/2409-7810.2019.1.28719","url":null,"abstract":"","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128700408","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 : 1900-01-01DOI: 10.25136/2409-7810.2019.1.23765
Дубовик Ольга Леонидовна, Аверина Кристина Николаевна
{"title":"Дубовик О.Л., Аверина К.Н. На стыке Уголовного права и права поступков: материально-правовые и процессуальные проблемы","authors":"Дубовик Ольга Леонидовна, Аверина Кристина Николаевна","doi":"10.25136/2409-7810.2019.1.23765","DOIUrl":"https://doi.org/10.25136/2409-7810.2019.1.23765","url":null,"abstract":"","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127861206","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 : 1900-01-01DOI: 10.25136/2409-7810.2019.2.29328
Букалерова Людмила Александровна, Везиров Тимур Гаджиевич
{"title":"Зокина (романенко) А.М., Букалерова Л.А. Необходимо совершенствование уголовно-правового механизма обеспечения безопасности дорожного движения и эксплуатации транспорта в России","authors":"Букалерова Людмила Александровна, Везиров Тимур Гаджиевич","doi":"10.25136/2409-7810.2019.2.29328","DOIUrl":"https://doi.org/10.25136/2409-7810.2019.2.29328","url":null,"abstract":"","PeriodicalId":104482,"journal":{"name":"Полицейская и следственная деятельность","volume":"298 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121455541","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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