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§ 2. Concept and the maintenance Criminalistic maintenance of investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement

The carried out analysis has shown, that recently the number of cases of application in the course of investigation of criminal cases of norms about a special order of the criminal trial at the conclusion with suspected (convicted) the pre-judicial cooperation agreement increases.

The given tendency causes necessity of definition of concept and structure of criminalistic maintenance of activity of the inspector at application of norms of the specified criminal procedure institute that will allow to develop recommendations about definition of tactically true algorithm of actions of the inspector during investigation of criminal cases at conclusion DSoS.

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Here it is necessary to underline, that at use DSoS there are some problem questions. So, on the criminal cases studied by us on which with suspects (convicted) pre-judicial cooperation agreements consisted, these agreements approximately in 20 % of cases were terminated during preliminary investigation, and in 10 % - during judicial stages. Thus on preliminary investigation in 15 % of cases the initiative proceeded from the charge party, and in 5 % - from the protection party (enc. 2). It has been connected with inconsistency of positions of the parties of charge and protection at a stage of discussion of conditions of the agreement, and also at the further actions during preliminary investigation.

For example, in 2013 in manufacture SCH GSU GU the Ministry of Internal Affairs of Russia on Sverdlovsk area was criminal case on charge Andreeva, Kirilovoj, Petrov, Hrebtova and other persons in fulfilment of set of episodes of the crimes provided ch. I cm. 327, ch. 4 cm. 159 UK the Russian Federation (i.e. Plunders of money resources of the credit organisations of of Ekaterinburg by granting of false data on the borrower at registration of credits), made by the organised group in especially large size.

During the investigation suspect Hrebtov has been involved in cooperation by conclusion DSoS. All features of its performance have been adjusted by the parties. After carrying out of necessary investigatory actions and operatively-search actions the head sledstvennooperativnoj has made of group the decision on presentation Hrebtovu of charge. Having studied the decision about attraction as convicted, Ridges has expressed categorical disagreement with the shown charge, has refused to recognise the fault and to give the further evidences. Further realisation DSoS became impossible, and the inspector has been forced to address to the public prosecutor with the petition for cancellation DSoS, as has been made [32].

The reason of occurrence of such situation was that fact, that at the moment of discussion of conditions DSoS Hrebtovu has not been explained, that to it will show

Charge in fulfilment of crimes as a part of the organised group with what he бвіл categorically does not agree. In rezulvtate in the worst situation it has appeared Ridges as rasschshyvatv on the special method of adoption of a judgement it could not any more, and all information available for it has informed the inspector.

Let's notice, that in the agreement text all conditions and duties of the parties certainly propis Bi vajutsja, but at vvgaolnenii these conditions each of the parties tries to observe the interests, and there is a conflict situation leading to cancellation of the agreement.

Besides, zdesv ochenv much depends on the inspector. If inspectors will not provide appropriate performance of conditions of "transaction", easier speaking, in view of any reasons will not give to the suspect (convicted) possibility vvgaolnitv objazatel - stva, которвіе he has incurred, effective realisation DSoS will not be.

For example, in the text of the pre-judicial agreement it is specified, that podozrevae - MBiй in a course the resident student of rates is obliged izoblichitv in fulfilment of crimes of the accomplices, but these inspectors следственнвіе action does not spend. In a similar case the agreement formalvno is considered nevvgaolnennvsh and can бвітв is terminated by the public prosecutor though the suspect wishes to co-operate and expose accomplices. Other situation: the inspector spends a confrontation between suspects "To" and "P"; "To" successfully exposes the accomplice "P", but at confrontation carrying out between it and "In" it tries to justify "In" or refuses the indications. In this connection the question on criminalistic maintenance of application with the inspector of norms on a special order of the criminal trial is actual at the conclusion of the pre-judicial cooperation agreement, namely how the inspector can provide effective realisation of the agreement.

For consideration of essence of concept of criminalistic maintenance of activity of the inspector it is necessary to address to genesis of this theory. One of the first the given concept of 1979 was used by V.G.Kolomats-ky within the limits of prepared and published by it in Academy of the Ministry of Internal Affairs of the USSR of lecture on a corresponding theme. Смвісл concepts «criminalistic maintenance» it was reduced to criminalistics functions by the subsequent working out of communication between a science and practice. In the final account under criminalistic maintenance it became ponimatv introduction system in practical de - jatelvnostv должностнвіх persons, divisions, services of law-enforcement bodies on protection of a public order and borvbe with prestupnostvju criminalistic knowledge, воплощєннвіх in ability of workers of law-enforcement bodies ispolvzovatv научнвіе, methodical and tactical recommendations, tehnikokriminalisticheskie means and technologies of their application with a view of prevention, раскрвітия and investigations преступлений1.

In the modern theory of criminalistics a word-combination «kriminali - sticheskoe maintenance» has received vesvma a wide circulation. The analysis литературві has shown, that concept «criminalistic maintenance» is - polvzuetsja at the characteristic not tolvko all criminalistic the figure - nosti, but also отделвнвіх its directions, and in некоторвіх cases and with tselvju generalisations отделвнвіх частнвіх criminalistics questions. [33 [34]

The detailed analysis of concept «criminalistic maintenance» is spent by I.T.Belovym1 who believes, that criminalistic maintenance is formed as the private criminalistic theory. About it says also use of this concept of other areas of jurisprudence that testifies to increasing influence in development of its scientific knowledge mezhdistsiplinarnosti [35 [36].

In our opinion, the term has not found «criminalistic maintenance» in a science of unequivocal interpretation. So, V.G.Kolomatsky we (will repeat) understands as criminalistic maintenance introduction in practical activities of law enforcement bodies of theoretical criminalistic knowledge. R.S.Belkin speaks about it as about system of criminalistic knowledge and the skills based on them and abilities of employees to use achievement of a criminalistic science with a view of prevention, revealings, disclosings and investigations of crimes [37]. The similar concept offers and And. M.Nuzhdin [38].

In turn, E.I.Popova obosnovanno, from our point of view, suggests to add the concept offered by R.S.Belkin, having included in it applied aspect of criminalistic maintenance [39], and V.P.Lavrov, defining the given concept, places emphasis not only on disclosing and investigation of crimes, but also on their prevention.

A. V.Shmonin considers, that it is necessary to understand system of representation of criminalistic knowledge as criminalistic maintenance of investigation of crimes to law enforcement bodies and the skills based on this knowledge and abilities of their officials, conditioning for an effective establishment of true on criminal делам1. The similar definition only individualised by the form of a crime - to illegal bankruptcy, formulates E.S.Romanov [40 [41].

B. J.Sokol, having analysed the definitions of criminalistic maintenance resulted in the literature, comes to conclusion, that the concept of criminalistic maintenance of them is limited mainly to an informative component [42]. Certainly, the given component is important for understanding and definition of concept of criminalistic maintenance as acquisition of knowledge and skills of their use allows to open and investigate crimes. However, as truly, in our opinion, speaks V.J.Sokol, one informative component of criminalistic maintenance and its application in practical activities insufficiently, motivational, emotional and strong-willed components of readiness it to use [43] are for this purpose necessary. Therefore it treats criminalistic maintenance as the special organizational-functional system directed on formation and maintenance at certain level of constant readiness of workers of law enforcement bodies to regular use in practical activities of a criminalistic arsenal of means of crime control, and also on realisation of this readiness in each concrete case of disclosing and the investigation of crimes caused concrete operatively-rozv_sknoj or investigatory ситуацией1.

The made definition was apprehended critically by R.G.Aksenov, considering, that the "readiness" term assumes such condition правоохранителвнвіх bodies at which all is made, ready for раскрвітия, investigations and preventions of crimes. It comes to conclusion, that maintenance should rabotatv on an advancing criminal dejatelvnosti and predlagatv effective remedies of its neutralisation before occurrence новвіх ways or criminalisation of any act by acceptance нормві the criminal law [44 [45].

V.J.Sokol ввіделяет two levels of criminalistic maintenance: makrourovenv (scientifically-didactic) and mikrourovenv (situational, is - polnitelvsky). On ispolnitelvskom level and должнві sozdavatvsja such conditions, action которвіх, based on the account of features of a concrete situation, the condition mobilizovannosti the persons, directed on behaviour in конкретнвіх conditions [46] would provide realisation in practice приобретеннвіх before installations, knowledge, abilities, наввіков, опвіта and motives for the decision arising конкретнвіх problems.

Zdesv it is necessary otmetitv, that criminalistic maintenance at these levels represents absolutely discriminate operations: if at scientifically-didactic level there is a working out of criminalistic recommendations, on ispolnitelvskom - their introduction in practice.

A.F.Volynsky allocating in structure of criminalistic maintenance two levels adheres to the similar point of view: creative and dejatelnostnyj. At creative level there is «a formation uslo - vy activity by means of creation new and perfection of already available criminalistic knowledge... Techniques of criminalistic preparation of subjects of disclosing and investigation of crimes, organizational bases of activity of ekspertno-criminalistic divisions... Means of legal regulation of use of a criminalistic arsenal» [47]. On dejatelnostnom (practical) level there is a practical realisation of the specified conditions.

It is represented, that entering into structure of criminalistic maintenance of means of legal regulation is obviously incorrect: the legal regulation of criminalistic activity is out of a subject field of criminalistics and cannot constitute the maintenance of criminalistic recommendations as basic form of criminalistic maintenance.

A number of authors (O.A.Ageev, A.F.Volynsky, V.A.Volynsky, E.K.Gorjachev, V.P.Lavrov, And. V.Tishutina, V.J.Sokol, A.N.Sretentsev, I.T.Belov, etc.) allocate three basic signs which are inherent in criminalistic maintenance of activity of law enforcement bodies:

1) sistemnost as it consists of set of the interconnected elements, the measures forming the complete mechanism, capable to affect process of investigation of criminal case;

2) an orientation on creation of conditions of constant readiness of law enforcement bodies to application of criminalistic means, receptions and methods. This such condition of services and divisions of law-enforcement bodies at which there is a real possibility quickly and effectively to apply achievements of a criminalistic science and technics for the purpose of disclosing and investigation of crimes;

3) an orientation on creation of conditions for realisation of these means, receptions and methods in practice. This maintenance of daily activity of inspectors, experts-criminalists, workers of agencies in charge of preliminary investigation in the conditions connected with application organizational, tactical and means and methods in process раскрвітия and investigation of crimes.

All stated allows sdelatv following ввівод: criminalistic maintenance раскрвітия and investigations of crimes represents system of the dynamic information transfer providing effective ispolvzovanie of a criminalistic arsenal in borvbe with criminality. It is reached by formation of constant readiness of the personnel device of law enforcement bodies to potential application in the activity of developed criminalistic recommendations. As it was marked above, in criminalistic maintenance allocate two levels of formation of readiness. A macrolevel problem (nauchnodidakticheskogo) is formation of constant (long) readiness of the employee to application with a view of crime control of criminalistic recommendations. This readiness is expressed in possibility to apply the general criminalistic knowledge and recommendations. In turn at microlevel (situational, performing) readiness is connected more with a concrete situation when it is necessary to make true decisions and to choose optimum directions of actions.

And. P.Patskevich and I.I.Luzgin also define criminalistic maintenance as the special organizational-functional system directed on formation and maintenance at certain level of constant readiness of workers of law enforcement bodies to regular use in practical activities of a criminalistic arsenal of means of crime control (macrolevel, scientifically-didactic level), and also on realisation of this readiness in each case of disclosing and investigation of the crimes, caused concrete operativnorozysknoj or an investigatory situation (microlevel or performing level) [48].

We divide I.T.Belova's point of view which considers, that criminalistic maintenance of investigation of crimes is first of all defined dejatelvnostv in which course with pomoshchvju criminalistic knowledge at должноCTHBix persons are formed профессионалвнвіе наввіки and abilities on effective investigation преступлений1. Besides, criminalistic maintenance is also psychological gotovnostv, the psychological mechanism of possibility of subjects of criminal prosecution at - menjatv criminalistic knowledge, abilities and наввіки.

In the given context interesting R.G.Aksenova's position which considers as object of criminalistic maintenance system of the relations developing in the course of creation, transfers and uses of a criminalistic product by subjects pravoprimenitelnoj is represented to activity with a view of disclosing, investigation and the prevention of crimes [49 [50]. That is he suggests to understand maintenance and as a criminalistic product, and as process of its formation, transfers and acceptances for realisation of activity [51].

Separate scientists critically estimate this position. For example, E.S.Romanov speaks about complexity of representation and realisation «systems of creation of skills of law enforcement bodies» or «system of creation of abilities of law enforcement bodies», noticing, that «the system of use of knowledge, skills, abilities and tehniko-criminalistic means is directed on practical application specified in activity on investigation of crimes, instead of about criminalistic maintenance» [52].

We not so categorically concern R.G.Aksenova's position which, arguing on criminalistic maintenance, speaks about «direct creation (formation), and also constant perfection» a criminalistic arsenal of means of struggle with преступностью1. Therefore, taking into account E.S.Romanovoj's remark, we can agree with E.I.Popovoj that criminalistic maintenance is a category developed by a science for needs of practice [53 [54] so to speak about it as about process of reception something essentially new is inexpedient. The semantic maintenance of the given word-combination allows to draw a conclusion, that the purpose of criminalistic maintenance is supply of law enforcement bodies by achievements of science and technology for effective disclosing, investigation and the prevention of crimes.

The maintenance of criminalistic maintenance of activity of the inspector on application of norms about the special method of adoption of a judgement at the conclusion of the pre-judicial cooperation agreement are criminalistic knowledge and the recommendations constructed on their basis regarding the organisation of work of the inspector on investigation of criminal cases at the conclusion of such agreement.

Interesting also I.J.Kuleevoj's position which considers, in our opinion, is, that term use «criminalistic maintenance» is more expedient and is proved in that case when it is a question of maintenance of any kind of activity of law enforcement bodies, and the term «an investigation technique» should be applied concerning a certain category of affairs [55]. We agree with scientific that means, and technologies have methods much in common with reference to investigation of groups of crimes. So, search manufacture at organisation office on business about deliberate or fictitious bankruptcy will differ a little from such search on business about tax evasion and (or) gathering from the organisation. In both cases tactical receptions of a search will be similar also, the same criminalistic recommendations will be used at drawing up of records of search and t. And.

It is thought, that activity of the inspector on criminal case investigation at the conclusion of the pre-judicial cooperation agreement represents its criminalistic maintenance, instead of an investigation technique. We will open this position.

The large quantity of works of scientists-kriminalistov1 is devoted concept of a private criminalistic technique of investigation of crimes. In our work we assume as a basis L.J.Drapkina's concept which has suggested to understand the final section of criminalistics synthesising positions of the criminalistic technics and tactics as a criminalistic technique, developing typical recommendations and programs of prevention, disclosing and investigation of crimes of a certain kind or group. The system of scientific positions on which the criminalistic technique is based, includes in the structure the specific (group) criminalistic characteristic of crimes, and also the characteristic of the basic stages of process of investigation [56 [57].

Besides, the wide circulation has received the concept of a criminalistic technique offered N. P.Yablokov who believes that is the complete and multilevel part of criminalistics studying and developing system of optimum receptions and ways of conducting of preliminary investigation and realisation of preventive works in specific conditions of investigation of different kinds of crimes on the basis of the corresponding criminally-legal, remedial and criminalistic information, knowledge of the certain private laws influencing formation of specified system, and also on a database of the general scientific methodology and the whole complex of others наук1.

The analysis of the resulted concepts показвівает, that a criminalistic technique differs from criminalistic maintenance of investigation of crimes first of all under the maintenance. If the technique is directed on working out системні criminalistic recommendations (receptions and ways), investigation bases отделвнвіх groups or kinds of crimes maintenance as the complex определеннвіх actions forms conditions for effective application of these recommendations by the competent person in which manufacture there is a criminal case. That estv criminalistic maintenance is a conductor of criminalistic knowledge between a science criminalistics and pravoprimenitelem, «a link between a science and practice» [58 [59].

The criminalistic technique and criminalistic maintenance differ among themselves and on structure.

So, in structure of a technique of investigation of crimes basic elements are:

1) features of the criminalistic characteristic of the given kind or a category of crimes;

2) features of excitation on them уголовнвіх affairs;

3) features pervo have begun HBix следственнвіх actions and their combination to operatively-rozv_sknv_mi actions;

4) features of construction of versions and investigation planning;

5) features of the subsequent следственнвіх actions;

6) features of work of the inspector on zakljuchitelvnom a stage of investigation of the crimes concerning the considered kind and (or) categories [60].

In turn in system of criminalistic maintenance of activity of the inspector on investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement the methodological and organizational elements inseparably linked with its criminalistic maintenance are allocated. Thus, as truly believe And. V.Boguslavsky and T.A.Tkachuk, as a whole subject sections of criminalistics (the technician, tactics, a technique) can be quite presented as the basic directions (field of activity) on criminalistic maintenance of disclosing and investigation преступлений1.

. V.Pimonov, having considered these questions, also has drawn a conclusion, that criminalistic maintenance unlike a private criminalistic technique is not limited to algorithmization of investigation of a crime, and appropriate technique appropriate and timely introduction peculiar to a technique concerns its problems in practical activities of law enforcement bodies of scientifically proved recommendations about investigation [61 [62] not.

Once again we will underline, that criminalistic maintenance is directed, including, on introduction of achievements of criminalistics in practice. In this connection A.F.Volynskogo's statement that criminalistic maintenance is the form of realisation of social functions of criminalistics - sciences is not unreasonable, occurrence and which development is caused by requirements of a society for maintenance of safety of ability to live of citizens, for crime control, for formation of the valid and humane court system [63].

I.J.Kuleeva notices, that in Russia there are many criminalistic workings out which applications in practice as there is no rational, balanced combination of legal for it legal and organizational conditions do not find. That is why it is available necessity to search and offer a way of the decision not only especially scientific, but also legal, organizational, uchebno-methodical and to that of similar problems which in aggregate and constitute a subject of criminalistic maintenance of disclosing and investigation of crimes as a scientifically-applied kind деятельности1.

V.J.Sokol, making a start from A.J.Gii-'s theoretical researches zburga, V.J.Koldina and other authors, among the basic external special problems of criminalistics allocates introduction in practical activities of developed criminalistic methods, receptions and means of disclosing, investigation and the prevention of crimes, that, in its opinion, will allow to eliminate contradictions between a level of development of criminalistic scientific knowledge and level of their use in practical activities of law enforcement bodies [64 [65] [66] [67]. At the same time the decision of a problem of introduction of recommendations developed by criminalistics assumes allocation and all-round studying in its subject concerning independent, homogeneous group of the laws characterising use in practice of criminalistic methods, receptions and means of optimisation of crime control - laws of criminalistic innovative activity [68]. This position is supported also by other scientists, offering to consider criminalistics in the light of its general problem and social function [69].

Modern development of scientific and technical progress is caused it materializatsiej and попвітками tactful introduction in practical dejatelvnostv научнвіх knowledge in the form of technologies, methods, recommendations that is required for perfection of this or that dejatelvnosti. Professio - nalvnaja dejatelvnostv правоохранителвнвіх bodies on раскрвітию and to investigation of crimes in this case not an exception. In such aspect with laws of development of scientific knowledge correlate современнвіе representations about the criminalistics nature as the synthetic branch of knowledge combining in of achievement estestvennik, technical and the public man of sciences, including management sciences. Otdelvno проблемні maintenance раскрвітия and investigations of crimes any science, except criminalistics could not reshitv.

Thus, a subject of criminalistic maintenance are laws of accumulation and introduction in practical dejatelvnostv on the organisation раскрвітия and investigations of crimes, and also their prevention and preventive maintenance of scientific and technical achievements and methodical recommendations.

Undoubtedly, the criminalistics puts before itself the purposes of introduction of the achievements in practical dejatelvnostv on раскрвітию and to investigation of separate kinds of crimes. That is why also the subject of criminalistic maintenance should be considered from the point of view of its maintenance and the purpose. So, as the maintenance of criminalistic maintenance of investigation at the conclusion of the pre-judicial cooperation agreement the part of a specific technique of its investigation will act: organizational and tactical recommendations. The given circumstance predetermines a main objective of criminalistic maintenance: introduction in process of investigation of crimes developed by a science criminalistics of recommendations for increase of its efficiency.

Considering criminalistic maintenance of disclosing and investigation of crimes as activity, it is necessary to define, who is subjects of its realisation, i.e. The persons who are carrying out operating influence, directed on formation of criminalistic readiness of shots of law enforcement bodies and creation of conditions for its realisation. It is obvious, that carriers of criminalistic knowledge concern these persons: employees of administrative structures of law enforcement bodies, the educational institutions, engaged in working out of a criminalistic arsenal of means of crime control, their introduction in practice, criminalistic preparation and education of shots. Subjects of criminalistic maintenance of disclosing and investigation of crimes first of all are practical workers (inspectors, operative workers, experts-criminalists) which activity is directed on formation and maintenance at certain level of criminalistic readiness of other practical workers and rendering of the help by it at carrying out of concrete investigatory and other actions.

It is represented, that features of position of the named persons are defined by level of system of criminalistic maintenance of disclosing and investigation of crimes:

1) macrolevel - subjects of system of criminalistic maintenance of disclosing and investigation of the crimes which activity is directed on formation of criminalistic readiness of other employees of law enforcement bodies as psychological aspect;

2) microlevel - the subjects who are direct executors of criminalistic recommendations which activity is directed on rendering assistance to other practical workers by manufacture of concrete actions. For example, employees of ekspertno-criminalistic divisions of law enforcement bodies carry out of a problem of working out of modern criminalistic methods, receptions and means of crime control, generalisation and distribution of the best practices of their use and t. And. And simultaneously - direct realisation of criminalistic recommendations during disclosing and investigation of crimes: at surveys of places of incidents, fulfilment of other investigatory actions and operatively-search actions, at carrying out of special researches and examinations.

Passing to the analysis of structure of criminalistic maintenance of investigation of criminal cases, we will notice, that in the literature this question dares differently.

For example, authors of one of special works on these subjects written in the end of the XX-th century, have allocated here two sections:

Organizational and tactical maintenance of activity of criminal militia and bodies of preliminary investigation;

Organizational and methodical maintenance of activity of criminal militia and bodies of preliminary investigation.

In the first section along with organizational and tactical features of maintenance of disclosing and investigation of crimes the interrelation of a criminalistic science with the theory operativnorozysknoj activity has been considered, the close attention of the operative information and its role in investigation of criminal cases is given.

In the second section features of formation of private criminalistic techniques of investigation of crimes, uses of modern means of that time in disclosing and investigation of crimes [70] revealed.

Noteworthy the statement of the maintenance and structure of criminalistic maintenance in a course "Criminalistics" under V.A.Obraztsova's edition, in our opinion, is. Its authors allocate: features of criminalistic maintenance of pre-judicial criminal manufacture; organizational-tactical features of preparation and manufacture of investigatory actions; metodiko-kriminalisticheskoe maintenance preliminary расследования1.

V.G.Kolomatsky considers, that the system of criminalistic maintenance includes three elements: a criminalistic science, criminalistic formation, the criminalistic technics. Thus it considers criminalistic maintenance as one of elements of a control system of activity of the bodies which are carrying out crime control [71 [72].

V.A.Zhbankov structures criminalistic maintenance in more details and allocates in it:

Scientific and methodical maintenance; criminalistic formation; tehniko-kriminalisticheskoe maintenance: taktiko-kriminalisticheskoe maintenance; working out of techniques of investigation of crimes; ekspertno-kriminalisticheskoe maintenance; profilaktiko-kriminalisticheskoe maintenance [73].

As we see, for a basis at the analysis the scientist took activity directions - pedagogical, expert, preventive, on working out of techniques.

Critically the given structure have concerned E.K.Gorjachev and and. V.Tishu-ooze. In their opinion, criminalistic training - one of the major components of criminalistic maintenance, but not the only thing. Scientists notice, that «criminalistic knowledge» arises and is formed not in itself. They result of activity of scientists-criminalists in the course of the analysis and generalisation of criminalistic practice and revealing of achievements of other sciences, которвіе can бвітв исполвзованві in development of this knowledge. It also is criminalistic maintenance. Also criminalistic maintenance should бвітв is directed on order working out (protsedurn і) applications of tactical receptions (operations, combinations etc.) and recommendations for inspectors, investigators, the field investigator of workers at them professionalvnoj to preparation.

E.K.Gorjachev and And. V.Tishutina, having studied discriminate the points of view, have offered the following structure of criminalistic maintenance: organizational maintenance; legal maintenance; scientific and technical maintenance; methodical maintenance;

Personnel maintenance (a criminalistic professional training) [74]. It is thought, that such structure of criminalistic maintenance most optimalvnoj at a professional training for it will be right ohr anitelnyh bodies (carrying out of employment etc.). The structure of criminalistic maintenance dejatelvnosti the subject of investigation, namely the inspector investigating criminal case, in our opinion, includes following most important elements:

Scientifically-methodical maintenance; organizational maintenance; taktiko-kriminalisticheskoe maintenance; tehniko-kriminalisticheskoe maintenance.

Expediently rassmotretv system of criminalistic maintenance раскрвітия and investigations of crimes from the point of view of it funktsionalvnoj структурні. Understanding as functions most типичнвіе, homogeneous and it is accurate ввіраженнвіе kinds (directions) dejatelvnosti, achievements of the purposes of operating influence serving to interests, once again we will underline, that the system of criminalistic maintenance раскрвітия and investigations of crimes is directed on formation of readiness of shots the right ohr анителвнвіх bodies to the decision основнвіх kinds of problems: organizational-kriminalisticheskih, tehniko-kriminalisticheskih and taktiko-kriminalisticheskih, and also on realisation of this readiness in each concrete case раскрвітия and investigations of a crime by means of ispolvzovanija corresponding to these problems организационнвіх, technical and tactical means of their decision.

Funktsionalvnaja the structure системні criminalistic maintenance раскрвітия and investigations of crimes characterises funktsionalvnuju activity of its subjects. At the same time each of the named basic functions of this system, reflecting its general napravlennostv, is characterised by features of the subject, the maintenance and ways of realisation. A subject of each function указвівает on those storonn і, аспектні dejatelnnosti shots of law enforcement bodies which come under to certain operating influence with use of corresponding means. Their maintenance is defined by specific targets of operating influence on activity of employees of law enforcement bodies and limits of such influence, and the features caused by the used arsenal of means of operating influence on shots of law enforcement bodies are inherent in ways of realisation. Thus if the concept of tehniko-criminalistic maintenance of disclosing and investigation of crimes has received wide illumination in the criminalistic literature [75] concepts scientifically - methodical, organizational-kriminalisticheskogo and taktiko-kriminalisticheskogo maintenance is among maloissledovannyh.

The primary goal of scientifically-methodical maintenance of activity of the inspector is accumulation and finishing to the addressee of knowledge, skills in the form of supply by the scientific and methodical literature, in the course of educational activity and improvement of professional skill of investigatory shots. That is it is the original channel of transfer of criminalistic recommendations of organizational, tactical and technical character to practical workers.

Organizational-Kriminalistichesky maintenance of disclosing and investigation of crimes, in our opinion, is directed on formation of the conditions necessary for creation of optimum structure of disclosing and investigation of crimes, its stages and separate actions. If them tehnikokriminalisticheskoe and taktiko-kriminalisticheskoe maintenance is focused mainly on increase of efficiency of activity on search, detection, research and use of the information containing in material and personal sources, organizatsionnokriminalisticheskoe (or structurally-criminalistic) maintenance urged to optimise structure of most this activity, effective functioning of elements constituting it, their interrelation and interaction.

Taktiko-Kriminalistichesky maintenance as an element of criminalistic maintenance of investigation of crimes in a broad sense represents set of tactical receptions and the recommendations applied thus by practical workers. The given element has been full enough investigated in the literature.

In particular, E.K.Gorjachev defines taktiko-kriminalisticheskoe maintenance as the specific kind of activity directed on creation of conditions of constant readiness of law enforcement bodies to use of tactical receptions and recommendations and realisation of such conditions by employees of these bodies in their daily деятелвности1.

V.J.Sokol raskry - tija and investigations of crimes understands as taktiko-criminalistic maintenance difficult orta a bottom atsionno - funktsionalvnuju the system directed on formation and maintenance at level, meeting requirements of practice, constant readiness of workers the right ohr anitelv HBix bodies to regular ispolvzovaniju in practical dejatelvnosti a tactical arsenal of means борвбві with criminality (macrolevel, scientifically-didactic level), and also on realisation of this readiness in each concrete case for the decision of arising tactical problems (microlevel, performing level). Thus it treats a tactical arsenal as set answering to a modern level of development of a science and inquiries of practice of taktiko-criminalistic methods and the means which use allows to optimise activity on an establishment of true [76 [77].

Apparently from the given definitions, the basis of taktiko-criminalistic maintenance is constituted applied by practical workers during carrying out of various investigatory actions by tactical receptions, methods, recommendations, etc. For example, by working out of taktiko-criminalistic maintenance of interrogation of witnesses it is necessary to pay attention to finding-out of the circumstances which are coming under to proving, and tactical receptions of reception of the given information.

Thus, taktiko-kriminalisticheskoe maintenance is realised in investigatory actions spent on business. Here it is necessary to notice, that the most widespread investigatory actions at application DSoS are, as has shown interrogation of practical workers, interrogations of the victim (100 %), the suspect (convicted) (100 %) and witnesses (98 %), survey of subjects and documents (96 %), обвіск (ввіемка) (92 %), reception of samples for sravnitelvnogo researches (84 %), sou - manufacture дебнвіх examinations (74 %), a confrontation (67 %), check of indications on a place (61 %) (see enc. 2). Otdelvnvju tactical features bolvshinstva uka - заннвіх следственнвіх actions will be рассмотренві further.

Recently has gained distribution opinion, that low efficiency борвбві with prestupnostvju it is caused weak regular and technical osnashchennostvju law-enforcement bodies, that for povvinenija it is enough this efficiency uvelichitv number of physically prepared personnel, obespechitv оперативнвіх workers and inspectors neobhodi - MBiM quantity of motor vehicles, radio stations, qualitative (at level miro - BBix standards) criminalistic and operative technics. However the approach to a problem of criminalistic maintenance of investigation tolvko as to a supply problem розвіскнвіх and следственнвіх devices of law-enforcement bodies transport, a communication facility, criminalistic and spetsialv - ache technics it is incorrect in essence, for corresponding materialvnoe maintenance оперативнвіх devices and investigatory agencies - tolvko one of elements of system of criminalistic maintenance dejatelvnosti law-enforcement bodies, at all исчерпвівающий its maintenances: For reception of desirable effect необходимві experts, in perfection owning this technics [78].

Tehniko-Kriminalistichesky maintenance dejatelvnosti the inspector on investigation уголовнвіх affairs at the conclusion of the pre-judicial cooperation agreement a little than differs from technical maintenance sledova - telja at investigation of other criminal cases connected with organised prestupnostvju. Therefore more low we will try raskrytv organizatsionnokriminalisticheskie and tactical features such it dejatelvnosti.

The carried out research has allowed sdelatv некоторвіе ввіводві.

Under criminalistic maintenance dejatelvnosti the inspector on investigation уголовнвіх affairs at the conclusion of the pre-judicial cooperation agreement it is necessary ponimatv criminalistic knowledge and построеннвіе on their basis of the recommendation regarding the organisation of the given work, and also psychological gotovnostv subjects of criminal prosecution ispolvzovatv these recommendations.

The system of criminalistic maintenance dejatelvnosti the inspector on investigation уголовнвіх affairs at conclusion DSoS is special organizational-faugh nktsionalvnaja the system directed on formation and poderzhanie at certain level of constant readiness of the inspector to regular use in practical activities of a criminalistic arsenal of means of crime control (macrolevel, nauchnodidaktichesky level), and also on realisation of this readiness in each case of disclosing and investigation of the crimes, a caused concrete investigatory situation (microlevel, performing level).

With reference to investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement criminalistic maintenance represents a complex of the measures focused on maintenance of subjects of criminal prosecution by knowledge of the most effective and rational criminalistic means, receptions and methods with a view of an establishment of the circumstances important for full and all-round investigation of criminal case at the conclusion of such agreement, and also creation of optimum conditions for their practical realisation in various investigatory situations.

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A source: Hamidullin Ruslan Sibagatullovich. CRIMINALISTIC MAINTENANCE of ACTIVITY of the INSPECTOR ON APPLICATION of NORMS of the SPECIAL ORDER of the CRIMINAL TRIAL AT the CONCLUSION of the PRE-JUDICIAL COOPERATION AGREEMENT. The dissertation On competition of a scientific degree of the master of laws. Ekaterinburg, 2018. 2018

More on topic § 2. Concept and the maintenance Criminalistic maintenance of investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement:

  1. § 1. Scientifically-methodical maintenance of investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement
  2. § 2. Organizational maintenance of investigation of criminal case at the conclusion of the pre-judicial cooperation agreement
  3. Chapter 1. THEORETICAL BASES of CRIMINALISTIC MAINTENANCE of ACTIVITY of the INSPECTOR ON APPLICATION of NORMS ABOUT the SPECIAL ORDER of the CRIMINAL TRIAL AT the CONCLUSION THE PRE-JUDICIAL COOPERATION AGREEMENT
  4. Hamidullin Ruslan Sibagatullovich. CRIMINALISTIC MAINTENANCE of ACTIVITY of the INSPECTOR ON APPLICATION of NORMS of the SPECIAL ORDER of the CRIMINAL TRIAL AT the CONCLUSION of the PRE-JUDICIAL COOPERATION AGREEMENT. The dissertation On competition of a scientific degree of the master of laws. Ekaterinburg, 2018, 2018
  5. § 1. Activity of the inspector at the conclusion of the pre-judicial cooperation agreement as object of criminalistic research
  6. Chapter 3. TAKTIKO-KRIMINALISTICHESKY MAINTENANCE of ACTIVITY of the INSPECTOR ON APPLICATION of the SPECIAL ORDER of the CRIMINAL TRIAL AT the CONCLUSION THE PRE-JUDICIAL COOPERATION AGREEMENT
  7. Chapter 2. SCIENTIFICALLY-METHODICAL And ORGANIZATIONAL MAINTENANCE of ACTIVITY of the INSPECTOR ON APPLICATION of NORMS ABOUT the SPECIAL ORDER of the CRIMINAL TRIAL AT the CONCLUSION THE PRE-JUDICIAL COOPERATION AGREEMENT
  8. § 3. The tactical operations used by the inspector at the conclusion of the pre-judicial cooperation agreement
  9. § 1. Typical investigatory situations and the basic directions of investigations of crimes in case of the conclusion with the suspect, convicted the pre-judicial cooperation agreement
  10. § 2 Concept, value of tactical reception, an optimality of its choice and application of pre-judicial manufacture on criminal cases in The relation of minors
  11. Concept of criminalistic maintenance of investigation mnogoepizodnyh crimes investigatory-operative groups and their classifications
  12. § 3 Kinds of strategy of protection in pre-judicial manufacture on criminal cases concerning minors
  13. Genesis of the judicial review which is carried out by the investigatory judge behind pre-judicial investigation in international legal certificates, in criminal trial of the countries distant and the near abroad and Republic Kazakhstan
  14. CHAPTER 1. CONCEPT And the JUDICIAL REVIEW PLACE, OSUSHCHESTVLJAEMOGOSLEDSTVENNYM the JUDGE BEHIND PRE-JUDICIAL INVESTIGATION In SYSTEM of JUSTICE of REPUBLIC Kazakhstan
  15. Features of the remedial status of the investigatory judge: concept, value and essence of its powers of pre-judicial investigation
  16. CHAPTER 2 STRATEGIC BASES OF TACTICS OF PROTECTION IN PRE-JUDICIAL MANUFACTURE ON CRIMINAL CASES CONCERNING MINORS
  17. CHAPTER 3 REALIZATION OF TACTICS OF PROTECTION AGAINST CHARGE IN PRE-JUDICIAL MANUFACTURE ON CRIMINAL CASES CONCERNING MINORS
  18. CHAPTER 1 GENERAL PROVISIONS OF TACTICS OF PROTECTION AGAINST CHARGE IN PRE-JUDICIAL MANUFACTURE ON CRIMINAL CASES CONCERNING MINORS