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Courier of Kutafin Moscow State Law University (MSAL))

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No 5 (2019)
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EXPERT OPINION

31-44 440
Abstract
The article deals with the legal, organizational, methodological and didactic aspects the actual problems the use of special knowledge in the judicial investigation of computer crimes (offenses) in the conditions of digitalization. The author emphasizes the mandatory participation of a specialist in investigative actions related to operations with digital traces. It is proposed to significantly expand the information and computer component in the training of investigators. Developed proposals to improve the skills of professionals working with digital traces. The main problems of the appointment and production of forensic expertise, the objects of which are digital traces in state and non-state forensic institutions, are considered. The dominant role of forensic computer technical expertise and its integration with other types of forensic examinations is noted. The priority direction for the preparation of forensic experts of computer-technical expertise is their obtaining higher education in the specialty 40.05.03 «forensic examination». The necessity of voluntary certification of non-state forensic experts in the Chamber of forensic experts named after Yu.G. Korukhov, confirming their professional competence. It is pointed out the need to develop information and computer support for working with digital traces in civil and administrative proceedings. The reference and consulting activities of a specialist in the field of information computer technologies are covered. It is noted that the use of special knowledge in the judicial investigation of digital traces is part of a private theory of information-computer support for criminalistics activities, the development of which is aimed at resolving, among other things, the problems described above.
45-55 304
Abstract
The article considers the relationship between the concept of «insult» and a new for judicial and forensic expert practice conceptual category of «disrespect for authority», in connection with the introduction of administrative responsibility for telecommunications networks, including the Internet, circulating information in obscene form, which offends human dignity and public morality, expressing disrespect for society, the state, the official state symbols of the Russian Federation, Constitution of the Russian Federation or bodies, exercising state authority in the Russian Federation.

VECTOR OF LEGAL SCIENCE

56-65 380
Abstract
Judicial tax examination is the most important evidence in the case; it can be used to identify violations of the requirements of tax legislation allowed by taxpayers in determining the elements of taxation. Within the framework of the existing legal regulation, one of the elements of the mechanism of protection against tax crimes in connection with the encroachment on the financial interests of the country is a judicial tax examination, the production of which is aimed at ensuring an objective and comprehensive investigation of crimes in criminal proceedings.
79-87 236
Abstract
The article deals with the issues of competence of the expert in forensic speech and audio analysis and also in forensic speech and audio analysis of characteristics of speaker»s appearance. Some aspects of evaluation of the competence of the expert were also considered. The list of specialist knowledge, which forensic expert in forensic speech and audio analysis should have, are also considered. Some questions about education of expert in forensic speech and audio analysis are analyzed.
88-94 350
Abstract
The article discusses the genesis of new genera and species of forensic examinations in the era of digitalization. The new global influence that has replaced the computerization has an impact not only on the state and the personality, but also on individual industries and scientific areas, including and on forensic expertise. The emergence and distribution of such new objects as web comics, digital photographs and video recordings, digital voice recorders, phonograms, accounting software, etc., significantly change the objects of forensic examinations, make it necessary to form on the basis of already known and traditional genera forensic examinations, new, associated with the study of new objects.
95-104 216
Abstract
Uniform application of forensic portrait examination techniques is the key to the correct evaluation of the results of the study. Since this problem is quite global, we will focus only on some of its aspects related to the determination of absolute mathematical values for the photo and video frames. The use of numerical values of the objects of study gives the results of the examination a greater degree of objectivity, and hence the reliability of the findings. If we talk about the methods of identification of the person on the grounds of appearance, in the developing technological society, the use of quantitative methods has significant potential, since the comparison of only the characteristics of the elements of the person is not enough to formulate a conclusion. However, we should not forget that each technique is calculated under well-known or specific conditions, violating which, the expert receives inadequate and sometimes erroneous results. It appears that the solving of urgent tasks of face identification can be found through the joint efforts of experts from different areas through the improvement of methodological support based on the principles developed by the judicial expertology
105-114 207
Abstract
This article discusses the types of special knowledge used in the investigation of crimes related to intentional and fictitious bankruptcy. The author proposes a unified classification of objects of research of judicial economic expertise. Requirements to objects of research are systematized. The criteria for classifying objects of the study are invalid. The analysis of judicial practice is carried out.
115-120 410
Abstract
The article deals with the relationship of the theory of digital traces with forensic computer-technical expertise (CTFC) and other types of forensic examinations. Based on the analysis of existing literature on the topic, theoretical studies and monitoring of investigative, judicial and expert practice, the need for their integration is substantiated. The problems of the assignment and production of expert studies of digital traces are argued. We offer ways to solve them.
121-131 234
Abstract
The article discusses the subject, objects, tasks, technical and forensic examination of plastic payment cards. Analyzed specific information that experts should use in the production of this type of forensic examination. Some disadvantages of the forensic science research technique of plastic means of payment are pointed out.
132-142 265
Abstract
Within the school of forensic expertology, in the context of modern challenges of technologization and digitalization, forensic author identification is considered not only in the narrow sense, as a section of forensics, but also in a broad sense - as an interdisciplinary field of knowledge, covering theoretical and practical aspects of establishing authorship of products of human activity and artificial intelligence. The categorical concept of attribution reveals the general and specific in establishing the authorship of speech works, works of art and music, software products and databases, and substantiates the need to streamline terminology and determine the scope of forensic authorship concepts. to different objects, primarily forensic authorship examination of speech works.
143-152 170
Abstract
The article discusses issues related to the implementation of an integrated approach to the training of future experts. The knowledge increment pyramid is presented. The principles of selection of educational material are described. The author spoke about the basic didactic principles underlying the training. As an illustration, a fragment of educational work with phraseological units is presented. In the article differences between the subject areas of forensic linguistics and judicial speech studies are revealed. It is shown that the subject area of forensic linguistics in Russia is determined by the types of lawyers» professional activity, and the objectis juridical discourse. The object of judicial speech studies can be any discourse, and the subject area is determined by a complex of special knowledge that allows identifying the linguistic features that have evidentiary value for legal proceedings, basedon reliable scientific facts and obtained with the use of verified expert methods.

TRIBUNE FOR YOUNG SCIENTIST

153-159 229
Abstract
The article deals with the main forms of use of special knowledge in cases of deliberate bankruptcy of legal entities. attention is Paid to the special role of a specialist in the investigation, including the inspection of objects. It justifies importance of use of special knowledge of the liquidator within the framework of the non-procedural forms of using special economic and financial knowledge on bankruptcy of legal entities In the non-procedural forms of special financial and economic knowledge stands the analysis of conclusions of arbitration managers, to determine compliance with the requirements of the legislation and methodological recommendations.
160-167 191
Abstract
The aim of the work is to determine some conceptual foundations for the forensic examination of materials of religious extremist-terrorist discourse: to define its concept, subject and system of tasks. The author analyzed various approaches to determining the subject of forensic examination of information materials of potentially extremist content and proposed the author»s definition of the subject of forensic examination of materials of religious extremist-terrorist discourse as an independent type of forensic linguistic examination. The paper presents the author-developed system of tasks of forensic examination of materials of religious extremist-terrorist discourse, based on the author»s classification of religiously motivated extremist speech actions.

СТРАНИЦЫ ИСТОРИИ

ПРАВО В ИСТОРИЧЕСКОМ ПРЕЛОМЛЕНИИ ИЗ ЭКСПЕРТНОЙ ПРАКТИКИ ПРОШЛОГО

ЮРИДИЧЕСКОЕ НАСЛЕДИЕ

ИЗ ПЕРИОДИКИ ПРОШЛОГО



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