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THE CONCLUSION

The carried out dissertational research allows sdelatv following ВВІ IN ДВІ.

1. Criminalistic maintenance dejatelvnosti the inspector on investigation уголовнвіх affairs at the conclusion of the pre-judicial cooperation agreement represents a complex of measures, направленнвіх on maintenance of subjects of criminal prosecution with knowledge of the most effective and ratsionalvnyh criminalistic means, receptions and methods with a view of an establishment obstojatelvstv, important for full and all-round investigation of criminal case at the conclusion of the pre-judicial cooperation agreement, and also on creation оптималвнвіх conditions for their realisation in each concrete investigatory situation.

2. The structure of criminalistic maintenance dejatelvnosti the inspector on application of norms about a special order of the criminal trial at conclusion DSoS represents system взаимосвязаннвіх elements: scientifically-methodical, organizational, taktiko-kriminalisticheskogo, tehniko-kriminalisticheskogo maintenance.

Scientifically-methodical maintenance ввіражается not only in accumulation of scientific knowledge, but also in granting to its practical workers in adapted for application in professional work to the form. In this connection realisation of the given element in many respects depends on improvement of professional skill of employees of agencies in charge of preliminary investigation and a consequence by carrying out of additional employment within the limits of office preparation and working out of directory system on investigation of criminal cases at conclusion DSoS.

Into the maintenance of organizational maintenance of investigation at conclusion DSoS enter: an administrative element, i.e. Creation of optimum organizational-administrative structure of investigation; planning of investigation taking into account the developed investigatory situation on de - lu; interaction of the inspector with agency in charge of preliminary investigation, state, mu - nitsipalnymi establishments and services, officials and having discriminated the organisations.

The carried out analysis has shown, that povvineniju efficiency of an administrative element of organizational maintenance of investigation of crimes at conclusion DSoS in many respects there will be sposobstvovatv fastening in Typical position about Главнвіх следственнвіх managements GU a Ministry of Internal Affairs of subjects of the Russian Federation нормві about a direction of criminal cases at the conclusion of the pre-judicial cooperation agreement with two or more persons for preliminary investigation manufacture in an investigatory part of Main investigatory management GU the Ministry of Internal Affairs of the subject of the Russian Federation.

Investigation planning at conclusion DSoS is necessary for considering first of all as promotion on the basis of the analysis of the initial information of versions and definition of problems of investigation, and also ways of their decision.

Ways of fulfilment of crimes the organised groups are various enough, that is why investigatory situations which the inspector should face are various. Only the deep analysis of the given investigatory situations, definition of a circle of versions, and also means on their check will allow to define a true direction of a course of investigation on business.

The most widespread form of interaction of the inspector with agency in charge of preliminary investigation during investigation of crimes at conclusion DSoS is the summer residence the inspector to agency in charge of preliminary investigation of commissions as item 38 UPK the Russian Federation. Thus the inspector should not abuse the rights and charge to agency in charge of preliminary investigation performance of exclusively remedial work, and also the most significant investigatory actions. Necessity of creation of specialised investigatory-operative and investigatory groups on criminal cases at conclusion DSoS depends on an investigatory situation on concrete criminal case.

Taktiko-Kriminalistichesky maintenance of investigation of crimes as in wide смвісле represents an element of its criminalistic maintenance sovokupnostv tactical receptions and complexes, at - меняемвіх inspectors in the course of investigation уголовнвіх affairs at conclusion DSoS.

3. Studying уголовнвіх affairs and generalisation of an empirical material has allowed to allocate the typical and most widespread investigatory situations arising on criminal cases at an initial stage of investigation with prospect of application of norms about a special order of the criminal trial at conclusion DSoS. It is necessary to notice, that at conclusion DSoS or with prospect of such conclusion it is possible to speak about investigatory situations only when the person who has committed a crime, it is established.

Investigatory situations at which the pre-judicial agreement is not concluded yet:

Simple situation: the person is detained on the crime scene or right after its fulfilment "without delay", wishes to co-operate with the investigation, petitions for the conclusion with it DSoS;

Difficult situation № 1: the suspect wishes to co-operate with the investigation and enter into the pre-judicial agreement, but owing to the developed circumstances is afraid of threat to life or to health him or its relatives from accomplices of crimes;

Difficult situation № 2: the suspect denies the participation in investigated crimes, to conclude the pre-judicial cooperation agreement does not wish;

Difficult situation № 3: the suspect shows external desire to co-operate with the investigation, petitions for the conclusion with it DSoS, pursuing thus absolutely other aims.

The investigatory situations which have arisen after the conclusion of the pre-judicial cooperation agreement, are classified on the different bases: upon acquaintance of the suspect (convicted), concluded the pre-judicial cooperation agreement, with other suspects (convicted) on the given case; upon awareness of the suspect (convicted) that together with it on criminal case the suspect (convicted) is involved in the criminal liability, with kotorvsh the pre-judicial cooperation agreement is concluded; depending on, whether вві skaz віваются or are carried out угрозві подозреваемвім (обвиняемвім) or its close persons concerning the suspect (convicted), co-operating with the right ohr анителвнві mi bodies.

4. In case of conclusion DSoS inspectors should put forward some typical versions concerning what purposes are pursued by the person who has declared such petition:

1) the person has repented and really wishes to help to an investigation, gives truthful evidences, will actively promote disclosing and investigation of crimes;

2) suspected or convicted actively promotes disclosing and investigation, but belittles and deforms the role in fulfilment of crimes, wishing to minimise it or to leave from punishment;

3) the suspect, convicted concludes DSoS on purpose to slander the innocent person.

5. Interrogation of practical workers has allowed to allocate features of investigatory actions which are usually spent on criminal cases on which consist DSoS.

So, at doproe the inspector puts the suspect of conclusion DSoS (convicted) with prospect before itself aim to incline it to cooperation by the conclusion of "transaction" and applies to its achievement necessary tactical receptions.

At interrogation of the suspect (convicted) with which the agreement is already concluded, as a main objective reception of truthful and detailed indications about all criminal activity both interrogated, and its accomplices serves.

Feature of carrying out of investigatory action źthe presentation for an identification╗ is that identifying along with sustained and the witness frequently becomes suspected or convicted, concluded DSoS.

Especially carefully the inspector should prepare for carrying out of a confrontation with the specified person. The given investigatory action is characterised by the raised tactical risk: the interrogated, earlier given authentic evidences about checked circumstance, under psychological influence of the second participant of a confrontation can change or refuse essentially them earlier given indications as a whole.

At check of indications on a place and investigatory experiment the greatest complexity preservation as fiduciary causes persons of the suspect (convicted), concluded the pre-judicial cooperation agreement that is especially actual in case to such person the pseudonym is appropriated.

6. The analysis has shown, that at investigation of the given criminal cases some specific legal proceedings are made:

Allocation from the general criminal case in separate proceedings concerning the suspect (convicted) with which the public prosecutor has concluded the pre-judicial cooperation agreement, withdrawal from the initiated criminal case of materials on which it it is possible to identify the person of the suspect (convicted), and their familiarising with criminal case concerning the suspect (convicted), allocated in separate manufacture (item 4 ch. 1 items 154 UPK the Russian Federation);

In the investigatory action report in which the suspect (convicted) with which it is concluded DSoS takes part, data about its person (ch are not cited. 9 items 166 UPK the Russian Federation).

. As a result of the carried out research we managed to develop system of the tactical operations used at conclusion DSoS which are characterised as follows:

1) attraction of the person to cooperation by the conclusion of the pre-judicial agreement is a complex of the remedial, operatively-search, organizational-preparatory, verifying and other actions spent by the inspector and persons co-operating with it on a coherent plan in an investigatory situation, demanding with a view of successful investigation of criminal case of attraction to cooperation by the conclusion of the pre-judicial agreement of the person who have committed a crime;

2) check of indications of the person with which the pre-judicial cooperation agreement is concluded, is a complex remedial, operativnorozysknyh, the organizational-preparatory, verifying and other actions spent by the inspector and persons co-operating with it on a coherent plan for the purpose of reception and check of indications of the person, concluded the pre-judicial cooperation agreement;

3) maintenance of safety of the person who have concluded the pre-judicial cooperation agreement, is a complex remedial, operativnorozysknyh, the organizational-preparatory, verifying and other actions spent by the inspector and persons co-operating with it on a coherent plan in an investigatory situation, safety of the person who have concluded the pre-judicial cooperation agreement demanding maintenance, and its relatives.

Besides, the analysis of judicial statistics, an operational experience of law enforcement bodies testifies to occurrence possibility in practice at conclusion DSoS of new questions. In a similar situation dissertation materials can become a basis for studying, working out of the new methodical recommendations directed on increase of efficiency of activity of the inspector at the conclusion of the pre-judicial cooperation agreement.

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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

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