FIELD INVESTIGATOR (SLEUTH). ISSUE NO. 4 (45) FOR 2015

History of Professional Investigation and Operative Search Activity

Konstantin Sergeevich Petrov, Lecturer at Theory of State and Law Department, Moscow Institute of State and Municipal Management, PhD,  e-mail: kspetrov5@gmail.com.

Formation of legal institution of state secret protection in Russia.

Annotation. The author reviewed the formation of the foundations of the institute of state secrets protection in Russia. Two stages of this process are distinguished. Their characteristics are revealed. The relationship of the foundations formation of the institute of state secrets protection accompanying institutions of censorship and cryptographic deal is shown.

Key words: state secret, protection of state secrets, the history of state secrets protection, stages protection of state secrets development, the formation of censorship.

Problems of Theory and Practice of Modern Operative Search Activity

Chintir Magomedovich Ismailov, Senior Assistant Prosecutor, Makhachkala, Republic of Dagestan, PhD, e-mail: gukom@yandex.ru.

Correlation of limitation of the right for inviolability of home, criminal procedure and investigative activities with administrative regulations (some issues regarding the search of disappeared people).

Annotation. The article examines the problem of rights restriction in Criminal procedure, investigative and administrative activities, their correlation. Different legal regulations of such situations depending on the restrictions mode are shown. Specific proposals for the improvement and harmonization of legislation in the sphere of the constitutional right limitation to inviolability of the home are justified.

Key words: unexplained disappearance of people, the inviolability of home, emergency cases circumstances, operative search activity, judicial control, notification of the Prosecutor, Criminal Procedure Code of the RF, the Federal law «On police».

 

 

Dmitriy Alekseevich Makarov, Master, Criminal Law Chair, Russian New University (Moscow), e-mail: makarov-dm-al@mail.ru.

Main approaches to the use of the results of operative technical actions in proving on criminal cases.

Annotation. The article defines the results of operative technical actions. The basic approaches to their use in proving on criminal cases are revealed and areas for improvement of legislation on this problem are designated.

Key words: operative technical actions, operative search actions, results, proving, evidence.

 

 

Boris Aristarkhovich Spasennikov, Principal Researcher, Research Institute of the Federal Penitentiary Service of Russia (Moscow), Doctor of Law, Professor, e-mail: borisspasennikov@yandex.ru,

Armand Vladislavovich Tsaturov, Researcher, Research Institute of the Federal Penitentiary Service of Russia.

On improving operative search activities among those serving a sentence for crimes of an extremist nature.

Annotation. The article analyzes the legal regulation of operative search activity in penitentiary system of Russia. Based on their operative search activity experience the authors suggest ways to improve it.

Key words: legal regulation, operative search activity, prisons of Federal Penitentiary Service of Russia.

 

 

Lubov Evgenievna Chistova, Associate Professor, Department of Criminology of Moscow University of the Interior Ministry to them. VJ Kikot, Ph.D., e-mail: tchistova-lubov@yandex.ru.

Controlled delivery of drugs as part of operational and tactical combination in criminal cases investigation on their smuggling.

Annotation. The paper discusses different authors’ points of view on controlled delivery definition in detail; provides the author’s position on this issue and suggestions for the production of a controlled delivery within the operational and tactical combination to seize smugglers red-handed and identify the entire mechanism of the crime.

Key words: controlled delivery, drugs, operational and tactical combination, investigation of criminal cases, drug smuggling.

 

 

Pavel Vladimirovich Ezrokhin, Assistant Chief, UUR GU the Ministry of foreign affairs of Russia, the Moscow region, PhD, e-mail: ya.77723pavel@yandex.ru.

Operative investigation as an effective form of operative search activity on counteraction against organized criminal groups and criminal communities of general crime.

Annotation. Some important issues of studying operative investigation of organized criminal groups and criminal communities of general crime and ways of its mastering in police practice are analyzed.

Key words: operative elaboration, operative search activity, organized criminal group, criminal community, counteraction.

 

 

Yuri Nikolaevich Tuganov, Doctor of Law, Associate Professor, e-mail: yurij-tuganov@yandex.ru,

Angelica Sergeevna Kursanova, adjunct.

Organized forms of terrorism: new acts in the Criminal Code of the Russian Federation and the necessity of taking into account changes in the operative search activity.

Annotation. The article examines the organizational forms of terrorism, taking into account changes made in the criminal code of the Russian Federation in November 2013 and June 2014. The authors conduct criminal-legal analysis of the compositions of the Criminal code, which stipulates criminal responsibility for the organization and participation in terrorist groups. The authors indicate existing gaps in the structure of crimes. The need to take into account changes in the operative search activity is pointed out.

Key words: operative search activity, terrorism, illegal formation, the terrorist community, terrorist organization, terrorist activities.

Masters of Theory and Practice of Operative Search Activity

Mikhail Alexeevich Samelyuk, «0(si)» editorial team member, Doctor of History, Professor, e-mail: m.alekseev1979@mail.ru.

Towards 120-th anniversary of birth of a famous military intelligence officer hero of the USSR Richard Zorge (1895—1944).

Annotation. Based on the analysis of archive and other documents the operational situation in Japan in the 30-ies of the 20th century is shown and evaluation of the impact of Richard Zorge’s illegal residency in prevention of Japan’s attack on the USSR in 1941 is made.

Key words: Zorge, intelligence service, war plans, Japan.

Tribune of Candidates for degrees in Law

Ainur Airatovich Akhmetshin, Candidate for a PhD Degree in Law at the Criminal Law and Process Chair, Law Faculty, Institute of Law, Bashkir State University (Ufa), e-mail: aaainur84@mail.ru.

Some issues of operative search activity results application in judicial proceedings of criminal cases for alleged information on the act of terrorism.

Annotation. The legal base for the use of the results of operative search activity in the trials on criminal cases for alleged information on the act of terrorism is designated. The article analyses the statistic data on the criminal cases of alleged information on an act of terrorism for the last five years. The results of the survey held among the law enforcement officers of the south-eastern region of Republic of Bashkortostan and the cities of Chelyabinsk, Beloretsk, Ufa are stated in the article.

Key words: act of terrorism, alleged information, the result of operative search activity, statistic analysis, an operative officer.

Allied Areas of Scientific Knowledge and Practice

Stanislav Vasilievich Bazhanov, Senior Research Fellow, Department of Prosecutor’s supervision problems and strengthening the rule of law in the economy, Research Institute of the Academy of the General Prosecutor of the Russian Federation, Doctor of Law, Professor, e-mail: svb-1956@mail.ru.

Performing urgent investigative actions by the bodies of internal affairs (police).

Annotation. This article deals with the legal regime of performing urgent investigative actions in criminal cases under investigators’ surveillance by police.

Key words: internal affairs agencies, urgent investigative actions, investigative bodies, initial investigations, the police.

 

 

Andrey Vasilievich Kolesnikov, Deputy Prosecutor of the Jewish Autonomous Region, (Birobidzhan), tel. 8-914-154-1800.

Techniques of prosecutor’s supervision over implementing the operative search activity in criminal cases involving crimes committed against the person in non-obvious conditions.

Annotation. The article considers common disorders originating in the prosecutor’s and investigative practice. Examples of such violations are given. Author’s technique of prosecutor’s supervision over the implementation of operative search activities in criminal cases involving crimes against the person committed in non-obvious conditions is worked out.

Key words: prosecutor’s supervision, methods of prosecutor’s supervision, typical violations of the law, institutional control, investigator, operative search activity, falsification.

 

 

Roman Vladimirovich Kouleshov, Head of the Scientific Work Coordination Department in the Ministry for Internal Affairs of Russia, Department of Civil Service and Personnel of the Ministry for Internal Affairs of Russia, PhD, e-mail: kouleshov_rv@rambler.ru.

Classification of extremist and terrorist crimes: system generalization attempt.

Annotation. The author’s original integrated classification of extremist and terrorist crimes is described. Scientific principles of criminological classification theory laid the foundation for its development.

Key words: ideology, classification, criminology, violence, norm, terrorist crimes, terrorism, terrorist activity, extremism, extremist activity, extremist orientation.

 

 

Pavel Vladimirovich Pavlov, Head of International business Department, High School of Business, South Federal University (HSB SFU), Doctor of Economics, Doctor of Law, Prof. (Rostov-on-Don), e-mail: pavel.pavlov20@gmail.com,

Lyudmila Vasilievna Tkacheva, Senior lecturer, Civil and Corporate Law Department, Institute of Management in Economic, Ecological and Social Systems, South Federal University (IMEESS SFU) (Taganrog), e-mail: ludmila_c82@list.ru.

Counteracting measures to prevent capital outflow through off-shore zones.

Annotation. The article analyzes the reasons of off-shore zones appearance and their functional location, determines the off-shore business. The author studies the basic tax preferences for off-shore zone residents; examines the key reasons of capital outflow from Russia to off-shore zones and suggests the legal ways of solving these problems.

Key words: off-shore business, off-shore zone, tax preferences, tax planning, tax evasion, legal regulation.

 

 

Natalia Vasilievna Prosandeeva, Professor at the Faculty of Political Sciences, the State Academic University for Humanities (Moscow), Doctor of Philosophy, Associate Professor, e-mail: bardina_natasha@ mail.ru.

Modern educational model and its use in professional socialization of security forces.

Annotation. The author explores the reasons for the reform of the higher school of the Russian Federation in the context of highly questionable competence approach. The author is sure: the main reason for choosing this educational paradigm is the desire to reduce in the shortest possible time the price of Russian labour forces and the level of education that was based on the Soviet humanistic concept of participation and relevance of education and could compete with the leading Western countries on the global market.

Key words: the reform of the higher school, competence approach, Soviet educational paradigm, professional socialization, security forces, national security.

 

 

Leyla Kamil Salimova, Doctoral Candidate of the National Academy of Sciences of Azerbaijan Republic (Baku), e-mail: oper-ord@mail.ru.

Considering some theoretical problems of juvenile legislation for administering justice in the criminal proceedings.

Annotation. The article considers theoretical viewpoints on juvenile justice by scientists-lawyers of foreign countries. Basic approaches of applying juvenile justice in the system of criminal proceedings are stated.

Key words: juveniles, criminal proceedings, profylaxis, criminality, juvenile justice.

Operative Search Activity Abroad. International Cooperation

Marlen Munarbekovich Esenbaev, chief officer, State border service of the Kyrgyz Republic (Bishkek), e-mail: de_marsel@mail.ru.

On the concept and legal nature of the state border of the Kyrgyz Republic and its operative protection.

Annotation. Some issues associated with determination of the concept of state border, its legal status, the problems of its establishment and legal registration are considered in the article.

Key words: the state border of the Kyrgyz Republic, a state, national and state interests, an essential attribute, to provide national security, legal status, territory.

Review Page

Nikolai Petrovich Vodko, Member of O(sy) editorial board, Doctor of law, Professor, Honored lawyer of the Russian Federation, e-mail: Nikpetvod78@mail.ru.

Crime Geostrategy (review on the book «Haro, J.-F. Geostrategy of crime / J.-F. Geiro, F. Thual; translation from French: A.E. Korystin. К.: PH «Skif, 2014»).

Annotation. The book of French scientists Jean-françois Haro and Francois Thual «Geostrategy of crime», translated into Russian by doctor of law, Professor A.E. Korystin is reviewed. The authors’ view on the problems of the geopolitics of crime in the period of globalization is analyzed.

Key words: geostrategy, crime, globalization.

 

 

Nikolai Semyonovich Zheleznyak, Member of O(sy) editorial board, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, e-mail: zhns21@mail.ru.

Some thoughts on A.Yu. Shumilov’s article «New index of «scientific individuality» and some citation indexes in national law science».

Annotation. The assessment of author’s proposals on creation of a new citation index in national law science is given, merits and demerits are revealed, proposals on its improvement are made.

Key words: index, index of scientific individuality, citation, scientific individuality, law science, operational search activity.

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