Element Of Characteristics Research Articles

Личность несовершеннолетнего, совершающего убийства, как значимый элемент криминалистической характеристики преступлений

The article is devoted to the study of the personality of a minor murderer. An analysis of personality traits facilitates improvement of methods used by internal aff airs agencies to combat crime and raises the effi ciency of crime investigation. Information about the criminal's personality helps determine a suspect pool, develop a detention strategy, prevent a crime and exclude some persons from the suspect list. The criminal's personality is the key element of the criminalistic characteristics in an analysis of special aspects of murders committed by minors.

Material and electronic-digital traces as an element of the forensic characteristics of frauds committed in the way "Your relative got into trouble"

Material and electronic-digital traces as an element of the forensic characteristics of frauds committed in the way "Your relative got into trouble"

Ideal traces as an element of the forensic characteristics of "Your relative got into trouble" frauds

Ideal traces as an element of the forensic characteristics of "Your relative got into trouble" frauds

High-precision measuring device of volt-ampere characteristics

Formulation of the problem. In this paper, the application of the Hall sensor in measuring technology is considered. The hall sensor is used as a measuring element of the volt-ampere characteristics of electrical circuits based on the principle of measuring the electromagnetic field in the area of the conductive pattern on the board in the range of 0 to 30 volts and 0 and 30 amperes. The application of this measurement method allows measuring with an accuracy of up to one thousandth of the measured value, which allows metrological work to be carried out for verification of various types of equipment. The article will be useful for specialists in the field of electronics, electrical engineering and other related fields who are interested in new methods of measuring and controlling the parameters of electrical circuits. Target. The study and analysis of methods of metrological measurements of volt-ampere characteristics using a Hall sensor, their practical application in various fields of science and technology. The proposal of a promising application of the Hall sensor in metrological measuring technology. Results. Three measuring instruments were compared: a developed device based on a Hall sensor, a household multimeter and a Rigol DM3058E, which was taken as a reference. During the experiment, it was concluded that the developed device has a low error. Practical significance. The results of the work can be useful in the further design of metrological devices. This research was funded by Russian Science Foundation, No. 19-79-109, https://rscf.ru/project/19-79-10109 /.

Structure and Content of Forensic Characteristics of High-Tech Crimes

The paper identifies the main classifying characteristics of the forensic group of high-tech crimes. The problems of developing a forensic characterization of crimes included in this group are considered. The most important structural elements of the forensic characteristics under consideration are described. The determining role of the high-tech method of committing crimes has been established and its features have been analyzed. Debating points related to the object and subject of high-tech criminal encroachment are noted. With regard to the subject of the crime, the author concludes that such is a group, while the accomplices of the crime have personal characteristics that prevent the construction of a single typical portrait. The specificity of the crime situation is considered, because the main cause-and-effect relationships are formed in cyberspace. Important features of the trace pattern, manifested in the formation of electronic digital traces, are noted. It is shown that the means of committing high-tech crimes are special software, hardware and software-hardware, the peculiarity of which is their novelty. The role of counteraction to the investigation of high-tech criminal acts on the part of criminals and persons associated with them is revealed. For the first time in criminological theory, the glocalization factor is noted, and the relevance of this element of criminological characteristics for the study of high-tech crimes is shown. The cause-and-effect and correlation relationships between the elements of the forensic characteristics are analyzed.

Способы приобретения или сбыта имущества, заранее добытого преступным путем, как элемент криминалистической характеристики преступлений, предусмотренных ст. 175 УК РФ

The article explores methods of acquiring or selling property obtained in advance by criminal means, as an element of forensic characteristics and a component of forensic support. The issues of distinguishing between post-criminal use and unlawful disposal of property previously obtained by criminal means, the specifics of acquisition or sale (preparation, commission, concealment), including those of a remote nature, are considered.

Правоприменительная практика по делам о хищениях бюджетных средств как источник информации о личности преступника и иных элементах криминалистической характеристики

The author considers the current features of the study of law enforcement practice in cases of embezzlement of budgetary funds. The analysis of the most effective research tools is presented, namely, the method of interviewing practitioners and the method of expert assessments. As an illustration of the application of these methods, the research process of studying the identity of a criminal as an element of criminalistic characteristics in cases of such a type of embezzlement of budgetary funds as fraud with maternity capital is analyzed. The paper substantiates the need for a criminologist-developer to study the materials of pre-investigation inspections, as well as the priority of identifying and investigating the most socially dangerous, highly organized embezzlement, with a corruption component. Criminology as a science should direct its main efforts to the development of methods of investigation of such crimes.

Rutting Prediction of Asphalt Mixtures Containing Treated and Untreated Recycled Concrete Aggregate

Rutting is a crucial element of the mechanical performance characteristics of asphalt mixtures, which was the primary target of this study. The task involved substituting various portions of virgin coarse aggregate with recycled concrete aggregate materials that had been treated or left untreated at rates ranging from 25 to 100%, with a constant increase of 25%. The treatment process of recycled concrete aggregate involved soaking in acetic acid, followed by a mechanical process for a short time inside a Los Angeles machine without the balls. This research utilized two primary tests: the standard Marshall test to identify the optimal asphalt contents and the volumetric characteristics of asphalt mixtures. The other one was the wheel tracking test, which involved manufacturing 11 slabs with a dimension of 30 x 40 × 5 cm and testing them under repeated wheel loads of 700 N at 55°C to investigate rutting resistance. The results demonstrate that using RCA had a negative impact on rutting resistance, where rut depth increased by 21.64% when using 100% pre-soaked treated RCA.

Возможности использования данных о лице, совершившем преступление, при расследовании торговли людьми

In contemporary society, the fight against human trafficking has become a significant global issue. Human trafficking is considered a highly latent crime, often perpetrated by organized transnational criminal groups (organizations). Consequently, law enforcement agencies face certain challenges in detecting, investigating, and preventing these crimes. Addressing these issues can be facilitated by the competent use of criminalistic characteristics by law enforcement personnel. The aim of this study is to analyze the practice of investigating criminal cases of human trafficking and to examine the element of the criminalistic characteristics of human trafficking, specifically the data on the individual who committed the crime. Methodological Basis: To achieve this goal, the author employed the dialectical method, as well as a range of general scientific and special methods of scientific cognition (analysis, comparison, analogy, systemic method, etc.). Results: Based on the analysis of empirical material (statistics from the Judicial Department of the Supreme Court of the Russian Federation over the past five years, as well as the practice of investigating criminal cases in the Russian Federation under Article 127.1 of the Criminal Code of the Russian Federation), the author attempts to construct a descriptive model of the individual committing human trafficking. Conclusions: In the Russian Federation, the detection, solvability, and prosecution of human trafficking crimes committed by organized criminal groups remain at a relatively low level. It appears that improving the specific methodology for investigating human trafficking, particularly by constructing a criminalistic model of the individual committing the crime as stipulated in Article 127.1 of the Criminal Code of the Russian Federation, may help address this problem.

Methods of involving minors in the illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues

The article examines in detail the methods of involving minors in illegal production, manufacture, acquisition, storage, transportation, forwarding or sale of narcotic drugs, psychotropic substances or their analogues, as an element of the forensic characteristics of the specified criminal offense. The provisions of Article 2 were analyzed 307 of the Criminal Code of Ukraine, which provides for illegal production, manufacture, acquisition, storage, transportation or forwarding for the purpose of sale, as well as illegal sale of narcotic drugs, psychotropic substances or their analogues committed with the involvement of a minor.
 Attention is drawn to the fact that all the variety of ways of involving a minor in illegal activities can be combined into two main groups: related and unrelated to the use of violence or the threat of its use. The most common non-violent methods of committing are revealed, which include: a promise, deception, clarification, offer, persuasion, a personal example of the contortionist, etc. The results of the study of the materials of criminal proceedings show that about 88 % of involvements were committed by offering, persuading, explaining, requesting and persuading to commit a criminal offense.
 The most common non-violent way of involving minors in illegal activities is an offer to commit a criminal offense. However, attention is drawn to the fact that the establishment of only one proposal by an adult to commit a criminal offense is not always sufficient to recognize it as a method of entrapment.
 Separate attention is paid to preparatory actions regarding the involvement of a minor in committing the actions provided for in Art. 307 of the Criminal Code of Ukraine. Such actions are diverse, but the following should be considered the most common: 1) search for children, before committing illegal actions, their selection, manifestation of friendly relations (70% of criminal proceedings); 2) creating a vested interest (ease of earning, raising authority) in a minor in illegal activities with drugs (67%); 3) facilitating the behavior of a minor in which he loses the ability to control his actions (drinking alcoholic beverages, using narcotics, psychotropic substances), which creates psychological and physical dependence (60%); 4) familiarization of minors with the methods of committing, distribution of roles between accomplices, planning to hide traces of a criminal offense (52%).

The person of the victim as an element of the criminal characteristics of criminal offenses committed with the use of information technologies

The article considers the victim's identity as an element of forensic characterization of criminal offenses committed using information technologies. The article provides data on judicial statistics concerning victims and material and moral damage caused from criminal offenses provided for in Section XVI of the Criminal Code of Ukraine during 2021-2022. It is indicated about the procedural features of the status of an injured person provided for in articles 55-57 of the Criminal Procedure Code of Ukraine. The provisions of regulatory acts concerning compensation for damage to victims are analyzed. It is proposed to adopt a separate law that would regulate the grounds, conditions, mechanism and sources of payment of state funds to victims. It is also proposed to create a fund for compensation at the expense of the state for material and moral damage, including for cybercrime (criminal offenses committed using information technologies). Taking into account the specifics of the commission of these criminal offenses, namely, the fact that they are committed remotely and using information technologies (personal computer, laptop, tablet, smartphone, etc.), which in modern conditions are intensively developing, the characteristic features of the victim's personality in these illegal acts are highlighted: 1) Age; 2) use of the operating system and awareness of the person in the use of Information Technologies; 3) location of the victim; 4) nature of the damage caused; 5) social status (status) of the victim. Attention is drawn to the special importance of finding out the age of the victim's identity. It is noted that there is a certain category of these criminal offenses committed against the elderly; another category against minors. It is stated that information about the identity of the victim plays a significant role in the investigation of criminal offenses committed using information technologies. Understanding and analyzing such information, the investigator, Inquirer, and prosecutor can put forward appropriate versions of the investigation, which will contribute to the rapid and effective pre-trial investigation of these illegal acts.

The Identity of the Offender as an Element of the Forensic Characteristics of Crimes Related to Marking Changings of Vehicles

The identity of a criminal, traditionally being one of the most important elements of forensic characteristics, inevitably becomes the object of research. A comprehensive study of the offender’s identity, in our view, contributes a lot to obtaining the information necessary for the proper disclosure, investigation and prevention of various crimes, including those related to changing the markings of vehicles (hereinafter — MO TS). The theoretical and applied essence of the forensic study of the offender’s identity is manifested in the need and possibility of compiling his forensic portrait. In this context, it is relevant to represent a “conditional portrait” of the criminal’s personality based on the criminal acts under study, despite their high latency. The purpose of the study is to establish a forensic portrait of individuals who commit crimes related to changes in the MO TS as a scientific phenomenon and a practical tool for law enforcement agencies. The research methodology is based on the theoretical analysis of the main scientific provisions of leading scientists in terms of the forensic aspect of studying the personality of an offender. The empirical base was the statistical data of the Judicial Department at the Supreme Court of the Russian Federation and the analysis of 147 criminal cases on crimes of the investigated direction. Scientific novelty lies in the formation of the author's conceptual approach to the compilation of extremely specific typical personality traits of criminals who commit crimes related to changes in the MO TS.

Проблемы допроса потерпевших и свидетелей по делам о ятрогенных преступлениях

The investigation of iatrogenic crimes is markedly complex due to the ambiguity of the rules governing medical treatment. The specific nature of victims and medical witnesses necessitates a systematic review of numerous tactical provisions. The personal characteristics of victims and witnesses are examined, the subject of their interrogation is determined, and the documents presented during the interrogation are also considered. The difficulty of assessing the investigative situation prior to and during the interrogation is highlighted. It is suggested that the question of the victim's condition prior to the relevant medical treatment be included in the content of the interrogation of the persons concerned. Existing classifications of witnesses are assessed and necessary clarification is made as regards their division into stable and unstable. The problem of the language style of communication between the investigator and the interrogated persons, first and foremost the witnesses with medical knowledge, is examined. Its essence is that besides an aspect of an establishment and maintenance of the psychological contact with the interrogator, reached by the understandable for the named person terminological content of dialogue, there is an searching-cognitive aspect of the special terminology, which is objectively difficult to avoid due to the character of clear circumstances, mediating the sphere of the medical aid. From the point of view of the predictive function of this study, a way of solving this problem is outlined. In the authors' opinion, it consists in conjunction of functional manifestation of identity of an investigator with the subject-terminological discourse, defined in the most general form of a criminological characteristic of the investigated crime (groups of crimes), each element of which more or less has its own terminological description. When preparing to question witnesses and victims, it is suggested that so-called duplicate questions be formulated which would preserve the specifics of the subject matter of the case as reflected in the interrogation report and at the same time contain the necessary clarifications of the relevant testimony. The views on the types of criminal violations of medical treatment activity are evaluated. The conclusion is made that deontological violations, manifested in the deviation from medical ethics, cannot be considered a criminal violation of medical treatment activities, as they are not included in the mechanism of crime as an element of the criminological characteristics of the crimes under consideration. For the same reason, omissions in the completion of medical records, manifested in obscure, inaccurate entries should not be included in the number of criminal violations of the rules of medical and therapeutic activity. The possibility of building algorithms for the investigation of iatrogenic crimes depending on the type of criminal violation of the rules of medical practice is pointed out. The authors declare no conflicts of interests.

The a criminal’s identity as an element of forensic characteristics of causing negligent serious or moderate bodily harm

The characteristic features of the criminal’s personality as an element of forensic characteristics of causing negligent serious or moderate bodily harm have been defined and revealed. The following criminologically significant features inherent in the person of the criminal have been analyzed, such as demographic data, moral qualities, psychological features; a set of psychophysical properties and qualities, motivational attitudes, emotional and rational spheres of human consciousness; social and legal data, natural and biological information about a person; socio-demographic properties, psychological qualities, biological features; social, biological, psychological and other characteristics.
 An analysis of the suspect’s moral and psychological characteristics, the presence of a certain degree of irritability and excitement, the ability to go to active aggressive, inappropriate actions has been carried out. It has been established that the criminal’s lifestyle, propensity to abuse alcoholic beverages or the use of narcotic drugs are of great importance, which can affect the psychological state of a person and his reactions to events.
 Aggressive reactions of the criminal during careless infliction of severe or moderate bodily harm have been studied, among which the following were highlighted, in particular physical aggression (assault); indirect aggression; irritability; negativism; image; suspiciousness; verbal aggression. Reckless criminals were divided into the following categories: random criminals who committed reckless crimes for the first time, acted unconsciously under the influence of a contributing or even provoking situation or a special psychophysiological state; unstable criminals, who for the first time committed careless crimes in a normal or hindering situation, violated the rules of caution knowingly; malicious careless criminals who were previously convicted of crimes, and also committed particularly malicious violations of the rules of caution with a general negative orientation of the person.
 According to the results of the conducted research, the following characteristic features of criminals who commit bodily harm due to carelessness have been identified, namely they are mainly adult men who commit the crime alone, without prior training, have secondary special and general secondary education, are unmarried, are temporarily employed in a low-paid job or not work, were not in a state of intoxication at the time of committing the crime, mainly had no previous convictions.

Personality of the Subject of Crimes in the field of Electronically Stored Information as a System Forming Element of Forensic Characteristics (Based on Russian and Foreign Sources)

The central element of the forensic characterization of crimes in the field of electronically stored information is the identity of the offender. In its aspect, it is possible to study the features of other elements, to establish their interrelations and interdependencies. Features of the somatic, psychophysiological and cognitive processes of the personality of the offender, the level of his skills in the field of information technology, the social environment and professional activity predetermine the choice of the method, means, the environment for the commission of the crime and the victim, as well as the mechanism of trace formation and localization of traces. At the same time, questions related to the personal characteristics of a modern cybercriminal remain open due to the high volatility associated with the rapid renewal of the technical and technological components of criminal acts. Today’s cybercriminals are often not grim lone hackers, but a well-organized and structured criminal group. The paper studies and analyses domestic and foreign literary sources, investigative and judicial practice aiming at filling this gap.

Methods of misleading the court or other authorized body

The article considers and substantiates the need to establish the method of committing a criminal offense as a central element of forensic characteristics. The works of leading domestic and foreign scientists who have studied the concept of the method of criminal offense, its meaning and relationship with other elements of forensic characterization are analyzed and studied. The concept of the method of committing a criminal offense has been comprehensively studied. It is established that most criminologists include a certain system of actions in the method of committing a criminal offense, which includes actions to prepare, commit and conceal. The need to develop a classification of methods of committing knowingly false methods of misleading the court or other authorized body, which will allow the investigator to establish as yet unknown elements of forensic characteristics, identify investigative situations during the investigation, timely assess the testimony and other evidence.
 The analysis of Article 384 of the Criminal Code of Ukraine was carried out and, depending on the method of action and its content, the following methods of misleading the court or other authorized body were identified:
 
 Providing knowingly false testimony.
 Compilation and / or submission of knowingly false expert opinion.
 Submission of knowingly unreliable or forged evidence.
 Compilation and / or submission of a knowingly false report of the appraiser.
 Compilation and / or submission of knowingly false translation.
 
 The article will consider in detail the methods identified by the author to provide knowingly false testimony, which include actions to prepare, commit and conceal. The ways of making a knowingly false expert opinion depending on the structure of this document are highlighted. The notion of evidence is analyzed and the ways of presenting knowingly unreliable or forged evidence are established. Depending on the procedure of property and property rights valuation, the author identifies ways to prepare, commit and conceal the preparation and submission of a knowingly false appraiser's report. Methods of knowingly incorrect translation are identified.

Music Theory Pedagogy in the Nineteenth Century

Abstract What characterized conservatory music theory pedagogy in nineteenth-century Europe? This article discusses the traditions of music theory pedagogy associated with the conservatories in Paris, Vienna, and Leipzig, specifically focusing on the middle of the nineteenth century (ca. 1830–70). In the first section, the characteristics of the three individual traditions are discussed separately. The second section compares these traditions from three perspectives: theoretical framework, pedagogical approach, and historical legacy. Although the traditions are different on several central points (e.g., ties to Italian partimento pedagogy in Paris, to Ramellian fundamental bass in Vienna, and to Weberian Roman numeral analysis in Leipzig), they also have some fundamental similarities that drew the borders—the defining limits—of conservatory music theory. The author argues that in the nineteenth century the idea of music theory as a primarily written discipline (centered on textbooks and written exercises and largely separated from musical performance) became a central element of these general characteristics of music theory pedagogy that would be taken for granted and accepted as self-evident across institutional traditions.

СПОСІБ ВЧИНЕННЯ ВБИВСТВ З ОСОБЛИВОЮ ЖОРСТОКІСТЮ ЯК ЕЛЕМЕНТ КРИМІНАЛІСТИЧНОЇ... ХАРАКТЕРИСТИКИ ЦИХ ЗЛОЧИНІВ

The article is devoted to the study of the method of committing murders with particular brutality as one of the most important elements of the forensic characteristics of these crimes. On the basis of a systematic analysis of scientific forensic literature, criminal, criminal procedural legislation and the results of investigative and judicial practice, as well as the results of a survey of practical workers (investigators, prosecutors), it was concluded that the method of committing the crime as an element of the forensic characteristics has a significant impact on the qualification, as well as on the methodology of the investigation of the specified criminal offense. The method of committing murders with particular brutality has been considered by us from the point of view of its classic in criminology system of interrelated actions of preparation, direct commission and concealment of traces of the crime. The results of the systematic analysis of criminal proceedings opened on the grounds of the crime provided for in Clause 4, Part 2, Art. 115 of the Criminal Code of Ukraine, convincingly testifies that murders with particular brutality are almost never committed with preliminary preparation for the commission of the crime. As a rule, the criminal immediately implements the criminal intent that has arisen. It has been established that the only preparatory action carried out by a criminal and which can be considered preparation for the commission of a murder committed with particular cruelty is the selection and bringing to the scene of the crime of the instrument of its commission. In isolated cases, there was also a place for the criminal to wait for a favorable moment to start his criminal activity, namely the moment when the criminal and the victim (or victims) were alone. It has been established that murders with particular brutality are most often committed in the following ways: striking with hands and feet, jumping with feet on the victim’s body and head; inflicting barbed-cutting blows with a knife, including a hunting knife that belongs to cold weapons, with another sharp object (screwdriver, etc.); an object of chopping action (axe, shovel, etc.); amputation of body parts with a knife; striking with a blunt object (hammer, metal stick, etc.); strangulation with hands, object (wire, rope, etc.); arson of the victim and others. There have been several cases where various methods of committing murder with particular brutality are consistently used. The correlations between the elements of forensic characteristics are established: the way the crime was committed and the person of the criminal, the place of the crime and the victim.

Sposoby nobilitacji zmarłego w historycznych polskich inskrypcjach nagrobnych na katolickich nekropoliach z Podola – nazwy zawodów i stanowisk

The subject of research in the article is Polish historical inscriptions on tombstones from Catholic cemeteries in Podilia. The names appeared in visual part of the inscription, created a positive characteristic of a deceased person. The professions and titles were indicated, according to the creator (founder) of the epitaph, were ennobling, valued and deserved, as indicated in the inscription. The tombstone inscriptions were dedicated to women and men. The ennobling element of characteristics for women were the husband’s professional achievements (the forms of “odżężowskie”, as an example) and social origin. In the case of men such activities as: military and governmental service, clergy, health care, lawyers, educators, included scientific and artistic professions.

The identity of the offender as an element of forensic characteristics of premeditated murder of a hostage or a kidnapped person

Scientific research and forensic practice on the identity of the offender who committed the premeditated murder of a hostage or a kidnapped person are analyzed. The content of such a criminal person’s typology in the system of forensic characteristics of crimes against human life and health is revealed. A review of modern definitions is made, the essence and concept of the person of the criminal who committed premeditated murder of the hostage or kidnapped person is analyzed, as well as its main features are analyzed and the typology of the person of the criminal who committed premeditated murder of the hostage or kidnapped person is developed.
 Based on research using the method of generalization of practice and statistics, the following definition of the offender who committed the premeditated murder of a hostage or kidnapped person is proposed: the offender is a subject of crime, which in his or her inherent manner of behavior, formed under the influence of socio-political, moral and ethical, biological, economic, psychological and legal norms in combination with other circumstances, with direct intent, committed actions aimed at hostage-taking or kidnapping, which subsequently led to the death of the victims.
 It is concluded that as of now this issue is not fully disclosed. Although the identity of the perpetrator of premeditated murder has been repeatedly investigated in the forensic aspect, usually within the general framework of crimes against life and health of a person, but domestic science does not sufficiently cover the identity of the offender who killed a hostage or kidnapped person, its concept and typology are still insufficiently studied. Based on a comprehensive comparative study, the following typology of the identity of the offender who committed the premeditated murder of a hostage or kidnapped person is proposed: 1) selfish persons; 2) pathologically rigid persons; 3) situational persons. At the same time, their content is revealed.
 It is noted that in practice, knowledge about the identity of the offender who committed the premeditated murder of a hostage or kidnapped person is important and necessary, especially at the stage of prevention and prevention of juvenile delinquency, especially among those who have previously been prosecuted.