Law
Questions of Constitutionally-Legal Status of Auxiliary Bodies at President of Russian Federation |
Introduction. The present article is concerned with the status of the subsidiary bodies, which assist the presidential power realization in the field of the person legal status specification, that is the presidential powers, enshrined in Article 89 of the Constitution of the Russian Federation (The President of the Russian Federation shall: solve the issues of citizenship of the Russian Federation and of granting political asylum; decorate with state awards of the Russian Federation, award honourary titles of the Russian Federation, higher military and higher special ranks; decide on pardoning). Results. The author studied the regulatory matters of the Presidential Administration, the Presidential commission and councils, which make up the system of the subsidiary bodies under the head of state. Conclution. Analysis of the practice of their activities allowed us to formulate the legislative development proposal through the adoption of the Federal Constitutional Law «On the President of the Russian Federation», distinguishing the chapter «The subsidiary bodies under the President of the Russian Federation», which will fix their status, formation and operation. |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 2 |
Property Qualifications as a Limitation Constitutional Principle of Equality of Human Rights Regardless of Wealth |
Purpose. The article deals with the category «property requirements» in constitutional law. The author investigates the property requirements in a broad sense as limiting the rights of citizens based on whether or not the property, and in the narrow restrictions of voting rights as citizens. The comparative analysis of the legislation of Russia and foreign countries for securing property requirements. Results. The analysis of foreign law the author comes to the conclusion that the existence of property requirements – this is a gross violation of the principle of equality is unacceptable in a modern democratic and humanistic society. Discussion. The study author election pledge showed that the implementation of the majority electoral system – is the factor that allows citizens to participate in elections without relying on the support of the party. |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 2 |
Questions of the Efficiency Increase of the Crime Prevention Against Criminal Legal Proceeding Participants |
Introduction. Questions of the current ineffective protection of criminal trial participants in the Russian Federation are extremely topical. Due to this circumstance, such crimes undermine the authority of the domestic administration of justice and do serious harm to the personality. The paper is devoted to the problems of increasing the efficiency of measures to counteract such crimes. Methods. In this work, the method of sociological questioning of more than 400 criminal trial participants was applied. Results. It follows from the poll results that such security measures as transfer to another job (service), changing the place of job (service) or study, appearance changes for criminal trial participants to be protected are applied rarely or unapplied at all. These results imply that the allocated financial funds of state programs on the protection of criminal trial participants could be spent not to destination, which reduces the preventive activity efficiency. Conclusion. On the basis of the conducted research the author makes a conclusion that the efficiency of measures to prevent crimes against criminal trial participants should be understood as the productivity of a system of complex measures directed towards decreasing the level of the set of socially dangerous acts, being expressed in the achievement of positive results with the smallest expenses. |
Izv. Sarat. Univ. Economics. Management. Law, 2013, vol. 13, iss. 2 |
Some issues of evaluating the influence of silent shooting devices on the formation of traces on fi red bullets and fi red cases |
Introduction. The growing number of military and civilian models of firearms equipped with muzzle devices actualizes the expert diagnostics of the facts of using silent shooting devices during committing crimes by their traces on the fi red bullets and fi red cases. Theoretical analysis. Science has identifi ed a number of regularities of the eff ect of silent shooting devices on the mechanism of formation and characteristics of traces on bullets and cartridge cases. Among them are the abrasion and smoothing of traces of the barrel bore on bullets, the formation of traces of the body of homemade silent shooting devices when they are misaligned with the barrel bore, the malfunction of the weapon’s automation, which excludes the possibility of displaying traces of the refl ector and the ejection port on the cartridge cases. Empirical analysis. In order to identify new regularities of infl uence of silent shooting devices on the formation of traces on bullets and cartridge cases, a model scientifi c experiment was conducted. Experimental shooting was conducted from .366 TKM smoothbore rifl es models VPO-209 (Paradox) and AK-366 (Lancaster). The PBS-1 with a rubber obturator of a strong degree of wear was used as a silent shooting device. Cartridges of two types were equipped with lead bullets in a polymer shell, gunpowder “Sunar 7.62” and “Falcon”. Results. It is determined that lead bullets of cartridges undergo characteristic deformation when passing the rubber obturator of the silent shooting device. The body of the bullets stretches and bends, in some cases takes a spindle shape. Cases of partial destruction of bullets have been noted. It is proved that the smoothing of the relief of the traces of the barrel bore, characteristic of the contact interaction of a bullet with a rubber obturator, as well as the additional formation of obturator traces on the bullets do not prevent the identifi cation of fi rearms. Conclusions. The identifi ed regularities expand the possibilities of forensic ballistic examination in determining the facts of the use of silent shooting devices while committing crimes. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 2 |
Empirical study of morphological signs of traces of gunshots with shot poly projectile on woven materials |
Introduction. The theory of forensic examination highlights that an effective study of traces at the scene of an incident is possible only with a comprehensive study of all types of traces. Therefore, to objectively assess the circumstances in the conditions of detecting traces of fi rearms, one should apply an integrated approach to the method of working with traces and use methods of examination of substances, materials and products, alongside ballistic methods. Methods. The success of the investigation of a specifi c event largely depends on the objective establishment of the circumstances under which the shot was fi red, which can be done as a result of an integrated approach to the research process and experimental research. Empirical analysis. The experiment was carried out in an open area. Experimental shooting was carried out on four types of fabrics most demanded by the garment industry: knitwear, polyester, woolen fabric, denim from a distance of 5, 10, 15 meters. The shots were fi red from IZH18E 12-gauge smooth-bore hunting fi rearm, using a shot poly shell (shot with the number 0000 diameter – 5 mm). A total of 28 shots were fi red – 7 shots at each type of fabric. Results. In the course of the studies carried out on woven materials, the author identifi ed a number of morphological features that had not previously been noted by researchers and that help to display the situation at the scene of the incident with a higher degree of reliability and facilitate further expert research. The change in organoleptic and morphological characteristics on various types of tissues is analyzed depending on their physical and mechanical properties, color, structure and distance from which the shot was fi red. Conclusion. The article is devoted to the analysis of morphological features that occur when shooting from a smoothbore hunting rifl e on various types of woven materials with a shotgun from diff erent distances. It is assumed that as a result of the study, data on the model of the weapon used, the type of cartridge, the direction and distance of the shot can be established. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 2 |
Personal protective equipment (SIB) – bulletproof vests as objects of ballistic and medical-forensic research |
Introduction. The cases of gunshot injuries (wounds) of persons using personal protective equipment (body armor based on textile and composite organoplastic armor), that occur in investigative and expert practice, require a comprehensive approach to diagnostic studies of traces and injuries, both on the human body and on non-biological objects (materials of body armor and clothing items). Methodology and results of the study. The organization of studies of gunshot injuries on the human body and on the means of individual armor protection is possible in the form of a comprehensive medical and forensic examination or a complex of forensic medical and criminalistic examinations. In the course of diagnostic complex studies of gunshot injuries on the human body, materials of his or her body and clothing items, the circumstances of causing a gunshot wound to a person are confirmed with an explanation of the mechanism of damage formation on the human body, body armor and clothing items. Discussion of results. The methodology (algorithm) of studies of gunshot injuries of SIB – bulletproof vests does not diff er from traditional comprehensive medical and forensic studies of gunshot injuries on a person’s body and items of his or her clothing, but it requires taking into account the structural features of personal protective equipment that aff ect the volume and morphological signs of personal protective equipment injuries (including taking into account the protection class of a particular instance of the body armor under study). As a result of the study of the SIB – bulletproof vest, important circumstances of causing a person a gunshot injury can be established and explained – the mechanism of damage formation on the body and objects of the personal protective equipment and clothing of the victim, the posture of the victim at the time of injury, the presence of combined bodily injuries on the victim’s body, if there is a projectile that caused the injury or its fragments extracted from the parts of the personal protective equipment, the causes and mechanism of deformation of the projectile or the causes of its fragmentation (dismantling). |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 2 |
Integrated study of gunshot traces and circumstances |
Introduction. The significant complication of science and practice in human activity have generated the need to develop more complex methods of examination of physical evidence, where complex forensic expertise is one of these methods. Theoretical analysis. The methods of interaction of forensic experts (methodological, procedural and psychological), as important aspects of the analysis of complex examinations, have been considered quite extensively and described in many literature sources. The aspect of the logic of the integrated approach and the logical links between the decisions of the members of the expert team requires a formal logical analysis of all components of the integrated study, including the forensic ballistic examination of the traces and circumstances of the shot. Еmpirical analysis. It has been revealed that we deliberately defi ne complex expertise not through diff erent fi elds of knowledge or specialties of experts, but through types, kinds and subtypes of forensic examinations. Results. The combination of expertise in solving an expert problem, applying all the knowledge from diff erent fi elds of science (whereby the synthesis of results and their evaluation lies outside the methodology of the combined expert specialisations) logically allows for giving a joint conclusion, which reflects the generalised results of the study. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 2 |
Identifying the distance of the shot on the shot spread, when shooting cartridges equipped with wad containers |
Introduction. Most often, in cases of crimes related to the use of firearms, in addition to establishing that an object belongs to a fi rearm and resolving the issue of its serviceability and suitability for shooting, it is necessary to solve other non-identifi cation tasks, such as establishing the direction and distance of the shot. As a rule, these two tasks are set together and the identifi cation of such signifi cant data as the distance of the shot and the angle at which the gunshot damage was infl icted allows us to give a correct criminal-legal assessment of the events that occurred. In this work, the results obtained by the A. F. Lisitsyn nomogram were compared with the real data obtained when shooting cartridges, factory equipment with wad containers. Experimental part. The experiment was conducted in a closed shooting range, targets made of 1 mm thick metal sheets, chipboard and wallpaper were selected. The shooting was carried out from three distances: 5, 10, 15 meters; half of the targets were located at an angle of 90 degrees, the second half was placed at an angle of 75 degrees. A total of 54 shots were fi red: 18 shots at targets made of wallpaper, 18 shots at metal sheets and 18 shots at chipboard. The weapon used in the experiment was a copy of the IZH-27M 12-caliber hunting rifl e. The shooting was carried out from the upper barrel with a muzzle narrowing “choke” with cartridges of the Russian company “NPF “AZOT” the model “Azot Russian Hunter B/K”. Discussion of results. The obtained results of the scattering diameters of shot spread were used to determine the distance of the shot using the A. F. Lisitsyn nomogram. The calculated intervals of distances were compared with the actual shooting distances. The results of the comparison show that the values of the intervals of the shot distance obtained by the A. F. Lisitsyn nomogram give a signifi cant error – the actual values of the shot distance are about a third greater than the upper limit of the interval of the shot distance determined by the A. F. Lisitsyn nomogram. According to the results of the study, a proprietary nomogram was derived to determine the shot distance from the traces of shot spread. Conclusions. If there is a trace of the wad container, to determine the distance of the shot, it is better not to use the Lisitsyn nomogram, but to build an experimental dependence of the maximum and minimum values of the diameters of the shot spread at specifi c distances for a gun from the scene of the incident or a similar model of weapon. There is a need to improve and update currently existing methodological research, since the use of outdated information hinders the rational implementation of the tasks assigned to forensic ballistics. It is necessary to conduct research to establish the fi ring distance of a poly projectile when using a weapon with a specifi c drilling of the Lancaster barrel bore. The latest developments in the weapons industry – such models as the TR 366 TKM with a “Paradox” type barrel drill, in which a 366 TKM shotgun cartridge with an oval capsule for a police squad can be used, require further improvement of methods for establishing the distance of the shot. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 2 |
Investigation of the circumstances of the shooting using three-dimensional photogrammetry |
Introduction. A promising direction in forensic practice is the use of three-dimensional modeling of objects to establish the circumstances relevant to the criminal case. Theoretical analysis. Photographs taken during the investigation could be used as a source of information to derive a three-dimensional model. Photogrammetry is a method that allows for the automated construction of three-dimensional models from images. The main data in three-dimensional photogrammetry should be the elements of external and internal orientation, coordinates in the photograph, and spatial coordinates. Еmpirical analysis. To build a three-dimensional model, photos from the crime scene submitted for forensic firearm examination were used to determine whether the situation described by the accused, suspect, corresponded to the objective mechanism of the accident. The main stages of model building in 3D photogrammetry software Agisoft Metashape were refl ected. Based on the procedural documents submitted for examination, the three-dimensional model refl ected the alleged location of the shooter and the victim, and the direction of the shots from the defendant’s words, as well as the likely direction of the shots in accordance with the wound channels and the situation. Discussion of results. There are essential advantages of three-dimensional photogrammetry: it does not require expensive and complex equipment, operates with photographs obtained during the investigation, constructs the whole area of an object in the frame, and allows for synthesizing data from various sources. However, the quality of the resulting models depends on the number of photographs and compliance with the rules of measurement and panning of objects. It is also important that the researcher skilled in the use of software tools to build three-dimensional models from photographic images is able to make adjustments at each stage. Conclutions. The possibility of producing a three-dimensional reconstruction of the crime and solving problems not only within forensic fi rearm examination, but also those kinds, with which it can be combined, is refl ected. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 2 |
Identification period of homemade firearms |
Introduction. Currently, cases of illegal use of homemade fi rearms are increasingly common in expert practice. When examining the scene of the incident, experts seize bullets and shells fi red from homemade pistols and revolvers. While examining them, databases of traces are created. Possible reasons for the diff erence in the identification period of homemade fi rearms from factory ones are discussed. Experiment. To establish the identifi cation period in homemade fi rearms, experiments were carried out, during which a signifi cant diff erence was found between the identifi cation period of homemade fi rearms and factory-made fi rearms. Discussion of the results. When studying the dependence of maintaining the individualizing complex of features unchanged in traces on bullets and cartridge cases, it was revealed that the identifi cation period of homemade fi rearms is much shorter than that of factory-made fi rearms, which must be taken into account in expert practice. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 2 |