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2.5. Типизация криминалистических способов установления обстоятельств совершения

At research of the criminalistic characteristic of malfeasances, they, proceeding from similarity of system elements, specificity of ways illegal (i.e. Criminal) uses of office powers, have been classified on five groups:
1.
Abusing official powers.
2. Excess of official powers.
3. Default of official powers in the deliberate form.
4. Default of official powers in the form of imprudence.
5. Use of official powers for the purpose of reception of direct material benefit.
The given classification characterising laws of fulfilment of malfeasances irrespective of formed investigatory situations, allows to form group criminalistic recommendations about their revealing, disclosing and investigation. And, it is known, that from remedial positions criminalistic features of investigation are based on the general procedure of process of proving [422].
As we specified, the developed criminalistic technique of investigation of crimes of a certain sort only in that case bears considerable potential of efficiency when consolidates three levels of a criminalistic technique: the general, patrimonial and by kinds of crimes. Consideration in the present section of a technique of investigation on separate groups of malfeasances will start with more base, that is patrimonial, the technique of the investigation consolidating given groups, that, accordingly, will be reflected and in recommendations about investigation of separate groups and kinds of considered crimes. It is necessary to notice, that we here do not bring an attention to the question on algorithms of investigation which approach for crimes of a narrow kind with rather similar primary and subsequent investigatory situations more. The technique of investigation of the crimes shown on groups, starts with wider situational understanding of circumstances of crimes and is formed in the form of recommendations which specify to the inspector in the optimal way of investigation of a crime, but not holding down its initiative [423].
R.S.Belkin defined the criminalistic recommendation as the council scientifically proved and approved by practice, concerning a choice and application tehniko-kriminalisticheskih means, criminalistic receptions and techniques of collecting, research, an estimation and use of proofs [424]. In our opinion, the made definition most precisely characterises sense of a criminalistic technique of the investigation freely selected the inspector and necessary on typical situations which we will consider on the named groups of malfeasances [425].
1. Abusing official powers consolidates four crimes carried to two sections UK the Russian Federation:
– Crimes against the government, interests of public service and service in local governments: item 285 – abusing official powers;
– Crimes against public justice: item 299 – attraction obviously innocent to the criminal liability; item 300 – illegal liberation from the criminal liability; item 305 – removal obviously an illegal sentence, the decision or other judicial certificate.
As we specified, the criminal in this case operates formally within the limits of the official powers, however owing to mercenary or other personal interests deliberately takes out illegal decisions, makes other acts contradicting the purposes and problems of authorities, to official powers available for it which harm pravoohranjaemym to interests.
Investigation of the named crimes made by officials, including workers of pre-judicial manufacture (inspectors, investigators, public prosecutors) and judges, demands an establishment of the mechanism of a crime and its central component – a way made with illegal and unreasonable use of official powers [426]. Together with a way consequences of acts in the form of the caused harm, as material breach of the rights and legitimate interests of citizens and organisations, interests of a society or state, including the taken out decisions on attraction innocent to the criminal liability, illegal liberation from the criminal liability, removal of an illegal sentence, the decision or other judicial certificate are accurately established.
For an establishment of a way and consequences of the crime provided by item 285 UK the Russian Federation, as a rule, necessity of an establishment, first of all, start with documentary proofs, including paper and electronic carriers. Thereupon documents (are withdrawn at a search, dredging), specifying in illegality of the decisions taken out by the official, and also the assembly (legal) records quite often testifying in essence about process of criminal action in the conditions of official legal relations. Further or interrogations of victims, representatives of the enterprises, establishments, the organisations or the state bodies, and also other commercial structures are simultaneously spent, examinations are appointed or the conclusions of experts in the questions, demanding special knowledge undertake.
At investigation of the crimes provided by item 299, 300 and 305 UK the Russian Federation with a view of definition of injury by victim and establishments of circumstances of a crime, as a rule, actions of the inspector are carried out under the following scheme of necessary actions:
To receive the legal decisions which have been taken out by officials of tribunals about attraction obviously innocent to criminal liability (item 299), on illegal liberation convicted or the suspect from the criminal liability (item 300), obviously an illegal sentence, the decision or other judicial certificate (item 305) – is established by calling for acceptance or withdrawal remedial by a judgement, the decision of the inspector or the public prosecutor;
To receive by reclamation legal decisions higher judicial or the organs of inquiry, entered the validity, persons testifying to innocence (item 299), about validity of attraction convicted to the criminal liability or criminal prosecution of the suspect (item 300), about cancellation of an illegal sentence, the decision or other judicial certificate (item 305);
To define logic of the criminal (the alogism of its thinking) on ill-intentioned ways źis more true than detection, collecting and check╗ the guilty official of imaginary proofs on criminal case therefore the innocent person has been involved in the criminal liability, it is released illegally from the criminal liability convicted or the suspect, is taken out the illegal certificate. The specified circumstances are established by survey of criminal case, interrogations of the witnesses specified in business, experts and other persons – participants of business, and as a whole by the analysis of all collected data;
To establish possible legal and material consequences in connection with decision-making on attraction obviously innocent to the criminal liability, clearings suspected or convicted from the criminal liability, removal of the illegal certificate – are established by interrogation of the victim, dredging and survey of the documents confirming approach for the victim of adverse legal and material consequences.
The establishment presence of mercenary or other partiality of the official, including workers of bodies of pre-judicial manufacture and the judges who have made abusing by official powers or listed crimes against public justice is obligatory. In this case only item 285 UK specifies the Russian Federation on mercenary or a personal interest at fulfilment of crimes, that quite explains the subjective party of the given crime. In structures of the crimes provided by the item of item 299 and 305 UK the Russian Federation is available other term "guilty knowledge" of removal of illegal decisions subjects of the named crimes. Besides, item 300 UK as specifies the Russian Federation in designedness of act, that quite supposes concept of "guilty knowledge". Therefore "guilty knowledge" of removal of an illegal decision, proceeding from the maintenance of motivation of crimes against public justice can proceed only from mercenary or other personal interests when the last cover quite often exclusively mercenary interests. About possible motives in the form of personal or mercenary interests (including bribes) at fulfilment of crimes against public justice in the works specify A.V.brilliant and N.R.Kosevich [427], A.S.Gorelik and L.V.Lobanov [428], A.V.Galahova and M.A.Kaufman [429], K.R.Idrisov [430]. It is established mercenary or personal interests by interrogations of participants of criminal trial, heads of establishment or the organisation where the given official works, and also by carrying out of investigatory actions by results of operatively-search activity.
The establishment of motivation of a crime, personal or mercenary interest assumes search of the corresponding proofs specifying, in whose interests abusing powers, including workers of justice and communication of the given interests with the person who has made action (inactivity), having crime signs is made. It is established by interrogations of participants of criminal trial, heads of establishment or the organisation where the given official works, by carrying out of investigatory actions by results of operatively-search activity.
Manufacture against judges, inspectors and public prosecutors differs not only complexity of reception of proofs, but also procedure of removal from them of official immunity (item 447-448 UPK the Russian Federation). It lifts value of preliminary operative and remedial check of the materials directed on effective designing of an initial investigatory situation [431].
2. Excess of official powers is the group consolidating the greatest number of malfeasances by criterion of an absolute interdiction of fulfilment of those actions which are behind frameworks of the official rights and the duties characterising powers of the official. Motives in this case do not play criminally-legal value, but for appropriate revealing and investigation of investigated crimes it is necessary to start with direct mercenary interests or personal, but oposredovanno deduced on material [432].
On sections of the Criminal code of the Russian Federation the given crimes are systematised as follows:
– Against constitutional laws: item 141 ch. 3 – hindrance to realisation of suffrages or work of electoral commissions; item 149 – hindrance to carrying out of meeting, meeting, demonstration, procession, picketing or participation in them; item 215.1 – the termination or restriction of giving of electric energy or switching-off from other sources of life-support;
– Against the government, interests of the state and municipal service: item 285.1. – a no-purpose expenditure of budgetary funds; item 285.2. – a no-purpose expenditure of means of the state off-budget funds; item 285.3. – entering into uniform state registers of obviously doubtful data; item 286 - excess of official powers; item 292 – office forgery; item 292.1 ch. 1 – deliberate illegal delivery of the passport of the citizen of the Russian Federation, and entering of false data into the documents, the entailed illegal acquisition of citizenship of the Russian Federation is equal;
– In economic activities sphere: item 169 – hindrance of lawful enterprise or other activity; item 170 – registration of illegal transactions with the earth; item 188 ch. 3 – the contraband made by the person with use of the official position;
– Against justice: item 301 - illegal detention, taking into custody or holding in custody; item 302 – enforcement to testify; item 303 – falsification of proofs.
In a sense the crimes consolidating excess of official powers, despite their variety, have more accurate schemes of methodical recommendations about an establishment and proving of circumstances of their fulfilment. These schemes in many respects exclude dependent from pravoprimenitelja otsenochno-legal positions that speaks accurate dividing criterion źit is possible – it is impossible╗ without any criminally-legal motivation, but only proceeding from intention of performance of the objective party of a crime.
The beginning of an establishment of the mechanism of a crime in the form of preparation, a way and postcriminal behaviour often starts with the results of criminal action having character of essential harm, put pravoohranjaemym to interests of citizens, the organisations, societies or the states. Finding-out of criminalistic parametres of the caused harm during preliminary investigation develops of components:
– Estimated opinion of the victims stated in statements for a crime, their interrogations or representatives together with the objective positions, estimated by the inspector concerning the size and character of a damage;
– The documentary data testifying to caused harm, the received from suffered or higher organisations, and also given documents from citizens;
– The conclusions of examinations or experts;
– The individual and comparative analysis of harmful consequences proceeding from the material and legal approach at their reasonable interpretation.
Accordingly, the established harm is projected on the person of the criminal and dynamics of the mechanism of a crime, including preparatory measures, a way (ways) together with the subsequent concealment of traces if they are connected with way of a crime. The qualitative establishment of excess of power first of all depends on investigatory actions on an establishment of its mechanism and consequences of a crime entering into it. In these purposes interrogation of victims or representatives of the organisations which have suffered from criminal act, an establishment and interrogation of the basic witnesses to which indirectly the damage (relatives of the victim also can be caused, its colleagues etc. are carried out.) . With victims and the basic witnesses check of indications on a place and investigatory experiments can be spent. Withdrawal by inquiries [433], dredging and searches of the documents concerning the investigated crime where orders about appointments to posts of suspected persons necessarily enter, official regulations and instructions, legislative and other instructions on circumstances of perfect act is spent. Certainly, for an establishment of the circumstances demanding special knowledge examinations are carried out and (or) the conclusions of experts are represented.
Further gathering of proofs and other data starts with the comparative analysis of the "imposed" scheme of official powers of the established subject for a way of committing a crime. In this case can take place: 1) the express prohibition of fulfilment of concrete actions; 2) the general instructions forbidding certain actions of the official at their reasonable interpretation; 3) presence otsylochnyh norms to other legal acts; 4) accurate procedure of fulfilment of office actions which does not grant the right to the official to make independent actions and other mechanisms of a legal regulation. Certainly, conclusions of the comparative analysis then in formulated definitions lay down in the decision about attraction of the official as the convicted.
In group of crimes about excess of official powers, it is conditionally possible to allocate three subgroups which have the methodical and tactical features of conducting a consequence:
I. Crimes against constitutional laws and freedom of the person (item 141 ch. 3, 149, 215.1 UK the Russian Federation). They differ in many respects public character of conducting a consequence when actions of the inspector are made with known officials and is frequent illumination of work of a consequence in mass media. It demands from the inspector of organisation and speed of actions, absence of communications with any political forces, the organisation of performance of investigatory and other legal proceedings not to interfere with the selective company, carrying out of other public actions.
At investigation of electoral crimes (item 141 ch. 3) as O.J.Antonov specifies, it is necessary to use actively the help of the state structures of the power, electoral commissions, results of supervising activity of organs of the Prosecutor's Office which are necessary for using in materials of criminal case as a kind of proofs as źother documents╗ [434]. We will notice, that the same verifying materials can be obtained on demand from public authorities or to be enquired from organs of the Prosecutor's Office, at investigation of other crimes of the given group made by officials. At reception of the named materials on them it is necessary to spend interrogations of witnesses, to withdraw additional documents with a view of an establishment of persons committed crimes, to enquire the conclusions of experts. Corresponding commissions about granting operatively-search with vedeny should go to bodies of FSB and in special divisions on struggle against extremist or corruption crimes of law-enforcement bodies.
II. Crimes of administrative character (item 285, 292, 292.1, 169, 170, 188 ch. 3 UK the Russian Federation). More often at the named structures of crimes there are the accurate legal instructions which infringement has obviously criminal character of structure of this or that crime.
The general structure is excess of official powers (286) starting with impossibility of fulfilment by the official of the actions which have been not provided by its powers and done essential harm pravoohranjaemym to interests. An establishment thus the facts of application of violence from the official (item 286 ch. 3), deduced basically by forensic pathologies will show the unconditional corpus delicti. Corresponding interrogations, confrontations and other investigatory actions should provide optimum proving of a fact in issue of physical injuries or the death, established by office legal acts and forensic pathologies [435].
źBudgetary structures╗ are investigated as a special case of excess of official powers as item 285-1 and 285-2 UK the Russian Federations do not provide separate mercenary or personal motives and do not give possibility to the official to select variants of behaviour proceeding from interests of service. Though, it is necessary to notice, that in criminally-legal value prevailing opinion is, that it is an abusing kind official powers [436].
At a no-purpose expenditure of budgetary funds (items 285-1) begin investigation with withdrawal and survey of the voted budget, a budgetary list, the notice on budgetary appropriations, estimates of incomes and expenses; at a no-purpose expenditure of means on the state off-budget funds (items 285-2) similar documents will be the corresponding acts regulating of off-budget means [437]. Besides on documentary data which demand withdrawal, next ways of fulfilment of the given crimes can be found out: granting from budgetary funds and off-budget funds of credits and loans; purchase of a foreign currency and other commercial operations; acquisition of the real estate and other material assets; financial support legal both physical persons and other similar actions [438]. Under the withdrawn documents surveys, audits, interrogations of witnesses and suspects [439] are spent. Special researches by experts and the experts which conclusions specify in excess of office powers of the corresponding officials responsible for a no-purpose expenditure of budgetary and off-budget means can be carried out.
Specific structures as entering into uniform state registers obviously doubtful vedeny (item 286-3), illegal delivery of the passport of the citizen of the Russian Federation, and is equal entering of false data into the documents, the entailed illegal acquisition of citizenship of the Russian Federation (item 292-1 ch. 1), registration of illegal transactions with the earth (items 170) in the basis are connected with the general structure of office forgery (item 292) in separate branches of work of authorities. The main facts of crimes are established by withdrawal of false documents corresponding, as a rule, and then investigatory or expert receptions of identification of the withdrawn false and original documents [440]. By results of the comparative analysis of documents the further investigatory actions basically in the form of interrogations, confrontations with a view of an establishment of intention and personal or motives of committing a crime are spent, that in some cases it is required the law (item 170, 292).
III. Crimes against public justice (item 301-303) in the form of excess of official powers, as false arrest or taking into custody, enforcement to testify and falsification of proofs in the unity define the roughest infringements of fundamental laws and interests of the person (it is not excluded also the organisations) for the purpose of illegal bringing to criminal liability or (that less often and can have the mediated communication) clearings of the criminal liability of the guilty person.
Investigation of circumstances of false arrest, taking into custody or holding in custody (item 301) begins with criminal case withdrawal (so-called, źprimary business╗ [441]) and its studying by investigatory action carrying out as survey of documents from what obviously illegal acts of the inspector (the investigator, the head of the organ of inquiry) should follow. The further interrogations of the suspect (convicted), victims, witnesses are spent for an establishment of two directions of circumstances of a crime: infringements of actual and standard (criminal procedure) rules of detention or the conclusion (maintenance) under guards and designedness of the actions confirming "guilty knowledge" of illegal use of office powers, as a rule, with a finding of personal or mercenary motives.
Enforcement to testify (item 302) is similar to the general structure of excess of official powers – item 286 UK the Russian Federation. On ch. 1 item 302 an establishment of circumstances of a crime is spent basically by interrogation of witnesses or by means of the documentary data specifying in blackmail or other illegal acts. In theoretical value results of operatively-search actions in the form of the latent supervision, listening of telephone conversations etc. can take place., which are checked investigatory by. On ch. 2 items 302 the main proof, as well as in a case ch. 3 items 286 UK the Russian Federation, will be results of forensic pathology (less often – survey) together with interrogations of the victim and witnesses.
Falsification of proofs (item 303) can take place for the purpose of illegal attraction or clearing of the criminal liability, but unlike item 299 and 300, contains a concrete subject of a crime in the form of the falsified (false) proofs which have a material embodiment in the form of remedial documents more often. L.A.Zashljapin names their carriers of traces of the given criminal activity acting in the form of sources about it. Besides the author adds here technical (electronic) means of reflexion for the proof of circumstances of a crime [442]. J.V.Budaeva lists falsified proofs: written documents, expert opinions, reports of investigatory actions, other documents, reports of interrogations, decisions. Thus their main sign, according to the author, the remedial category of the relevancy to business [443] serves. The fact of forgery of proofs is established by identification with circumstances of reception of original proofs (documents). As a whole falsification of proofs – a crime more difficult on proving also demands an establishment of set of documentary data, indications of witnesses and victims, an establishment of a position of the guilty person with a refutation of its arguments of protection.
3. Default of official powers in the deliberate form starts with rules of law in the form of the legislative requirements, separate ordering certificates, orders or orders which oblige the official to arrive definitely:
– Crimes against constitutional laws: item 140 – refusal in granting to the citizen of the information;
– Crimes against the government, interests of the state and municipal service: item 286.1 – default by the employee of law-enforcement bodies of the order; item 287 – refusal in granting of the information to Federal assembly of the Russian Federation or Schetnoj to chamber of the Russian Federation;
– Crimes against public justice: item 315 - default of a sentence of court, the decree or other judicial certificate.
In investigatory practice, except the corpus delicti provided by item 315 UK the Russian Federation, others practically do not operate.
The initial investigatory situation is based on the documentary data specifying in compulsion of performance of official powers in the form of granting of the information, performance of the order or execution of sentence of court and the established malicious actions of the official who is not carrying out legal instructions. Such documents inquiry, the order, or the court order which are withdrawn, as a rule, by dredging from official body can be. Subsequently, along with interrogations of witnesses confrontations between officials and other persons who were in touch with them on the listed legal relations in this case will be effective.
4. Default of official powers in the form of imprudence.
Crimes concern the given form of infringement of official powers against the government, interests of the state and municipal service: item 293 – a negligence; item 292.1 ch. 2 – careless actions which have entailed illegal delivery of the passport of the citizen of the Russian Federation, or entailed illegal acquisition of citizenship of the Russian Federation.
Investigatory situations on a negligence (item 293) in this case start with a material tresspass, heavy harm to health or death of one or several persons. Fixing of the caused harm is spent by scene survey, expert opinions and experts, interrogations of witnesses and victims, or representatives of the last. At the same time the establishment of the officials involved in results of incident is spent, that on character of the acts or omissions made by them should not contain mercenary or personal motives, that is deliberately directed on criminal result. Thus the way of crimes is established by interrogations of participants of criminal trial, check of indications, carrying out of investigatory experiment, withdrawal by dredging or a search of the documents testifying to harmful consequences, come as a result of a crime.
At negligence investigation, presence of objective possibilities of execution by the official of the official duties (in some cases speak and about subjective possibilities – experience, sufficient qualification, etc.) is found out. The given circumstances are established by interrogations of participants of criminal trial, check of indications, carrying out of investigatory experiment, reception of the conclusions and indications of experts, psychological examinations, withdrawal by dredging or a search of the documents testifying to official duties;
The original structure of a careless crime is provided item 292-1 ch. 2, entailed illegal delivery of the passport of the citizen of the Russian Federation, or illegal acquisition of citizenship. Along with circumstances specified above at negligence investigation, presence of the passport with all corresponding requisites and illegally brought data about the citizen of the Russian Federation who has been given out or prepared for delivery to the foreign subject or the stateless person in this case is established. These actions by withdrawal of the passport during survey of a scene, a search or dredging are carried out or at material reception dosledstvennoj checks, and also by survey of the passport, carrying out of examination, reception of the conclusion of the expert, by interrogations of witnesses and other participants of criminal trial. Presence of corresponding documents and the falsehoods containing in them at reception of illegal citizenship of the Russian Federation is separately found out. It is established by withdrawal of corresponding documents during survey of a scene, a search or dredging or at material reception dosledstvennoj checks, and also by survey of documents, carrying out of examination, reception of the conclusion of the expert, interrogations of witnesses and other participants of criminal trial. Simultaneously with it default or inadequate execution by the official or the civil servant of the duties owing to the unfair or negligent relation to service if it has entailed illegal delivery of the passport of the citizen of the Russian Federation to the foreign subject or the stateless person or illegal acquisition of citizenship of the Russian Federation are defined. For an establishment of the given circumstances interrogations of suspected or convicted officials, witnesses, higher heads or the subordinated persons, confrontations, withdrawals as a result of survey of a scene, a search or dredging of illegally given out passport or the corresponding documents which have entailed illegal delivery of the passport or acquisition of citizenship of the Russian Federation, entering upon the record of results of operatively-search activity and their check by carrying out of investigatory actions are spent.
5. Use of official powers for the purpose of reception of direct material benefit.
Here crimes against the government, interests of the state and municipal service concern: item 289 – illegal participation in enterprise activity; item 290 – bribe reception.
Two named corpuses delicti are similar among themselves only by results of a crime as the sense of their fulfilment is directed on reception of material benefits of direct character though ways are various, but can compete among themselves.
At investigation of the crime provided by item 289 the organisation which is carrying out enterprise activity in which it is direct is established or under certain cover the official, by dredging of legal business in tax and other bodies, constituent instruments and other documentation and their further survey, by seizure of documents in which management decisions (orders are fixed, orders, reports of meetings of board of directors, the supervisory boards etc. participates.) Interrogations of workers of the given organisation, and also before dismissed on those or other bases of persons. Concrete forms of participation of the official in enterprise activity proceeding from interrogations of witnesses – workers of the organisation, dredging and survey of documents of the enterprise organisation, carrying out of confrontations are found out thus. The establishment of concrete privileges, advantages or protection by the official owing to establishment or its participation in enterprise activity of the given organisation – by interrogations of witnesses, dredging and survey of documents on commercial activity of the organisation (contracts, agreements, payment documents, documents on the spent competitions, tenders or auctions etc. is spent.) Interrogations and reception of the conclusions of experts, carrying out of audits, the economic or financial examination proving granting of privileges, advantages or protection, confrontations and investigatory actions by results of operatively-search activity;
At investigation of reception of a bribe (item 290) the inspector faces, perhaps, the most widespread kind corruption and malfeasance about what there is the greatest number of the criminalistic literature [444].
At revealing and the further investigation of the given crime work on an establishment of following obligatory data is spent:
– A legal status and powers of the official;
– Legal dependence of the briber on the bribetaker or presence of other mutual relations, that is an establishment, that in this case took place, for example, not return of a debt and not other personal or civil-law relations, namely mutual relations on bribery as that;
– Whether powers of the official are connected with interests of the briber;
– Actions which could make or were made by the bribetaker, proceeding from the office powers;
– A subject of a bribe in the form of money, other material means or services of cost character;
– Sufficiency of data for proving of the mechanism of reception of a bribe.
More often (more than in 95 % of cases) bribe reception reveals following the results of operatively-search action in the form of operative experiment, that is detention of the bribetaker with polichnym. Therefore the inspector studies all materials given to it by results of operatively-search activity so that they corresponded to the legislation on operatively-search activity and UPK the Russian Federation.
At investigation of a considered crime following circumstances by carrying out of investigatory actions are established:
1) the legal status of the official and presence at it powers to operate (to stay idle) in favour of the briber or owing to the official position that could promote such actions (inactivity), to patronise or tolerate on service – activity of services (departments, division etc. is established by withdrawal of orders, decisions on reception (appointment) to a post of the person, withdrawal and survey of the duty regulations regulating activity and powers of the official, and also.) which sphere included interests of the briber, by interrogations of witnesses, heads of establishment or the organisation and heads of their divisions;
2) the bribery purpose (for what for what it is concrete actions (inactivity)) and whether were such actions (inactivity) are made – is established by interrogation of the person who have bribed, or the person from which name the bribe has been given, and also by withdrawal during survey of a scene, dredging or a search of corresponding documents at the bribetaker or the briber testifying to the purpose of bribery;
3) legality or illegality of actions of the bribetaker – is established by withdrawal during survey of a scene, dredging or a search at the bribetaker or the briber of the corresponding documents testifying to the purpose of bribery, and also by interrogations of the bribetaker, its heads and colleagues;
4) whether occupies the official, convicted (suspected) of committing a crime, the state post of the Russian Federation, the subject of Federation or the head of local government – is established by withdrawal, survey and entering upon the record of orders (orders, contracts) about appointment to the post;
5) the fact of extortion of the bribe, connected with illegal acts of the official, convicted (suspect) of committing a crime – is established by interrogations of participants of criminal trial, survey and entering upon the record of the withdrawn documents testifying to the purpose of a summer residence and reception of a bribe;
6) the subject and the size of a bribe – are established by survey of a scene, dredging, a search, survey of the withdrawn subjects (money resources) and their familiarising with business, and also by entering upon the record of results of operatively-search activity and their check by carrying out of investigatory actions;
7) absence of signs of provocation of a bribe – is established by interrogations of the briber and the bribetaker, carrying out between them a confrontation, careful check of all presented materials of operatively-search activity, investigatory actions, interrogations of other witnesses, and in case of need – understood, participating at crime disclosing.
Thus, at investigation of all groups and kinds of malfeasances there are the distinctions at definition of the general scheme of conducting preliminary investigation with features of carrying out on them of tactics of investigatory actions. At the same time each of the considered crimes in the basis starts with presence of the concrete official powers applied illegally for achievement of those or other criminal purposes which attract necessity of an establishment of all other circumstances of crimes on concrete structures of crimes. Thus the general and especial in the course of investigation of malfeasances matters not only for an individualization of crimes, but as we specified, for detection and proving of other criminal actions of official character. That is at investigation of malfeasances at unity of system of the state and municipal management, the consequence should start with the general representations about fulfilment of crimes of official character, passing then on investigation of concrete crimes under the stated methodical recommendations.
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A source: Halikov Asljam Nailevich. THEORY And PRACTICE of REVEALING And INVESTIGATION of MALFEASANCES (CRIMINALISTIC ASPECT). 2005

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