scholarly journals Reconstruction as a method of crime investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 113-119
Author(s):  
Andrii Hryhorenko ◽  
Oleh Musiienko ◽  
Viktoriia Boiko-Dzhumelia ◽  
Andrii Sakovskyi ◽  
Anna Myrovska

The purpose of the article is to analyze the method of reconstruction as one of the general scientific methods of criminology used in the investigation of crimes. The subject of research is the method of reconstruction in forensic science. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical and legal, formal and logical, comparative and legal, logical, system and structural methods, method of generalization. Research results. General scientific methods of criminology and their significance for crime investigation are considered. Reconstruction as a type of modeling method and its place in the system of forensic methods is defined. The signs of reconstruction and its features distinguishing from modeling are analyzed. The variants of reconstruction and their features are given. Practical meaning. The concept of reconstruction as an independent method of crime investigation and its implementation in the system of investigative (search) actions are proposed. Value / originality. Emphasis is placed on the need for further study of reconstruction as a special method of investigating crimes.

2021 ◽  
Vol 10 (46) ◽  
pp. 176-183
Author(s):  
Yurii Yermakov ◽  
Dmytro Shumeiko ◽  
Oleh Tarasenko ◽  
Maryna Voloshyna ◽  
Sergii Chyzh

The purpose of the article is to determine the features of the search for signs of criminal offenses in the sphere of subsoil exploitation and protection. The subject of the study is the search activities of operational units in this area. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical-legal, formal-logical, system-structural, generalization, comparative-legal. Research results. The elements of search activity of criminal offenses in the area of subsoil exploitation and protection are established. Practical meaning. The most likely places of search and objects containing information on wrongfulness of the acts in the indicated sphere are identified. Value / originality. It is proved that process of detecting criminal offenses and those who prepare or commit them is based on the knowledge of the event of criminal offense by subtraction from the environment the changes that have arisen in connection with its preparation or commission of the traces left on the environmental elements, such as objects and documents.


2021 ◽  
Vol 229 (6) ◽  
pp. 32-44
Author(s):  
EVGENIYA N. FEDOTOVA ◽  

The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.


Author(s):  
Oksana Matvienko ◽  
Michael Tsyvin

The purpose of the article is to identify essential approaches to understanding informology and the practice of using «informological» terminology in disciplinary research. The research methodology is based on a set of general scientific methods of generalization, systematization and forecasting. Methodology. Research methods used: analysis of the documentary flow of publications in which the subject or object is informology or related problematic aspects, the method of analogy to find common and separate in the approaches of researchers to the essence of informology, hypothetical analysis allowed to draw conclusions about scientific consensus in among Ukrainian scientists on informology as a «science of information». The scientific novelty is to identify modern approaches to understanding informology in disciplinary research, substantiate the conclusion that there is a scientific consensus in the understanding of informology as a science of information while not presenting research that would clearly outline the substantive basis of informology and justify the list of disciplines generalizing science. Conclusions. In the domestic scientific discourse, informology is considered to be a generalizing science that covers the study of all aspects related to information and information processes. There is a scientific consensus in the disciplinary community regarding this understanding. The existence of informology as a theoretical and methodological basis in the system of scientific research is characterized by the factual absence of the representation in the scientific discourse of its subject-content bases. The considered approaches, considerations, and terminological applications related to «informology» do not highlight its role as a generalizing science for disciplines that use the information approach, do not reveal conceptual interdisciplinary theories, concepts, and models proposed on its basis within the information approach and do not present the epistemological potential of informology. Keywords: informology, information sciences, information approach, scientific consensus, terminology.


2019 ◽  
pp. 83-88
Author(s):  
E. N. Valiev ◽  
E. N. Veysov

The importance of the subject of this study is attributable to the need of developing the theory and practice of formation of bank marketing, its features and new trends associated with this concept. Prospects for the development of banks and their ability to quickly and efficiently address new challenges presented by the market can be determined through modern forms, methods of management and creative use of financial marketing opportunities.Aim. The presented study aims to examine the specific aspects, principles, conditions, factors of emergence, and prospects for the development of bank marketing and forms of its management in modern economic conditions.Tasks. The authors identify the major trends and perspective directions in the development of bank marketing in Azerbaijan at the current stage.Methods. As its methodological and theoretical basis, this study uses a systems approach to the analysis of its subject, conceptual approaches outlined in the works of Azerbaijani, Russian, and foreign scientists in the field of bank marketing. These methods are used to determine the essence of bank marketing, present the types and organization of marketing research, and identify the characteristic traits, new forms, and directions for the development of bank marketing.Results. The study uses general scientific methods of cognition in various aspects to identify characteristic traits, trends, and new directions of bank marketing. A review of scientific publications shows that academic papers tend to focus on general conceptual approaches to the practical application of marketing. The authors believe that the issues of organization of a comprehensive bank management system, its implementation based on innovations in the promotion of banking products and services in the financial market, and substantiation of channels for their distribution among consumers are insufficiently explored. This makes the subject of this study extremely relevant due to the inevitable optimization of the organizational structure of banks through comprehensive implementation of the marketing system.Conclusions. Theoretical and practical issues of bank marketing are examined. As a result, the specific features and characteristic traits of this mechanism, conditions and factors for its emergence, and its prospects in the context of the digital economy are analyzed.


Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


Author(s):  
Svetlana Pavlovna Basalaeva

The subject of this research is the legal relations on corruption prevention in organizations from the perspective of anti-corruption and labor legislation, as well as law enforcement practice. The author employs a general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, system-structural, formal-logical (deduction, induction, determination and divisions of concepts). The article analyzes the four aspects of responsibility of an organization to undertake measures for preventing corruption: 1) circle of measures; 2) form and methods for establishing measures; 3) content of measures; 4) legal consequences of failure to deliver or unacceptable delivery) of the responsibilities for undertaking measures. The author describes the risks of the employer in organization of anti-corruption policy, as well as formulates the proposals on proper discharge of anti-corruption duties by an organizations in accordance with the following aspects: 1) the need to develop and undertake all measures established in the Part 2 of the Article 13.3 of the Law “On Corruption Prevention”; 2) the local normative acts should represent the form of anti-corruption measures; 3) the criterion for establishing anti-corruption responsibilities of the employees relates to their work function and rules of conduct in the organization; 4) proper discharge of responsibilities for undertaking anti-corruption  measures is an essential condition for exemption from liability set by the Article 19.28 of Code of the Russian Federation on Administrative Offenses of the Russian Federation.


2021 ◽  
Vol 5 (S2) ◽  
pp. 708-721
Author(s):  
Oksana A. Telep ◽  
Inna V. Balashenko ◽  
Pavlo P. Fedaka ◽  
Liudmyla I. Ukhach ◽  
Yelizaveta M. Sivak

The relevance of the subject matter derives from the fact that communication is one of the oldest institutions of humanity and plays a crucial role in modern society. The authors used general scientific methods such as generalisation, analysis and integration of elements of the concept of conventional communication as well. The purpose of the study is to define the essence of the models of socio-cultural transformation, as well as the characteristics and features of the development of socio-cultural activities. The study analyses how socio-cultural content functions in social communication; the key theoretical thesis of the functionality message is identified. The study discusses the models that influence socio-cultural transformation on the global level and make changes both in the global cultural space and in the cultural space of countries, communities, and people in particular. The study proposes means to strengthen the innovative potential of Ukrainian culture. The authors emphasise that the phenomenon of communication culture requires in-depth theoretical and methodological studies of the problems of its design and support. 


Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.


2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.


2020 ◽  
pp. 230-242
Author(s):  
Варвара Викторовна Каширина

Объектом исследования в статье является переписка святителя Феофана с Н. В. Елагиным, протоиереем Николаем Флоринским и протоиереем Димитрием Ждановым. Тематика переписки - религиозно-нравственные братства («штунды») для изучения Библии, возникшие в начале XIX в. в южных областях Украины и быстро увеличивавшие своё влияние среди православных христиан. Методология исследования базируется на комплексном применении традиционных научных методов: источниковедческого, историко-логического и сравнительно-исторического. В результате исследования была реконструирована история издания сочинения А. Д. Ушинского «Вероучение малорусских штундистов, разобранное на основании Священного Писания в беседах православного мирянина с сектантами» против штундистов и выявлено участие в подготовке издания святителя Феофана Затворника. Труд А. Д. Ушинского, написанный при деятельном участии и поддержке святителя Феофана, явился одним из первых, посвящённых штунде. В книге были опубликованы и подробно разобраны вероучительные положения штундистов, которые ходили в рукописном виде или же распространялись только устно. The object of research in the article was the correspondence of Saint Theophan with N. V. Elagin, Archpriest Nikolai Florinsky and Archpriest Dimitri Zhdanov. The subject of the correspondence is religious and moral fraternities («shtund») for Bible study, which appeared in the early XIX century in the southern regions of Ukraine and quickly increased their influence among Orthodox Christians. The research methodology is based on the complex application of traditional scientific methods: source-based, historical-logical and comparative-historical. The study was reconstructed history of editions of works by A. D. Ushinsky «a little Creed of Stundists, dismantled on the basis of Holy Scripture in the conversations of an Orthodox layman with zealots» against Stundists identified and involved in the preparation of the edition of St. Theophan the Recluse. The work of A.D. Ushinsky, written with the active participation and support of Saint Theophan, was one of the first dedicated to shtunda. The book published and analyzed in detail the doctrinal statements of the shtundists, which went in handwritten form or were distributed only orally.


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