scholarly journals Forensic Examinations in Fraud Cases in the Field of Auto Insurance

2021 ◽  
Vol 17 (3) ◽  
pp. 76-83
Author(s):  
R. N. Borovskikh
Keyword(s):  
Law Enforcement ◽  
Insurance Industry ◽  
Automobile Insurance ◽  
Road Accidents ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Auto Insurance ◽  
Judicial Practice ◽  
Wide Range ◽  
Special Knowledge

The proposed article considers the possibilities of various types of expert research on criminal cases of fraud in the field of automobile insurance (CTP, CASCO). On the example of illustrative cases from the published judicial practice in criminal cases, the features of the appointment of certain types of forensic examinations, their research potential are demonstrated. Clearly shows the wide the possibility of applying special knowledge to improve the effectiveness of detecting and investigating insurance fraud committed by staging and falsifying the circumstances of road accidents. The prospects for the use of atypical forensic examinations in criminal cases of relevant crimes are shown. The article is recommended not only to employees of investigative departments of law enforcement agencies, judges and experts, but also to a wide range of readers interested in countering fraud and other crimes committed in the insurance industry.

scholarly journals Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects

2020 ◽  
Vol 79 (4) ◽  
pp. 73-78
Author(s):  
Т. П. Матюшкова
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Institutions ◽  
Judicial Practice ◽  
Scientific Principles ◽  
Special Knowledge ◽  
Further Development

One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine. Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice. The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.

scholarly journals Proving Corruption in the Investigative and Judicial Practice of Ukraine: Problems and Solutions

2021 ◽  
Vol 80 (1) ◽  
pp. 101-108
Author(s):  
Р. Л. Степанюк ◽  
В. В. Кікінчук ◽  
М. Г. Щербаковський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Literature ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
European Court ◽  
Problems And Solutions ◽  
Factual Data

The work is based on the analysis of the scientific literature, criminal and criminal procedural legislation of Ukraine, which regulates public relations associated with the identification, detection, investigation and judicial review of cases of illegal benefit by officials, on the precedents of the European Court of Human Rights on this issue, as well as the study and summarizing the materials of 200 criminal cases on illegal benefits considered by the courts of Ukraine in 2015-2019. It has been established that proof of corruption offences in criminal proceedings is the activity of the subjects of criminal proceedings, which consists of collecting, assessing and verifying factual data in order to establish circumstances relevant to the investigation. At the same time, procedural and tactical mistakes, as well as abuses on the part of prosecution agents, which lead to deficiencies in the process of proving the guilt of officials who commit corruption offences, are very common in the practice of the Ukrainian law enforcement agencies in this area.

scholarly journals Initiation of a Criminal Case for an Offence in the Field of Computer Information: Russian and Foreign Experience

2021 ◽  
Vol 16 (12) ◽  
pp. 156-166
Author(s):  
M. V. Zhizhina ◽  
D. V. Zavyalova
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Criminal Case ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Legal Entity ◽  
Foreign Experience ◽  
Forensic Practice ◽  
Special Knowledge

The paper examines the theoretical and practical foundations of the initiation of criminal cases for crimes in the field of computer information. The stage of pre-investigation verification of a crime report is quite difficult due to the need to identify and consolidate the trace picture, requires the involvement of special knowledge in the field of information technology, the performance of certain actions, including of a technical nature, etc. Based on the analysis of domestic and foreign sources carried out by the authors, generalization of forensic practice and procedural regulation, an algorithm has been developed for conducting a pre-investigation check of reports of a crime of this type. Particular attention is given to tactical recommendations for interviewing a victim, namely an individual and a legal entity. Other verification and investigative actions are presented, depending on typical versions and situations. The operational search measures used to establish the fact of a crime are considered separately. At the same time, the generalization of the forensic practice of investigating crimes in the field of computer information and the questioning of representatives of law enforcement agencies made it possible to identify certain problematic points related to the pre-investigation verification of reports on these crimes, including the procedure for the treatment of victims with reports of incidents, with information from open sources of cyberspace within the framework of operational-search activities, etc. Based on the results of the research conducted by the authors, effective foreign practices are proposed, the transfer of which to domestic soil will help reduce the latency of these crimes, increase the efficiency of investigation and disclosure of this category of criminal cases.

Using Specialized Knowledge in Assessing the Reliability of Testimony in Criminal Proceedings: a Retrospective, Doctrinal and Practical Approach

2020 ◽  
Vol 2 (3) ◽  
pp. 165-196
Author(s):  
E. V. Noskova ◽  
◽  
J. A. Putintseva ◽  
Keyword(s):  
Law Enforcement ◽  
Theoretical Basis ◽  
Psychological Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Proceedings ◽  
Special Knowledge ◽  
Psychological Knowledge

Introduction. The history of the formation and development of forensic examination as an independent type of criminal procedural activity is long and very ambiguous. The patterns of its occurrence and stages of development predetermine the importance of expertology for modern law enforcement practice. The emergence and active use of new branches of scientific knowledge determine their introduction and influence on criminal proceedings, which is clearly demonstrated by the example of psychology. Theoretical Basis. Methods. The theoretical basis of the work is the scientific developments of domestic and foreign researchers devoted to the study of the possibilities and problems of using special psychological knowledge in assessing the reliability of testimony obtained in the course of pre-trial and judicial proceedings in a criminal case. Research methods – systemic, historical, logical, comparative and hermeneutic. Results. Without psychological and pedagogical special knowledge, it is impossible to imagine modern proceedings in the vast majority of criminal cases involving minors. The article provides a retrospective analysis of the application of non-legal knowledge to reveal lies in the testimony of witnesses, systematizes the experience of modern Russian law enforcement investigative and judicial practice, examines the arguments given in scientific sources and court decisions on the use of special psychological knowledge to substantiate and assess the reliability of the testimony of participants in criminal proceedings.The work examines the current capabilities of psychology and their potential for proving in the course of criminal proceedings, cites the positions of scientists who previously studied the studied complex of material and procedural problems. Discussion and Conclusion. On the basis of the available empirical experience, the author’s conclusion is formulated about the advisability of practical use in the process of proving psychological research of a teacher-psychologist aimed at identifying psychological signs of the reliability and/or unreliability of information reported by participants in criminal proceedings, especially in the process of forming a sequence and in the course of proving, formulating investigative versions, as well as in order to substantiate the conclusions of the investigator and the court with the testimony of an expert, a specialist who conducted the corresponding study. In connection with the identified problems, the necessity of preparing explanations at the departmental level of the significance and procedure for using special psychological knowledge in criminal proceedings is substantiated.

CRIMINOLOGICAL FEATURES OF CORRUPTION-RELATED CRIMES IN THE FUEL AND ENERGY COMPLEX

2020 ◽  
pp. 23-27
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Energy Complex ◽  
Significant Damage ◽  
Study Results ◽  
Wide Range ◽  
Illegal Activities ◽  
High Level

В представленной статье авторами рассматриваются вопросы уголовно-правовой охраны топливно-энергетического комплекса Российской Федерации от преступных проявлений, в том числе от коррупционной противоправной деятельности должностных лиц. Такие действия причиняют значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Авторами приводятся результаты исследования некоторых криминологических характеристик должностных лиц, совершивших преступления коррупционного характера. Дан анализ причин и условий, способствующих совершению вышеуказанных противоправных действий. Определена типовая модель преступника для данной категории преступлений и его характеристики: в первую очередь, это высокий уровень компетентности, специальное образование и т. д. Авторами отмечается высокий уровень латентной преступности в данной отрасли. Предложены некоторые пути профилактики данной категории правонарушений. Исследование проводилось на основе анализа конкретных уголовных дел, возбужденных следственными органами по результатам оперативно-розыскной деятельности правоохранительных органов. In the article the authors consider the issues of criminal and legal protection of the fuel and energy complex of the Russian Federation from criminal activity including corrupt illegal practices of officials. The authors cite the results of some criminological characteristics study of the fuel and energy complex staff committed corruption crimes. As a result of these illegal actions significant damage is caused to the normal functioning of the fuel and energy enterprises. Such officials` actions determine not only a wide range of other illegal activities, but also lead to public outcry and discredit the industry as a whole. The analysis of the reasons and conditions contributing to the above illegal actions commission is given. A typical model of a criminal for a given crime category and its characteristics are determined. First of all it is a high level competence, special education, etc. A high level of latent crime in this industry is shown. The study results are presented on the example of specific criminal cases initiated by the investigating authorities based on the results of the operation detection activities of law enforcement agencies. Some ways of preventing this category of offenses are proposed.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

Social efficiency of internal affairs bodies

2021 ◽  
Author(s):  
Egor Bunov
Keyword(s):  
Law Enforcement ◽  
Empirical Studies ◽  
Multidimensional Analysis ◽  
Law Enforcement Agencies ◽  
Social Effectiveness ◽  
The Social ◽  
Wide Range ◽  
Degree Of Satisfaction ◽  
Internal Affairs

The monograph contains a theoretical analysis of the social effectiveness of the internal affairs bodies as the degree of satisfaction of the population with the quality of law enforcement activities to protect their interests, rights and freedoms. The results of a multidimensional analysis of empirical studies of the influence of macro - and microsocial factors on the effectiveness of interaction between the population and law enforcement agencies are presented. The article substantiates the criteria for social assessment of the activities of the internal affairs bodies, the use of which allows for practical adjustment of the forms and methods of the management system. For a wide range of readers interested in the practice of applying legal measures of law enforcement.

scholarly journals Translated Transcripts From Covert Recordings Used for Evidence in Court: Issues of Reliability

2021 ◽  
Vol 6 ◽  
Author(s):  
David Gilbert ◽  
Georgina Heydon
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Organised Crime ◽  
Complex Environment ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Nation States ◽  
Australian State ◽  
Using Data

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.

scholarly journals Watching the watchers: Taskforce Argos and the evidentiary issues involved with infiltrating Dark Web child exploitation networks

2018 ◽  
Vol 92 (3) ◽  
pp. 221-236 ◽  
Author(s):  
Paul Bleakley
Keyword(s):  
Law Enforcement ◽  
Online Forums ◽  
Law Enforcement Agencies ◽  
Wide Range ◽  
Child Exploitation ◽  
Global Law ◽  
Dark Web

As the kind of technology used by offenders advances, it has become increasingly necessary for global law enforcement agencies to adopt proactive strategies in order to effectively combat the threat posed by the organisation of child exploitation networks on the Dark Web. In spite of concerns regarding the collection of evidence, Queensland Police’s Taskforce Argos has cultivated a reputation for success in the covert infiltration of online forums dedicated to child exploitation material, due largely to the relatively loose restrictions placed on it, which allow officers to commit a wide range of criminal acts whilst conducting controlled undercover operations.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

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