Content magazine «INTERNATIONAL BULLETIN OF CRIMINALISTICS»
CURRENT ISSUES IN THE INVESTIGATION OF CRIMES IN THE FIELD OF ECOLOGY: AN INTERDISCIPLINARY APPROACH
The author analyzes a set of reasons of a forensic, legal and subjective nature in the absence of a uniform approach to the identification, investigation and judicial review of a number of common crimes in the field of ecology related to soil, air and water pollution, land damage. Formulates some suggestions for improving the effectiveness of the investigation methodology.
Investigation, methodology, environmental crimes, land damage, air pollution, water pollution, soil pollution.
ON SOME FEATURES OF EVIDENCE IN PRE-TRIAL CRIMINAL PROCEEDINGS ON ABUSE OF OFFICE
The article outlines the peculiarities of conducting an audit of a report of abuse of office. Since to make a decision on the start of criminal prosecution, it is mandatory to have such installation data as information about a person, position, his duties, it was concluded that the activities to identify and suppress the crime provided for by Art. 285 of the Criminal Code of the Russian Federation, includes two independent stages. The first is cognitive in nature. Its content is composed of operational-search measures carried out by inquiry bodies, a special place among which is given to technical measures, their procedural significance is emphasized. The second stage is of a certifying nature and consists in the criminal procedure activities of the investigation bodies after registering the report of an official in the manner established by the heads of the 19UPK of the Russian Federation. The main subject of the second stage is the investigator. The presence of signs of a special subject of the crime, endowed with the status of immunity, ensures the participation of the head of the investigative body, authorized to initiate a criminal case in the manner established by Art. 448 of the Code of Criminal Procedure of the Russian Federation. The peculiarity of the initial stage of pre-trial proceedings on abuse of power in the decision to initiate a criminal case, which is personified, is also highlighted.
abuse of office, Art. 285 of the Criminal Code of the Russian Federation, operational-search activities, operational-search activities, criminal-procedural evidence, verifica-tion of a crime report, initiation of a criminal case, pre-investigation check, verification actions, pre-trial proceedings, investigative actions, admissibility of evidence, results of operational-search activities, investigator, head of the investigative body, inquiry body.
THE NEGATIVE BEHAVIOR OF THE VICTIM AND HIS INFLUENCE ON THE COMMISSION OF AN OFFICIAL VIOLENT CRIME
Sufficient attention should be paid to the study of the victim's personality in the investigation of official violent crimes, since timely study of the victim's personality provides a solution to many investigative tasks. These tasks include: checking the defense's version of a false denunciation; establishing a valid and true picture of an official violent crime; using certain tactics to influence the victim during investigative actions with his participation; the role of the victim in the commission of an official violent crime. The purpose of this publication is to identify the peculiarities of the influence of the victim's behavior during the commission of an official violent crime against him. Methods: analysis of regulatory regulation, formal legal, comparative legal. Results: during the author's study of the behavior of victims, the forms of negative behavior of victims were identified, "provocation" was described as negative behavior of victims, practical examples were given, and the relationship between them was revealed.
the victim, the circumstances of the commission of an official violent crime, criminalistic aspects, forms of behavior, provocation, official violent crimes
THE USE OF DIGITAL TECHNOLOGIES IN THE ACTIVITIES OF EXPERTS
the digital transformation of forensic examination depends on the guarantee of reliability of information obtained digitally as evidence. It is important to ensure the standardization of procedures for the application of methods for the collection, research and use of electronic evidence, as well as to preserve them throughout the trial. The article examines the problems of terminology of the concept of "digital footprint", notes its dual component, combining visible and hidden content. As for the digitalization of technologies, they include the use of automated systems, artificial intelligence, and big data to improve the accuracy of research. At the same time, problems related to the security and confidentiality of personal information, overcoming conservatism and stagnation of thinking, respect for the rights and freedoms of participants in the process are also noted.
expert science, digital transformation, digitalization, expert activity, traces.
CURRENT ISSUES OF FORENSIC SUPPORT FOR THE SUPPLY CHAIN SECURITY
The article reveals the issues of using security seals to provide an indication of supply chain security risks, shows the scale of use of security seals and their legal binding. The problems of methodological support for the forensic of security seals affect the security of supply chains.
Signaling devices, sealing devices, examinations of signaling (sealing) devices, lock-ing and sealing devices, expert studies, forensic examination
SEPARATE ISSUES OF APPOINTMENT AND PRODUCTION OF EXAMINATIONS TO DETERMINE THE MATERIAL OR SUBJECT AS PORNOGRAPHIC
The identification of an object or material as pornographic in criminal proceedings is one of the most difficult issues, which affects the process of proving the qualification of the offense and making a final decision in a criminal case. The most effective way to classify a material or object as pornographic is to conduct a forensic examination, but problems arise in determining the expert composition for its production, as well as the specific type of examination, and the expediency of conducting a comprehensive study. There is a problem of lack of methodology for conducting separate types of expertise, when determining the subject as pornographic. Particularly problematic is the expert examination of art, which involves an expert art historian, an expert sexologist, an expert psychologist, an expert medical doctor (sexopathologist). In the case of expert examination related to the involvement of minors in the pornography business, it is necessary to involve experts-psychiatrists to conduct an art history examination. The paper substantiates the necessity of producing separate types of expertise in the investigation of crimes involving pornographic objects or materials with the involvement of specialists in specific areas of scientific knowledge. The expediency of conducting complex expert examinations to determine the characteristics of the objects under study is substantiated. Considering the peculiarities of the subject of research it is necessary to solve the issue of involving specialists in certain areas of knowledge.
expertise, pornography, art criticism, sex pathology, minors, special knowledge, general and private signs, psychology, subjects, photographs
INTEGRATION OF FORENSIC EXPERT ACTIVITIES TO THE ECONOMIC SECURITY OF THE COUNTRY – THE DIRECTION OF THE TIME
The article shows that in ensuring economic security and preventing criminal manifestations in various spheres of the country's socio-economic life, a special role is given to the use of special knowledge, primarily forensics. Certain types and types of forensic examinations that have a serious impact on success in the fight against crime are considered: forensic economic, computer-technical, construction-technical, molecular genetic and other examinations. It is proposed to use high-tech reference and information funds when conducting forensic examinations, with the introduction of computer software systems for big data analysis (Big Data) based on neural networks in order to determine the model and color of the car, the type, size of the cargo being transported, tracking wanted vehicles, and establishing a psychophysiological portrait an unknown criminal based on various types of traces he left, etc. The importance of forensic activity in ensuring successful legal proceedings and, accordingly, the economic security of the country is shown.
economic security, digitalization, technology, forensic examination, neural networks, legal proceedings, reference and information funds
ON SOME ASPECTS OF JUDICIAL RESEARCH OF TECHNICALLY COMPLEX RESULTS OF FORENSIC EXAMINATION
The scientific article discusses some aspects of the judicial study of technically complex results of forensic examination in the framework of their conduct in complicated conditions. In order to achieve the set goal of work related to ensuring the establishment of all the circumstances of reality, qualitative and correct interpretation of the conclusions of persons with special knowledge, tasks are solved that affect various issues, including those related to the presentation and interpretation of the results of expert activity in judicial practice, their impact on decision-making by courts. The author emphasizes the necessity and importance of high-quality cooperation between experts and legal professionals to ensure a correct, qualified assessment of technical information in the context of justice, focuses on the complexity and strategy of solving problems related to forensic examination in the field of technical sciences. Summarizing the conducted research, in conclusion, the author suggests taking measures that do not contradict the current legislation and are able to contribute to the evolutionary development of forensic examination. The successful implementation of the proposed measures, in the context of the development of law enforcement practice, will have a positive impact on improving the process of judicial research in technically complex areas of public life
Content magazine «INTERNATIONAL BULLETIN OF CRIMINALISTICS»
CURRENT ISSUES IN THE INVESTIGATION OF CRIMES IN THE FIELD OF ECOLOGY: AN INTERDISCIPLINARY APPROACH
The author analyzes a set of reasons of a forensic, legal and subjective nature in the absence of a uniform approach to the identification, investigation and judicial review of a number of common crimes in the field of ecology related to soil, air and water pollution, land damage. Formulates some suggestions for improving the effectiveness of the investigation methodology.
ON SOME FEATURES OF EVIDENCE IN PRE-TRIAL CRIMINAL PROCEEDINGS ON ABUSE OF OFFICE
The article outlines the peculiarities of conducting an audit of a report of abuse of office. Since to make a decision on the start of criminal prosecution, it is mandatory to have such installation data as information about a person, position, his duties, it was concluded that the activities to identify and suppress the crime provided for by Art. 285 of the Criminal Code of the Russian Federation, includes two independent stages. The first is cognitive in nature. Its content is composed of operational-search measures carried out by inquiry bodies, a special place among which is given to technical measures, their procedural significance is emphasized. The second stage is of a certifying nature and consists in the criminal procedure activities of the investigation bodies after registering the report of an official in the manner established by the heads of the 19UPK of the Russian Federation. The main subject of the second stage is the investigator. The presence of signs of a special subject of the crime, endowed with the status of immunity, ensures the participation of the head of the investigative body, authorized to initiate a criminal case in the manner established by Art. 448 of the Code of Criminal Procedure of the Russian Federation. The peculiarity of the initial stage of pre-trial proceedings on abuse of power in the decision to initiate a criminal case, which is personified, is also highlighted.
THE NEGATIVE BEHAVIOR OF THE VICTIM AND HIS INFLUENCE ON THE COMMISSION OF AN OFFICIAL VIOLENT CRIME
Sufficient attention should be paid to the study of the victim's personality in the investigation of official violent crimes, since timely study of the victim's personality provides a solution to many investigative tasks. These tasks include: checking the defense's version of a false denunciation; establishing a valid and true picture of an official violent crime; using certain tactics to influence the victim during investigative actions with his participation; the role of the victim in the commission of an official violent crime. The purpose of this publication is to identify the peculiarities of the influence of the victim's behavior during the commission of an official violent crime against him. Methods: analysis of regulatory regulation, formal legal, comparative legal. Results: during the author's study of the behavior of victims, the forms of negative behavior of victims were identified, "provocation" was described as negative behavior of victims, practical examples were given, and the relationship between them was revealed.
THE USE OF DIGITAL TECHNOLOGIES IN THE ACTIVITIES OF EXPERTS
the digital transformation of forensic examination depends on the guarantee of reliability of information obtained digitally as evidence. It is important to ensure the standardization of procedures for the application of methods for the collection, research and use of electronic evidence, as well as to preserve them throughout the trial. The article examines the problems of terminology of the concept of "digital footprint", notes its dual component, combining visible and hidden content. As for the digitalization of technologies, they include the use of automated systems, artificial intelligence, and big data to improve the accuracy of research. At the same time, problems related to the security and confidentiality of personal information, overcoming conservatism and stagnation of thinking, respect for the rights and freedoms of participants in the process are also noted.
CURRENT ISSUES OF FORENSIC SUPPORT FOR THE SUPPLY CHAIN SECURITY
The article reveals the issues of using security seals to provide an indication of supply chain security risks, shows the scale of use of security seals and their legal binding. The problems of methodological support for the forensic of security seals affect the security of supply chains.
SEPARATE ISSUES OF APPOINTMENT AND PRODUCTION OF EXAMINATIONS TO DETERMINE THE MATERIAL OR SUBJECT AS PORNOGRAPHIC
The identification of an object or material as pornographic in criminal proceedings is one of the most difficult issues, which affects the process of proving the qualification of the offense and making a final decision in a criminal case. The most effective way to classify a material or object as pornographic is to conduct a forensic examination, but problems arise in determining the expert composition for its production, as well as the specific type of examination, and the expediency of conducting a comprehensive study. There is a problem of lack of methodology for conducting separate types of expertise, when determining the subject as pornographic. Particularly problematic is the expert examination of art, which involves an expert art historian, an expert sexologist, an expert psychologist, an expert medical doctor (sexopathologist). In the case of expert examination related to the involvement of minors in the pornography business, it is necessary to involve experts-psychiatrists to conduct an art history examination. The paper substantiates the necessity of producing separate types of expertise in the investigation of crimes involving pornographic objects or materials with the involvement of specialists in specific areas of scientific knowledge. The expediency of conducting complex expert examinations to determine the characteristics of the objects under study is substantiated. Considering the peculiarities of the subject of research it is necessary to solve the issue of involving specialists in certain areas of knowledge.
INTEGRATION OF FORENSIC EXPERT ACTIVITIES TO THE ECONOMIC SECURITY OF THE COUNTRY – THE DIRECTION OF THE TIME
The article shows that in ensuring economic security and preventing criminal manifestations in various spheres of the country's socio-economic life, a special role is given to the use of special knowledge, primarily forensics. Certain types and types of forensic examinations that have a serious impact on success in the fight against crime are considered: forensic economic, computer-technical, construction-technical, molecular genetic and other examinations. It is proposed to use high-tech reference and information funds when conducting forensic examinations, with the introduction of computer software systems for big data analysis (Big Data) based on neural networks in order to determine the model and color of the car, the type, size of the cargo being transported, tracking wanted vehicles, and establishing a psychophysiological portrait an unknown criminal based on various types of traces he left, etc. The importance of forensic activity in ensuring successful legal proceedings and, accordingly, the economic security of the country is shown.
ON SOME ASPECTS OF JUDICIAL RESEARCH OF TECHNICALLY COMPLEX RESULTS OF FORENSIC EXAMINATION
The scientific article discusses some aspects of the judicial study of technically complex results of forensic examination in the framework of their conduct in complicated conditions. In order to achieve the set goal of work related to ensuring the establishment of all the circumstances of reality, qualitative and correct interpretation of the conclusions of persons with special knowledge, tasks are solved that affect various issues, including those related to the presentation and interpretation of the results of expert activity in judicial practice, their impact on decision-making by courts. The author emphasizes the necessity and importance of high-quality cooperation between experts and legal professionals to ensure a correct, qualified assessment of technical information in the context of justice, focuses on the complexity and strategy of solving problems related to forensic examination in the field of technical sciences. Summarizing the conducted research, in conclusion, the author suggests taking measures that do not contradict the current legislation and are able to contribute to the evolutionary development of forensic examination. The successful implementation of the proposed measures, in the context of the development of law enforcement practice, will have a positive impact on improving the process of judicial research in technically complex areas of public life