Field Investigator (Sleuth). Issue No. 3 (36) for 2013
Problems of Contemporary Investigative Theory and Practice
A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
Operational-investigative science in post-Soviet Russia (1992—2012): periodization, the state at different stages and expected directions of development.
Annotation. The author splits into relevant periods occurrence, formation and development of modern operational-investigative science, give its definition and describes the main stages of its «life». Besides, he shows the directions of its further possible development.
Key words: operational-investigative science, operational-investigative activity, periodization of operational-investigative science, current state and perspectives of modern operational-investigative science, syskologiya.
L.V. Brusnitsyn, Professor at the Department of Criminal Law and Criminal Procedure of the Faculty of Law at Moscow State Industrial University, Doctor of Law, e-mail: leo1222@yandex.ru.
How to protect a confidant in case of failure of an operational-investigative action?
Annotation. Current issues of confidants’ protection in case of failure of an operational-investigative action are considered. The ways to improve the regulatory and legal protection of confidants are proposed.
Key words: protection, confidant, operational-investigative actions.
K.M. Lobzov, Professor at the Department of Information Security at IGUPIT (Moscow), Member of O(sy) editorial board, Doctor of Military Sciences, Associate Professor, e-mail:lobzovk@mail.ru,
V.V. Gordienko, Researcher at VNII IBiS (Moscow), e-mail: oper-ord@mail.ru.
The concept of «the undercover unit» in theory and practice of operational-investigative activity revisited (experience of theoretical and methodological analysis).
Annotation. The concept of «the undercover unit» in theory and practice of operational-investigative activity is considered as a kind of social institution. The author introduces the terms “operational apparatus”, “apparatus of confidents” and “apparatus of non-staff agents”, etc. A new reading of the term “confidant” is provided.
Key words: agent, undercover unit, apparatus of confidents, operational-investigative activity, operational-investigative science, operational apparatus, keeper.
G.A. Kornilov, Senior Researcher at Russian Customs Academy (Lyubertsy, Moscow region), Doctor of Law, tel. 8-495-722-9064,
S.A. Suhorukov, Junior Researcher at VNII IBiS (Moscow), e-mail: oper-ord@mail.ru.
On monitoring and supervision of operational-investigative activity.
Annotation. Certain current issues of monitoring and supervision of operational-investigative activity are discussed. It is shown that the provisions of operational-investigative law are of a procedural nature, have much in common with the provisions of the RF Criminal Procedure Code and do not require further procedural regulation.
Key words: legitimacy, monitoring, supervision, immediate investigative actions, operational-investigative activity, operational-investigative information, operational-investigative action, operational-investigative authority.
I.L. Khromov, Professor at the Department of Operational-Investigative Activity at Moscow University of the Ministry of Internal Affairs of Russia, Doctor of Law, tel. 8-985-923-4497,
K.K. Goryainov, Senior Researcher at NII FSIN of Russia, Doctor of Law, Professor, Honoured Worker of Science of the Russian Federation (Moscow).
Operational-investigative prevention of illegal foreign immigration.
Annotation. The need for operational-investigative prevention among foreign guest workers living in a crime-prone environment is considered. Main features and directions of operational-investigative prevention among illegal labour immigrant are described.
Key words: foreign immigrants, illegal labour immigration, operational-investigative prevention, organized criminal groups.
Keep discussing the issuesoutlined at the First international scientific Internet-conferenceon syskologiya
N.B. Saakyan, Professor at the Department of Operational-Investigative Activity at Odessa State University of Internal Affairs, Doctor of Law, Associate Professor (Odessa, Republic of Ukraine), e-mail: ordmelnikova1@rambler.ru.
Coming back to investigation (sysk)?
Annotation. The author makes a critical analysis of the formation of a new science of professional investigative activity – syskologiya – in the Russian Federation. It is proposed to use in a more expedient way existent scientific data on the problematic issues of syskologiya and to set its place in theory of operational-investigative activity.
Key words: science, operational-investigative activity, investigation (sysk), syskologiya, theory.
A.Yu. Shumilov, Chief editor and Chairman of O(sy) magazine editorial board, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
Move forward to integration of scientific knowledge about separate features of objectively joint search and investigative activity!
Annotation. The author critically analyzes the view of Associate Professor N.B. Saakyan to the current state and perspectives of the formation of a new science of professional investigation – syskologiya – in the Russian Federation and adduces new reasons for the development of syskologiya as an integration science.
Key words: integration of scientific knowledge, operational-investigative activity, operational-investigative science, professional investigation, syskologiya.
M.A. Samelyuk, Doctor of History, Professor, Member of O(sy) editorial board, e-mail: m.alekseev1979@mail.ru.
«Syskati» («cыскати») and «razvedati» («разведати»): the evolution of rapprochement (a retrospective journey into historical roots of syskologiya).
Annotation. Certain problems of the formation of a new science were discussed at the first international scientific Internet-conference on syskologiya. In particular, the genesis and rapprochement of the terms «syskati» («сыскати») and «razvedati» («разведати») are considered. Historical roots of syskologiya are defined and researched.
Key words: search, intelligence, types of professional investigation, investigation, syskologiya.
(Ending. See No 1 (34) for the year 2013.)
Tribune of Candidates for Degrees in Law
V.A. Frolov, Candidate for a Cand. Sc. (Law) Degree at Russian Customs Academy (Lyubertsy, Moscow region), e-mail: Glotozop2@yandex.ru.
Administrative offenсe: concept and general characteristics.
Annotation. The author attempts to consider the concept and features of an offence and to characterize it in general. Conclusion about the nature of an administrative offence is made.
Key words: elements of an administrative offenсe, penalty, act, prohibition, punishment, features of an offence, offenсe.
G.R. Jafarov, Candidate for a Cand. Sc. (Law) Degree at the Department of Criminal Law and Criminology at the Baku State University (Baku, Republic of Azerbaijan), e-mail:tuncer55@rambler.ru.
On causation under criminal law of foreign countries.
Annotation. Causation under criminal law of foreign countries is researched (the Great Britain, Italy, the USA, France and Japan).
Key words: causation, criminal law of foreign countries.
Allied Areas of Scientific Knowledge and Practice
A.Yu. Vvedensky, the Dean of the Faculty of Law at Volga branch of Russian Academy of Justice, Cand. Sc. (Law), Associate Professor (Nizhny Novgorod), e-mail: pfrapdekan@gmail.com.
Use of the results of operational-investigative activity in criminal proceedings revisited.
Annotation. Certain problematic issues of use of the results of operational-investigative activity in criminal proceedings are discussed. In particular, current criminal procedural and operational-investigative legislation are analyzed. Conclusion about the necessity to amend Article 89 of the RF Criminal Procedure Code is made.
Key words: evidence, use of the results, operational-investigative activity, detection of crimes in the sphere of economics.
B.B. Glazunov, Associate Professor at the Department of Criminal Law, Criminal Procedure and Criminalistics at Novosibirsk Law Institute of Tomsk State University, Cand. Sc. (Law), Associate Professor (Novosibirsk), e-mail: bor219@yandex.ru,
V.P. Yakovinov, a judge of Novosibirsk regional court, Candidate for a Cand. Sc. (Law) Degree at the Department of Criminal Procedure and Criminalistics at Omsk Law Academy, e-mail: p.v.yakov@yandex.ru.
Collision of procedural law provisions in cases when arbitrazh courts consider complaints by the participants of business and economic activities to the legality of operational-investigative activity.
Annotation. The authors share their view to the authorities of arbitrazh courts while considering complaints to the legality of operational-investigative activity and to further improvement of the institute of judicial review.
Key words: complaint, arbitrazh court, collision of provisions, operational-investigative activity, judicial review.
P.I. Ivanov, Professor at Administration Academy of the MIA of Russia, Doctor of Law, Professor, Honored Lawyer of the RF, tel. 8-909-974-2186.
Legal relation arising from the use of the results of operational-investigative activity in the process of proving.
Annotation. The author shares his view to the peculiarities of legal relations arising from the use of the results of operational-investigative activity in the process of proving.
Key words: proving, use of the results of operational-investigative activity, investigator, criminal procedure relations.
S.A Pichugin, Lecturer at the Department of Forensic Expert Activities at Moscow University of the Ministry of Internal Affairs of Russia, Cand. Sc. (Law), e-mail: u ujhjh boras81@yandex.ru.
The problems of identifying persons who secretly changed the items of clothing at the time of or after the commission of the crime.
Annotation. The author discusses the possible ways to change the accompanying traits of appearance (the items of clothing) by the criminal at the moment of and after the commission of the crime. Forensic solutions as to how to detect such persons for subsequent identification of their identity are given.
Key words: identification, secrecy, gabitoskopiya, identity of the criminal, item of clothing, crime.
Professional Investigation Abroad. International Cooperation
R.I. Abbasov, Dissertator at the Department of Criminalistics and Forensic Examination of the Baku State University (Baku, Republic of Azerbajan), e-mail: tuncer55@rambler.ru.
Account of psychological characteristics of the terrorist identity in the process of operational-investigative activity and preliminary investigation.
Annotation. Psychological characteristics of the terrorist identity which should be accounted in operational-investigative activity and preliminary investigation are considered.
Key words: the terrorist identity, operational-investigative activity, preliminary investigation, psychological characteristics.
Review Page
A.V. Nesterov, Professor at the Faculty of Law at the National Research University Higher School of Economics, Member of O(sy) editorial board, Doctor of Law, Professor (Moscow), e-mail:nesterav@yandex.ru.
Review of the monograph by A.Yu. Shumilov «Introduction into legal scientometrics: monograph / A.Yu. Shumilov. Moscow: Publishing house of I.I. Shumilova, 2012. — 394 p. (Domestic and foreign legal thought)».
