12.00.00 Law sciences
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Description
Modern legal experts often underestimate the importance of the crime scene examination. However, even when a crime scene is examined by a coroner the goal of the investigative procedure is not always achieved as in Russian investigative practice the detailed examination is often mistaken for the expertise. In order to study the problems of the investigative examination the author has carried out a thorough analysis of the major stages of the crime scene examination method development in Criminal Procedure and Criminalistics
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ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS
DescriptionThe author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
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PARTICULARITY OF THE ESTIMATION OF EXPERT'S STATEMENT
DescriptionIn accordance with the Article 17 of the Criminal Code of the Russian Federation, expert evidence is not of the predetermined force for a detective, an investigator, a prosecutor, a judge and a jury. However, historically it is actually estimated as specific evidence different from the other. As early as before the revolution in Russia a court expert was considered to be a scientific judge. An expert is a judge of the facts whose evidence on the case is not actually estimated along with the other types of evidence
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TACTICS OF SEARCH AND SEIZURE IN CASES OF ILLEGAL CREDIT OBTAINING
DescriptionAs a result of timely carrying out of a search and sei-zure, law enforcement officers have an opportunity of analysis of the major sources of proofs in the given category of documents. At the same time, there are cases when field investigators and inspectors face va-riety of massive problems during search or seizure. The given article is devoted these and other problems
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Description
There are quite few scientific researches covering the problems of organizing and tactics of investigation in court procedure, which meet the requirements of the Procedural Criminal Law of the Russian Federation in the legal literature. The studies of the ways of sur-mounting counteraction in court hardly exist. There-fore, the authors consider the matters of counteraction in the course of investigation in court paying attention to the existing theory and practice of counteraction in the criminal court procedure. They have developed some scientific recommendations upon the measures for surmounting counteraction to investigation in court in various circumstances
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Description
The concept of long-term social and economic development of the Russian Federation declares that in Russia, the society based on trust and responsibility that will be reached at the expense of provision of equal possibilities for social mobility of talented representatives of all social classes, social policy realization, on support of vulnerable levels of population and carrying out of the policy directed on integration of migrants should be generated
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RECONCILIATION WITH THE VICTIM AS A BASIS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY
DescriptionThe article is devoted to the main basis of exemption from criminal responsibility in connection of reconciliation with the victim. The essence of conciliation is analyzed, its features are determined, the definition is given. The necessity of its consolidation in criminal law is established
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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
The dismissal of the criminal case differs greatly from such a procedural act as the suspension of the case. The major difference is that the dismissal means the termination of the case, conclusion of investigation, while the suspension is just a temporary break caused by some certain circumstances, when they are eliminated the case procedure will be renewed and carried out in a regular way
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EXECUTION OF SEARCH WITH ADVOCATE PARTICIPATION
DescriptionIn accordance with clause 53 of the Criminal Code of the Russian Federation, an advocate is entitled to take part in any investigative actions where his client is involved. But this right is not always used; actually, none of the advocates would confess that avoiding such events is a way to save time, and when being asked he (she) points out another reason – investigators don’t announce the forthcoming events beforehand