№ 109(5), May, 2015
Public date: 29.05.2015
Archive of journal: Articles count 88, 161 kb
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FORENSIC INVESTIGATOR: HIS PROCEDURAL STATUS AND FUNCTIONS
DescriptionThe article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes
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Description
In the article we have analyzed the value of criminalistic studying of the identity of the minor criminals committing mercenary violent crimes. The author considers the questions connected with a perspective of obtaining data on the identity of the minor. The author notes that it is necessary to study comprehensively the identity of the minor at investigation of a crime as it will increase the efficiency of the carried-out investigative actions and promotes the correct solution of problems of investigation and re-education of minor, and, eventually, to achievement of an ultimate goal of criminal legal proceedings. The author notes that a formal approach to the studying of the identity of the minor is not allowed, because it slows down the investigation. The analysis of problems, which the investigator meets, when collecting data on the minor and possible ways of their overcoming is carried out. The author notes that one of the pressing problems is the deficit of time for collecting necessary data on the identity of the minor. The author offered a system-structural approach to the criminalistic studying of the identity of minors, who committed mercenary violent crimes. The author of the article considers that criminalistic significant data on the identity of the minor criminal committing mercenary violent crimes can help at the establishment of important information for the criminal case, namely specify interrelation between social psychological, biological properties of the identity of the minor criminal: to track displays of specific qualities of the identity of the minor by preparation, commission and concealment of traces of the crime; on the basis of received data to develop a system of standard versions about the person who committed a crime, on the basis of information to hold the operational search events directed on the identification of the minor criminal. The author notes that in practice in the materials of criminal cases on mercenary violent crimes there are limited data on personal features of minors. So, the structure of the characteristics made by pedagogical workers on minor accomplices is typical. The references and characteristics represented by inspectors of PDN are made in most cases formally. The author of article makes a conclusion that limitation of data on personal features of minors can be eliminated only by association of professional efforts from bodies of preliminary investigation, inspectors on affairs of minors, the commissions on affairs of minors and protection of their rights, psychologists, social teachers
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MEASURES TO COUNTER THE LEGALIZATION (LAUNDERING) OF INCOME FROM CRIME
DescriptionIllegal actions of economic orientation pose a serious threat to the economic security of the state, as are latent crimes. This article discusses the complex and urgent problem associated with increased measures for combating money laundering or other property acquired by criminal means. From a legal point of view, legalization is making ownership, use and disposal of such funds or other assets by financial transactions or other transactions. From the perspective of the real economy legalization is associated with the receipt of previously unrecorded funds in the legal economy. As the results of the study of the practice of criminal responsibility under Art. 174 of the Criminal Code, the main sources of illegal proceeds are theft, illegal use of natural resources, tax evasion and customs duties, illegal sale of illicit trafficking of goods, criminal acts of corruption, and others. From this we can conclude that the main direction of strengthening control over the legalization of proceeds from crime is to prevent the emergence of centers of capital legalization. To this end, the article analyzes the changes of international and domestic legislation in the field of anti-money laundering. We have added specific measures to stop this type of criminal acts aimed at strengthening the control of the authorized state bodies, including in relation to natural and legal persons participating in the capital of foreign entities
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BIOMETRIC IDENTIFICATION OF THE PERSON
DescriptionTest of cardiorespiratory synchronism is offered as a way of biometric identification of the person. The way represents registration, transformation and fixing on electronic carriers of parameters physiological is intimate - respiratory synchronism, such as the minimal and maximal borders of a range of synchronization in synchronous cardiorespiratory cycles in one minute, width of a range of synchronization in synchronous cardiorespiratory cycles in minute, duration of development of cardiorespiratory synchronism on the minimal border of a range from the beginning of test before steady formation of cardiorespiratory synchronism on the minimal border and duration of development of cardiorespiratory synchronism from the beginning of test before steady formation of cardiorespiratory synchronism on the maximal border of synchronization in intimate cycles at objects of identification as the schedules displaying electrophysiological characteristics of work of heart and respiratory activity of the person at the moment of reception of cardiorespiratory synchronism. Further, the received schedules compare to available schedules and judge that, they belong to the same person whether or not. Advantages of this way are high reliability of identification, simplicity and speed of performance, exception of trainings in advance
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TESTAMENT IN EXTRAORDINARY CIRCUMSTANCES: THEORY AND PRACTICE
DescriptionThe article explains the relevance of testaments, committed in extraordinary circumstances. The authors note, that the form of such testaments is considerably simpler. Nevertheless, it is compensated by necessity of further confirmation of fact that testament was committed in extraordinary circumstances by court. The conditions of validity of such testaments exposed to a detailed analysis in the article. The authors emphasize that for the recognition of circumstances as extraordinary, such circumstances should be unusual, exceptional, and create immediate threat of life, not threat to health of a citizen. The article contains the analysis of court decisions, which counter to these provisions. The study notes that the legislation does not allow for opportunity to commit testament in the extraordinary circumstances using the technical equipment. It is a gap in the legislation, considering the current conditions. The authors describe international experience of drawing up testaments verbally and came to the conclusion that such form is not acceptable in the Russian legislation. The article also notes the need for a more precise definition of “extraordinary circumstances” applied to inheritance relations. By the authors’ viewpoint, serious illness of the testator can’t be classified as extraordinary circumstance. The study is not only based on analysis of theoretical works of scientists, also on law enforcement practices. The authors of the article identified actual problems of current legislation and came to the conclusion of the necessity to improve the modern civil law
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THE DEFINITION AND THE CONTENT OF THE CONCEPT OF ECOLOGICAL SECURITY OF THE RUSSIAN FEDERATION
DescriptionIn the article the definition and the content of the concept of ecological safety are considered. We have investigated the socio-political aspect of the contents of the concept of ecological safety, and also the structure of the contents of the concept of ecological safety. It allows defining political and legal model of ensuring ecological safety which finds expression in concrete state and administrative legal activity of rather extensive circle of the subjects providing normal functioning of habitat (ecosystem) of society and state. The political mechanism of ensuring ecological safety which defines it as internally interconnected set an element of system representing unity political and the precepts of law, institutes, an order and rules of activity aimed at providing guarantees of security of environment, the ecological rights and the vital interests of the person and citizen from possible negative impact of economic and other activity of people and threats of emergence of emergency situations of natural and technogenic character is investigated.The interrelation of the concept of ecological safety with an administrative legal regime of ensuring ecological safety is defined
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PRIORITIES OF THE CONCEPT OF ENVIRONMENTAL SECURITY
DescriptionThe article examines the approaches to the legal definition of "priority" in the concept of environmental security, as well as the kinds of priorities the concept of ecological security. The given provisions give us the chance to formulate the concept of "priority of the concept of ecological safety" as a prime activity (situation) of subjects of an administrative legal regime of ecological safety on ensuring normal functioning of ecological system of the country, i.e. all objects of live and inanimate nature, the developed ecological state and the happening changes of an ecological state. We have highlighted the problem of the legal regulation of the concept of environmental security. The extensive studied system of political and legal program acts allows considering all the variety of approaches to the problem of priorities of the Russian concept of ensuring ecological safety. The system of priorities of the concept of ensuring ecological safety given in article most fully reflects prime activities of subjects of an administrative legal regime of ensuring ecological safety
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PROCEDURE OF HOLDING THE AUCTION FOR GRANTING THE TIMBERLAND IN RENT
DescriptionThis article discusses issues of legal regulation and implementation of the norms of the forest legislation about procedure of holding the auction for granting the forest lot in rent and also consider the problem of law enforcement procedure. According to the forest legislation of the Russian Federation, the basis of the conclusion of the lease contract of the wood lot the result of the carried-out auction is. Auction can be considered as one-stage process on the one hand and as two-stage on the other hand. In this regard, auction is considered in this work from the different points of view of prominent scientists. The conclusion is drawn on imperfection of the system of carrying out auctions indulging corruption about need of change of criteria of a choice of the winner of auction where by the main criterion it is put, for example, the qualifying shots of the person, but not the greatest sum which the person can offer at competition. The position about the privilege to the conclusion of the lease contract at an equal rate of a payment is opened. Auction and competition as real and effective ways of receiving the right for the conclusion of the lease contract of the timberland are correlated with each other. Proposals on recognition by winners in auctions of potential tenants which for several years showed the reliability
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COMPUTER TECHNOLOGIES IN THE ANALYSIS OF A COMPLEX PHYSICAL PROBLEM
DescriptionThe article discusses the technology of using modern computer tools in the educational process of preparation of teachers of physics in the analysis of a complex modern problem. We consider the experimental task, the analysis of which cannot be carried out without the use of methods of calculus mathematics. A massive conductor in the form of a solid cylinder is placed in a quasi-stationary magnetic field. It is necessary to find the parameters of the magnetic field in the volume of the conductor. An algorithm for developing a program of numerical study of the radial dependence of the field in the conductor is given. The graphs of dimensionless amplitude of the field and of the phase shift relative to the external field at different are drawn where и are the radius and conductivity of the material of the cylinder, is the frequency of the external field, h is a dimensionless radial coordinate equal to . The graphs let us “see” what is going on with the field inside the conductor with the change of control parameters z and h. We demonstrate the self-organization of the test field with increasing z, which happens because of the nonlinear feedbacks. It is shown that the use of modern information technology in educational research tasks to confront theory with real physical experiments lets us raise the level of quality of training future teachers of physics and computer science. The use of this method in the educational process of pedagogical (physics) and technical institutes of higher education is recommended
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Description
The article focuses on the forms of transmission of knowledge in agronomy. We can separate verbal or word form, literary, through books and visual, through the works of art. In this regard, the porcelain is treated as a separate independent resource of information on the history of agriculture in the period from 1917 to 1975. In the study of the history of the popularization of agronomic knowledge in Russia we included visual images of porcelain taken from the catalogues of private collections, books, photographs of exhibitions and illustrations. As a tool of the analysis method we used sketches and visual notes. This article has a brief review of the history of the development of porcelain in our country and we have emphasized the Soviet propaganda porcelain. In the studied period we were highlighting another distinct type of porcelain - peasant porcelain, where the focus was on the images of life and living conditions of rural workers. In the database of images we included the works of leading artists such as N. Dan'ko, V. Kuznetsov, S. Chekhonin, R. Vildie, Z. Kobyletska and many others. In the agitation porcelain there was a reflection of several areas: gathering fruit and vegetables; harvesting; a reflection of village life and rural life; exhibitions and fairs; the theme of work and leisure in rural production. Visual analysis of small forms on the example of images of harvesting showed the most common crops (grapes, cotton, tomatoes, apples, various vegetables). Image of fruits and vegetables are a documentary reflection of the history of spreading and introduction of a number of crops in different agroclimatic zones of the country. Thus, porcelain is one of the sources of information on the history of agriculture in our country, covering a certain period from 1917 to 1975, acting as a separate resource, which clearly reflects the bygone era