Legal framework as a means of effective communication between the investigator and the body of inquiry (through the example of internal affairs bodies)

Based on the conducted research the authors concluded that there are regulatory legal acts regulating the issues of interaction between the investigator and the body of inquiry, which in addition to the criminal procedural law include other laws and by-laws, in particular, the federal laws “On operative-investigative activity”, “On the police”, departmental orders and instructions. It is noted that the existing disputes about the legality, procedure, types and subjects of interaction, about the procedural nature and evidential significance of information obtained from interaction, about the methods of its registration demonstrate the imperfection of the current regulatory framework in this area, which prevents its effective enforcement. The article indicates that the gaps in legislation in some of the most significant areas of intervention in the system of the Ministry of Internal Affairs have been filled through regulatory legal acts issued both at the federal level of the department and the level of territorial internal affairs bodies (in the form of orders, decrees, instructions and etc.), which certainly allowed to solve a number of practical problems. The authors of the publication make proposals for improving the legislative regulation of the procedural status of the body of inquiry as a participant in a criminal process.

Constitutional right to receive qualified legal assistance in operational investigative activities

The article deals with the actual problems of bringing a lawyer in the protection of human rights and freedoms, in the implementation of operational investigative activities and the collection of evidence. The authors note that the formal indictment of a person follows an operative-investigative activity, which restricts his rights and freedoms. At the same time, the Federal Law “On operative-investigative activity” doesn’t contain any reference to the defence counsel (lawyer), not to mention the procedure of his participation in the protection of citizens whose right and freedoms were limited by the bodies conducting operative-investigative activity. Based on the analysis of legal acts, court decisions and scientific sources, the authors conclude that a lawyer’s participation as a defence counsel during public operative investigation measures is possible. They also believe that in order to exclude the cases of unreasonable restriction on right to get a qualified legal assistance of a person who is a subject of public operative investigation measures the Federal Law on OIA should regulate the procedure for engaging the lawyer in operative investigative process as a defence counsel. Such regulation is necessary insofar as the OIA itself is a type of activity that can be carried out publicly (Article 1 of the Federal Law on OIA) with the use of open methods and means (Article 3 of the Federal Law on OIA).

Integration of innovative technologies into crime investigation activity is the significant direction of its effectiveness increasing

The article is devoted to the issues of the scientific and technical support of investigative activity. It is emphasized that nowadays fighting cybercrime determines the necessity to develop and implement the scientific and technical means, techniques and methods, as well as apply them to the activity of law enforcement agencies for prevention and investigation of crimes in the field of information and telecommunication technologies. The focus is placed on the fact that the retrieval, recording and investigation of electronic (digital) information in the pretrial investigation and its further use as evidence remain among the pressing and, at the same time, unexplored issues. It was stated that digital forensics is an integral and necessary tool in fighting cybercrime which is used for the identification, preservation, recovery, analysis, and presentation of digital evidence. The conclusion was made that with the spread of cybercrime in the modern world one of the priority directions of scientific and technical support of investigative activity is introduction of the latest means, methods and technologies of electronic intelligence into the work with electronic evidence and also protection of the sources of electronic (digital) information

USING THE RESULTS OF OPERATIONAL INVESTIGATIVE ACTIVITY IN CRIMINAL PROCEDURE PROOF (THE HISTORICAL-LEGAL ANALYSIS)

The article examines the questions of correlation of concepts and content of operational investigative activity and evidence in criminal proceedings.

Analysis of Verbal Interactions Between Brazilian Students in a Physics Investigative Activity Class With STS Approach: A Case Study

This article presents results on the analysis of verbal interactions of students from a federal public high school in Rio de Janeiro, Brazil, during an investigative activity class about the properties of magnets. This experimental assignment was part of a didactic sequence developed for the study of Electromagnetism, which was structured using a Science, Technology and Society (STS) approach combined with the investigative activities method, in which students divided into groups carried out a series of experimental essays on the contents that were presented to them. The objective was to determine if students were able and capable of structuring their own causal statements to a problem involving knowledge of Physics, when given the proper conditions to work with an experimental setup. Differently from the traditional transmission-reception didactic model, the STS didactic orientation seeks out to incorporate the scientific syllabus into the students' daily life relationships. A qualitative methodology was used from the transcriptions of video and digital audio recordings that were registered during classes, some scenes of an educational episode were selected and the verbal interactions of the students among themselves were analyzed, looking for some indicators that could identify whether scientific literacy was accomplished. Analysis showed evidence that students were able to construct meaning with their own words by reasoning about what was observed in the experiments performed.

Use of the results of operative-investigative activities: current problems and prospects

The article deals with the most important of the currently existing problems of the use of the results of operative-investigative activity, as well as formulated proposals for improving the legislation that regulates the use of the results of operative-investigative activity. According to the author, scientific development of the optimization of the legal basis for using the results of operative-investigative activity consists in finding the balance between providing stakeholders with a legal possibility to use the results of operational-search activity in socially useful purposes and ensuring respect for all the rights and legitimate interests of citizens, society and the state. The purpose of the study is the search for the currently existing, most important problems of using the results of operative-investigative activity, as well as development of proposals for improving the legislation that regulates the use of the results of operative-investigative activity. The methodology of the study was comprised of a combination of general scientific (analysis, synthesis) and special (formal-legal, comparative-legal) methods. Resulting from the study, a conclusion about the need to improve the legislation regulating the usage of the results of operative-investigative activity was made and directions for its improvement were suggested. Areas indicated for improvement are: expanding the goals and the range of subjects of using the results of operative-investigative activity, reconciliation of federal and departmental legal acts regulating the usage of the results of operative-investigative activity, as well as defect correction of law rules governing the use of the results of operative-investigative activity arising from poor legislative technique. It is the author’s conclusion that the development of theoretical and legal problems that arise when presenting and using the results of OIA is currently a promising area of legal sciences of a criminal law nature.

una isla llamada serendipia: definiciones ético pedagógicas en el proyecto filosofar con niñxs.

This text proposes some lines of reflection and action related to a project that links philosophy and childhood, whose pedagogical and investigative activity has been developed in the province of Córdoba, Argentina, for more than twenty-five years. To do this we recover an experience of workshops with children and adults, in a continuous process of reflection on childhood and how children think about themselves. That experience focuses on imagining a particular space and time – living together on an island where adults cannot be found--and from there question the forms of decision making and participation – of political action – that children perform in the territories they inhabit. Here it is proposed that the circumstance of incompleteness regarding issues such as politics and sexuality encompass all age situations and, therefore, it is more appropriate to let ourselves be traversed by restlessness and doubt than to accept a preconceived world in which problems quickly find answers, and what you do not know or cannot be located in a fixed category is unknown, ignored, or remains hidden. We propose to start by not postulating any pre-conceived notions regarding childhoods--thinking of them as hypotheses with unexplored names, bodies and thoughts to get to know. Likewise, it is assumed that reflection on teaching practice relocates philosophy teachers as intellectuals who keep universal explanations in their “professorial pockets,” and reinvent themselves by dealing with specific problems, the small discoveries one makes through exchanges with others--those others that, as in the case of children, there is much to learn about and from. This is the ethical and political task that emerges from a continuous reflection on shared action. Welcome, then, to the island where everything is to be decided and participated in, the island of Serendipity.

Theory of operational-search activity

The basic provisions of the theory of operational investigative activity, the study of which meets the requirements of the state standard of higher legal education, are briefly described. The fourth edition takes into account the latest changes in the current legislation. For students, postgraduates and teachers of law schools, cadets and students of law enforcement and special services universities, operatives, investigators, judges, prosecutors, lawyers and anyone interested in theoretical issues of operational investigative activities.

The prosecutor’s competence on the dimension of carrying out the special investigative activity from an empirical perspective

The rules of procedure governing the field of special investigative activity have their origin in the content of the General Part of the Code of Criminal Procedure where are provided, in Title IV, Chapter III, Section 5, the formalities of form and content opposable to special investigative measures, as specific evidentiary proceedings. Considering the fact that, according to the provisions of art.1323 paragraph (2) of the Criminal Procedure Code, the prosecutor is the official subject responsible for coordinating, leading and controlling the execution of special investigative measures, the author proposed and carried out, for the first time, an empirical study on the interpretation and practical application, by prosecutors, of legal rules governing the field of special investigative activity. The scientific article, proposed to the attention of those interested, contains the results of the primary processing of empirical data accumulated between August and September 2020 and reflects the practical procedural perspective of the prosecutors on special investigative activity.