International Association for Identification

International Conference

Scientific - practical conference has taken place in 2003 in Management Academy of the Ministry of Internal Affairs of Russia which was devoted to memory of known criminalist professor Rafail Belkin (1922 - 2001). In this Bulletin brief summaries of reports of participants of conference are resulted.

ABOUT CRIMINALISTICS NATURE

N.P. Yablokov, the doctor of jurisprudence, professor, the deserved figure of a science of Russia, Chairman of criminalistics chamber of Law Faculty of Moscow State University.

One of the question which are most discussed in criminalistics science is the question about the nature of criminalistics itself. In the mid 50th most of the leading scientists considered criminalistics as a law science.

But at the end of 90th the new opinion were arisen by Belkin according to which criminalistics accumulate too much knowledge of technical, physical etc. Character and cease to exist as a purely law science. It was admitted as integral or synthetic science. This conclusion was supported by four groups of arguments.

First, that some objects and interconnections which criminalistics deals with are not subject of law (for example, traces creating, revealing of necessary information from them etc.). But this can be argued, that any traces, treats of mechanism of committing crime can be valued in depends with the nature of the crime itself which is purely legal.

Second, some methods of preventing and revealing crimes are used by forensic examination sciences like medicine, psychology, etc., which do not become law sciences. But even Belkin admit that there are some problems in this field which only criminalistics can deal with. Though forensic sciences has some legal function, the only criminalistics can launch them into action in a proper (i.e. legal) form.

Third, not all recommendations of criminalistics are of legal nature (for example, searching, investigation experiments, interrogation methods). But the main task of criminalistics is to achieve effectiveness of investigation within the frame of criminal procedure, which is the only possible form of struggling crimes. So criminalistics recommendations posses a strong connection with law rules and are depended on them.

Fourth, the law and non-legal sciences’ rules are of equal impotence for criminalistics, so it is hard to distinguish “law” and “non-law” core. But rejecting the law nature leads to creating methods and recommendations which are not based on law and even violate it.

Criminalistics must be connected with law. First, its technical instruments must accord to law. Second, they may be applied only after practical testing with paying attention to criminal procedure rules. Third, their application is directed by law in some cases or derived from investigation tasks

SUBJECT AND LIMITS OF CRIMINALISTICS

A.A. Eksarhopulo, the doctor of jurisprudence, professor the professor of faculty Legal ô-that St.-Petersburg State university.

The representations about a subject of criminalistical sciences which have generated in a final kind by the end ÕÕ centuries, due to efforts, before everything, R.S. Belkin’s, still are exposed to updating. Among such, up to the end yet not appreciated, "innovations" there was an offer on expansion of a subject of a science of criminalisnycs at the expense of creation of new its independent sections: " of criminalisnycs of protection " and " of criminalisnycs of accusation ". It represent, that the expansion of sphere of application criminalistical knowledge does not owe to a message to expansion of limits of the science. It is necessary to limit these limits only to that part of activity on struggle with criminality, within the framework of which the tasks of complete, objective and all-round finding - out of circumstances of event of a crime are decided.

NEW RUSSIAN FEDERATION CRIMINAL PROCEDURAL CODE & THEORETICAL AND PRACTICAL PROBLEMS OF PROVING

A.R. Belkin, DR. SCI (LAW), PROF. MSADI. Since the new Criminal Procedural Code of Russian Federation has been validated the problem of criminal procedural proving process and, particularly, its legal verification becomes of a special interest. The papers concerns several theoretical and practical problems of proving, e.g. unacceptable proofs, investigating experiments, forensic expertise etc. Sum recommendations which might improve the situation are given as well.

CRIMINALISTICS AND FORENSIC SCIENCE: DIFFERENTIATION OF FUNCTIONS

M. Segay, the doctor of jurisprudence, professor, the Kiev regional center Academies of legal sciences of Ukraine. The disputable issue on formation and development of forensic science and its place in the system of other sciences had been considered. Hypothesis on process and backgrounds of separation of forensic science from criminalistics, the science of its origin, has been substantiated in view of practical approach to formation of applied sciences. Foremost it depends on differentiation of methodological functions of criminalistics and forensic science as well as the general tendency of differentiation of scientific knowledge.

MORAL BEGINNINGS OF LEGAL PROCEEDINGS: CONDITION AND TENDENCIES

V. E. Konovalova, the deserved figure of a science, the doctor of jurisprudence, professor, the academician of Academy of the right of Ukraine, the professor of faculty National legal academy Ukraine?s of a name Ya. Wise. The article is devoted to the legal framework of justice. The author looks at nontraditional methods of evidence collection in the course of investigation and court hearing. The article establishes author’s findings as to the inadmissibility and academic inconsistency of nontraditional methods suggested by Russian and Ukrainian criminalists.

ONE OF THE ASPECTS OF INTEGRATION OF INVESTIGATION AND INTELLIGENCE ACTIVITIES

A. Kavalieris, Dr.LL, professor, the Police Academy of Latvia. The experience gained in process of investigation of organized criminality in Latvia testifies, the fact that it is hardly possible to prove the guilt and we can seldom succeed by collecting evidence in the traditional, century old manner - using such legal investigative activities as – interrogation, confronting, search, etc. The draft supplement to the Law on Criminal Procedure in force has been worked out on the basis of this research. In December 2001 Saiema approved the new chapter- “The Special Procedure of Investigation Activities” in the first reading, but now, while I am writing these thesis, it is ready for the second and the third - final approval. The special procedure of investigation activities, foreseen in the mentioned chapter is expressed in three ways: Firstly, the investigator completes the investigative activities mentioned in this chapter only according to the order of specially authorised prosecutor or judge. Secondly, the person, against whom or whose activities are investigated, is not informed about the investigation at once and so that he/she cannot interfere and affect the process of collecting evidence. They get to know about the fact and the results of activities after completion of pre-trial investigation when they are introduced with the materials of the case. Thirdly, the above-mentioned activities are charged with the police or other authorized law enforcement institutions The worked out supplement to the Law on Criminal Procedure provides nine investigative activities to be completed according to special procedure. They include: control of all types of legal correspondence, control of all types of communication, audio control of the place or the person, video control of the place, observation and surveillance of the person, observation of the object or the place, the investigative experiment completed according to special procedure, the process of obtaining patterns for comparative investigation and control of the criminal activities.

ABOUT A ROLE OF METHODOLOGICAL FUNCTION PRIVATE(INDIVIDUAL) BY CRIMINALISTIC OF THE THEORIES

N.P.Maylis, the doctor of jurisprudence, professor the Deserved lawyer of Russia, the professor of faculty of judicial examinations the Moscow academy IAM Russian Federation. In the report the scientific directions stated in one of fundamental works of the professor Ð.Ñ are considered (examined) R.S.Belkin’s, "By Lenin the theory of reflection and methodological problems Soviet for criminalistic". This work and now has not lost the urgency. Proceeding from postulates R.S. Belkin’s, its methodological function in relation to various areas of scientific knowledge, sorts and kinds of judicial examinations is shown on an example private(individual) by criminality of the theory - òðàñîëîãèè. Some examinations are considered, in which the methods and receptions òðàñîëîãèè are used the theory. In criminalistical aspect of forecasting in the report are designated, not only separate achievement in a science òðàñîëîãèè, but also way of its further development.

The Situalogical approach in criminalistics

T.S. Volcheckay, Doctor of jurisprudence, the professor Kaliningrad state University. Prof. Belkin wrote in his article about the connection between kriminalistic’s theory and practical activity. The situation approach is the main direction in it. In this article is describe the main types of situations, there are criminal’s and criminalistic’s situatiuon, the procedure of situal modeliration.

ABOUT DEVELOPMENT OF THE THEORY OF CRIMINALISTICS ABOUT TEMPORARY COMMUNICATIONS(CONNECTIONS) AND ATTITUDES(RELATIONS) AT INVESTIGATION OF CRIMES

W.M.Meshkov, The doctor of jurisprudence, professor, The deserved lawyer of Russia The assistant of the chief Kaliningrad Law Institute MVD of Russia. This article deals with the development of the criminalistic theory of time relations and connections. The process of emerging the theory has been analysed. One of the leading criminalists in our country R.S. Belkin took part in it. The main concepts of the theory have been described. The main lines of its development have been defined.

METHODOLOGY OF FORMING MINOR THEORIES OF CRIME DETECTION (BASED ON A SAMPLE OF CRIME DETECTION STUDY OF INVESTIGATION)

À.A. Zakatov, the deserved figure of a science of Russia, the doctor of jurisprudence, professor. the professor of faculty of criminalistic the Volgograd academy IAM of Russia, N.A. Solovjeva, the candidate of jurisprudence, the senior teacher of faculty criminal process and criminalistic the Volgograd university. At the present moment we have come to the necessity to totally analyze and sum up new tendencies, which can characterize today’s crime detection science. It is primarily caused by the increase of social significance of this field of science taking into consideration qualitative and quantitative changes in the level of crime in this country and subsequent needs of investigative, expert and investigation campaign practice. It is necessary to analyze the essential methodological principles to work out a scientific theory. In this respect minor theories of crime detection play a role of the methodological base of methods, means and techniques of the activity. According to their subject the theories are referred to this or that part of crime detection science. (techniques, tactics or methodology) In the formation of minor scientific theories (including crime detection study of investigation) collected data one by one go through the following stages of modification: 1.stating facts 2.recording and studying facts 3.describing facts 4.explaining facts It is a continuous process when minor theories including crime detection ones emerge, get improved and modify, as the process of stating and explaining facts itself is always in progress. In our opinion a minor theory of crime detection is to have the following parts. The theory itself is divided into 2 parts: general and aspect. The division is based on the fact that crime detection study of investigation being a minor scientific theory is made up of major and minor tactical statements. The major one being a methodological base of the minor one includes 3 parts: 1. notional (which denotes such a notion as investigation, highlights its principles, the subject and the object of theory, methods (scientific and empiric), goals, the contents of investigation and other basic notions) 2. classificational (which contains various classifications of crime detection study of investigation) 3. functional (which includes functions of the theory and consequently psychological and organizational basics of an investigator’s job The functional part represents in itself a theoretical base of a practical side of investigation, which is the main topic of the aspect part of a minor theory. The aspect part of the theory is made up of 5 components according to the target of the activity: 1. preventing the accused from evading responsibility 2. investigation of a current criminal case 3. investigation of separate objects (which belong to a runaway accused , clues, corpses etc) 4. reinvestigation of a criminal case suspended by legislation) 5. interaction between an investigator and the organ of inquest and other state institutions and the public It is necessary to note that interaction and investigation of separate objects among the others take a special position as the above recommendations on interaction are also targeted at other components of the aspect theory. The investigation of separate objects is a compound part of any aspect of investigation

R.S. BELKIN’S CONSEPTION ON SUBJECT OF CRIMINALISTICTICS AND ITS INFLUENCE ON SYSTEM OF THE SCIENCE

A. F. Volobuev, the professor of faculty Criminalistics National university Internal businesses IAM of Ukraine. One of the most important parts of the professor Belkin’s theoretical heritage is his conception on subject of criminalistics, which has been influencing considerably minds of modern researchers in the criminalists field. Undoubted service of the scientist lies in the accents he made to functional side of two kinds of activity – criminal and investigative, which are the object of criminalistics research, but not to content of the criminalistics (science about planning and organi0zation of a crime investigation, technical means and ways etc.). He made conclusion that object of the criminalistics, first of all is regularity reflecting processes of a crime commission and activities of the crime investigation. In connection with this conception the notion of the system of criminalistics needs correction. Because the system of science can be described as knowledge about the subject structured in particular way. Taking this circumstance in account it makes sense to systematize content of the criminalistics in accordance with structure of its subject and principle “from general to the particular”. Such approach presupposes division of the criminalistics into general and special parts. The general part is intended to include following structural elements: 1) scientific provisions - information on criminalistics as a science (studies of the subject, system, methods, history of development, connections to other sciences etc.); 2) part on the most general mechanisms of crime commission and development of information about it (studies on modus operandi, place, time and situation, criminal, victim, formation of traces, and its classification; and other provisions connected to this part of the subject of criminalistics); 3) part on methods of general character, which are in use within crime detection and investigation (studies on identification and diagnostics, means of fixation of information, clues, prognosis, cooperation of investigator with operative-and-search subdivisions, use of forensic sciences and other provisions connected to this part of the subject of criminalistics); 4) part on technical means, tactical ways, which are in use within preparation and conduct of investigative actions (crime scene investigation, interrogation, search, seizure, line-up and other). The special part is intended to include provisions of methodological character, where particularities of modus operandi of different kinds or groups of crime (criminalistics characteristics) are considered together with particularities of its investigation. In this way the criminalistics gains classic structure used in different fields of law and number of juridical sciences. To my opinion this structure reflects more accurately the subject of criminalistics and finds its logical structure.

R. S. BELKIN'S CREATIVE LEGACY LIVE IN HIS DISCIPLES' WORK

E. G. Saharova the post-graduate student of faculty criminalistic tyumen legal Institute IAM Russian Federation. A great scientist is characterized by his contribution to science and by the school, which he created. One of such a scientist is Raphail Samuyilovich Belkin. He is the most outstanding criminalist of our country. R.S. Belkin used to be not only the great scientist in the sphere of criminalistics, but also a person, whose legal and pedago0gical practice is worthy of respect. R.S. Belkin's creative activities coinsided with the intensive development of criminalistics: the general theory, the criminalistic techniques, the tactics, the methods and the criminalistic examination (1950-1960 and the modern stage of the criminalistics' development). He was acquainted with the famous criminalists. There was no such a branch of criminalistics which he didn't touch with. Many authors quoted Belkin's works to the solve the problematical situations in the theory and practice. R.S. Belkin hed great services to the elaboration of the problem of proving in criminalistics as well. He created his own scientific scool and thfined a great amout of scientific personnel. About 120 master's and doctor's theses were written under his supervision. The majority of his followers keep on serving criminalistics, giving their own contribution to its development. His best disciples have got Doctor's degree and some of them have got even the title of "The Hoarary scientist of Russia". His apprentices: T.V. Averyanova, V.A. Zhbankov, N.V. Grigoryev, N.G. Shurukhnov, M.K. Kaminsky, G.M. Meretukov, V.P. Lavrov, G.K. Sinilov and others became Belkin's friends. Vladimir Petrovich Lavrov. His scientific interest is represented by a rather wide aspect of criminalistic problems. He devoted himself to science and to the edication of new specialists. Lavrov's doctor's thesis, which dealsing with the problem of crime's detection, is still unique. Grigory Karpovich Sinilov is a leader in the theory of the operative-searching activity. Tatyana Vitalyevna Averyanova is an developer of the conception of the theory of judicial exemination, she offered its structure, the classification of the theory methods and the practical examination activity. T.V. Averyanova's works differ "by fresh ideas and their original decisions". Elena Rossinskaya, the Belkin's doughter, having a lot of difficulties during her scientific search, proved her importance for criminalistics of our country. Her investigations are devoted to the basis of the theory of the unwrecking methods of the material other serious scientific papers as well. R.S. Belkin put some questions on the conseption of the criminal description of crimes, on the investigatory situation, on the tactic scheme, on the tactic risk and so on to the scientists of future generations. R.S. Belkin will be alive in the minds and in the heards of the investigators for many, many years. He will be alive in the history of criminalistics for ever.

INVESTIGATIVE SITUATIONS; THEIR TACTICAL AND METODIAL

Î. I. Baev, the deserved figure of a science of Russia, the doctor of jurisprudence, the professor the Voronezh State university. Beginning with R.S.Belkin (1959) and A.N. Kolesnichenko (1967), the problems of Russian criminalistics are being investigated actively. Hitherto almost all outstanding specialists in crime direction have advanced their opinion about notion, essence and nature of this one of the main criminalistic categories. Influenced by their surveys independent criminalistic studies of an investigative situation have appeared and develop progressively. At the same time, the opinions about the essence of an investigative situation differ. Most of them ( R.S. Belkin, V.K. Gavlo, V.I. Shikanov and others) interpret it as “the aggregate of conditions under which an investigation is being carried out”, i.e. the situation “in which a process of proving proceeds”. In our opinion, such an interpretation of the term “investigative situation” is unacceptable. The main error of those who adhere to this conception is that they do not see the difference between a situation (conditions) of an investigation of a concrete crime by a concrete investigator and an investigative situation as a category of criminalistics. If we interpret an investigative situation as conditions, which determine, complicate or facilitate an investigating of a concrete crime, its structure inevitably contains the investigator’s personality and technical, organizational and other facilities which are available for a concrete investigator in every concrete case. Really, they greatly determine and form the conditions of the investigation of a crime. That is why one and the same scene of an investigation of a concrete crime can seem different. It depends on numerous factors: an investigator’s experience, his intellectual, psychological and emotional features his specialization in investigating of different kinds of crime and even sex. In every concrete case, as it has been mentioned above, an investigator has different financial and organizational base for his investigation. If in this connection we interpret a situation of investigation as an investigative situation, criminalistics, developing tactical recommendations on using one or another method, must take these factors into account. So, the recommendations would be as follows: if you are a clever investigator, do like this, if you are not – like that; or if you have a car, do like this, if you have a horse – like that; etc. Needless to say that it is nonsense. As far as we are concerned, an investigative situation as a category of criminalictics is a model which gives information about typical situations of an investigation. And as any other model, an investigation situation in such an interpretation, has the most important and typical qualities and features of those situations, the model of which it serves. And all the criminalistic means of solution of an investigation are created in conformity with those models. There is no unity in the scientific literature whether an investigation situation is a category of criminalistic tactics (R.S. Belkin) or methods. We find the raising of this question is not well-founded. Taking into account the essence of the mentioned section of criminalistics we are inclined to believe that there are investigation situations of tactical character and there are of methodical. From the point of view of investigative tactics, the basis of investigative situations is the degree and forms of counteraction to the process of investigation of a crime and the investigator’s attitude towards the information which the subject possesses and the investigator is looking for. According to the latter statement we can single out four situations: the subject knows the information sought by the investigator, he has taken it adequate and can reproduce it to the investigator; the subject knows the information sought by the investigator but he has taken it and/or reproduce it with some unintentional distortion; the subject knows the information sought by the investigator but he keeps it from the investigator or distort it deliberately; the subject doesn’t know the information sought by the investigator but the latter thinks that the subject conceals the information because of some reasons. With respect to the methodical point of view (in contrast to tactical) an investigative situation is predetermined by the information available which conditions on direction of “processing” of mechanism of an investigation predetermined by the sort of the investigating crime and the way of its perpetration on each stage. For instance, on the primary stage (the most difficult) of investigation there can the following situations appear: a crime has taken place (an act, which has enough facts to distinguish a crime), it is necessary to ascertain who and under what circumstances has committed it, the presence of the corpus delicti in his actions and other circumstances, that are important in the proving of the criminal case. It is clear that the situation of so-called non-obvious crime is the most typical of the beginning of the investigation of the most heinous crimes against a personality. There is a person, who has committed a crime, it is necessary to ascertain whether he has committed the crime indeed and whether it has the elements of the corpus delicti and all the circumstances that belong to the criminal case as regards to the article 73 of the Criminal Code of the RF. The emergence of such an investigation is typical of the investigation of most economical and official crimes and most of proceedings instituted on the base of efficient-searched information: A criminal event has taken place, the person who has committed the crime is known, it is necessary to ascertain the presence or absence of one or another crime and all its circumstances, which are subject to be proved according to the proceeding. A similar situation appears when a person is caught “red-handed” or just after his arrest. This approach can be used in constructing tactical and methodical situations (by analogy with an investigative situation they can be called defensive) of professional defense in proceedings, criminalistics aspects of which have been intensively studied in the scientific literature lately. Tactical defensive situations condition on three structural factors: a) the client’s attitude towards the essence of the prosecution (the client is under suspicion of committing a crime); b) availability of evidence which proves guilty of the client; c)the degree of the advocate’s knowledge about the latter. As regards to the methodical point of view, the following situations can be singled out conformably to the moment of the completion of the preliminary investigation: the client admits his guilt in committing the imputed crime, and there are authentic proofs, confirming his acknowledgment impartially in the case; the client doesn’t admit his guilt but there are no proofs, conforming his acknowledgment in the case; the client doesn’t admit his guilty and the aggregate of the proofs available is not enough for an avowal of guilt, in advocate’s opinion; the client doesn’t admit his guilt but as far as the advocate concerned, the proofs convicts him and their aggregate is enough for an avowal of guilt.

PROBLEMS OF ORGANIZATION BOTH TACTICS OF INVESTIGATION AND JUDICIAL ACTIONS IN WORKS R.S. BELKIN’S AND CPC RUSSION FEDERATION

A.S. Podschibyakin, the doctor of jurisprudence, professor, the manager by faculty of criminaliistycs Moscow state Institute of the International attitudes. In the article of Podshibjakin A.S. is described the contribution of Belkin R.S. to the development of the scientific regulations, devoted to the organization and tactics of the individual investigate actions. In the article are considered the problems, caused by the imperfection of the new procedural criminal code of Russian Federation. The necessity of the accurate differentiation in law of investigative actions and investigation in court is also shown in the article.

INTEGRATION MODULAR ASPECT OF THE CRIMINALISTICS STRATEGY AND TACTICS IN PROSECUTION AND DEFENCE AS THE REFLECTION OF INTEGRATION AND DIFFERENTIATION IN SCIENCE

G.A. Zorin, the doctor of jurisprudence, professor, the manager by faculty of criminal process and criminalistic Grodno State University. Integration modular tactics (IMT) is a complex, ordered, open, multi – stage, functional, prediction system, combining intellectual, emotional, volitional, motivational, procedural and tactical elements to have an optimal influence on participants of the investigation and on the situation in order to establish the truth of a criminal case. The tactics of criminalistics represents an open system of integration elements ( technique, methods, algorithms) which are free in their form and contents and are caused by a situation, personal peculiarities and by aims of training of creative criminalists under criminal procedure conditions. We shall enumerate only main conceptual lines of integration tactics in the sphere of training and practical realization. 1. Personological ( centralized on the personality). 2. Situalogical ( centralized on the situation). 3. Interactive ( concentrated on interpersonal contacts). 4. Positional ( defensive, offensive, neutral). 5. Intensive ( massed, systematized, monodirectional). 6. Extensive ( oriented on expansion of approaches, on expectancy, “ Incubation”). 7. Modular ( diaggregational, variational, algorithmizational: prediction determined on tactical interception of initiative, inversional ( with regrouping inversion of elements). Criminalistics should be preactive in order to take the lead over criminals in quality and quantity of methods, means of counteraction. The criminalistics branched tree of methodological resolutions and operations should include algorithms for solving all the problems which may arise right now or in the near future.

TECHNICAL-CRIMINALISTICS MAINTENANCE OF SWINDLING INVESTIGATION IN INSURANCE OF AUTOMOBILES

F.V. Glazyrin, the doctor of jurisprudence, the professor, the manager by faculty of international law and rights of the man Volgograd State university, E.V. Bulgakova, The post-graduate student of faculty of criminal process, criminalisnice and legal psychology the Volgograd state university. Development of insurance market in Russia entails increasing of crimes in insurance practice. According to statistics, the most frequent are acts of swindling in insurance of responsibility of owners of motor transport (by feign of hijacking, feign and falsification of the circumstances of traffic accidents etc.). Insurance of responsibility of owners of motor transport dictates to compensate for the losses incured by third parties in the case of traffic accidents. The main forms of criminal infringement on pecuniary interests of the insurant are the following: receipt of insurance compensation in amount larger than the actual cost of the object of insurance and amount of insurance; multiple simultaneous insurance of the object of the insurance in various insurance companies; illegal receipt of compensation by falsification of insurance case; illegal increasing of the amount of compensation and the other forms of criminal infringements. Crimes in insurance practice are particularly socially-dangerous, they are latent and it is impossible to establish the circumstances of the crime without modern technical-criminalistic means and methods. Considerable aid in uncovering and investigation of various kinds of swindling motor transport insurance can be provided by special knowledge in expert examination. Thus, for establishing the truth in cases of swindling in motor transport insurance it is necessary to use technical expertise, traffic expertise, criminalistics expertise of documents, criminalistics expertise of materials, goods etc. When appointing an expertise, investigator should realize what special knowledge is needed for solving the problems. If for solution a problem knowledge of several spheres is needed, it is necessary to appoint a complex expertise. The most effective investigation of swindling in transport insurance is caused by use of modern technical-criminalistics maintenance of investigation which includes in the use of computer technologies, creating databases, criminalistics registration, new methods of criminalistics expertise.)

SOME PROSPECTS OF PERSONALITY IDENTIFICATION SYSTEM DEVELOPMENT IN THE RUSSIAN FEDERATION

Vladimirov V.Y., PhD in Law, Professor, Honorary Lawyer of the Russian Federation Valetov D.A., PhD in Law. According to the statistics provided by Ministry of Internal Affairs of the Russian Federation, about 55-60 thousand citizens are annually registered in the Russian Federation as missing, 40-45 unidentified corpses are found, but identification is successful only in 60% of the cases. As the experience of the Central Department of Internal Affairs for Saint-Petersburg and Leningrad region shows, the effective activity on identification of personality nowadays is possible only on condition of active interaction between all the interested departments of the executive power (Ministry of Internal Affairs, Defense Ministry, Public Prosecutor's Office, Ministry for Emergencies, Ministry of Health Care, Ministry of Justice, Federal Security Service) that should be based on a clearly defined normative-legal status of the whole system of identification procedures (SIP). Therefore, the following premise becomes evident in this case: the organization of the whole system of identification procedures should be planned in advance, and, first of all, its expert component for emergency situations ought to be given special consideration, both at the regional level and at the federal level. In the course of the planning, one should primarily take into account the fact that the first identification actions on all the objects of investigation (corpses and their remains) must be carried out within the shortest possible periods of time (from several hours up to several days depending on the season, weather conditions and a number of other factors). In order to establish the system of identification procedures (SIP) and maintain it in full alertness for the cases of a large number of victims, we find it expedient to organize a single governing and coordination body that would apply in its work the automated information-search system (AISS) with detailed information collected both at the regional level (in accordance with the number of the newly created administrative districts in the Russian Federation), and on the federal scale. The united Russian Center of Identification, with its three-level system (city and regional Bureaus of Forensic Expertise, Emergency Control Stations of Central Department of Internal Affairs, Departments of Internal Affairs, North-Western Department of Internal Affairs on Transport and temporary mobile divisions (TMD)) could become the required body at the federal level. The information data base (IDB) should become the second main component part of SIP, and its formation is the key mission for the development of the whole system. Deposit of the data essential for identification purposes shall be made not only at the expense of the medical information and biological material for potential molecular and genetic investigations, but also through the opportunity of access to the information significant from the point of view of crime detection through the system, which can be, for instance, similar to ADIS "PAPILON". Preventive collection of medical-criminalistic information carried out, at least, for the increased risk groups is another vital component part of identification of personality. In this respect creation of Identification Information Data Bank (IIDB) gains in importance, and here blood, sperm, buccal epithelium, hair can serve as useful biological material subject to collection and storage. Thus, creation of a united system of identification procedures based on the principles of centralization and de-centralization will ensure not only successful local, regional and federal but also, in case of need, international search and detection of unknown victims both in this country and abroad.

OBJECTS OF THE CRIMINALISTICAL SURVEY IN PRACTICE OF THE CUSTOMS CONTROL

B.Ê. Kazurov, the senior lecturer the chief of faculty the Russian customs academy À.Ã. Ñêîìîðîõîâà, the candidate of jurisprudence, senior lecturer the senior lecturer of faculty the Russian customs academy. In this its proposed to use criminalistical accomplishments for the exposure indication of the illegal transference of goods (another objects) over the customs border. It’s designated appearing problems of the scientific and methodical character.

CRIMINALISTIC ASPECTS OF STUDY CRIMINAL OF ACTIVITY

N.S. Karpov, the candidate of jurisprudence, senior lecturer of faculty of criminal process of National academy of internal businesses of Ukraine. It is stated in the work that old approaches on research of criminality to define measures fighting it are not sufficient and need to be reconsidered/Criminalistics have to research everything in criminal activity that reflect and characterize activity and functioning of criminal associations, groups and separate criminals in any kind of such activity. There are characteristics of main directions for research of criminal activity.

CONCEPT OF THE CRIMINALISTICAL ESTABLISHMENTS OF THE PERSON

G.I. Povreznjuk, The candidate of jurisprudence, the senior lecturer Academy of the Ministry of Internal Affairs of Republic of Kazakhstans. At the development of private criminalistik teories greated pay attention on questins of studying a personality. However, today in the criminalistics is absent an unitd concept, referring to the given problem, but separate theoretical and practicfl recommendations, development bases in different sections of criminalistics. Some positions, referring to criminalistik for determination a personality càn be not explained within the framework of available theoretical positions. Theory Development of criminalistik determination of personality for participants of crimimal process realy in is necessary. Such theory should be developed as private criminalistik theory on colleting activity organization, studies, evalution and use information on set person up with will take aim buldings its information model, but in the practical aspect – to fall an criminalistik strategy into the contents. Development of these aspects of problem allows to fill gaps in its study, offer practical recommendations promoting an effective utilization of modern means and methods in criminalistik an establishment of the person.

TO THE PROBLEM OF THE RESEARCH OF THE CONTENT OF THE CRIMINALISTIC OPERATIONS PRIVATE THEORY

I.M.Komarov, assistant Professor of the Department of Criminal Procedure and Criminalistics Altai State University. The article deals with the problems of the subject of the private theory of criminalistic operations, its object and methods and also the definition of the place of this theory in the criminalistic systematics. The author thinks that the subject of private theory of criminalistic operations means criminalistic regularity which is reflected by it. Firstly, there is the regularity of revealing, getting and fixing of the necessary criminal and efficient information out of the processes of its whole movement in the situations of crime commitment and also regularity of effective and optimal use of this information(as proving and orienting) in the situations of investigation in the purposes of systematic problems solution of the criminal legal procedure. Secondly, this article touches upon the regularity of the formation and improvement of the scientific backgrounds, practical recommendations and regulations concerning effective and optimal planning, organisation and function of criminalistic operations in the solution of these problems. The object of theory is a criminalistic operation in itself, it is a special criminalistic method of knowledge of subject provement, it is a method of theory which at the same time is an object of investigation and its own method. Private theory of criminalistic operations is defined by the author of this article as a forming complex criminalistic knowledge concerning criminalistic operations as a category of criminalistics and their method based upon the system of general, theoretical and methodological positions which are conditioned by the essence and manifestation of regularity of getting and use of proving criminal and meaningful information in criminal legal procedure by the subject. The author thinks that private theory of criminalistic operations should be developed as a part of common theory of criminalistics as a science, influencing the development of knowledge of the criminalistic operations in the theoretical bases of the parts of criminalistic techniques, tactics and methods for their following practical use on the basis of genetic and systematic relations.

THE CONCEPT OF “POISK“ (SEARCH) ACTIVITIES IN THE PROCESS OF CRIMINAL INVESTIGATION

G.A. Kokurin, kandidat in Law head of the Crime Detection Department the Urals Institute of Law of the Ministry of Internal Affairs Senior Lecturer. There is nowadays a considerable change in the structure of legal science, a strengthening of interdependence between different branches thereof: criminal procedure, criminalistics, theory of ORD (“operativno-rozisknaia deiatelnost” is a concept meaning search activities realized openly and secretely by specialized units of State departments within the limits set by a federal law). Between theory of ORD on the one hand and criminalistics on the other, there is a feed-back which manifests itself, to quote R.S.Belkin, “by means of an adaptation to the conditions of ORD and of a correction of a number of concepts and categories of criminalistics, taking into account the theory of ORD”. Many scientists have given up a too narrow approach to the concept of search (“rozisk”) as regards its objects, subjects, methods and means. There is a radical difference between the concept of “rozisk” in a narrow sense and that of ‘rozisk” in a broad sense. In the latter case, the definition of “rozisk” reflects “poisk” activities and not purely “rozisk” ones. In fact, “rozisk” in a narrow sense mainly consists in a detection of identified, individually determined objects whose exact location is not yet known (an accused who goes into hiding, a missing person, etc). “Rozisk” in a broad sense, in its turn, represents a set of investigative activities whose purpose is twofold. First, these activities should reveal sources of significant information in order to obtain data allowing to supplement and to render concrete the distinctive features of the object sought for, and so to identify the latter completely. Secondly, the purpose of these investigative activities is to conduct large scale tactical operations in order to detect the object sought for (cordoning off, inspecting the locality, etc). It is worth emphasizing that a great number of tactical operations of the “poisk” type may be realized in the process of conducting both of the traditional types of “rozisk”. However, the information bases of such operations would vary according to the type of “rozisk”. “Rozisk” in a narrow sense is founded on a reliable base of concrete information regarding different features of the object sought for. This is why the process of “rozisk” of an individually determined person or that of a concrete object is more purposeful in nature, and the result is quicker and easier achieved. In the context of a “rozisk’ in a broad sense, on the contrary, a negligible information base consisting of general – and sometimes of only hypothetical – features of the object sought for may lead to serious difficulties in the process of conducting a tactical operation of the “poisk” type. It would then be necessary to undertake additional measures – including operational ones – but the result may nevertheless be unreliable and inappropriate. Apart from that, the hypothesis under examination is linked to administrative detention of a considerable number of people, which in itself is undesirable. It is also necessary to make a comparative analysis of the sources of information for both types of the “rozisk” activities. Let us remind that in the process of a “rozisk” in a narrow sense, is determined a group of sources of criminalistic information containing data regarding the places where individually determined objects which are sought for are possibly situated. After that, purposeful activities of detection take place according to an established procedure. Under a “rozisk” in a broad sense are revealed those sources of information which can provide additional data allowing to render concrete as well as to individualize the objects which are sought for (photographs, a detailed description of the stolen things, etc). Thus, “rozisk” in a broad sense and actions and measures undertaken thereunder coincide in many respects with criminal investigation activities, when the important circumstances of a criminal case (character and extent of the damage, identity of the crime perpetrator, etc) are discovered and proved. Though measures undertaken in pursuance of such activities in order to detect the objects sought for are not extremely purposeful or selective, they may be quite effective, provided they are properly organized. Thus, activities traditionally described as “rozisk” in a broad sense should better be viewed as typical “poisk” activities. They are realized in the process of criminal investigation along with evidence collection. When sufficient criminalistic information regarding the features of the objects sought for is collected, and when this information enables to identify these objects in a reliable way, then, a traditional “rozisk’ of the criminal is carried out, i.e. a “rozisk” in a narrow sense. Our analysis also enables to single out of the two broader categories (“rozisk” and “poisk”) different sub-categories which differ from one another according to a number of criteria: character and content of the object sought for, peculiarities of the means and methods used, etc. Our research enables us to give a general definition of the “poisk” activities. The latter represent specific activities of investigators and other workers carried out by means of procedural actions of both open and secret character, the purpose of such activities being the discovery of sources of criminalistic information regarding the features of the objects sought for, and in certain cases the finding of data on their location, to be used in the criminal investigation process.

INFORMATION ASPECTS OF SOLUTION AND INVESTIGATION OF CRIMES IN MODERN CONDITIONS AND THEIR REALIZATION IN THE WORKS OF PROFESSOR R.S. BELKIN

A. Ishin, Master of science Degree in Low, the senior lecturer, the chief of faculty of Kaliningrad Low Institute of the Ministry of Internal Affairs of Russia. As for me I was lucky to be one of numerous pupils of the leading scientist - criminalist professor Belkin R.S. In May 1996 under his management I have successfully maintained the thesis for the master of science degree on a theme “Use of mass media in an identification and location persons who have committed crimes, during preliminary investigation”. After maintaining, professor Belkin R.S. strongly recommended me to deal with problems of the information in criminalistics. The given problematics is very close to me, as actually investigation of crimes is fight for the information. Carrying out recommendations of the supervisor of studies, I bring to your attention the present article. I admire a scientific prediction of professor Belkin R.S., concerning questions connected with information aspects of investigation of crimes which are rather actual in modern conditions. Solution and investigation of crimes is inextricably connected with the information, with current of information processes. Without the information it is impossible to operate effectively system of investigation, to provide its optimum functioning and performance of tasks of criminal proceedings. Activity of law enforcement bodies on solution and investigation of crimes now all in the greater degree depends on their knowledge and ability effectively to use the available information. Before to undertake any actions, it is necessary to lead the big work on gathering and processing of the information, its judgement and the analysis. As a rule, it needs processing of great volumes of the information. Therefore, in activity of the inspector on the first place information technologies - set of means and methods of gathering, processing, transfer of the primary information for reception of the information of the new quality leave, allowing to establish presence or absence of the circumstances subject to proving when trying criminal case, and also other circumstances important for criminal case. For process of investigation of crimes the problem of the information, and such, its feature, as its accessory to material objects and processes is rather actual. All objects which are involved in process of investigation of crimes, are material. The matter exists in two forms: as material bodies and as power fields. They continuously cooperate with each other by moving bodies by accompanying continuous change of their condition as a result of a power exchange between particles. As a result of this interaction there is a continuous change of properties, both bodies, and fields surrounding them. To the person as to material object, continuous power interaction with other objects of a material world is peculiar. At the same time as the living being organism it possesses a continuous internal metabolism. As a result of interaction of these processes there is an information exchange between the alive and lifeless nature which develops as information processes. Any interaction of material objects is accompanied by formation of signals. Signals are distributed in time and space and fade as a result of interaction with substance. Such interaction from information positions can be considered as registration of signals. The result of registration of signals can be considered as the data. If the signal is registered precisely and easily distinct on a background of registration of collateral signals it can become a source for reception of the information on events which took place, or a source of the information on prospective events (at forecasting). The data are always objective. Opportunities of work with the data depend on their physical nature. If there are means allowing to fix the fact of registration of a signal, means by all means there are also means for reproduction of the data formed at the moment of such registration. Traces which the criminal leaves on a scene of crime, is a result of its interaction with surrounding bodies. For the inspector conducting investigation, it is the data carrying the information on occurred events. That the data became the information, it is necessary to take advantage of methods of access to the data. Usually one is required not, and set of the interconnected methods. Thus, from told it is possible to draw a conclusion above, that the information is formed of the data, but it substantial part depends not only on what signals have been registered at formation of the data, but also because, the data are reproduced by what method. The information as against the data is not object of the material nature and is formed as a result of interaction of the data with methods. As a result of work of such methods as logic thinking, the imagination and forecasting can be formed or processed the information on the "ideal" objects which are not having adequate reflection in a material world. This phenomenon is well-known, for example, under the analysis of a testimony. Witnesses not always distinguish the information received as a result of supervision and logic thinking. Therefore the same objective data can be interpreted in their indications in the different information. From positions of materialistic philosophy the information is reflection of the real world with the help of data (messages). The message is a form of granting of the information as speech, the text, images, figures, schedules, tables, etc. From the point of view of the aforesaid quite is proved, that in the new criminal - remedial code the legislator at definition of concept of the proof has refused use of concept “ any fact sheet ” , and uses other concept - “ any data ” . Consideration of information aspects of disclosing and investigation of crimes is impossible without research of a question of classification of information. Classification of the researched phenomena as means of ordering of knowledge always played an appreciable role in a science. To questions of concept of the information and its classification during disclosing and investigation of crimes the big attention was given by professor Belkin. R.S. Many his conclusions and positions are rather actual and applicable{applied} in modern conditions . For the general definition of the information used during disclosing and investigations of crimes in the legal literature are used two definitions “ criminalistics information ” and “criminalistics important information ”. R.S.Belkin has come to a conclusion that is necessary to use definition “criminalistics important information” which is understood “ as the information, able to represent itself as proofs on criminal case or promoting reception those, and also any other information important for achievement of ultimate goals established by the law of activity on disclosing and investigation of crimes ”. As such formulation reflects pragmatical(target) aspect of activity on disclosing and investigation of crimes. R.S.Belkin specifies, that “…the term “criminalistics information ” is empty and pointless. It does not carry any semantic loading as it is impossible to define, what information is criminalistics, instead of remedial or operative what it is extreme its sources. In the nature there is no such in- formation, and there is only criminalistics important information which means any information used for the decision criminalistics tasks, without dependence from its sort and a source ” . Quite proved R.S.Belkin's approaches to division criminalistics important information on the information having actual êcriminalistics value and the information having potential criminalistics importance . The big attention professor Belkin R.S. gave questions of information essence proving . Its sights it is possible to formulate as follows. On the remedial essence proving it is process of collecting, research, an estimation and use of proofs. From the point of view of the information contents, this process represents reception, extraction, collecting, accumulation, storage, transfer, processing and use of the evidentiary information making the maintenance of evidences. The structure of information proving process will consist of three basic elements: I) systems from which the information proceeds; 2) the system receiving the information; 3) a data carrier, connecting first two system. Giving concept of the demonstrative information, professor Belkin R.S. has defined, that data on event, the phenomenon concern to it, making the maintenance of evidences and used in legal proceedings for an establishment of true on business. The important place during investigation, in opinion of professor Belkin R.S., the focusing information occupies. For its reception the inspector carries out the whole complex of the organizational, search and other actions providing proving, but laying for its frameworks. Reception of such information - result of activity not only the inspector, but also the operative worker of militia, the expert and other persons giving such information to the inspector. The basic channel of reception of such information are the operative - search measures which are carried out by body of inquiry which with reference to proving process play a role of means of reception of the focusing information. Brief consideration of questions of concerning information aspects of investigation of crimes, allows to draw a conclusion on necessity of the profound researches for this area, probably, within the framework of the theory of a supply with information of investigation of crimes. In this plan, works of professor Belkin R.S. have basic value.

"PROBLEMS OF STUDYING OF COUNTERACTION TO INVESTIGATION AND MEASURES ON ITS OVERCOMING IN MODERN CONDITIONS"

Aleksandrenko E.V., the teacher o faculty disclosings of crimes National academies of internal affairs of Ukraine. Last years counteraction to investigation of crimes and objective consideration of criminal cases in courts is the extremely negative and dangerous social phenomenon representing direct threat to appropriate performance of law-enforcement function of the state and departure of justice. Not only traditional contenders of the inspector and their environment are involved in counteraction, but it frequent also victims, witnesses and also corrupt employees of law enforcement bodies and even court. There were 82 % of chiefs city and regions departments of internal affairs, 76 % sheriffs, 75,4 % of investigators of the procurature, 54,6 % of investigators of the Ministry of Internal Affairs and 50,4 % of the interrogated population, carried out by researches showed that met active counteraction. 77,4 % judges also met active counteraction, 49,3 % from which have declared rendering on them influences at realization of professional work. Counteraction accompanies all activity of law enforcement bodies: from the moment of excitation of criminal case up to its direction in court, and frequently proceeds even further. Sometimes rendering of counteraction "is incorporated" in the plan of preparation for a crime, having a task not to allow revealing by law enforcement bodies of criminal event. Having a complicated and dynamic nature, counteraction quite often leaves the frameworks of any one remedial stage of struggle against criminality being represented in various phases operative, investigatory, judicial and corrective-labour activity of law enforcement bodies legal bodies, being shown as independently, and dependent through acts of subjects, incorporated uniform malice prepense1. From the elementary forms (refusal of evidence, false evidence etc.) counteraction was transformed up to the complex, carefully thought over and precisely planned forms and as practice shows, frequently it appears in a complex, efforts of many persons that makes it productive. As results of researches, the pressure on all persons, indications and which professional actions can promote an establishment of true on criminal cases (victims, witnesses, workers of bodies of inquiry, consequence, court, experts etc.) acts is the basic way of counteraction last years. Struggle against criminality by reaction to concrete criminal acts never undermined foundations of the criminality – and was only separate and isolated "injections" in its constantly developing organism2. These words fully concern to counteraction of activity of law enforcement bodies on disclosing and investigation of crimes which in modern conditions is the specific element of criminal activity, and for the organized criminal groups the vital factor of existence3. Sometimes it is possible to talk about the counteraction to justice in whole, considering its scales and scope. The criminalistic develops recommendations for overcoming separate ways of counteraction to investigation, basically, in the form of concealment of crimes (masking, falsification, a performance etc). Probably, for time of their application by practical workers was sufficient and allowed to overcome rendered counteraction and to solve tasks of investigation. These recommendations are not settled yet. Available traditional arsenal of means is not enough, however, now, taking into account scope and scales of counteraction, quantity of counteracting persons, their social status and opportunities. Only personal qualities, abilities and a level of professionalism of the investigators, operative workers resisting to criminals however, are not enough now. As besides the traditional ways of counteraction are used also specific (discredit of workers of law enforcement bodies, including with use of mass-media etc). Really, whether the awareness and readiness of the inspector for overcome concrete ways of counteraction will heep if the number of subjects of counteractions includes its immediate superior, the public prosecutor or the judge, whose decisions frequently the investigator or operative worker is simply obliged to carry out (for example, about refusal in a summer residence of the sanction on arrest accused or his unreasonable clearing from under guards, unconfirmation of decisions about excitation of criminal case, refusal in the sanction to realization of operative actions etc.). The practice knows cases of direct treachery of interests of service and default of the service debt when workers of law enforcement bodies became organizers and executors of criminal acts (for example, the criminal cases of prosecutor Viacheslava Sharaevskogo). If nevertheless by an extreme pressure of forces the inspector manages to end investigation and to direct criminal case to court there is no guarantee which on the case punishment proportional to a crime will be appointed or in general the verdict of guilty will be born . Therefore, it is impossible to limit research of problems of counteraction only by studying its separate forms and preparations of the appropriate recommendations for investigators and operative workers. For development and realization of effective measures on overcoming counteraction it is important "to not become concentrated" on the concrete investigator or the operative worker and to look at an existing problem much more widely and clearly to see all levels of counteraction and depending on it to develop concrete acts (a complex of acts) for each of them. The adequate system of measures on its overcoming should be opposed to existing "system" of counteraction. In this process two components precisely should be allocated: one that can be exposed and overcome at a level of activity of law enforcement bodies, and one that can be overcome only by opportunities of the state and a society in whole. Without this differentiation (and, accordingly, realization of both groups of measures) the criminality will be very comfortable1. It is hardly to expect essential successes in struggle against criminality, while accepting of half-way measures and putting on the responsibility for a state of affairs in the country only on law enforcement bodies. Underestimation of these two important components in struggle against criminality, in our opinion, is a principal cause of that available criminalistics recommendations yet did not give desirable result. As V.N.Karagodin marks, “despite of rather extensive material, there were not undertaken any attempts of complex, multidimensional research of counteraction as social phenomenon (emphasized by us - Å.À.). In conceqence to absence of the synthesized, theoretically proved representations about counteraction effective recommendations for its overcoming that has to a certain extent an effect and for results of investigation on concrete criminal cases and efficiency of bodies, its carrying out are not developed also. Isolated studying of laws of use of separate kinds of counteraction which is quite often carried out in a uniform complex, did not allow to develop enough full and effective recommendations for overcoming many receptions and ways hidrance to investigation"1. From here, effective struggle against counteraction is possible only at the state level the joint, coordinated, consecutive efforts of the appropriate state structures, law-enforcement and judicial bodies, at the appropriate legal, organizational and appropriate material support of this activity. Specially for this purpose created by the state economic, social, political and legal means should oppose the modern organized criminality2. Only it is necessary to hope, that the appropriate legislation will not keep itself long waiting, and legislators will have enough spirit, will, desires and patience to finish the begun good business up to logic universal completion3. The article is devoted to modern aspects of counteraction to investigation as element of criminal activity and social phenomenon. The essence,various aspects of counteraction,position with of law enforcement bodies are considered.The data of interrogation of practical workers are cited.The question of an urgency of researching of problems of counteraction, development of measures on its neutralization for increasing of efficiency of struggle against criminality is arised. Effective struggle against counteraction in modern conditions of struggle against criminality demands the state approach and acceptance of economic, social, political and legal means in a complex.The adequate system of measures on its overcoming should be opposed to existing system of counteraction.

OCCURRENCE AND DEVELOPMENT CRIMINALISTICAL EXPLOSIVE SCIENCE AS PRIVATE CRIMINALISTICAL THEORIES

S.M. Kolotushkin, the chief of faculty Volgograd academy of the MIA of the Russian Federation. In clause the complex of problems of the theory and practice criminalistical bomb technique as private criminalistical theory is considered within the framework of maintenance of disclosing and investigation of crimes connected to application of explosive devices. In conformity with R.S. Belkin's conceptual methodological approaches, the substantiation of occurrence new private criminalistic theory is given, its structure, objects and subject of researches is opened. The area of knowledge criminalistic bomb technique as branches of criminalistic, covers: the general provisions criminalistical bomb technique; explosive substances and explosive devices: the characteristic, constructive circuits and ways of application; search of explosive substances and explosive devices; localization and neutralization of explosive objects; survey of a place of incident connected to explosion; bomb technical examination; bomb technical accounts.

PROBLEMS OF IMPROVIND CRIME INVESTIGATION PRACTICE ON THE BASIS OF CRIMINALISTIES

M.V. Subbotina candidate of Sciences àssistaut Professor deputy Chief Department Volgograd Academy of Russia’s Internal Affairs Ministry. One of the general laws of scientific development, to which Professor Belkin R. S. gave much attention, is the law of interrelation and mutual influence of science and practice. In criminalistics there a specific law, corresponding to this general law, it is the law of criminalictics recommendation dependence jn the practice needs and this practice improvement on the basic of the criminalistics science. These theses deal with the problem of improving practice on the basis of science. The work points out that all the crime investigation techniques (criminal characteristics of individual crimes, organization of investigation, and tactical peculiarities for conducting investigative actions) can be realised in practical investigators’ activity and it is shown how this knowledge can be practically applied. However, the main problem is to provide specific practitioners with new theoretical materials in the field of criminalistics.

PROBLEM OF THE CRIMINALISTIC CRIMES PREVENTIVE MEASURES IN THE INVESTIGATIVE METHOD

V. Shevchuk, the candidate of jurisprudence, senior lecturer, Senior lecturer of faculty National legal academy Ukraines of a name Ya. Wise. The article concerns actual problems of the criminalistic crimes preventive measures, a working out and investigation of which are the most perspective tendencies of the investigative perfection methods in special criminal types. It is analyzed by the author present standpoints concerning the place of criminalisctic preventive measure of crimes in the criminalistic course system, its contents, aims and other problems that are discussion nowadays and require deep comprehension. It is suggested to examine criminalisctic crimes preventive measures in two aspects: firstly as a specific subject’s activity authorized by the law and secondly as one of the scientific directions of the criminalistics. Also it is determined by the author both a subject of the criminalisctic crimes preventive measures and the main tendencies of this particular criminalistic theory. The criminalisctic crime preventive measures in author’s opinion concern special, final and necessary structural investigative methods of special criminal types that stipulate the actuality and necessity of the investigation and working out in present problems.

FORMATTING DISCRIPTION OF INFOMATIONAL STRUCTURE INVESTIGATION: PURPOSE AND APPROACHES

V.I. Sharov, the candidate of engineering science, senior lecturer, the Nizhniy Novgorod academy IAM of Russia. The investigation of crimes is a multiple activity, consisting, as R.S. Belkin says, of analyses acts of available information, choice of operational means and processing. The formal diseription informational structure makes the basis for the informational-research language to note criminalistic notions and characteristics (R.S. Belkin), the analogues bank of the criminal cases groups (N.A. Selivanov, S.I. Tsvetkov, G.A. Zorin), typical abstract models (G.A. Gustov). It seems, that there are two approaches coming most closesely to the creation of the formal diseription of the crimes investigation. The first is developped by S.I. Zsvetcov as the investigators methodic of making factical decisions. He takes the investigation situational approach, where the basic notion says that every taken investigation situation is characterized by the definite ways of investigators actions. The second approach is more traditional and it can be notified as the formal computer crimes investigation method. The scientific research (doctors degree) by S.N. Tchurilov is devoted to the problems of their analyses and classification. Criminalistic algorithms and programmes make the foundation of such methodics, basing on typical investigation situations. Modern approach, theory of artifitial intellect, includes making of knowledge model in the sphere of crimes investigation. This model will form investigation practice, theoretical research and other criminalistic knowledge. It seems, that the study of the formal description of investigation informational structure is one of impotant criminalistic problems, which wille bring the investigation informational support to a new modern level.

THE CRIMINALISTICAL CHARACTERISTIC, AS A COMPONENT PRIVATE(INDIVIDUAL) CRIMINALISTICAL TECHNIQUES

A.V. Shcmonin, the candidate of jurisprudence of Moscow. This article is devoted to one of the most debatable problems of modern criminalistic - characteristic of crimes. As it is known, criminal characteristic forms a basis for development of the most purposeful and effective techniques of disclosing and investigation of crimes. One of the modern directions of perfection of a technique of crimes investigation is the development of their criminal characteristics. The creation of the criminal characteristic is a very difficult and multilane problem of a technique of investigation of some kinds of crimes. To solve it, first of all, it is necessary to determine a category "the criminal characteristic " as the structure of recommendations for practical formation of characteristics and to their use in effective investigation of concrete crimes depends on the contents of this category.

SUBJECT AND NATURE OF CRIMINALISTICS: ACADEMIC DISCUSSIONS AND TRENDS

V.Yu. Shepitko Doctor of Law, Professor, Chief of the Criminalistics Department, Y. Mudry National Law Academy of Ukraine. The paper looks at the various approaches to the definition of the subject and nature of criminalistics. Criminalistics is a science that is in the front row of combating crime. Based on its research criminalistics offers detectives, investigators, experts and judges research-based and practically tested methods, approaches and techniques of detecting and investigating crimes and trying criminal cases in court. As a system of knowledge criminalistics emerged due to social demand of the government and community to develop new methods and techniques of detecting and investigating of crimes with regard to professional and organized crime. Historical criminalistics came to life as part of the criminal procedure science and is therefore closely connected with the theory of evidence. The subject of criminalistics is complex and compound. Legal sources offer different definitions: science of crime investigation, science of crime solution, science of trial evidence, science of technical devices, tactical approaches and methodological recommendations, etc. All these definitions, though, narrow the subject of criminalistics. At present new definitions of criminalistics emerge. Criminalistics is a developing science. We believe this is a science of rules of criminal activities and their reflection in information resources, that serve as basis for methods, approaches and techniques of evidence collection, study, assessment and use for the purposes of detecting and investigating crimes, trying criminal cases in court and crime prevention. Criminalistics knows different viewpoints at its nature. Recently new viewpoints have emerged which regard criminalistics as a science of synthetic nature.

ACTUAL PROBLEMS OF CRIMINALISTIC'S SCIENTIFIC SYSTEM

V. E. Kornoukhov. Doctor in law, Professor, Siberian Law Institute of Russian MIA. The System of major law Sciences is composed of both the general and the special parts. The general parts create general theory and special one indicates the s specification of theoretical construction's application to this or that objects of law regulation. The System of Criminalistic's is built upon the other principle - from the particular to the general that is why when we include in the last one the basic theories it doesn't give us some positive result because the nominative basis of any science doesn't work with the particular objects of knowledge. Consequently we need to find some other system which could reflect the object of criminological scientific knowledge adequately. The subject of criminal knowledge is a cognitive activity of an investigator and regularity of criminal activity in the way of commuting a crime. Cognition of criminal activity is one of the most important tasks of criminalistics, as it reveals the genesis of crime traces. Most of the studies in this field did R.S. Belkin. Laws of criminal study are described by the system of correlated characteristics of criminal milieu, study of habits, modus operendi, counteraction for the criminal investigation. All these laws regulate the cognitive process. Cognitive activity of an investigator is characterized by the following features: retrospectivity, accurance of situations, investigating activity, confirmation, demonstrativity. Cognitive activity of an investigator can be reflected through the system of theories: modeling, detective activity, complex cognition, experiment, identification, reconstruction.

WHAT IS DISPUTABLE IN CRIMINALISTCS?

V.K. Gavlo Professor, Head of the Department of Criminal Procedure and Criminalistics Altai State University. The article deals with the actual problems of the development of criminalistics as a science considering the contribution which had been done by the well-known criminalists of Russia such as Professor A.N.Vasiljev, whose 100th anniversary was marked by the public of Moscow State University and Professor R.S.Belkin whose 80th anniversary had also been marked and who this conference is devoted to. The author of this article thinks that according to Belkin’s considerations concerning the urgent problems of Russian criminalistics there are some disputable statements to which the author refers the following ones. First of all Belkin’s statement concerning the denying of the criminalistic characteristic of the crimes is disputable. It is impossible to accept the fact where he offers to cancel the term and concept of the “criminalistic characteristic of crime”. The intention of the criminalistic characteristics of crimes was, is and will be: it is necessary to give answer to what and how takes places in different situations of preparation, commitment and concealment of different types of crimes, what are the traces of the consequences of the crime commitment which are left in these exact situations and why ; what are the relations and dependence with the criminal as a person, with place and time of crimes and so on. It is impossible to follow Belkin’s point of view who thinks that there can not be criminalistic theories concerning the commitment of crimes and their detection and investigation and that the investigations are illusory in their aspect. The basis of such researches in criminalistics had been long ago made by the generations of many criminalists and theoreticians and practitioners including Belkin himself.It is unlikely to neglect their studies. What is the essence of this basis? The main point of criminalistics and it is proved by the systematic and structural, systematic and genetic and situational approaches is the knowledge of the regularity of origin and development in its system of informative processes, analysis of original and following state of situation and mechanism of crimes and situation and mechanism of investigation as the basic components of the system of criminalistics – “crime –detection, investigation and prevention of crime”. It is not important how we name them: study or theory. The main point is that they serve practice.

SUICIDES AMONG POLICEMEN AND MILITARY IN LITHUANIA

S. GLEBOVA, M.D., Ministry of Internal affairs, psychiatrist, Vilnius, Lithuania, dr.VAICAITIENE Ramune, M.D., Head of Military medicine training center, Kaunas, Lithuania; G. ZUKAUSKAS, Prof., habil. dr. M.D, vice-director Institute of forensic medicine Lithuanian Law University. The suicide in Lithuania-one of the most serious social problem. Having 3,5 millions of inhabitants there are about 1500-1600 suicides a year, i.e. about 45-46/1000 000 inhabitants. It’s worth to notice, that among the lost persons during a year among civil population (nearly 3000) half of them there are suicides and the other half – violant deaths: traffic events, homicide, fire, drawing and others. There are formed some initiative groups, some suicide prevention programs and projects, but they are very separated and we cannot say they work, because there is no tendency of suicide diminishing. Not paying attention to efforts and that we are the first in the world by suicide rate the number of suicide is slowly growing up. We’ll not try in this report to analyze the tendencies and reasons of suicide among civil population, but we’ll try to look at two categories –policemen and soldiers – which mode of life is quite specific and differs from the life of other part of civil population. The first steps in the investigation of army health are performed in the Military medicine training center. I was noticed in the pilot study that near 10% of soldiers tried or are using drugs. The second thing noticed was quite astonishing – the suicide ratio among the soldiers is higher than in civil population (45/100 000) and consists about 55-56/100 000 soldiers. So there a lot of problems and work among military personal (at that same time we must notice, that suicide rate among Ukrainian soldiers there is 5-6 times higher ours). From 1993 psychiatrists and psychologists are investigating the suicide rate and reasons among the policemen. During 1993-2001 years there were registered 59 police officers suicide. At the same time during patroling there were killed 17 police officers. From these date you can see, that 3,5 times more often police officers commit suicide than they are killed during duty time. By the side, analogical data you can find in other countries too, for example in N.Y – there are twice more suicides than killed police officers. Global problem? Police organization is quite closed and has a lot specificities. If comparing with other professions, policemen more often has stressful situations, they often use fire arms, they everyday contact with criminal world, with asocial persons, their work is not strictly normed. All the time policemen feel themselves under the sharp eye of press. So we tried to group stress factors and more common outcomes for policemen in Lithuania: A)stress factors there are-1.conflicts with higher officers, 2.conlicts with collegues, 3.conflicts in family and 4. the society often is negatively oriented towards repression structures. B) most common outcomes –1.somatic and psychiatric illnesses, 2. alcohol and drug abuse, 3.crime and 4. suicide. We tried to definite the main police officer – suicide characteristics: 1. the ratio of police officer suicide (54/100 000) in Lithuania is higher than in population in total –45/100 000; 2. 58% of suicides were commit with personal fire arm; 3. 40% of police officers commit suicide, were 25-29 years old; 4. before suicide even 42 % police officers worked only 1-5 years; 5. 64% suicide commit police officers were married; 6. 45% police officers commit suicide graduated secondary school; 7. 38% commit suicide in autumn (18% in October) and 15% in February; 8. most often noticed conflict situations before commit suicide – in work place – 20 %; 9. presuicidal situation in 57 % of cases lasted less than 24 hours; 10. there were no psychiatric or psychological complaints or disturbances before commit suicide.

THE SUBSTANCE AS OBJECT OF CRIMINALISTYCS

V.A. Obraztsyof, the doctor of jurisprudence, professor, the professor of faculty Moscow state Legal academy V.A. Khvalin, the candidate of jurisprudence, the senior lecturer of faculty Moscow state Legal academy. 1. The criminal practice and statistical data prove that the last years the explosive, radioactive, poisoned, drugs, psychotropic and other powerful and stupefied substances including dangerous for the human health and life biological substances have been acted as the objects in investigation and search, examination, fixation, withdrawal, preliminary and judge tests. All that influenced on the topics of the criminalistycs scientifical investigations, dissertations and articles. But basically investigations have been dedicated to the work out of detailed methods of examination and investigation of some types of crimes which are connected with some types of unhealthy substances. This object hadn’t been a subject of specialist analyze of criminalistycs theory. By the way importance of this branch is obvious. 2. Theoretical work out of the testing substances and connected with them tracks and other objects problem is very important and for the future development of object and subject doctrine, the language of this science, its system, classifications and other branches and for the creation of the basic methodological base and elaborations of applied trend. There are all the basis to consider that sooner or later the results of these investigations will cause the creation of the criminalystic doctrine about the substance. The key thing is the definition of the “substance”. 3. From our opinion the substance is the material in its elementary or changing condition which has no permanent structure. The substance (as the object of the criminalistycs) could be liquid, gaseous, powderous, dusterous or could have other condition. But when it has solid condition it is the thing because of its changed structure which has property of permanence. 4. The substance as the object of criminalistics is interesting from the four points of view for the theory and practice of the learning and proving in criminal process. The first is the type of the crime’s subject (the doctrine of substance as the part of the crime’s subject doctrine). The second is the type of product which trading is illegal activity, and this activity is connected with the enterprising and trading in so called shadow economy. The third is the type of fixated material tracks ( the part of the tracks” doctrine). The fourth is the type of crimes’ instruments (In the wide system of the crimes’ instrument doctrine). 5. As many times say R.S.Belkin every elementary doctrine is elementary to the common doctrine and the same time it is common doctrine to the doctrines which are elements of that doctrine. By the way the level of that elementary doctrine its external and internal connections depend on the power of generazation, its subject has the common or not common character. Because of that elementary doctrines could be common or not common registrating big or small subject region, big or small group of acts and processes it has to be characterized. Because of that fundamental causes it is clear that every of elementary doctrines is common to the doctrines which are compose it. And the same time it is elementary to the more wide system of scientific doctrines. So the doctrine about harmful substance as crimes’ instruments which is common to its parts (for example, to the doctrine of poison substance as the crimes’ instruments, to the doctrine of biological substance as the crimes’ instruments). But it is elementary doctrine to the common doctrine of crimes’ instruments. 6. One of the elementary forming doctrines (to the common criminalistical theory) is the crimes’ instruments doctrine. This doctrine is integrate complex system of scientific knowledge which includes the following parts : 1) the doctrine of fire-arms as the crimes’ instruments; 2) the doctrine of cold arms as the crimes’ instruments; 3) the doctrine of simple things, which are used as the crimes’ instruments; 4) the doctrine of harmful substance as the crimes’ instruments. All four doctrines are elementary to the common criminalistical doctrine of the crimes’ instruments (criminalistical knowledge of the crimes’ instruments in the wide meaning). The development of these elementary systems will lead to the enrichment of criminalistical knowledge of the crimes’ instruments. The same time making more active of the last theory will influence on the progress of the development of its parts. This process is very important for the development of law activity. It has relation to the Criminal Processing Codex of Russian Federation which have been signed not far ago. And in old Criminal Processing Codex of Russian Federation and in new Criminal Processing Codex of Russian Federation there are articles about investigation, fixation, withdrawal, getting of things and documents, but nothing have been said about substance as the object of search. It is serious omission of the legislators and they have to remove it because of that fact that in many cases the substance is the element of proving and remedy of proving in the criminal process. We can’t forget that fact that the substance is not only object of criminalistical and criminal processing practice, but also is the object of crime, administrative and other branches of law. But even the law about State court expert activity has no indication on this object. And this omission also have to be removed. This have to be made because of several causes, one of them is the following: the creation of such important law basis of the criminalistical theory, theory of judge investigation, investigating and judge practice, as the criminalistical investigation of materials, substance, things is consider to be.

CRIMINAL OR SOCIAL SHARACTERISTIC AS THE WAY OF THE CRIMINAL CASE INVESTIGATION

A. Kustov, the doctor of jurisprudence, professor, the professor of faculty of management by bodies of investigation of crimes Academies of management IAM of Russia. This paper deals with the problems of eccence of criminal characteristic and comparative analyses of different contemporary points of view of this term. The anthor of the paper has pointed the practical and theoretical importance of “criminal characteristic” ont. Its importance is to form the law version. The anthor has suggested to use “social characteristic” instead of “criminal characteristic”. It ’ll help, on the one hand, to increase the amount of subjects who may practicaly use this term, on the other hand, to eliminate of the elements of criminal characteristic. Theoretical and practical importance of using new categoree – crime mechanism – was argued by anthor. The term “crime mechanism” will be useful for new way of the criminal case investigation.

STRUCTURE CRIMINALISTICS: THE SYSTEM APPROACH

V.A. Gamza, the candidate of jurisprudence Moscow. Using modern scientific principles of system design: integrity, structuralism, interrelation, hierarchy, plurality, the author has offered a new method of criminalistics structure forming. Reasoning from the object of criminalistics should be substantial aspect (facilities and informal process) of activity for reducing crimes, the author has emphasized and structured following constituents of criminalistics: Generality 1. Introduction to the criminalistics 2. Theoretical footing of the criminalistics 3. Organizational footing of criminalistics work Special part 4. Criminalistics technique 5. Criminalistics tactics 6. Criminalistics methods 6.1. Criminalistics investigation methods 6.2. Methods of criminalistics securing.

ON THE QUESTION OF THE SUBJECT-MATTER FND SYSTEM OF CRIMINALISTIC