scholarly journals The revision of separate requirements for the position of investigator

2021 ◽  
Vol 25 (2) ◽  
pp. 521-540
Author(s):  
Nikita V. Babich
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Practical Experience ◽  
Career Ladder ◽  
Highly Qualified ◽  
Current State ◽  
General Decrease ◽  
Mandatory Requirement ◽  
Procedural Decisions ◽  
And Task

Issues and problems in the field of organization and activities of the preliminary investigation bodies in terms of implementation of the legal status of the investigator, as well as ways for their resolution are constantly in the focus of lawyers. The current state concept for training investigative personnel along with the system of qualification requirements for the position of an investigator of the Investigative Committee of Russia (hereinafter - the IC of Russia) have serious shortcomings. The fact is that there are no interrelated educational stages for a candidate for this job; there is neither any mandatory requirement for practical experience and career ladder in this field. As a result, a large number of investigators serving in the Investigative Committee of Russia simply do not have reasonable qualification and, accordingly, are not prepared for investigative work, which ultimately leads to a general decrease in the quality and effectiveness of preliminary investigation. This is absolutely unacceptable for a developed democratic and law-governed state. Lacking relevant practical experience and task-oeirented training, novice investigators are trusted to make important procedural decisions that significantly affect the life of a particular person. In this regard, a properly developed state concept, as well as a system of qualification requirements for the position of an investigator, including interrelated stages of its achievement, will contribute to the formation of highly qualified and trained investigative personnel that will favourably effect the entire preliminary investigation service.

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.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

scholarly journals The age psychology of minors as a factor determining the features of the preliminary investigation of criminal cases involving them

2022 ◽  
pp. 116-128
Author(s):  
Nikolay Gorach ◽  
Juliana Galkina
Keyword(s):  
Juvenile Offenders ◽  
Necessary Conditions ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Educational Work ◽  
Legal Literature ◽  
Age Related ◽  
Number Of Factors ◽  
Human Psyche ◽  
Procedural Decisions

The age psychology of minors is considered as a factor determining the features of the preliminary investigation of criminal cases involving them. The article deals with issues related to the age psychology of minors, the object of which are the laws, patterns and trends of change in the human psyche, his behavior, life and personality throughout his life. At the same time, it is noted in the legal literature that most crimes committed by minors are due to age-related motivational specifics, committed on the basis of mischief, a misinterpreted sense of camaraderie and romance, the desire for self-affirmation, imitation of both adults and peers who enjoy authority. The behavioral basis of juvenile offenders is formed under the influence of a number of factors, knowledge of which can be important when making tactical and procedural decisions by an investigator during pre-trial proceedings in a criminal case. The behavior of adolescents is largely related to their age characteristics, which largely determine their behavior, which can be observed, including during the preliminary investigation of criminal cases involving them. Thus, knowledge of the peculiarities of age psychology can make it possible to determine the most effective measures of educational work aimed at correcting behavior, correcting and re-educating juvenile offenders. It is these goals that the legislator takes into account, establishing the specifics of the proceedings both in cases of crimes committed by minors and the regulation of investigative actions involving minor victims and witnesses. The peculiarities of the age psychology of minors must also be taken into account when choosing the tactics of investigative actions carried out with their participation, since this is one of the necessary conditions for achieving the goal of the investigative action and the preliminary investigation as a whole.

scholarly journals SEPARATION OF POWERS BETWEEN PROSECUTOR AND THE HEAD OF THE INVESTIGATIVE BODY

2020 ◽  
Vol 24 (3) ◽  
pp. 760-779
Author(s):  
Nikita V. Babich
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Separation Of Powers ◽  
Preliminary Investigation ◽  
Current Concept ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Individual Concepts ◽  
Systemic Problems

Problems related to the delimitation of powers between the prosecutor and the head of the investigating body, as well as ways to resolve them, are in the constant focus of attention of representatives of legal science. The concept and model of differentiation of powers between such participants in criminal proceedings that was introduced in 2007, has led to serious problems, which are expressed in: - decrease in the quality of prosecutorial supervision of the preliminary investigation body in order to protect human and civil rights and freedoms at the stage of preliminary investigation; - lack of procedural independence of the investigator, priority of interdepartmental control over prosecutorial supervision; - duplication of prosecutors supervision; - large accusatory bias of the court, prosecution and investigation body and others. The negative side of such problems is that the rights and freedoms of man and citizen are violated in the first place at all stages of criminal proceedings. In this regard, the properly organized delineation of powers and functions between the prosecutor and the head of the investigating body will be standard for ensuring the rule of law; it will contribute to the fight against crime and speedy preliminary investigation in order to create the court basis to reduce the cases of incorrect court decision. The purpose of the scientific article is to analyze the provisions of the current concept and models of separation of powers between the prosecutor and the head of the investigating body, identify the main systemic problems in this area and formulate proposals for their elimination. To achieve this goal, the scientific article explores the features and problems of individual concepts and models for their implementation in organizing activities of prosecution body and preliminary investigation bodies to delimit the powers between the prosecutor and the head of the investigating body. In a scientific article, the author came to the conclusion that reforming the current concept and model of separation of powers between the prosecutor and the head of the investigating body in order to eliminate significant problems is not possible without a reform. A return to previous concepts and models is also unacceptable due to historical experience of their application. The necessity of reforming the foundations of the entire law enforcement system of criminal justice body as a whole and reviewing the legal status of the prosecutor at all stages of criminal proceedings is noted.

Adaptation of the assessment system of the Olympiad to secondary vocational education

2021 ◽  
Vol 2 (4) ◽  
pp. 465-467
Author(s):  
I. N. Nosyreva
Keyword(s):  
Vocational Education ◽  
Practical Experience ◽  
Educational Process ◽  
Assessment System ◽  
Federal State ◽  
Highly Qualified ◽  
Structural Units ◽  
Secondary Vocational Education ◽  
Railway Industry ◽  
State Educational

The main tasks of the Olympiad of diploma projects of the Federal Agency for Railway Transport are to improve the quality of training, develop the creative abilities of students, increase the interest of students and teachers in the development and improvement of the railway industry, and form highly qualified human resources. The practice of participation of branches (structural units) of secondary vocational education of the Irkutsk State Transport University shows that not all indicators can be achieved.The educational process in secondary vocational education is focused on preparing for practical activities in production. In accordance with federal state educational standards for secondary vocational education programs, a student must master general and professional competencies, acquire certain knowledge, skills and practical experience. It is proposed to make a number of changes in the system of evaluating the Olympiad of diploma projects in terms of criteria. The assessment system of the Olympiad must be adapted taking into account the possibilities of secondary vocational education to stimulate the participation of structural units in their conduct.

Monitoring of Staffing Nanoindustry

2019 ◽  
pp. 488-500
Author(s):  
Maxim M. Grekhov ◽  
Victor A. Byrkin ◽  
Oleg S. Vasiliev ◽  
Polina A. Likhomanova ◽  
Alexey M. Grekhov
Keyword(s):  
Russian Federation ◽  
Subject Area ◽  
Highly Qualified ◽  
Current State ◽  
Educational Processes ◽  
The Subject ◽  
The Russian Federation ◽  
Scopus Database ◽  
Nanotechnology Industry

Leading organizations of the national nanotechnology network (NNN) monitor staffing and develop mechanisms for coordination of educational processes of enterprises of the nanotechnology industry. To estimate the current state of training for nanotechnology industry in the leading universities of the Russian Federation, a study of their publications indexed in the Scopus database in 2012, 2014, and 2015 years in the subject area of “nano” was made. As a result of analysis, the universities, which form the background for the production of highly qualified specialists in the field of nanotechnology, were determined.

Sachstand zur Manipulierbarkeit des menschlichen Embryos hinsichtlich seiner Spezieszugehörigkeit und Entwicklungsfähigkeit

2020 ◽  
Vol 28 (1) ◽  
pp. 5-12
Author(s):  
Martin Hähnel ◽  
Roland Kipke
Keyword(s):  
Human Embryo ◽  
Legal Status ◽  
Human Embryos ◽  
Current State ◽  
Embryo Protection Act ◽  
Species Membership ◽  
State Of Research

This report presents the current state of research in the debate on embryo protection. On the basis of scientific findings on species membership and the capacity of human embryos to develop properly, the report examines the extent to which these empirical facts influence the debate on the legal status of the human embryo. At the end of the article, the authors present the options for the further discussion with regard to the German Embryo Protection Act.

Opportunities and Challenges in Mesoforming

2003 ◽  
Author(s):  
Jian Cao ◽  
Zhong Wang ◽  
Neil Krishnan ◽  
Anthony Michael Swanson
Keyword(s):  
Energy Consumption ◽  
Environmental Monitoring ◽  
Product Design ◽  
Automotive Industry ◽  
State Of The Art ◽  
Preliminary Investigation ◽  
Industrial Processing ◽  
Current State ◽  
Processing Energy

In the last ten years, miniaturization technologies have revolutionized product design and have lead to many innovative applications in the automotive industry, healthcare, environmental monitoring, industrial processing, energy consumption, defense, etc. Here, the current state-of-the-art in mesoforming (forming of metals in the scale of 0.1 mm to several millimeters) is reviewed, followed by our preliminary investigation of one mesoforming example.

scholarly journals The EU Policy to Attract Highly Skilled Workers: The Status of Implementation of the Blue Card Directive

2016 ◽  
Vol 6 (4) ◽  
pp. 45
Author(s):  
Marco Mazzeschi
Keyword(s):  
Economic Growth ◽  
The European Union ◽  
Highly Qualified ◽  
Skilled Workers ◽  
Current State ◽  
Highly Skilled ◽  
The Status ◽  
Skills Shortages ◽  
Eu Commission ◽  
The Eu

<p>A worldwide shortage of about 38-40 million highly skilled workers is forecast by 2020. Many countries are implementing policies to attract workers with special skills and knowledge. What is the European Union doing to face this challenge? In 2009 the EU adopted the so called Blue Card Directive (n. 2009/50) to attract highly qualified workers from abroad, address labour and skills shortages and strengthen the EU’s competitiveness and economic growth. The Directive was implemented by most EU countries during 2012 but has proven to be insufficiently attractive and underused, with only a limited number of Blue Cards issued. For these reasons, the EU Commission has announced some proposed changes to the Blue Card Directive. The specific objectives are, amongst other things, to increase the numbers of third-country highly skilled workers immigrating to the EU and simplify and harmonise admission procedures for third-country highly skilled workers.</p><p>The article also outlines a summary of the current state of implementation of the Directive in the following countries: Italy, France, Spain, Germany, Poland, Hungary, Austria, Belgium and The Netherlands.</p>

scholarly journals Ending Commercial Lion Farming in South Africa: A Gap Analysis Approach

Animals ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 1717
Author(s):  
Jennah Green ◽  
Catherine Jakins ◽  
Louise de Waal ◽  
Neil D’Cruze
Keyword(s):  
South Africa ◽  
Legal Status ◽  
Gap Analysis ◽  
Health And Safety ◽  
Management Tool ◽  
Background Information ◽  
Current State ◽  
The Government ◽  
High Level ◽  
Farming Industry

African lions (Panthera leo) are commercially farmed across South Africa for sport hunting, tourism, and the international bone trade, primarily in Southeast Asia. Despite its legal status, South Africa’s growing lion farming industry is a contentious issue. In 2020 a high-level panel was initiated to review the policies, legislation, and management regarding the breeding, hunting, trade, and handling of four wildlife species, including lions. In May 2021, it was announced that the government intends to amend existing permit conditions to prohibit lion breeding and tourism interactions with captive lions, as well as to stop issuing permits to new entrants into the industry, effectively ending lion farming. In order to follow this line of action, a comprehensive, well-managed plan will be necessary to execute a responsible exit from the industry as it currently stands. Using a “gap analysis” management tool, we aim to: (1) outline some of the key considerations regarding the current state of the lion farming industry in South Africa; and (2) propose specific action steps that could be taken within five key areas (regulation, animal welfare, health and safety, equitability, and conservation) to help inform a responsible transition away from this type of wildlife farming in the biodiversity economy. For our gap analysis, we conducted a semi-systematic literature search to compile key background information about the current state of the industry. This information was then used to identify corresponding desired management states, and steps that could facilitate a successful phase out of lion farming in South Africa. We hope our approach helps identify key considerations for a responsible transition and can help aid decisions during the management of this process.

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