A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
EXPERT OPINION
The detailed improvement of the proof process is related to the theoretical understanding of the complex relationships between the occurrence of information about crimes, the tactics of obtaining them, and the procedural nature of judicial evidence. In recent years, forensic information and its types have increasingly become the subject of research in the field of criminal procedure, criminology and operational investigative activities. Analysis of their content shows that there are General methodological problems in defining the concept and understanding the essence of forensic information, its types as a means of fighting crime. To date, there is no clear understanding of the concepts of “forensic information” or “criminally significant information”, “evidentiary information”, “investigative information”, “operational-search information”, “orientation information” in criminal proceedings, criminalistics and the theory of operational-search activity. The technological features of information processes that are the basis of cognitive activity aimed at solving crimes are not sufficiently covered. The diversity of approaches or their absence in the understanding of these categories negatively affects both research and practical activities to identify, solve and investigate crimes. In this perspective, the specified definition is considered comprehensively.
VECTOR OF LEGAL SCIENCE
The current state of Russian jurisprudence can be assessed as satisfactory, but not good or excellent. It depends on many factors, but most of all on the results of legislative activity, which leaves much to be desired. The root of the evil here is seen in the low quality of law-making, as well as in the blatant instability of the current legislation, whatever its branch we take. The majority of our legislators are random people who, for one reason or another, are among the deputies of the State Duma or members of the Federation Council of the Federal Assembly of the Russian Federation. Legal education, they usually don’t have a legislative technique not know the fate of the country and its citizens are concerned, not always, that in the context of the global economic crisis, pandemic coronavirus COVID-19 and other global disasters is extremely dangerous in its consequences. Social life multiplies the challenges. Today, more than ever before, we need the ability to think, objectively analyze what is happening, cheer for the Motherland, do not forget about honor and conscience, both while studying at the University and in practice. This is what will greatly contribute to strengthening the legal profession, increasing its prestige and significance in the life of society and the state, and will help determine the optimal criteria for the formation of the personality of a highly qualified lawyer — a graduate of the Kutafin Moscow State Law University (MSAL).
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Образовательная среда
Since artificial intelligence technologies are firmly embedded in many areas of modern life, it is time to explore in detail their capabilities in criminology in the study of criminal activity. The article describes the experience of developing digital models of serial crimes committed for sexual reasons using artificial intelligence algorithms. The empirical basis of the study was data on 1068 serial crimes, including murder. Methods of mathematical statistics and a number of artificial intelligence algorithms were used for data processing: gradient boosting, neural networks, logistic regression, etc. As a result, typical signs of crimes and natural connections between them, used for training models, presented by artificial intelligence algorithms, are revealed. The obtained decision support systems allow predicting the distance from the crime scene to the place of residence of the offender (accuracy 88.3—93.5 %), the age of the offender (accuracy 80.3 %, confidence interval ±6 years), the presence of a mental illness (accuracy 81.5 %) and criminal record (accuracy 82 %), as well as some other characteristics. According to the results of the study, it is concluded that the methods of mathematical statistics and artificial intelligence can be used in the investigation of crimes, as well as in criminalistics.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Теоретические и практические аспекты криминалистики
Sustainability of free market economy is stipulated by positive competitive environment which presupposes the relationships among different ventures and entrepreneurs, achieving their individual goals. According to this legislation restricts any illegal interactions, violating Antimonopolistic Law and ceasing the competition. The analyzing of investigating and courts practice of such criminal cases reveals certain complications, concerned with detection and proofing of cartel collusions. Thus, the investigation needs to define, clarify and evaluate all the points and attributes of cartel itself and illegal collusion. The main features are: special subjective structure of participants; coordination and coherence of all participants in common illegal intentions; achieving of common goals for criminal subjects. Herewith, the organizing role considering as the particular attribute of cartel collusions.
The article deals with the peculiarities of tactical techniques for conducting interrogations on extremist crimes committed on the Internet. The Internet space acts as a social environment that is congruent (attractive) for adherents of extremist activities, where their leading characteristic is a focus on atypical, non — normative, asocial behavior. Tactical interrogation techniques create conditions for obtaining evidence about the circumstances of the case: whether there was a call to violence, whether violence is justified, what is the content of the materials presented in the network, what means (posters, leaflets, etc.) were used. When conducting an interrogation, the use of psychological influence techniques makes it easier to obtain criminally significant information. For individuals who commit crimes of extremist orientation, taking into account the typification of personal characteristics (idealistic, adventurers, non-normative), some effective tactics are described (egress to emotions, naked aggression, exchange of positions, intervention of an authoritative third, etc.) with an approximate list of questions. Techniques are designed to achieve mutual understanding between the investigator and the interrogated, in which the latter, regardless of the current situation, cooperates with the investigator and provides information about the circumstances of the case without distortion or concealment.
The article is devoted to the use of special knowledge in the investigation of crimes, the activities of a specialist criminalist, a forensic investigator, and a comparative description of their activities in the investigation of crimes. In the context of criminalization of society, which leads to the emergence of new types of crimes, more sophisticated ways to commit them and conceal them using sophisticated technical means, insufficient attention is obviously paid to the use of special knowledge, including forensic knowledge, carried out in both procedural and non-procedural forms, the tasks of using scientific and technical means and methods for the prevention, detection and investigation of crimes. Proper use of all forms of specialized knowledge will make more effective evidence that will serve to resolve the case in the future. The article is aimed at a forensic study of the features of the use of forensic knowledge in the detection and investigation of crimes. The article is based on the activities of the preliminary investigation bodies aimed at using special knowledge in the course of criminal proceedings, criminalistic patterns of typical situations involving knowledgeable persons in the investigation of crimes. The purpose of the research in the article is the criminalistic activity of a specialist criminalist and a forensic investigator in the detection and investigation of crimes.
The situation is analyzed in the article associated with an increase in the number of infertile couples, with the problems of determining reproductive human rights, with their protection and regulation. It is concluded that assisted reproductive technologies (in vitro fertilization, surrogacy, etc.) are effective methods of treating infertility. In the article the different points of view on human rights of reproduction are analyzed. It justifies the need to protect reproductive health. 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 further development. The role of criminalistics in this process is determined. A review of foreign legislation, regulating the field of assisted reproductive technologies is represented. An attempt is made to determine the list of crimes against human rights of reproduction and to consider them as an object of criminalistic research. The task of criminalistics is the development of effective technical, tactical and methodical recommendations for the detection and investigation crimes against human rights. This study is carried out with the financial support of the Russian Foundation for Fundamental Research in the framework of the research project № 18-29-14084.
The article indicates the advantage of carrying out rail transportation, but it is determined that today there is a certain lag in this area from the needs of the national economy, which is provoked by limited territory, slow modernization of railways, and high deterioration of the locomotive fleet. As a result, this leads to an increase in crime at transport facilities, and one of the effective elements in the formation of the evidence base in such criminal cases is the use of technical and forensic research of documents. So, the work describes the possibilities of a technical and forensic study of documents, as well as those results of the research that are necessary to build a solid evidence base in a criminal case. The stages of the implementation of technical and forensic research documents. The specifics of production, the difficulties in forming conclusions on the study. In addition, it is determined that today there is a need for replenishment of forensic centers with accurate and detailed data regarding the description of various seals and forms of higher education used in the railway sector, which will allow for better research and help in drawing conclusions. It was found that such data will help in establishing the facts of the manufacture of fake documents, will narrow the circle of the search for the criminal.
During detection and investigation of violations, the proper collection of appropriate evidences plays very important role in the detecting of criminal facts. That’s why the obtaining of relevant criminalistic information about the violation of Legislation, such as Cartel Collusions and Ceasing of Competition seems impossible without of using criminalistic technical means, methods and devices. This article reveals the opportunities of using criminalistic technologies which allows to detect and collect criminalistic information about Cartel Collusions. According to the complication of proofing the ceasing of competition facts, it’s very necessary to use certain effective criminalistic facilities in these cases.
In the article, the author argues for the need to distinguish the algorithm of investigation of certain types of crimes as an independent type of forensic algorithm. It is criticized as unreasonably narrow understanding of it in the form of a set of investigative actions, operational search measures and the sequence of their implementation. It is emphasized that the investigation algorithm is a set of goals, tasks, prescriptions and recommendations on the methods of solving them, the composition and sequence of investigative actions. It is pointed out that it is necessary to understand the investigation algorithm in a broad and narrow sense. Based on the analysis of the goals and tasks solved at the initial stage of crime investigation, it is concluded that the algorithms in the form of a sequence of investigative actions are a simplified version of the above algorithms. They contribute to ensuring the investigation process as a whole, are extremely compact, simple, and accessible. However, due to their high generality and lack of algorithms for solving particular problems, their value for investigating a particular type of crime is limited.
The emergence of the Internet and intangible digital objects of value to humans led to the proclamation of the concept of “digital human rights” in civil substantive law. In criminal procedure law this term is not absent. In this case, the investigator collects information about the circumstances to be proved in a criminal case under the conditions of digitalization of all human life processes. The Internet network has combined a large number of data sets of government agencies, commercial organizations, and individuals. The investigator’s access to these data sets and their study would allow optimizing the investigator’s activities by quickly collecting the necessary information for the criminal case and using it as evidence. To this end, the article gives the concept of” digital rights “ of an investigator, suggests an approach to creating such rights in criminal procedure legislation, and defines the problems of organizing the collection of criminally significant information from public and private information systems on the Internet.
The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved.
LEGAL PRACTICE
Documents are an essential element of any information system functioning in society: social, economic, political, technical. Different types of information are materialized in different documents, which at present can be paper-based or electronic. Despite the fact that the modern state and its citizens are more and more “digitalized”, the traditional paper document does not lose its position, being the main form of consolidating both legal relations and human thoughts. Accordingly, it is he who is of utmost importance in proving the factual circumstances of the commission of crimes. A “paper” document can be the object of research of a number of examinations, which are far from being limited to traditional forensic ones, but are widely supplemented by other judicial ones. Each of them makes its own requirements for the documents, both the carriers of the direct object of research, and other materials necessary for the effective solution of the expert problem in order to establish the factual circumstances of the crime under investigation. In this regard, we consider it necessary to consider the tactical and methodological foundations of the examination of the document and the further appointment of examinations, taking into account their modern capabilities.
. The conclusion of the Commission of forensic medical examination plays a key role in revealing the signs of the objective side of iatrogenic crimes. The notion of the defect of medical care in the legislation is absent, and in theory and in practice has not developed a unified approach to establish causality and its nature (direct or indirect). Due to the lack of necessary legal regulation in expert and legal practice, a number of customs have been formed that do not meet the requirements for the formation of a scientifically based private forensic methodology for investigating crimes and the purpose of criminal proceedings. The article describes the most common errors that have a negative impact on the process of investigation and resolution of socalled “medical cases”, due to which there is either an excessive accusatory or clearly exculpatory bias, which prevents the adoption of fair and reasonable procedural decisions. Ways to improve the methods of investigation of iatrogenic crimes, including the organization of forensic medical examinations in this category of cases, are proposed.
The author critically examines the original forensic technique of “copying fragments of signature strokes (handwritten records) moistened with a system of solvents”. The provisions of this method contain the statement that the color of the coloring substance can be reliably determined when the studied document details were performed. The expert determines the categories of color shades visually (by eye). The comparative stage of the expert study is based on comparing the color of the dye used to make the document under study with the color scheme of the dye details of a similar method of execution, acting as comparison samples. As a result of the comparison of the colors of the dyes that were used to perform the studied details, and possibly the sample details, the expert has a personal opinion about the prescription of the studied document details. It is assumed that such a “technique” allows you to reliably establish the prescription of the details of the studied documents. The relevance of theoretical and practical analysis of the provisions of this “methodology” is associated with its active and unjustified use in solving expert problems in arbitration, civil and criminal proceedings.
SCIENTIFIC RESEARCH
The article examines the relationship between the words foundation, purpose, truthfulness, reliability, truth, falsehood, which make up the logical-verbal framework of scientific research. In order to avoid misunderstandings between the author and the addressee, they must obey the convention that the words of the literary language and the highly specialized and logical terms have the same meanings. The author and addressee must also agree on how the chain of reasoning is constructed and understood. The word foundation is the basis, the support of reasoning, the word goal is the image of the result. The adjective reliable can only refer to verified information, proven fact. The words truthful and reliable are not synonyms and cannot be used interchangeably without prejudice to the meaning of the statement. The concept of truth is interpreted as the correspondence of the statement to extralinguistic reality. The article shows the difference between the meanings of the words truth and falsehood in everyday and scientific discourses, these words in everyday language are antonyms, and in the language of logic they include an intermediate link when the truth is not proven.
TRIBUNE FOR YOUNG SCIENTIST
The article focuses on the technical features of Internet operation, causing legal and forensic consequences when investigating cybercrimes. Decentralized nature and the specificity of Internet governance resulting from its technical architecture lead to difficulties in identifying the jurisdiction during cybercrime investigations. In the article, the author also analyses IT crimes’ particular features, which make them difficult to investigate, as well as some contemporary ideas on the possibility of delineating borders on the Net, the consequences of such measures, and the ways to identify jurisdiction when looking into cybercrimes. Apart from that, the article examines the Internet governance system, managing organizations as well as their hierarchy, and accountability. The technical mechanism of Internet operation is analyzed. Some factors threatening the operation are reviewed. Following the research results, the author proposes some methods to enhance international cooperation regarding cybercrime investigations and resolving jurisdictional issues. The need to increase informational and technical knowledge at all levels and to support interdepartmental cooperation is noted.
The purpose of the research is to determine the features of foreign experience in protecting reproductive human rights from crimes. The article analyzes the legislation regulating human reproductive rights, provides various points of view of scientists regarding artificial human reproduction. The scientific novelty of the work consists in the development of various mechanisms to protect the legal status of both surrogate mothers and genetic parents, which helps to reduce crime. As a result, the models of perception of the phenomenon in question are defined, both in Europe and in the Asian region. Various ways to minimize legal conflicts are suggested. In addition, taking into account this kind of reality, we have identified differential approaches to the issue of legal liability for abuse in the field of artificial reproduction to people in the countries of the European and Asian continents. They also identified specific features of the work of Russian clinics as agents of medical and genetic consultations with foreign citizens (In particular, the Netherlands, Thailand, and some USA States).
The article is devoted to the problem of recognizing an information object that has a monetary equivalent in the form of electronic means of payment, cryptocurrency, bonuses on card accounts, uncertified shares and other securities as the subject of theft of other people’s property, committed using information technologies. In the course of the study, there was made an analysis of judicial practice in criminal cases of the theft of electronic means of payment, statistics on the commission of crimes of this type, regulatory legal acts and scientific sources. Particular attention is paid to the issue of the theft of bonuses, the characteristics of this subject of theft and the existing schemes for committing these crimes. Based on the results of the study, a definition was formulated and a characteristic was given to information objects that have a monetary equivalent, in particular, electronic means of payment and bonuses, scientific and legal consolidation of a unified terminology is proposed in order to streamline the practice of investigating theft of someone else’s property, in particular, theft of someone else’s property, committed using information technologies.
Despite the adoption in 2015 of the Code of Administrative Procedure of the Russian Federation, liability for falsification of evidence in administrative cases was established only in 2017. Part 1 of Article 303 of the Criminal Code of the Russian Federation, which provides for liability for falsification of evidence in administrative cases, has existed for more than three years, but the number of detected crimes is small. One of the main reasons is the low level of criminalistic assurance for the investigation of crimes of this category. This article lays the fundamentals for the development of a methods for investigating falsification of evidence in administrative cases. This study is carried out with the financial support of the Russian Foundation for Fundamental Research in the framework of the research project № 18-29-14084.
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LAW IN HISTORICAL REFRACTION. Legal heritage
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