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§ 1. Scientifically-methodical maintenance of investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement

Scientifically-methodical maintenance of investigation of criminal cases at the conclusion of the pre-judicial cooperation agreement has huge applied value. Accumulation and transfer разработаннвіх a science criminalistics of theoretical knowledge of persons, которвіе could go on the transaction with justice, about the most effective application of receptions and methods of collecting and ispolvzovanija dokazatelvstv on ugolovnvsh to affairs in cases of conclusion DSoS - the primary goal of scientifically-methodical maintenance of investigation уголовнвіх affairs of the given category. As a rule, this knowledge должнві nahoditi the reflexion in the scientific and methodical literature. But for today the literature devoted to corresponding subjects, not so it is a lot of.

After coming into force Federalvnogo of the law from June, 29th, 2009 № 141-FZ «About modification in Ugolovnvsh the code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation» in the Russian criminally-legal validity has appeared new for that period of time institute of the pre-judicial cooperation agreement. As well as many innovations, in the first years of existence of a wide circulation among pravoprimenitelej conclusion DSoS has not received. It has been connected with occurrence of set of disputable and debatable questions and problems to which the set of various researches subsequently has been devoted, including dissertational, but they concerned in the majority of the remedial party of a question.

Increase in quantity of criminal cases on which the new institute regulated gl was applied. 40.1 UPK the Russian Federation, it has been noted only after 2011 1 when process of formation of its uniform understanding and formation of steady practice of its application has begun. In the majority to this process promoted accepted with a view of an explanation of an order of application of norms gl. 40.1 UPK the Russian Federation the decision of Plenum of the Supreme Court of the Russian Federation from June, 28th, 2012 № 16 «About practice of application by vessels of a special order of proceeding of criminal cases at the conclusion of the pre-judicial cooperation agreement» and the order of the Prosecutor General of the Russian Federation from March, 15th, 2010 № 107 «About the work organisation on realisation of powers of the public prosecutor at the conclusion with suspects (convicted) pre-judicial cooperation agreements on criminal cases» which, by the way, nevertheless have not resolved all questions at issue arising at decision-making on cooperation at pre-judicial and judicial stages of the criminal trial.

At the same time in a criminalistic science the questions connected with DSoS, were investigated a little though in some researches the given theme partially was mentioned. So, in the master's thesis «Taktiko-Kriminalistichesky maintenance of compromise procedures» of I.A.Popova, carrying out rather-legal analysis of compromise procedures in the criminal trial in a context of their taktiko-criminalistic maintenance, for the first time addresses to DSoS from the point of view of a criminalistic science [79 [80]. It investigated the problems arising at achievement of the compromise between the parties of charge and protection, and DSoS considered as one of results of achievement of an object in view.

I.A.Popova, allocating подсистемві appointments of tactical receptions at concrete definition level protses a sou алвнвіх functions of investigatory tactics, speaks about trunk-call tactics or tactics of belief and tactical maintenance компромиссHBIX procedures in criminal trial as about the most effective at realisation of institute of the pre-judicial cooperation agreement, namely during negotiations on agreement conditions between the inspector, the public prosecutor, with one storonn і, and подозреваемвім (обвиняемвім), the defender - with another [81]. Zdesv it is necessary dobaviti, that приемві belief tactics along with receptions of tactics of maintenance, i.e. Tactics of creation of conditions for effective realisation of tactical receptions of direct influence (recognition ложнвіх indications, an establishment of psychological contact etc.), зффективнві and at attraction of the suspect (convicted) to dobrovolvnomu to a cooperation with the investigation by conclusion DSoS.

Studying of materials уголовнвіх affairs, on kotorvsh zakljuchalosv DSoS, allows us soglasitvsja with ввіводами to I.A.Popovoj that in practice of the indication against accomplices seldom detalvno are analyzed. Inspectors more doveritelvno concerns indications of the one who pervvsh begins izob - lichatv accomplices and пвітается itself opravdati. So, during the research carried out by us it is established, that from 138 уголовнвіх affairs, on kotorvsh at - menjalisv нормві gl. 40.1 UPK the Russian Federation, tolvko on 27 indications of the person who have concluded DSoS, tshchatelvno proverjalisv, in осталвнвіх cases this check бвіла is enough formalvnoj. I.A.Popova, analyzing уголовнвіе affairs, on kotorvsh primenjalisv нормві gl. 40 and 40.1 UPK the Russian Federation (судві Mockbbi and Ufa), has come to conclusion, that on group crimes (76 % изученнвіх of affairs) the indication обвиняемвіх, exposing accomplices (in 62 % of cases), бвіли polnostvju truthful deprive in 12 % of cases. To thicket davalisv partially правдиввіе indications, сопряженнвіе with the data directed on preumenvshenie own role in committing a crime (84 % of cases), in осталвнвіх cases in general were сообщенві polnostvju ввімвішленнвіе data (4 0Zo) 1.

Mbi have received аналогичнвіе резулвтатві during the analysis of materials ugo - лоBHBix affairs, рассмотреннвіх vessels of Sverdlovsk, Chelyabinsk, Kurgan, Leningrad areas, Republic Tatarstan and the Perm edge. Indications подозреваемвіх (обвиняемвіх) бвіли partially правдиввіми in 18 % of cases, but during the subsequent дополнителвнвіх interrogations and checks of indications on a place they utochnjalisv and dopolnjalisv, that gave the bases for preservation DSoS. In 8 % of cases of the indication of the persons who have concluded DSoS, javljalisv polnostvju the false. But even in правдиввіх indications persons giving them of hundred - ralisv preumenvshitv own rolv in committing a crime.

In 2012 has protected the master's thesis on a theme «Criminalistic maintenance dejatelvnosti the inspector on application of norms about the special method of adoption of a judgement at the consent convicted with predjav - lennvsh to it charge on ugolovnvsh to affairs about plunder» odnofamilitsa I.A.Popovoj - E.I.Popova. But it only partly kasalasv questions of criminalistic maintenance dejatelvnosti the inspector on application of norms about a special order of the criminal trial at conclusion DSoS [82 [83].

E.I.Popova writes, that inspectors, carrying out criminal case investigation about plunder, taking into account possibility of consideration of such business by court in a special order can realizovatv tactical operation «Ispolv - zovanie norms about a special order in frameworks predvaritelvnogo investigations», that will be sposobstvovatv optimisation of process of investigation and overcoming of counteraction with сторонні the suspect convicted, and in nekoto - рвіх cases - and its defender. Further E.I.Popova makes definition of tactical operation «Use of norms about a special order within the limits of preliminary investigation»: it is system of investigatory, other legal proceedings, tactical receptions and means which carries out, strictly observing a legality mode, the inspector with a view of overcoming of available and predicted counteraction and achievement of the compromise with the protection party of possibility of consideration of criminal case about plunder in an order provided gl. 40 UPK the Russian Federation, and also for the coordination with sustained a question on possibility to agree to the petition of a sentence convicted about the decision without proceeding carrying out in the general order.

We agree with the author that about a special order of the criminal trial within the limits of preliminary investigation the inspector can use norms within the limits of tactical operations. But E.I.Popova, calling tactical operation as «Use of norms about a special order within the limits of preliminary investigation», speaks only about a special order of the criminal trial at the consent convicted with the charge shown to it (gl. 40 UPK the Russian Federation), losing sight of that fact, that possibility use a special order of the criminal trial can to arise and in other cases, including at conclusion DSoS (gl. 40.1 UPK the Russian Federation). Besides, E.I. popova, speaking about system of investigatory, other legal proceedings, tactical receptions and means, does not designate possibility of carrying out of the operatively-search actions which results frequently form information base and carry out providing function at the subsequent carrying out of investigatory and other legal proceedings within the limits of any tactical operation. E.I.Popova also believes, that tactical operation analyzed by it should include work of the inspector basically with the suspect convicted and its defender, and in some cases and with the sustained.

Let's underline, that work with sustained within the limits of the tactical operation directed on application of norms about a special order of the criminal trial at the consent convicted with shown it by charge, has great value. So, according to item 1 of item 314 UPK the Russian Federation obvinjae - MBiй lishv in the presence of the consent state or the private prosecutor and the victim have the right zajavitv about the consent with the charge shown to it and hodatajstvovatv about the decision of a sentence without carrying out judicial time - biratelvstva. The consent sustained - a necessary condition of application of norms gl. 40 UPK the Russian Federation, whereas at application of a special order of the criminal trial regulated gl. 40.1 UPK the Russian Federation, i.e. At conclusion DSoS, the consent of the victim it is not required, though discussion about reception of such consent among ученвіх and experts is led for a long time already. In our opinion, the consent of victims to application of norms gl. 40.1 UPK the Russian Federation it is necessary poluchatv on ugolovnvsh for affairs about crimes against person (murder, torture, abduction, rape etc.), in осталвнвіх cases of such consent it is not required.

In 2016 has protected the master's thesis «Maintenance of safety of the suspect (convicted), entered into the pre-judicial agreement

0 cooperation, at a stage of preliminary investigation: ugolovnoprotsessualnye and taktiko-kriminalisticheskie aspects »E. V.Prytkova [84]. Apparently from the name, its research is devoted as criminal procedure, and taktiko-kriminalisticheskomu to the analysis of problems of maintenance of safety of the person with which it is concluded DSoS.

At present monographic research in which frameworks criminalistic maintenance of the pre-judicial cooperation agreement is considered, O.J.Baeva's already quoted work «the Pre-judicial cooperation agreement is unique: legal and criminalistic problems, possible directions of their permission», published in 2013 basically it is devoted such questions, as genesis of the legal institution and legal основні and проблемні DSoS. Lishv in the third chapter taktiko-ethical bases of attraction of the victim to the conclusion and realisation DSoS, «a dilemma of the prisoner» in DSoS and tactical operation «Pre-judicial cooperation agreement» are marked. Thus the essence of criminalistic maintenance DSoS and its structure are not investigated.

It is necessary to notice, that named and other monographic researches have allowed us to reveal essence of criminalistic maintenance of investigation of crimes at conclusion DSoS.

Unfortunately, in the general access there are no uchebno-methodical works and the grants devoted criminalistic or taktiko-kriminalisticheskomu to maintenance of investigation of criminal cases at conclusion DSoS though within the limits of a criminal procedure and criminally-legal science these questions were widely enough shined [85]. Such state of affairs explains also presence of some problems in preparation of the highly-skilled personnel capable quickly and qualitatively to apply criminalistic knowledge at investigation of criminal cases of a considered category.

Questions of criminalistic maintenance of investigation of criminal cases at conclusion DSoS are not included in thematic plans of a subject matter "Criminalistics" in sredne-special and higher educational institutions of a legal profile. It is not provided in them and carrying out of lectures, seminars and a practical training on formation of corresponding theoretical knowledge and development of skills and abilities. Finally it leads to occurrence of difficulties at investigation such ugo - лоBHBix affairs at not skilled practical worker. In our opinion, one of variants ввіхода from the given situation there is an introduction in a base course "Criminalistics" of such themes, as «Criminalistic maintenance of investigation уголовнвіх affairs at application of norms about a special order of the criminal trial» and «an investigation Technique уголовнвіх affairs at application of norms about a special order of the criminal trial». Also this situation it is possible razreshitv by introduction of a corresponding interdisciplinary course.

It is obvious, that employees следственнвіх divisions, except knowledge criminal and at golo vno-protses a sou alv but go the law, должнві obladatv knowledge in the field of criminalistic maintenance of investigation уголовнвіх affairs of the specified category. About it svidetelvstvuet and how legislators has formulated purposes DSoS for сторонні charges in ch. 2 items 317.1 UPK the Russian Federation: races - крвітв and rassledovatv a crime; izoblichitv and osushchestvitv criminal prosecution of other accomplices; развіскатв property, добвітое in rezul - tate crimes. At the conclusion of "transaction" with подозреваемвім (обвиняемвім) the consequence receives at once the information about собвітии crimes (and. 1 ch. 1 items 73 UPK the Russian Federation), about time, a place, a way and others obstojatelvstvah committings a crime. Thus, the consequence needs tolvko to check up the given information and not to distract on an establishment of all circumstances of a crime by own strength.

So, in August, 2012 in Top-Isetsky administrative area of of Ekaterinburg has been detained Ermakov on suspicion in the committing a crime, provided podp. "And", "g" ch. 2 items 161 UK the Russian Federation, i.e. Open plunder of property by a group of persons with application of the violence not dangerous to a life or health. After consultation of the defender suspect Ermakov, repeatedly sudimyj for similar crimes, perfectly understanding advantages of a special order of the criminal trial, has declared the petition for the conclusion with it of the pre-judicial agreement about sotrudniche - stve. Within the limits of given agreement Ermakov was obliged to expose in committing a crime of accomplice Siraeva, to assist in an establishment of its site and detention, and also to inform on the location of the property stolen at victim Agapovoj After making agreement a crime in deadlines it has been opened and investigated, the stolen property is withdrawn [86].

The set example illustrates a simple investigatory situation and visually shows advantages DSoS to economy процессуалвнвіх terms, forces and means the right ohraniteli HBix bodies. Bolvshinstvo the criminal has put is investigated in инвіх, more difficult conditions. Therefore advantages DSoS depend on a number of factors: a crime kind, формві investigations, persons of the perpetrator, etc.

Let's result other example from investigatory practice.

In 2013 of SOU UT the Ministry of Internal Affairs of Russia on UrFO it is detained Fahrutdinov on suspicion in the committing a crime, the provided item "in" ch. 3 cm. 158 UK the Russian Federation, i.e. Secret plunder of property from the car of a commodity electric train in the large size. On the given criminal case there was a disputed investigatory situation: Fahrutdinov refused evidence, having taken advantage of the right provided cm. 51 Constitutions of the Russian Federation, and, using that the inspector has selected concerning it the preventive punishment which has been not connected with imprisonment, tried to hide crime traces. Besides, there was an operative information on participation Fahrutdinova and other persons to fulfilment of some similar crimes.

Then the inspector has made the tactical decision on attraction Fahrutdinova to cooperation by conclusion DSoS. Having explained to the suspect all advantages of conclusion DSoS, the inspector has managed to convince him of necessity of cooperation. As a result of Fahrutdinov has informed

0 fulfilment together with nine more persons of 17 similar crimes in the different cities of UrFo. Owing to conclusion DSoS odnoepizodnoe criminal case with one figurant has turned in 17-epizodnoe with ten figurants and wide geography of places of fulfilment of crimes \

During research we have come to conclusion, that within the limits of base formation it is possible to receive only knowledge of an order and procedure of application of norms UPK the Russian Federation about a special order of the criminal trial. To solve a problem of scientifically-methodical maintenance of investigation of corresponding criminal cases it will not help. Are for this purpose necessary carrying out of employment on the given subjects during office preparations and retrainings of employees of investigatory divisions and independent studying of the corresponding literature by them and experts.

Forms of increase of a professional knowledge practical employees are regulated by the order of the Ministry of Internal Affairs of Russia from July, 26th, 2016 №419 «About modification of the order of the Ministry of Internal Affairs of Russia from March, 31st, 2015 № 385„ About the statement of the Order of the organisation of a professional training for replacement of posts in law-enforcement bodies Russian Fe - deratsii “» [87 [88]. The order establishes a professional training order in system of the Ministry of Internal Affairs of Russia, including by poslevuzovskogo vocational training, additional vocational training and professional office and physical preparation. Within the limits of additional vocational training improvements of professional skill, professional retraining and training which can be carried out as in bodies, the organisations and divisions of the Ministry of Internal Affairs of Russia, and in other state law-enforcement structures are assumed. According to the order professional office and physical preparation are spent on the duty station of employees with a view of perfection of their professional knowledge and skills and include, among other, legal and office preparation.

The specified system in a context of increase at practical workers of level of knowledge of tactics of application of norms about a special order of the criminal trial at conclusion DSoS allows:

1) napravljati inspectors on курсві поввішения qualifications;

2) stazhirovatv employees in the leader investigatory divisions where affairs are frequently investigated corresponding уголовнвіе;

3) provoditi семинарві on most aktualvnvsh to problems of investigation the criminal has put at conclusion DSoS;

4) by means of a modern communication facility to exchange experience with colleagues from other regions of the country concerning tactics of application of norms about a special order of the criminal trial at conclusion DSoS;

5) with a view of the control of level of a professional knowledge of practical workers to spend regular certifications and checks.

Besides, it is necessary to introduce in legal-reference systems of the Ministry of Internal Affairs of Russia, such as Uniform information-telecommunication system (EITKS) law-enforcement bodies (utv. The order of the Ministry of Internal Affairs of Russia from May, 20th, 2008 № 435 [89]), or specialised territorially meted automated system "Lawyer" (STRAS "Lawyer") (it is intended for operative finishing of requirements of the legal acts regulating sphere of internal affairs, to divisions of system of the Ministry of Internal Affairs of Russia and their explanation), optimum algorithms of actions of the inspector in typical investigatory situations at conclusion DSoS.

It is expedient to develop also the computer program in which following sections will be combined:

The investigatory situations arising to conclusion DSoS, and optimum algorithm of actions of the inspector in them;

The investigatory situations arising after conclusion DSoS, and op - timalnyj algorithm of actions of the inspector in them;

On inspectors but stv protses a sou алвнвіх actions at the statement podozre - vaemym (convicted) petitions for conclusion DSoS;

On inspectors but stv следственнвіх and others protses a sou алвнвіх actions on check of the information received in rezulvtate of conclusion DSoS;

Tactical features of carrying out следственнвіх actions C by the person who has concluded DSoS.

The reference of the inspector to such directory system not tolvko will prompt it optimum algorithm of actions depending on an investigatory situation, but also will assist in investigation of crimes. (By analogy to the programs-training apparatus developed still in 1990th "Murder", "Racket" and t. And.). The program complex offered by us will help to train operatively beginning inspectors to operate in various variants of 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 § 1. Scientifically-methodical maintenance of investigation of criminal cases 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. 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
  3. § 2. Organizational maintenance of investigation of criminal case at the conclusion of the pre-judicial cooperation agreement
  4. 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
  5. 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
  6. 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
  7. § 3. The tactical operations used by the inspector at the conclusion of the pre-judicial cooperation agreement
  8. § 1. Activity of the inspector at the conclusion of the pre-judicial cooperation agreement as object of criminalistic research
  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. § 3 Kinds of strategy of protection in pre-judicial manufacture on criminal cases concerning minors
  11. the Basic directions of scientifically-methodical, material and organizational maintenance of activity of not state judicial-expert organisations
  12. 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
  13. § 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
  14. 2.1 Problems of judicial-expert research of objects of wild flora and fauna and feature of scientifically-methodical maintenance of their decision
  15. CHAPTER 2 STRATEGIC BASES OF TACTICS OF PROTECTION IN PRE-JUDICIAL MANUFACTURE ON CRIMINAL CASES CONCERNING MINORS
  16. CHAPTER 3 REALIZATION OF TACTICS OF PROTECTION AGAINST CHARGE IN PRE-JUDICIAL MANUFACTURE ON CRIMINAL CASES CONCERNING MINORS
  17. the basic directions of perfection of scientifically-methodical maintenance of judicial-ecological expert activity in Republic Kazakhstan
  18. CHAPTER 1 GENERAL PROVISIONS OF TACTICS OF PROTECTION AGAINST CHARGE IN PRE-JUDICIAL MANUFACTURE ON CRIMINAL CASES CONCERNING MINORS
  19. 2. Formation of system of accusatory proofs in pre-judicial manufacture on the criminal cases connected by illegal circulation narkoyoticheskih of means and psychotropic substances