Production Of Investigative Actions Research Articles

Digital Evidence Obtained via Video Conferencing Systems

Modern realities require the development of normative regulation of the current criminal proceedings. It is necessary to ensure that Russian criminal procedure legislation complies with the requirements dictated by the rapid development of information technology and the digitalization of public relations. The author analyzes the provisions of Art. 189.1 of the Criminal Procedure Code of the Russian Federation as a new digital means of proof and identifies potential contentious issues related to the application of this article of the Code of Criminal Procedure of the Russian Federation in practice. Exploring the experience of using videoconferencing in the legal proceedings of foreign countries, such as the Swiss Confederation, the Republic of Kazakhstan and the Republic of Azerbaijan, the author suggests ways to solve problems associated with the use of videoconferencing in emergency situations, sending an international request for legal assistance, clarification of the procedural status of an official assisting in the performance of investigative actions. The paper presents various opinions of process scientists regarding the effectiveness of the use of videoconferencing systems in the production of investigative actions. The paper focuses on the need to enshrine the format for preserving the results of investigative actions carried out using videoconferencing in order to maintain the uniformity of criminal proceedings in the law or in an interdepartmental by-law.

Особенности предоставления результатов оперативно-розыскной деятельности в виде компьютерных следов органу предварительного расследования по экономическим преступлениям

Over the past decade, there has been a significant increase in crimes committed using high technologies, which requires working out a new theoretical approach to understanding the mechanism of the formation of virtual traces. For the above reasons, computer traces acquire special relevance in the identification, disclosure and investigation of economic crimes, special knowledge about the features of which may entail the destruction, damage or modification of the information available on them. In the period from 2010 to 2020, the number of crimes committed using high technologies increased by more than 35 times, while the number of economic crimes committed decreased (by 162%). In the course of a detailed analysis of statistical data and the reasons that contributed to this, it is possible to establish a relationship between quantitative changes in economic crimes committed and crimes committed with the use of high technologies. The article reveals the emerging trends in the development of economic crime in the conditions of computerization of public relations, examines the role of the results of operational investigative activities in the form of computer traces in the process of proving and the specifics of their provision, taking into account established judicial practice, depending on the characteristics of the regions.
 The authors come to the conclusion that at present a stable position has been formed, according to which the results of operational-search activity in themselves are not evidence, but become such only after they have been given criminal procedural status through the production of investigative actions, and that it is necessary to amend the current a joint Order regulating the procedure for presenting the results of operational-search activities;

EVOLUTION OF INQUIRY AS A FORM OF PRE-TRIAL INVESTIGATION

The article deals with the process of origin and formation of inquiry as one of the forms of pre-trial (preliminary) investigation. Despite the long period of development of this institution, the search for ways to improve it continues, which attracts the attention of scientists and practitioners and indicates the relevance of the study. The purpose of the article is to study the institution of inquiry as a form of pretrial investigation, its normative regulation and, on this basis, to develop recommendations for further improvement. Investigation of crimes is considered as an information-cognitive process of activity of state bodies specially authorized for this purpose – inquiries, and investigations. In the historical aspect, the difference in the powers of these bodies was determined by the degree of complexity of the crime under investigation. It is noted that the first mention of inquiry (search) is associated with the emergence of elements of the search process in Western Europe in the 13th century. Its essence consisted in the production of investigative actions, verbal inquiries, and covert observations. The production of formal procedural actions (interrogations) was not allowed. Several provisions on the inquiry, enshrined in the Charter of Criminal Proceedings of 1864, were developed in the Code of Criminal Procedure of the Ukrainian SSR as of 1922. The bodies of inquiry were divided into three groups, which contributed to the delimitation of their competence. At this time, there is a separation of two types of inquiry: one of them preceded the preliminary investigation, and the second took place in cases where the investigation was not conducted. It is noted that the further regulatory regulation of the institution of inquiry in the Code of Criminal Procedure of Ukraine in 1960 did not answer several questions. The general concept of the body of inquiry is not formulated, and instead of procedural powers, which is quite natural, the bodies of inquiry are obliged to take operational-search measures. The next stage in the development of the institution of inquiry is associated with the adoption of the current Code of Criminal Procedure of Ukraine. Even though the substantive law did not determine which criminal offenses were misdemeanors, Chapter 25 was singled out in the Code of Criminal Procedure, in which the norms on the peculiarities of the conduct of an inquiry were concentrated. They concerned non-essential moments of the investigation: the application of not all preventive measures, the prohibition of undercover investigative actions, and the peculiarities of the end of the inquiry. At present, in the bodies of the National Police of Ukraine, investigation units have been created, which are entrusted with the function of investigating criminal offenses. According to statistics, the workload on investigators was reduced by a third, which allowed investigators to focus on investigating serious and especially serious crimes. Attention is drawn to the expansion of methods for collecting information about misconduct until the moment when information about misconduct is entered into the Unified Register of Pre-trial Investigations and Sources of Evidence in the process of inquiry. The conclusions suggest: to clarify the concept of “authorized persons of other units”, which may be entrusted with the obligation to conduct an inquiry; develop a procedural form of actions that can be carried out at the initial stage of the inquiry to clarify the circumstances of the offense; to continue the study of the issue of the relationship between the expert and the expert. Key words: inquiry, a body of inquiry, investigator, a form of investigation, investigation, evidence, means of forming evidence.

PROCEDURAL PROBLEMS ARISING DURING THE INSPECTION OF THE SCENE AT THE STAGE OF INITIATING A CRIMINAL CASE

The purpose of this article is to study the procedural problems that arise during the inspection of the scene at the stage of initiating a criminal case. The article proposes to consider the procedural problems of this investigative action based on the grounds and conditions for its conduct. Special attention is paid to persons authorized to conduct an inspection of the scene of the incident, as well as situations that arise during its production, but are not regulated by the criminal procedural legislation. Various legal scholars have their own idea of the nature of the problems under study and how to solve them. In this regard, this scientific work provides a commentary on the most interesting scientific views, as well as the author's own proposals. In addition, the current law enforcement practice of resolving procedural problems in the production of an inspection of the scene during the pre-investigation check is considered. The subject of the work is the criminal procedural legislation of the Russian Federation. The research methodology was based on the deductive method, abstraction and comparison. The results of the study can be useful in law enforcement practice, in particular, in the production of investigative actions and supervision over their implementation. In addition, the results of the study can be useful in studying the science of criminal procedure and forensic science. The novelty of the scientific work lies in the fact that a comprehensive study of all the procedural features of the inspection of the scene of the incident at the stage of initiating a criminal case was carried out, as well as the ways to solve them in the light of law enforcement practice were suggested.

Integration as a Trend in the Development of the Institute of Special Knowledge in Criminal Proceedings Involving Minors

The article considers complexing as a significant trend in the genesis of the institution of special knowledge in criminal proceedings involving minors. The phenomenon under study is defined as the combination by one person of two or more procedural functions and/or special knowledge to provide a multilateral assessment of the circumstances important for the criminal case and the individual characteristics of the minor. Four historical stages of the formation of the domestic institution of special knowledge in criminal proceedings involving minors are identified and presented. It is concluded that this institution has gone the way of development from the situational involvement of a few knowledgeable persons through the use of special knowledge by law enforcement officers themselves with the optional involvement of knowledgeable persons to the established practice of producing comprehensive examinations (in which the commission is not a mandatory property) and the active involvement of various knowledgeable persons, in particular, a teacher and a psychologist. Actual situations are considered in which the minority of the participants in the criminal process, along with their individual characteristics (psychophysiological, cultural, religious, linguistic and others), entails the need to combine procedural functions and / or special knowledge. The results of an empirical study conducted by the Author of the article under the guidance of Candidate of Legal Sciences, Docent E. V. Elagina (questionnaire survey of 161 investigators and 116 prosecutors on the involvement of knowledgeable persons in pre-trial proceedings in criminal cases involving minors) are presented; it is shown that in most cases respondents note the leading role of a psychologist in the production of investigative actions with children and adolescents. It is also noted that the functions traditionally implemented by the teacher do not meet the goals of his involvement in the criminal process, and therefore it is necessary to exclude the possibility of such involvement. A general conclusion is made that, when complexing, the first place should be given to special psychological knowledge, since it is psychologists who are competent in assessing a number of phenomena significant for criminal proceedings (for example, emotional and behavioral reactions of minors). The Author proposes a method for optimal integration of procedural functions and / or special knowledge in a criminal process involving minors – the use of special knowledge by a law enforcement officer or the combination of two or more functions by one knowledgeable person. It is shown that the proposed method will reduce the number of persons in contact with a minor and reduce the psychological burden on him.

Об эффективности правовой экспертизы уголовно-процессуального законодательства

The article analyzes the effectiveness of the legal expertise of criminal procedure legislation on the example of the implementation of the norms governing the seizure of electronic media in criminal cases. This issue is considered in its development, from the moment of the emergence of these legal norms, their evolution and operation in practice. Documents reflecting the law-making process, as well as materials of judicial and investigative practice related to the production of investigative actions, during which electronic media are seized, are examined. As a result of the study, conclusions are drawn about the discrepancy between the content of the norm in the representations of the legislator and its actual implementation in legal practice, as well as about the insufficient effectiveness of legal expertise of laws in the field of criminal proceedings.

Использование психологического анализа устной речи и биографического метода в изучении личности

The study of personality is a cross-cutting direction of research in forensic science. One of the most effective methods for studying personality is the analysis of biographical information. Oral speech is of particular importance in the production of investigative actions that have a communicative aspect, such as interrogation, confrontation and presentation for identification on the basis of voice and speech. Signs of speech are individual, which determines their forensic significance. The aim of the work is to consider the possibilities of forensic research of personality through psychological analysis of oral speech and the biographical method. The main research methods were the biographical method of studying personality and the method of analyzing oral speech. The features of a typical speech model of participants in investigative actions belonging to various psychological types were analyzed. In recent decades, a new integrative field of scientific knowledge, the forensic doctrine of speech, has been actively formed in world forensic science at the intersection of psychology and linguistics. This line of research is based on the premise that a person’s oral speech is the richest source of information about a wide variety of features that characterize the speaker. Information about these features is established on the basis of an analysis of vocabulary, syntax, accent, and many other features of oral speech. Participating in the process of trace formation, reflection of events, recorded oral speech becomes a carrier of forensically significant information necessary for the detection and disclosure of crimes. The interrelation of the personality’s biography with the elements of the structure of oral speech is determined. For example, some structural elements of oral speech (content) reflect individual symbols and personally significant information in speech, which is closely related to the psychological data and social status of the individual (education and professional activity). The authors note a tendency in the analysis of speech behavior – the use of a typological approach, which makes it possible to individualize tactics in the production of investigative actions. The characteristics of a typical speech model of ten psychological types of participants in investigative actions are considered. The integration of psychological research methods into forensics also gives rise to a number of problems, such as the choice of the optimal personality typology, the need to develop a unified methodology for the psychological analysis of oral speech and the availability of specialists capable of analyzing speech on the basis of a special technical base.

Determinism of the problems of Using the Expert'S Opinion as Evidence by Mistakes Made in the Preparation, Appointment and Production of Forensic Examinations

The paper analyzes the errors committed by law enforcement officers in the implementation of various types of special knowledge at all stages of criminal proceedings. Shortcomings under consideration are differentiated into shortcomings committed in the production of investigative actions, during which objects were seized, subsequently presented for an expert examination, when forensic examinations are appointed, in the production of forensic examinations, when examining the expert's opinion by officials of the preliminary investigation bodies and the prosecutor's office. At the same time, such errors are periodically repeated and multiply: forensic examinations, the need for the production of which is caused by the specifics of the crime being investigated, the current investigative situation and, being justified by specially developed recommendations, are not scheduled; the questions posed to the experts do not cover all the circumstances the establishment of which is possible only through the involvement of persons knowledgeable in a particular area of special knowledge; the questions themselves are not always directly related to the expert's specialization and the type of examination; the presence of proper qualifications of a person involved as an expert is not verified, etc.Without setting themselves the task of analyzing all or most of these errors, the authors thoroughly consider the most serious errors using specific examples from judicial investigative practice and they come to the conclusion that the effectiveness and efficiency of using the expert's conclusion in proving is possible only under the context of impeccable observance by officials of preliminary investigation bodies, forensic experts and heads of forensic institutions of the provisions of the Criminal Procedure Law, the Federal Law "On State Forensic Expert Activity", departmental regulations and forensic recommendations.

Investigation and Seizure of Electronic Media in the Production of Investigative Actions

[Purpose] This article is devoted to the study of the problem of authorization of the removal of electronic media according to Russian Criminal Procedure Code. [Methodology] The methodological basis of this study is a set of methods of scientific knowledge, among which the main place is taken by the methods of historicism, consistency, analysis and comparative law.  The authors’ position is based on the legislation and opinions of the competent scientific environment on the need to use special knowledge in the investigation and seizure (copying) of electronic information relevant to the criminal case. [Findings] Based on a legal analysis of the rules of criminal procedure authors argue the necessity to use specialists in the field of information and communication technologies in inspections, searches, and seizures. The systematization of rules-exceptions that must be observed by investigators during inspections, searches, and seizures is carried out. The questions of the evidentiary value of the results of electronic withdrawal are raised.

Procedural and tactical bases of obtaining evidence in pre-trial proceedings

Proving the guilt of a person in the commission of a crime occurs through the production of investigative actions, a significant part of which is associated with the speech communication of the investigator with other participants in criminal procedural relations. Obtaining testimony takes place during the interrogation, confrontation, verification of testimony on the spot, presentation for identification. The implementation of the objectives of these investigative actions is possible with strict compliance with regulatory requirements and forensic recommendations during their conduct. The authors draw attention to the importance of establishing psychological contact in the production of verbal and complex investigative actions. The conclusions of the authors are proposals for improving the norms of criminal procedure legislation regulating the procedure for obtaining testimony in the course of individual investigative actions, as well as recommendations for the correct use of tactical and psychological techniques in the process of their conduct.

Целесообразность специальных познаний психолога по уголовным делам несовершеннолетних

The relevance of this study lies in the issues of the rights of minors, which are under the scrutiny of law en-forcement agencies. The tendency is towards specialization in the aspect of knowledge of child psychology by inter-rogators, investigators, juvenile judges work with full dedication. However, the implementation of constitutional principles, the humanization of criminal proceedings in juvenile cases require the introduction of modernized means and tactics of investigation and consideration of cases. The purpose is to substantiate the need to expand the competence of a psychologist, in some cases and a psychiatrist, to determine the individual properties of a minor in order to ensure a competent choice of tactics for the production of investigative and procedural actions with his participation. Objectives: to draw the attention of scientists and practitioners to the individualization of the procedural form in cases of minors in the light of personal characteristics; to consider the specifics of the participation of a psychologist as an assistant in the choice of tactics for the production of investigative actions with the participation of minors; to note the need for the most frequent appointment of a forensic psychological examination to understand the personality characteristics and inclinations of a minor. Methodology. The methodological basis of the research is the method of dialectical scientific knowledge, as well as a systematic approach to the problem under consideration, a formal-logical method, analysis, synthesis. The results of the study are to substantiate the potential of psychological knowledge in order to establish com-petent tactics for the production of investigative actions with the participation of a minor. Conclusion. The issues of juvenile rights are under the scrutiny of law enforcement agencies. The tendency is towards specialization in the aspect of knowledge of child psychology by interrogators, investigators, juvenile judges work with full dedication. However, the implementation of constitutional principles, the humanization of criminal pro-ceedings in juvenile cases require the introduction of modernized tactics of investigation and consideration of cases. In particular, it is advisable both to expand the grounds for the participation of a psychologist in juvenile affairs and to optimize the production of a forensic psychological examination to determine the tactics of criminal proceedings from the standpoint of an individual approach to the personality of a minor.

Проблемы правового регулирования стадии возбуждения уголовного дела

The lack of sufficient legal regulation of criminal procedural activity at the stage of initiating a criminal case causes the constant appeal of theorists and practitioners to the study of this stage. At the same time, the legislator has not yet made the necessary changes to the Code of Criminal Procedure of the Russian Federation. This study analyzes the methods of verifying reports of a crime, in particular, the problems of proper process fixing of received objects and documents when using such methods of collecting evidence as reclamation and presentation. Based on the analysis of theoretical provisions and investigative practice, problems are posed and conclusions are drawn about the need to fix the possibility of seizure in the Criminal Procedure Code of the Russian Federation when checking a crime report. The issues of the legal status of participants in the stage of initiating a criminal case at the stage of receiving and registering reports of a crime, during the production of investigative actions are also studied. Conclusions are drawn about the need to make changes to the Code of Criminal Procedure of the Russian Federation aimed at consolidating the legal status of the applicant, the victim, eyewitnesses and other participants in criminal proceedings.

Особенности производства отдельных следственных действий с участием категорий лиц, в отношении которых применяется особый порядок производства по уголовным делам

The article analyzes the problems associated with the production of investigative actions against special subjects of criminal proceedings. Legal norms, as well as law enforcement acts regulating the studied social relations are considered.

Использование знаний в области психологии при производстве по уголовным делам с участием лиц, употребляющих наркотические средства и психотропные вещества

The purpose of the article is analyze of the study by the investigator (inquirer) of the psychological characteristics of individuals who use narcotic drugs and psychotropic substances, in order to use this information to improve the effectiveness of crime investigation. Given that the investigator often does not possess expertise on the effects of narcotic drugs and psychotropic substances, and the information taken from other sources, in particular, of professional experience related to the participation of drug users in the criminal case in one way or another procedural status (witness, suspect), they need some guidance during the work with this category of persons. The authors highlight the main directions of the investigator's work in criminal cases related to illicit trafficking of narcotic drugs and psychotropic substances. In the course of research of investigative and judicial practice in criminal cases, comparative analysis, a systematic approach, subject-object and dialectical methods are used. The conclusions of the study can be used by the investigator (inquirer) as a recommendation, more actively involve specialists in the field of psychiatry, drug addiction, psychology in the production of investigative actions; carefully analyze the condition of persons involved in the investigation, including minors who use narcotic drugs and are involved in criminal proceedings; prevent and suppress torture and self-harm, as well as the Commission of new crimes by interfering in the process of forming criminal behavior of a drug-dependent person.

Features of investigative actions at the initial stage of the investigation of criminal violations of privacy

The features of the investigative actions carried out at the initial stage of the investigation of criminal privacy violations are considered. It is noted that in the process of selecting investigative actions and determining their sequence, the investigator builds up an investigation algorithm that takes into account the characteristics of the crime and the investigative situation. When choosing the investigative actions at the initial stage of the investigation, it should be borne in mind that they should be orienting and searching. The features of the production of interrogations of the victim and witnesses, a search, seizure and investigative examination of objects and documents are examined. An important source of guidance information is the receipt of information relevant to establishing the circumstances of the crime under investigation from organizations that provide communication services.It is concluded that the high-quality production of investigative actions of the initial stage of the investigation, taking into account the specifics of criminal violations of privacy and the correct assessment of their results, should contribute to the development of versions of the involvement of specific individuals in the commission of the crime. 

Изучение психологических особенностей личности лица, привлекаемого к уголовной ответственности за жестокое обращение с животными (ст. 245 УК РФ)

The article deals with the issues related to the study of psychological characteristics of the personality of an individual held criminally liable for cruelty to animals. The data collected by the investigator (inquirer) on the identity of the suspect (accused) are often formal and do not allow an objective assessment of the nature and characteristics of the personality of the individual held liable. The author pays attention to the place of this information in the system of evidence, as well as the impact of data on the identity of the suspect or accused on the adoption of procedural decisions. The article presents the substantiation of the need to study the identity of the person involved in cruelty to animals, on the example of the choice of tactics of investigative actions, the application of rules on exemption from criminal liability in connection with active repentance (Art. 75 of the criminal code), etc. The need for more active use of psychological knowledge in the production of investigative actions and investigation in General. According to the author, the participation of a specialist psychologist in the investigation of criminal cases is evaluated and considered by scientists and practitioners mainly in connection with the production of investigative actions involving minors. At the same time, his participation significantly contributes to the expansion of opportunities for proving circumstances in a criminal case.

О качестве досудебного производства

We consider the problem of the pre-trial proceedings quality and the impact on it of the shortcomings of the regulation of the procedural order of consideration of crimes reports, the special trial order, as well as the practice of their application. We characterize the dualistic nature of the previously conducted reform of the procedural order of crimes reports and strengthening the rule of law at the stage of criminal cases, which, at first glance, seems to be a solution to the problem of crime detection. We designate the expediency of refusal in the legislative order from the production of investigative actions during pre-investigation inspections and from the procedural terms of such inspections. Referring to the practice of courts of a special order of court decision, we note that the simplification and acceleration of criminal proceedings is permissible, but the existing rules of a special order should not be interpreted as a rejection of impartial and objective research by the court of the evidence available in the case, even if indirectly – on the case materials. It is stated that the shortcomings of the special order regulation and the practice of its application have a negative impact on the quality of both judicial and pre-trial proceedings. In addition, we propose scientifically based measures aimed at correcting the above shortcomings.

Психологическая характеристика профессиональной деятельности следователя

The article analyzes the components of the psychological characteristics of investigative activities through the prism of compliance with the principles of criminal procedure legislation in the implementation of tactics in the production of investigative actions. High requirements to the level of training of employees of preliminary investigation bodies are emphasized, among which the necessity of formation of knowledge about professionally significant components of psychological characteristics of their further professional activity is highlighted. The authors analyze the main directions of professional activity of the investigator (social, search (cognitive), reconstructive, communicative, organizational and certification activities) during the preliminary investigation of criminal cases. It is noted that the high prestige of the investigator's profession has a positive role, encouraging law graduates to choose a profession that society needs. At the same time, if the graduate is guided solely by considerations of prestige, "romantic aura" of the profession, the prospects of promotion, the level of material security, his motivation can hardly be called positive.