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THE THEORY AND HISTORY OF LAW AND THE STATE
Tarasova I. A. On the interaction of the Ministry of Internal Affairs of the Russian Empire with local self-government institutions in ensuring veterinary and epizootic supervision and development of veterinary medicine in the second half of the 19th century
CRIMINAL LAW
Zaitsev O.A. On the issue of objective signs of acquisition (sale) property knowingly obtained by criminal means
Pshenichnov I.M. On illegal hiring and extremism in the context of modern globalization
Aubakirova-Ter-Grigoryan N.M. The concept of guilt expiation: theory and practice
Popov A. Yu. Illicit arms trafficking using digital technologies in modern Russia: problems and prospects of criminal law regulation
Lyapin D.O. Correlation of the lawful use of weapons and necessary defense as circumstances excluding the criminality of an act
CRIMINOLOGY
Rozovskaya T.I., Petryanin A.V. Migration and crime: a particular view of the problem
CONFERENCE
INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE “MODERN PROBLEMS OF QUALIFICATION AND INVESTIGATION OF ENVIRONMENTAL CRIMES” (RUZA, JUNE 9, 2023)
Kadnikov N.G. On the issue of objective and subjective elements of a crime under Article 253 of the Criminal Code of the Russian Federation
Akimov P.A.Implementation of measures of the institute of necessary defense in suppressing crimes of environmental orientation
Babchenko A.I. Artificial intelligence and prevention of environmental crimes – new challenges and solutions
Karpushkin A.V. On the issue of the general criminal legal characteristics of environmental crimes
Kornienkova M.R., Ermakova S.N. Illegal hunting causing major damage as a sign that delimits the criminal from the non-criminal
Prikhodko N.Yu., Maslakova E.A. Criminal law protection of land
Rednikova T.V. Protection of rare species of animals and plants by means of criminal and administrative legislation
Starykh S.M. On the issue of problems of the legislative design of environmental crimes
JUDICIAL-FORENSIC ACTIVITY
Rashitkhanov R.S. Some issues of standardization of forensic activities
CRIMINAL PROCEDURAL LAW
Smirnov V. E. The use of systems with elements of artificial intelligence in criminal proceedings of foreign states
Makhmutova L.R. Psychophysiological features of a minor’s thinking during interrogation
AUTHOR OF CRIMINALISTIC AND CRIMINOLOGICAL LITERATURE
Matskevich I.M. Time factor
CHAPTERS OF OUR BOOKS
Sakharov A.B. Conditions for the moral formation of personality
ABSTRACTS
THE THEORY AND HISTORY OF LAW AND THE STATE
Tarasova I.A.
On the interaction of the Ministry of Internal Affairs of the Russian Empire with local self-government institutions in ensuring veterinary and epizootic supervision and development of veterinary medicine in the second half of the 19th century
Mission: to highlight and analyze the historical and legal experience of interaction between the structural divisions of the Ministry of Internal Affairs of the Russian Empire and local government institutions in matters of ensuring veterinary and epizootic supervision and the development of veterinary medicine in the second half of the 19th century.
Methodology: general scientific methods, historical-legal and comparative-legal methods of studying the processes of socio-political development.
Conclusions. As a result of the reforms of the public administration system in the second half of the XIX century, serious changes took place in the organization of veterinary and epizootic supervision and the development of veterinary medicine in the Russian Empire. From that moment, the process of formation of the zemstvo medical service and within its framework – the zemstvo veterinary, which was the second after the government veterinary, and in a number of areas of activity, the first subject of improvement of veterinary affairs and veterinary-epizootic supervision in the Russian Empire. As a result of joint efforts and selfless work of Russian veterinary scientists, zemstvo veterinarians, veterinary officers of the Ministry of Internal Affairs, significant successes were achieved in the development of domestic veterinary medicine and in the fight against epizootics, which for several centuries have been a real scourge of Russian agriculture.
Scientific and practical significance. The study of historical and legal experience allows us to determine the degree of effectiveness of the described interaction and the possibility of using this experience in relation to modern conditions. The study of previously used forms and methods of joint activities of employees of the Ministry of Internal Affairs of the Russian Empire and local government institutions in this area is necessary to develop optimal ways to solve the problems of ensuring the environmental, biological and food security of our country.
Keywords: veterinary medicine, epizootics, Ministry of Internal Affairs, veterinary officers, veterinary police, local self-government bodies, zemstvo institutions, zemstvo veterinary, veterinary and epizootic supervision, veterinary care.
CRIMINAL LAW
Zaitsev O.A.
On the issue of objective signs of acquisition (sale) property knowingly obtained by criminal means
Mission: a) to determine the object and objective side of the acquisition or sale of property knowingly obtained by criminal means; b) to identify the features of criminal legislation regulating criminal liability for the commission of the category of crimes in question; c) to reflect the positions of research scientists and judicial practice regarding the content of the object and the objective side of the crime provided for in Article 175 of the Criminal Code of the Russian Federation.
Methodology: the dialectical method of cognition, general scientific methods of abstraction, analysis and synthesis, as well as special legal methods.
Conclusions. By design, the corpus delicti provided for in Article 175 of the Criminal Code of the Russian Federation is formal, and the moment of its completion should be considered: a) upon acquisition – acceptance by the acquirer of property knowingly obtained by criminal means; b) upon sale – the moment of alienation of this property.
Scientific and practical significance. Based on the materials of scientific literature and law enforcement practice, the content of the object and the objective side of the acquisition (sale) of property knowingly obtained by criminal means are determined. From a practical point of view, the results of the work will make it possible to correctly qualify the act under Art. 175 of the Criminal Code of the Russian Federation.
Keywords: the object of the crime; the objective side of the crime; the acquisition or sale of property knowingly obtained by criminal means; Art. 175 of the Criminal Code of the Russian Federation.
Pshenichnov I.M.
On illegal hiring and extremism in the context of modern globalization
Mission: to draw the attention of the scientific community to certain problems of criminal legal counteraction to such destructive phenomena of international modern reality as illegal hiring and extremism. In particular, aspects of the significant activation of this criminal segment in the context of globalization are touched upon, which determines not only the growth of quantitative indicators, but also the progression of their qualitative component due to the discovery of points of contact and interaction. These circumstances significantly actualize the need to review the current state of interaction between law enforcement agencies, including at the international level, to reflect relevant criminal challenges. One of the main barriers in this vein is the lack of unified approaches to establishing criminal liability, as well as general shortcomings of certain legal norms and legislative approaches in this area.
Methodology of the conducted scientific research is centered around the dialectical method of cognition of social and legal reality, which made it possible to formulate and formulate specific measures that can strengthen criminal legal counteraction to such destructive phenomena as illegal hiring and extremism. At the same time, the solution of the tasks was also facilitated by: analysis, synthesis, induction, deduction, description and other methods.
Conclusions. Certain weaknesses and omissions in criminal law enforcement and international cooperation are identified, which complicate law enforcement activities in the field of combating relevant criminal attacks.
Scientific and practical significance of the article lies in the fact that the conclusions set out in it reflect the methodological foundations for the progressive modernization of relevant legislative regulations in order to develop a mechanism for their uniform application.
Keywords: illegal hiring, crimes, terrorism, extremism, encroachment, counteraction, criminal law, law enforcement, modernization, public safety, unification.
Aubakirova-Ter-Grigoryan N.M.
The concept of guilt expiation: theory and practice
Mission: to determine the concept of “guilt expiation” on the basis of its relationship with the definition of “compensation for damage”, to analyze the judicial practice and the relevant norms of foreign criminal law.
Methodology: dialectical, systemic and formal-legal methods, analysis and synthesis, method of comparative law, method of intersectoral legal research.
Conclusions. The problem of guilt expiation when committing some types of crimes is especially acute not only in the theory of criminal law, but also in legal enforcement. An analysis of judicial practice shows that in cases of similar circumstances of crimes, the courts make opposite decisions regarding the issue of exemption from criminal liability. The stumbling block in these cases is an assessment of the guilt expiation caused to some public relations. Often, financial compensation is a form of guilt expiation, but in cases where harm has been caused to such benefits as, for example, life, health, its smoothing becomes impossible a priori. Not all courts, however, as well as scholars, agree with this, which causes discussion. Conceptual apparatus that takes place in the Criminal Code of the Russian Federation does not bring more clarity to this already complex issue. In addition to guilt expiation, the concept of compensation is also used, which seems superfluous and therefore it could be recommended to be abandoned due to the fact that it is already included in the first term. Analysis of foreign legislation shows that not all criminal laws have both of these concepts, although there are those that are extremely similar to the Criminal Code of the Russian Federation. In exceptional cases, guilt expiation being used as an independent type of punishment.
The scientific and practical significance lies in the fact that the conclusions that presented in this study can be used for the further doctrinal development of the problem of guilt expiation and compensation for damage, which will lead to the possibility of offering a better version of legal norms of the Criminal Code of the Russian Federation.
Keywords: guilt expiation, compensation, compensation for damage, restitution, moral damage, exemption from criminal liability, atonement, victim, public safety, correction, equivalence.
Popov A. Yu.
Illicit arms trafficking using digital technologies in modern Russia: problems and prospects of criminal law regulation
Mission: to study the current state of illegal arms trafficking in Russia, as well as criminal-legal problems of countering arms trafficking with the substantiation of scientific approaches to combat this criminal phenomenon in modern conditions.
Methodology: dialectical method, analysis, synthesis, deduction, formal-legal method, system method.
Conclusions. When assessing and qualifying the committed act, law enforcement agencies often have difficulties in attributing a particular sample to the class of civilian weapons, there are cases of alteration of disarmed weapons into combat weapons, in addition, there are new, increasingly sophisticated ways of illegal transaction for the purchase/sale of weapons through the Internet. This shows the imperfection of the current criminal legislation.
Scientific and practical significance lies in the fact that the issues of illegal circulation of weapons in modern conditions are considered, in particular the problems of differentiation of antique weapons from firearms, issues of the status of disarmed weapons and their free sale without permits. The possibility of changing the concept of delimitation of the current classification of firearms to a more adapted to modern conditions is also considered.
Keywords: firearms, edged weapons, civilian weapons, sports weapons, traumatic weapons, service weapons, old (antique) weapons, disarmed weapons, illegal trafficking of weapons, sale of weapons, Internet.
Lyapin D.O.
Correlation of the lawful use of weapons and necessary defense as circumstances excluding the criminality of an act
Mission. The article analyses the nature of the relationship between the lawful use of weapons and necessary defense as independent in relation to each other circumstances excluding the criminality of an act.
Methodology: dialectical method, analysis, synthesis, induction, deduction, comparison, modelling, formal legal method, method of system analysis.
Conclusions. The lawful use of weapons should be considered as an independent circumstance precluding the criminality of the act. The interrelation of this circumstance with the circumstances provided for in Chapter 8 of the Criminal Code of the Russian Federation, with necessary defense, is manifested in the fact that some real situations of infliction of harm may simultaneously fall under the elements of normative constructions of these two circumstances at once. To exclude the criminality of the act in such cases it is sufficient to comply with the conditions of legality of one of the circumstances.
Scientific and practical significance. Positioning the lawful use of weapons as an independent circumstance excluding the criminality of an act is not traditional for domestic criminal law science. At the same time, the consideration of the lawful use of weapons in this capacity allows a consistent and consistent solution to the issue related to the definition of the legal nature of the prescriptions on the use of weapons contained in normative legal acts regulating the professional activities of military personnel, law enforcement officers and other special subjects. From a practical point of view, such an understanding of the essence of the lawful use of weapons will contribute to minimizing cases of bringing special subjects to criminal responsibility for harm lawfully caused on the basis of the provisions of Chapter 8 of the Criminal Code of the Russian Federation or regulations on the use of weapons as providing for independent in relation to each other circumstances excluding the criminality of the act.
Keywords: circumstances excluding the criminality of the act, lawful use of weapons, necessary defense, infliction of harm, police officers.
CRIMINOLOGY
Rozovskaya T.I., Petryanin A.V.
Migration and crime: a particular view of the problem
Mission: to demonstrate the current content and state of migration in Russia and its impact on crime. The study presents empirical data for the last five years, characterizing migration growth and its replacement of natural population decline in Russia, as well as the number of registered crimes under Art. 3221–3223 of the Criminal Code of the Russian Federation and socially dangerous acts committed by foreign citizens and stateless persons. This made it possible to update the attention of the scientific community and representatives of government bodies on the high level of criminalization of the migration sphere and the need to take symmetrical measures to counter the type of crime under study.
Methodology. The research methodology is based on a complex of general scientific and special scientific methods (analysis, synthesis, deduction, induction, historical, formal logical, comparative legal) in combination with the use of the dialectical method of scientific knowledge.
Conclusions. The political, economic, social and legal problems of implementing the modern course of migration policy, which determine the commission of crimes in the migration sphere, are presented. The high level of crime and conflict potential of migration processes is shown. The need for broader social adaptation of migrants is substantiated.
Scientific and practical significance is presented in conclusions and proposals aimed at modernizing the state’s migration policy in order to reduce the level of migration crime.
Keywords: migration, population, delinquency, politics, functions, opposition, crime, hatred or enmity, drugs, causes, conditions, determinants.
CONFERENCE
INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE “MODERN PROBLEMS OF QUALIFICATION AND INVESTIGATION OF ENVIRONMENTAL CRIMES” (RUZA, JUNE 9, 2023)
Kadnikov N.G.
On the issue of objective and subjective elements of a crime under Article 253 of the Criminal Code of the Russian Federation
Mission: to analyse the content of objective and subjective signs of the corpus delicti of the crime provided by article 253 of the Criminal Code of the Russian Federation (Violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation) taking into account the judicial interpretation; to offer recommendations on qualification and differentiation of responsibility.
Methodology: dialectics, analysis, deduction, formal-legal method, method of interdepartmental legal research, comparative legal method.
Conclusions. The wording of article 253 of the Criminal Code of the RF and the corpus delicti of the offences for which the liability under this article is incurred, need clarification of the object and subject of the offence. The place of their commission is clearly defined by the legislator – it is the continental shelf and the exclusive economic zone of the Russian Federation. The objects of offences under part 1 of this article should be understood as islands, installations and structures, as well as means of ensuring the safety of maritime navigation, while in part 2 of this article the object of the offence is the natural resources of the continental shelf of the Russian Federation or the exclusive economic zone of the Russian Federation. The correct understanding of the object of the offence and the place of its commission affects the qualification and differentiation from related acts. A more precise judicial interpretation of the application of this article is required. For more accurate differentiation of responsibility at the legislative level it is necessary to clarify the wording of this article, to transfer these acts into other categories of crimes (in order to increase responsibility) and to use the size of the damage caused as a mandatory feature of the objective side of the elements of these crimes.
Scientific and practical significance. The significance of the scientific article lies in the need to solve the problems of differentiation of responsibility for the acts prohibited by criminal law, committed within the continental shelf and exclusive economic zone of the Russian Federation. It is necessary for more effective provision of ecological safety.
Keywords: environmental crimes, criminal liability, continental shelf, exclusive economic zone, objects of crime, differentiation of responsibility.
Akimov P.A.
Implementation of measures of the institute of necessary defense in suppressing crimes of environmental orientation
Mission: to analyze the peculiarities of environmental crimes, to study the issue of practical implementation of measures of prevention and suppression of such crimes within the framework of the institute of necessary defense of the criminal law of Russia.
Methodology: formal-legal method, dialectical method, method of legal modeling.
Conclusions. As a result of the conducted research it was established that the protection of environmental security, in accordance with the requirements of the Criminal Code of the Russian Federation, is admissible to implement not only by means of the norms of the Special Part, but also within the framework of the institute of necessary defense. To solve this issue, a situation was modeled in which the right to necessary defense is realized exclusively in the defense against encroachment on the environment, bypassing encroachment on the life and health of the individual. Thus, the realization of the right to necessary defense in order to protect the environment is legitimate and corresponds to the policy of prevention and suppression of crimes of environmental orientation.
Scientific and practical significance lies in the fact that environmental crimes, being a part of crime, cause serious damage to the public interests protected by law. The consequences of such acts most unfavorably affect the health and well-being of the population of our planet, and therefore the issue of their prevention and suppression is more than relevant. The criminal law gives us the right to suppress a socially dangerous act and encourages such behavior. The author believes that the implementation of such a right, in particular, is possible through the institute of necessary defense of the criminal law of Russia. Protection of ecology, as one of the objects of criminal law protection, in the framework of necessary defense is an effective means of countering unlawful encroachments and can positively affect the provision of environmental security.
Keywords: crime prevention, protection of ecology, environmental crimes, criminal legal protection measures, necessary defense, suppression of socially dangerous act.
Babchenko A.I.
Artificial intelligence and prevention of environmental crimes – new challenges and solutions
Mission: to explore the possibilities of using artificial intelligence to detect and prevent environmental crimes. Environmental crimes pose a serious threat to the environment and society. The use of artificial intelligence technologies will help to reduce their number and increase the level of environmental safety.
Methodology: methods of comparative analysis, statistical method, dialectical method of cognition.
Conclusions. In the course of the research, promising directions for the development of artificial intelligence in the prevention of environmental crimes are formulated. Environmental monitoring systems based on artificial intelligence are widely used in Russia. Artificial intelligence provides opportunities for real-time collection and analysis of environmental pollution data, as well as for forecasting excess of permissible values. Fast processing of huge amounts of data using special algorithms allows you to independently identify environmental crimes. Artificial intelligence has already been successfully used to combat illegal deforestation and poachers. The development of the predictive function of artificial intelligence makes it possible to predict the development of events in the environmental sphere and take measures to prevent them in advance. Artificial intelligence systems can also be used to solve problems in the environmental field.
The scientific and practical significance of the article is to draw attention to the need to use artificial intelligence technologies in the activities of law enforcement agencies in order to increase the effectiveness of detection and investigation of environmental crimes. There are two promising areas of application of artificial intelligence in order to prevent environmental crimes: rapid processing of huge amounts of data with subsequent independent detection of environmental crimes and the development of the predictive function of artificial intelligence.
Keywords: ecology, environmental problems, environmental safety, environmental crimes, crime prevention, crime prevention, digitalization, artificial intelligence, monitoring, forecasting.
Karpushkin A.V.
On the issue of the general criminal legal characteristics of environmental crimes
Mission: analyze the features of environmental crimes provided for in Ch. 26 of the Criminal Code of the Russian Federation. Consider the dispositions and sanctions of such crimes, the peculiarities of their qualification and delimitation from administrative offenses. It is intended to clarify the judicial interpretation in the area of public relations under study and formulate proposals for its addition, taking into account modern practice of applying the law.
Methodology: analysis, synthesis, deduction, formal-legal method, dialectical, system method, methods of intersectoral legal research.
Conclusions. As a result of the study, the author comes to the conclusion that the rules on the elements of environmental crimes provided for in Ch. 26 of the Criminal Code of the Russian Federation require significant clarification, especially in terms of the wording of dispositions and the formulation of the damage caused. Judicial interpretation in cases of this category also needs to be supplemented.
Scientific and practical significance. The author examines in detail the controversial issues of constructing dispositions of norms on environmental crimes. The positions in the doctrine of criminal law and judicial practice are considered, proposals are formulated for solving existing problems that arise when classifying such acts and their differences from related acts.
Keywords: criminal-legal characteristics of the crime, environmental crimes, explanations of the Plenum of the Supreme Court of the Russian Federation, environment, environmental safety.
Kornienkova M.R., Ermakova S.N.
Illegal hunting causing major damage as a sign that delimits the criminal from the non-criminal
Mission: to study the concept of illegal hunting; confirm the need to improve legislation in the field of defining the concept of “illegal hunting”.
Methodology: analysis and synthesis, dialectical method, legal comparison method.
Conclusions. A single definition of the criminally punishable definition of “illegal hunting” will provide the law enforcement officer with the opportunity to fully and comprehensively approach the analysis of the elements and signs of the crime under Art. 258 of the Criminal Code of the Russian Federation.
Scientific and practical significance. The article illustrates the specific features of the composition provided for in paragraph “a” of Part 1 of Art. 258 of the Criminal Code of the Russian Federation with examples from judicial and investigative practice. The authors made an attempt to formulate a definition of illegal hunting, taking into account modern realities.
Keywords: environmental crimes, hunting, illegal hunting, hunting rules, environment, biological balance, fauna diversity, hunting resources, permission, major damage.
Prikhodko N.Yu., Maslakova E.A.
Criminal law protection of land
Mission: to analyze and synthesize some criminal legal problems related to the destruction of land on the territory of Russia, including in the newly annexed territories of the DPR, LPR, Zaporozhye and Kherson regions.
Methodology: general scientific research methods: dialectical, logical and system-structural; private scientific statistical method; special legal method: dogmatic.
Conclusions. The meager law enforcement practice in the field of land and soil protection by criminal legal means does not indicate the absence of problems as such, but rather the suppression, leveling or incorrect classification of criminal acts. The land needs to be protected by legal means as an irreplaceable or difficult-to-renew natural resource; it is negatively impacted by human economic and industrial activities. The authors made a number of proposals for the unification of criminal, administrative, and land legislation on land protection.
Scientific and practical significance. One of the main tasks of the criminal law is environmental protection, land protection is an integral part of it. By eliminating gaps in the interpretation of the criminal law on land protection, consolidating and unifying the range of concepts used by different sectoral laws, the legislator strengthens responsibility and facilitates its enforcement.
Keywords: criminal law protection, land damage, soil, soil ground, harm, health, environment.
Starykh S.M.
On the issue of problems of the legislative design of environmental crimes
Mission: to analyze problematic issues related to the legislative design of criminal law norms providing for responsibility for environmental crimes; based on the analysis carried out, develop proposals to adjust the dispositions and sanctions of the criminal law norms under consideration, enshrined in Chapter 26 of the Criminal Code of the Russian Federation, for their more effective application in practical activities.
Methodology: analysis, synthesis, deduction, formal-legal method, dialectical, systemic methods, method of intersectoral legal research.
Conclusions. As a result of the study, the author concludes that the current version of criminal law in chapter 26 of the Criminal Code of the Russian Federation, providing for responsibility for environmental crimes, requires a significant change and addition.
Scientific and practical significance. The author examines in detail the shortcomings of the composition of crimes against environmental safety, in terms of their insufficient effectiveness in investigating such types of criminal encroachments. Doctrinal problems and legislative omissions in the compositions under consideration are identified, possible ways to eliminate them are indicated, which should contribute to a more effective application of the relevant criminal law rules.
Keywords: ecology, environment, environmental legislation, environmental safety, State report, alternative consequences, assessment judgments, blanketness, hazardous waste, subject of crime, punishable actions.
JUDICIAL-FORENSIC ACTIVITY
Rashitkhanov R.S.
Some issues of standardization of forensic activities
Mission: to analyze the patterns of standardization of forensic activities in terms of lists of types (types) of forensic examinations.
Methodology: analysis, synthesis, induction, deduction, description, abstraction, formal legal method.
Conclusions. One can state an objective problem associated with disagreements regarding approaches to lists of forensic examinations. The solution to this problem, in our opinion, is to establish a unified list of forensic examinations carried out in forensic institutions of the Russian Federation. The most appropriate, in our opinion, is to vest the powers to create and approve a Unified List of Forensic Expertise carried out in expert institutions of the Russian Federation, as well as to monitor its compliance with a special Government Commission for the coordination of forensic activities in the Russian Federation, formed by the Decree of the Government of the Russian Federation from December 8, 2018 No. 1502 (as amended on July 17, 2019) “On the Government Commission for the Coordination of Forensic Expert Activities in the Russian Federation”.
Scientific and practical significance. Within the framework of this study, the patterns of standardization and unification of forensic activities were studied in terms of the unification of lists of genera (types) of forensic examinations carried out in expert institutions of the Russian Federation. Departmental lists of genera (types) of forensic examinations were subjected to comparative analysis. General provisions on the standardization of genera (types) of forensic examinations through their unification were considered, and particular aspects of the standardization of genera (types) of forensic examinations were also studied.
Keywords: forensic examination, standardization, unification, forensic examination.
CRIMINAL PROCEDURAL LAW
Smirnov V. E.
The use of systems with elements of artificial intelligence in criminal proceedings of foreign states
Mission: to consider the experience of a number of states of both Romano-Germanic and Anglo-Saxon legal families in using artificial intelligence technologies for automated search in databases of elements of the digital profile of a person, identifying forensically significant information among encrypted data and identifying objects by their electronic image.
Methodology: analysis, synthesis, induction, deduction, dialectical method, comparative law method.
Conclusions: based on the analysis of judicial practice and doctrinal sources of a number of Western states, problems of both a legal and organizational nature related to the protection of personal data and providing the defense side with the opportunity to challenge the results of the use of artificial intelligence in the course of criminal proceedings are identified. Actual ways of solving problems in the form of judicial control over the use of artificial intelligence, limiting the offenses for which it is permitted to use and providing the defense side with the possibility of parallel testing of such systems have been established.
Scientific and practical significance. The most common areas of application of artificial intelligence have been identified, and their classification based on the subject of the search has been developed. Within the framework of each class, normative regulation is considered and its general patterns are identified. An assessment of the effectiveness of existing mechanisms for solving the problems of using artificial intelligence in criminal proceedings is given, which can be used when introducing similar technologies into the domestic criminal process.
Keywords: digitalization, criminal procedure, artificial intelligence, personal data, investigative actions, data analysis, computer vision, black box, digital profile, evidence cycle, computer information.
Makhmutova L.R.
Psychophysiological features of a minor’s thinking during interrogation
Mission: to study the features of interrogation of minors in connection with the psychophysiological characteristics of the person being interrogated and his procedural status.
Methodology: analysis, synthesis, induction, deduction, description.
Conclusions. The thinking process of minors differs significantly from the logical model of constructing the thoughts of an adult. The highlighted features must be taken into account when determining the tactics for interrogating a minor. The procedural figure of the teacher-psychologist should cease to fulfill only formal requirements, since his participation is aimed at assisting the persons conducting the proceedings in establishing psychological contact with the minor and ensuring compliance with the rights of the minor.
Scientific and practical significance. According to statistics, a third of all crimes are committed by minors or with their complicity. Scientific study of a given topic will make it possible to better understand a model of thinking that is different from that of an adult, which will have a beneficial effect on interrogation tactics and the quality of the information received necessary for the investigation.
Keywords: minor, psychophysiological characteristics, interrogation.
AUTHOR OF CRIMINALISTIC AND CRIMINOLOGICAL LITERATURE
Matskevich I.M.
Time factor
Mission: to convey accumulated experience and knowledge in an artistic form.
Methodology: citation.
Conclusions. The story of I.M. Matskevich “Time Factor” will plunge the reader into the thick of events related to the daily work of the military prosecutor’s office in the early 2000s – during the period of rapid integration of foreign trends in the state institutions of the country and the lives of citizens.
Scientific and practical significance. Readers will get in a concise and fascinating form a lot of useful facts about the functioning of the military prosecutor’s office of Russia, as well as other informative historical references. The given text can be interesting both to students of law schools at studying of domestic criminalistics, and employees of law enforcement bodies, and also all who are interested in questions of prosecutor’s work.
Keywords: military prosecutor’s office, prosecutor’s office, criminology, criminalistics, prosecutor, tribunal, military court.
CHAPTERS OF OUR BOOKS
Sakharov A.B.
Conditions for the moral formation of personality
Mission: to introduce the legacy left by the outstanding Russian scientist Doctor of Law, Professor A.B. Sakharov.
Methodology: citation.
Conclusions. In this work, from a sociological perspective, questions about the personality of the criminal and the reasons for his antisocial behavior are explored. Based on the principles of Marxist philosophy, materialist psychology and Soviet pedagogy, as well as using materials from judicial practice, the author analyzes the reasons for the preservation in the USSR of individualistic views and motives (remnants of capitalism) that underlie the criminal behavior of the subject, the conditions for the moral formation of an individual; subjective (internal, psychological) and objective (external) circumstances that promote or, on the contrary, prevent the manifestation of individualistic views and motives in a specific criminal attack.
Scientific and practical significance. The work is intended for teaching staff and students of law universities, for a wide range of readers, as well as for practical workers in the court, prosecutor’s office and legal profession.
Keywords: socialist society, causes of crime, USSR, personality of the criminal, criminal behavior, morality, personality formation.