scholarly journals The concept and content of detective work of operational units of internal affairs bodies

2021 ◽  
Vol 2021 (2) ◽  
pp. 118-125
Author(s):  
Alexander Shahmatov ◽  
Roman Glubokovskih
Keyword(s):  
Broad Sense ◽  
Criminal Proceedings ◽  
First Case ◽  
Internal Affairs ◽  
Interdisciplinary Concept

The article deals with the concept of investigative work as an integral part of operational investigative activities, in the context of its capabilities and significance in the activities of operational units of internal affairs bodies. The opinions of prominent scientists on the concept of investigative work in the narrow and broad sense of the word are discussed and analyzed, which largely differ in content and volume. In the first case, we are talking about the search for a known identified person, a suspect (accused) of committing a crime, or a person who has gone missing. Search in the broadest sense is considered as a set of measures, the first of which is the identification of the person to be searched, as well as other objects of evidentiary value that are subject to detection. Investigative work, based on the complex use of operational-investigative and criminal-procedural measures, some authors tend to consider as an independent interdisciplinary concept, partially subordinated to two different areas-criminal proceedings and operational-investigative activities. Based on the results of the analysis of various approaches to investigative work, we propose a definition that clarifies various aspects of the work of operational (search) divisions of the internal affairs bodies in this area, carrying out the search and identification of various categories of citizens.

scholarly journals Dog poisoning with furadan 35-ST (carbamate insecticide)

2011 ◽  
Vol 65 (3-4) ◽  
pp. 277-285
Author(s):  
Jelena Aleksic ◽  
Drinka Mercep ◽  
Zoran Aleksic ◽  
Milijan Jovanovic
Keyword(s):  
Spinal Cord ◽  
Acute Pancreatitis ◽  
Motor Neurons ◽  
Diagnostic Procedures ◽  
World Health ◽  
Criminal Proceedings ◽  
Current Case ◽  
Tissue Samples ◽  
First Case ◽  
Carbamate Insecticide

The first case of poisoning of a dog with Furadan 35-ST in Serbia is described. The active ingredient of Furadan 35-ST is carbofuran (2,3-dihydro-2,2-dimethyl-7- benzofuranyl methyl carbamate), a carbamate insecticide, acaricide and nematocide. This highly poisonous substance is classified by the World Health Organisation into Class 1 b and in Serbia into Group 1 of The List of Poisons. Pathological assessment revealed hyperaemia and degenerative and necrotic changes in the liver, kidneys and heart. In addition, lysis of the nuclei in the motor neurons, loss of tigroid substance and pericellular oedema in the ventral horns of the spinal cord, and acute pancreatitis were found. In addition to the non-specific changes (hyperaemia, degenerative and necrotic changes in the parenchymal organs), the ones in the ventral horns of the spinal cord and acute pancreatitis may lead to carbamate poisoning being suspected. The diagnosis was established on the grounds of toxicological-chemical conformation of carbofuran by means of GC-MS in addition to the macroscopic, microscopic findings in tissue samples taken from the stomach and the liver, which confirmed the suspicion of the dog having been poisoned with the carbamate insecticide. In the current case the results of the diagnostic procedures provided foundations for the initiation of criminal proceedings.

The Role of Criminalistic Classification and Defendants’ Typification in the Formation of Forensic Recommendations for Prosecuting in Court

Lex Russica ◽  
2020 ◽  
pp. 69-83
Author(s):  
S. L. Kislenko
Keyword(s):  
Decisive Role ◽  
Criminal Activity ◽  
Point Of View ◽  
Practical Significance ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
First Case ◽  
Court Proceedings

Systemic characteristics of the doctrine dealing with the person committing a crime predetermine the complexity of the use of information about him or her in the process of criminal prosecution. Systemic information on the behavioral aspects of the person in the process of genesis of criminal and post-criminal activity, as well as its procedural status, will be of great importance in the work of law enforcement agencies as a systematic structure. Criminalistically significant aspects of criminal activity (and behavior) as a systemic holistic structure should be discussed when the decisive role of personal features is determined not only in the mechanism of the criminal act, but also beyond it. The activity of the person that takes place both before the criminal prosecution (criminal aspect) and during the proceedings (post-criminal aspect) should be investigated. Therefore, the identity of the defendant should be considered in the context of such categories as the identity of an offender and the identity of an accused (a suspect). The typification of defendants is necessary In order to improve the effectiveness of the prosecution of offenders in court proceedings. The classification approach allows us to develop targeted recommendations (methods, tactical complexes) to maintain the prosecution. Obtaining and using information about the identity of the defendant implies the need for the public prosecutor to interact with other authorities involved in prosecution process. The author comes to the conclusion that the study of personal and behavioral characteristics of the defendant has important theoretical and practical significance. In the first case, the generalization of such knowledge contributes to the development of criminalistic theory in general and its certain sections in particular. From a practical point of view, accumulation of such knowledge contributes to the formation of targeted criminalistic recommendations used to improve the effectiveness of criminal prosecution of persons who committed crimes within the framework of criminal proceedings.

scholarly journals Condition of scientific research involvement of employees of the expert service of the ministry of internal affairs of ukraine to the pre-trial investigation

2021 ◽  
Vol 1 (1) ◽  
pp. 302-306
Author(s):  
Yehor Sharay
Keyword(s):  
Technological Progress ◽  
Scientific Research ◽  
Criminal Proceedings ◽  
Teaching Materials ◽  
Scientific Thought ◽  
User Interests ◽  
Research Involvement ◽  
Doctoral Candidate ◽  
Special Knowledge ◽  
Internal Affairs

The author analyzes some scientific studies carried out in the form of doctoral, candidate dissertations, monographs, a number of scientific articles, teaching materials, which gives grounds to conclude that the interaction of experts with investigators, operatives, defenders, their use of special knowledge in Many domestic and foreign scientists and practitioners are of interest to their activities, as well as the involvement of employees of the Expert Service of the Ministry of Internal Affairs of Ukraine in the pre-trial investigation in the context of modern adversarial criminal proceedings. In addition, the author states that the versatility of the issue, the breadth of user interests in the development of scientific thought and scientific and technological progress, the importance of tasks performed by employees of the Expert Service of the Ministry of Internal Affairs indicate the urgency of this problem and provide grounds for further research.

scholarly journals THE PHENOMENON OF FORENSIC INITIATIVE CONCEPT AND CURRENT PROBLEMS OF ITS IMPLEMENTATION IN A DIGITAL SOCIETY

2020 ◽  
Vol 22 (2) ◽  
pp. 201-210
Author(s):  
O. Nedashkivska
Keyword(s):  
Practical Knowledge ◽  
Regulatory Framework ◽  
Practical Work ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Forensic Examination ◽  
Internal Affairs ◽  
Systematic Solution ◽  
The Right

The author addresses the issue of taking forensic initiative by forensic experts which is connected with a failure to recognize the mechanism for its implementation in practice, peculiarities and specifics in the activities of various participants of criminal proceedings. The Research purpose is to analyze current regulatory framework that regulates the right to forensic initiative and various scientific opinions on the right to manifest forensic initiative as a phenomenon, its significance for forensic examination in general as well as a systematic reflection of practical problems on application of forensic initiative right by forensic experts while practical work, characteristic forms of its manifestation. The study was conducted by questioning forensic experts from the Ministry of Internal Affairs of Ukraine in order to determine boundaries of possessing knowledge in the conceptual framework in forensic initiative field, to determine the attitude of forensic experts to the very concept of forensic initiative, their use of own law-regulated forensic initiative, analysis of existing scientific approaches and use forms of the right of forensic initiative. The boundaries of possession and handling of theoretical and practical knowledge in the field of forensic initiative and their implementation in practice are established by forensic experts of the Ministry of Internal Affairs. Various scientific approaches to the problem of forensic initiative manifestation are reflected and analyzed in conditions of society current development, practical significance and importance of ensuring realization of the right to forensic initiative by forensic experts in their practical work is outlined. A systematic solution for the problem is suggested: development of an appropriate regulatory framework that would regulate the procedure for using the right to forensic initiative and creation of an algorithm for implementing such a right of a forensic expert in practice, which will take forensic examination to a qualitatively new level and ensure thoroughness and comprehensiveness of research, facilitate formation of the rule of law.

Immunities and Criminal Proceedings (Equatorial Guinea v. France): Request for the Indication of Provisional Measures (I.C.J.)

2018 ◽  
Vol 57 (2) ◽  
pp. 201-222 ◽  
Author(s):  
Anton Moiseienko
Keyword(s):  
Money Laundering ◽  
Vice President ◽  
Equatorial Guinea ◽  
Criminal Proceedings ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Internal Affairs

On December 7, 2016, the International Court of Justice (ICJ) made an order indicating provisional measures in Immunities and Criminal Proceedings (Equatorial Guinea v. France), a case concerning the trial of Equatorial Guinea's second vice-president in charge of defense and security, Teodoro Nguema Obiang Mangue, for alleged money laundering in France. This ongoing case highlights the expansive jurisdictional reach of anti-money laundering laws but so far offers no guidance as to whether it may be limited by official immunities or the principle of non-interference in the internal affairs of states.

scholarly journals GETTING CRIMINALLY SIGNIFICANT BY ANALYSIS OF OPEN INTERNET SOURCES

2020 ◽  
Vol 73 (4) ◽  
pp. 144-155
Author(s):  
Oleksiy Oderiy ◽  
◽  
Oleksiy Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Open Source ◽  
Video Recording ◽  
Criminal Proceedings ◽  
Government Officials ◽  
Law Enforcement Agencies ◽  
Special Equipment ◽  
Video Images ◽  
Open Source Intelligence ◽  
Internal Affairs

The article considers OSINT (Open source intelligence) technology, which is intelligence based on open sources. Development of digital means of photo and video recording, led to the emergence of a large number of media files that reproduce the objective situation at different intervals of time and space. Based on the analysis, it is proved that Open source intelligence can be successfully used by law enforcement agencies to solve specific forensic problems. Its advantages are identified, which are as follows: 1) its use does not require additional financial costs for: a) purchase of special equipment and software, because it is enough to have access to the World Wide Web and PC workstation (smartphone, tablet); b) training of certain specialists, as OSINT technology is quite simple both in mastering and in processing the source and obtaining forensic information; 2) it is freely available, and therefore can be used not only by law enforcement agencies (government officials), but also by private detectives, volunteers, etc.; 3) its use (under certain conditions) does not violate the rights of citizens. Practical examples of application of online services on search of the persons fixed on a photo or video images on anthropometric data are resulted. There are four main stages of the process of searching for people by appearance on the mentioned technology. It was stated that using OSINT technology, forensic experts of the Kharkiv Research Forensic Center of the Ministry of Internal Affairs of Ukraine in the period from October 2019 to February 2020 identified 22 people (from more than 95 researched materials), evidence in criminal proceedings. Of course, the information obtained during the monitoring of social networks can be used in the investigation of criminal proceedings, in which to solve the problem of identifying a person by appearance, appropriate examinations will be appointed. It is proposed to create interdepartmental analytical and search groups m the system of bodies of the Ministry of Internal Affairs of Ukraine.

scholarly journals SCARRING AND ITS EFFECT ON THE STRUCTURE OF THE PAPILLARY PATTERN, REFLECTED IN THE TRACES OF DACTYLOSCOPIC ORIGIN

2020 ◽  
Keyword(s):  
Structural Changes ◽  
Skin Diseases ◽  
Sufficient Conditions ◽  
Scar Tissue ◽  
Criminal Proceedings ◽  
Scientific Validity ◽  
The Status ◽  
Internal Affairs ◽  
Characteristic Features ◽  
Papillary Pattern

Introduction. Today, there are many statistical sources that show the number of people who have consulted with doctors about own dermatological problems, ie the dynamics of skin diseases is monitored, however, in medical institutions and law enforcement agencies you will not find any forensic accounts or statistics that would contained an array of information about people whose papillary patterns have anomalies (changes) caused by various factors other than congenital. On the one hand, this is due to a specific list of grounds for fingerprinting (part 2 article 26 of the Law of Ukraine “About National Police”, paragraph 1.3., 1.4., 1.5. of the Order of the Ministry of Internal Affairs № 785 of September 11 year 2001 “About the validation of the Instruction on the order of functioning of the dactyloscopic account of expert service of the Ministry of Internal Affairs of Ukraine”), on the other hand, by not giving to dactyloscopic information of this kind sufficient weight. To confirm the importance of such information for achieving the objectives of criminal proceedings, by using scientifically confirmed data we analyzed the prints of papillary patterns from the nail phalanges of the fingers on 200 dactylomaps, which were taken into accounting in the Rivne SRFC of the MIA from the different parts of Rivne region from July to September 2019, and, as a result the following is established: 1. From 200 dactylomaps of different persons on 170 these or those structural changes of papillary samples which are not connected with quality and the mechanism of dactyloscopy were detected which makes 85% of sample; 2. On 144 dactylocards out of 200, at least one papillary pattern of the nail phalanx of the finger which was reflected in the fingerprint showed the scarring changes in the structure of the skin, which is 72% of the sample; 3. On 117 dactylomaps out of 200, at least one papillary pattern of the nail phalanx of the finger which was reflected in the fingerprint represented areas without papillary lines, which is 58.5% of the sample. Main results of the research: the article outlines the status of solving the problem of papillary patterns deformations caused by scarring processes reflected in traces. Medical and forensic statistics (which in both cases are directly related to the presence of dermatological problems in humans) with an indication of its practicality for disclosing of crimes is provided. The problem topicality is analyzed, with a proposal of ways to solve it, scientists who are engaged in a deep study of skin deformations with papillary patterns are mentioned, indicated, what amount of dactylomaps of different persons was processed to determine the percentage of probability of forensic expert to obtain information of dactyloscopic origin, which reflects the papillary pattern scar deformities, detailed forensic and medical definition of the scar are provided. Not only their types are described, but also the characteristic features that have a direct impact on the result of reflection. Papillary patterns having scar and non-scar deformities of different nature: lime burn, linear cut, flesh separation, surgery, and shapes: linear, rounded, curved, etc are illustrated with explanations in this article. Scar differences, criteria for attribution and non-attribution of neoplasms to scars, or rather - manifestations of injured dermis in the formed scars (older than six months), epidermis and tracesare are described here too. A range of possible signs of scar and scar tissue that may appear in the trace if there are sufficient conditions for such kind of trace formation are outlined. Several types of skin injuries are explained and shown in the figures (with a description of their signs), which may appear in traces and are not scars. As well, the importance of taking into account the data викладеної to enhance the positive performance of fingerprinting and state-implemented electronic systems of personal monitoring/identification is underlined. Conclusions. The result of the research indicates the achievement of its goal. During the research, scientifically proven provisions and methods were used, deformation features of the papillary pattern caused by scars were described and illustrated, details that may appear in traces of this kind are particularized, an algorithm of defining deformed areas of the papillary pattern as scars is explained and mentioned when it should not be done, therefore, a scientifically sound mechanism for examining a dactyloscopic information, which reflects scarring of the skin, has been formed, which, in turn, increases the implementation level of the principles of completeness, objectivity, scientific validity, comprehensiveness, quality and positive resultiness of dactyloscopic examination of any scarred papillary pattern reflected in the trace.

scholarly journals Children in the Criminal Justice System: the High Court Cases of GW and RP

2018 ◽  
Vol 7 (1) ◽  
pp. 14-21
Author(s):  
Gregor Urbas ◽  
Michael Harris
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Responsibility ◽  
Common Law ◽  
Criminal Proceedings ◽  
High Court ◽  
First Case ◽  
The Common ◽  
High Court Of Australia

In two decisions handed down in 2016, the High Court of Australia considered legal measures designed to deal with children in the criminal justice system in an age-appropriate manner. The first case, The Queen v GW, was a prosecution appeal involving the unsworn evidence of a child witness. In this decision, the High Court reviewed the common law and statutory background to unsworn evidence, and gave important guidance on the proper approach to dealing with such evidence in proceedings. The second case was RP v The Queen, which involved the criminal responsibility of a child defendant, and in particular the application of the doli incapax presumption. In this decision, the High Court reviewed the common law background to doli incapax, and gave guidance on its application in criminal proceedings. This commentary discusses both cases and the principles underlying the High Court’s reasoning.

Problems of interaction between police village constables and magistrates as a form of reflection of the essence of bourgeois reforms of the second half of the 19th century in Russia

2020 ◽  
Vol 2020 (4) ◽  
pp. 10-17
Author(s):  
Chingiz Ahmedov
Keyword(s):  
19Th Century ◽  
Police Officers ◽  
Professional Training ◽  
Criminal Proceedings ◽  
The Third ◽  
Literary Sources ◽  
Justices Of The Peace ◽  
Internal Affairs ◽  
The Right ◽  
The 19Th Century

The article is devoted to the insufficiently studied problem of interaction between the institutions of the magistrate’s court and police officials in the second half of the 19th century. The powers of a magistrate, as a representative of the judiciary, enshrined in the Charter of Criminal Proceedings, the Charter on Punishments Imposed by Justices of the Peace, were not limited to considering the case and bringing the guilty persons to justice, but made it possible to issue warnings to police officials. The procedural status of a police village constable was regulated by the charter of criminal proceedings and departmental regulations of the Ministry of Internal Affairs. Having consistently studied literary sources and archival materials, the author comes to the conclusion that procedural powers have found their application in the activities of police village constables. However, the lack of professional training and sufficient knowledge of regulatory legal acts became an obstacle in the implementation of the procedural powers of a police village constable. For the admission of violations of the fulfillment of the assigned duties when drawing up procedural acts against the guilty persons, the justices of the peace issued warnings to the police officials and reported this to the prosecutor. A commission created with the participation of representatives of the Ministry of Justice, the Ministry of Internal Affairs, the second and the third sections of His Imperial Majesty’s Own Chancery to discuss the issue «On the abolition of the right granted to the magistrate courts by article 53 of the charter of criminal proceedings of the right to issue warnings to police officers» considered the powers of the magistrate court to prosecute police officials.

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