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Appendices

The Internet resources

1. UNION OF RIGHT FORCES "GUARANTOR".
2. Union of Right Forces "ConsultantPlus".
3. https://rospravosudie.com.
4. http://www.vsrf.ru.
5. http://ge№proc.gov.rn/.
6. http://www.pravo.gov.ru.
7. http://pravo.zako №. kz.
8. http://iacis.ru/.
9. http://www.taxes.gov.az.
10. http://www.iuai. №et / № ode/1766

APPENDICES

The investigatory actions, which reports were used as proofs on the investigated 250 criminal cases on which trial court final judgement is accepted

p/p

The investigatory action report The general

Number

% From the general number
1. The scene record of search (item 176 UPK the Russian Federation) 176 12,3
2. The record of search of district, dwelling, other premise (item 176 UPK the Russian Federation) 38 2,7
3. The record of search of subjects and documents (item 176 UPK the Russian Federation) 276 19,3
4. The record of search of a corpse and exhumation (item 178 UPK the Russian Federation) 14 0,9
5. The survey report (item 180 UPK the Russian Federation) 133 9,3
6. The investigatory experiment report (item 181 UPK the Russian Federation) 107 7,5
7. The record of search (item 12 of item 182 UPK the Russian Federation) 194 13,6
8. The dredging report (item 183 UPK the Russian Federation) 147 10,3
9. The report of a personal search (item 184 UPK the Russian Federation) 67 4,7
10. Records of search and dredging of pochtovo-cable departures in communication establishments (item 185 UPK the Russian Federation) 32 2,2
11. The record of search and soundtrack listenings (item 186 UPK the Russian Federation) 28 1,9
12. The record of search of the information on connections between subscribers and (or) user's devices (item 186.1 UPK the Russian Federation) 54 3,8
13. The report of a presentation for an identification (item 193 UPK the Russian Federation) 72 5
14. The report of check of indications on a place (item 194 UPK the Russian Federation) 68 4,8
15. The report of reception of samples for comparative research (ch.
1 items 202 UPK the Russian Federation)
19 1,3
In total 1425 100 %

The summary table of results of the analysis of materials of 250 criminal cases about frequency of use of other documents in proving on criminal cases.

The percentage parity paid off proceeding from total of criminal cases on concrete categories of the investigated crimes.

THE GENERALIZED ANALYSIS OF THE MOST WIDESPREAD OTHER DOCUMENTS USED AS PROOFS ON 250 CRIMINAL CASES _____

The analysis of other documents used on structures of crimes, the provided items of item 105, 111 Chapters 16 of Section VII źCrimes

Against the person ╗UK the Russian Federation (all 29 criminal cases are investigated) __________

The statement of the victim - 57 %; the telephone message from medical institution - 17 %; the official report of the employee of police about actual detention of the person, the official report of the employee of police about dostavlenii persons - 78 %; the report of an appearance with guilty - 8 %; a copy of records from book KUSP - 61 %; a copy of records from a card of a call of the fast urgent help - 37 %; the answer to inquiry about call receipt in medical institution - 16 %;

Characterising data - 100 %. ______________________________

The analysis of other documents used on structures of crimes, the provided items of item 158-160, 162-163, 166-167, 177, 198-199 Chapters 21 and 22 Sections VIII źCrimes against economy╗ UK the Russian Federation

(In total 130 criminal cases) ________________________________________ are investigated

The statement of the victim - 64 %; the report of an appearance with guilty - 6 %; the official report of the employee of police about actual detention of the person - 80 %; the official report about detection of signs of a crime - 87 %; the guarantee coupon, cash and the cash-memo - 30 %; the inquiry on a damage, the inquiry on property cost - 60 %; the contract of purchase and sale and the transfer certificate, the contract on apartment transfer, the concession contract - 46 %; the inquiry on wages, the inquiry on statement in tax inspection, the inquiry on cost of works - 54 %; duty regulations - 73 %; the receipt - 83 %; the order on appointment to the post, the order on retrust of the right to sign - 89 %; a copy of the register book of technical inventory - 38 %, a track record copy - 83 %; a copy of record of the certificate about a marriage - 22 %; a copy of session of board of directors, a copy of the certificate on the state registration of the legal person - 70 %; a copy of the certificate of exit tax check - 41 %; the deed of inspectorship of money resources - 30 %; The report of session of the domestic commission - 75 %; the official report about statement on the account - 11 %; the employment contract - 79 %; the sheet of the account of results revealed by inventory, the pay-sheet, the payment commission, the distributing sheet, an extract on the settlement

To the account - 85 %; the conclusion checking from supervising body - 32 %; the court decision about debts collecting - 17 %; documents of legal and tax affairs, the tax reporting - 52 %;

The certificate on statement on the account in FNS, the certificate on entering of record EGRJUL, the declaration under the tax to additional cost, the account the invoice, the bank account contract - 47 %; the certificate about acceptance of the executed works, documents on interaction of the legal person with other organisations, the local estimate - 70 %; the state general contract (turnkey contract), the additional agreement to the contract - 70 %; the organisation charter - 80 %; the message on a site

The organisations - 50 %; characterising data - 100 %. _____________

The analysis of other documents used on structures of crimes, the provided items of item 207, 228, 232, 264

Chapters 24-25, 27 Sections ІХ źCrimes against the public safety and a public order╗ UK the Russian Federation

(In total 52 criminal cases) ________________________________________ are investigated

The statement for voluntary assistance to employees of police in exposure of the person who are engaged in illegal circulation n.s. - 11 %; the decision about carrying out ORM źVerifying purchase╗ - 75 %; the certificate of research of subjects and documents - 100 %; the supervision certificate - 77 %; the official report of the employee of police about detention of the person, the official report of the employee of police about dostavlenii persons - 92 %; the decision about granting of results of HORDES - 48 %; the personal inspection report - 88 %; the report of examination of a vehicle - 14 %; the official report about detection of signs of a crime - 91 %; the physical examination certificate - 70 %; the physical examination report - 70 %; the inquiry on results of operative research - 27 %; the inquiry from service of aviation safety - 7 %; characterising data - 100 %. The analysis of other documents used on structures of crimes, the provided items of item 286, 318-319 Chapters 30 and 32 Sections H źCrimes against the government╗ UK the Russian Federation

(In total 39 criminal cases) _________________________________________ are investigated

The statement of the victim - 11 %; the official report about detection of signs of a crime - 73 %; the telephone message - 8 %; listing of a tape of events on a signal "Alarm" - 18 %; conclusion VVK - 36 %; duty regulations - 78 %; an extract from the order - 27 %; the report on administrative violation - 12 %; characterising data - 100 %.

Summary results of interrogation of inspectors and investigators

(Only 150 people)

Your post:

The inspector __________________ 102 people ________________________

The investigator __________________ 48 people _________________________

1. The experience of work as the inspector or the investigator:

A. Till 5 years - 60 %;

B till 10 years - 30 %;

B. Over 10 years - 10 %.

2. Whether you consider, what congestion in work of employees of bodies of preliminary investigation negatively affects quality of reports constituted by them and other documents important at investigation of criminal case?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

3. Whether you believe, what proofs on criminal case are any data containing in statutory sources?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

4. Whether you use in practical pravoprimenitelnoj activity of a rule of classification of proofs?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

5. Whether you consider, what as independent proofs at a stage of preliminary investigation reports without an exception of all investigatory actions can act?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

6. Whether you expedient consider fastening in UPK the Russian Federation of the list of investigatory actions, reports on which serve as the independent proof on criminal case?

A. Yes - 80 %;

B is not present - 10 %;

B. I am at a loss to answer - 10 %.

7. What kinds of reports on the demonstrative importance possess bolshej value?

A. Reports of investigatory actions - 81 %;

B the reports of legal proceedings which are not investigatory - 16 %;

B. They are equivalent - 2 %;

G I am at a loss to answer - 1 %.

8. Whether it is possible to carry reports of interrogations to independent proofs?

A. Yes - 60 %;

B is not present - 20 %;

B. I am at a loss to answer - 20 %;

9. When you execute the investigatory action process-verbal?

A. At once on an investigatory action course - 15 %;

B it is direct after the investigatory action termination - 83 %;

B. I start to execute the process-verbal on an investigatory action course, and I finish directly after end of investigatory action-2 of %;

10. Whether you consider, what reports of investigatory actions, besides the written form, can be made and presented to court in other kind?

A. Yes - 83 %;

B is not present - 15 %;

B. I am at a loss to answer - 2 %.

11. Whether you suppose use possibility in the future as the proof of the electronic report?

A. Yes - 84,4 %;

B is not present - 15,6 %;

B. I am at a loss to answer - 35 %.

12. Whether you consider, what the report loses the validity in a case if the person participating in investigatory action, has refused to sign the given report?

A. Yes;

B is not present - 100 %;

B. I am at a loss to answer.

13. There could be useful to you forms of remedial documents?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

14. Whether exists, in your opinion, necessity for classification of the proofs concerning according to item 6 ч.2 item 74 UPK the Russian Federation to other documents?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

15. Whether you consider, what classification of the proofs concerning a category of other documents, would facilitate work of law enforcement bodies?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

16. How you consider, whether there is a sense in acceptance of the independent remedial document (decision) with which help other document would be recognised as a material evidence on criminal case?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

17. Whether you consider, what use of means of fixing of a course of investigatory actions and proceeding raises efficiency of the criminal trial?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

18. Whether you necessary consider the description in UPK the Russian Federation more detailed procedure of use of means during the criminal trial?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

19. Whether provides evidentiary value to results of investigatory actions participation of the investigatory actions understood by manufacture?

A. Yes - 70 %;

B is not present - 10 %;

B. I am at a loss to answer - 20 %.

20. Whether you expedient consider fastening in UPK the Russian Federation such independent basis for appeal from judgement in an appeal order, how disagreement with the maintenance of a sentence of the trial court?

A. Yes - 15 %;

B is not present - 50 %;

B. I am at a loss to answer - 35 %.

21. Whether there is in practice a real possibility of a direction the public prosecutor in court of materials of criminal case only in the form of the bill of particulars (the indictment, the accusatory decision), and also other proofs of fault of criminal case convicted for the purpose of consideration judicially without the materials which do not have evidentiary value?

A. - yes, 50 %,

B - is not present - 25 %,

B. - I am at a loss to answer - 25 %.

Summary results of interrogation of secretaries of vessels

(40 persons)

1. The experience of work as the secretary of session of the court:

A. Till 2 years - 40 %;

B till 5 years - 40 %;

B. Over 5 years - 20 %.

2. Whether you consider, what congestion in work of the secretary of session of the court negatively affects quality of drawing up of reports of session of the court?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

3. Whether you consider, what use of means of fixing of a course of proceeding raises efficiency of activity of bodies and officials of the criminal trial?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

4. Whether you consider, what for each session of the court the separate process-verbal of session of the court signed by the chairman, and also you should be necessarily executed?

A. Yes - 50 %;

B is not present - 50 %;

B. I am at a loss to answer.

5. When you the report of session of the court subscribes?

A. Right after session of the court;

B after session of the court during certain time after its drawing up, but no more a target date provided UPK the Russian Federation - 100 %;

B. I am at a loss to answer;

6. Whether there were in your practice cases when conducting the report of session of the court has been begun by you, and in the subsequent sessions of the court its conducting was continued or other secretary of session of the court finished?

A. Yes - 50 %;

B is not present - 50 %;

B. I am at a loss to answer.

7. Whether often there were cases when you could not take part in session of the court?

A. Yes - 3 %;

B is not present - 97 %;

B. I am at a loss to answer.

8. Whether there are cases, what the functions executed by the secretary of session of the court, were carried out by the assistant to the judge?

A. Yes - 12 %;

B is not present - 80 %;

B. I am at a loss to answer - 8 %.

9. Whether there are cases when opinions of the secretary of session of the court and the chairman concerning the maintenance of the constituted report of session of the court disperse?

A. Yes - 30 %;

B is not present - 60 %;

B. I am at a loss to answer - 5 %.

10. How the question if opinions of the secretary and the chairman concerning the report maintenance disperse is solved?

A. I agree with opinion of the chairman - 91 %;

B it is listened in common an audio record of session of the court,

After that the decision - 4 % is made;

B. I am at a loss to answer - 5 %.

11. Whether there were cases when the report of session of the court has been constituted by you right after session of the court?

A. Yes - 10 %;

B is not present - 90 %;

B. I am at a loss to answer.

12. Whether often by you it is used for fixing of a course of session of the court of means of audio-and video fixing?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

13. Whether you during session of the court make fixing of the basic moments in the form of short records?

A. Yes - 100 %;

B is not present;

B. I am at a loss to answer.

Consideration by vessels of petitions

About judgement reception on investigatory action carrying out

(For 6 months 2017)

p/p

The investigatory action name It is ended

Manufacture

Udovlet

voreno

It is given up in udovletvor. It is ceased,

It is withdrawn,

It is returned

1. About manufacture of survey of dwelling in the absence of the consent of persons living in it (item 4 ch. 2 items 29 UPK the Russian Federation) 41 594 39989 1206 399
2. About manufacture of a search and (or) dredging in dwelling (item 5 ch. 2 items 29 UPK the Russian Federation) 61382 58966 1902 514
3. Manufacture of dredging of the thing put in pawn or deposited in a pawnshop (item 5.1 ch. 2 items 29 UPK the Russian Federation) 3509 3440 33 36
4. About manufacture of a personal search (item 6 ch. 2 items 29 UPK the Russian Federation) 591 570 17 4
5. About manufacture of dredging of subjects and the documents containing the information on contributions and accounts in banks and other credit organisations (item 7 ch.

2 items 29 UPK the Russian Federation)

34822 33804 739 279
6. About arrestment on the correspondence, the permission to its survey and dredging in communication establishments (item 8 ч.2 item 29 UPK the Russian Federation) 7011 6874 93 44
7. About arrestment on property, including money resources physical and the legal bodies, being on accounts and in contributions or stored in banks and other credit organisations (item 9 ch. 2 items 29 UPK the Russian Federation) 23121 20322 2148 651
8. About the control and record of telephone and other negotiations (item 11 ch. 2 items 29 UPK the Russian Federation) 44247 43047 849 351
9. About reception of the information on connections between subscribers and (or) user's devices (item 12 ch. 2 items 29 UPK the Russian Federation) 108194 105327 1992 875

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A source: DOLGAEV VICTOR VIKTOROVICH. REPORTS OF INVESTIGATORY ACTIONS AND OTHER DOCUMENTS AS SOURCES OF PROOFS IN THE CRIMINAL TRIAL. THE DISSERTATION On competition of a scientific degree of the master of laws. St.-Petersburg, 2018. 2018

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