FIELD INVESTIGATOR (SLEUTH). ISSUE NO. 2 (47) FOR 2016

History of Professional Investigation and Operative Search Activity

Konstantin Sergeevich Petrov, Lecturer at the Chair of Theory of State and Law, Moscow Institute of State and Municipal Management, Ph.D. in Law, e-mail: kspetrov5@gmail.com.

Developing legal institution for state secrets protection in the second half of the XIX century — October 1917 year.

Annotation. The author reviewed the development of the institute of state secrets protection in Russia during the second half of the XIX century until the establishment of the Soviet power. The development dynamics of the institute of criminal liability for violating the law on state secrets and secret paperwork is given in the article. The relationship of the institution of state secrets protection with accompanying censorship institution is analyzed within that period.

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

Problems of Theory and Practice of Modern Operative Search Activity

Boris Borisovich Glazunov, Associate Professor at the Chair of Criminal Law, Criminal Procedure and Forensics, Novosibirsk Law Institute of Tomsk State University, Ph.D. in Law, Associate Professor, e-mail: bor219@yandex.ru.

Mythology in operative search activity.

Annotation. The article discusses the impact of myths on the operative search activity and operative search science.

Key words: mythology, myth, investigative activities, operative search science, syskologia.

Peter Ivanovich Ivanov, Member of O(sy) editorial board, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, tel. 8-909-974-2186.

On the question of organizing operative search prevention of economic and corruption crimes.

Annotation. This article discusses the features of operative search prevention organization at the production cite and turnover of ethyl alcohol and alcohol products as well as some other problems to be discussed.

Key words: criterion, operative search prevention, units of economic security and counteracting corruption, indicator, evaluation system, production cite and turnover of ethyl alcohol and alcohol products, economic and corruption crimes.

Vasily Dmitrievich Larichev, Member of O(sy) editorial board, Doctor of Law, Professor, Honored Scientist of the Russian Federation, e-mail: larichev48@mail.ru,

Alexei Nikolaevich Schipov, Candidate for a Ph.D. in Law, Federal State-Funded Institution «Russian Scientific Research Institute of the Ministry of Internal Affairs of Russia».

On the issue of operative search methods.

Annotation. The notion of methods is given in the article. The authors consider the issue of creating operative search methods of revealing and documenting as well as give different points of view on the contents of general provisions of operative search methods. Some proposals for creating such methods are made in the article.

Key words: methods,operative search activity, operative search methods, operative search characteristics of crimes, the structure of operative search methods.

Ruben Grigorievich Nalbandyan, researcher, Research Institute of Federal Penitentiary Service of Russia (Moscow),

Boris Aristarkhovich Spasennikov, Chief Researcher, Research Institute of the Federal Penitentiary Service of Russia, Doctor of Law, Professor, е-mail: borisspasennikov@yandex.ru.

Constraints at operative search activities of the correctional system operational units.

Annotation. This article attempts to analyze the legal basis for the use of constraints during search operations carried out by some units of operative search activity, comparing them with normative legal acts regulating the activities of the operating units of the correctional system, identify possible areas of improving the legal framework of their activities.

Key words: detention, search, delivering, operative search activity, constraints, criminal-executive system.

Vladimir Anatolievich Serednev, Lecturer at the Chair of Economics and Law, Arzamas Branch of NNSU named after N.I. Lobachevsky, e-mail: naganov1910@mail.ru.

The concept of differentiating moral-ethical principles in operative search activity.

Аnnotation. The author proposes to separate the unit of moral and ethical principles in the OSA on certain principles: ethics and morale. It is also proposed to introduce such principle as «devotion to the ideas of operative search activity» into the principles of morale in the article.

Key words: morale, ethics, operative search activity, law, principles.

Alexander Mikhailovich Smirnov, Leading Researcher, Research Institute of Federal Penitentiary Service (Moscow), Ph.D. in Law, Associate Professor, e-mail: vipnauka@list.ru.

On the question of applying operative search prevention curbing socially dangerous forms of protecting the rights and freedoms of an individual not excluding criminal actions.

Annotation. The article actualizes the possibility of applying operative search prevention in suppression of socially dangerous forms of protecting the rights and freedoms of an individual, not excluding criminal actions. It also sets out the general conditions for implementing prevention and the objects of its preventive effect.

Key words: criminal lynching, socially dangerous forms of protecting individual rights and freedoms, operative search prevention, operative search measures.

Daniil Georgievich Shashin, Associate professor at the Chair of State and Legal Disciplines, Federal State-Funded Educational Institution of Higher Education «East-Siberian Institute of the Ministry of Internal Affairs of Russia» (Irkutsk), Ph.D. in Law, Associate Professor, e-mail: shashin06@mail.ru,

Artyom Viktorovich Korshunov, Deputy Head of the Chair of Criminal Procedure, FS-FEI HE «East-Siberian Institute of the Ministry of Internal Affairs», Ph.D. in Law, Associate Professor, e-mail: korshounov@mail.ru.

The open inspection of premises, buildings, terrain and vehicles: the some problems of its legal regulation and implementation.

Annotation. This article deals with the problems of open inspection of premises, buildings, terrain and vehicles, their regulation and realization.

Key words: open inspection, operative search activity, human rights.

Masters of Theory and Practice of Operative Search Activity

Sergei Ivanovich Zakhartsev, Professor at the Chair of Theory and History of State and Law, Moscow State University of Management Technology named after K.G. Razumovsky, Doctor of Law, e-mail: Sergeyivz@yandex.ru,

Victor Mikhailovich Egorshin, Professor at the Chair of Operative Search Activity of Internal Affairs Bodies, Saint-Petersburg University of the Ministry of Internal Affairs of Russia, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, e-mail: egorshin-vm@list.ru,

Victor Petrovich Salnikov, Doctor of Law, Professor, Honored Scientist of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation (Saint-Petersburg), e-mail: Fonduniver@bk.ru,

Alexander Vladimirovich Shakhmatov, Professor at the Chair of Operative Search Activity, Saint-Petersburg University of the Ministry of Internal Affairs of Russia, Honored Member of Internal Affairs Bodies of the Russian Federation, Member of «Narkokontrol (Drug Control)» Journal Editorial Board, Doctor of Law, Professor, e-mail: a-shahmatov@yandex.ru.

The 60-th Birth Anniversary of Alexander Vyacheslavovich Fyodorov.

Annotation. The article is devoted to the 60-th birth anniversary of the chief editor of «Narkokontrol (Drug Control)» journal, professor Alexander Vyacheslavovich Fyodorov. A brief life story, professional activities, major scientific researches and published works are presented in the article.

Key words: Alexander Vyacheslavovich Fyodorov, anti-drugs policy, «Narkokontrol (Drug Control)» journal, drug criminology, drug crimes, drugs, counteracting illegal drug use,psychotropic substances.

Tribune of Candidates for Degrees in Law

Alexei Vyacheslavovich Agarkov, Senior Researcher, Russian Scientific Research Institute IBiS (Moscow), Ph.D. in Law, Associate Professor, Candidate for Doctor’s Degree in Law, e-mail: agarkov2107@rambler.ru.

On the question of determining the reason for implementing operative search activities.

Annotation. The problem of determining the reason for operative-search activities is considered in the article. On the basis of comparative analysis of existing definitions the author formulates his own definition of the concept «basis for implementing operative search activities» and describes its characteristic features.

Key words: operative search activity, operative search measures, the basis for the implementation of operative search activities.

Ivan Dmitrievich Shatokhin, Candidate for a Ph.D. Degree in Law (Adjunct), Barnaul Law Institute, Russian Ministry of Internal Affairs, e-mail: sha_to_hin@mail.ru.

Typical reasons for complaints to the Constitutional Court on the rules of the Federal Law «On operative search activity».

Annotation. The author analyzes the citizens’ complaints to the Constitutional Court of the Russian Federation to the rules of the Federal Law «On operative search activity». The study identified the main causes of citizens’ complaints to the Constitutional Court, as well as a number of other aspects worthy of attention in the context of the designated theme.

Key words: Constitutional Court, appeal, operative search activity, rule, the rights of the individual.

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 (Moscow), Doctor of Law, Professor, e-mail: svb-1956@mail.ru.

Theoretical and legal foundations of contemporary search activity.

Annotation. This article examines the historical, theoretical and legal basis of search as the cross-sectoral institute.

Key words: operative search bodies, inquiry bodies, search, operative search activity, the investigator.

Oleg Valerievich Damaskin, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, e-mail: dov39@mail.ru.

Citation indexes in national law science.

Annotation. The validity of h-indexes and some other citation indexes in the national law science is considered in the article.

Key words: index of scientific individuality, h-index, science, rating, scientist, citation, jurisprudence.

Alexander Lvovich Protopopov, Professor at the Chair of Criminal Procedure and Forensics, Saint-Petersburg Interregional Institute of Economics and Law, Ph.D. in Law, e-mail: ap@petroset.ru.

Investigator and operative search activities.

Annotation. The legislation of operative search activities is analyzed in the article. It is noted that an access to operative search activity and its results is not always granted to an investigator. There is a proposal to grant the investigator the right for the access to operative search activity on the case under investigation.

Key words: state secret, information, operative search activity, solution of a crime, investigator, criminal case.

Alexei Vasilievich Tebekin, Vice-Rector for Scientific Work, Russian Customs Academy (Lubertsy, Moscow region), Doctor of Technical Sciences, Doctor of Economic Sciences, Professor, Honorary Worker of Science and Technology of the Russian Federation, e-mail: Tebekin@gvail.com.

Methodological components of criminology.

Annotation. The tasks and functions of criminology are considered in the article. Methodological components of criminology as a science, built in a hierarchical sequence, including scientific methods of research, general theory of criminology, forensic technology, forensic forecasting, forensic issues of organizing detection and investigation of crime, forensic tactics, forensic methodology are analyzed by the author

Key words: hierarchical sequence, forensics, methodological components.

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

Improving new index of scientific individuality and h-index (time and rating of scientist’s works).

Annotation. The author proposes to expand new index of scientific individuality as well as h-index by time indicators in the article.

Key words: time, index of scientific individuality (SI-index), h-index, science, rating, scientist, citation, jurisprudence.

Operative Search Activity Abroad. International Cooperation

Valery Georgievich Mamatov, Associate Professor at the Chair of Criminal Law and Procedure, Russian Economic University named after G.V. Plekhanov (Moscow), Ph.D. in Law, Associate Professor, e-mail: vmamatov16@yandex.ru.

Legal and organizational problems of interaction in operative search activity by internal affairs bodies of Eurasian Economic Union member countries.

Annotation. The article discusses topical problems of legal regulation and organization of interaction in operative search activity by internal affairs bodies of the EEU member countries. On the results of the conducted research the author gives reasons for proposals and conclusions aimed at improving this work.

Key words: criminogenic situation, operative search activity, operative search measures, operational units, organizational measures, internal affairs bodies, statutory legal acts, transnational crime.

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

Some issues of legislative regulation on counteracting contraband by operative units of the Russian customs service in the framework of Eurasian Economic union.

Annotation. Some current issues of legislative regulation concerning anti-smuggling work of the Russian customs service operative units in the framework of Eurasian Economic Union are considered in the article. Measures for its improvement are proposed by the author.

Key words: Eurasian Economic Union, legislative regulation, smuggling, operative search activity, operative units, combat, customs bodies.

Review Page

Vladimir Afanasievich Kozlov, Senior Prosecutor at the department of Jural Administration, the General Prosecutor’s Office of the Russian Federation (Moscow), Doctor of Law, Professor, е-mail: jevgiar@rambler.ru.

A new approach to the main principles of operative search science (Review of the monograph «Shumilov, A.Yu. Operative Search Science in the Russian Federation: Monograph / A.Yu. Shumilov. 3 volumes. M.: Publishing House of I.I. Shumilova, 2015. V. III: Fundamental Principles. Book 1. Object, Subject and System of Operative Search Science. — 360 pages (Professional Investigation Theory and Practice)»).

Annotation. The first book «Object, Subject and System of Operative Search Science» of the third volume of A.Yu. Shumilov’s monograph «Operative Search Science in the Russian Federation»is reviewed. The reviewer comes to the conclusion that the monograph makes a considerable contribution to operative search science which is just forming in Russia and it allows to determine the basic directions of further development and improvement of this science.

Key words: object, operative search science, subject, system.

Index of the Articles Published in 2015

№ 1(42) January 2015 № 2(43) April 2015 № 3(44) July 2015 № 4(45) November 2015