Materials Of Criminal Cases Research Articles

Criminal Prohibitions when Using Mobile Applications

The article summarizes interim results of a research performed under the project of the Russian Science Foundation focusing on criminal law risks of using mobile applications. These risks can be of two types: the risk of being held criminally liable and the risk of being victimized by the criminal activities of others. The second type of risk is better defined because it is addressed in the context of preventing crimes committed using information and telecommunications networks or in the field of computer information in general. The first one implies not only situations when a user intentionally causes harm through a mobile application, but also cases where people do things, the public danger and wrongfulness of which is not obvious to them. Such persons usually have no desire to violate criminal law but do so failing to understand the unlawfulness of their actions due to the specific environment and technological features. Therefore, the ultimate goal of this project (at the next step) is to ensure safety of mobile application users, including inadmissibility of their unjustified criminal liability, through the development of recommendations on the rules of behavior when using relevant technologies. The purpose of the work within the framework of the presented scientific article is to determine the state of use of mobile applications (characteristics of mobile Internet culture) and those criminal law regulations that may be consciously or unconsciously violated by users of mobile applications. To achieve this goal two sociological surveys were conducted among users of mobile applications to determine how they use their mobile devices. The provisions of the criminal law and the materials of criminal cases were analyzed in order to understand what crimes can be committed by users of mobile applications who actually did not want and did not understand that they were violating the criminal law.

Ensuring Confidentiality and Privacy in Criminal Proceedings: A Comparative Legal Analysis of the Russian Federation and the Republic of Kazakhstan Experience

The paper examines the limitations of personal rights in criminal proceedings, as well as the risks associated with the lack of compliance with security measures due to the unlawful disclosure of preliminary investigation data. During the research, scientific methods such as analysis, comparison, and expert assessment were used. The study resulted in the identification of significant problems in the current criminal procedure legislation of the Russian Federation and the Republic of Kazakhstan in the area of observing the personal rights of a person and citizen, as well as ensuring the confidentiality of criminal case materials. Among these are lack of differentiation of principles establishing inviolability in various spheres of life; lack of a clear mechanism and tools for ensuring confidentiality in criminal proceedings; the optional nature of Article 161 of the Criminal Procedure Code of the Russian Federation, which determines the inadmissibility of disclosing preliminary investigation materials, etc. In studying these problems, possible ways and means of solving them were developed, such as: introducing a special chapter in the Criminal Procedure Code regulating issues of ensuring confidentiality in criminal proceedings; giving an imperative nature to Article 161 of the Criminal Procedure Code of the Russian Federation; differentiation of the principles of criminal procedure in accordance with various spheres of life.

DETERMINATION OF THE POSSIBILITY OF A LETHAL BULLET INJURY TO THE HEAD DUE TO A PROJECTILE RICOCHET TAKING INTO ACCOUNT THE ANALYSIS OF MORPHOLOGICAL CHARACTERISTICS OF EXPERIMENTALLY FIRED BULLETS

Gunshot wounds always occupy one of the leading places in the structure of violent mortality, however, there is not enough information in the specialised literature that highlights the distinct individual characteristics of projectiles (bullets) that were removed from a biological object and became the instrument of death, and when they ricochet (collide with an obstacle) after a series of experimental shots. Aim: To determine the possibility of causing a fatal bullet injury to the head after the ricochet of a projectile from the road surface, taking into account the analysis of the morphological characteristics of experimentally fired bullets. Material and methods. The archival material of the SSI "Main Bureau of Forensic Medical Examination of the Ministry of Health of Ukraine" ("Expert conclusion") was used. The objects of the study were: bones of the skull of the victim gr. K, gunshot wounds on the head (entrance, exit hole, wound channel), as well as bullets up to 9 mm cartridges of the "Makarov" pistol, namely 1) one bullet removed from the cranial cavity after an autopsy and 2) 6 bullets removed after an experimental series of shots into the road surface. Their characteristics were studied using standard methods generally accepted in forensic medicine and standard methods of variational statistics. Results. During arrest by a law enforcement officer, the man received a fatal gunshot wound to the head with a 9 mm bullet. There was an entrance hole in the occipital bone, a wound channel in the cranial cavity at an angle of approximately 130° to the midline of the body, and a depressed fracture of the frontal bone. A series of experimental shots with 9mm bullets revealed the remains (fragments) of the asphalt coating and their marked deformation, which was not the case with the bullet that caused the fatal wound. Ballistic analysis showed that the angle of movement of the bullet in the cranial cavity was 30°. Conclusion. According to the circumstances contained in the criminal case materials and established during the forensic examination, the bullet wound could not have been caused by the ricochet of the bullet from the asphalt pavement, since no remains (fragments) of the obstacle with which the bullet collided were found, and its deformation does not correspond to the results of the forensic shooting and ballistic examination.

BRIBERY: MODERN PROBLEMS OF PREVENTION

The article analyzes statistics, materials of criminal cases, and sentences, which led to the conclusion that there are currently no effective measures to prevent the commission of corruption crimes. Using the example of bribery, the author suggests using more effectively the means available in the arsenal of a law enforcement officer to counter corruption crimes that begin with a conflict of interest and can develop into criminally punishable acts. Among the proposals is the need to declare a conflict of interest, enshrining in law an intangible personal interest as a sign of a conflict of interest; expanding anti-corruption education.

SIGNIFICANT ELEMENTS OF THE CRIMINALISTIC CHARACTERISTICS OF FRAUD ON THE INTERNET

This article examines such significant elements of the criminalistic characteristics of fraud on the Internet as traces; the place of fraud; the persons who committed the crime; individual technical characteristics of the crime instrument; the focus of the actions performed; difficulties in identifying the location of the completion of the crime; lack of direct contact between the victim and the perpetrator; features of the transfer of the stolen. The author notes computer and traditional traces as typical traces of modern Internet fraud, defines the place (location) of fraudulent actions on the Internet, provides possible locations, characterizes the personality of the criminal, including, based on the analysis of criminal case materials, typical characteristics of the attacker’s personality when he implements fraudulent actions are noted. The author touches upon the issues of increasing the effectiveness of the investigation of the investigated category of criminal acts, and gives recommendations on the rational organization of the investigator’s actions.

Информационные особенности типичных следственных ситуаций, возникающих при расследовании хищений мобильных средств связи

Introduction. Theft of mobile communication devices is a frequently committed crime, the regularity of which is due to the increase in the number of communication devices among citizens, its popularity and ease of use, as well as other factors. Methods. While working on the article, the author used various methods, including general scientific methods of cognition, private scientific methods and an interdisciplinary method of formalization. The data of real legal practice, materials of criminal cases and judicial acts were also used. Results. The current state and transformation of the mechanism of theft of mobile communication devices is analyzed in the article. The main methods of committing theft, the techniques and technologies used in this process are studied and typified. The author considered the most typical investigative situations that arise duringthe investigation of theft of mobile communication devices. The conclusion was drawn that the most common loss of mobile communication devices is committed by theft (including pickpocketing; theft in public places; burglary), robbery, fraud. The system of formation of the most typical investigative situations is based on a combination of analysis of investigative practice and theoretical research. The typical investigative situation in the investigation of mobile phone theft includes various aspects, among which the author emphasizes the totality of all information and data regarding theft; collecting evidence related to the crime; its comprehensive system analysis; the basics of interaction with mobile operators, etc.

Mass hydrogen sulfide poisoning and the role of forensic medical examination in proving

Introduction. Using the example of practical observation, the article describes the features of mass hydrogen sulfide poisoning, as well as the role of the therapeutic and diagnostic process and forensic medical examination in proving it. 
 The aim of the study was to develop effective principles of a comprehensive forensic expert assessment of a case of mass hydrogen sulfide poisoning, as well as to highlight the leading aspects of the role of the therapeutic and diagnostic process in proving the harm to health caused by an environmental crime.
 Material and methods. The material of the study was a case of mass hydrogen sulfide poisoning of residents of the village of Samorodovo of the Orenburg region, which served as the basis for the introduction of an intermunicipal emergency regime on the territory of Orenburg and the Orenburg region. 35 conclusions of the forensic medical examination, 35 medical histories, 1 conclusion of the forensic environmental examination, 1 indictment and 1 sentence were subjected to retrospective analysis.
 Results. Based on the analysis of the considered case of mass poisoning, it can be concluded that to prove a number of environmental crimes, conducting a forensic environmental examination alone is not enough, since objective medical data on the state of health of the victims are also required to establish circumstances significant for the investigation. In other words, the information necessary for the investigation can be obtained only through the most complete clinical and laboratory-instrumental examination of all victims, followed by a forensic medical assessment of the data obtained.
 Limitations. The conducted research was carried out as part of an initiative research work on the analysis of environmental crimes committed on the territory of the Russian Federation in the period from 2016 to 2021. The analyzed documents were provided by the relevant regional divisions of the Investigative Committee of the Russian Federation by prior agreement and included only materials of criminal cases completed by the investigation.
 Conclusion. The results obtained in the framework of this study clearly demonstrate that in situations like the one described, the presence of even minor diagnostic manifestations of poisoning, and most importantly their objective fixation in medical documentation, allow us to obtain the information necessary to establish the objective truth in the case.

ДОПРОС ОПЕРАТИВНОГО СОТРУДНИКА ПО ЗАКОНОДАТЕЛЬСТВУ РОССИИ И ТАДЖИКИСТАНА

The article presents the results of a comparative legal study of the criminal procedure and operational investigative legislation of the Russian Federation and the Republic of Tajikistan in terms of regulating the basis, possibility and rules for conducting interrogation as a witness of an operational officer and other persons carrying out their activities on a confidential basis. The interest in the results of this comparison is due to the fundamentally different approach of the Russian and Tajik legislators to determining the possibility of carrying out the specified investigative action, when the operational investigative law of the Republic of Tajikistan establishes such a possibility, unlike the corresponding law of the Russian Federation. By itself, the possibility of such an interrogation actualizes a number of problems related to both the procedural status of the interrogated person and the order of his interrogation. Equally significant is the fact that interrogation may not be the only investigative and other procedural action in which it is permissible to involve an operational officer and persons cooperating with him. It is substantiated that the permission of the legislator of Tajikistan to interrogate an operative officer necessitates further improvement of special rules for both interrogation and the production of other investigative and procedural actions against these persons, up to giving the entire criminal case or part of it a secrecy regime. The purpose of the study is to formulate and substantiate the importance of the problem of interrogating an operational officer and persons cooperating with him on a confidential basis in order to find optimal ways to solve it, as well as to determine a conscious and responsible approach to classifying criminal case materials when presenting the results of operational investigative activities. The objectives of the study are to conduct a comparative legal analysis of the operational investigative and criminal procedural legislation of the Russian Federation and the Republic of Tajikistan to determine the similarities and differences in the legal regulation of the interrogation of an operational officer; to form an author's position on the admissibility of the interrogation of an operational officer as a witness; to identify promising areas for improving special rules of interrogation, production of other investigative and procedural actions in relation to operational staff, agents, secret employees, and other persons who carry out their activities on a confidential basis. Research methods: dialectical, general scientific methods (logical, systemic, structural, functional, generalization, etc), special methods (comparative legal, formal legal).The results of the conducted research - the author's vision of the problem is formulated, due to the absence of any formal rules of interrogation, production of other investigative and procedural actions against operational staff, agents, secret employees, other persons carrying out their activities on a confidential basis, as well as legally defined grounds for applying (if necessary) the procedure for classifying criminal case materials.

Modeling the Subject of a Corruption Offense in the Quasi-Public and Private Sectors

Objective: The objective of this research is to review in detail the criminal aspects of corruption crimes, analyzing recommendations and proposals to improve the fight against criminal law against corruption crimes.
 
 Theoretical framework: Theoretical materials were based on international scientific publications, reports, scientific papers. And also for a more complete and objective presentation of the problem under study, practical materials of criminal cases were used.
 
 Method: It is a dialectical method of learning the general patterns of manifestation of corruption in its various manifestations. The method of analysis showed that despite the identity of the sanctions of the articles on liability for corruption crimes and crimes against the interests of the service.
 
 Results and conclusion: The concept of the subject of crimes of Criminal offenses against the interests of service in commercial and other organizations is disclosed by article 3 of the Criminal Code, from the interpretation of which it follows that a person in a commercial organization who does not perform managerial functions cannot be the subject of a crime in the private sector.
 
 Originality/value: The value of scientific analysis carried out to determine the subject of a crime of corruption has as its value to analyze the expression of this factor in quasi-public and private sectors, to determine signs and expressive facts, to identify problematic aspects and to identify the aspects that should be improved and graduated, to make modifications in the strategically established tasks and in the legislative base.

Криминологическая характеристика личности насильственного преступника (на примере осужденных лиц в Республике Беларусь)

The article is devoted to the analysis of quantitative and qualitative indicators and structural components of the personality of a violent criminal. The relevance of the topic under consideration is determined by the need to build a coherent policy of countering violent crime, including penitentiary violent crime in conditions of isolation of a person from society. Based on the generalization of data obtained from the materials of criminal cases, as well as the results of the survey of respondents, it became possible to structure a typical portrait of the personality of a criminal who commits violent crimes and hooliganism. In addition, the features of the personality of a violent criminal in dynamics are revealed, taking into account his socio-demographic, criminal-legal, socio-role and moral-psychological properties. The information obtained can be used as the basis for individual preventive measures.

Methodology for the Legislative Application of Evaluative Categories in Criminal Law

Objective: The study of evaluation categories by establishing the limits and degree of the evaluation category and their regulation in the legislation. Theoretical framework: Theoretical materials were based on international scientific publications, reports, scientific papers. And also for a more complete and objective presentation of the problem under study, practical materials of criminal cases were used. Method: constitutes a dialectical method of cognition of general patterns and particular manifestations of the essence of the phenomena of objective reality. The comparative legal method made it possible to qualitatively study foreign criminal legislation in terms of regulation of evaluative categories and formulate a conclusion in relation to domestic practice of regulation and application. The system-structural method of cognition was used in the study of methods for regulating evaluative categories in criminal law and methods for their interpretation, as well as specific sociological and statistical methods. Results and conclusion: The methodology of regulation of evaluation categories in the criminal legislation of Kazakhstan is reduced to fixing the concepts of evaluation categories in the main ways. The first is a norm that explains the basic concepts used in the legislation. The second is the regulation of the concept of a specific evaluation category in the disposition of the Special Part of the Criminal Code of the Republic of Kazakhstan, when this evaluation category is applied once. Originality/value: The phenomenon of evaluative categories in law is explained by the functions of law and the properties of evaluative categories used in law. At the same time, the main function of law is to consolidate a certain model of relations or behavior of individuals. And the more precisely this model is fixed in the rule of law, the more likely it is to be rigorously and uniformly interpreted and applied. Evaluation categories, on the other hand, imply an assessment in each specific case of the circumstances affecting the application of this norm, i.e. such rules may be applied in different ways. These diametrically opposed vectors form the value of the presented research.

SEIZURE AND CONFISCATION AS AN EFFECTIVE MEANS OF COMBATING TRANSNATIONAL ORGANIZED CRIME∗

Transnational organized crime and the fight against it are big challenges for the world. That is why international cooperation plays an important role in the fight against transnational organized crime. Two types of international cooperation should be distinguished: the cooperation between courts and judicial institutions and international police cooperation. In Georgian legislation, they are sharply separated from each other. The Law of Georgia “On International Cooperation in the Field of Criminal Law” regulates international cooperation between courts and judicial cooperation. The mentioned law is one of the important documents from the point of view of international cooperation. It regulates matters related to the revealing of legal aid in criminal cases, extradition, forwarding of criminal case materials or their duly certified copies, execution of judgments, international cooperation related to confiscation of property, and transfer of persons sentenced to imprisonment. The article will directly discuss confiscation as a mechanism of fighting against transnational organized crime based on the Palermo Convention and the law of Georgia, “On International Cooperation in the Field of Criminal Law”. The norms governing confiscation in the Criminal Code will be discussed, as well as the Civil Code of Georgia, the provisions of which provide the opportunity to file a lawsuit for confiscation of property.

Concept of Electronic Evidence in Criminal Legal Procedure

Objective : elucidating the potential of digital transformation for elaborating the optimal means and methods of collecting evidences and introducing scientific organization of labor of the officials implementing criminal procedure. The scientific approach within the concept consists in minimizing the costs of collecting evidentiary information in criminal cases in electronic form and by electronic means, as well as storing the criminal case materials in electronic form. Methods : dialectic method occupies the leading position among the research methods, the issues of electronic documentation being considered in the interaction and interdependence with information-technological development of the society. The set of scientific cognition methods within the research creates prerequisites for objective and comprehensive approach to the problems under study. Results : the authors’ concept of electronic evidence is a system of information-technological and legal views on the criminal-procedural form, which is intended for optimizing the process of collecting, registering and preserving them in the criminal case materials. The concept development is aimed at elaborating new approaches to organizing the work of investigation agencies and courts, taking into account the achievements in the sphere of information technologies, providing new techniques of collecting criminal-relevant, criminal-procedural, criminological significant information when investigating and hearing of a criminal case. The proposed concept is also aimed at improving interaction and in-service communication of the officials of the preliminary investigation bodies with the officials of information-technological systems for the purposes of collecting evidentiary information in electronic form. Scientific novelty : the changes were systemically analyzed, which are taking place in the contemporary information society, through the prism of the emerging problems between the sectoral criminal-procedural evidentiary law and more modern technological means of collecting evidentiary information. The article demonstrates a new approach to creating technological interaction using digital technologies, on the scientific base of organization of proving activity, intended to optimize and rationalize the process of proving in criminal procedure. Practical significance : the research materials can be used to prepare proposals on making changes and additions in the current legislation with a view of implementing the practice of already functioning models of criminal-procedural activity of foreign countries, an inexhaustible potential of information-technologies, software, and artificial intelligence to rationalize proving in criminal cases.

Criminal Cases as a Source of Everyday History of the Parish Clergy in Volyn at the Early 17th Century

The article deals with the problems of everyday life of the parish clergy of Volyn during the Lithuanian-Polish era. It is noted that such a topic is important in the context of the study of the cultural and national movement on the Ukrainian lands at the border of the 16th and 17th centuries. The importance of criminal cases of district courts of the Volyn Voivodeship for the study of everyday problems of all strata of the Ukrainian population of this era, in particular the parish clergy, is emphasized. The author expressed the opinion that criminal cases reflected evidence about everyday life that could not be recorded in other sources available to modern scientists.The purpose of the article is to reveal a number of aspects of the daily life of the Volyn parish clergy using the example of the protest of a priest from the village of Biskupychi, Fr. Hryhoriy Zhukovych, as well as the testimony of the ministerial in this case. The analysis of Kostyantyn Gulevich’s crime – beating the victim, as well as rape and robbery of his wife (in the victim’s interpretation) made it possible to draw the following conclusions: first, the crime had not only a sexual motive and the desire to rob. The criminal also sought to humiliate the social dignity of the victim. This was manifested in her dressing in peasant clothes and a violent peasant-style haircut. Secondly, based on the protest and the ministerial’s testimony, it was possible to discover additional information about the history of Ukrainian clothing. According to the list of selected items, it was concluded that the bishop’s wife had quite expensive clothes and could afford to wear silver and gold jewellery. The forced dressing of the victim in peasant clothes gave additional insights into what the peasants wore at that time. Thirdly, the text of the protest made it possible to reveal the figure of the vernacular using the example of both individual words and idioms. In addition, an archaic term related to the metrology of those times and dating back to the princely era was discovered. Finally, a conclusion was made about the perspective of further research of the materials of criminal cases for the study of a wide range of problems related to Ukrainian everyday life during the Lithuanian-Polish era.

UNR MEMBERS IN THE UPA IN VOLYN

The circumstances of joining to the Ukrainian insurgent army of former participants of the Ukrainian National Democratic Revolution of 1917–1921, soldiers of the Army of the Ukrainian Peopleʼs Republic, who in the interwar period became political emigrants and lived in the Volyn Voivodeship, were analyzed. Some of them did not stop fighting until the middle 1920s , trying to support the anti-Bolshevik movement in the Soviet Ukraine. A new chance to compete for the Ukrainian state appeared during the Second World War. Through the involvement of archival and criminal case materials, memories, periodicals of the time, it was possible to fi nd out their names and partially trace their fate activists of the revolution. The reasons for the small number of such soldiers were explained. It was emphasized that these were mostly elderly people, burdened by old wounds and diseases. It was proved that the UPR community suffered signifi cant repression during the period of the first Sovietization (September 17, 1939 – June 22, 1941), which led to its dispersal. Some of these people saved their lives by leaving for Nazi-controlled territory. It was emphasized 94 Руслана Давидюк that the members of the Ukrainian National Peopleʼs Republic remained loyal to the idea of Ukraine’s independence during the Second World War, two of them, Leonid Stupnytskyi and Ivan Treiko, were awarded the rank of corporal general of the UPA (posthumously). The contribution of UPR political emigrants to the insurgent struggle as founders of intelligence, priests, and initiators of the reorganization of the UPA was clarified. Attention was drawn to a significant percentage of children of former Petlyurians in the ranks of the UPR Army, which is due to parental upbringing during the formation of their personality. It has been proven that the participation of the soldiers of the UPR Army in the UIA, where they shared their experience and military skills, testifies to the continuity and persistence of the struggle of Ukrainians for national independence. Keywords Ukrainian People’s Republic, Ukrainian political emigrants, Ukrainian insurgent army, Volyn, liberation struggle.

The legislative framework of the investigative process in Russia in the 1750–1760s

This is an interdisciplinary study of the history of the Russian law in the 18th c. The legislative framework of the investigative process in his period has been studied from the historical perspective of legislative works, but the reform’s implementation in practice remains a lacuna. First, this concerns the effectiveness of the reforms of the court and investigation during the reign of Catherine the Great — researchers pay great attention to the second half of the reign of the Empress, rightly noting the importance of the Provincial reform. Nevertheless, the early period of her reign remains little explored namely, the first decrees that initiated the reforms. Additionally, the least developed is the study of law enforcement materials in their direct connection with legislation. This article presents previously unpublished archival materials of criminal cases from the judicial and investigative bodies of Moscow in the 1750–1760s. This article aims to reconstruct the main stages of the investigation in accordance with the normative legal acts included in the judicial process and their implementation in practice in property crimes without the use of violence. This has required using the theory of practices for providing efficient way for interpretations and allowing for diachronic analysis. The analysis of the materials helped to identify which normative legal acts were used in practice, how the process gradually changed, and how it was transformed according to the innovations of Catherine the Great’s time.

О новом векторе профессиональной подготовки следователя в условиях цифровой трансформации

The subject of the research was the compliance of the investigator's professional competence with the requirements of modern criminal procedural practice against the background of the annual rapid growth of committed cybercrimes. It is established that the intensification of scientific and technological progress has led to the emergence of new tasks for the investigator, the solution of which requires him to be able to apply modern technical means, IT technologies in the process of proving. Possession of only legal knowledge in the conditions of digitalization of public relations becomes insufficient for investigators, since it does not allow them to fully, comprehensively, objectively, in compliance with a reasonable time, amply ensuring the rights and legitimate interests of participants in criminal proceedings to investigate criminal cases of these crimes. Modern educational programs are not aimed at forming the necessary professional competence of an investigator in the context of digital transformation and require adjustments. In the article, the author actualizes the interrelation between the content of the investigator's professional training and the quality and timeliness of the investigation of criminal cases of cybercrime, proves the need for the investigator to acquire special knowledge in IT, clarifies the current state and determines prospects for the professional training of investigators in the conditions of digitalization, reasons the need for changing educational programs for the training of investigators with an emphasis on the disciplines of the digital block in them. The research uses general scientific methods of cognition: formal logical, comparative legal, synthesis, content analysis of scientific literature, conversation, method of expert assessments. The conclusions of the research are based on the results of studying the opinions of investigators during their questionnaires and interviews with them, analyzing the materials of criminal cases on crimes investigated by investigators, summarizing the data of the Prosecutor General's Office of the Russian Federation, research on this problem by other authors. Modern conditions of social development dictate the need to abandon the traditional idea of what knowledge investigators should possess. It should be enough for them to possess such knowledge, skills, competencies that would allow them to confidently work with digital information regardless of its forms of existence, apply IT in pre-trial proceedings. The change in the vector of professional training of an investigator should be perceived not only by departmental educational organizations of higher education aimed at training investigators, but also by other educational organizations training future lawyers in order to ensure the demand for their graduates in the labor market in the conditions of digital transformation.

VERIFICATION OF THE RELIABILITY OF TESTIMONY DURING INTERROGATION

Abstract: the article discusses the methodological foundations of the forensic examination of the psychological reliability of testimony. Various points of view on the possibility of conducting such examinations are analyzed. Based on the analysis of scientific literature and a few judicial practices, proposals have been formulated on those issues that are currently debatable and controversial. The article gives the concept of examination of the psychological reliability of testimony during interrogation, characterizes the object and subject of the study, identifies the subjects conducting this type of examination, its tasks. Considerable attention is paid to the preparation of expert research: psychological analysis of criminal case materials, initial viewing of the presented video, typical questions are formulated that are solved by expert psychologists when analyzing the video with the testimony of the interrogated person. The author gives an analysis of psychodiagnostic research methods with a list of signs and techniques for exposing lies. Based on an example of the application of an expert study of the reliability of testimony conducted during the investigation of a criminal case against Furgal S.I., the study is evaluated and conclusions are formulated aimed at improving this type of examination.

The Personality of the Violator of Air Traffic and Air Transport Operations’ Safety Rules: An Integrated Portrait

There is currently no research of the personality the violator of air traffic and air transport operations’ rules (Art. 263 of the CC of the RF) that is based on actual empirical data. Such a personality description will improve the effectiveness of investigating this type of crimes and will contribute to their prevention and the prevention of air traffic accidents in general. The authors of the article studied the materials of criminal cases, reports of the Interstate Aviation Committee on the results of investigating air accidents, and specialist literature, conducted a survey of pilots and candidates who want to study this specialty, analyzed biophysiological, social-demographic, social role and moral-psychological characteristics (traits, features, connections between them) typical of the subjects of crimes under consideration. The conducted research allowed the authors to establish that a typical violator of air traffic and air transport operations’ safety rules is a male with necessary training and sufficient professional experience, having a valid certificate of an aviation specialist who passed the examination by a medical-flight expert commission. Based on the social role and moral-psychological qualities, two types of subjects of the analyzed crimes are singled out: first, aviation specialists (mostly pilots) who generally observe the requirements and never violated safety rules earlier but who, due to a number of reasons, often psychological ones (high anxiety level, lower resistance to interfe­rence, unfocused attention, tiredness, etc.) could not cope with an emergency during a flight; second, aviation specialists who intentionally violate air traffic and air transport operations’ safety rules (specifically through neglecting rules, underestimation of danger, excessive self-confidence, excessive risk-taking, etc.) as they believe that publicly dangerous consequences of their actions (inaction) will not happen or could be prevented thanks to their «flying skills», professional experience (negligent guilt is in such cases manifested by carelessness or thoughtlessness, correspondingly).

Личность преступника в структуре оперативно-разыскной характеристики фальшивомонетничества

The article selectively examines the current state of crimes of counterfeiting, analyzes statistical data of the Federal State Institution of the Ministry of Internal Affairs of Russia and the Central Bank. Attention is paid to operational and investigative characteristics and their importance for organization and tactics of detection, prevention and disclosure of counterfeiting by operational means. 
 The contents of personality of the criminal in operative-investigative characteristic of counterfeiting has been determined on the results of scientific opinion research. The authors present and analyze the data of studying the offender personality according to the programmed materials of criminal cases, initiated under article 186 of the Criminal Code of the Russian Federation.