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Courier of Kutafin Moscow State Law University (MSAL))

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No 3 (2019)
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EXPERT OPINION

15-28 460
Abstract
The article discusses the scientific and technical background of digitization of Russian forensic science, controversy is underway with the criminal procedure approach to investigating cybercrime, which involves replacing investigators with intelligent robots who are more knowledgeable in digital information than their current colleagues, replacing all investigative actions with an investigative and operational action, and investigative authority by the judiciary and others. Further, the prerequisites for the development of digital forensics, which marks the transition from analogue redstavleniya diskretnomu-information to digital, allowing mathematize all the processes occurring in the real world, as well as to reflect the specificity of traditional crimes, when committed with the latest information and telecommunication technologies. The directions of its gradual development are clarified, in particular, in the field of digital fixation of evidentiary information, tactical and technical methods of production in cyberspace of investigative actions, and the use of a smartphone by the investigator to solve various forensic problems.

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ОБЩАЯ ТЕОРИЯ КРИМИНАЛИСТИКИ

29-35 440
Abstract
Ensuring information security today is a priority task in the international and national policy of our state, an indispensable condition for the existence and normal development of the state, society, individual and business. Criminalistics as an applied science that is acutely responsive to all the needs of practice, connected not only with the fight against crime, but also with other challenges of our time, can and should also assist with its methods and means in solving problems related to information security. This article discusses the possibilities of using criminalistics in the aspect under study.
36-45 422
Abstract
The article analyzes the place of fixation of evidence in their collection as an element of the process of proof, considers the methods of fixation, proposes their classification into types in relation to the criminal procedure law (procedural form) and the processes that underlie the fixation. In relation to the criminal procedure law or the procedural form, they may be divided into: mandatory or prescribed by the criminal procedure law; optional or additional (recommended by law). According to the processes that underlie fixation, they can be divided into: subjective, depending on the personality properties of the subject of fixation, his knowledge, skills, feelings, life experience, etc.; objective, when the basis of physical and chemical processes. Particular attention is paid to objective methods of recording evidence, especially photography and video recording as clearly imaginative methods of recording evidence, the most commonly used in practice. The possibilities of differentiation in the implementation of video recording of such methods of photography as measuring, identification and macro, as well as the possibility of using special techniques in video recording: highspeed or slow-motion video.

КРИМИНАЛИСТИЧЕСКАЯ ТЕХНИКА

46-52 410
Abstract
The transformation of the modern world under the influence of rapidly developing digital technologies has led to a significant change in the mechanism for fixing information about criminal activity in the surrounding reality. The investigation of virtually every criminal case currently includes the search, seizure and study of electronic traces. In this regard, the article describes a number of ways and features of working with electronic traces in criminal cases. In the course of the study, scientific publications on criminalistics and computer science, criminal case materials were studied, and author's own experience in the investigative activities was used. The author gives the definition of electronic traces, indicates their sources, importance in investigating crimes, the possibility of information and analytical studies of large amounts of information. The above findings and recommendations set forth in the article can serve as a scientific basis for further research on the use of electronic traces in criminalistics and crime investigation.

КРИМИНАЛИСТИЧЕСКАЯ ТАКТИКА

53-57 201
Abstract
In the article, the author makes arguments, from which it follows that there are assumptions that match the requirements for versions (validity, simplicity, consistency, etc.), directly, without transformations, cannot be verified by prescribed theory methods - by deriving empirically verifiable consequences., direct detection of the desired object. These include assumptions made with respect to a quantitatively indefinite set of subjects or objects, as well as versions expressed in such generalized concepts as mercenary, vile incentives, etc. It is argued that their verification can be carried out by successive instantiation, including repeated, and conversion into a deployed version-base system, or by limiting the number of objects to be scanned. The specificity of the versions put forward with respect to a quantitatively indefinite set of objects is that they contribute to the determination of directions of investigation.
58-70 312
Abstract
The term time management has long been used for the organization of many professional activities. The author examines this concept in relation to investigative activities, in particular, the organization of an investigator of his work in the course of the preliminary investigation in the criminal case, shows its characteristics, identifies the causes of ineffective work of the investigators. Focuses on the planning, forensic algorithmization and programming of a crime investigation, principles of forensic algorithms of actions of the investigator at the initial stage of the investigation, the interaction of the investigator with investigative personnel of both the activities of the investigator with the organization of its work, the effective working time of the subject of evidence, recommendations for control and accounting of working time of the investigator.

КРИМИНАЛИСТИЧЕСКАЯ МЕТОДИКА

71-81 332
Abstract
Problems of Criminalistics section “methodology of crime investigation” was given and focuses on domestic forensic scientists. The optimization problem of forensic scientific activities, increase its efficiency and social efficiency strongly require further complex investigations of theoretical-methodological nature, relating to the the main problems of forensic methods of investigation of offences, in particular relating to its basic concepts, technological aspects, as well as the content and structure of values of the individual elements: forensic characteristics crimes and the initial phase of the investigation. This is important because these issues affect information sources of the subject forensic methods of investigation and practice of cognitive activity investigator in the field of pre-trial criminal proceedings.
82-94 251
Abstract
One of the proofs confirming or disproving the guilt of a person in committing a crime may be the trace left by him. As a result of committing crimes with the use of information and telecommunication technologies, the following picture widens significantly - new, unconventional traces appear. Modern information technologies make it possible to solve problems of human life by direct exploitation of the network by the user, or by generating the necessary result by digital technology in an automatic mode using a previously developed algorithm and providing it to the person. As a result, two groups of traces are formed in the information and telecommunication network «Internet» and access devices to it. The first group of traces is user information, transformed by an electronic computing device and presented in a semantically understandable form for a person and indicating the person himself and / or his activity. The second group of traces includes algorithmized in the form of an alphanumeric code, i.e. generated by electronic computing devices, software, the functioning of information systems and are used to receive, transmit, deliver, process and store electronic messages and documents.

SCIENTIFIC RESEARCH

95-100 314
Abstract
The number of cases of the use of assisted reproductive technologies in Russia is increasing every year. Legislation governing legal relations in this area needs detailed elaboration and development. These circumstances determine the relevance of the research of abuses and crimes associated with various falsification. The task of criminalistics is the development of effective technical, tactical and methodical recommendations for the detection and investigation of falsification. This article reflects the results of the criminalistic analysis of legislation in the field of assisted reproductive technology. In particular, it is proposed introduction mandatory notarization of the surrogacy motherhood agreement, as well as a change in the procedure for submitting documents to the registry offices.
101-108 247
Abstract
Cartel collusions are the serious threat for the national economy and economic safety at all, according to their powerful impact in ceasing of competition. The result of such illegal collusions among competing ventures could cause different bad aftermaths: the artificial growth of the prices; the lack of new goods and services, less choices of them, decline of their quality; drop of business activities in integration, innovation and development areas; exclusion of access for a new market players; total market stagnation, at least. That’s why for Russian Antimonopolistic Body and special police departments it seems very important to detect opportunely all facts and circumstances, wich are obligatory to proof in such violations of the law. In this article we reveal specific aspects of detecting and proofing the facts of illegal ceasing of competition for administrative and criminal prosecutions, and consider the subject of proof for criminal cases, concerned with c. 178 of Russian Criminal Code.
109-115 274
Abstract
Effective detection, investigation and prevention of illegal cartel collusions is impossible without mutual coordination of Antimonopolistic and Law enforcement Bodies. According to the fundamental principle of legality, initiators of such coordination could be: the officers of Antimonopolistic Body, who are in charge for appropriate detection of violation of antimonopolistic legislation; the investigators, who have processual independence in inquiring of criminal cases, the police officers, who are in charge for detection, repression and prevention of economic crimes; the Prosecution Bodies of Russian Federation. In this article we analyze the format and the methods of collaboration and coordination of Antimonopolistic and Law enforcement Bodies of Russian Federation in detection of illegal cartel collusions and investigation of criminal cases, concerned with c. 178 of Russian Criminal Code, and we consider most effective realizations of such cooperation.
116-122 293
Abstract
In recent years the Government pays strong attention to detecting of cartel collusions among competing ventures, which makes illegal conspiracy for mutual monopolistic profits and ceasing competition, violating the law, instead of expected “fare play" at open markets. However, the analysis of activity of Russian Antimonopolistic Body and the review of investigation practice and court decisions, concerned with crimes under c. 178 of Russian Criminal Code, reveals some specific aspects. In this article we consider typical situations of preliminary inquiry in such areas and we suggest some recommendations for solutions.

ОБРАЗОВАТЕЛЬНАЯ СРЕДА

123-130 224
Abstract
Sound tracks are examined in detail for the purpose of diagnosing and identifying their source with the help of computerized analytical systems, as well as traces of communication between members of organized criminal groups and communities, with which modern investigators and forensic experts increasingly have to work. The focus is on the use of various modern means of communication. The features of communication traces extracted from various modern sources of their production, as well as problems arising in connection with their use for identification of communicants, are analyzed.
131-141 1455
Abstract
The notion of “trace” has a special significance in forensic science. Analysis of the trace pattern allows you to obtain information about the identity and actions of the offender. Scientists have developed many classifications of tracks on various grounds. Depending on the conditions for obtaining information about the crime, the author identifies three groups of tracks. Materially fixed traces are available for direct perception by all participants in the proceedings. Signed traces for direct perception are not available, but can be studied independently of the will of the participants in the criminal process. Ideal traces are not only inaccessible to direct perception, their study is impossible without the consent and participation of a person - “bearer” of these tracks.
142-147 173
Abstract
The article considers the question of the expediency and tactical necessity of appointing and conducting a forensic examination before initiating a criminal case on the grounds of illegal crossing at the sea section of the state border of the Russian Federation. Clarified the classification of persons who are holders of special knowledge that can be brought in to assist in the initiation of cases in this category. The authors come to the conclusion that in order to identify the grounds for the criminal prosecution, it is sufficient to use the help of experts - the border guards. They can be involved as a specialist in administrative proceedings. After initiation of proceedings, the information received may be given the status of evidence. This is possible if you assign a forensic examination or questioning a serviceman as a witness.
148-159 611
Abstract
The most important investigative action in the process of proof is a search. Search is one of the investigative actions aimed at compensation of harm caused by the crime. It is, carried out by force, consists in the inspection of premises, areas, transport and citizens in order to detect and seize items relevant to the investigation, as well as people and corpses. In order to conduct a search, it is necessary to have sufficient data on the possible presence in any place or person of objects related to the event of a crime or relevant to the criminal case. The search affects constitutional human rights and is difficult and time-consuming to carry out. In this regard, it is extremely important to consider the problematic issues related to its preparation and production. The article reveals the concept, goals and significance of the search in the investigation of crimes, as well as tactical and psychological features of its production and fixation in modern conditions.

TRIBUNE FOR YOUNG SCIENTIST

160-165 260
Abstract
The development and widespread (and ever-expanding) application of technology is a very complex phenomenon and inevitably affects all spheres of social life, including vital social relations related to personal and economic human security, the right to privacy, and so on. requires a quick and adequate assessment from the point of view of various aspects: economic, legal, cultural. The article deals with the subject of contemporary state and threats of cybercrime in the world, Russian and international legislation as well as the basis of international criminalistic cooperation on the matter and the ways of development of criminalistic protection against cybercrime.

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)