scholarly journals Some Aspects of Prevention and Investigation of Damage to the Railway Telecommunications Facilities

2018 ◽  
Vol 12 (3) ◽  
pp. 358-365
Author(s):  
Igor Ozerov ◽  
Olga Katayeva ◽  
Denis Rudov ◽  
Elena Cherkasova ◽  
Anastasia Volchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Expert Knowledge ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Customs Union ◽  
Telecommunications Infrastructure ◽  
The Russian Federation ◽  
The Law

The authors study the issues of preventing the damage to the railway telecommunications infrastructure by analyzing the current criminal procedure legislation, criminal legislation and criminalistics views on the methods and means of counteracting crimes under Art. 215.2 of the Criminal Code of the Russian Federation. They present the algorithm of actions of the law enforcement employees and the specialists servicing the railway facilities when such offences take place. The authors analyze the procedural investigative activities regarding the employees of the organizations that service the railway infrastructure. The investigation of crimes under Art. 215.2 of the Criminal Code of the Russian Federation requires expert knowledge in the sphere of servicing railway transport. The authors specifically examine some evidence acquired during the preliminary investigation and the methodology of some investigative actions (interrogation of witnesses, representatives of the aggrieved party, inspection of the crime scene). They analyze the procedure of evaluating the damage inflicted on sophisticated telecommunication facilities. They also single out a number of special characteristics of the investigative methodology for crimes under Art. 215.2 of the Criminal Code of the Russian Federation when specialists in servicing complex telecommunications facilities are called to give testimony. It is noted that countries bordering on the Russian Federation and members of the Customs Union are gradually harmonizing their criminal and criminal procedure legislation with the legislation of the Russian Federation. The paper states that today the Russian Federation has sufficient legislative base to form a system of preventing crimes against railway telecommunications infrastructure. In conclusion the authors present a number of measures to counteract crimes under Art. 215.2 of the Criminal Code of the Russian Federation, offer their brief description and the recommendations for using them. They stress the necessity of cooperation between the owners of the railway facilities, the law enforcement bodies and the mass media.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

scholarly journals THE OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE AND PRELIMINARY INVESTIGATION: PROBLEMS OF THE OBJECT AND THE OBJECTIVE SIDE

2018 ◽  
Vol 2 (2) ◽  
pp. 97-105
Author(s):  
Alexandra Vladimirovna Boyarskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
The Russian Federation

The subject. The article is devoted to the investigation of the main direct object and the circle of victims are subjected of harm by criminal acts stipulated by pts. 1, 2 of art. 294 of the Criminal Code of the Russian Federation.The purpose of the paper is to identify does the art. 294 of Criminal Code of the Russian Federation meets the other provisions of criminal procedure legislation.The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.Results and scope of application. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The discrep-ancy lies in terms of the range of participants in criminal proceedings and the functions performed by them, as well as the actual content and correlation of such stages of criminal proceedings as the initiation of criminal proceedings and preliminary investigation. In addi-tion, the current state of art. 294 of the Criminal Code of the Russian Federation does not take into account the ever-widening differentiation of criminal proceedings.The circle of victims listed in pt. 2 of art. 294 of the Criminal Code of the Russian Federation should be supplemented by such participants in the criminal process as a criminal investi-gator, the head of the investigative body, the head of the inquiry department, the head of the body of inquiry. At the same time, the author supports the position that the criminal-legal protection of the said persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.The circle of criminal acts provided for in art. 294 of the Criminal Code of the Russian Fed-eration, should also be specified with an indication of encroachment in the form of kidnapping, destruction or damage to such a crime as materials of criminal, civil and other cases, as well as material evidence.Conclusions. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The author formulates the conclusion that the circle of victims listed in pt. 2 of art. 294 of the Criminal Code should be broadened and joins the position that the criminal-legal protection of these persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.

scholarly journals Investigator’s covert-nature procedural activities

2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Cases ◽  
Criminal Intelligence ◽  
The Russian Federation

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.

ADDITIONAL GUARANTEES OF DEFENSE OF RIGHTS AND LEGITIMATE INTERESTS OF JUVENILE SUSPECTS, ACCUSED ON THE STAGE OF THE PRELIMINARY INVESTIGATION

2020 ◽  
pp. 176-184
Author(s):  
I. I. Kartashov ◽  
M. A. Kamyshnikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Juvenile Suspects

The article analyzes the provisions of the criminal procedure law to implement supplementary guaran-tees to defend the rights and legitimate interests of juvenile suspects, accused on the stage of preliminary inves-tigation. Based on the analysis of law enforcement practice, the authors propose changes to certain provisions of the Criminal Procedure Code of the Russian Federation

scholarly journals The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

2019 ◽  
Vol 13 (2) ◽  
pp. 291-299
Author(s):  
Yekaterina Yakimova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Negative Results ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Law ◽  
Entrepreneurial Activities

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

scholarly journals Responsibility for Bribery or Coercion to Testify or Avoidance of Giving Testimony or Misinterpreting (Art. 309 of the Criminal Code of the Russian Federation): Legislative Structure and Implementation Practices

2019 ◽  
pp. 102-108
Author(s):  
S. M. Kochoi
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Text Analysis ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Russian Federation ◽  
The Law ◽  
Implementation Practices ◽  
Legislative Structure ◽  
Different Parts

The text analysis of Art. 309 of the Criminal Code of the Russian Federation revealed a number of shortcomings in the legislative structure of the component elements of a crime provided for therein. It is concluded that a different degree of danger of bribery and coercion of the participants in the legal proceedings underlying the design of their basic structures (parts 1 and 2 of Art. 309 of the Criminal Code of the Russian Federation) must be sustained in their qualified compositions (part 4 of Art. 309 of the Criminal Code RF). That is, bribery committed by an organized group and coercion committed by an organized group should be provided not in one but in different parts of Art. 309 of the Criminal Code, containing various sanctions. In Art. 309 of the Criminal Code, the use of violence that is not dangerous to life or health is a qualifying element of coercion of participants in legal proceedings (part 3). Consequently, the use of violence dangerous to life or health can only be an element of coercion of these persons. Further differentiation of responsibility is required under Part 2 of Art. 309 of the Criminal Code, since coercion to action is objectively more dangerous than coercion to inaction. Other gaps in the legislative structure of Art. 309 of the Criminal Code of the Russian Federation were identified in the course of a study of the judicial investigative practice of its application. It is concluded that formally forcing the victim to avoid reporting the crime (or bribing him for this purpose) is not tantamount to forcing him to avoid giving testimony, since reporting a crime with the law enforcement authorities cannot be considered a testimony. In this sense, it should be recognized that the disposition of the norm contained in Part 2 of Art. 309 of the Criminal Code, contains a gap that must be addressed by pointing to coercion to avoid reporting a crime.

scholarly journals PECULIARITIES OF THE LAW ENFORCEMENT PRACTICE IN THE QUALIFICATION AND INVESTIGATION OF CRIMES STIPULATED BY ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 12 ◽  
pp. 31-34
Author(s):  
Maksim E. Guschev ◽  
◽  
Ekaterina A. Zagryadskaya ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Law

The paper examines the problematic points that investigators face in the qualification and investigation of acts related to non-payment of wages and other established payments, analyzes the errors of law enforcement practice, and suggests ways to solve these problems.

scholarly journals On the Need and Possible Options for Changing the Rules for Determining Forms of Guilt

Lex Russica ◽  
2021 ◽  
pp. 87-102
Author(s):  
D. A. Kokotova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Effective Means ◽  
Criminal Code ◽  
Current Version ◽  
Enforcement Officer ◽  
The Russian Federation ◽  
Law Enforcement Officer ◽  
The Law

The current version of part 2 of article 24 of the Criminal Code of the Russian Federation, which appeared because of changes made to the Criminal Code of the Russian Federation in 1998, is rightly criticized for uncertainty. In the literature, various proposals are made to change the rules for determining the forms of guilt. The existing regulation needs adjusting, since it does not ensure the achievement of the initial goal of improving law enforcement, which was originally intended in part 2 of article 24, and does not comply with the principles of equality and legal certainty. The need to ensure compliance with these principles and achieve the original goal of the rule under consideration requires rejecting proposals to "legalize" the discretion of the law enforcement officer, the possibility of which arose due to the uncertainty of the current version of part 2 of article 24. Due to this uncertainty, compliance with the provisions of the Special part will not solve the existing problems. Unifying negligent crimes into a separate chapter, dividing the crimes in the existing chapters by paragraphs, depending on the form of guilt, is too difficult a way if we are talking about improving the current Criminal Code of the Russian Federation. Clear automatic consolidation of the possibility of both forms of guilt does not provide the required differentiation of punishment.Restoring the original version of part 2 of article 24 of the Criminal Code of the Russian Federation is an acceptable and easiest way, but there is a reason to believe that the rule changed in this way will fail to ensure that the law enforcement officer follows it. The inclusion of a form of guilt clause in the description of each body of a crime might be an effective means of limiting the discretion of the law enforcement officer, but this method is difficult to implement. It combines the features of these two methods of fixing the rule in the form of a list of crimes involving a particular form of guilt, by analogy with how the age at which criminal responsibility begins is now established.

THE PROBLEM OF CORRELATION OF ARTICLES 275 AND 276 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
Author(s):  
Anna Sergeevna Alexandrova ◽  
◽  
Roman Vladimirovich Vasilyev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

the article is devoted to the problem of the correlation of crimes provided for in Articles 275 and 276 of the Criminal Code of the Russian Federation ("High treason" and "Espionage"). Some inaccuracies were identified when distinguishing the components of these criminal acts. The law enforcement practice was also studied. Proposals were made to introduce some changes to the current criminal legislation of the Russian Federation.

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