12.00.00 Law sciences
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CIRCUMSTANCES TO BE ESTABLISHED IN CASES OF ILLEGAL USE OF COMPUTER PROGRAMS
DescriptionIn this scientific article the author considers the questions, concerning the circumstances of the subject to establish in cases of illegal use of computer programs
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Description
In the present article the analysis of essence of system of the appeal, check and revision of judgments is carried out; the state is defined the condition of this system and its functioning on the basis of current trends of development of the acting criminal procedure legislation, practice of its application is defined; the circumstances and collisions influencing terms and quality of consideration of criminal cases in courts of appeal instance come to light and also recommendations and suggestions for improvement of work of the courts of the court of appeal are formulated
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GENERAL SOCIAL WAYS OF PREVENTION OF BRIBERY IN THE SPHERE OF MEDICAL SERVICES
DescriptionThis article discusses the problems associated with the use of general social ways of prevention of bribery in the sphere of medical services. General social ways of prevention of bribery in the sphere of medical services: economic, technical, ideological are considered in detail. The author of the article puts forward a number of proposals for enhancing the efficiency of general social ways of prevention of bribery in the sphere of medical services
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Description
In the article, we have considered issues of the subject of the investigation and determination of the investigative actions necessary to establish circumstances of the crime. The article shows the role of investigative situations in the methodology of the investigation
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Description
The article covers the following problems: delineation, prevention, suppression and detection of crimes as well as the detection and identification of the criminals who prepare, organize and commit crimes; search of fugitive suspects and people who holeup and abscond and dodge the responsibility as well as search of missing people; obtaining information about the events and activity (negligence) causing national, military, economical and environmental security threat of the Russian Federation; determination of the forfeitable property. The author suggests some solutions for the mentioned problems.
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Description
In the article we examine Roman-Germanic legal family. Sometimes this legal family is called the family of continental legal systems, which underlines the fundamental difference of RomanGermanic law, which arose on the European continent, from common law, arising also in Europe (in England), but outside of that continent. The legal family is called family civil rights arising from the Latin term "civil law" or "civil jus", meaning the use of Roman law for only Roman citizens or "cives". In this case, the article shows the huge impact of Roman law on the law of continental Europe. Roman-Germanic legal family is the most common in the world. It includes the countries of continental Europe, Latin America and many other countries. In such a vast country we can allocate appropriate legal panel involving certain national legal systems that have similar features. Such legal groups, the author classifies: Roman; Germanic; the legal group of the Scandinavian countries; the legal group of the Eastern European countries; the legal group of countries of Latin America and Africa. Among them, we can highlight the legal group of the Scandinavian countries, which has its own specifics. The article discusses a feature of the legal systems of the countries of Scandinavia
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Description
In the article, we have performed an analysis of respect for the principle of immunity of the right of a private property in case of the address of a claim to property. Restrictions of the principle of immunity are shown concerning both property objects, and concerning competences of the owner that in case of proper approach from the legislator is not violation of the rights and interests of the person. The unique premises can act as a subject of the address of collection of debts of the testator. It is established that the size of the money which isn't subject to collection shall be determined living at least by the territorial subject of the Russian Federation, and also funds for expenses for acquisition of necessary medicines and the equipment shall be in addition guaranteed. Shortcomings and contradictions in case of regulation of the bases of the address of collection on separate types of property are revealed, suggestions for improvement of these provisions are made
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HOW TO SOLVE THE TASK OF CLASSIFICATION OF TYPES OF RIFLE AMMUNITION USING THE METHOD OF ASCANALYSIS
DescriptionIn criminology, there are actual problems of determining the type (machine gun, rifle, large caliber, pistol) and a particular model of small rifle for its ammunition, in particular, discovered in the use of weapons. The article proposes a solution to this problem with the use of a new innovative method of artificial intelligence: automated system-cognitive analysis (ASCanalysis) and its programmatic toolkit – a universal cognitive analytical system called "Eidos". In the system of "Eidos", we have implemented a software interface that provides input to the system images, and the identification of their external contours on the basis of luminance and color contrast. Typing by multiparameter contour images of specific ammunition, we create and verify the system-cognitive model, with the use of which (if the model is sufficiently reliable), we can solve problems of system identification, classification, study of the simulated object by studying its model and others. For these tasks we perform the following steps: 1) enter the images of ammunitions into the system of "Eidos" and create mathematical models of their contours; 2) synthesis and verification of models of the generalized images of ammunition for types of weapons based on the contour images of specific munitions (multivariate typology); 3) quantification of the similarities-differences of the specific ammunition with generalized images of ammunition of various types and models of small rifle (system identification); 4) quantification of the similarities-differences of the types of munitions, i.e. cluster-constructive analysis
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ORGANIZATIONAL AND LEGAL ASPECTS OF INVESTIGATIVE GROUP FORMATION
DescriptionThe article deals with the issues related to the organizational and legal aspects of investigative group formation. The author has analyzed scientific and technical literature, materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed changes and additions to the content of the article 163 of Criminal Procedure Code. The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the performance of the investigative and the operational and investigative teams and the work of their leaders, to consider the establishment of investigative and operational investigative groups in criminal cases, which are of great public and political importance and are under control of inter-agency working groups on combating organized forms of criminal activities. According to the author, it is necessary to raise the level of responsibility of the leaders of the investigative and operational investigative groups, which are aimed on the investigation of crimes committed by an organized group, gang or a criminal association, as well as by persons, classified as representatives of the organized crime. Together with the management of bodies engaged in operational investigative activities, a uniform algorithm for the establishment and functioning of investigative and operational investigative groups should be worked out and introduced to the junior agencies staff and subordinate units
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Description
As a result of the analysis of scientific and special literature, and summarizing the forensic investigative and operational practices and the views of experts from the investigative team, the author came to the conclusion that the activities of the head of an investigative body and inquiry agency should include a mechanism of control over the execution of organizational and other activities planned for the interaction system. Therefore, an analytical and methodical organizational headquarters to manage the interaction within the investigative team should be used. The author also believes that it’s necessary to provide the interaction between the staff of the preliminary investigation and inquiry, as well as officials carrying out the operational searching activity during the whole period of the investigative team activities. The forms of interaction should be presented as a set of cooperative and agreed criminal procedure and organizational and administrative actions of the investigator, the head of the investigative team and the inquiry agency, on the basis of operational or operational and tactical availability in conjunction with the methods of operational and investigative activities and proceedings in compliance with the principles of criminal procedure law and the Federal law "On the OSA" for the purpose of direct execution of the criminal procedure legislation and the solution of tasks of the operational searching activities