Law Enforcement Experience Research Articles

Confiscation of Property: Russian and Foreign Law Enforcement Experience

The paper examines the prospects for increasing the effectiveness of this measure. The study utilizes the data on the use of confiscation of property as another measure of criminal law in Russia, as well as foreign experience in the use of confiscation of property. The author notes the alarming fact that Article 104.1 of the Criminal Code of the Russian Federation is applied in 60% of cases for crimes related to violation of the rules for handling narcotic drugs, psychotropic and potent substances; given the frequency of application of the measure under study, the absence of a significant desired effect is indicated. It is noted that the confiscation of property actually performs only a «protective» function and neglects the potential preventive component. There are several shortcomings pointed out in the paper. Article 104.1 of the Criminal Code of the Russian Federation specifies a closed list of crimes. The legislation restricts the possibility of confiscating property transferred by a convicted person to another person; it is only possible if the person knew that it was obtained as a result of criminal acts; the burden of proof of the illegality of the acquisition of property is placed on government bodies. The obstacles to the return of confiscation of property to the number of punishments are examined separately. These include the experience of using confiscation as another measure of a criminal legal nature that has developed over the past few years. Some more are the possibility of confiscating property for the benefit of the state in a civil-legal manner; the negative historical experience of using confiscation of property; the absence of clearly reliable and recognized data characterizing the preventive potential of confiscation as a punishment (especially in the context of the possibility of using confiscation of property as a punishment exclusively to the guilty person). Some attention is given to the issue of positive and negative features of the regulation of confiscation of property in sectoral legislation, as well as aspects of shifting the burden of proof of the legality of the acquisition of property.

Установление владельца адреса криптокошелька в практике правоохранительных органов

The author analyzes the law enforcement experience (operational and investigative) in the disclosure and investigation of crimes related to the use of cryptocurrency. The article highlights the difficulties associated with establishing the owner of the crypto wallet address in the practical activities of operatives and investigators. The article describes the operational and investigative experience in establishing the owner of the crypto wallet address by sending a request to the crypto exchange. The article proposes to send a request to the crypto exchange for these purposes within the framework of the relevant operational search event “Making inquiries” and the investigative action “Investigative experiment”. The author suggests that the reader familiarize himself with the standard plan for carrying out the specified operational search event. The same plan has been developed for the production of the investigative action “Investigative experiment”. The author concluded that the formation of evidence at the preliminary investigation takes place through the production of an investigative action “Investigative experiment”, and to present the results of operational investigative activities, operatives conduct the above-mentioned operational investigative event. In conclusion, the author proposes a descriptive part of the protocol of the investigative experiment to facilitate the introduction of new methods and techniques in proving criminal cases.

On Improving the Innovation System in the Ministry of Defense of the Russian Federation: Prospects for the Implementation of the Startup Studio Model

Introduction. The relevance of the research topic in difficult military and political conditions is determined by the need to improve the innovation system in the Ministry of Defense of the Russian Federation. Methods. When writing the article, a wide range of general scientific, private scientific and special research methods were used. Results. The generalization of advanced law-making and law enforcement experience in the implementation by special units for innovative development of the US Department of Defense of the concept of “Entrepreneurial University” (“University 3.0”), allowed us to positively assess the prospects for embedding the Ministry of Defense of the Russian Federation in the innovative model “startup studio”, focused on the development of promising innovative dual-use technologies, currently implemented by the Fund for Infrastructure and educational programs jointly with the Ministry of Education and Science of the Russian Federation. The conclusion is substantiated that the integration of the Ministry of Defense into a proven financial model can enhance the attractiveness of cooperation between all parties to the partnership (investor, university, students, representatives of the defense industry, the state) in terms of the potential opportunity to participate in the defense order, career growth in the research structures of the defense industry and the military department, the use of the research infrastructure of Technopolis, additional investments through the ERA Foundation LLC, This will have a positive impact on improving the innovation development system of the Ministry of Defense and the state’s defense capability. Discussion and Conclusion. Recommendations have been developed to improve the model of innovative activity of small university enterprises – “startup studio”, adapted to the needs of the Ministry of Defense of the Russian Federation, presented in the form of an author’s concept of a regulatory legal act.

Criminalistic Characteristics of Organized Forms of Fraud

The article presents the criminalistic characteristics of organized forms of fraud. The author’s own definition of organized forms of fraud is presented, the elements of criminalistic characteristics are described, the structure of organized groups is given, and the personal characteristics of a participant in such a group are defined. The novelty of the article’s topic consists in viewing the problem through the prism of the author’s analysis of his own law enforcement experience and research publications. It is an attempt to present not just a standard criminalistics description of such crimes, but also to define different relevant organized forms of fraud from the standpoint of the elements of committing them. The goal of the publication is to single out the specifics of the criminalistic characteristics of organized forms of fraud. The author uses the normative legal regulation analysis, the formal legal and the comparative legal method. The theory and law enforcement practice allowed the author to identify key elements of the criminalistic characteristics of the crimes under consideration, to single out ten methods of the organized forms of fraud, to identify five typical groups of persons who commit such crimes, and to describe the diversity structure of organized groups.

Problems of Criminological Determination and Causation in the Scientific Doctrine of Professor Vitaliy Anatolyevich Nomokonov

A famous Russian criminologist, Doctor of Law, Professor, Corresponding Member of the Russian Academy of Natural Sciences, Vice-President of the Russian Criminological Association, author of over 400 research works and textbooks Vitaliy Anatolyevich Nomokonov has celebrated his 75th birthday. He is a well-known figure in both Russian and foreign criminology famous for his works, his conceptual and fundamental scientific views and approaches, unfailing principles and loyalty to universal human values when developing the strategy and tactics of corruption counteraction. Being one of the founders of a highly complex problem area in the field of criminology — the theory of crime determination and causation — he also consistently studies the modern aspects of this theory. The Professor was also one of the first scientists who researched the mechanisms of counteracting organized crime and corruption. He has been studying the regional aspects of these interconnected forms of crime over a long period of time, as well as promoting the ideas of its prevention at the political and public levels. Advocating the proactive development of criminology and its methodological basis along the lines of the transforming society, the Professor has been developing new directions in criminology stressing the anticriminal and anticorruption policy. Positive criminology is a trend in his works, he argues for the humane-personal approach in the theory of the criminal’s personality and proves the importance of understanding the regularities of positive law-abiding behavior and identifying the anti-criminogenic factors underlying it. The number of his students and followers is constantly growing. Over 15 researcher, who wrote their dissertation thesis under V.A. Nomokonov’s supervision, have become the founders of the theory of cybercrime, they promote his ideas regarding anticorruption policy, drug abuse, human trafficking, etc., and have the law enforcement experience that they successfully use in their current work. The Professor’s approaches to understanding organized crime and corruption, as well as the basic and special measures of counteracting these dangerous phenomena, are a safe basis for the corresponding criminological theory, they reflect his forward-thinking and astute attitude. His scientific intuition allows the Professor to be ahead of other research in the sphere of counteracting corruption and provide highly professional predictions on the future regularities of criminal behavior, thus contributing to the development and enriching the theory of criminology and its practical significance.

The Dispute concerning the Child’s Place of Residence in Case of Separation of Parents: History and Modernity

The relevance of researching the issue of the parent’s right to upbringing a child using a comparative historical and legal method can be explained by the fact that criteria still used by courts to resolve disputes about determining the place of residence of a child when parents are separated were developed in the Soviet times. The system of criteria for resolving cases concerning foster care in Soviet law enforcement practice began to be actively formed in 1928 due to participation of child custody and guardianship authorities in such cases. However, the system of such criteria was not fixed in the marital and family codes of the RSFSR. The lack of these criteria in the legislation allowed the courts to resolve disputes concerning child custody without analyzing them and without taking them into account. It was only in the post-Soviet period that an approximate system of such criteria was enshrined in the Family Code of the Russian Federation. In most cases, when resolving a dispute concerning the place of residence of a child (child custody) parents also ask to determine the schedule of communication between a separate parent and a child. In 2018, the law-enforcer made a serious evolutionary leap in determining the schedule of communication between a separate parent and a child. The Supreme Court of the Russian Federation faces a legal dilemma. On the one hand, the Court demonstrates respect for equality of parents’ rights to upbringing a child. On the other hand, it must take into account the child’s interest in the stability of the place of residence. The court resolved the dilemma in favor of the interests of the child. The paper provides proposals for improving family legislation in order to take into account the specified law enforcement experience of the Supreme Court of the Russian Federation.

Does prior military and/or law enforcement experience influence officer retention? A case study of the Charleston Police Department

Abstract Police agencies across the country have relied on applicants with prior military and/or law enforcement experience to fill vacancies within their ranks for many years. Despite the strong push to recruit officers with these types of backgrounds, few scholars have tested whether prior military and/or law enforcement experience affects officer tenure within policing. In this study, we use hiring and employment data from the Charleston (SC) Police Department (CPD) to assess whether these highly sought after characteristics influence officer retention. Our analysis revealed that officers with prior military service were significantly more likely to leave the agency, and tended to do so about 20 months sooner, than officers who did not serve in the military. Prior law enforcement experience was unrelated to officer separation but had a significant impact on the length of time officers remained with the agency. These findings suggest that police agencies must reevaluate current approaches to recruitment and retention. However, more research is needed to determine why certain officers are more likely to resign and how agencies can better address the underlying needs of high-risk officers.

Unexpected discoveries in comparative legal studies of criminal proceedings

Comparative legal studies have always been a significant part of scientific research of the problems of criminal procedure.At present, comparative studiesof criminal procedure have become more demanded because of the need of constant international exchange of legislative and law enforcement experience. In this regard, the requirements for the quality of these studies are becoming higher.Currently, in scientific researches are usually used legislative sources only in the original language.During the comparative analysis not only the provisions of normative legal acts in their general legal meaning are compared, but also specific original terms in accordance with the context.A comprehensive legal and linguistic analysis of legislative provisions used in different national legal systems allows us to identify new meanings in the compared laws, assess the effectiveness of legal regulation of similar public relations in different states, consciously adopt or refuse foreign legislative experience.The author analyzes the published comparative studieson the problems of choosing preventive measures in the criminal process of the Swiss Confederation, the witness immunity ofprofessional secrecy keeper and the reform of theadvocacy in the Federal Republic of Germany. Based on the results of the analysis, the author claims that an accurate translation of specific legislative terms used in these states allows us to more fully reveal the meaning of regulatory legal prescriptions and to avoid attempts to fit the legal concepts familiar to Russian and Russian-speaking lawyers into a foreign regulatory scope.In this context, the problems of the theory and practice of the Russian criminal process concerning detention in pre-trial and judicialcriminal proceedings, witness immunity of alawyer, the role of a lawyer in the administration of justice are considered.

Does prior law enforcement experience affect scores on preemployment psychological testing? An investigation using the MMPI-3.

Most states require that a police candidate's suitability be assessed through preemployment psychological evaluations. Given the psychological stress officers experience in the line of duty, it is possible that experienced candidates would produce scores indicating greater dysfunction on psychological testing relative to inexperienced candidates. No known research has investigated whether police candidates produce different preemployment test scores across experience levels. The present study sought to address this gap in the literature and offer data to guide evaluators' interpretation of test scores for candidates with prior law enforcement (LE) experience. We used a sample of 400 police candidates (18.5% women) evaluated for positions at several LE agencies for whom Minnesota Multiphasic Personality Inventory-3 (MMPI-3) scores were available. Results showed no practically meaningful differences when comparing MMPI-3 scores of candidates with no prior experience, less than 5 years of experience, and 5 or more years of experience. We also compared frequencies at which the three groups elevated MMPI-3 scales at cutoffs specified in Assessing Police and Other Public Safety Personnel Using the MMPI-3: A Practical Guide (Corey & Ben-Porath, 2022) and found minimal differences. Together, these findings indicate that MMPI-3 scores can be interpreted consistently with published guidelines regardless of a candidate's prior LE experience. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

The institution of examination in the Russian criminal process

In this article, the author considers the institution of examination in the criminal process of Russia, compares it with a medical examination and a forensic medical examination. The author, based on law enforcement experience, court decisions and the results of a survey of employees of the investigating authorities, analyzed the practice of using the institution of examination. In addition, the author considered the evidentiary value of the results of the examination and drew attention to the problem of non-application of this investigative action in law enforcement practice.

Распределенные реестры в интернет-торговле как ключевые технологии Индустрии 4.0 и объект правового регулирования

Introduction. The scientific paper traces the modern development of Internet space, which is characterized by the fact that in most spheres of public relations this space becomes indispensable. The technology of data processing and storage based on decentralized distributed registries (blockchain) is highly effective in commercial application. Unfortunately, in the Russian Federation, the technology of decentralized distributed registries is not given enough attention. The purpose of the study is to search for legal solutions for sustainable business development, ensuring its competitiveness, where there is a need for the mandatory use of digital technologies in the activities of legal entities. The authors set a goal to consider the problems of the legal framework governing this technology, as well as the relations that arise from remote purchase and sale transactions carried out by legal entities and individuals on the Internet. Methods. The methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of historicism, systematicity, analysis, and comparative law. Results. Based on the accumulated law enforcement experience and civil doctrine, the authors have proposed recommendations for resolving the most common conflict of laws issues arising from the use of blockchain technology and their regulation at the national and international level. The standards of electronic payments in online commerce at the international level are considered. Conclusions. As a result of the study, the role of digitally fixing the main stages of transactions with many commodities traditionally sold on exchanges, on the blockchain platform is revealed, which ultimately contributes to increasing transparency and security of operations. In this regard, blockchain solutions are of undoubted interest to participants in transactions with classic exchange-traded goods. The authors conclude that blockchain technologies reduce transaction execution costs and risks, contribute to the emergence of new business models and increase the efficiency of transactions.

Продиктовано запросами рынка и опытом правоприменения

The Russian Parliament continues to steadily improve financial legislation, taking into account the requirements of the times, market demands and law enforcement experience. Recently, the list of new legislative acts adopted on this basis was supplemented, in particular, by Federal Law No. 330-FZ of July 14, 2022 and Federal Law No. 561-FZ of December 28, 2022.

Concerns about COVID-19 Vaccine Hesitancy among Law Enforcement Officers: Prevalence and Risk Factor Data from a Nationally Representative Sample in the United States.

Scant research exists on COVID-19 vaccine hesitancy among law enforcement officers, hindering health messaging development for officers and, by extension, the communities they serve. This paper's goal was to address this gap by providing the necessary data to better under hesitancy to guide training and policy interventions for officers. The objective was to conduct the first nationally representative survey of officers on COVID-19 vaccine hesitancy and its correlates. We collected data from February 2021 to March 2022 on officer COVID-19 vaccine hesitancy and examined their responses in terms of sociodemographic factors, health status, and job characteristics. We found that 40% of officers were COVID-19 vaccine hesitant. We found that officers with higher education, older officers, officers with more law enforcement experience, officers who received recent health checkups, and commanders (compared to line officers) were less likely to be COVID-19 vaccine hesitant. Critically, officers working in law enforcement agencies that provided masks for COVID-19 protection were less likely to be COVID-19 vaccine hesitant (compared to agencies not providing masks). Ongoing research is needed to understand how evolving attitudes and barriers toward vaccination change over time for officers and to test messaging to better align officers with health guidelines.

Международный опыт превенции рецидива правоохранительными структурами

Recidivism is a criminal pathology in any country. Its increased public danger consists in formation of professional crime - vanguard of criminality. Within recidivism crime maintains and spreads criminal traditions, develops and reproduces criminal subculture. The impact of criminal recidivism is devastating for vulnerable segments of the population. As a result of its negative impact, criminality is rejuvenated and feminized. The relevance of the presented work lies in the analysis of positive experience of the international community in fighting criminal recidivism. Russian law enforcement and legislation are in dire need of effective anti-recidivism practices. The relevant law enforcement experience in the USA and Israel, as well as European (Azerbaijan, Belarus, Great Britain, Poland) and Asian (China, South Korea, Japan) countries is considered. National mechanisms of resocialization of ex-prisoners, features of probation activities and specifics of post-penitentiary care in foreign countries are described. The forms of international cooperation on counter-recidivism between Russia and foreign countries are reflected. Particular attention is paid to conventional and institutional legal forms.
 Legislative and law enforcement measures are proposed to introduce foreign experience in the field of anti-recidivism prevention into law enforcement activities in Russia.

Using Biological Motion to Investigate Perceptual-Cognitive Expertise in Law Enforcement Use-of-Force Decisions.

Research focused on police officers' decision-making in ambiguous use-of-force situations has yet to investigate the role that a suspect's biological motion plays in unknown-object identification. The current study uses point-light displays to isolate the suspect's motion and remove potentially biasing information (e.g., skin tone, facial expression, clothing). Experienced law enforcement officers and trainees (n = 129) watched point-light display videos of an actor pulling either a weapon or a non-weapon from a concealed location in a threatening or non-threatening manner. After each video ended, participants indicated whether the object-which was not visible-was a weapon or a non-weapon. Results indicated that the speed and intent (e.g., threatening vs. non-threatening) with which the actor drew the object were significant predictors of officers' responses. Officers' law enforcement experience (i.e., years of service) was not a significant predictor of their response. This study has important implications for understanding why police sometimes make critical and costly errors in ambiguous use-of-force situations. We consider implications for police performance and developing improved training procedures.

Парламентское расследование как инструмент противодействия коррупции и злоупотребления власти

Parliamentary control and parliamentary investigation as its component (type) in counteracting corruption and abuse of power are considered. The legal and social nature of the domestic institute of parliamentary investigation is noted, its determination in the Russian law is substantiated. The normative legal basis of the parliamentary investigation, peculiarities of legal regulation of the procedure of its practical implementation are revealed. The subjects of realization of parliamentary investigation are given and the objects to which it is directed are described. It is noted that the institute of parliamentary investigation does not replace other forms of state control or oversight, as well as activities in the administration of justice. It is stated that the grounds for conducting a parliamentary investigation may also be circumstances related to the emergence and negative consequences of natural and man-made emergencies, as well as facts that clearly indicate corruption of officials. The law enforcement experience in the field of parliamentary investigation in Russia and foreign countries are analyzed. It is revealed that in Russia there is no formed effective practice of realization of this procedure, since the adopted federal law under discussion has never been applied for the entire period of its existence. This testifies to the need for qualitative development of the existing regulatory framework, in particular, simplification of the procedure for initiating a parliamentary investigation.

ЗНАЧЕННЯ ТА СПІВВІДНОШЕННЯ ПОНЯТЬ «ПРИЧИНА» ТА «ПРИЧИННИЙ ЗВ’ЯЗОК» У КРИМІНАЛЬНОМУ ТА КРИМІНАЛЬНОПРОЦЕСУАЛЬНОМУ ПРАВІ УКРАЇНИ

The article examines the topical issue of the conceptual apparatus of the terms "cause" and "causal connection" in criminal offenses with a material composition. The authors made an attempt to establish, with the help of their inherent features, their inner essence and legal significance when used in criminal law and process. What is the current state of use of these terms in domestic and foreign legislation, domestic and European judicial practice. For theory and practice, this will make it easier to understand the use of these terms, and will eliminate different interpretations of the decisions made with their use. The analysis of investigative and judicial practice regarding the establishment of a causal connection in criminal offenses with a material composition indicates the existing problem of legislative consolidation of this concept, which has long been an element of the objective side of criminal offenses with consequences defined by law in the domestic theory of criminal law. The issue of the relationship of this concept to the philosophical category and the need to introduce it into the criminal block, criminal and procedural codes is debatable. Domestic legislative practice does not establish the concept of causation, its signs in criminal law and the mandatory establishment of this element of the objective side of a criminal offense with its consequences, and in particular, an aviation event, which in its essence is fleeting and takes place under the influence of various factors. It has been established that international and European judicial practice does not establish this concept in criminal law and the need to prove it in criminal procedural law. The purpose of this study is to carry out an analysis of modern domestic legislation, judicial practice in the investigation of aviation incidents, international legislative and law enforcement experience regarding the procedure for using the philosophical concept of causation in criminal proceedings and the level of proof of the existence of a cause or causal connection in the investigation of criminal offenses. Draw conclusions and propose solutions to existing problems.

Порядок продажи имущества должника в делах о банкротстве физических лиц: особенности реализации имущества, принадлежащего гражданину-должнику на праве общей собственности

Introduction: the paper deals with the problems of the legal regulation of relations arising during the sale under the procedures used in the bankruptcy case of a citizen, of property belonging on the right of common ownership, in which the individual debtor has a certain share. The purpose of the study is to search for solutions aimed at improving the legal regulation of the mechanism for selling the property of a citizen recognized by the arbitration court as bankrupt, which is subject to the regime of common ownership. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization and comparative jurisprudence. Results: based on the accumulated law enforcement experience and civil doctrine, the authors propose recommendations for resolving the most common conflict of laws issues that arise when approving the procedure for selling the property of an individual debtor under the procedures used in the bankruptcy case of the citizen. Conclusions: the authors have concluded that the adoption by the arbitration court of a decision on declaring a citizen bankrupt excludes the possibility of foreclosing on the share of such a debtor in common property in accordance with the procedure provided for in Article 255 of the Civil Code of the Russian Federation. When selling the share of a bankrupt individual in the right of common ownership, the remaining co-owners can use their pre-emptive right by acquiring the disposed share at a price determined by the results of the auction, while the co-owners have an advantage over the awardee. The norms of the current legislation make it possible to establish a fair balance between the interests of the spouse of a citizen undergoing bankruptcy procedures and the creditors of such a citizen.

Artificial Intelligence in the Modern Judicial System

Artificial intelligence (AI) mitigates the congestion of the judicial system, accelerates court proceedings, and reduces the costs of litigation. Therefore, attempts to introduce AI in the domestic justice system necessitate legal norms to regulate the relations arising from the participation of AI as a judicial tool and to adapt existing legislation to new realities and foreign legal experiences. The purpose of the present article is to explore the features of AI legal regulation in Ukraine and the world, highlight the pros and cons of judicial application of AI, analyze foreign legal experience, and outline its implementation issues in Ukraine. This study substantiates the appropriateness of AI in the domestic justice system for certain categories of cases. The use of AI as a tool in modern justice is acceptable in view of the modern informatization of all spheres of society and the state. Moreover, the opinion of the judge on the case should be the embodiment of professionalism of knowledge of objective reality, supported by consciousness and deep theoretical and legal knowledge combined with law enforcement experience.

Using the Trust Management Mechanism as a Way to Prevent Conflicts of Interest in the Public Service: the Experience of Canada, Chile and Albania

The subject of the study is the legislative and law enforcement experience of countries such as Canada, Chile and Albania in the use of different forms of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the civil service. The relevance of this study is confirmed by the fact that, on an equal footing with the United States, these states are among the few using this tool, as is the Russian Federation. However, the domestic legal regulation of this institution is still not perfect enough, therefore, it is important to study the experience of those states where there is such a practice. The scientific novelty of the research is determined by the fact that at present there are practically no works containing an analysis of the institute in question. In the course of the study, the following conclusion was made: What is common to the legislation of all the countries considered is that each of these states strives, by virtue of its capabilities, to free the actions of the trustee as much as possible from the influence of the founder of the trust management on him, that is, to ensure the independence of the former from the latter on the management of the entrusted property. However, as the researchers note, even in the most advanced and strict variants, it is hardly possible to avoid the interaction of stakeholders completely. Nevertheless, at least formally, all regulations concerning this issue establish a rule according to which the trustee should not be affiliated with the principal through any channels. This can be applied quite easily in Russian legislation.