Anuchina O.V., Yakubova S.M. —
Investigative prevention in criminal cases of crimes committed in the field of state defense order
// Police and Investigative Activity. – 2024. – № 4.
– P. 67 - 80.
DOI: 10.25136/2409-7810.2024.4.72625
URL: https://en.e-notabene.ru/pm/article_72625.html
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Abstract: The subject of the study is the regularities of the mechanism of committing a crime, organizational, tactical and legal bases for identifying and eliminating circumstances that contribute to the commission of crimes in the field of state defense orders. The object of the study is illegal activity and investigative prevention in the field of state defense orders. The purpose of the study is to determine the optimal approaches to improving preventive work in criminal cases of crimes committed in the field of state defense orders. Methods of description and generalization of typical circumstances contributing to the commission of crimes and other violations were used in the preparation of the material. The logical method was used to present the material. Dialectical and formal legal methods were used in the study of regulatory legal acts and areas of interaction between the bodies of preliminary investigation and other government agencies for preventive purposes. The novelty of the research lies in obtaining new knowledge about the negative circumstances that contribute to the commission and concealment of a crime at various stages of the implementation of a state defense order, taking into account the specifics of legal regulation. Among such circumstances, there are those that contain signs of administrative offenses. In this regard, the authors conclude that it is necessary to involve specialists of antimonopoly, budgetary, financial and other legislation in the investigation of crimes committed in the field of state defense orders. The intensification of work on attracting specialists in procedural and non-procedural forms is the most promising direction for improving operational and service activities in the designated area. The approximate requirements and recommendations for the elimination of circumstances contributing to the commission of crimes in the field of state defense orders are given.
Anuchina O.V. —
Criminal proceedings in the case of death of the suspect or the accused
// Police and Investigative Activity. – 2021. – № 3.
– P. 1 - 11.
DOI: 10.25136/2409-7810.2021.3.36598
URL: https://en.e-notabene.ru/pm/article_36598.html
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Abstract: There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.