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Police and Investigative Activity
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MAIN PAGE > Journal "Police and Investigative Activity" > Contents of Issue № 02/2018
Contents of Issue № 02/2018
The police and criminal procedure
Maximov O. - Individual Status of a Participant in a Criminal Case as an Essential Condition for Complete Criminal Procedure Activity pp. 1-8

DOI:
10.25136/2409-7810.2018.2.26027

Abstract: The article is devoted to particular issues related to the gaps in the legal regulation of the procedural status held by criminal procedure participants. The object of the research is the law enforcement activity performed by preliminary investigation authorities and courts to ensure the rights and legal interests of criminal procedure participants. The subject of the research is the combination of constitutional and criminal procedure laws that regulate the order of defining a procedural status of a participant, practical implementation of these laws and theoretically based positions of criminal procedure researchers regarding the issues arising in the process of defining a procedural status. In his research Maksimov applies general and special research methods, in particular, structured system approach, comparison, generalisation and legal logical analysis. As a result of the research, the author of the article defines a number of topical issues that may arise in the process of defining provisions regulating the role of a person in the criminal procedure law. The author concludes that it is unacceptable to replace a particular procedural status of a criminal procedure participant with an optional scope of rights. The author also offers recommendations aimed at improving the criminal procedure laws and law-enforcement practice. 
Isaeva K.A., Abdukarimova N.E., Vorontsova I.N. - On the Question about the Basic Trends and Reformation of the Criminal Procedure Law in the CIS Countries pp. 9-15

DOI:
10.25136/2409-7810.2018.2.26774

Abstract: In this article the authors discuss particular problems that relate to the reformation of the criminal procedure law in the CIS countries including the new version of the Criminal Procedure Code issued in Kazakhstan (2015) and Kyrgystan (2017), as well as obstacles that may prevent from implementation of a number of criminal law provisions. For this purpose, the authors define distinctive features of the criminal procedure law in terms of ongoing legal reforms in the CIS countries. They focus on the most troublesome criminal procedure institutions that may render a significant influence on criminal procedure in general. The article contains comparative law analysis of a number of provisions of the criminal procedure law in the CIS countries including new versions of the Criminal Procedure Codes. The authors of the article also provide a review of the new ideology followed by the legislator whch is proved by the principles set forth by the Criminal Procedure Codes of the CIS countries. The authors pay special attention to such important principle as adversarial system in a criminal trial but at the same time cover factors that, according to the authors, prevent from full implementation of that principle. They also give recommendations of the legislative nature that, to some degree, may help to achieve the tasks and objectives set forth for this sphere. The authors also raise questions about differentiation of criminal procedure stages and implementation of the institution of unofficial (special) investigative actions based on the provisions of the Criminal Procedure Codes of some CIS countries. Thus, the themes brought forth by the authors in terms of criminal procedure reforms, create conditions for the review of some provisions of the Criminal Procedure Code and making amendments and changes to the legal acts that ensure successfull realization of some institutions mentioned in the law.
Operative investigation in police work
Abdukarimova N.E., Erdolatov C.S., Toktorov A.E., Aliev A.T. - On the Question about the Structural Construction of an Organized Criminal Group pp. 16-23

DOI:
10.25136/2409-7810.2018.2.26778

Abstract: The article is devoted to the topical issues about the structural construction of an organized criminal group. In order to develop an original approach to the problem, the authors analyze positions of the leading scientists regarding the structure of organized criminal groups. They analyze the main views of the lawyers on the matter and create a model of today's criminal pyramid and give a criminological description of it based on the specific features of its actors. The authors explain their reason for why the legal community defines levels of organized crime and carry out a content analysis of the sources that describe positions of the lawyers on the matter. As a result of their research, the authors make a conclusion that the evolutionary development of the society has been having a significant effect on the structural changes of organized crime. The authors also give a scheme of how they view the main areas of criminal behavior of an organized criminal group and describe prerequisites for the extension and reinforcement of the criminal environment. 
Preventative work of the police
Vavilin M.V. - The Targets of Prosecutor's Supervision over Patriotic Education of the Youth pp. 24-34

DOI:
10.25136/2409-7810.2018.2.26726

Abstract:  The subject of the research is the activity of prosecution authorities aimed at supervision over patriotic education of young people as well as compliance with the legal acts that regulate the aforesaid activity. The object of the research is the legal relations arising in the course of organisation and performance of prosecutor's supervision over observation of laws in the sphere of patriotic education of the youth. The aim of the research is to develop theoretical provisions and recommendations of the legal, organisational, and methodological nature that would be aimed at increasing efficiency of prosecutor's supervision over patriotic education of the youth. The methodological basis of the research implies a set of general and special research methods. The main metho is the dialectical analysis. In addition, the author has applied such methods as analysis, synthesis, questionnaire survey, generalisation, comparison, statistical, logical and formal law analysis. The scientific novelty of the research is caused by the fact that the present research is one of the first to study prosecutor's supervision over observation of laws on the patriotic education of the youth and develop the issue theoretically and practically. The author defines the tasks of prosecutor's supervision over patriotic education, in particular, arrange for the monitoring over the legal base of patriotic education and elimination of gaps in the legal regulation thereof; adoption of measures of prosecutor's response; and enforcement of the requirements of the Federal Law No. 14 'Concerning Military Duty and Militar Service' by the means of prosecutor's supervision.
Informational support of the police
Kurakin A.V., Karpukhin D.V., Ostroushko A.V., Vorob'eva Y.Y., Ponomoreva M.A. - Legal Aspects of Opposition to the Harmful Influence of the Internet on Child Psyche pp. 35-55

DOI:
10.25136/2409-7810.2018.2.26818

Abstract: The article is devoted to the current attitude of the Russian Federation law and system of education to protection of children from suicide propaganda via the Internet. The object of the reseaerch is the protection of children from information that may be harmful for their life and health. This is an important task of the state and essential part of the country's information security measures. The authors of the article carry out analysis of algorithms used by Internet users for the purpose of creating efficient legal and social measures of prevention of harmful influence on the children. The research is based on the analysis of relevant acts and regulations as well as researches in the sphere of law, social studies and education. The authors obtained quite an amount of data that describe the influence of harmful suicidal information on children via the Internet and performed a statistical processing of that data. In particular, there was a special survey carried out that involved 179 respondents (19.7 % of the respondents aged from 18 to 20, 35.5 % aged from 21 to 30, 28.9 % aged from 31 to 40 and 15.9 % were older than 40 years old). In terms of profession, 56.6 % of respondents were laywers and 9.2 % were teachers. The results of the research give an in-depth insight into the role of the law and social control instutitions in prevention of suicidal threats among the underaged. In conclusion, the authors make recommendations regarding how to improve legal and social measures aimed at prevention of suicidal threats on the Internet. 
Problems of ensuring law-adherence and discipline in police work
Yarovenko V.V. - Participation of Witnesses in Investigative Actions as the Guarantee of Preliminary Investigation Validity pp. 56-65

DOI:
10.25136/2409-7810.2018.2.26137

Abstract: The subject of this research is the investigative interview of a witness as a participant of investigative proceeding. Yarovenko analyzes opinions of resarches on the use of modern technical means of recording instead of participation of witnesses. He focuses on the practical importance of an investigative interview of an individual recognized as a witness by the court and whether an investigative interview of a witness is the guarantee of the validity of a preliminary investigation in terms of requirements for the criminally-remedial law. The use of video recording still leaves a chance for falsification but creates more difficulty to discover them. The methodological basis of the research includes formal law method, generalisation, comparative law method, as well as analysis and synthesis of judicial practice. As a result of the analysis of researches and criminal cases, the author concludes that an investigative inquiry of a witness is the guarantee of validity of investigation both for the accused and investigators, investigators and operations staff. Thus, the current technical means of recording cannot guarantee the validity of evidence. 
Question at hand
Yarovenko V.V., Poleshchuk O.V., Shapovalova G.M. - Cloud Computing as a New Paradigm of Criminal Science pp. 66-72

DOI:
10.25136/2409-7810.2018.2.26409

Abstract: The subject of the research is the problem of information resources of operative investigation and technical criminalistical tasks resolved by investigators and inspectors in the course of crime detection and investigation. The authors outline the most typical features and patterns of the development and application of existing information funds, collections, and atlases that contain a description of the  most commonly used items and traces designated for accurate and detailed description of an object in an investigation protocol (inspection, seizure, search), the latter being an essential condition for the validity of material evidence. The methodology of the research is based on the methods of analysis and interpretation of applicable laws and conceptual provisions of information management and analysis in criminal research as well as application of the law to investigation of crime. As a result of the research, the authors define and prove the need of transfer from the traditional information management of everyday investigation office activities to the cloud computing technology as part of computer-based criminalistics. At this state of the development, criminalistics pay a lot of attention to electronic media that can be accessed both locally and remotely via the Internet. 
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