FIELD INVESTIGATOR (SLEUTH). ISSUE NO. 3 (44) FOR 2015

History of Professional Investigation and Operative Search Activity

Tatiana Lvovna Matienko, Doctor of Law, Professor of the Moscow University of the Ministry of Interior of Russia, L.L.D., Assistant Professor, e-mail: pet4332@yandex.ru,

Aleksey Nikolayevich Vasilyev, Adjunct (full-time) of the Department of State and Law History of the University of the Ministry of Interior of Russia.

Crime Detection: historical experience of the organization and activities of Moscow police (XVIII—beginning of XX centuries).

Annotation. The article deals with the analysis of regulations and archival sources of Moscow Police. It shows the evolution of the principles of organization and activities of Moscow police in the fight against crime in the XVII—beginning of XX century and reflects the general direction of Russian general criminal investigation development and its final establishment as a function of general police in the second half of the XVIII century. The article displays organizational and structural development of crime detection as a special kind of law enforcement activity in the late XIX—early XX century.

Key words: A.F. Koshko, Moscow, police, investigation, Russia, search.

Problems of Theory and Practice of Modern Operative Search Activity

Konstantin Konstantinovich Goryainov, Chief Researcher for the Study of Detective Activity Department of the Center for Studying Safety Problems in the Field of their Provision within the Penal System of the Research Institute of the FPS of Russia, Doctor of Law (Moscow), Professor, Honored Worker of Science of the Russian Federation,

Sergei Nikolaevich Ovchinnikov, Deputy Chief of the Center — Chief of Department of Regime, Guard and Escort Methodologies Improvement of the Center for Studying Safety Problems in the Field of their Provision within the Penal System of the Research Institute of the FPS of Russia, PhD in Sociology, e-mail: mont80@mail.ru,

Leonid Evgenjevich Shetnev, Senior Lecturer of the Department of Organization of Operative Penal Divisions Activities and Specialized Procedures of VLI of the FPS of Russia, PhD (Law).

Some Special Features in the Legal Foundation of Safety Divisions within Organizational Units of the FPS of Russia.

Annotation. The authors make an attempt to analyze some special features of the legal regulation of safety divisions within organizational units of the Federal Penitentiary Service, as well as formulate proposals aimed at improving the legislation in this area.

Key words: operative search activity, operative search measures, safety divisions, legal standing, the correctional system.

Oleg Dmitrievich Zhuk, Member of «O(sy)» editorial board, Doctor of law, Professor, e-mail: ole375@rambler.ru.

Using the results of the sting operations in dismantling criminal organizations (comparative studies).

Annotation. The author considers questions of using the results of sting operations; procedural peculiarities of the collection and consolidation of evidence obtained during the review of operative  search activities; analysis of foreign practice of the protection of persons introduced into the criminal environment to address specific operative search objectives and possible implementation of certain provisions in Russian criminal law and criminal procedure law.

Key words: organized crime, operative search activities, sting operations, undercover agents, operative search information, investigator, prosecutor, witnesses’ defense.

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

Blooming and Fading of Saint-Petersburg Scientific School of Operative Search Activity.

Annotation. The article is devoted to Saint-Petersburg Scientific School of operative search activity, scientific lawyers of Saint-Petersburg who contributed into the development of investigative activity science. The modern issues are analyzed.

Key words: scientific school, operative search science, scientific lawyer.

Evgeny Vladimirovich Pisarev, associate professor of criminal-law disciplines chair of Samara state economic university, candidate of jurisprudence, associate professor, e-mail: ewg.pisarev@yandex.ru.

Peculiarities of information interaction between the subject of operative search activity and the investigator.

Annotation. Some problems of giving information, received in the result of operative search activity to the investigator and the peculiarities of its use in the process of proof are analyzed.

Key words: investigator, information, operative search information, proof, information interaction, confident.

Elena Nikolaevna Kholopova, Professor of the Department of criminal process, criminology and legal informatics of Law Institute of Baltic Federal University named after I. Kant, Doctor of Law, Professor, e-mail: elchol@mail.ru,

Anatoly Sergeevich Boitsov, Law Institute post-graduate student of Baltic Federal University named after I. Kant,

Semen Sergeevich Guschin, Law Institute post-graduate student of Baltic Federal University named after I. Kant.

The human factor as a source of threats to information security of the operative search activity (on the example of border control agencies).

Annotation. On the basis of the complex analysis the article considers the human factor as a threat to the security of the bodies which carry out the operative search activity; examines the legal and psychological approaches to the causes of preconditions and possibilities of threat realization. Ways to overcome the described problem situations are proposed.

Key words: attack, information security, pattern, motive, operative search activity, operative officer, responsibility, border authorities, psychological state, stress, threat, the human factor.

Eduard Iosifovich Yun, professor of military unit 33965, PHD, assistant professor, e-mail: klenik67@rambler.ru.

Russian special services activity law enforcement problem and the ways of its solving.

Annotation. The article discusses the problem of Russian special services activity legislative regulation and forecasts the ways to solve it. It states the main standards of the expected law on regulating secret services activity.

Key words: legislative regulation, secrecy, operative search activity, special services, security provision, strategic forces, special activities.

Yury Petrovich Garmaev, Doctor of Law, Professor (Ulan-Ude city), e-mail: garmaeff@yandex.ru.

Legal enlightenment and legal informing in operative search and in criminal proceeding.

Annotation. The author suggests considering legal enlightenment and legal informing of citizens as one of the objectives of operative search science and as one of the directions of its further development. Concepts and features of legal enlightenment and legal informing are formulated, the distinction from related scientific categories is given. Practical examples illustrate the relevance and prospects of implementing appropriate means into the work of the operative search activities.

Key words: legal enlightenment, legal informing, tasks of operative search science, legal information available to the public, manuals and memos.

Masters of Theory and Practice of Operative Search Activity

Valery Pavlovich Kuvaldin, Member of «O(sy)» editorial board, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, tel: 8-915-082-1572.

In memory of Grigory Karpovich Sinilov (some touches to his scientific portrait).

Annotation. The article describes the life and professional activities of a famous operative search scholar G.K. Sinilov.

Key words: G.K. Sinilov, operative search activity, professional activities, scholar.

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.

Some ideas on creating typical techniques of documenting crimes committed in construction complex.

Annotation. The concept of documenting, its trends and staff actions algorythm of economic divisions of internal affairs departments when they document crimes by creating special methods of documenting crimes in construction complex are revealed in the article.

Key words: documenting, crime, method of committing a crime, construction complex, standard technique.

Vladimir Aleksandrovich Gusev, Member of «O(sy)» editorial board, candidate of juridical sciences, assistant professor, e-mail: gusevva@mail.ru.

«Parallel reality» of constraint in operative search activity.

Annotation. The article examines the possibility of state constraint in the operative search activity. According to the author, it is possible to solve the problem of constraint during operative search activities through including the legal procedures for the application of constraint measures into the Federal Law «On operative search activity».

Key words: open operative search measures, operative search activity, detective, constraint.

Sergey Anatolievich Chumarov, Head of the Department of the Operative Search Activity Siberian Law Institute of the FDCS of Russia (Krasnoyarsk), е-mail: chymarov@mail.ru.

On legal form of coercive procedures conducted at operative search activity.

Annotation. The article deals with the deficiencies of law in normative regulation of detention, delivering (a citizen to a police station) and body search at operative search activity. Various legal forms within which these coercive procedures can exist are studied. The author proves the opinion that detention, delivering (a citizen to a police station) and body search are coercive operative search measures.

Key words: operative search activity, detention, delivering a citizen to a police station, body search, operative search operations, coercive procedures, operative search measures.

Allied Areas of Scientific Knowledge and Practice

Irina Aleksandrovna Admiralova, associate Professor of the Department of operative search activity of All-Russian Institute of advanced training of employees of the Ministry of Internal Affairs of Russia (Moscow region, Domodedovo), candidate of jurisprudence, associate Professor, e-mail: irina_adm@mail.ru,

Tatiana Ivanovna Vorobieva, senior lecturer of the Department of Informatics of Moscow University of the MIA of Russia named after V.J. Kikot, e-mail: vorobeva@mail.com.

Peculiarities of Police department activities organization for the prevention of crimes against personal freedom.

Annotation. The article describes the main tasks of internal affairs bodies relating to the prevention of crimes against the freedom of an individual. It also specifies the circumstances contributing to the occurrence of this type of crime. The article reveals individual crime prevention measures against personal freedom; discloses preventive effect on those prone to commit crimes of this type.

Key words: victimological prevention, operative search activities, crime prevention, human trafficking, freedom of an individual.

Alexey Mikhaylovich Voronov, director of the Center of legal bases for state administration and civil society development of the Institute of effective state and civil society problems of «Financial University under the Government of the Russian Federation» (Moscow), Doctor of Law, professor, e-mail: alex_voronoff@mail.ru,

Alexey Mikhaylovich Gogolev, the director of the Perm branch of «Financial university under the Government of the Russian Federation», the candidate of jurisprudence,

Vitaly Valeryevich Harchenko, head of legal department of JSC CB «Renessans», candidate of jurisprudence,

Anatoly Mikhaylovich Abramov, chief scientific employee of the Russian customs academy, Doctor of Law, professor.

Administrative and legal counteraction measures against legalization (laundering) of income gained in the criminal way and financing terrorism.

Annotation. On the basis of the analysis of counteraction system against legalization (laundering) of income gained in the criminal way and financing terrorism which includes law-enforcement activity and financial monitoring, the authors note what exactly prudential supervision is: the preliminary, «early» supervision allowing to register potential complications and problems in financial institutions activity. It is proposed to make it a fundamental activity principle of Rosfinmonitoring services.

Key words: law-enforcement activity, legalization of income, terrorism, financial monitoring, financial control, prudential supervision.

Konstantin Mikhailovich Lobzov, Member of «O(sy)» editorial board, Doctor of Military Sciences, Associate Professor, e-mail: lobzovk@mail.ru.

Tutor’s professional work and creativity at the leading department of a military higher educational institution.

Annotation. The author’s approach to the interpretation of tutor’s work and creativity in a military higher educational institution is proposed in the article.

Key words: absence of principle, the dialectics, spiritual purity, knowledge, individual, intelligence, department, collective, a lecture, a monograph, the potential of the department, the tutor, researcher, the problem of truth, identity, independence, freedom, creative potential, work, creativity, teaching aids.

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

New index of «scientific individuality» and some other citation indexes in national law science.

Annotation. The Validity of h-index and some other citation indexes in national law science is considered in the article. A new citation index of scientific output is proposed — «Index of scientific individuality».

Key words: index of scientific individuality, h-index, science, rating, scientist, citation, evaluation scale of scientist’s contribution, jurisprudence.

Review Page

Evgeny Nikolaevich Yakovets, Professor of the Department of operative search activity organization of Management Academy of the Ministry of Internal Affairs of Russia (Moscow), Doctor of Law, Associate Professor, e-mail: kosha997@mail.ru.

About the book «Operative Search Science Philosophy «(Review of the monograph «Shumilov, A.Yu. Operative Search Science in the Russian Federation: Monograph / A.Yu. Shu-milov. 3 volumes. M.: Publishing House of I.I. Shumilova, 2014. V. II. Operative Search Science Philosophy. — 416 pages (Professional Investigation Theory and Practice)»).

Annotation. The results of scientific research conducted by A.S. Shumilov, which is associated with the creation, formation and development of operative search science and its philosophy in the Russian Federation are appraised.

The conclusion is made about the relevance of the conducted research, its scientific novelty, theoretical and practical significance.

The reviewer expressed his opinion regarding the «scientific» philosophy of operative search science, the legitimacy of certain non-traditional methods of operative search activity, the need for greater generalization of the results of scientific work in the field of syscology development.

Key words: the theory of operative search activity, operative search science, syscology, operative search sociology of science, philosophy, epistemology, methodology, dialectical, pseudo-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