Field Investigator (Sleuth). Issue No. 4 (37) for 2013
History of Professional Investigation
N.P. Vod’ko, Professor of the Department of Economic Security of OGUVD, Doctor of Law, Professor (Odessa, Ukraine), Member of the foreign section of O(sy) editorial board, tel. (048) 734-7533.
History of investigation in Odessa: unknown pages.
Annotation. It is about history of the creation of investigative police in Odessa. The author shows a connection between the early beginning of investigation in Odessa and modern times.
Key words: Odessa investigative division, traditions of police and militia, investigation.
Problems of Contemporary Investigative Theory and Practice
O.B. Abakumov, Head of Interdistrict Unit of the Department of Economic Security and Corruption Prevention of the Division of the Ministry of Internal Affairs for the Jewish autonomous area, e-mail: abakumov.o@mail.ru,
A.A. Shmidt, Senior Lecturer of the Department of Operational-Investigative Activity of Internal Affairs Bodies of the Far East Law Institute of the Ministry of Internal Affairs of Russia (Khabarovsk), Cand. Sc. (Law), e-mail: alexshm79@mail.ru.
On the need to extend a pre-trial agreement to operational—investigative activity (outlining the issue).
Annotation. The authors analyze provisions of Part 4 Article 18 of the Federal Law on Operational-Investigative Activity as well as relevant provisions of Criminal and Criminal Procedure Codes of the Russian Federation on the procedure for making a pre-trial agreement. It is suggested to enlarge the scope of a pre-trial agreement and to allow to make it in operational-investigative activity.
Key words: pre-trial agreement, operational-investigative activity, exemption from criminal liability, legal aid.
V.A. Kozlov, Professor of the Department of Criminal Law, Criminal Procedure and Criminalistics of MGIMO University before the Ministry of Foreign Affairs of Russia, Doctor of Law, Professor, tel. 8-916-648-8893.
Current issues of legal regulation of operational—investigative activity aimed at the fight against money laundering and terrorist financing.
Annotation. The author considers certain issues of legal regulation of operational-investigative activity aimed at the fight against money laundering and terrorist financing.
Key words: operational-investigative activity, proceeds of crime (money laundering), terrorism, terrorist financing.
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 uni»” 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.
S.M. Meshalkin, Professor of the Department of VIPK of the Ministry of Internal Affairs of Russia (Domodedovo, Moscow region), Doctor of Law, Associate Professor, e-mail: ser14106442@yandex.ru.
A terrorist identity as an element of an operational-investigative characteristic of terrorist crimes.
Annotation. The features of a terrorist identity are discussed; the motives and aims of terrorist crimes are defined.
Key words: a person who is being studied in operational-investigative activity, terrorist identity, operational-investigative characteristic, terrorist act.
A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
On the admissibility and place of an operational-investigative characteristic of a crime in contemporary operational—investigative activity and its development in professional investigation: syskologist’s point of view.
Annotation. Certain theoretical provisions for a so-called operational-investigative characteristic of a crime are discussed. A new approach to its understanding is provided according to which it should not be applied in all cotemporary operational-investigative activity, but only in its part.
Key words: counter intelligent characteristic of a crime, criminosyskologiya, operational-investigative characteristic of an offense, operational-investigative characteristic of a crime, professional investigation, contemporary operational-investigative activity, syskologist, syskologiya.
New about the Content of Contemporary Operational-Investigative Activity (Its Types and Directions)
A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
On the types and directions of contemporary operational-investigative activity: outlining the issue.
Annotation. The issue why contemporary operational-investigative activity (covering the period after 1992) shall be differentiated from a theoretical point of view from the one of previous period is outlined. The author substantiates why relevant types and directions should be differentiated in contemporary operational-investigative activity and defines them.
Key words: type of contemporary operational-investigative activity, direction of contemporary operational-investigative activity, contemporary operational-investigative activity.
A.N. Khalikov, Professor of the Department of Criminalistics of Law Institute before the Bashkir State University (Ufa), Doctor of Law, e-mail: han010@yandex.ru.
Legislative regulation of operational—investigative activity aimed at the fight against corruption.
Annotation. It is about a new direction of operational-investigative activity — the fight against corruption. The legal grounds for operational-investigative activity in relation to civil and municipal servants and judges are listed and specific features of operational-investigative measures in such cases are shown.
Key words: fight against corruption, civil servants, municipal servants, operational-investigative activity, operational-investigative actions, judges.
R.V. Kuleshov, Deputy Head for Academic Activities of the All-Russian Institute of Training of the Officers of the Ministry of Internal Affairs of Russia (Domodedovo, Moscow region), Cand. Sc. (Law), e-mail: kouleshov_rv@rambler.ru.
On scientific methods of emergence of the theory of operational and military countering extremist and terrorist activities.
Annotation. The author defines scientific methods of emergence of theory of operational and military countering terrorist and extremist activities and pays special attention to application to this theory of dialectic method, general scientific methods and specific scientific methods of perception.
Key words: dialectic method, scientific methods, general scientific methods, operational and military counteraction, operational-investigative activity, specific scientific methods, extremists and terrorist activities.
Masters of Theory and Practice of Professional Investigation
A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
A living legend of operational-investigative activity. The 90th anniversary of the birth of Grigory K. Sinilov.
Annotation. It is about the life and professional activity of Grigory K. Sinilov.
Key words: Grigory K. Sinilov, professional activity of Grigory K. Sinilov.
Tribune of Candidates for Degrees in Law
S.S. Baturin, Adjunct of the Far East Law Institute of the Ministry of Internal Affairs of Russia (Khabarovsk), e-mail: Serg_Baturin87 @mail.ru.
The procedure for operational—investigative actions in case of emergency.
Annotation. The procedure for operational-investigative actions restricting the constitutional rights of citizens in case of emergency is considered. A special attention is drawn to the departmental control in case of emergency. Suggestions as to how to improve the procedure of judicial approval of such actions are made.
Key words: departmental control, operational-investigative actions, legal grounds for operational-investigative actions, emergency.
I.N. Shkrebtienko, Junior Researcher of VNII IBiS (Moscow), e-mail: sh.i.n@mail.ru.
Certain issues of legal protection of the persons intentionally brought into criminal organizations.
Annotation. The author considers certain legal provisions on legal and social defense of the persons intentionally brought into organized criminal groups and make suggestions as to how to improve legislation in this field.
Key words: state secret, safety measures, operational-investigative activity, witness, social defense, criminal procedure.
Papers of the Extradepartmental Institute for Scientific Research of Security and Investigation (Pullout magazine)
A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
What might (should?) be the contents of a new passport of a scientific specialization in operational—investigative activity (12.00.12)?
Annotation. The author discusses the need for making a passport of a scientific specialization 12.00.12 («operational-investigative activity»). A draft passport of an operational investigative component of a scientific specialization 12.00.12 is proposed.
Key words: operational-investigative science, passport of a scientific specialization 12.00.12, contemporary operational-investigative activity, syskologist.
Allied Areas of Scientific Knowledge and Practice
A.E. Sharikhin, Professor of the Department of Court Proceedings and Law-Enforcement Activities of the Academy of the General Prosecutor’s Office, Doctor of Law, Professor (Moscow), e-mail: profalex54@yandex.ru.
Public prosecutors are from now on responsible for the accuracy and completeness of statistical data about the crimes and criminals.
Annotation. The article considers the problem of Integrated State Statistic Records of statements and reports about crimes, crime condition, crime detection, conditions and results of both Investigatory and Public Prosecutions work. It also says about possible scenario in which the Office of Public Prosecutor can solve this problem.
Key words: criminal case, State Statistics Records, interest, registration, crime concealment.
P.I. Ivanov, Professor of the Academy of Administration of the Ministry of Internal Affairs, Doctor of Law, Professor, Honoured Lawyer of Russia, tel. 8-495-745-9596,
Yu.M. Pugachev, Adjunct of the Academy of Administration of the Ministry of Internal Affairs (Moscow), e-mail: ym.pugachev@mail.ru.
On certain issues of the relations between an investigator and an attorney in criminal procedure.
Annotation. Certain issues of the relations between an investigator and an attorney in criminal procedure are considered and suggestions as to how to deal with them are made.
Key words: attorney, investigator, relations in criminal procedure.
R.Sh. Shegabudinov, Deputy Head of UVD of the South-East Administrative District of GU MVD of Russia in the city of Moscow, Cand. Sc. (Law), Colonel of Police, tel. 8-495-745-9596.
On the social effect of organized economic crime involving corruption.
Annotation. The social effect of organized economic crime is considered. A special attention is drawn to its connection with corruption.
Key words: corruption, organized economic crime, social effect of crime.
I.L. Trunov, National President of the World Association of Lawyers, Deputy Chairman of the International Union of Lawyers, Honored Member of O(sy) editorial board, Doctor of Law, Professor, Cand. Sc. (Economics), Academic of the Russian Academy of Natural Sciences (Moscow), e-mail: info@trunov.com.
Private mercenary armies — a large bloody business.
Annotation. A brief analysis of the involvement of certain private military companies into the bloody conflicts in Libya, Iraq and Syria is made in the article. The issues of legal regulation of the activities of private military companies are dealt with both from Russian law and international law perspective.
Key words: the Montreux document, the law on private military companies, an instrument of international policy, crimes mercenaries, the soldier of fortune, the Somali pirates, private military companies.
A.Yu. Shumilov, Doctor of Law, Professor, e-mail: oper-ord@mail.ru.
It is proposed to study customs law as a part of international law.
Annotation. The author considers the issues of studying customs law in the Russian Federation as an element of national legal system. The issue of whether it is feasible to study contemporary customs law as an integral part of international law is outlined. It is proposed to include a «customs law of the Customs Union» component into the scientific specialization code 12.00.10.
Key words: international law, science of customs law, customs law, «customs law of the Customs Union», Customs Code of the Customs Union.