Bulbacheva A.A., Kotyazhov A.V. —
On certain aspects of improving the work of the investigator in a criminal case that has been suspended due to the search for a suspect or an accused person
// Police activity. – 2025. – ¹ 4.
– P. 49 - 66.
DOI: 10.7256/2454-0692.2025.4.75532
URL: https://en.e-notabene.ru/pdmag/article_75532.html
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Abstract: The present article addresses the issue of the necessity to increase the efficiency and effectiveness of the activities of investigators in searching for suspects and accused individuals who have evaded criminal investigation authorities. The subject of this research is the problem of enhancing the effectiveness of the activities of investigators in searching for suspects and accused individuals who have concealed themselves from criminal investigation authorities. The aim of the article is to analyze existing legislation, law enforcement practices, and problematic aspects related to the search for individuals who have absconded from inquiry and investigation authorities, as well as to propose possible solutions to these issues. The relevance of the topic is determined by the increase in the number of absconding individuals and the decrease in the effectiveness of identifying them, which negatively affects the efficiency of criminal proceedings. As a statement of the problem, the authors particularly emphasize that achieving the objectives of criminal proceedings, proving a criminal case, observing procedural timelines, and applying measures of criminal procedural coercion is completely impossible in the absence of a person subject to criminal liability. The basis of the research consists of methods for analyzing statistical data from the Federal State Institution "GAIC of the Ministry of Internal Affairs of Russia," comparative analysis of legislation, as well as logical and forecasting methods. The scientific novelty of the article lies in establishing a correlation between the increase in untraced absconders and unidentified corpses and developing a mechanism for their identification based on mandatory collection and comparison of genomic data (from relatives and from burials by prosecutor's decision), which requires changes in legislation (Federal Law No. 242-FZ, Article 9 Part 3) as well as in developing a methodological approach to planning work on suspended cases to effectively tackle tasks related to searching for absconding individuals and identifying unidentified corpses. In conclusion, a well-founded conclusion is drawn about the necessity to improve the legal framework and practical measures for identifying and establishing the identities of individuals who have evaded investigation. The author of the article proposes measures to expand the powers of prosecutors in the sphere of collecting genomic information and organizing identification activities based on prosecutors' decisions and data from relatives. The results of the work can be used in the activities of law enforcement agencies, legislative initiatives, and scientific research aimed at increasing the efficiency of searching for and identifying individuals who have absconded from investigation.
Bulbacheva A.A., Kotyazhov A.V. —
Problems of criminal law qualification of "public demonstration" of a crime as a circumstance that aggravates criminal responsibility.
// Police activity. – 2025. – ¹ 3.
– P. 17 - 25.
DOI: 10.7256/2454-0692.2025.3.74930
URL: https://en.e-notabene.ru/pdmag/article_74930.html
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Abstract: This work is devoted to doctrinal interpretation of the criminal law innovation "public demonstration, including in mass media or information and telecommunications networks (including the Internet)," introduced into the Criminal Code of the Russian Federation as an aggravating circumstance for a number of crimes against life, health, and personal freedom. The subject of the research is the criminal law qualification of "public demonstration" of a crime. The aim of the work is to identify gaps and contradictions in legislation related to the problem of criminal law qualification of "public demonstration." As a result of the conducted research, it was established that "public demonstration" of a crime can be considered as a circumstance aggravating criminal liability, provided that it causes public resonance and contributes to the spread of criminal behavior. Problems in the interpretation of this concept in judicial practice were revealed, as well as insufficient unification of criteria for assessing the publicity of a demonstration. Criteria for a more accurate definition of this circumstance within the framework of criminal legislation were proposed. Comprehensive research methods were employed, including systematic analysis of criminal legislation, comparative legal analysis of judicial practice, logical and structural methods to identify the specifics of qualification, as well as methods of interpretation of legal norms and scientific analysis of literature on criminal law. In the absence of relevant clarifications from the Supreme Court of the Russian Federation for law enforcement practice, the authors proposed an understanding of the essence and content of the criminal law category "public demonstration" and defined its place within the structure of a crime. Questions concerning the qualification of actions of a third party present at the crime scene, recording this event using technical devices (smartphone, camera, video camera, etc.) and subsequently disseminating this information online were considered; the connection between "public demonstration" and the intentional commission of a crime in a public place in the absence of eyewitnesses—witnesses was also examined. Scientific approaches and the author's interpretation were formulated on all these aspects. The results of the work can be used in the activities of courts, prosecutors, law enforcement agencies, as well as in scientific research on the qualification of crimes and the improvement of criminal legislation.
Bulbacheva A.A. —
On the prospects of using information technologies in forensic activities in the context of the digital transformation of the Russian Interior Ministry system
// Police activity. – 2024. – ¹ 6.
– P. 149 - 164.
DOI: 10.7256/2454-0692.2024.6.72580
URL: https://en.e-notabene.ru/pdmag/article_72580.html
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Abstract: The subject of this study is the theoretical, legal, methodological, organizational foundations and patterns of application of information technologies in the field of forensic science. The object of the study is forensic science related to the use of information technologies. The purpose of the study is to improve and develop theoretical, legal, methodological and organizational proposals for the application of modern information technologies in forensic science. The study uses methods of analysis and synthesis, as well as methods of situational analysis to study the practical application of information technologies in forensic science. The research methodology includes the study of literary sources, analysis of existing automated information retrieval systems, this article describes potential areas of use of artificial intelligence in forensic science. The novelty of the study lies in the systematization and analysis of modern information technologies, as well as in identifying their potential and limitations in the context of forensic science. The study also offers recommendations for the implementation of information technologies in forensic practice and an assessment of their effectiveness. The scientific development of this topic is demonstrated by a number of studies devoted to the application of machine learning, big data processing and neural networks in forensic science. Conclusions: The evolution of new information technologies demonstrates significant potential for increasing the accuracy and efficiency of forensic research; Pattern recognition and big data analysis technologies facilitate faster identification of evidence and establishment of links between them. Automation of processes can reduce the workload of experts and increase productivity. It is necessary to develop legal norms for the safe and responsible use of information technologies in forensic science. The introduction of information technologies requires additional training and advanced training of forensic specialists.
Bulbacheva A.A., Kotyazhov A.V. —
On the need to develop a unified approach to the content of the criminal procedural definition of "close relatives" in the regulation of legal relations in the Russian Federation related to the investigation of domestic crimes
// Police activity. – 2022. – ¹ 4.
– P. 29 - 41.
DOI: 10.7256/2454-0692.2022.4.37672
URL: https://en.e-notabene.ru/pdmag/article_37672.html
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Abstract: The article is devoted to the problem of legal definition of the concepts of close relatives, close persons and family members of a citizen. Inconsistencies between the norms of the Constitution of the Russian Federation and the norms of family legislation in relation to the criminal procedural category "close relatives", which ensures the provision of witness immunity in criminal proceedings. It discusses controversial issues about the circle of close relatives who have the right not to testify as witnesses. The essence of this socio-legal status is revealed, the circle of persons forming it is established, the positive and negative sides of the existing definitions and formulations of "close relatives" are considered.The scientific novelty lies, first of all, in the fact that in the presented article the norms of criminal procedure, civil and family law regulating relations of kinship, matrimony, as well as the procedure and problems of their application in criminal proceedings were considered. Paragraph 4 of Article 5 of the Criminal Procedure Code of the Russian Federation refers to spouses as close relatives, but Article 14 of the Family Code of the Russian Federation does not consider them as such. The analysis of family law allows us to conclude that kinship is possible only by "blood" (the exception is the institution of adoption). For this reason, spouses cannot be close relatives and they are in a marital relationship to each other.
The proposals on amendments and additions to the Criminal Procedure Code of the Russian Federation are formulated, which will improve the domestic criminal procedure legislation within the framework of developing a unified approach to the content of the definition of "close relatives".
Bulbacheva A.A., Kotyazhov A.V. —
Collisions and contradictions of legal regulation in the field of struggle against illicit trafficking of drugs, psychoactive substances, and their precursors: the ways of improvement of anti-narcotics legislation
// Police activity. – 2020. – ¹ 3.
– P. 11 - 21.
DOI: 10.7256/2454-0692.2020.3.33306
URL: https://en.e-notabene.ru/pdmag/article_33306.html
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Abstract: The object of research is the set of legal provisions regulating social relations emerging during the process of struggle against illicit trafficking of drugs, psychoactive substances, and their precursors. The research subject is the set of legal norms in the field of struggle against illicit trafficking of drugs, psychoactive substances and precursors. The research methodology is based on general philosophical methods, the dialectical method of scientific cognition, analysis of documents, comparative-legal analysis, the specific historical approach, the methods of analysis, synthesis, deduction, and induction. The theoretical significance of the research consists in the attempt to analyze the legal basis of the struggle against illicit trafficking of drugs, psychoactive substances and precursors. The purpose of the research is the improvement of the legal basis of the struggle against illicit trafficking of drugs, psychoactive substances and precursors; the elimination of contradictions in regulatory documents. The article represents the opinion about the necessity to exclude the term “intoxicating substances”. The analysis of the legal framework of the struggle against illicit trafficking of drugs, psychoactive substances and they precursors allows the authors to detect the problem issues of non-compliance of legal provisions regulating legal relations in the field of the struggle against illicit trafficking of drugs at the level of federal legislation, which often leads to the contradictory practice of law-enforcement in the field of administrative, intelligence, criminal-legal and other legal relations involving the internal affairs bodies of the Russian Federation.
Bulbacheva A.A. —
Answering the Question about Documenting the Accident Scene
// Legal Studies. – 2017. – ¹ 12.
– P. 82 - 89.
DOI: 10.25136/2409-7136.2017.12.24755
URL: https://en.e-notabene.ru/lr/article_24755.html
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Abstract: In her research Bulbacheva touches upon issues that may arise in the process of documenting the accident scene. She describes general theoretical issues and classifications of ways of documenting the accident scene as well as points out promising ways of documenting the accident scene, in particular, creation of a 3D model of the accident scene (i.e. creation of a 3D model of the accident scene using 3D photography, 3D scanning, or 3D modelling with software applications) in order to document and then provide the best visualisation of the accident scene. Considering that photography is the most popular way of documenting the accident scene, the researcher focuses on photography. The subject of the research is the issues that may arise in the process of documenting the accident scene. In her research Bulbacheva uses both general and special research methods such as dialectical, formal logical and formal legal analysis. Bulbacheva touches upon particular aspects of documenting the accident scene. When using photography as the way to document the accident scene, the researcher offers to dublicate digital images (saving them in RAW or JPG formats). The author of the article also suggests to use removable storage devides to save digital files to. She also analyzes whether it is possible to apply virtual visualisation to document and then provide the best visualisation of the accident scene.