FIELD INVESTIGATOR (SLEUTH). ISSUE NO. 3 (48) FOR 2016

HISTORY OF PROFESSIONAL INVESTIGATION AND OPERATIVE SEARCH ACTIVITY

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

What works on operative search activity were cited in 1995—2004 — the first decade of forming integral operative search science (historical dimensions of operative search scientometrics).

Annotation. The situation with citing open works on operative search activity in the first 10 years of the formation of an integral operative search science (1995—2004) in Russia is analyzed from the position of a new legal science — scientology (including operative search). Proposals for accelerating the formation of a paradigm of the operative search science (syskology) are made.

Key words: operative search activity, operative search science, operative search scientometrics, paradigm, syskolog, syskologia, citation, legal scientometrics.

Problems of Theory and Practice of Modern Operative Search Activity

Sergey Sergeevich Baturin, junior police officer of crime detection, the office of the MIA of Russia in Khabarovsk Territory, e-mail: Serg_Baturin87@mail.ru.

Private life of a person in detailing phone calls: reality or a myth?

Annotation. The article considers legal and organizational issues associated with obtaining details of telephone calls, information about the location of the subscriber at the time of the crime, accessories, SIM cards, and cash flows of the cellular company subscriber, indicating the base stations of the subscriber at the time of connection, which, in the author’s opinion, require a more specific theoretical and practical understanding.

Key words: detailing phone calls, inquiries, operative search measures, solving the crime.

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

Individual theory of documenting: its essence and contents.

Annotation. Conceptual foundations of an individual theory of documenting laid by B.V. Boitsov are considered in the article.

Key words: B.V. Boitsov, documenting, operative search activity, an individual theory of operative search activity, ratio of individual and general theory of operative search activity, elements of an individual theory.

Victor Fedorovich Lugovik, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, e-mail: vlug@yandex.ru.

People’s assistance in operative search activity: on confidentiality, publicizing, consent and compromising materials.

Annotation. This article examines the operative search and criminal procedural law and confidentiality of people providing assistance to the bodies, engaged in the operative search activity. The author makes suggestions to improve the legislation.

Key words: confidentiality, protection of the confidants’ rights, operative search activity, people providing assistance to the bodies, engaged in the operative search activities.

Michael Victorovich Meshkov, Ph. D. in Law, Associate Professor, Honored Lawyer of Russia, State Counselor of Justice, Class III,

Alla Alekseevna Orlova, Professor at the Chair of preliminary investigation, Moscow University of the Russian Interior Ministry named after V.Y. Kikot, Doctor of Law,

Vladimir Vladimirovich Gonchar, Senior Lecturer at the Chair of preliminary investigation, Moscow University of the Russian Interior Ministry named after V.Y. Kikot, part-time Associate Professor of Criminal Law at Moscow Institute of Economics, Politics and Law, Ph. D. in Law, e-mail: vg78@list.ru.

The term «operative search activity» as a linguistic structure and legal concept.

Annotation. The article deals with the legal and linguistic issues related to the definition of «operative search activity».

The article analyzes the problem of lack of uniformity in the use of the term “operative search activity” in legal acts and juridical literature, some legal consequences of the problem are studied.

Key words: legal concept, operative search activity, form and content ratio, criminal procedure, the language of the law.

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

Why should the letter «a» but not the letter «o» be now used in the Russian terms «разыскной» and «оперативно-разыскной».

Annotation. The problem of the proper spelling of the Russian terms «разыскной («оперативно-разыскной») in contemporary conditions after the «philological revolution» in the Russian Federation are considered in the article. Proposals de lege ferenda are made.

Key words: operative search science, «оперативно-разыскной», «оперативно-розыскной», «разыскной», syskolog, syskologia, term, terminology.

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

Some problematic issues of legal regulation of mail monitoring.

Аnnotation. The article highlights some controversial issues of legal regulation of mail, telegraph and other communications control as one of the little-studied operative search actions, which is based on the limitation of the constitutional rights of citizens. The author gives his own definition of this action, makes comparative analysis with similar investigative and administrative inspection and, as a result, makes proposals to improve its legal regulation.

Key words: inspection, other communications, mail monitoring, constitutional rights of the individual, drugs, operative search operations, perusal, privacy of correspondence.

Masters of Theory and Practice of Operative Search Activity

Mikhail Alekseevich Samelyuk, Member of O(sy) editorial board, Doctor of History, Professor, e-mail: m.alekseev1979@mail.ru.

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

About Alexander Yurievich Kozlovsky. The 55th Birth Anniversary.

Annotation. A story about life and professional activities of A.Yu. Kozlovsky, Ph. D. in Law, associate professor, is presented in the article.

Key words: A.Yu. Kozlovsky, professional activity of A.Yu. Kozlovsky.

Tribune of Candidates for Degrees in Law

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

An operative search mistake or a violation of the operative search law?

Annotation. The article is focused on the problem of law enforcement mistakes. The author analyzed different views on the essence of a law enforcement mistake. The definition of an operative search mistake is proposed.

Key words: violation, operative search activity, operative search mistake, operative search law, law enforcement mistake.

Maxim Valerievich Kutsenko, Candidate for a Ph. D. Degree in Law (Adjunct), at the Chair of Operative Search Activity, Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, e-mail: KAZ970@yandex.ru.

Operative search actions «Surveillance» and «Operative experiment» as implementation methods of operative search information in the activity of subdivisions of inner security of the MIA of Russia.

Annotation. The issues of operative search information realization by means of conducting operative search activities «Surveillance» and «Operative experiment» by subdivisions of inner security of the Ministry of Internal Affairs of Russia are considered in the article.

Key words: operative search activities, subdivisions of inner security, operative search information, documentation.

Papers of the Extradepartamental Institute for Scientific Research of Security and Investigation (Pullout magazine)

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

The development and affirmation of operative search strategy in Russia in the first quarter of the XXI century: is it still not late?

Annotation. Some issues of operative search strategy development in the Russian Federation are examined in the article. Scientific, organizational and legal measures for its creation are proposed in the article.

Key words: general headquarters of operative search bodies, operative search activity, operative search doctrine, operative search methods (operationalistics), operative search policy, operative search strategy, operative search tactics, operative search art, syskology.

Allied Areas of Scientific Knowledge and Practice

Dikarev Vyacheslav Gennadievich, the Head of the Chair of Combating Illegal Drugs Circulation, International Inter-Agency Drug Fighting Training Centre named after Militia Lt. General A.N. Sergeev, All-Russian Advanced Training Police Academy of MIA (Domodedovo, Moscow Region), e-mail: sla-clava@rambler.ru.

Tendencies in the development of the situation with drugs in Russia and some problems of counteracting illegal trafficking of synthetic drugs.

Annotation. Development tendencies of the situation with drugs in Russia are presented in the article. Some reasons and conditions contributing to the illegal drugs dispensing and drug addiction are analyzed. Certain problems of counteracting the illegal trafficking of synthetic drugs are pointed out.

Key words: «Corn», drug trafficking, anti-drugs laws, the national security strategy, «Yandex. Money», E-port, QIWI-Bank, WebMoney.

Oleg Dmitrievich Zhuk, Doctor of Law, Professor, e-mail: ole375@rambler.ru.

Prosecutor’s supervision over executing laws when conducting operative search activity.

Annotation. Some actual issues of the prosecutors supervision over executing laws when conducting operative search activity are considered in the article.

Key words: executing laws, operative search activity, prosecutor’s supervision.

Sergey Vasilievich Zuev, Professor at the Chair of Law, Troitsk branch of Chelyabinsk State University, Doctor of Law, e-mail: zuevsergej@inbox.ru.

From operative search operations to secret investigative actions: current state and development.

Annotation. The interconnection of operative search activities development and secret investigations is regarded in the article. The author came to the conclusion that operative search activity on this issue appears to be some determining factor as the secret nature is most characteristic for this activity.

Key words: interrelation, secret investigative actions, operative search activity, operative search measures, development, Criminal Procedure Code.

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,

Andrey Valerievich Mamatov, Senior Legal Adviser of the department of MIA of Russia in municipal district Dubna.

On the problem of interstate cooperation in operative search activity.

Annotation. The article presents the results of studying the issues of cross-border cooperation of internal bodies operative divisions, the practice of execution of international requests and implementation of interstate business trips to conduct certain operative search activities.

Key words: international cooperation, international inquiry, operative search activity, operative search activities, cross-border cooperation, transnational crime, controlled delivery.

Review Page

Olga Victorovna Khimicheva, Head of the Chair of Criminal Procedure, Moscow University of the MIA of Russia named after V.Ya. Kikot, Doctor of Law, Professor, e-mail: olga-him@mail.ru.

Review of the monograph by S.V. Bazhanov, doctor of law, professor (Bazhanov, S.V. Methodological foundations of search: monograph / S.V. Bazhanov. M.: Yurlitinform, 2016. — 176 p.)

Annotation. S.V. Bazhanov’s monograph «Methodological foundations of search» is reviewed. The reviewer comes to the conclusion that this book is significant for the theory and practice of criminal procedure.

Key words: methodology, object of search, foundations, lawful regime, searching activity, search, subject of search, criminal procedure.

Index of the Articles Published in 2015

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