Legal Science and Law Enforcement Practice

10-20

Authors: Kirichek E.V.

In the contemporary legal science the problem of organizational and legal mechanism of ensuring the constitutional rights and freedoms of man and citizen is perhaps one of the most complicated. Any sphere of state and society functioning is connected with the issue of rights and freedoms of man and citizen. For the Constitutional Law the category of «organizational and legal mechanism of ensuring the constitutional rights and freedoms of man and citizen» is one of the problems of greatest interest generating a lot of debatable issues. Despite the significant number of works devoted to these issues it is necessary to note the insufficient development of problems in this sphere. The reason lies in the continuing reforms in Russia and instability of the current legislation regulating these issues. These factors determine the topicality and practical importance of the research and the necessity of studying the peculiarities of the considered mechanism for the purpose of improving the efficiency of its functioning and indicate the need for scientific and practical recommendations. Using the system approach the author examines the peculiarities, ways and stages of development of the modernization of the mechanism which contribute to the prevention of its divergence. It is shown that modernization of this mechanism has its prospects in Russia. The author makes some conclusions concerning further development of this mechanism. It is determined that this mechanism has static and dynamic sides along with the substantive and procedural components. An important postulate of justice in the legal state is formulated.

32-42

Authors: Zabavko R.A.

A specific system of legal property relations for natural resources provided by their inter-branch legal control has developed in the RF. The RF Constitution provides all the citizens with equal access to natural resources herewith it not only guarantees safeguards of the citizens’ rights to favorable environment and information about its condition but it also guarantees the right to use natural resources. Rules of Civil and Ecological (land, water, forest) Law establish the order of these rights implementation upon which natural resources are put into economic turnover. As the result almost all natural resources can be in private property whereas in the context of environmental management there is a big difference among legal status of state, organizations, individuals. Recognizing natural resources as a subject of transaction the civil legislation provides their turnover in the treaty regime. Meanwhile the ecological legislation imposes extra restrictions on such transactions connected with compliance with the requirements of public law character that is public interest in the preservation of the favorable environment. As an object of protection Criminal Law of the RF first of all establishes ecological aspect (social relations on rational use of natural resources and the preservation of the favorable environment and biological diversity) whereas the criminal law protection of the ecological aspect is not applicable. The author of the article investigates regime of property right for natural resources, states their involvement in essential social processes. The author determines the necessity of the criminal law protection of property right for natural resources.

49-57

Authors: Aleksandrov A.S.

The concept of the Russian law enforcement system’s reform developed by the Institute of law enforcement problems of the European University (St. Petersburg) and introduced to general public by A. Kudrin is discussed in the article. The author supports the main idea of the concept about turning federal criminal police into the main subject of criminal prosecution in cases of serious crimes, as well as the release of law enforcement bodies from non-core functions. Measures to reform the preliminary investigation process including the proposals of crime detection and investigative activities merger, deformalization of proving, elimination of bringing a criminal case stage, proposed by the authors of the concept are evaluated positively. The correctness of the conclusion about a prosecutor as a head of prosecutive authority in a legal state is confirmed. A prosecutor carries out the procedural leadership of the criminal police empowered by law to detect, solve and investigate crimes. The author of the article estimates and supports the proposal to simplify the management schemes in the Ministry of the Interior of the Russian Federation. Unrealistic proposals for the division of the police into three levels as well as for abolishment of the bodies dealing with economic security and countering corruption are estimated negatively. Provisions of the document are criticized according to the needs to exercise the functions of detecting and solving economic crimes by the police. The comments on organizing the functioning of the educational organizations of the Ministry of the Interior of the Russian Federation are made.

63-69

Authors: Spirin A.V.

At the preliminary investigation stage a restraint can be used in order to prevent and stop any evasion investigation, further criminal activity, obstruction of criminal proceedings as well as to ensure execution of sentence to the accused (the suspect). The most stringent restraint provided by criminal procedure legislation is placement in detention which is used by judicial decision. When choosing this restraint, some problems can arise because of gaps in legislative regulation. It is necessary to pay attention to the fact that the prosecutor is suspended from investigator’s presenting an application about detention to the court. Participating in trial, the prosecutor must substantiate the investigator’s application though he doesn’t take part in its preparation and becomes familiar with the application shortly before trial. Experts and scientists propose different solutions to the problem. The range of solutions is wide. One of the proposals is to grant the prosecutor the authority to agree with the investigator upon the application about detention. Other proposals prove uselessness of the prosecutor’s participation in trial when considering the application about detention. Basing on the analysis of opinions and legal precedents, some proposals focusing on optimizing the procedures for placement in detention as a restraint are formulated. Amendments to article 108 of the Criminal Procedure Code of the RF are proposed. Substantiated by criminal case files they will form a unified position in prosecution during trial, when deciding on a restraint in the form of detention against the accused (the suspect).

76-84

Authors: Pokhlebaev I.V.; GorkinaE.V.

The fight against money laundering is one of the priority directions of the anti-criminal policy worldwide. Having an international character, this phenomenon forms the financial base of crime, including transnational organized one. The author outlines the need to solve the problem of the use of intelligence as evidence in criminal cases. The examples of criminal investigations connected with money laundering or legalization of any other property obtained by crime are given. When investigating these crimes, the matter of primary importance is new sources of evidence often characterized as insufficient and difficult to assess. The author identifies the cardinal problems of the proving process in criminal cases of given type. The ways of getting information important for the investigation are considered. The causes due to which these sources cannot be used in criminal cases as direct procedure evidence are determined. The article describes the significant facilities in identifying money laundering by means of operational-search activities. The authors state that the facilities are not fully implemented. There are some gaps both in operational support of investigation and in criminal cases of operative accounting initiated by agencies of operational-search activities. The authors describe the main gaps in implementing the materials of operational-search activities against persons suspected of money laundering or legalization of any other property obtained by crime. The necessity of giving evidential significance to the information received from undercover sources is proposed. Some amendments to part 9 of Article 166 of the Criminal Procedure Code of the RF are proposed.

91-97

Authors: Muzhenskaya N.E.

The main regulatory legal acts forming the system of legal regulation of the organization and production of forensic examination are reviewed in the article. It is stated that in general production of forensic examination is sufficiently regulated by the current legislation. However, many existing methods of production are fixed in forensic examination guidelines and instructions of departmental and sector levels. Recommendations on objects research; criteria for evaluating objects research; rulesfor collecting samples for comparative studies etc. while producing auto-technical and certain types of biological, gemological, construction and technical, forensic examinations, as well as certain types of examination of materials, substances, goods and food are a subject to departmental regulation. At the same time methods of production of a significant number of forensic examinations, including criminalistics expert examination have not been settled by legislative, departmental or any other legal regulation. Rules of evidence evaluation suggest fixing methods of these studies at the interagency level, by means of issuing joint orders of the departments responsible for their production. Such methods must be scientifically justified and contain the following information: name of the objects of study, tasks to an expert in a particular type of forensic examination (study of a specific object), the procedure for study of a particular object of examination, an indication of methods that can be applied in a particular case, conditions of forensic examination production: order and quantity of samples for comparative examination, information about conclusions (definitive, probable).

111-123

Authors: Kovalev S.A.; Smagorinskiy B.P.

The efficiency of using the typical programs during the crime investigation planning is significantly increased when putting the information contained therein into special computer databases, or using the incremental hypertext technology of access to information. The use of these programs with the appliance of computer technology makes special demands on the content and structure of such software products. The concept and types of crime investigation planning are studied from the position of investigator’s activity programming (algorithmization); some innovative ways of using the computer modeling method for planning the investigation of certain types of crimes are shown. The efficiency of using criminalistic recommendations on crime investigation planning to develop the computer-aided information system of crime investigation and to determine the form of its electronic digital implementation is analyzed. The operating software tools applied for the optimization of crime investigation planning are examined. The author studies the previously developed software products optimizing the investigator’s activity, including the process of crime investigation planning. These products contain only a few models (algorithms) of certain types of crimes investigation and are not multiversion computer-aided information systems which can model the crime investigation process according to the real situations. To eliminate above mentioned defects the author proposes to integrate innovative information technologies into forensic science, particularly computer modeling method, in order to improve the quality of investigator’s analytical activity and develop computer-aided crime investigation methods. These methods include two basic elements: computer-aided information systems of investigation and criminalistic computer models of certain types of crimes investigation.

131-136

Authors: Vinnichenko E.O.

The commissions for minors and their rights protection play the leading role among the bodies providing juvenile deliquency prevention activities in the RF. During the study of the legal regulation of such commissions’ activities some collisions were discovered. The provision «On the commissions for minors and their rights protection» approved by the decree of the Presidium of the Supreme Soviet of the RSFSR of June, 3, 1967, is currently obsolete but still acting. The resolution of the Government of the RF «On the approval of the model provision on the commissions for minors and their rights protection» of November, 16, 2013, N995 was enforced. The temporary act is aimed at elimination of legislative gaps in the legal regulation of commissions’ activities, it is a subject to the obsolete provision which is not invalidated yet. It does not regulate a number of significant issues concerning organization of the commissions’ activities. All these facts create some problems in law enforcement practice. The Federal Law «On the principles of the organization of the commissions for minors and their rights protection activities» could overcome present collisions, but its project has some faults relevant to the above mentioned provisions. It is necessary to revise the mechanism of commissions’ forming, to releasethem from the function to try juvenile delinquency cases and empower law enforcement agencies with it. Basing on the research results some suggestions on the improvement of legislative regulation of the activities of the commissions for minors and their rights protection are stated.

145-151

Authors: Pojman P.

The issues of modernization, expansion and globalization of organized crime are studied taking into account the international experience, political and legal practices prevailing in the Czech Republic. Organized crime is considered as a threat to internal and external security and as a part of both politics and business. The author proves that organized crime is becoming closer to the official political institutions than to the criminality. Three political regimes of political power and organized crime coexistence are described, such as criminal-syndicalistic, mafia-controlled and cleptocracy-based. The foreign crime expansion is studied, its three varieties are proposed and described, notably expansion as the highest stage of crime modernization, forced expansion, expansion of criminals without criminal business expansion. Some reasons of the expansion of the organized crime from the CIS into the CzechRepublic are shown. The drawbacks of migration legislative control which creates an entry barrier for law-abiding citizens, but does not exclude the criminal leaders’ entry, are investigated. The necessity to establish coordinating agencies operating throughout the EUis proved. Some political incidents occurred during the extradition of foreign citizens suspected of crime affiliations are analyzed. The legislative institutions breeding corruption and creating conditions for criminal activity are considered by the example of commercial insurance and immigrants’ entry to the Czech Republic. The political actions leading to significant errors and allowing foreign organized criminal groups to join the Czech criminality are explored. Some conclusions regarding damaging the Czech Republic’s international reputation and disintegration tendencies generated by the criminality are madeKeywords: modernization, expansion, globalization of crime, organized crime, corruption, the Czech Republic, the European Union.