Law

Regularities of Traces Formation on the Reloaded Cases During the Discharge of a Firearm

Introduction. In connection with legalization of autonomous cartridges loading to the rifled firearm, the matter of forensic examination of reloaded cases is growing more urgent. Objectives. The research is aimed at studying the regularities of trace formation on the reloaded cases during the shot from the firearm in order to diagnose the technique of cartridges producing, these cases being the cartridges parts. Experimental part. Examining the traces formed in the course of a shot and reloading was carried out with hunter’s .300 win mag caliber cartridge cases ejected from .300 win mag caliber Sauer 202 carbine. Discussion of results. There are already some traces on the surface of reloaded cases formed by the reloading equipment. This is their specific feature. During the shot, the firearm traces are deposited on them. The form and isolation of traces of reloading equipment and parts of the firearm are similar because the mechanism of their formation is analogous. They are formed during the process of local physical action either as the pressure of a trace forming object or its sliding. The traces on the shoulder and liner flange of cases are the most informative ones. Differentiation of these traces, understanding of the regularities of their formation are necessary for ascertaining the fact of cases reloading. The traces of equipment prove the homemade technique of cartridges making, the examined reloaded cases being their parts.

The Study of Traces on Spent Cartridges from Modern Modifications of Individual Models of Automatic Pistols

Introduction. One of the main ways to identify weapons in a forensic examination is to study the traces left on the cartridges. As a result of the examination, it is possible to receive answers to questions related to the model and a specific weapon. In this regard, information on traces and trace details for new models of firearms and the latest modifications of well-known models becomes relevant (manufacturers update the produced weapon approximately every 5–10 years). Experimental part. The experiment was carried out in the conditions of a shooting gallery; in total, about 200 rounds of 9×19 mm caliber (Parabellum) were shot from the following models of pistols: Glock 17, Glock 34, Beretta 92 FS, MP-446 Viking. Each model of the weapon was presented in three copies, for shooting of each copy no less than 10 cartridges were used, the case of the top cartridge in the magazine for 12 o'clock position was marked with white paint. Traces on the cartridge cases were examined visually and under a microscope with a magnification of 20× and 40×. Discussion of results. The trace pattern on the experimentally obtained spent cartridge cases corresponded mainly to the reference data. A trace from Glock 17 and Glock 34 was found at the bottom of the cartridge case from the tip of the striker that was not connected with firing-pin impression that is not listed in the reference book. This track has a large variation depending on the rate of fire (this is due to the different heating of the weapon). The trace from the front part of the ejector hook from Beretta 92 FS, that is not described in the reference book, was found at the bottom of the cartridge case at 4 o'clock position. The marks on the cartridge cases of the shotguns of the Viking MP-446 differ from the ones described in reference books by the presence of the traces of processing of the cartridge stop and the trace from the striker tip on the primer, which is not related to the cap of the primer, showing variability depending on the rate of fire. Conclusions. The obtained trace images of signs on the cartridge cases of modern modifications of the known models of firearms allow us to specify the definition of the model of the weapon according to group attributes. Using the data obtained, it is possible to identify the rate of firing of weapons at the scene of the accident in the absence of the weapon by following the tracks on the cartridges. The traces on the cartridge cases, that were obtained during the experiments and are not described in the literature on forensic issues, have individual characteristics and can be used for identification. The dependence of the trace formation on the rate of fire correlates with the recommendation for obtaining cartridge cases for a comparative study of a combined firearm: first, one should fire the cartridges in the single-fire mode, and then in bursts. For self-loading weapons, it can also be recommended to vary the rate of fire when experimentally obtaining cartridge cases for comparative research.

Current Issues of Forensic Investigation of Traces on Bullets and Cartridge Cases Formed During the Shot of Civilian Firearms Manufactured on the Basis of Combat Samples

Introduction. This article deals with some issues of forensic investigation of civilian firearms manufactured based on combat samples: features of trace formation on bullets and cartridge case design changes of the original models (samples) of the firearms. The authors highlight the problem of the lack of a literary base and illustrative material, necessary for carrying out diagnostic research of traces on bullets and cartridge cases formed when fired from civilian firearms manufactured on the basis of samples of military weapons. Theoretical analysis. The paper analyzes data of weapons factories, as well as weapons they produce. The authors focus on the necessary terms and examples of the weapon, the design of which was modified and is different from the sample combat weapons. The paper looks at the main provisions of some normative and legal acts of the Russian Federation. Results. The authors identified the groups of traces, formed after firing redesigned weapons, and the place of the location on the surface of bullets and casings.

The Need for the Development of Basic Provisions and the Conceptual Terminological Apparatus of the Scientific and Practical Knowledge in New Sphere of “Pseudo-Legal Turnover of Potentially Dangerous Materials, Substances and Products...”

Introduction. The article is devoted to the issues of pseudolegal turnover of potentially dangerous materials, substances and products as a source of formation of means of mass destruction of people while committing crimes of sabotage and terrorist orientation. Theoretical analysis. The causes and genesis of the pseudo-legitimate turnover of edged weapons, barrelled gas weapon and firearms, new psychoactive substances with nonspecific increased toxicity or other pronounced damaging features are revealed in detail. This article formulates recommendations for the prompt identification of relevant threats during forensic medical, forensic chemical, forensic ballistic and other types of examinations, the development of preventive measures, including proposals to improve existing legislation. The authors consider these problems in the context of the main provisions of the Decree of the President of the Russian Federation of March 11, 2019 No. 97 “Fundamentals of State Policy of the Russian Federation in the field of ensuring chemical and biological safety...”. Results. The authors provide justification for the need for unification, primarily of the conceptual and terminological apparatus and methodological foundations of a forensic expert study in the circumstances of the pseudo-legal turnover of potentially dangerous materials, substances and products (PDMSP), taking into account the possibilities of the integrated use of the achievements of various areas of scientific and practical knowledge.

Current Issues of the Criminalistic Classification of the Self-made Firearms

Introduction. The development of small weapon and structurally similar products, their use for criminal purposes force forensic science and practice to make adjustments to the forensic classification system of firearms over and over again. Theoretical analysis. In forensic ballistics, firearms are classified according to their purpose, type, method of production, barrel length, barrel channel device, number of barrels, etc. By the method of manufacture, groups of factory, artisanal and improvised firearms are distinguished. At the same time, the system of signs developed by science for the self-made manufacturing method is not effective for all cases of expert research. It is the expert practice that gives the reasons for this statement. Empirical analysis. The paper examines the practice of expert research into submachine guns, that are structurally similar to the 9 mm K6-92 submachine gun (Armenia) and are manufactured as part of criminal arms production, as well as Strelkov submachine guns chambered for 9–18 mm. Individual items had the corresponding weapon attributes (hallmarks, number designations, etc.). The weapon production format, assessed as home-made, is characterized by the choice of simple design schemes, the operation of automation, the prevalence of a cartridge sample, simple manufacturing and assembly techniques, and low quality weapons. Discussion of results. The author proposes introduction of a public law attribute to the system of evaluation criteria of a method for producing firearms – its legitimacy. Its application creates the conditions for covering all cases of the production of firearms known to science and practice, the correct assessment of its method of manufacture, and the selection of an appropriate expert methodology for resolving issues related to classifying an object as a firearm. Conclution. Taking into account the results of the study, there are reasons for supplementing the varieties of improvised firearms known to forensic ballistics with a group of weapons manufactured in industrial plants that are not legalized by central government members. 

The Need for a Complex Scientific and Methodological Approach in Organizing Forensic Ballistic Research

Introduction. The article touches upon the issues related to the need to implement a methodological relationship between judicial ballistic examination and one of the subtypes of medical and forensic examinations – forensic ballistic research, in forensic examinations and in conducting scientific research and methodological developments, and in professional training of specialists, which is expressed, first of all, in ensuring the uniformity of the conceptual and terminological apparatus and algorithms of forensic experts research facilities not related to the medical field. Theoretical analysis. The forensic medical study of living persons, corpses, their parts, organs and tissues is entirely based on the fundamental scientific and practical provisions of medical science and forensic medicine in particular. Results. An integrated approach is provided for the forensic use of special knowledge in criminal proceedings.

Features of Legal Regulation of the Constitutional Right of Everyone to Produce Information on the Internet

Introduction. Modern society is undergoing yet another information revolution related to the formation and development of the global information and telecommunication network – “Internet”. In this connection, there is the question of understanding the features of the right to produce information in the Internet space. Theoretical analysis. The author considers the production of information in the 19th century, in the Soviet period and the present. Development of the Internet has greatly simplified the creation and transmissions of information, and, in this connection, the constitutional subjective right to produce information becomes available to everyone. Empirical analysis. The study of legal restrictions on the right to produce information highlights the features that are important for the legal regulation of relevant public relations. Results. The author notes that the relations connected with the right to produce information in the “Internet” network have a number of features, and highlights the following ones: 1) changing methods and accelerating the production of information, the prevalence of a single process of “production-distribution” of information; 2) blurring the boundaries between the private and public information space; 3) heterogeneity of entities engaged in the production of information. The author concludes that the analysis of modern Russian legislation has revealed trends such as the use of indirect restrictions on the right to produce information, as well as the lack of differentiation of legal regulation of the activities of entities engaged in the production and distribution of information in the Internet. 

New Principles of Federalism: Guarantee of Territorial Integrity and Sovereignty of the Russian Federation

Introduction. The article is devoted to the analysis of constitutional and legal regulation of the issues of Russian federalism, namely the preservation of territorial integrity and sovereignty of the Russian Federation. Theoretical analysis. The author considers the main results of developments in the Russian Federation and in foreign states in the sphere of ensuring national sovereignty. The author aso looks at the results of the referendum on independence in individual countries, attempts of introduction of new standards of international law directly limiting the sovereignty of states, the instability of the situation in the socio-political spheres of constituent entities of the Russian Federation, Association of regions, Federal districts. The author formulates the thesis that the problem of preservation of territorial integrity, the sovereignty of our country is particularly relevant and requires elaboration of the mechanism for its preservation and maintenance. Since the scope of legal regulation of this issue in the current legislation is insufficient, the author also proposes the ways of improving the Constitution of the Russian Federation, other normative legal acts in terms of securing new principles of federalism and guarantees of their implementation. Results. The author notes that the creation of a mechanism, that would ensure the preservation of the territorial integrity of Russia and would reliably guarantee the unity of our state, is necessary to preserve the sovereignty and territorial integrity of the state. To this end, the author proposes to include in the Constitution of the Russian Federation the principles of federalism, which could ensure the preservation of the territorial integrity of the state, would become guarantees of state sovereignty in crisis situations. These principles include the following: 1. Ban on holding referendums with separatist issues. 2. The possibility of direct presidential rule. 3. Prohibition of secession including unilaterally. 4. The principle of the supremacy of national legislation. It is also necessary to provide a mechanism to defend their rights in the international arena, to exclude the mandatory application of the decisions of international organizations that threaten state sovereignty.

Categories of “Abolition” and “Derogation” of Human and Civil Rights and Freedoms in the Constitutional Doctrine of Modern Russia

Introduction. The specifics of the current stage of development of the state gives rise to the need for more and more efficient operation of one of the main legal mechanisms – the prohibition of the publication of laws that abolish or derogate the rights and freedoms of man and citizen, which is established by Part 2 of Art. 55 of the Constitution of the Russian Federation. Despite the recognition of a person, his or her rights and freedoms as the highest value, the current legislation does not answer the question about the content of the categories mentioned in it. Overcoming the uncertainty in understanding the “abolition” and “derogation” of the rights and freedoms of man and citizen is the goal of this study. Theoretical analysis. The author makes an attempt to study the categories of “abolition” and “derogation” of the rights and freedoms of man and citizen from the point of view of the history of their emergence in domestic constitutional legislation. The article emphasizes the relationship between the linguistic meaning of these categories and their interpretation by legal scholars. Each of them is found not only in the Basic Law of the country, but also in federal regulatory legal acts. Empirical analysis. The author analyzes a number of legal positions of the Constitutional Court of the Russian Federation, and the norms consolidating the immanent limits of human and civil rights. Results. The article considers the definition of constitutional categories of “abolition” and “derogation” of the rights and freedoms of man and citizen: the abolition of the rights and freedoms of man and citizen represents the cessation of their effect, derogation is to belittle the value and decrease the value of rights and freedoms for current legislation. The author identifies the main forms of the abolition and derogation of the rights and freedoms of man and citizen: annulment of laws and laws enshrining rights and freedoms, giving retroactive effect to a law that worsens the situation of citizens; discrimination, excessive, indefinite, disproportionate restriction of rights and freedoms, etc. 

Essence of Freedom of Mass Information in the Constitutional Law of Russia and Germany

Introduction. Freedom of the media is one of the indicators of the level of development of democracy in a particular state, including the Russian Federation. In order to achieve a real democratic regime in modern Russia, the need for creation of an effective framework for the implementation of constitutional freedom of the media arises. However, despite the high importance of the unhindered circulation of information in society, the concept of media freedom is currently poorly developed in Russian legal science, in contrast to German legal thought. Theoretical analysis. The definition of the essence of freedom of the media today is comprehensive. Freedom in question is at the crossroads of constitutional law, philosophy, political science and sociology. A significant problem is the definition of the nature of freedom of the media as a special case of constitutional freedom. Nevertheless, the establishment of the concept of this freedom seems necessary in order to ensure the normal development of democratic institutions in society and the degree of possible influence of public and private institutions on them. Empirical analysis. The most significant problems in determining the essence of freedom of the media in Russia and Germany are the determination of its relationship with other constitutional freedoms, which are stipulated in the legislation of the countries in question. The most important thing is to determine the relationship between constitutional freedom of the media with freedom of the press and freedom of information in the constitutional legislation of the Russian Federation and the Federal Republic of Germany. Results. On the basis of Russian and German legislation, as well as the views of prominent scientists, it is proposed that the mass media should be understood as individual’s ability, unconditioned by anyone and anything, to be a subject of mass processes of information circulation. In addition, it substantiates the need to separate the concepts of freedom of the media from its closely related freedom of the press and freedom of information.

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