Verenich I.V. —
Formation of stages of the mechanism of corruption crimes: obstruction of investigation
// Legal Studies. – 2021. – ¹ 1.
– P. 48 - 53.
DOI: 10.25136/2409-7136.2021.1.34859
URL: https://en.e-notabene.ru/lr/article_34859.html
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Abstract: The subject of this research is consideration of the questions of formation of the mechanism of corruption crimes and obstruction of investigation thereof. The author examines the elements of the stage-by-stage formation of corruption crimes: initial stage, main stage, and final stage (result of committing an offense). The subject of crime is defined as a special subject with administrative or other powers in accordance with the law. The author reviews various methods of corruption crimes and the attributes of misfeasance; as well as determines the key distinguishing feature of corruption crimes – use of powers or position by an official, etc. The main conclusion consists in the statement that the problems of obstruction of investigation are common to investigation of corruption crimes, which is explained by the fact that the detection of this type of offenses ant subsequent investigation pertains to special subjects. This poses a separate, independent task of overcoming obstruction of investigation and application of different methods of overcoming. Analysis of the practice demonstrates that penal sanctions for such crimes are imposed at the lowest possible sanction of the criminal article, and in some cases – a suspended sentence; there is evidence of not only investigative and judicial errors, but also instances of investigative and judicial arbitrariness. This results in non-application of penalties to the offender, and the worst part – prosecuting the innocent. The examined materials on corruption crimes confirm the fact of obstruction of investigation in virtually every case, which presses the need for the development of forensic doctrine on overcoming obstruction of investigation.
Verenich I.V. —
Theoretical and applied bases for overcoming obstruction of criminal investigations
// Legal Studies. – 2020. – ¹ 6.
– P. 36 - 46.
DOI: 10.25136/2409-7136.2020.6.33390
URL: https://en.e-notabene.ru/lr/article_33390.html
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Abstract: The subject of this research is the theoretical and practical bases for overcoming obstruction of criminal investigations, criminal phenomenon of obstruction of justice, elements of obstruction, as well as measures for discovering criminal obstruction. The work is aimed at determining the characteristic and innate elements of obstruction of justice, research of the stages, determination of types, tactics and means of this counteraction for putting forth criminalistics versions and investigative planning using the means and methods of overcoming obstruction of investigations. The research methodology of the general scientific methods, including sensory-rational scientific methods (observation, description, comparison, experiment and simulation), logical methods (analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction), mathematical methods (measurement, calculation, geometric construction); methods of criminalistics (forensic identification, fingerprinting, odorology, planning of investigative actions, organization of investigation); and special methods of other sciences, which include physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological and psychological methods. The scientific novelty of this research is defined by the aspect of inquiry into criminal phenomenon of obstruction of justice, overcoming the obstruction, formation of criminalistics doctrine on overcoming obstruction of justice, emergence and establishment of criminalistics doctrine for overcoming obstruction of justice, as well as formation and completion of criminalistics doctrine in its final form as a holistic system of theoretical positions and practical recommendations.
Verenich I.V. —
Historical aspect and essence of the doctrine on overcoming obstruction of criminal investigation
// Genesis: Historical research. – 2019. – ¹ 12.
– P. 159 - 165.
DOI: 10.25136/2409-868X.2019.12.31774
URL: https://en.e-notabene.ru/hr/article_31774.html
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Abstract: The subject of this research is some questions in the history of emergence of the elements of obstruction of criminal investigation, as well as establishment of forensic doctrine of overcoming obstruction of criminal investigation. The article studies the theoretical concept on obstruction of criminal investigation and measures for its overcoming, structure of the doctrine, consideration of separate opinions on division of the structure of doctrine into general and special parts, including the information system. The research is aimed at the historical aspect of development of forensic doctrine on overcoming of obstruction of criminal investigation and its integral system and concept, as a set of interrelated ideas of the comprehension of the essence and patterns of organizational grounds of activity at the high stage of development of forensic science. The scientific novelty is defined by the historical aspects of studying the emergence of elements of obstruction of criminal investigation and establishment of forensic doctrine on the matter; need for formulating the integral doctrine on overcoming obstruction of criminal investigation; possibility to provide the original definition of overcoming obstruction of criminal investigation; formation of the structure and objects of forensic doctrine.
Verenich I.V. —
Criminalistic Studies about Overcoming the Counteraction to the Crimes of Investigation
// Legal Studies. – 2019. – ¹ 11.
– P. 40 - 45.
DOI: 10.25136/2409-7136.2019.11.31368
URL: https://en.e-notabene.ru/lr/article_31368.html
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Abstract: The subject of the research is the mechanism of overcoming the counteraction to the crimes of investigation and mechanism of marking formation, patterns of overcoming the counteraction to the crimes of investigation, their technological and criminalistic support, tactical and criminalistic support, methodological and criminalistic support of activities performed by law enforcement agencies and court. This is the first research to create a criminalistic teaching about overcoming the counteraction to the crimes of investigation and to develop an integral concept of such study as a combination of interrelated ideas and concepts. The methodology of the research includes general research methods (observation, description, comparison, experiment and modelling as sense-based research methods, analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction as logical research methods, measurement, calculation and geometrical construction as mathematical methods). The author has also used special criminalistics methods (criminalistic identification, dactyloscopy, odorology, planning of investigative activities and organisation of investigation) as well as special methods from other branches of science such as physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological methods and psychological methods. The scientific novelty of the research is caused by the fact that the author offers a new branch of criminalistics, criminalistic teaching about overcoming the counteraction to the crimes of investigation and development of the integral concept thereof based on rules and patterns of criminal procedure.