FIELD INVESTIGATOR (SLEUTH). ISSUE NO. 2 (43) FOR 2015

oblojka_43

Problems of Theory and Practice of Modern Operative Search Activity

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

In search of essence and content of modern operative search science: view of syskologist.

Annotation. Author’s point of view on essence and content of modern operative search science (syskologia) is given. Ways of its improvement are proposed.

Key words: operative search science, content of operative search science, essence of operative search science, syskologia.

Sergey Sergeevich Baturin, officer of the criminal investigation department in Khabarovsk region, e-mail: Serg_Baturin87@mail.ru.

Wiretapping at request of a citizen.

Annotation. The author analyzes the legal basis for wiretapping on the application of  a citizen who receives threats. Proposals of some researchers on the application of standard p. 6 art. 8  of the Federal law «On operative search activity» are reviewed.

Key words: departmental control, statement, operative search action, wiretapping, legal basis.

Andrey Victorovich Gordin, associate professor of Academy of the Federal Guard Service of the Russian Federation (Orel), PhD in Law, e-mail: metod63@academ.msk.rsnet.ru.

On the issue of the development mechanism of operative search science in contemporary operative search reality.

Annotation. This article analyses the material of the conference «Condition and prospect of operative search science in the Russian Federation» (held on 23rd April 2014). In particular, the problems of development of operative search science in the paradigm of the criminal investigation have been determined on the basis of the analysis of these materials.

Key words: science of law, operative search science, operative search activity, professional crime detection activity, syskologiya, paradigm.

Peter Ivanovich Ivanov, a member of the editorial board of «O(sy)», Doctor of Law, professor, honored lawyer of the Russian Federation,

Anton Evgenievich Buldin, student of the Academy of the Interior Ministry of Russia (Moscow), e-mail: antonbuldun1986@gmail.com.

On the issue of operative search support  of  preliminary investigation and judicial proceedings for the legalization of crime proceeds.

Annotation.  An attempt was made to show the features of an investigative support of the preliminary investigation and trial of cases of crime proceeds legalization.

Key words: legalization of crime proceeds, measures for maintenance, operational and investigative support , support of criminal cases , forms of interaction.

Maxim Valeryevich Kondratjev, assistant lecturer of the criminal procedure and criminal science department of Kemerovo state university, the Deputy Head of the operations service of the Department of Federal Drug Control Service in Kemerovo Region, e-mail: kondratev_83@mail.ru,

Valery Kolossovich Znikin, Doctor of Law, Professor, professor of the criminal procedure and criminal science department, honored lawyer of the Russian Federation, e-mail: koloss2@mail.ru.

On provocation at operative search actions «Controlled purchase» and «Operations experiment».

Annotation. The article focuses on problems of the provocation inadmissibility at operative search actions «Controlled purchase» and «Operations experiment». The attempt of separating the legal actions of operational-investigative agency employees and provocative actions in operative search activity has been undertaken.

Key words: operative search activity, operative search actions, operations experiment, controlled purchase, provocation, operative search agency.

Vasily Dmitrievich Larichev, chief researcher of All-Russian Scientific Research Institute of the Ministry of Internal Affairs of Russia, doctor of jurisprudence, professor, e-mail: larichev48@mail.ru,

Boris Viktorovich Borin, doctoral candidate of All-Russian Scientific Research Institute of the Ministry of Internal Affairs of Russia, candidate of jurisprudence, e-mail: bvb007@yandex.ru.

General methods of economic crimes detection.

Annotation. Stages of activities for detection of offenses are considered (from obtaining primary information before decision-making on the results of check) and specifications of the general methods of economic crimes identification are offered.

Key words: detection of offenses, obtaining primary information, signs of crimes, the  operative search characteristics of crimes, verification of the received information.

Vladimir Anatolievich Serednev, lecturer of the department of economics and law of Arzamas branch of Nizhny Novgorod state university named after N.I. Lobachevskiy (c. Аrzаmаs), e-mail: naganov1910@mail.ru.

Discretion of a subject carrying out operative search activity, or On inefficiency of regulations of part 4 article 157 of the Criminal Code of the Russian Federation.

Annotation. Some issues of application efficiency of regulations of part 4 art.157 of the CPC of the RF in operative search work.  Proposals for its improvement have been irk are considerentroduced.

Key words: operative search action, regulations of art.157 of the CPC of the RF, operative search activity, subject, discretion.

Igor Lvovich Khromov, Doctor of law, professor of Moscow MIA University of the  R.F., тел. 8-985-923-4497.

Financial support of operative search activity.

Annotation. The financial support of operative search activity was considered as an object of knowledge of operative search activity theory. Its content elements which consist of laws requiring search operations funding were investigated. The structure of funding was reviewed and its concept was formulated.

Key words: subject of theory of operative search activity, funding of public and private activities, laws related to funding of OIA, payment of rewards and maintenance, financing mechanism, expenditure of funds, financial and operational relationships.

Alexander Vasilievich Churkin, associate professor at the Chair of Criminal Procedure, Military University of the Ministry of Defence of the Russian Federation (Moscow), Ph.D. in Law, associate professor, e-mail: tschurkinalex@mail.ru.

Appeal in Operative Search Activity: issues beyond both: Legislation and Judicial Practice.

Annotation. The article reviews gaps in the legislation related to appeal against officers’ and authorities’ actions (omission) and decisions in operative search activities and the mutually inconsistent judicial practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on these matters. In light of the review, ways of improving the legislation are suggested.

Key words: authorities’ approval, challenge, operative search activity, judicial approval, judicial control.

Evgeniy Nickolaevich Yakovets, professor of the department of operational-investigative activity organization at the Administration Academy of the Ministry of Internal Affairs of Russia (Moscow), Doctor of Law, associate professor, e-mail: kosha997@mail.ru.

Information security issues in professional investigation activities.

Annotation. The article discusses the concept of information security as one of the ways to collect information in the field of prevention of threats to the national security of the Russian Federation, as well as one of the basic elements (functions) of operational-investigative activity organization.

Key words: information security of individuals, society and states, protection of information with restricted access, protection of information and telecommunication systems, personal information security.

Masters of Theory and Practice of Operative Search Activity

Valeriy Mikhailovich Atmazhitov, professor, honored lawyer of the Russian Federation, «0(si)» editorial team member, e-mail: v.atmazhitov @mail.ru.

To 100-th anniversary of D.V. Grebelsky (1914—1986).

Annotation. The article tells about the life and professional activities of one of the founders of operative search activity theory of internal agencies D.V. Grebelsky.

Key words: professional legal activities, operative search activity, D.V. Grebelsky.

Tribune of Candidates for Degrees in Law

Boris Viktorovich Borin, doctoral candidate at All-Russian Scientific Research Institute of the Ministry of Internal Affairs of Russia (Moscow), candidate of jurisprudence, e-mail: bvb007@yandex.ru.

Оn some contents elements of operative service of construction complex.

Annotation. Some contents elements of construction complex operative service including information-analytical support of operative search activity, interaction of economic security and corruption counteraction subdivisions between themselves and other internal departments as well as bodies with control – registration functions are considered.

Key words: interaction, information support, operative service, operative search activity, contents, construction complex.

Svetlana Pavlovna Vayle, PhD (Law), leading researcher, All-Russian Scientific Research Institute of the Ministry of Internal Affairs (Moscow), e-mail: spvayle@ mail.ru.

On the issue of counteracting extremism as a form of organized crime.

Annotation. The author analyses the progress of the situation in counteracting extremist threat in Russia; examines some causes of its evolution and considers the contemporary situation.

Key words: organized crime, extremism counteraction, extremism, extremist formations.

Oleg Valerievich Vikulov, lawyer, post-graduate student of Buryat State University (Ulan-Ude), e-mail: oleg0977@yan-dex.ru.

The effect of the European Court of human rights judgements on the practice of using the results of operational investigative activity as criminal evidence.

Annotation. This article considers the question of the impact of the European Court of human rights decisions on domestic practice of using the results of operational investigative activity in criminal proceedings. It analyzes the conditions for recognizing the validity of the operational-search activity results. Some suggestions for changing legislation are made.

Key words: European Court of Human Rights, operational-investigative activity,operative experiment, controlled purchase, prosecutor, court.

Alexander Sergeevich Samodelkin, candidate of legal sciences, associate professor, doctoral candidate of All-Russian Research Institute of the Ministry of Internal Affairs of Russia (Moscow), e-mail: putin@list.ru.

On coordination types of operational search activity.

Annotation. The author studies types of coordination of operational search activity. The author suggests distinguishing such types of coordination of operational search activity as a) territorial b) departmental and c) purposeful. Differentiation on these grounds of coordination of the operational search activity helps to understand the content of the considered relations and emphasizes its organizational and administrative functionality.

Key words: operational search activity, coordination, types.

Allied Areas of Scientific Knowledge and Practice

Andrey Alexandrovich Vorontsov, senior counselor of justice, a senior fellow at the department of procurator’s supervision and strengthening the rule of law in the economic sphere Scientific Research Institute of the Academy of the Prosecutor General of the Russian Federation.:

Natalia Victorovna Subanova. senior counselor of justice, deputy director of the Research Institute of the Academy of the Prosecutor General of the Russian Federation, Doctor of Law, е-mail: 9991888@mail.ru.

Annotation. Nowadays procedural regulation of procurator’s criminal and administrative prosecution is not given due attention in codified acts. Conducted analysis of procedural legislation and law enforcement practice made it possible to highlight some problems reducing the efficiency of procurator’s activity. In this connection ways of improvement of criminal and administrative prosecution are proposed.

Key words: supervision, prosecution, procedure on administrative violations, procurator, criminal procedure, economy.

Operative Search Activity Abroad. International Cooperation

Nikolai Semyonovich Zheleznyak, professor of the department of operational-search activity, doctor of Law, professor, honored lawyer of the Russian Federation, member of O(sy) editorial board, e-mail: zhns21@mail.ru,

Igor Anatolyevich Medvedev, head of Siberian Law Institute of the FDCS of Russia,(Krasnoyarsk), Major General of Police.

Peculiarities of narcotics officers training for Latin American countries within the framework of mobile team training provided by instructors of the FDCS of Russia.

Annotation. The article considers the necessity and peculiarities of advanced training courses for narcotics officers of Latin American countries in fighting transnational drug trafficking.

Key words: drug trafficking, FDCS of Russia, Latin America, advanced training, FDCS of Russia.

Review Page

Rifat Rakhmadzhonovich Yuldoshev, chief of organizational, scientific and publishing department, associate professor of criminal process department of Ministry of Internal Affairs Academy of the Republic of Tajikistan (Dushanbe), candidate of jurisprudence, e-mail: reefat@yandex.ru.

Informal review on the textbook R.H. Rakhimzoda (R.H. Rakhimova) (the review of the textbook «Rakhimzoda, R.H. Operative investigative activity. General part: textbook / R.H. Rakhimzoda. 2nd edition. Dushanbe: Er-graf publishing, 2014. — 692 pages (in Tajik language)»).

Annotation. The review reveals the essence and value of the textbook prepared by R.H. Rahimzoda on operative investigative activities in the state (Tajik) language. The author analyzes all the features of this tutorial in details, indicates some aspects of formation and  prospects for further development of the concept of an investigative rights in Tajikistan, as well as theoretical and practical components of the science and practice of  investigative law.

Key words: textbook on operative investigative activities, operative investigative activity, R.H. Rakhimov.

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