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§ 2. Organizational maintenance of investigation of criminal case at the conclusion of the pre-judicial cooperation agreement

Organizational maintenance as a structural element of criminalistic maintenance of investigation of crimes is allocated with many authors - With. R.Akimov, R.G.Aksenov, I.T.Belov, A.F.Volynsky, E.K.Gorjachev, V.D.Zelensky, S.N.Yesin, A.N.Sretentsev, P.T.Skorchenko, V.J.Sokol, A.J.Erekaev, etc.

the analysis of their works allows to draw a conclusion, that organizational maintenance of investigation of criminal case at the conclusion of the pre-judicial cooperation agreement includes three elements:

1) an administrative element, i.e. Creation of optimum organizational-administrative structure of investigation;

2) planning of investigation proceeding from an investigatory situation;

3) interaction of the inspector with the operative device.

Concerning the first element it is necessary to note the following. Today DSoS consist on difficult mnogoepizodnym to criminal cases concerning the organised criminal group, and also for disclosing and investigation of corruption crimes. And at application of given norm UPK the Russian Federation the organisation of investigation of criminal case gets certain specificity. It consists in necessity of the decision the inspector of set of intermediate problems, beginning from check of indications of the person who have concluded DSoS, before maintenance of safety of the suspect (convicted) and its relatives. It causes, including, increased requirements to qualification of the inspector, in whose manufacture there is such criminal case, regarding presence at it not only experience of investigatory work, but also ability optimum to organise interaction with the operative device and other participants of the criminal trial. Otherwise frequently there is a tightening of terms of the preliminary investigation, caused by necessity of carrying out of additional investigatory actions, and also irrational use of forces and means at revealing of the questions which do not have, in effect, evidentiary value.

So, 64 % of the inspectors interrogated by us among the circumstances promoting successful manufacture of preliminary investigation at conclusion DSoS, have specified in necessity of the competent organisation of work of investigatory-operative group and its interaction with agency in charge of preliminary investigation. The research besides, carried out by us has shown, that preliminary investigation term on criminal cases as a result of conclusion DSoS was enlarged till 3 months in 11 % of cases, from 4 to months - in 25 %, from to 12 - in 42 %, over 12 months - in 21 % of cases. This term was not enlarged in 1 % of cases. Among the bases of prolongation of preliminary investigation are allocated: necessity of performance of great volume of investigatory actions (45 %), necessity of check of indications of the person who have concluded the pre-judicial cooperation agreement (33 %), duration of the appointed expert testimonies in court, documentary checks and audits (13 %), other circumstances (9 %) (see enc. 2).

It speaks that in most cases at conclusion DSoS the person informs on additional episodes, about other persons involved in fulfilment of crimes. Therefore on "working off" and fastening of evidentiary base on other episodes, and also on an establishment of a site of other persons and their detention the consequence should spend a lot of time. If the person does not conclude DSoS and will refuse evidence, having taken advantage of the right provided by item 51 of the Constitution of the Russian Federation, the inspector together with the operative device should establish independently additional episodes of criminal activity and other persons involved in them.

But through short time the inspector will be forced to direct criminal case concerning the first person to court, if necessary having allocated in separate manufacture criminal cases concerning unstated persons. For presentation we will result some examples simulated at generalisation of results of research of criminal cases.

Situation Ns 1. On suspicion in fulfilment of secret plunder of the car «Lend Kruzer» Petrov is detained. The inspector gives the commission to check up to agency in charge of preliminary investigation Petrov on participation in fulfilment of similar crimes. During operatively-search actions Petrov's possible participation in fulfilment of a similar crime in the next region is established. The inspector, having interrogated the suspect, suggests it to conclude "transaction", on what after consultation of the defender that answers with the consent. After that the public prosecutor concludes with Petrov DSoS on which conditions last is obliged to inform on five episodes of secret plunder of cars in the next regions and about participation in Sidorov's given crimes and Elafeeva.

In such situation the inspector is forced to address to the head of the organ of inquiry with the official report about creation on the given criminal case of investigatory group in connection with neobhodimostvju vvtolnenija bolvshogo quantities следственнвіх and others protsessualvnyh actions, an establishment and Sidorov's detention and Elafeeva, departure in business trip in other regions, performance bolvshogo volume of the technical work connected with allocation of criminal case concerning Petrov in separate manufacture, and also, at necessity, maintenance of its safety etc. In a similar situation preliminary investigation term considerably will increase, as it will be necessary to constitute the decision about attraction as convicted and indicting to all participants of the organised group, to fulfil requirements of item 217 UPK the Russian Federation about acquaintance of all convicted with materials of criminal case and material evidences and to constitute the bill of particulars. As a rule, preliminary investigation term on such criminal cases would constitute from till 12 months [90].

Situation Ns 2. In a similar situation on the offer of the inspector to conclude DSoS Petrov refuses, evidence refuses or gives evidence about the non-participation in a crime. The inspector tries to receive proofs of participation of Petrov to fulfilment of other similar crimes, but because of deficiency of the information connected, for example, with absence of witnesses or victims or because of prescription of events to it it to make it is not possible. Then the inspector is forced to direct to court criminal case on Petrov's charge only in car plunder «Lend Kruzer». The Term of investigation in this case will average 3 months. But other crimes remain not opened.

Situation Ns 3. During OPM Petrov's participation and other persons to fulfilment of secret plunder of the car «Lend Kruzer» and five more similar criminal actions in the next regions is established. On the offer of the inspector to conclude DSoS Petrov refuses, refuses evidence or gives evidence about the non-participation in crimes.

In such situation there is a necessity for creation sledstvennooperativnoj groups to which should collect literally on particles the significant information and proofs, having spent thus set of investigatory and other legal proceedings and the operatively-search actions directed on check of various versions, facing with constant counteraction from the suspects convicted and their defenders. Such course of events at the best will lead to the same results, as in the first example, but at bolshem use of forces and means, and the term of investigation, as a rule, will be more than 12 months. In the worst case the part of episodes remains not proved, a site of persons and the stolen property to establish it will not be possible.

Among other factors influencing duration of investigation of criminal cases in case of conclusion DSoS, the inspectors interrogated by us named mnogoepizodnost (76 %), nesozdannost on business sledstvennooperativnoj groups (11 %) and inadequate technical equipment of investigatory divisions (13 %) (see enc. 3).

It is thought to minimise influence of the specified negative factors, criminal cases on which possibility of conclusion DSoS is supposed, should be transferred in manufacture to the senior inspectors or inspectors on especially important criminal cases as to the most skilled employees who have been not charged with investigation of insignificant and obvious crimes and, as consequence, having possibility to concentrate the basic efforts to the organisations of investigation both the subsequent gathering and fastening of the necessary evidentiary information.

Considering questions of the organisation of investigation of criminal cases at conclusion DSoS, it is necessary to stop on administrative aspect of manufacture on them of preliminary investigation. So, according to the interrogation of inspectors spent by us for investigation of similar criminal cases in 43 % of cases preliminary investigation manufacture is entrusted to investigatory group, in 34 % the special investigatory-operative group is created and in 23 % the inspector independently investigates criminal case. It speaks that Offices of Public Prosecutor on places is rather critical concern petitions of suspects (convicted) about conclusion DSoS and do not draw the consent to its conclusion, wishing to be convinced of real necessity of such cooperation. And real necessity arises in that case when the person who has declared this petition, is ready to inform on crimes unknown to a consequence, and the more them will be named, the above probability of making agreement, so also exposures of accomplices, rendering assistance in an establishment of the stolen property.

In a similar situation before the inspector great volume of work which is problematic to observe to one in statutory terms appears. Just these circumstances also cause creation on criminal case of investigatory or investigatory-operative group. The head of the organ of inquiry takes out the decision about creation of investigatory group (further - SG) which head the most skilled employee (the senior inspector or the inspector on especially important issues) is appointed. The structure of investigatory group depending on prospective volume of work joins, as a rule, two and more inspectors. We will notice, that on many criminal cases on charge of the several suspects, convicted time structurally functional links (investigatory and investigatory-operative groups (further - SOG) in which structure join some inspectors and operative employees are created. It becomes for realisation of some the tactical operations directed on synchronous detention, carrying out of simultaneous searches, election as suspect (convicted) a preventive punishment in the form of taking into custody etc.

If on criminal case on which it is concluded DSoS, it is required to perform great volumes of the operative work directed on carrying out of verifying purchases with participation of the person, concluded DSoS, listening of telephone conversations, an establishment and detention of organizers, executors, intermediaries, suppression of new crimes etc., in this case the joint order of departments, for example FSB of the Russian Federation and SKR, is created investigatory-operative group which structure joins inspectors CKP and field investigators of FSB. On criminal cases, podsledstven - HBiM to inspectors of the Ministry of Internal Affairs of the Russian Federation, it is investigatory-operativnv_e группві frequently are created by the order of the authorised head of the Ministry of Internal Affairs of the Russian Federation, for example the order nachalvnika GU the Ministry of Internal Affairs of Russia on Sverdlovsk area; such order structure SOG joins inspectors and field investigators of the Ministry of Internal Affairs of the Russian Federation.

The analysis изученнвіх уголовнвіх affairs has shown, that следственнвіе and a trace - stvenno-operativnv_e группві are created, when after conclusion DSoS, proceeding from its positions, the volume of the work necessary for vvgaolnenija becomes clear. zdesv the administrative aspect of organizational maintenance dejatelvnosti the inspector is brightly shown. Heads SG or SOG should postroitv work thus, чтобві obespechitv check and effective realisation of positions DSoS. C our point of view, the optimal work SG or SOG on the criminal has put at conclusion DSoS is at following distribution of duties between its members:

1) head SG or SOG:

Plans an investigation course on criminal case, and also supervises performance of the instructions by other participants SG or SOG;

Concentrates all information received by other participants of group during manufacture OPM and legal proceedings;

Independently spends investigatory actions concerning the suspect (convicted), concluded DSoS, and if necessary - and other accomplices. It is very important to interrogate the person who has concluded DSoS carefully; it will allow to receive great volume of the significant information and simultaneously to be convinced of truthfulness of its indications. Being based on such indications, head SG (SOG) can build the optimal way of investigation of criminal case. Besides, at carrying out of confrontations between the person who has concluded DSoS, and those whom he exposes, it is necessary to select optimum tactics of their carrying out that the most skilled and prepared employee can make;

2) the inspector (some inspectors - members of group):

Spends searches and dredging;

Carries out survey and familiarising of subjects and documents to materials of criminal case as proofs;

Receives detailed elaborations of telephone connections of subscribers and spends their survey;

Spends interrogations of witnesses and the victims suspected and convicted;

Spends checks of indications on a place, identifications, confrontations with the witnesses who have sustained, suspected and convicted;

Carries out survey of soundtracks of listening of telephone conversations;

Performs technical work on criminal case (copying and preparation of materials of criminal case for election of a preventive punishment and prolongation of holding in custody suspected and convicted), and also the technical work connected with preparation of materials for reception of the leave of court on manufacture of investigatory actions, demanding judicial authorisation;

Constitutes and directs inquiries in various establishments and supervises reception of answers;

Leads gathering of a characterising material on suspected and convicted;

Fulfils item 215 requirements, 216, 217 UPK the Russian Federation about acquaintance with materials of criminal case and material evidences convicted and victims;

Spends technical work on allocation (to copying and assurance) materials of criminal case concerning the person who have concluded DSoS, it. d.;

3) operupolnomochennye:

Check the information received from the suspect (convicted), concluded DSoS;

Establish and deliver witnesses;

Establish and detain accomplices;

Inspect participants группві or organised группві on participation in fulfilment of other crimes.

Vtorvsh an element of organizational maintenance of investigation ugo - лоBHBix affairs at the conclusion of the pre-judicial cooperation agreement is planning of investigation starting with developed investigatory situations.

The careful analysis and estimation of the developed investigatory situation are conditions of successful investigation of any crime. Planning as an element of organizational maintenance should be based on an estimation of an existing investigatory situation and to consider its possible changes in the future as a result both realisations of the planned plan of investigation, and actions of the party resisting to the inspector if the conflict situation is available. Constant observance of this condition in the course of planning also provides its dynamism [91].

Planning is organizujushchim and the directing beginning in investigation, means of purposeful search of proofs. It consists in correct and timely definition of problems of investigation, construction of versions, working out of ways and ways of their check, in maintenance of as much as possible wide use of scientific and technical means and the most expedient tactical receptions. Planning urged to define, what investigatory actions are necessary for a true establishment on business, in what sequence and how tactically most correctly to spend them, to provide disclosing and objective investigation of criminal case.

Competent planning gives the chance to make investigation purposefully and purposefully, allows to complete an investigation in statutory terms, disciplines the inspector, provides completeness of a consequence, at last, promotes the decision of the primary goal of the organisation of work of the inspector - to reception of the maximum effect at the least expenses of time, forces and means. Thanks to planning, investigation process passes more uporjadochenno.

Investigation planning is understood as the cogitative activity directed on definition of its volume, limits and a subject, sequence of manufacture of investigatory and other actions.

UPK the Russian Federation accurately defines a circle of the circumstances which are coming under to an establishment and proving at criminal proceeding. Them concern: event of crime, guilt of the person in committing a crime, the circumstances characterising the person convicted, character and the size of harm, caused by a crime, etc. All these circumstances should find reflexion in respect of investigation. Therefore at its drawing up it is necessary to imagine accurately all circle of questions which come under to an establishment on the given criminal case. Such approach allows to avoid blanks in investigation.

Planning basic purpose - careful check of all put forward versions. Therefore the planning basis is constituted by investigatory versions. Planning is difficult and very important stage for the investigation, having the big practical value. Answers to the questions put at planning receive during manufacture of investigatory actions, operatively-search actions and other actions which carrying out is provided in respect of investigation. Thus the basic role in reception of such answers is taken away to the investigatory actions which character is defined by the concrete circumstances which have developed for the certain moment of investigation. For finding-out of the concrete circumstances entering into the ultimate fact, it is necessary to plan proiz - vodstvo разнообразнвіх следственнвіх actions. It, as a rule, поввішает reliability полученнвіх rezulvtatov.

In сложнвіх, МНОГОЭПИЗОДНВ1Х уголовнвіх affairs, on kotorvsh consists DSoS, it is constituted neskolvko investigation plans: the general for all business, планві on episodes, on convicted and so forth As a rule, to them is applied an illustrative material: the scheme the criminal of communications, схемві episodes on everyone convicted, the scheme of document circulation and t. And. Objazatelvno it is necessary sostavljatv the plan of check of indications, которвіе the suspect or obvi - njaemvsh, concluded DSoS gives.

L.J.Drapkin depending on character of organizational-administrative and tactical problems of investigation ввіделяет five основнвіх levels, or kinds, planning. We will designate them from positions of our subjects.

1. The carrying out plan otdelvnogo investigatory action. Concerning the person who have concluded DSoS, it is expedient sostavljatv the plan of each investigatory action.

2. Planning of tactical combinations. In некоторвіх cases on ugolovnvsh to affairs, in frameworks которвіх there is a prospect of conclusion DSoS or the agreement is already concluded, such purposes as attraction to cooperation of the suspect (convicted), conclusion DSoS, check of indications of the person who have concluded DSoS, maintenance vvgaolnenija conditions DSoS, can dostigatvsja by carrying out of a tactical combination, thus without its planning not obojtisv.

3. Planning of tactical operation. For our research ak - туалвнві three tactical operations also are considered: «Attraction of the person to dobrovolvnomu to cooperation by the conclusion of the pre-judicial agreement»; «Check of indications of the person, with kotorvsh the pre-judicial cooperation agreement», «Maintenance of safety of the suspect (convicted), concluded the pre-judicial cooperation agreement») is concluded,

4. Planning on otdelvnom an investigation stage (pervonachalvnvsh, the subsequent, finishing). On ugolovnvsh with prospect of conclusion DSoS depending on investigation stages it is possible for affairs ввіделитв planning before making agreement.

5. Planning of all process of investigation. Such planning is effective, when inspectors with bolvshoj a probability share expects development dalvnejshih собвітий on criminal case, including assumes possibilities of conclusion DSoS.

Process of planning of tactical operation, according to L.J.Drap-kina, вві looks as follows:

Definition of a direct problem of operation;

Establishment and concrete definition of the resources, at the disposal of the inspector, and their parity with neposredstvennvshi problems;

Working out of variants of carrying out следственнвіх, organizational - подготовителвHBix, operatively-rozv_sKhBix and other actions;

Definition непосредственнвіх executors and terms ввтолнения1. Last, final element of organizational maintenance of investigation of a considered kind of criminal cases - working out of the recommendations directed on increase of efficiency of interaction of subjects, chvja dejatelvnostv is directed on ввіявление, раскрвітие and investigation of crimes, as among themselves, and with other subjects promoting them in this activity. With other participants of disclosing and investigation of crimes in the criminalistic and criminal procedure literature big enough attention [92 [93] in this connection we will pass at once to consideration of such interaction at investigation уголовнвіх affairs is paid to concept and forms of interaction of the inspector, on kotorvsh consist досудебнвіе cooperation agreements.

On dannvsh the moment interaction of the inspector with operativnvsh the device is under construction on positions criminally-protsessualvnogo zakonodatelvstva, Federalvnogo the law «About operatively-rozv_sknoj dejatelvnosti» 1, regulating первостепеннвіе directions specified dejatelvnosti, and also внутриведомственнвіх нормативнвіх правоввіх certificates of the Ministry of Internal Affairs of Russia. Zdesv that though the principle непрервівности interactions should sobljudatvsja at all stages predvaritelvnogo consequences to a criminal case direction in court, on izuchennvsh us ugolovnvsh is necessary obratitv attention for affairs interaction of the inspector and agency in charge of preliminary investigation osushchestvljalosv: as a whole to a criminal case direction in court - in 19 % of cases, before indicting - in 41 %, to an establishment and detention of one of accomplices - in 22 % of cases. After excitation of criminal case it not osushchestvljalosv in general in 18 % of cases.

Besides, the criminal has put studying has allowed sdelatv вві waters about presence of lacks of the organisation of interaction of the inspector with agency in charge of preliminary investigation. So, if at level sledstvennvk parts GSU on regions and krupnim to cities and operatively-rozv_sKhBix parts of divisions corresponding the field investigator interaction or operative support is carried out vplotv to vvshesenija a sentence in court at regional and interdistrict levels with its organisation exist проблемні.

Because of the inadequate organisation of interaction within the limits of manufacture poruchaemvk operativnim to workers of investigatory actions or from - for formalvnogo the approach to operative support the criminal has put at their investigation quite often there are notable complexities. The similar phenomena in a science to criminalistics have received the name «interaction errors» [94 [95].

So, frequently after excitation of criminal case in the course of proving резулвтатві operatively-rozv_sknv_h actions not ispolvzujutsja in general, and in некоторвіх cases because of them неполнотві it is necessary inspectors repeatedly provoditi следственнвіе the actions earlier charged to agency in charge of preliminary investigation.

However vinitv in it tolvko the field investigator of workers is not necessary. Sometimes inspectors, abusing the right, charge to agency in charge of preliminary investigation provoditi as item 38 UPK the Russian Federation следственнвіе actions, the importance to - торвіх can otsenitv tolvko itself inspectors in aggregate with available on business dokazatelvstvami while the operative worker at vypol - nenii commissions can not ввіяснити this or that obstojatelvstvo.

For example, in некоторвіх cases inspectors charges to agency in charge of preliminary investigation priznati the person to victims and doprositv it in the given status. At once there is a fair question why inspectors cannot take out itself the decision about a recognition of the person victim, lead it iskljuchitelvno the remedial document. But the most important question zdesv another. Crimes organised группві обвічно are made enough having combined ways that causes necessities as осмвісления most схемві their fulfilment, and definition potentsialvnoj базві доказвівания. Thus indications of the victim are osnovnim a source of reception of many dokazatelvstv. So, the victim can nazvati дополнителвнвіх witnesses of crimes, nazvati важнвіе dokumentv і, которвіе can nahoditisja as at it (that svidetelvstvuet about necessity of their immediate withdrawal), and at other persons, rasskazatv about the organisations participating in fulfilment of crimes, about a place of their arrangement etc. All it demands de - talvnogo ввіяснения with the subsequent nezamedlitelvnoj check. Therefore, in our opinion, operativnvsh to workers должнві poruchatvsja investigatory actions tolvko so назвіваемого «ispolnitelvskogo character», not demanding detailed knowledge of criminal case and the commissions limited to the maintenance.

Attraction suspected or convicted to cooperation by the conclusion with it of the pre-judicial agreement in conditions when it dejstvi - telvno is necessary, - an uneasy problem which органві predvaritelvnogo consequences должнві reshatv together with operativnvsh the device. The inspector together with operativnimi employees needs to develop the plan of manufacture of investigatory actions and operatively-search actions for object in view achievement (the conclusion of the pre-judicial cooperation agreement). In many respects tactics of attraction suspected or convicted to cooperation depends from developed on the given stage of investigation of an investigatory situation according to which will be carried out interaction with the operative device and planning of preliminary investigation.

In the legal literature the question on classification of forms of interaction of the inspector and agencies in charge of preliminary investigation was considered неоднократно1. So, I.F.Gerasimov differentiated these forms on remedial and organizational-tactical [96 [97]. However not only organizational, but also remedial forms of interaction possess the tactical maintenance. We will consider them with reference to activity of the inspector at conclusion DSoS in more details.

1. Execution of written commissions of the inspector about carrying out of operatively-search actions, manufacture of separate investigatory actions, decisions about detention, a drive, arrest, manufacture of other legal proceedings (and. 4 ch. 2 items 38 UPK the Russian Federation). One of prime commissions of the inspector to operative workers at investigation of robberies and the robberies made by organised group, - an establishment of a site of known members of group, revealing and search of unknown persons.

Thus the inspector does not specify, what particularly operatively-search actions should be used, i.e. In a choice of means, methods and definition of tactics of operatively-search activity operative workers are completely independent.

The greatest effectiveness of commissions is shown in execution of a drive as item 113 UPK the Russian Federation and maintenance of an appearance of participants of criminal trial, an establishment of participation of the involved person to fulfilment of other crimes. And if the first has exclusively «performing character» the second is directly connected with carrying out ORM.

Directing the commission to agency in charge of preliminary investigation about manufacture of interrogations, the inspector often does not specify, which questions should be found out, managing, for example, such phrases on duty as «to Interrogate on circumstances of criminal case» or «to Interrogate about all known facts», thereby relying on competence of operative workers. As a result interrogations are spent is incomplete, that causes of carrying out further additional interrogations and unreasonable prolongation of terms of investigation of criminal case. For this reason, in our opinion, on criminal cases at conclusion DSoS (experts of various financial institutions, administrations of local government, etc.), and the most important witnesses, and also suspects (convicted) the inspectors having a high professional standard and knowing a subject of investigation spent by them should spend interrogations of victims, the persons possessing special knowledge only.

2. Execution of commissions of the inspector inspecting a scene: on prosecution of criminals, the organisation of ambushes, other protecting actions, a cordon of a scene, a place of manufacture of a search etc. Operative workers carry out also actions for search of eyewitnesses and witnesses, to search of the stolen property, interrogate eyewitnesses. Непосредственнвій kontrolv the inspector for vypolneni - I eat its commissions, as a rule, leads polozhitelvnvsh rezulvtatam.

3. Participation of the operative worker in investigatory action (ch. 7 items 164 UPK the Russian Federation). Оперативнвіе workers оказвівают pomoshchv to the inspector at carrying out СЛОЖНВІХ and labour-consuming следственнвіх actions, ВВІ on l njajut commissions during these actions, in a course следственнвіх experiments, obys - kov, checks of indications on a place etc. Frequently presence the field investigator of workers during carrying out следственнвіх actions (interrogation podozre - vaemyh, the resident student of rates) gives положителвнвіе results as they have original "authority" on the criminal environment, and on their presence suspects are more inclined to cooperation with the inspector, show much smaller aggression.

4. Joint cooperation in investigatory group. As a rule, at conclusion DSoS preliminary investigation manufacture on criminal case because of its complexity or great volume of work is entrusted to investigatory group (ch. 1 items 163 UPK the Russian Federation). Officials of the bodies which are carrying out operativnorozysknuju activity can be involved In work of investigatory group (ch. 2 items 163 UPK the Russian Federation). Usually it is caused by necessity of manufacture of considerable number of the operatively-search actions providing remedial activity of inspectors. The investigatory group is the optimal organizational formation of inspectors, operative workers and the experts, created for effective carrying out of initial investigatory actions and operatively-search actions with a view of disclosing and investigation of a crime [98].

So, on the criminal case initiated upon armed assault on the security guard of wholesale shop, the general version about its fulfilment by any organised group has been put forward. However concrete versions have not been put forward, investigation was led actually besplanovo. Only after creation of investigatory group and carrying out under the planned plan of operatively-search actions and investigatory actions it was possible to establish implication in a crime of the organised group of Repin, and after the conclusion with it DSoS to receive proofs of its participation in five episodes [99].

In investigatory group much more often, than at other forms of interaction, arises not only the high form of organizational orderliness, but also an optimum psychological microclimate that speaks coincidence global and the local purposes, and also individual interests of each of its members. As a result there are conditions for occurrence of well balanced and effectively operating commonwealth - the rallied collective in which there should not be contradictions and personal collisions, and disputes and objections are caused only by aspiration as it is possible is better and to solve problems facing to group faster:

To optimise management of process of disclosing and investigation of crimes;

In due time and quickly to react to the information arriving on various channels on crimes, persons, their made, and other important circumstances;

In due time and effectively to spend initial investigatory actions, first of all scene survey;

To organise carrying out of tactical operations of search type on search of carriers of the criminalistic information, and also detention of criminals;

To optimise the all-round analysis of the information for construction of perspective search versions and investigation planning;

Effectively and quickly to spend parallelvnuju check vvshchvinutyh следственнвіх and operatively-rozv_sKhBix versions;

obespechitv maksimalvnuju concentration and complex ispolzova - nie forces and means;

Successfully preodolevatv острвіе problem, конфликтнвіе situations and situations tactical риска1.

5. Execution of the commission of the inspector about manufacture розвіскнвіх actions by the agency in charge of preliminary investigation which is in other place (a city, region, the subject of Federation). Such commission should бвітв vvgaolneno in time not later than 10 days (ch. 1 items 152 UPK the Russian Federation).

In the legal literature назвіваются and инвіе формві interactions of the inspector and the operative worker, которвіе are comprehensible and for раскрвітия affairs of a category investigated by us:

Mutual consultations and discussion of results of combined action;

Mutual aid in fixing of results of investigatory actions, in an estimation of the evidentiary and focusing information;

Joint information-analytical work;

Joint acceptance of the tactical decisions directed on definition of the tactical maintenance of investigation [100 [101].

At the same time and the inspector not always in a condition qualitatively to organise interaction with agency in charge of preliminary investigation. Therefore here the role of the chief of investigatory division is rather considerable. It carries out coordination of interaction of the inspector and agency in charge of preliminary investigation. Sometimes during interaction there are conflict situations. In some cases inspectors try to shift completely crime disclosing on workers of inquiry, give its stereotypic commissions. Naturally, it ввізвівает at workers of inquiry an uncooperative altitude to them vvgaolneniju. With operativnvshi workers inspectors carry To the most effective forms of interaction: operative support throughout all investigation (40 %); constant information interchange (40 %); creation investigatory группві with participation of employees operatively-rozv_sknv_h bodies (20 %).

Interaction of the inspector and expert E.I.Yermolov truly offers rassmatrivatv as based on the law joint dejatelvnostv the subjects having the various competence, directed on overall aim achievement-raskrv_tie and investigation преступлений1. Certainly, however, that the difference in level of their knowledge is caused not by quantity studied and перечисленнвіх E.I.Ermolovoj of courses in law, and a special field of knowledge of the expert. Interaction of the inspector and the expert (expert) can be incidental, situational (directed on difficult situation overcoming on one of episodes) and to constants, but in any case it is reflexion of their communicative activity.

The major element of criminalistic tactics - interaction of the inspector and experts by manufacture of investigatory actions. Experts should show patience, a step, to differ logicality and criticality of mind, to be professionals and to realise a personal responsibility measure for results of the actions spent with their participation [102 [103]. The given kind of interaction can accept various forms and kinds:

In the course of survey of a scene the inspector pays attention of the expert to questions which it interest, and the expert helps the inspector to inspect purposefully, gives corresponding recommendations, together with it leads work on detection, fixings, to withdrawal and protses a sou alvnomu to fastening of traces and вещественнвіх dokazatelvstv;

By preparation and carrying out of interrogations the expert can pomochv to the inspector in explanation некоторвіх obstojatelvstv, установленнвіх on business (for example, the mechanism of formation of traces, a way of penetration into a premise or overcoming преградві etc.), nametitv the circle of the questions which are coming under ввіяснению at interrogated, to define tactical receptions of interrogation, has eaten edovatelv but stv questions and tactical receptions depending on emotsio - nalvnogo conditions interrogated, prokonsulvtirovatv the inspector on spetsialvnvsh to questions from различнвіх fields of knowledge, etc.

One of interaction forms is the direction investigatory agency as it should be ch. 4 items 21 UPK the Russian Federation pievmennogo inquiry in gosudarstven - нвіе, муниципалвнвіе, commercial and инвіе strukturn і [104]. Ohar the actor from vatv it it is possible as the mediated way of gathering of the help information which in dalvnejshem can бвітв it is defined by the inspector as the secondary evidence.

Along with separate materials of criminal case, documents, material evidences it is expedient to show answers to inquiries during carrying out of investigatory action for acknowledgement or a refutation, and also specification of indications of the interrogated.

The direction of inquiries saves time by search of the significant information in business among enough big circle of addressees (for example, a direction of inquiries in banks, tax organs for detection of settlement accounts of separate citizens and the organisations). And quite often inquiries are accompanied by the requirement not only to give the information, but also to put copies of documents which the inspector can analyse on their relevancy and the evidentiary importance, concentrate attention to the most important data and define the further course of investigation.

Thus, if necessary the information received from inquiry, the inspector can realise further by carrying out of certain investigatory actions (interrogation of the persons specified in obtained on demand documents, or manufacture of dredging of originals of the documents which copies have been attached to the answer to inquiry). The information of a similar sort can have focusing character (for example to contain separate characteristics of the guilty person) or to have evidentiary value. In the latter case these data will be a source of the significant information on the business, demanding the further remedial fastening as the proof.

Let's notice, that a situation when the inquiry does not bring desirable result, as a rule, it is caused by its incorrect drawing up. So, frequently in inquiries of inspectors is absent the reference to a standard source (UPK and other laws, for example FZ «About banks and bank activity») or the mark about the consent of the head of the organ of inquiry with an inquiry direction, is absent or the motivation of inquiry is insufficiently clearly stated. Similar factors allow the organisations to which inquiries of inspectors go, to evade from their execution. And though inquiry default attracts responsibility on item 17.7, 19.7 Codes about administrative violations, judiciary practice gives many examples when actions of inspectors admitted illegal, and the organisations and officials were released from administrative responsibility [105].

One more form of interaction is reception by the inspector konsulvtatsy. Necessities for them arises обвічно in cases when at the inspector are absent специалвнвіе knowledge in that area in which with - вершенві crimes, for example, in turn sphere zhilvja, i.e. In enough narrow опосредованнвіх the right areas. Given obstojatelvstvo, according to 36 % опрошеннвіх us of employees следственнвіх the divisions specialising in basic on the investigation of economic crimes, is one of the reasons enough продолжителвнвіх investigation terms уголовнвіх affairs. In this connection konsulvtatsii the expert, in our opinion, it is reasonable oblekatv in the form of such investigatory action, as interrogation of the expert, that is provided operating criminally-protsessualv - HBiM zakonodatelvstvom (and. 3.1 ch. 2 items 74 UPK the Russian Federation). The basic the purposes of interrogation of the expert - ввіяснение the questions entering into it professionalvnuju the competence.

The interaction form is also participation in следственнвіх actions of the expert.

Participation of the expert during carrying out predvaritelvnogo investigations zakonodatelvno is fixed in item 58, 80, 168, 270 UPK the Russian Federation. It is in detail enough considered in the scientific literature, therefore we will stop tolvko on некоторвіх the moments.

At the conclusion of the pre-judicial agreement of a role of the expert in this or that investigatory action in the first turns will be zakljuchatvsja in definition of positions, on kotorvsh will be zakljuchatvsja DSoS, and also значимвіх on business of documents and! Finding-out of an order of their registration. For example, during investigation of plunders of the property rights to real estate, with - вершеннвіх employees FRS of Russia at registration of the property rights, at the conclusion of the pre-judicial agreement with podozrevaemvsh (employee FRS) it is expedient privlechv the expert in sphere of registration of the rights to real estate for konsulvtatsii by positions DSoS, on kotorvsh the suspect can give the evidence, will help to open and investigate crimes.

At carrying out of survey of the withdrawn documents participation of the expert will be reduced to explanatories concerning value of each of documents, circumstances, sequence and correctness of their registration that will make spent investigatory action fuller.

At carrying out of interrogations of the witnesses suspected and convicted, confrontations and other investigatory actions the expert with the permission of the inspector can set to the person interrogated or participating in investigatory action questions that will allow to establish a picture of the committed crime more full. Participation of the expert is frequent promotes achievement of completeness and vsestoronnosti investigatory action, excludes possibility of its repeated carrying out.

Concerning such forms of interaction, as information interchange, oral consultations, etc., we will notice, that they are not remedial and have no evidentiary value though represent for the inspector certain interest as sources of the focusing information. Besides it, the given forms of interaction promote escalating at the inspector of volumes of knowledge in various spheres.

Thus, into the maintenance of organizational maintenance of investigation of criminal cases at conclusion DSoS enter:

^administrativnyj an element, i.e. Creation of optimum organizational-administrative structure of investigation;

2) planning of investigation of criminal case taking into account the developed investigatory situation;

3) interaction of the inspector with agency in charge of preliminary investigation, state, municipal authorities and services, officials and the various organisations.

The carried out analysis has shown, in particular, that for optimisation of an administrative element of organizational maintenance of investigation pre - stupleny at conclusion DSoS expediently to fix in Typical position about main investigatory managements GU the Ministry of Internal Affairs of subjects of the Russian Federation a duty of a direction of criminal cases at the conclusion of the pre-judicial cooperation agreement with two or more persons for preliminary investigation manufacture in the Investigatory part of Main investigatory management GU the Ministry of Internal Affairs of the subject of the Russian Federation.

Planning of investigation of criminal case at conclusion DSoS is necessary for considering as the process including the analysis of the initial information, promotion of versions and definition of problems of investigation, and also ways of their decision. A variety of ways of fulfilment of crimes the organised groups defines also a variety of investigatory situations which the inspector should face. Only on the basis of the deep analysis of the given investigatory situations, definitions of a circle of versions, means of their check it is possible to define a true direction of a course of investigation.

Within the limits of interaction of subjects of disclosing and investigation of crimes among themselves it is necessary to focus attention on the following. First, the most widespread form of interaction of the inspector with agency in charge of preliminary investigation during investigation of crimes at conclusion DSoS is performance of the commission of the inspector as item 38 UPK the Russian Federation which maintenance depends on the developed investigatory situation. Secondly, in such interaction operupolnomochennyj is the executor of the commission of the inspector in this connection last should not abuse the rights, i.e. Not to charge to agency in charge of preliminary investigation performance of exclusively remedial work and the most significant investigatory actions. Thirdly, necessity of creation of specialised investigatory-operative and investigatory groups on criminal cases at conclusion DSoS depends on an investigatory situation on each concrete criminal case.

Interaction of the inspector with the given structures, having the tse - lvju detection and fixing dokazatelvstvennoj information, explanation of the mechanism of the committed crime, is realised in such основнвіх forms, as reclamation of data, reception konsulvtatsy the expert, and also participation of the last in следственнвіх actions.

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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. Organizational maintenance of investigation of criminal case at the conclusion of the pre-judicial cooperation agreement:

  1. § 2. Concept and the maintenance Criminalistic maintenance of investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement
  2. § 1. Scientifically-methodical maintenance of investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement
  3. 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
  4. § 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
  5. 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
  6. 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
  7. 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
  8. § 3. The tactical operations used by the inspector at the conclusion of the pre-judicial cooperation agreement
  9. § 1. Activity of the inspector at the conclusion of the pre-judicial cooperation agreement as object of criminalistic research
  10. 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
  11. CHAPTER 3. REMEDIAL LIMITS of the JUDICIAL REVIEW In PRE-JUDICIAL INVESTIGATION of REPUBLIC Kazakhstan
  12. CHAPTER 1. CONCEPT And the JUDICIAL REVIEW PLACE, OSUSHCHESTVLJAEMOGOSLEDSTVENNYM the JUDGE BEHIND PRE-JUDICIAL INVESTIGATION In SYSTEM of JUSTICE of REPUBLIC Kazakhstan