scholarly journals Modern legal and organizational principles for the development of judicial examination in crime investigation

2020 ◽  
Vol 2020 (2) ◽  
pp. 93-101
Author(s):  
Leonenko O. A. ◽  
◽  
Yesypenko O. H. ◽  
Rakhilchuk І.V. ◽  
◽  
...  
Keyword(s):  
Information Retrieval ◽  
Human Memory ◽  
Evidence Base ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Positioning Systems ◽  
Reference Information ◽  
Current State ◽  
Satellite Positioning ◽  
Crime Investigation

The scientific article is devoted to the problems of using forensic examinations and their results in the pre-trial investigation. Perspective directions of development of criminology according to its components are defined. The current state of develop-ment of forensic technology, tools and cybernetics in general, which is successfully used in forensics makes it possible to use retinal schemes to register criminals. It is noted that the development of forensic technologies involves the develop-ment of information retrieval programs, such as Automated Workplaces (AWP) for pre-trial investigation units of Ukraine, as well as other persons authorized to in-vestigate, reference information programs. It is effective to use global satellite positioning systems (JPS devices) while in-vestigating crimes, ZD laser scanners when inspecting the scene, as small elec-tronic devices allow you to capture the geographical coordinates of any point, loca-tion of objects at the scene, the distance between them rather quickly. A new step in forensics in the near future will be the use of "latent fingerprint" (LTF) technology, which will greatly simplify the identification of criminals. Methods of forensic examination in criminal proceedings and their improve-ment using the latest technologies that use computer programs such as "Photoro-bot", the use of audio and video, polygraph, spectrograph, etc. to reproduce human memory and the development of forensic technology, which involves development of information retrieval programs. These new approaches and knowledge used by forensics are a necessary con-dition for the rapid detection of the crime, detection and seizure of physical evi-dence for their further expert studying. The use of the latest achievements of forensic technology in the detection of hidden traces is the key to the formation of a quality evidence base and identifica-tion of a particular person during the pre-trial investigation. Key words: forensics, forensics theory, crime investigation, criminological means of research.

scholarly journals Criminal misdemeanors as a novelty of criminal and criminal procedure legislation

2020 ◽  
pp. 365-368
Author(s):  
Andrii Begma ◽  
Galyna Muliar ◽  
Oleksii Khovpun
Keyword(s):  
Expert Opinion ◽  
Video Recording ◽  
Criminal Procedure ◽  
Evidence Base ◽  
Criminal Code ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Medical Examinations

The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article considers the types of evidence that are taken into account in the investigation of criminal offenses. Such evidenceshould include: explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technicalmeans that have the functions of photography and filming, video recording, or means of photography and filming, video recording. Thepossibility of using evidence in the investigation of crimes is considered.During the criminal proceedings, a new entity is identified, which is actually engaged in the investigation of criminal offenses,such an entity is the investigator. Inquiry is a new unit that investigates criminal offenses. Inquiries are carried out by inquiry subdivisionsor authorized persons of other subdivisions.A criminal offense is an act (action or omission) provided by the Criminal Code, for which the main penalty is a fine of not morethan three thousand non-taxable minimum incomes or other punishment not related to imprisonment. Procedural sources of evidencein criminal proceedings on criminal offenses, in addition to certain Art. 84 of the CPC, there are also explanations of persons, the resultsof medical examinations, expert opinion, indications of technical devices and technical means that have the functions of photographyand filming, video recording, or means of photography and filming, video recording.The legislator does not rule out that the sources of evidence are testimony, physical evidence, documents, expert opinions, but infact the explanations of persons, the results of medical examinations, expert opinion, indications of technical devices and equipmentthat have the functions of photography and filming, video or photo – and filming, video recordings are also identified as sources of evidence.The purpose of such a division is to distinguish between sources of evidence that can be used to prove crimes and criminal offenses.In addition, there is a misunderstanding – what exactly can we use to form the evidence base in criminal proceedings.

scholarly journals Problems of interaction of operational-search units of the National police of Ukraine during the investigation of criminal offences

2020 ◽  
Vol 4 (4) ◽  
pp. 270-274
Author(s):  
Serhiy Obshalov
Keyword(s):  
Task Force ◽  
The Body ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Mutual Exchange ◽  
Joint Activities ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Crime Investigation ◽  
National Police

The scientific article is devoted to the coverage of some aspects of the interaction of operational and investigative units of the National Police of Ukraine during the investigation of criminal offenses. The concept, essence and forms of interaction during the pre-trial investigation are considered. It is noted that the interaction of the National Police provides the most effective investigation of socially dangerous acts. After all, thanks to the joint activities of employees of different departments, information of any plan is obtained, as well as possible rapid and rational implementation of various pro-cedural actions. The investigation of serious crimes requires employees to plan their actions quite clearly. Therefore, research and recommendations on the interaction of any units of the National Police is un-doubtedly one of the most progressive areas of achieving the purpose of criminal proceedings and research in general. The author supports the position that cooperation is a form of organization of crime investigation, which consists mainly in law-based cooperation of the investigator with the body of inquiry, agreed on the goals, time and place, carried out in order to fully and quickly detect crimes, comprehensive and com-prehensive. effective investigation of criminal proceedings and search for hiding criminals, stolen valuables and other objects relevant to the case. Among the procedural forms of their interaction in the investigation of serious and especially se-rious crimes are: the implementation of the investigator's instructions to conduct investigative (investigative) actions and covert investigative (investigative) actions; execution by the operative unit of the investigator's instructions on verification by operative-investigative means of information that is important for establishing the presence or absence of grounds for entering information into the URPI on operative materials. Among the organizational forms in the investigation of serious crimes are the following: joint planning of the initial stage of the investigation; coordinated activities as part of the investigative task force; mutual exchange of information between the investigator and employees of operational units; joint use of forensic and operational-technical means.

scholarly journals Linked Data in a Nutshell: A Starter Kit of Selected Annotated Bibliography and Resources for Academic Librarians: Part One

2018 ◽  
Vol 3 (1) ◽  
pp. 36
Author(s):  
Weiling Liu
Keyword(s):  
Information Retrieval ◽  
Case Studies ◽  
Linked Data ◽  
Annotated Bibliography ◽  
Academic Librarians ◽  
English Only ◽  
Current State ◽  
The Many ◽  
Data Evolution ◽  
The Web

It has been a decade since Tim Berners-Lee coined Linked Data in 2006. More and more Linked Data datasets have been made available for information retrieval on the Web.  It is essential for librarians, especially academic librarians, to keep up with the state of Linked Data.  There is so much information about Linked Data that one may wonder where to begin when they want to join the Linked Data community. With this in mind, the author compiled this annotated bibliography as a starter kit.  Due to the many resources available, this list focuses on literature in English only and of specific projects, case studies, research studies, and tools that may be helpful to academic librarians, in addition to the overview of Linked Data concept and the current state of Linked Data evolution and adoption.

scholarly journals SCIENTIFIC PREREQUISITES AND METHODICAL BASES FOR THE FORMATION OF TACTICAL OPERATIONS IN CRIMINALISTICS

2017 ◽  
Vol 17 ◽  
pp. 18-29
Author(s):  
V. M. Shevchuk
Keyword(s):  
Dynamic Structure ◽  
Criminal Proceedings ◽  
Active System ◽  
Scientific Cognition ◽  
Active Type ◽  
Technological Approach ◽  
Crime Investigation ◽  
Methodical Basis ◽  
Consistent Performance ◽  
Investigative Activity

The scientific prerequisites and methodical foundations of tactical operations in the forensic investigative activity are studied. It’s substantiated that the methodical basis for the formation of tactical operations is the active, system-structural and technological approaches. These approaches are becoming more common in the Criminalistics, significantly expanding the opportunities and prospects for the scientific cognition in this field of knowledge. Guided by the fundamentals of the system-structural approach, it can be asserted that a tactical operation has all the attributes of a systemic formation, it should be considered as a complex real system of active type, realized by specially authorized subjects and directed at solving separate tactical (intermediate) tasks stipulated by investigative (judicial) situations. Tactical operation is considered as a systemic formation of the active type, which has such properties as integrity, structuring, hierarchy, purposefulness, relations and interaction between elements. Successful realization of the technological approach to the solution of these problems assumes the necessity ofthe development of a peculiar program, regulating the preparation and implementation of a tactical operation. The essence of the technological approach to the formation and implementation of tactical operations is the consistent performance of the system of appropriate actions, taking into account the dynamic structure of the activity on investigation of crimes and judicial supervision behind materials of criminal proceedings. It’s used for construction of typical programs of crime investigation and the judicial supervision, typical tactical operations, staging, regularity and is a basis technology of formation of tactical and criminalistic complexes aimed at the decision of separate tactical tasks. The technology of a tactical operation should be developed as a kind of criminalistics technology, derivative from investigative technology, technology of investigative (search) actions, technology for crime investigation and judicial proceeding. Prospective directions for the further researches of the considered problematics are offered.

scholarly journals CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
pp. 5-11
Author(s):  
О. А. Антонюк
Keyword(s):  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Illegal Acts

The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

scholarly journals ANALYSIS OF THE CURRENT STATE OF SCIENTIFIC RESEARCH PROBLEMS OF OPERATIONAL AND EXPLORATORY DOCUMENTATION

2020 ◽  
pp. 408-416
Author(s):  
А. А. Саковський
Keyword(s):  
The State ◽  
Theory And Practice ◽  
Scientific Development ◽  
Modern Theory ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Current State ◽  
Criminal Offenses ◽  
Research Problems ◽  
National Police

The relevance of the article is that the Constitution of Ukraine stipulates that a person, his life and health, honor and dignity, inviolability and security are recognized in our state as the highest social value. The activity of law enforcement bodies and judicial authorities in the state is aimed at ensuring the implementation of this provision of the Basic Law of Ukraine. Protection of the rights and legitimate interests of individuals and legal entities is one of the tasks of criminal proceedings which is achieved through the implementation of others - by prompt and full disclosure of crimes, exposing the perpetrators and ensuring the proper application of the Law. The purpose of the article is to determine the current state of scientific developments of operational and investigative documentation in the process of combating crime by units of the National Police of Ukraine. The state of scientific development of problems of operative-search documentation by generalization and systematization of results of monographic works of domestic and foreign scientists, and also scientific researches on the researched subjects, stated in manuals, methodical recommendations, lectures and scientific articles of different historical periods is analyzed. For in-depth study of these issues, the chronological principle of presentation of the material was chosen, which provides an opportunity to highlight the defining ideas and views of the formation of modern operational and investigative documentation. It was found that today, in the legal literature and practice, along with the term "operational documentation" has become widespread concept of "operational and technical documentation" of criminal offenses, as these terms are used not only in forensic, operational and investigative, but also other aspects , where they have different meanings, although identical in meaning, which is the need to ensure compliance of the process of operational and technical documentation of criminal offenses with the requirements of applicable regulations governing the admissibility, procedure and conditions of its implementation. It is stated that the study indicates the need and relevance for modern theory and practice of ORD conducting at the monographic level of a comprehensive study of theoretical, legal and organizational and tactical principles of operational and investigative documentation in the fight against crime by the National Police of Ukraine.

scholarly journals Research on BeiDou Satellite Positioning Algorithm Based on GPRS Technology

2021 ◽  
Vol 2021 ◽  
pp. 1-9
Author(s):  
Li Yang ◽  
Yunhan Zhang ◽  
Haote Ruan
Keyword(s):  
Real Time ◽  
Navigation System ◽  
Satellite Navigation ◽  
Positioning Systems ◽  
Time Dynamic ◽  
Satellite Navigation System ◽  
Satellite Positioning ◽  
Error Elimination ◽  
Wireless Module ◽  
Positioning Algorithm

The BeiDou Satellite Navigation System of China can provide users with high precision, as well as all-weather and real-time positioning and navigation information. It can be widely used in many applications. However, new challenges appear with the expansion of the 5G communication system. To eradicate or weaken the influence of various errors in BeiDou positioning, a BeiDou satellite positioning algorithm based on GPRS technology is proposed. According to the principles of the BeiDou Satellite navigation system, the navigation and positioning data are obtained and useful information are extracted and sent to the communication network through the wireless module. The error is corrected by establishing a real-time kinematic (RTK) mathematical model, and the pseudorange is calculated by carrier phase to further eliminate the relativistic and multipath errors. Based on the results of error elimination, the BeiDou satellite positioning algorithm is improved and the positioning error is corrected. The experimental results show that the positioning accuracy and efficiency of the algorithm can meet the actual needs of real-time dynamic positioning systems.

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.

Klobuchar-Like Local Model of Quiet Space Weather GPS Ionospheric Delay for Northern Adriatic

2009 ◽  
Vol 62 (3) ◽  
pp. 543-554 ◽  
Author(s):  
Renato Filjar ◽  
Tomislav Kos ◽  
Serdjo Kos
Keyword(s):  
Space Weather ◽  
Weather Conditions ◽  
Ionospheric Delay ◽  
Delay Model ◽  
Northern Adriatic ◽  
Positioning Systems ◽  
Research Activities ◽  
Satellite Positioning ◽  
Klobuchar Model ◽  
The Impact

Ionospheric delay is the major source of satellite positioning system performance degradation. Designers of satellite positioning systems attempt to mitigate the impact of the ionospheric delay by deployment of correction models. For instance, the American GPS utilises a global standard (Klobuchar) model, based on the assumption that the daily distribution of GPS ionospheric delay values follows a biased cosine curve during day-time, while during the night-time the GPS ionospheric delay remains constant. Providing a compromise between computational complexity and accuracy, the Klobuchar model is capable of correcting up to 70% of actual ionospheric delay, mainly during quiet space weather conditions. Unfortunately, it provides a very poor performance during severe space weather, geomagnetic and ionospheric disturbances. In addition, a global approach in Klobuchar model development did not take into account particularities of the local ionospheric conditions that can significantly contribute to the general GPS ionospheric delay. Current research activities worldwide are concentrating on a better understanding of the observed GPS ionospheric delay dynamics and the relation to local ionosphere conditions.Here we present the results of a study addressing daily GPS ionospheric delay dynamics observed at a Croatian coastal area of the northern Adriatic (position ϕ=45°N, λ=15°E) in the periods of quiet space weather in 2007. Daily sets of actual GPS ionospheric delay values were assumed to be the time series of composite signals, consisting of DC, cosine and residual components, respectively. Separate models have been developed that describe components of actual GPS ionospheric delay in the northern Adriatic for summer and winter, respectively. A special emphasis was given to the statistical description of the residual component of the daily distribution of GPS ionospheric delay, obtained by removing DC (bias) and cosine components from the composite GPS ionospheric delay.Future work will be focused on further evaluation and validation of a quiet space weather GPS ionospheric delay model for the northern Adriatic, transition to a non-Klobuchar model, and on research in local GPS ionospheric delay dynamics during disturbed and severe space weather conditions.

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