Field Investigator (Sleuth). Issue No. 1 (42) for 2015

oblojka_42_full

History of Professional Investigation

Vladimir Alexandrovich Parsukov, Candidate for a Ph.D. Degree in Law at the Chair of State and Legal Disciplines, Faculty of Law and Finance, South Ural State University (Chelyabinsk), е-mail: parsukov77@mail.ru.

Certain Aspects of Legal Regulation of Undercover Activities in a Separate Corps of Border Guards in the Russian Empire.

Annotation. On the basis of legal regulations setting out the framework for confidential cooperation in special services of the Russian Empire, the author shows the formation of undercover activities in a Separate Corps of Border Guards in late 19th — early 20th centuries.

Key words: agent, undercover activities, informer, confidential assistance, Separate Corps of Border Guards, border surveillance, legal regulation, intelligence.

Alexander Yulievich Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.

Ten Years of Operative Search Law in Russia: Expectations, Realia and Hopes.

Annotation. The article contains the author’s point of view about certain issues of legislative regulation of operative search activity as stated by him thirteen years ago.

Key words: legislative regulation, operative search activity, operative search law.

Problems of Contemporary Investigative Theory and Practice

Maksim Rudolfovich Glushkov, Head of the Chair of Forensics at the Sixth Faculty of Professional Development, Professional Development Institute, Academy of the Investigative Committee of the Russian Federation (Saint Petersburg), e-mail: factasunt@mail.ru.

The Use of Physical Force When Carrying Out Operative Search Actions.

Annotation. The article deals with legal regulation of the use of physical force by the authorities carrying out operative search activity. As shown, regulation thereof is not uniform, and in some departments it does not exist at all. The article suggests the ways to elaborate current legal framework.

Key words: legal regulation, operative search activity, operative search actions, physical force.

Victor Fedorovich Lugovik, Professor at the Chair of Operative Search Activities of Internal Affairs Bodies, Omsk Academy of the Ministry of Internal Affairs of Russia, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, e-mail: vlug@yandex.ru.

Codification as a Way to Improve Legal Regulation of Operative Search Activity.

Annotation. The article deals with the problems and concepts of legal regulation of operative search activity. Codification of operative search legislation is regarded as the most promising area of legal regulation. The article provides the structure of operative search code.

Key words: operative search activity, operative search law, operative search code, legal regulation.

Current state and perspectives of operative search science in the Russian Federation: papers of the round table (Lyubertsy, Moscow region, 23 April 2014)

Valery Mikhailovich Atmazhitov, Professor, Honored Lawyer of the Russian Federation, Member of O(sy) editorial board, e-mail: v.atmazhitov@mail.ru.

About Certain Ways of the Development of Theory of Operative Search Activity.

Annotation. Some issues were discussed at the round table “Condition and Prospects of the Operative Search Science in the Russian Federation” (Moscow Region, Lyubertsy, 23 April 2014, absentee form). The author, in particular, considers some important ways of the development of theory of operative search activity in the current context. The issues that need to be examined through special scientific research are advanced for discussion.

Key words: operative search activity, operative search actions, operative search measures, legal regulation of operative search activity, development of theory of operative search activity.

Ivan Ignatievich Basetsky, Doctor of Law, Professor, Honored Lawyer of the Republic of Belarus, Editor-in-Chief of the Magazine “Bulletin of the Academy of Ministry of Internal Affairs of the Republic of Belarus” (Minsk), Member of the Editorial Board’s Foreign Section at O(sy), e-mail: nio_academia@mail.ru.

On the Way to Acknowledge the Need for Elaboration of a Methodological Basis for the ‘Syskologia’ Science as a Unified Investigation Theory.

Annotation. The author keeps considering the issues related to the subject matter of operative search activity as a new emerging science which includes theoretical and legal as well as moral and psychological aspects of a human factor in investigation.

Key words: consistency in the formation and development of the subject matter of syskologia, legal continuity, investigation (sysk), syskologia, human factor in investigation.

Nikolay Vladimirovich Pavlichenko, Member of O(sy) editorial board, Doctor of Law, Associate Professor, E-mail: aldan1973@rambler.ru.

Scientific and Technical Research in the Operative Search Science.

Annotation. This article demonstrates new (creative) technical solutions that will improve the activities of operative search authorities while dealing with the tasks set forth in the Federal Law on Operative Search Activity. It analyzes the researches on the problem of the science of operative search activity existing in the data basis of the Federal Institute of Industrial Property, as well as the problems and urgencies of the researches in operative search sphere. The article analyses the scientific and technical research in the sphere of operative search activity and provides scientific and practical recommendations on the use of innovative findings in detection, prevention and solving crimes.

Key words: invention, innovation, operative search activity, operative search actions, patent, useful model.

Victor Petrovich Sal’nikov, Editor-in-Chief of the Magazine «Legal Science: History and Modern Times» Magazine, Doctor of Law, Professor, Honored Worker of Science of the Russian Federation, Honored Worker of Higher Professional Education of the Russian Federation, Honored Fellow of the RF MIA (Saint-Petersburg), e-mail:fonduniver@bk.ru.

Sergey Ivanovich Zakhartsev, Deputy CEO, Russian Machines Corporation (Moscow), Doctor of Law, e-mail: Sergeyivz@yandex.ru.

Briefly About the Current Issues of the Operative Search Science.

Annotation. The article briefly examines three current issues of the science of operative search activity. It is proposed to pay special attention to these issues, study them thoroughly and discuss in details, and thereafter to find jointly the way to resolve them.

Key words: methodology, science of operative search activity, professional deformation, secrecy, philosophy of science.

Andrey Evguenievich Chechetin, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Member of O(sy) editorial board, e-mail: achechetin @ mail.ru.

Modern Operative Search Activity and Constraints.

Annotation. The article considers whether it is possible to apply the constraints measures in operative search activity in view of the fact that the current practice involves public examination and other operative search actions enforceable in a way limiting the individual rights without proper legislative regulation.

Key words: operative search activity, operative search actions, constraints measures, rights of the individual, public examination.

Alexander Yulievich Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.

Philosophy of the Operative Search Science (Syskologia).

Annotation. The article considers certain aspects of the formation of the philosophy of the operative search science (syskologia). The definition is provided; its object and subject are defined. The problem of epistomology and positivism in the philosophy of the operative search science is outlined. A glossary of new terms and definitions is attached.

Key words: operative search science (syskologia), object, subject, positive philosophy, philosophy of operative search science, epistomology.

Masters of Theory and Practice of Professional Investigation

Valery Cheslavovich Rodevich, Professor at the Chair of Operative Search Activity, Militia Faculty, Academy of the Ministry of Internal Affairs of the Republic of Belarus (Minsk), Ph.D. in Law, Associate Professor, e-mail: ord.by@tut.by.

Ivan Ignatyevich Basetsky: a Scholar, a Poet and an Individual. The 70th Birth Anniversary.

Annotation. Story about life and professional activities of I.I. Basetsky, a famous Belarus lawyer.

Key words: I.I. Basetsky, professional legal activities.

Tribune of Candidates for Degrees in Law

Oleg Valeryevich Vikulov, Attorney-at-Law, Candidate for a Ph.D. Degree in Law, Buryat State University (Ulan-Ude), e-mail: oleg0977@yandex.ru.

On the Opportunity to Present Operative Search Activity Results to the Court.

Annotation. The author considers certain current issues of the presentation of operative search activity results to the court.

Key words: prosecutor, results of operative search activity, court.

Mariya Aleksandrovna Dudarets, Candidate for a Ph.D. Degree in Law at the Chair of Operative Search Activity, Institute of Law Enforcement Activity of the Russian Customs Academy (Lyubertsy, Moscow region), e-mail: mdudarec@bk.ru.

Some Current Issues of How Customs Authorities Combat Oil and Oil Products Smuggling.

Annotation. The article covers some issues of classification of oil and oil products smuggling as strategically important resources which should be described for the use of operative and inquiry divisions of the customs authorities of the Russian Federation.

Key words: classification of crimes, smuggling, oil products, oil, operative search activity, corpus delicti, customs authorities, criminal law evaluation of information.

Sergey Mikhailovich Lugovich, Candidate for a Ph.D. Degree in Law (Adjunct), Omsk Academy of the Ministry of Internal Affairs of Russia, e-mail: lygovich@mail.ru.

On the Need to Put in Place a Legal Framework for the Rights and Duties of a Criminal Investigator When Carrying Out Operative Search Actions.

Annotation. The article deals with special aspects of legal regulation of the criminal investigator’s powers when carrying out operative search actions as a key element of his legal status.

Key words: operative search activities, powers, rights and duties, operative search actions, criminal investigator.

Konstantin Vladimirovich Chistyakov, Candidate for a Ph.D. Degree in Law at the Chair of Criminal Law Disciplines, Institute of Humanitarian Education and Information Technologies (IGUMO and IT) (Moscow), e-mail: ch1styakov@mail.ru.

Identity of a Xenophobic Criminal.

Annotation. The article examines the extremist identity and his inner world. It also analyzes the norms, values and beliefs of a subculture forming propensity for violence. Stand characteristics of the ideologists of extremist movement are outlined.

Key words: ideology, identity, nationalism, hate, intolerance, subculture, terrorism, fanaticism, extremism.

Professional Investigation Abroad. International Cooperation

Valery Cheslavovich Rodevich, Professor at the Chair of Operative Search Activity, Militia Faculty, Academy of the Ministry of Internal Affairs of the Republic of Belarus (Minsk), Ph.D. in Law, Associate Professor, e-mail: ord.by@tut.by.

Legal Status of the Subjects of Operative Search Activity and Perspectives of its Development in the Context of Law Enforcement Practice Improvement.

Annotation. The article explains the way to develop legal status of the participants of operative search activity, the need to expand their rights and obligations and suggests new provisions to the Law of the Republic of Belarus on Operative Search Activity.

Key words: law, competence, inquiry bodies, liability, rights and obligations, legal status, subject of operative search activity, participants, functions.

Review Page

Ivan Anbreevich Ivannikov, Professor at the Chair of Theory and History of State and Law, Southern Federal University (Rostov on Don), Doctor of Law, Doctor of Political Sciences, e-mail: weide02@gmail.com.

Reflections on the book by A.Yu. Shumilov “Introduction to legal scientometrics” (Review of the monograph by A.Yu. Shumilov “Introduction to legal scientometrics: monograph / A.Yu. Shumilov. Moscow: Publishing house of I.I. Shumilova, 2012. — 394 pages (National and Foreign Legal Thoughts).

Annotation. The article is devoted to the problems of modern legal science in Russia, the role of scientometrics to learn modern scientific information in the light of the monograph by A.Y. Shumilov.

Key words: scientometric studies, turnover of the legal research product, A.Y. Shumilov, legal scientometrics.

Sergey Ivanovich Zakhartsev, Deputy CEO, Russian Machines Corporation (Moscow), Doctor of Law, e-mail: Sergeyivz@yandex.ru,

Victor Petrovich Sal’nikov, Editor-in-Chief of the Magazine «Legal Science: History and Modern Times», Doctor of Law, Professor, Honored Worker of Science of the Russian Federation, Honored Worker of Higher Professional Education of the Russian Federation, Honored Fellow of the RF MIA (Saint-Petersburg), e-mail: fonduniver@bk.ru.

When a scholar has something to say (Review of the monograph by A.Yu. Shumilov «Operative search science in the Russian Federation: monograph. / A.Yu. Shumilov. In three volumes. Moscow: Publishing house of I.I. Shumilova, 2013. Volume I: Operative search activity and the formation of science about it. — 455 pages. (Theory and practice of professional investigation)».

Annotation. The first volume of a monograph «Operative search science in the Russian Federation» by A.Yu Shumilov is reviewed. The reviewers come to a conclusion that this book is significant for a science of operative search activity and important both for theory and practice; it also broadly outlines certain current problems.

Key words: science of operative search activity, operative search science (syskologia), law, philosophy of science.

Index of the Articles Published in 2014

№ 1(38) January 2014oblojka_38 № 2(39) April 2014oblojka_39 № 3(40) July 2014oblojka_40 № 4(41) November 2014oblojka_41