№ 62(8), October, 2010
Public date: 28.10.2010
Archive of journal: Articles count 44, 71 kb
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JUDICIAL PROTECTION'S QUESTIONS OF SERVITUDE RIGHTS
Description
The question discussing in the article is the pre-trial adjustment of disputes arising out of servitude relations and how to protect servitude rights in the court
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MAIN TANDENCY OF THE MODERN SYSTEM OF THE RUSSIAN CIVIL LAW AUTHORITIES DEVELOPMENT
Description
This article discusses the basic tendencies of development of the civil law authorities under the influence of globalization and integration processes
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APPLICATION OF PROOFS IN REMEDIAL DECISIONS AT THE STAGE OF INITIATION OF CRIMINAL CASE
Description
A conclusion may be drawn, based on the analysis of allowability of criminal-procedural evidences which include legitimacy of the source of information relating to the facts and ways of obtaining and fixation of information mentioned in the order stipulated by the code of criminal procedure
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CRIMINALISTIC CLASSIFICATION OF MUR-DERS, COMMITTED AS HIRED KILLING
Description
In the scientific article, the author came to a certain conclusion by considering various opinions of scientists relating to the present range of problems, and he has quoted a classification of murders, committed as hired killing: contract murders based on commercial conflicts in the sphere of business; hired murders committed on the base of criminal conflicts; hired murders committed in the sphere of industrial and employment activity
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CHARACTERISTIC FEATURES OF THE MEMBERS OF ORGANIZED CRIMINAL GROUPS SPECIALIZING IN EXTORTION
Description
The author of the article describes the characteristic features of the members of organized criminal groups, realizing providing functions, which are in many respects defined by character of their actions and an orientation of activity of formations. For example, those who are in charge of extortion implementation are characterized as highly qualified professionals in economics, banking and any other similar area. Their talents, knowledge, skills and ability to conceal the criminal activities should be considered by the law enforcement agencies when predicting crime as well as when developing investigation plan
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GENESIS AND EVOLUTION OF PRELIMINARY INVESTIGATION EXECUTION BY IN-VESTIGATORY GROUP
Description
In the scientific and educational literature, execution of preliminary investigation by investigatory group and investigatory-operative group is shown in detail enough. Absence of the instructions about interaction between investigatory and operatively-search divisions at a group method of investigation in the criminally remedial law, has caused necessity of search of concrete and optimum forms of interaction in practice. The author defines some such forms which are described in the scientific article taking into account occurrence, formation and perfection of activity of investigatory and investigatory-operative group
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FACTORS LIMITING REMEDIAL INDEPENDENCE OF INVESTIGATOR
Description
In this scientific article, the author considers the main problems, concluding in following: in the course of realization of the checking and control not to leave for determined limit, ungrounded not to limit remedial independence of investigator. After all public prosecutor, chief of the subdivision inquiry, court, realizing remedial checking and control, simultaneously must work out beside investigator independence, professionalism, skills to take the faithful decisions on base of the analysis to investigation situation
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Description
A combination of two attributes envisaged in Article 105 of the Russian Federation Criminal Code - organized criminal group and criminal community (criminal organization), add a considerable peculiarity to the process of formation of original data, and criminalistically credible information relating to the category of crimes being considered in the process of evidences formation. The author includes both material and ideal elements in the original information depicting criminalistically credible attributes of constituent elements of the crime and also the circumstances indirectly associated with it, thus, facilitating generation of evidences at the phase of initiation of a criminal case, and enabling identification of circumstances subject to assessment and evidencing at the phase of preliminary investigation
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CREDIBILITY OF TESTIMONY ESTIMATE
Description
The estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
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OVERCOMING OF CONCEALMENT AND EX-TERMINATION OF EVIDENCE
Description
Concealment is a common form of resistance to the investigative process. The author of the article suggests that each investigator should leave some comments added to the case papers in a form of a reference on the peculiar details concerning the concealment and the reticence of the evidence on the case in order to prevent the colleagues from possible mistakes in the further investigation
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