12.00.00 Law sciences
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ORGANIZATIONAL AND TACTICAL FEATURES OF THE AIRCRAFT ACCIDENT SITE EXAMINATION
DescriptionThis article discusses the organizational and tactical features of the aircraft accident site examination. For successful solution of the problems which the investigator faces: for a quick and thorough crime detection, exposure of guilty persons and their fair sentencing, the investigator should clearly understand what circumstances are to be ascertained and proved in a particular case. The aircraft accident site examination is primary and necessary investigative activity. Success of the investigation of aircraft accidents, which are often accompanied by human deaths, depends on the efficient accident site examination. Very often, seemingly identical situations are generated by different causes and require an individual approach. To choose the best way of discovering past events the investigator should consider the organizational and tactical features in the course of crime scene examination. To carry out the efficient accident site examination, experts in the field of aeronautical engineering, a forensic expert or a doctor as well as a specialist of forensic units for the production of photo and video at the crash site should be involved. It is necessary to fix and remove the traces and other evidence, and the obtained data must be recorded in the accident site examination report
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Description
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 definitions of an investigative team and an investigation group and the matters related to the investigation planning (strategic plan, an additional plan, the investigation plan as a whole in the case and during specific investigative actions and operationalsearch activities). 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 effectiveness of the investigation and the investigative teams and the work of their managers to develop effective, strategic, shared, refined, additional plans for specific investigative actions and operational-search measures. The author also offers and considers it expedient to establish the investigative team as a procedural form of interaction in the production of the preliminary investigation, as well as the group of the operational support of the investigative team, i. e., operational investigation group as a non-procedural form of the activities for the detection and investigation of non-obvious, serious and very serious crimes. Thus, for the development and the effective operation on the detection and the investigation of non-obvious, serious and very serious crimes, multi episode, complex cases with the socio-political impact, the investigative team and the operational investigation group should be combined into a single structure
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Description
The author has analyzed scientific and technical literature, plus 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 items and norms of the criminal procedural law governing the activities of the detective, the head of the investigative body, the head of the investigation team, the investigator, the chief of the inquiry body, the body of inquiry unit and the head of the group of investigators. However, the article 163 of Criminal Procedure Code provides for organizational and administrative activity of the head of the investigative body in terms of decision-making on the establishment of the investigation team, in determining the psychologically compatible, pushing and experienced investigators, members of the investigation team, as well as the approving of the head of the investigative group. Moreover, according to the p. 3 of part 1 of the art. 39 of the Russian Criminal Procedure Code, a head of the investigative body has the right to give instructions about the direction of the investigation and certain investigative actions
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Description
This article is important today because there is not enough attention in the contemporary law publications paid to the typical patterns of crime mechanism especially in the sphere of illegal weapon and ammunition turnover. Taking into account the opinions of such well-known forensic scientists as R.S. Belkin, V.D. Zelensky, G.M. Meretukov, M.V. Golovin, V.A. Obraztsov, J.G. Korukhov, V.Y. Koldin, O.V. Chelysheva, L.Y. Drapkin, V.N. Karagodin and others, the author comes to the conclusion that it’s necessary to develop typical patterns of crime mechanism for certain types of crime. The author has worked out some typical patterns of crime mechanism in the sphere of illegal weapon and ammunition turnover based upon major informative criminalistic elements, this particular article describes seven typical patterns of crime mechanism for the illegal storage, transportation, transfer, carry, purchase and sale, manufacture, repair or alteration, theft or extortion, careless storage or improper performance of duties on protection of weapon, its basic parts and ammunition. Each pattern is accompanied with the examples of judicial and investigative practice, followed by the necessary explanations and analysis of the activities of the subject of the investigation on the preparation, followup and final stages, which leads to the conclusion about the legitimacy of the proposed patterns
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Description
Taking into account the opinions of famous scientists like I.M.Gudkin, О.Y. Baev, V.M.Meshkov and V.V. Vainov and existing forensic practice, the authors con-sidered the organizational tactical and methodical aspects of a person's detention for illegal arms traffic. The content of the article has the scientific novelty, the theoretical and practical significance
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Description
The article briefly describes the completeness of the organization of the investigation and its relevance to forensic techniques. The peculiarities of the structure of the technique of investigation of crimes against family and minors were examined
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ORGANIZATION OF THE INITIAL STAGE OF THE INVESTIGATION OF CRIMES AGAINST THE FAMILY AND MINORS
DescriptionThe article describes main questions of the organization - the analytical process at the initial stage of the investigation of crimes against the family and minors, particularly targeting investigated, initial investigation, shows the features of the initial stage of investigation of trafficking in minors, child substitution and illegal adoption
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PRELIMINARY VERIFICATION OF REPORTING ILLEGAL TRAFFIC OF WEAPONS AND AMMUNITION
DescriptionIn this scientific article the author considers some as-pects of a preliminary check of messages about non-legal traffic of weapons, ammunition. The author identifies the key circumstances establishment, the procedure for their identification in order to obtain basis for criminal proceedings
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DETECTIVE POLICE OF THE RUSSIAN EMPIRE IN THE WORKS OF DOMESTIC RESEARCHERS
DescriptionThe article analyzes the most important works on the history, regulatory, and organizational and legal regulation of secret police of the Russian Empire engaged in the fight against criminal offenses, as well as a brief analysis and commentary of the content. It is noted that in the pre-revolutionary historiography special studies on the historical and legal analysis of the criminal investigation have been identified as the national system of secret police was formed only in 1908. In all Soviet historiography police detective, exactly like all public institutions of autocratic Russia as a whole was considered from the extremely negative side, with an emphasis on its "class, anti-national character" and "reactionary nature", within the established ideological dogmas that ultimately resulted in the loss of objectivity and distortion of the truth. Post-Soviet historiography is characterized by an almost total abandonment of rigidly set ideological attitudes that positively entailed as a new vector in the development of historical and historical and legal sciences in general and objective coverage of the problem in particular. During this period there were some published works, though fragmentary, which address the problems of Russian secret police in historical and legal aspects, taking into account the new conceptual approach
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ACQUISITION GROUNDS OF PROPRIETORSHIP DUE TO LONG STANDING OF POSSESSION
DescriptionThe article deals with the peculiarities of the proprie-torship acquisition due to long standing of possession on the basis of juridical facts theory. There is the analysis of the necessary conditions for the proprietorship acquisition on the given basis (fairness and openness of the possession, continuity of the term) and the general description of the supposed changes in the Civil Code of the Russian Federation related to the acquisi-tive prescription institution