12.00.00 Law sciences
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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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PLUNDER OF REAL ESTATE OR BUYING REAL ESTATE: QUESTIONS OF THE THEORY AND PRACTICE
DescriptionThe authors consider the issue of qualification of unlawful treatment of property in favor of the perpetrator – as plunder or buying another's property. Also, in the article we highlight the enforcement practice in relation to the identified problems at the level of the Krasnodar region
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ABOUT CRIMINAL LIABILITY FOR THE CRIMES CONNECTED WITH EXTREMIST ACTIVITY
DescriptionThe article deals with criminal liability for crimes related to extremist activity. Different points of view regarding the classification of extremist crimes are analyzed. Particular attention was paid to the consideration of the judicial-investigative practice concerning the application of criminal responsibility for the commission of this type of crime. The authors formulated proposals for improving the current criminal legislation in the field of combating extremism
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Description
The author in this article points out that, in the current conditions of the development of scientific and technical means, differentiation of individual expert studies into independent types or subspecies of forensic examinations is observed. Mutual penetration of special knowledge and solving related issues by attracting specialists from various fields leads to the integration of scientific knowledge. In such conditions, the guarantee of professional expert research is the specialization of the forensic expert on specific types of forensic examinations and the continuous improvement of his qualification in a particular specialty in accordance with the development of scientific and methodological achievements in this field. To achieve this goal, the EFU system of the Ministry of Internal Affairs of Russia currently provides the following: 1) training in higher educational institutions of the Ministry of the Interior of Russia on the specialty "Forensic examination"; 2) an internship, which takes place under the supervision of a mentor with subsequent certification for the right to self-produce expert examinations. However, despite this, the EFU of the Ministry of Internal Affairs system has a number of problems, caused by the following reasons: a reduction in the number of staff members of the EFU associated with the overall reorganization of MIA. 2) increase and differentiation of the workload of staff members in managerial and expert positions due to an increase in the number of databases of forensic accounts and the emergence of an additional burden. 3) weak material and technical support for territorial EFU. These problems, in the opinion of the author, are common to the whole system of the Ministry of Internal Affairs of the Russian Federation and require their solution by improving the quality of work of staff members and taking organizational and financial measures
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Description
The article is about legal status of artificial plots of land in International law. The authors briefly tell about the history of development of modern international maritime law. Then the authors analyze United Nations Convention’s 1982 on The Law of The Sea norms about legal status of artificial plots of lands situated in different regions of marine space: in the territorial sea, the contiguous zone, on the continental shelf, in the exclusive economic zone, on the high seas. The convention includes terms of the same nature, for example, artificial island, installations, structures, devices and constructions. The term «constructions» is collective for all objects, that was made by people in the maritime space. At the same time, the Convention divides some kinds of artificial things. In addition, the article is about State Sovereignty issues of artificial objects, which are placed in the maritime space. The authors established some parallels between International law rules and Russian law rules, which govern the legal status of artificial plots of land
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Description
The article discusses one of the central elements of criminalistic characteristics of crimes in the sphere of non-fulfilment of duties of a tax agent – the method of committing a crime. Given its definition, structure, classification of methods, and general characteristics with example from the practice of investigation of such offences
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THE PRINCIPLES OF STATE AND MUNICIPAL SERVICE
DescriptionThe article considers the ratio of the fundamental principles of the state and municipal services at the present stage of development of the state. It shows the problem concerning the possibility of expanding the list of these principles in the Federal laws and their harmonization
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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 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