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1. Interaction of the inspector and operative divisions in the course of investigation of bribery in the presence of the intermediary at a stage Criminal case excitation

Removal of the bill of particulars as the final result of investigation of crimes is interfaced to active and fruitful actions of investigatory agencies in initial days or even hours, after committing a crime.

Typification of stages of investigation is made from criteria of a criminalistic essence of the work which are carried out by the employee of investigatory agency.

Now classifications according to which designate two stages of investigation are recognised: initial - from excitation of criminal case before indicting; the subsequent - from indicting and interrogation as convicted before acquaintance and end of legal proceedings.

It is marked as three step structure of investigation which consists of following stages: primary, the subsequent, finishing.

The primary stage is directed to the aid in definition of circumstances of a crime, accumulation and studying of the fact sheet which what can be lost in the near future first of all concern. Hence, the primary stage appears similar to activity directed on detection and crime disclosing, on the purposes and problems as till the moment of excitation of criminal case, and it is direct after it.

For criminal case excitation about bribery as an occasion basically letters and statements of citizens act. The based weight from them, is statements of persons bribing containing data that it is already told or that should transfer it the extortioner of a bribe. Practice shows, that there are cases receipt of statements from officials with whom they explain, that to it offer a bribe. In most cases the given occasion finds expression in conditions when the bribe is offered to employees law-enforcement органов1.

Much less often in practice by an occasion to excitation of criminal cases act: statements of officials, establishments, the organisations; letters, articles, notes which are published in the press; the statement, messages of supervising bodies with instructions of certificates of audits and checks; revealing of bribery by judges, agencies in charge of preliminary investigation, inspectors, public prosecutors at realisation of the activity kasaemo investigations of other structures [131 [132].

The share of appearances with guilty perpetrators is insignificant. As a rule, it is the reference bribing which, confessing in made, hopes to avoid the responsibility for more grave crime.

When as the basis for criminal case excitation voluntary will of the citizen from which extort a bribe, the official on the basis of article 141 UPK the Russian Federation is necessary to registration a written statement which subscribes the applicant acts. In this statement the responsibility, which provided for the false denunciation is explained to the person, the explanation is made out by the report on gratis distum in which the corresponding mark becomes. The specified remedial document, is necessary to signing by the person who has accepted the statement and its person submitted. The statement is obliged to contain data, in what organisation carries out labour activity the person extorting a bribe for what realisation it is concrete actions (services), in what form, the official demands a bribe; where, under what conditions and when bribe transfer etc. will take place When as a bribe subject monetary denominations act, the sum instructions, naminala denominations, their quantity and numbers are obligatory, at assignation (thing), its signs the general and private [133] are described.

Criminal case excitation as the stage, under the general rule, consists in aggregate actions which preceded motivirovannomu to the question decision, at absence of strong reasons for criminal case excitation. The main objective of the specified check consists in detection of signs of a crime (item 144 UPK).

At the given stage the investigation plan to be obliged to is adjusted with the plan of operatively-search actions. On the given coordination is based successful investigations of crimes at which carrying out of a huge complex of confidential actions is necessary, actions, and also detention carrying out on the crime scene. As the plan application of means of a tehniko-criminalistic orientation which are necessary in detection, withdrawal should be provided, fixings of traces of bribery and its reception as on this category has put traces quickly are destroyed by perpetrators or deformed.

Interaction of the inspector and the divisions, carrying out operatively-search activity, are defined by a number of features which are shown at bribery investigation through intermediary, first of all, it is caused by that for investigation of these crimes huge importance has the prospecting actions spent by law enforcement bodies. The given specificity, is caused by unity of all interested persons thanks to which the given persons are interested not to break full silence concerning by-standers and in particular - in the relation to employees of law enforcement bodies. So as an investigation main objective that at the moment of its occurrence there was a necessary information base from which it will be simple to "convert" in proofs acts. It is achievable only at presence of sufficient skilful and labour-consuming work of divisions of law-enforcement services which are proxy on carrying out of the specified activity.

As feature of the given kind of illegal act that any data on realisation under the relation of bribers, bribetakers and their intermediaries of any actions by law enforcement bodies, places under the control any probability infiltration of data acts. Differently, the operating approach to investigation where the inspector receives key data file within the limits of carrying out of investigatory actions, can not give probable result, that is proofs on which basis it is possible to convict of committing a crime of certain persons. For success of investigation of the given kind of crimes there is a necessity that to the initial stage of investigation the inspector had enough great volume of data on a perfect crime - and not only. In particular, is better, that the inspector had also the information on position in it its each participant, specificity of mutual relations between them, and also other data which have possibility to appear necessary by preparation and realisation not only investigations, but also separate investigatory actions.

The basic condition at which there is a possibility zapoluchenija a considerable file of data, carrying out of operatively-search actions before criminal case excitation acts. Hence is important that actions were spent by operative employees according to the current legislation that monetary denominations or property in the subsequent have got material evidence position. Therefore, the main weight of the basic work on data gathering about a crime should be carried out during the period previous excitation of criminal case. N.A.podolnyj, calls the given period a preparatory stage to direct investigation of crimes. Giving reason for requirement

Accentuations of the given stage, it designates huge value operativnorozysknyh actions which are carried out before criminal case excitation. So, he writes: «By means of these actions all information necessary for the subsequent investigation is extracted, its bank which is used for planning at initial and subsequent stages of investigation» 1 is created.

The given information, probably to group in the basis, its appointments, on two categories: 1) about a crime and 2) the information, for use leading to success of carrying out of actions for collecting of proofs about a direct crime. Concerning the first category this information which during investigation can be transformed to proofs and she indirectly or directly pays attention to committing a crime or on circumstances of its fulfilment. The information specified in the second category is an information which does not pay attention, and does not concern a perfect crime, however acts essential owing to that can be applied further to carrying out of investigation or performance of separate investigatory actions.

The information received still before excitation of criminal case helps the prevention of cases of an information ambiguity at an initial stage of investigation. The given situation is characterised by that «bodies engaged in law-enforcement activity feel a sharp lack of the information» 2, it usually, appears at a primary stage of investigation of crimes and is connected by that the perpetrator had been made actions on concealment of traces. To the prevention of the given conditions promote, carried out even before criminal case excitation by which results the inspector gets the data, giving the chance prevention of the named situation. Obviously, that presence at essential volume of the information,

podolnyj, N.A.preparatory a stage to investigation of crimes / N.A.podolnyj//the Inspector. 2002. № 8. With. 19.

Which is received owing to carrying out of operatively-search actions even before decision-making on criminal case excitation, warns its shortages at an initial stage of investigation. Even if the given information also will not represent itself as evidentiary, it will promote reception of evidentiary base, that in advance will define efficiency of carrying out of separate investigatory actions, as consequence, extraction required for the permission of criminal case on the substance of proofs.

From here there is a question, what necessary size of the information should be provided till the moment of excitation of criminal case that there was a possibility to solve a problem of an initial stage of investigation. About a similar problematics, only concerning investigatory actions, narrates N.A.podolnyj, marking: «... Spent even over necessary investigatory action never can do much harm to investigation. One more moment: as the specified investigatory actions have been carried out, speaking in other words, whether thoroughly they have been planned, whether are correctly organised, as the inspector, etc.» has flexibly made investigatory actions 1. In this case the attention is turned on professionalism of the spent investigatory actions. Making a start from the above-stated, it is possible to conclude absolutely that in the relation to operatively-search actions objectively too the instruction - necessity of quality of their carrying out. The given requirement can be applied to quality of the information, received before criminal case excitation - the information should possess such qualities that during investigation, it could be useful to criminal case and permission investigation in essence.

Central in hierarchy of the bases for carrying out of operatively-search actions the legislature not casually named presence of the initiated criminal case, recognising its paramount importance [134 [135]. Because, in particular in the criminal trial the person, guilty in fulfilment of illegal act, is involved in the criminal liability that follows from problems of operatively-search activity. Meanwhile, to involve the person in the criminal liability it is admissible only at crime disclosing, in this case at an establishment of the perpetrator, its made, under means of reception of evidentiary data, for the given purpose and operatively-search activity is calculated. Undoubtedly, crime revealing vypolnimo at the adjusted performance of investigatory actions and operativnorozysknyh actions. For this reason the major value has maintenance of the inspector with the necessary operatively-search information and rational and as its effective utilisation for criminal trial, mainly at investigation difficult, mnogoepizodnyh, disguised crimes 1 as «operativnorozysknye the materials involved in process of proving, give the chance in enough short term and not breaking legislation to get remedial proofs» [136 [137]. In the specified case operativnorozysknye actions essentially increase productivity of the investigatory actions, the specified actions are aimed at data acquisition on the initiated criminal case which represents the necessary basis of their carrying out [138].

The fixed assets providing the highest quality of the information which is got before criminal case excitation, coordination of actions between the inspector and divisions of law enforcement bodies acts, whose powers include carrying out of operatively-search actions. So, from ch. 1 item 144 UPK the Russian Federation, follows, that to the inspector, the head of the organ of inquiry, the investigator, the agency in charge of preliminary investigation is offered to check up and accept the message on any preparing or perfect crime, within the limits of their competence established by the Code of Criminal Procedure of the Russian Federation, to pass on it the decision in the put term which should constitute no more than 3 days, from the date of when the specified message has arrived. At the same time, the same norm specifies, that by manufacture of check of the message on a crime inspectors, heads of the organ of inquiry, investigators, agencies in charge of preliminary investigation have the right to order manufacture of documentary verifications, researches of documents, subjects, corpses, manufacture of audits and to invite to participation in these documentary verifications, researches of documents, subjects, corpses, manufacture of audits of experts, to transfer to agencies in charge of preliminary investigation obligatory for execution written commissions about carrying out of operatively-search actions (ch. 1 items 144 UPK the Russian Federation). From here follows, that manufacture of operatively-search actions realizable and before excitation of criminal case on the basis of the instruction of the inspector that means indispensability of interaction of the inspector with structural divisions of law enforcement bodies.

Taking into consideration, that success of investigation of affairs is based basically on the information which is received even before criminal case excitation, and acquisition of the specified information is a result of strictly organised interaction of the inspector with structural divisions of law enforcement bodies which are capable to carry out qualitatively operatively-search actions, planning and coordination of such interaction, should be carried out even before criminal case excitation. Besides from the norm of the criminal procedure legislation stated by us follows, that the offer on such interaction should go from the inspector as last shows conditions of competent carrying out operativnorozysknyh actions. In other words, the incorporeal right of conditions of competent carrying out of actions for this reason he establishes is assigned to the inspector, which information is necessary for receiving by manufacture of operatively-search actions. At the same time, it is direct on it definition of a degree of quality of the made operatively-search actions and the information received by results of their carrying out is assigned. Considering the above-stated, the conclusion follows, that directly the inspector acts as the organizer of reception of the information before excitation of criminal case and at carrying out of operatively-search actions. Besides, it is possible even to insist, that the predominating role at information reception in the specified case is assigned to the inspector. At the same time the inspector should not be involved directly in process of carrying out and preparation of operatively-search actions. Nevertheless, the inspector puts the purpose which is carried out by these employees before employees of divisions of law enforcement bodies who carry out operatively-search activity, supplies a consequence with the necessary information.

Coordination of activity of the inspector and operatively-search divisions, is based on division of their powers. According to item 41 of item 5 UPK the Russian Federation the inspector is the official who is authorised on preliminary investigation realisation on criminal case, and having other powers provided by the Code of Criminal Procedure. Item 1 of the Federal act from August, 12th, 1995 № 144-FZ «About operatively-search activity», opens concept of operatively-search activity is the activity which is carried out publicly or privately operative divisions of the state bodies which on it are authorised FZ № 144-FZ «About operatively-search activity», consisting in carrying out of the operatively-search actions directed on protection of the rights and freedom of the person and the citizen, their life and health, and as properties and maintenance of safety of a society and the state from criminal trespasses. In addition in the item 3 Federal acts from August, 12th, 1995 № 144-FZ «About operatively-search activity» are regulated, that operatively-search activity is based on respect and observance of the rights and freedom of the person and the citizen, protection of the constitutional principles of legality, on principles of conspiracy, a combination of public and private methods and means. Stated coordination between the inspector and operatively-search divisions allows to conclude, that, is based that the inspector has no possibility in maintenance of the same privacy of investigatory actions which is reached at carrying out of operatively-search actions.

Moreover, the given coordination is based that the major part of investigatory actions cannot be executed before criminal case excitation whereas by means of carrying out operativnorozysknyh actions the law permits acquisition of the information. And, in the conclusion, specific feature of operatively-search actions, consists, in particular, in their efficiency in comparison with investigatory actions, besides is an interaction kernel at a stage previous investigation. Differently, only at coordination, such level of association which is capable to guarantee an establishment of circumstances of the committed crime is reached. And, the specified interaction is defined also by that «manufacture of operatively-search actions should aim that the result of carrying out of the specified actions should be used for creation of evidentiary base on criminal case» 1.

Success of coordination between the inspector and bodies which carry out operatively-search activity, provide further success of process of proving as at preliminary investigation carrying out, as and in court. Along with it, «the lack skoordinirovannosti between the inspector leading investigation, and employees of the law enforcement bodies which are carrying out operatively-search activity, is a source of that the guilty person or absolutely ducks out, or bears the punishment incommensurable to perfect it by act» [139 [140]. Simultaneously with it it is necessary to consider features of coordination of the inspector with employees who carry out operatively-search activity, at criminal case excitation. The given features consist that at the specified stage the inspector makes a start from an information minimum quantity to which it has access, under circumstances when it has no lawful possibility in a foresight of a great bulk of investigatory actions, therefore it is forced, completely to trust the information which is received at carrying out of operatively-search actions. The given features assume desirability of reception of the information much that, being based on it, it would be possible to state more unbiassedly an estimation of this information.

Discriminating feature of bribery through intermediary is coordination of actions between the inspector and the employees making operatively-search actions, at criminal case excitation. Thus as the purpose of the given coordination acts not only gathering of the information on already perfect crimes, but also it is direct about persons and relations between them. And the basic sign of check validnosti the received information is the information collected by results of carrying out of operatively-search actions. The given circumstance assumes manufactures of essential number operativnorozysknyh actions which should be consistent among themselves. Considering the specified purpose, already at the given stage there should be a plan of carrying out of operatively-search actions, and specified inspectors and employees of bodies who carry out operativnorozysknuju activity mean, that, should understand accurately problems and the purpose as most skoordinirovannosti, and it is necessary to collect what information at a preparatory stage to investigation of the given kind of crimes. Quality such skoordinirovannosti will be reflected in quality of the received information as a result of carrying out of operatively-search actions, and creation depends on presence kvalitativnosti information in the course of investigation of qualitative system of proofs. The given coordination should be reached already at a propaedeutic stage to investigation, in it and exclusiveness of investigation of bribery through the intermediary consists.

At realisation of verifying actions, the inspector gives to the body which is carrying out operatively-search activity the commission for carrying out of corresponding actions. If necessary the inspector, co-operating with the operative worker, can generate the plan of verifying actions of the bases directed on an establishment for criminal case excitation.

From here follows, that accurately organised and spent coordination of actions of the bodies which are carrying out operatively - search activity and the inspector at a stage of excitation of criminal case gives the chance to find out and fix in due time signs of criminal activity, to state certain displays of the specified activity a correct estimation, to find out directions and actions necessary for fastening of proofs, to define the best form and the moment of realisation of results of operatively-search actions and thus to generate preconditions for successful investigation of criminal case.

3.2.

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A source: MARDANOV Albert Nailevich. INTERACTION of the INSPECTOR And OPERATIVE DIVISIONS In the course of INVESTIGATION of BRIBERY IN THE PRESENCE OF the INTERMEDIARY. The DISSERTATION on competition of a scientific degree of the master of laws. St.-Petersburg - 2017. 2017

More on topic 1. Interaction of the inspector and operative divisions in the course of investigation of bribery in the presence of the intermediary at a stage Criminal case excitation:

  1. interaction of the inspector and operative divisions in the course of investigation of bribery in the presence of the intermediary at a stage Preliminary investigation
  2. principles of interaction of the inspector and operative divisions in the course of bribery investigation at presence The intermediary
  3. concept and value of interaction of the inspector and operative divisions in the course of bribery investigation at presence The intermediary
  4. CHAPTER 2. CONCEPT, VALUE, PRINCIPLES AND KINDS OF INTERACTION OF THE INSPECTOR AND OPERATIVE DIVISIONS IN THE COURSE OF INVESTIGATION OF BRIBERY IN THE PRESENCE OF THE INTERMEDIARY
  5. MARDANOV Albert Nailevich. INTERACTION of the INSPECTOR And OPERATIVE DIVISIONS In the course of INVESTIGATION of BRIBERY IN THE PRESENCE OF the INTERMEDIARY. The DISSERTATION on competition of a scientific degree of the master of laws. St.-Petersburg - 2017, 2017
  6. CHAPTER 1. THE CRIMINALISTIC CHARACTERISTIC OF BRIBERY IN THE PRESENCE OF THE INTERMEDIARY AS THE BASIS OF TACTICS OF INTERACTION OF THE INSPECTOR AND OPERATIVE DIVISIONS
  7. CHAPTER 3. STAGES OF INTERACTION OF THE INSPECTOR AND OPERATIVE DIVISIONS IN THE COURSE OF INVESTIGATION VZJATOCHNIMCHESTVA IN THE PRESENCE OF THE INTERMEDIARY
  8. tactics of interaction of the inspector and operative workers by manufacture of operative experiment on affairs about bribery at Presence of the intermediary
  9. tactical bases of interaction of the inspector with agencies in charge of preliminary investigation and other bodies at carrying out of legal proceedings before criminal case excitation
  10. kinds and forms of interaction of the inspector and operative Divisions
  11. criminalistic essence of a stage of excitation of criminal case
  12. a remedial and tactical order of use of results of legal proceedings before criminal case excitation at carrying out of preliminary investigation
  13. typical subjects, ways and the mechanism of formation of traces of bribery in the presence of the intermediary
  14. tactical possibilities of use of special knowledge at a stage of excitation of criminal case
  15. § 1. Refusal of a stage of excitation of criminal case
  16. § 3.1. FEATURES OF WAYS OF COLLECTING OF THE MATERIAL PROOFS IN THE STAGE OF EXCITATION OF CRIMINAL CASE
  17. § 1 Expert testimony in court in a stage of excitation of criminal case
  18. § 1. Use of the information presented in electronic form, for revealing and disclosing of crimes in a stage of excitation of criminal case
  19. 2.3. Organizational and tactical features of reception and use by the inspector of operatively-search and other information in a stage of excitation of criminal cases