12.00.00 Law sciences
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Description
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
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Description
An analysis of the provisions of the Criminal Procedure Code and other regulatory legal acts relating to the investigation and operational investigation team activity shows that the head of the investigative and operational group exercises, among others, the organizational and managerial function. Consequently, these powers are not limited to procedural functions alone. In the proposed article, the author examines what these functions are and how they influence the procedure for investigating crimes
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A FARM UNINCORPORATED AS A SUBJECT OF TRADING RELATIONS
DescriptionThe article touches upon the question of the legal personality of farm unincorporated as a whole and in trading relations. The author gives scientific concepts concerning the recognition / non-recognition of farm unincorporated as a subject of law. Most scientists believe that the farm unincorporated does not subjects of law. Proponents of this view consider the farm unincorporated as a multiplicity of persons, or as a kind of special partnerships. The author thinks that these points of view are questionable. The author joins the persons who think that the farm unincorporated is a special subject of law. The author understands the trading relations as a cross-industry category. Therefore, the author concludes that the farm unincorporated is the subject of the trade relationship. This is because the farm unincorporated is not a subject of civil law, but it is a subject of other branches of law (for example, land law and labor law). Therefore, a farm unincorporated can be the subject of trading relations
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SOME ELEMENTS OF CRIMINALISTIC FEATURES OF FRAUD IN INSURANCE
DescriptionThe article describes the criminalistic features of fraud in insurance. Particular attention is paid to the basic elements, such as the ways of committing fraud, the study of social and psychological portrait of a criminal, the circumstances of the crime, the mechanism of the crime and other elements. The article reveals different types of performances applied for committing fraud in insurance. Special attention is paid to the most common traces of crime in insurance. Material traces are found in a wide variety of documents: insurance contracts, insurance policies, medical records, the findings of evaluation expertise, the certificates issued by the law enforcement agencies, acts of car repair shops, acts of firefighters, etc. The article traces the material except the author gives the concept of ideal traces that remain in the minds of all victims and witnesses. The author presents a classification of fraud in insurance according to various reasons: depending on the degree of organization of the fraud and the status of persons who commit fraud. The results of the author’s research covered in this article relate to preliminary verification of the crime in insurance. The article considers different situations requiring inspection for detecting criminal activities in insurance
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ABOUT CRIMINALISTIC CLASSIFICATION OF THE CRIMES AGAINST FAMILY AND MINORS
DescriptionThe article describes the main problems of criminalistic classification of crimes against family and minors. There were investigated the characteristics of criminal law and criminal nature, which is the basis for the classification
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Description
The authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator
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MPROVING THE TRAINING OF STATE AND MUNICIPAL EMPLOYEES
DescriptionThe article analyzes the stages of formation of Institute of state and municipal service in the Russian state. The analysis of the problems has identified in the process of implementation of this institution and the direct correlation of the level of professional training of employees and quality of the implementing service. We consequently suggest ways to improve the training of state and municipal employees
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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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THE ABUSE OF RIGHTS WHILE TRANSFERRING REAL ESTATE
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. The amendments to the article on the abuse of rights were caused by the current practice. However, there remains a question about how well these novels are being implemented. This article examines the question of the application of the principle of prohibition of abuse of rights in proprietary relations. Statistics show that the judges started to apply Art. 10 ten times more often in proprietary relations. Still, this situation is inextricably intertwined with the risk of judicial discretion. The article also investigated the correlation of the subjective rights of a bona fide owner and a bona fide purchaser of real estate. Based on the conducted research the author proposes the notion of abuse of right in property relations. It is concluded that a proper understanding of the categories of "bona fide owner" and "bona fide purchaser" is the main factors in the resolution of a number of practical issues
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Description
In the article, we analyze the measures that the lawenforcement authorities of Tsarist Russia undertook against the process of bringing the criminal income into the economy of the country and using it for the extremist and terrorist activities. The fact that the amount of illegal incomes in Russia in the late XIX century and the beginning of the XX century increased massively, and these incomes were used in the social and political life in quite a peculiar way, confirms the idea that in the democratizing society undergoing a number of social reforms many political organizations recourse to searching for and forming illegal sources of financial incomes and further money laundering to support their activities. The increase in crime, especially in the economic sphere, strains social relations, instigates different organizations and movements struggling for power to receive financing from criminal sources. In their turn, the organizations and movements use the criminal incomes for the political struggle, masking it behind noble causes. Criminal associations arising against the national backdrop manipulate the political, cross-national and other kinds of contradictions, existing in international and interstate relations. With the aim of laundering the “shadow” funds and in defiance of the national interests, they use the services of foreign banks and special agencies of antagonistic countries