154 results on '"Investigation"'
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2. USING SPECIALIZED KNOWLEDGE IN THE INVESTIGATION OF CRIMES UNDER ARTICLES 242, 242.1, 242.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
- Author
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IVANOVA Elena Vyacheslavovna and DYAKONOVA Oksana Gennadievna
- Subjects
pornographic materials and objects ,specialized knowledge ,forensic examination ,investigation ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Liability for the illicit production and trafficking of pornographic materials or objects, production and trafficking of materials or objects with pornographic images of minors, and the use of a minor for the production of pornographic materials or objects is provided for in Articles 242, 242.1, 242.2 of the Criminal Code of the Russian Federation. A prerequisite for the effective investigation of such crimes is the classification of seized material as pornographic, for which, in most cases, specialized knowledge is used. Purpose: to analyze the problems of determining the area of specialized knowledge required in the investigation of crimes under Articles 242, 242.1, 242.2 of the Criminal Code of the Russian Federation. In the result of the study, the article identifies the main types of specialized knowledge used in deciding whether to classify materials or objects as pornographic. The article formulates the subject, object and tasks of forensic examination of pornographic materials. It is shown that the examination of pornographic materials and examinations that establish the impact of such materials on society and the individual have different research objects.
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- 2024
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3. Between fact and fiction: a detailed study of the ‘literary’ in investigative journalism with reference to Dan Morse’s 'The Yoga Store Murder'
- Author
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T. K. Kavya and B. B. Monika Nair
- Subjects
journalism ,fiction ,nonfiction ,investigation ,reporters ,Literature (General) ,PN1-6790 - Abstract
Literature and journalism are two field of study that has been a never-ending discussion throughout the history. The two fields, regardless of being considered as separate entity, has its association in the course. This paper dwells into the two fields together, that is, on literary journalism and how literary journalism examines the blurring of boundaries between narrative writing and factual reporting through comparison of select works of narrative nonfiction. The text analysed is a novelistic piece, “The Yoga Store Murder” (2013) by Dan Morse. The study confronts the reluctance to acknowledge this form of reportage as authentic and reliable because its literariness is misconstrued as compromising the objectivity of the piece. The authors also examine how literary journalism fits within the rubric of both literature and journalism. The study addresses the following research questions: where do fact and fiction meet in literary journalistic narratives? how do we navigate questions of authenticity, reliability and journalistic integrity in narrative journalism? The questions will be attempted to be answered with a detailed analysis of a text of investigative journalism that is also nonfiction writing, though literary in nature.
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- 2024
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4. METROPOLITAN PETER (KHOLMOGORTSEV) AND HIS INVESTIGATIVE CASE OF 1937
- Author
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Archpriest Valery V. Lavrinov
- Subjects
metropolitan peter (kholmogortsev) ,archbishop peter (savelyev) ,investigation ,repressions of 1937–1938 ,nkvd ,sverdlovsk region ,clergy ,Doctrinal Theology ,BT10-1480 - Abstract
The era of persecution of the Russian Orthodox Church in the twentieth century included several waves of repression against the clergy and active laity, followed one after another. The most large-scale and fierce became the one that was triggered by the Great Terror of 1937–1938, which began after the issuance of the Order of the People’s Commissar of Internal Affairs of the USSR N. I. Ezhov No. 00447 of July 30, 1937. According to this docu¬ment, “the most active anti-Soviet elements,” including “church members,” were subject to repression. The order contained plans on the number of those subject to repression for each region. “Anti-Soviet elements” were divided into two categories. The first one included “all the most hostile” who were “to be shot upon consideration of their cases by troika”. The second category implied “less active, but still hostile elements”; they faced imprisonment in camps for a period of 10 years. It should be noted that the figures initially indicated in the order were eventually exceeded several times. This article presents documents (interrogation protocols, indictment, sentence and act of exe¬cution) from the investigative case of 1937, the main accused in which was Metropolitan of Sverdlovsk and Chelyabinsk Peter (Kholmogortsev), one of the leaders of the Supreme Church Council. The materials of the case are of considerable interest to researchers of the history of the Church in the Urals, although its indictment part was almost completely fabricated by the investigation. This is one of the few sources that describes the state of religious life in the Urals in the mid-1930s. The interrogation protocols list many representatives of the clergy of various orientations who served in parishes in 1936–1937. The names of the clergy are documented here, and the churches in which they served are also mentioned. This information undoubtedly requires deep critical analysis and correlation with other sources. The interlinear passages contain information about the subsequent fate of the persons mentioned, and provide some additions and clarifications. The introductory article sets out bio¬graphical information concerning the interrogated Bishop himself and a description of the archival investigative file.
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- 2024
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5. Specific Methodological Approach for Establishing and Verifying Cause in Forensic Examination
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F. G. Aminev and S. A. Zamyatin
- Subjects
forensic cause ,causal relationships ,forensic research ,expert ,investigation ,forensic expertise ,cause index ,Social pathology. Social and public welfare. Criminology ,HV1-9960 - Abstract
The task of establishing the cause of certain facts, events, or processes is one of the most common tasks that courts systematically assign to experts. The article presents a methodological approach for justifying the cause during the preparation of a written opinion within the framework of forensic examination. This approach allows to identify the cause of the investigated event among various factors and can be useful in the context of forensic investigation both to justify conclusions about the cause and to verify the completeness and reliability of the conducted investigation as an express analysis.
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- 2023
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6. Peculiarities of the procedural status of the subject authorized to carry out pre-trial investigation of criminal offenses.
- Author
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A., Baranets V.
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CRIMINAL investigation ,CRIME - Abstract
Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2023
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7. Features of Determining the Cost Indicators Through Forensic Examination During the Legal Proceedings in the Determination of the Amount of Losses
- Author
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A. V. Shchepot’ev and T. A. Fedorova
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evaluation activity ,forensic examination ,expert ,property value ,business valuation ,determination of damage ,determination of loss ,lost profit ,investigation ,legal proceedings ,Finance ,HG1-9999 - Abstract
Cost indicators have been instrumental in highlighting the damage, in the qualification of crimes (large or especially large) and imposing punishment, as well as in conflict resolution between economic entities. The aim of the research is to identify the problems and conduct forensic examinations to determine the cost indicators and to formulate recommendations for improving this process. The research used such methods as content analysis of sources, normative and legal regulation, economic and mathematical methods, and analysis. Existing differences in individual concepts and types of values require uniformity in the justice system regarding their use. The authors recommend to adopt a list of issues and clarifications (explanations) to the issues in the determination of values on the basis of which the court will determine the amount of damage. The practice of forensic expert activity (at the legislative level, approved by norm) before the appointment of a forensic examination (in terms of determining the list of issues submitted for expert examination) was suggested, another proposal include implementation seminars with the participation of an expert (expert candidate) and detail of the cost indicators. Alternatively, this type of value can be represented as the term “market value with the restriction of free circulation”. It was concluded that there is a need to develop unification and develop uniform principles for determining the cost of financial indicators in legal proceedings to determine the amount of losses.
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- 2023
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8. Concept of Electronic Evidence in Criminal Legal Procedure
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A. A. Dmitrieva and P. S. Pastukhov
- Subjects
court ,criminal case ,criminal procedure ,digital technologies ,electronic evidences ,electronic interaction ,information ,investigation ,law ,proving process ,Law - Abstract
Objective: elucidating the potential of digital transformation for elaborating the optimal means and methods of collecting evidences and introducing scientific organization of labor of the officials implementing criminal procedure. The scientific approach within the concept consists in minimizing the costs of collecting evidentiary information in criminal cases in electronic form and by electronic means, as well as storing the criminal case materials in electronic form.Methods: dialectic method occupies the leading position among the research methods, the issues of electronic documentation being considered in the interaction and interdependence with information-technological development of the society. The set of scientific cognition methods within the research creates prerequisites for objective and comprehensive approach to the problems under study.Results: the authors’ concept of electronic evidence is a system of information-technological and legal views on the criminal-procedural form, which is intended for optimizing the process of collecting, registering and preserving them in the criminal case materials. The concept development is aimed at elaborating new approaches to organizing the work of investigation agencies and courts, taking into account the achievements in the sphere of information technologies, providing new techniques of collecting criminal-relevant, criminal-procedural, criminological significant information when investigating and hearing of a criminal case. The proposed concept is also aimed at improving interaction and in-service communication of the officials of the preliminary investigation bodies with the officials of information-technological systems for the purposes of collecting evidentiary information in electronic form.Scientific novelty: the changes were systemically analyzed, which are taking place in the contemporary information society, through the prism of the emerging problems between the sectoral criminal-procedural evidentiary law and more modern technological means of collecting evidentiary information. The article demonstrates a new approach to creating technological interaction using digital technologies, on the scientific base of organization of proving activity, intended to optimize and rationalize the process of proving in criminal procedure.Practical significance: the research materials can be used to prepare proposals on making changes and additions in the current legislation with a view of implementing the practice of already functioning models of criminal-procedural activity of foreign countries, an inexhaustible potential of information-technologies, software, and artificial intelligence to rationalize proving in criminal cases.
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- 2023
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9. THE RULE-OF-LAW STATE: MODELING, DEVELOPMENT PROSPECTS
- Author
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SHOSHIN Sergey Vladimirovich
- Subjects
transnational crimes ,detection ,disclosure ,investigation ,rule-of-law state ,modeling ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The concept of the rule-of-law state in Russia, analyzed by F.A. Vestov and other authors, remains relevant today. The existence of numerous historical and legal approaches to the category of «rule-of-law state» is impressive. Taking into account the rapid changes in Russia’s foreign and national policy, significant scientific results can be obtained by analyzing the values of the rule-oflaw state. This analysis is interesting, in particular, in the area of state counteraction to transnational crimes. The purpose of the research is to identify innovative trajectories for the development of the concept of the rule-of-law state, to develop algorithms for solving some modern problems. The following research methods are applied: observation, comparison, experiment, abstraction. The main conclusions: for a long period of national history, the only methodology of Marxism-Leninism was used to analyze the category of the rule-of-law state. It may be promising to compare the scientific achievements of the past period of history with the results of modern researches carried out using other methodologies. The maximal rejection of the class approach in the analysis of the values of the rule-of-law state can give a serious impetus to the further development of this theory. The inverse phenomena of globalization – anti-globalization that came to Russia after the processes of globalization can also have a significant impact on the interpretation of the concept of the rule-of-law state. This is particularly evident in the analysis of the process of organizing and implementing the fight against transnational crimes. The analysis of this sphere of social relations requires a new look at the concept of the separation of powers in modern Russian reality.
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- 2023
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10. Features of the experience of Kazakhstan and Belarus in the implementation of the concept of a unified body of preliminary investigation
- Author
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Nikita V. Babich
- Subjects
agencies of preliminary investigation ,investigative committee ,investigative apparatus ,investigator ,head/chief of an investigative office ,preliminary investigation ,investigation ,Law - Abstract
Formulation and consideration of various issues related to the improvement of the investigative apparatus of Russia are in the constant attention of representatives of legal science. The current state concept and the practical model of the country's investigative apparatus built on its basis require significant improvement in order to resolve existing organizational and procedural challenges. The purpose of the research is to identify and analyze the stages of construction, the positive and negative aspects of organization and activities of single and independent agencies of preliminary investigation in foreign countries, as well as the genesis and trends of their development. Based on the results obtained, the study formulates proposals for improving the investigative apparatus of the country regarding the Investigative Committee of Russia. To achieve this goal, the research explores the experience of organizing unified and independent preliminary investigation agencies in the countries of the former USSR and the West. All the results and conclusions were obtained using general scientific methods of scientific research: dialectical, logical, systemic, as well as private scientific and special such as comparative legal, formal legal, statistical, interpretation and a number of others. The author comes to the conclusion that organization and activities of the Investigative Committees of Russia and Belarus are basically similar, but there are some positions that differ significantly. Negative experience of building a unified and independent investigative committee was demonstrated in the Republic of Kazakhstan. The reason was insufficient attention paid to preparations on the part of the leadership to creation of such an agency. Thus, combination of functions of inquiry, operational-search, investigative, statistics and expert, as well as transfer of some of the important and inalienable powers of the prosecutor's office when creating such a law enforcement agency is unacceptable.
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- 2023
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11. TACTICAL IMPORTANCE OF INVESTIGATIVE CUNNING IN THE INVESTIGATION OF CRIMES
- Author
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PODOL'NYY Nikolai Alexandrovich
- Subjects
investigative cunning ,tactical technique ,investigative action ,tactical decision ,investigative situation ,investigation ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
As a type of tactical techniques, investigative cunning is a means of establishing the circumstances of the crime committed. However, this type of tactical techniques is quite ambiguously accepted by both theory and practice of investigation. The purpose of the study, which is the basis of the proposed article, is to justify the tactical importance of investigative cunning, which allows using it to optimize the ongoing investigation. At the same time, a whole arsenal of scientific methods is used: analysis and synthesis, system-activity, situational modeling. They make it possible to study comprehensively the problems that arise in the investigation and can be removed using investigative cunning. The result of the study is the conclusion that investigative cunning is a tool that can increase the effectiveness of the investigation. At the same time, investigative cunning is the key to the investigator’s tactical victory against those who do not want to find out the truth in the case and make a fair procedural decision.
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- 2022
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12. «CRIMINAL CAREER» AS THE MAIN FEATURE IN THE CRIMINOLOGICAL, CRIMINAL LAW AND CRIMINALISTIC CHARACTERISTICS OF THE PERPETRATOR OF THE CRIME «TAKING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY»
- Author
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SITDIKOVA GUZEL ZUFAROVNA
- Subjects
criminal community ,thief in law ,«criminal career» ,criminal hierarchy ,investigation ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The perpetrator of the crime under Article 210.1 of the Criminal Code of the Russian Federation is characterized by willingness to follow criminal ideology, to lead the criminal hierarchy using an arsenal of illegal methods, to organize and expand the scope and territory of criminal activity through subordinate structures, actively counteract the law enforcement function of the state. The criminal career of the leader of the criminal hierarchy is the basis for qualifying a crime, determining the circumstances included in the subject of proof, for planning and organizing an investigation. Purpose: to analyze the criminal law, criminological and criminalistic characteristics of the perpetrator of the crime – «Taking the highest position in the criminal hierarchy». Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study makes it possible to identify problems in the qualification of the crime, to highlight the criminal law, criminological and criminalistic signs of the perpetrator of the crime under Article 210.1 of the Criminal Code of the Russian Federation, to formulate recommendations on the organization and planning of the investigation of this crime.
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- 2022
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13. Transnational gathering of electronic evidences: challenges and perspectives in the European Union
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Armen OGANESEAN
- Subjects
digital evidences ,electronic ,cybercrime ,investigation ,prosecution ,cross-border ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
It is well-known that transnational data flows are rising simultaneously with the increasing use of social media, webmail, messaging services, and apps to communicate, work, socialize and gain information, unfortunately, including also unlawful purposes. Criminal procedural measures for gathering evidence as part of a criminal investigation are usually national in scope, but obtaining electronic evidence often has cross-border implications. Courts and legislatures have often failed to keep pace with rapid advances in digital technology and computer software capabilities. This paper analyzes the European legal framework for the transnational gathering of electronic evidence in Europe. Initially, it argues the challenges of the cross-border gathering of electronic evidence in criminal investigations
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- 2022
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14. PROGRAM-TARGET METHOD IN CRIMINALISTICS
- Author
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Constantin RUSNAC
- Subjects
programming ,investigation ,criminalistics ,criminal process ,knowledge method ,criminal case. ,Private international law. Conflict of laws ,K7000-7720 ,Jurisprudence. Philosophy and theory of law ,K201-487 - Abstract
The article investigates the theoretical foundations of the modern forensic doctrine regarding the methods of crime investigation, in particular, a number of controversial issues related to the concept and content of the programmed target method in forensic science are touched upon. By the method of the programmed target is meant the scientific analysis and the organization of the activity in order to obtain new knowledge by means of the standard forensic programs, elaborated in time which are systems of recommendations to give help to the law enforcement bodies in terms of the organization of the research and obtaining of new knowledge, with a view to the correct and timely solution of the tasks that stand before the criminal process, at the initial stage. The authors investigated the possibilities and the contribution of the programmed target method to the detection and investigation of crimes, emphasizing the features and the algorithm of the activities that need to be followed when applying this method, in order to find the truth in a criminal case.
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- 2022
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15. PROPOSING EXPERT VERSIONS ON THE CAUSE OF A FIRE AND THEIR VERIFICATION THROUGH EXPERT STUDIES
- Author
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Fayzullina Alina Anisovna
- Subjects
proposing versions ,investigation ,expert study ,cause of a fire ,expert conclusions ,expert opinion ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Proposing expert versions is the most important stage of expert work in the process of establishing the cause of a fire. As practice shows, in expert studies of the cause of a fire, individual facts and circumstances often admit different explanations. The role of versions is that thanks to them the expert reconstructs the initial stage of fire development, determines the right direction of his scientific and practical activities, which he needs to implement in order to draw reasonable and reliable conclusions about the cause of the fire. Purpose: to carry out a comprehensive study of the problems encountered in the process of proposing versions of the cause of the fire and evaluating the results by a fire-technical expert. Methods: the author applies analysis, synthesis, deduction, induction, systematic, juxtaposition, comparison as well as specific scientific me-thods: formal-logical, legal modeling, comparative-legal, system-structural. Re-sults: the conclusions are settled on the need to draw the expert’s attention to the identification of the technical circumstances that contributed to the formation and development of the fire, the examination of the location of the fire source, the state of the alleged source of ignition in order to confirm or refute specific versions of the cause of the fire.
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- 2022
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16. The story of the death of Nicholas II and his family through the prism of source study Review of Pchelov, E.V. Tsareubiistvo 1918 goda: istochniki, voprosy, versii [The regicide of 1918: sources, questions, and versions]. Moscow: RGGU, 2020.
- Author
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Mark A. Knyazev
- Subjects
russian civil war ,death of the tsar’s family ,yekaterinburg remains ,investigation ,historical source ,source study ,memoirs ,nicholas ii ,vladimir lenin ,yakov sverdlov ,History of Civilization ,CB3-482 ,History (General) and history of Europe - Abstract
The historiography of the death of Russian Emperor Nicholas II, his family and retinue has been replenished with a new book. The monograph by famous historian Evgenii Pchelov The Regicide of 1918: Sources, Questions, and Versions published in 2020 by the publishing house of the Russian State University for the Humanities is based on the results of a source analysis of some issues related to the death of the members of the Russian imperial house in the Urals during the Civil War. The book consists of four sections (chapters), which respectively deal with four debatable and insufficiently studied issues within the framework of this topic. The first chapter of the book is dedicated to the mysterious fate of the documents of the White Guard investigation of the case of the murder of the tsar’s family. The author comes to the conclusion that the extant materials from different parts of the world, in general, make it possible to reconstruct the contents of eleven volumes of the case files. The second part of the work deals with the issue of interpretation of the finds made by investigator Nikolai Sokolov in the area of the Ganina Yama mine where the clothes of the victims were burned. The author disagrees with the conclusions of the White investigator about the complete destruction of the Romanovs’ remains. The third section of the book covers the controversial issue of “mysterious” inscriptions in the basement of the Ipatiev House, where the imperial family was shot. Evgenii Pchelov questions the mystical and cabbalistic background of these inscriptions, although he emphasizes that their further scientific study is necessary. In the final chapter, the author proposes a solution to the issue of whether Moscow represented by Vladimir Lenin and Yakov Sverdlov sanctioned the murder of the Romanovs in Yekaterinburg. The researcher comes to a reasonable conclusion about the presence of a tacit permission from the top Bolsheviks to destroy the tsar’s family. The review notes both positive aspects of Evgenii Pchelov’s research and some inaccurate or insufficient conclusions of the author which were caused by ignoring the previous historiography, on the one hand, and by a simplified understanding of the source-study approach as relying solely on “available sources,” on the other hand.
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- 2022
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17. Emilio De Marchi’s Novel 'The Priest’s Hat': the Origins of Italian Giallo
- Author
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Yulia S. Patronnikova
- Subjects
“the priest’s hat” ,de marchi ,giallo ,romanzo poliziesco ,proto-detective novel ,detective fiction ,criminal ,investigation ,mastriani ,gaborio ,psychologism. ,Literature (General) ,PN1-6790 - Abstract
The paper examines Emilio De Marchi’s novel “The priest’s hat” (1888) as a precursor of detective fiction in Italy. Influenced by Dostoevsky and the French tradition (Gaborio) with its attention to characters’ psychology, De Marchi tells the story of “crime and punishment” that contains crucial elements of detective fiction. The plot revolves around the priest’s murder. The only evidence, his hat, determines how the detective story unfolds — it introduces the mystery, hints at the crime, and sparks the investigation. The case is officially led by the investigating judge. The story also contains untypical genre elements: not fully developed character of the detective (whose function is performed by several characters); the absence of the mystery as to who is the criminal; the investigation’s secondary role; and, most importantly, it’s resolution in a psychological way. De Marchi’s focus is placed on the inner conflict of the perpetrator. The guilt makes the hero lose his mind and at the case’s hearings he unwittingly confesses that he is the murderer. The justice is restored, but the crucial role is played not by human ingenuity (as in a typical detective story) but by the fate: the supreme force prevents the perpetrator from getting away with the crime.
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- 2022
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18. Grounds for Criminalistic Classification of Crimes against Human Life and Health Committed by Convicts Serving Imprisonment Sentences in Places of Deprivation of Liberty
- Author
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NIKOLAI G. SHURUKHNOV and OLEG M. DECHKIN
- Subjects
places of deprivation of liberty ,convicted persons ,crimes ,intentional injuries ,classification ,grounds ,investigation ,methodology ,Criminal law and procedure ,K5000-5582 - Abstract
Introduction: the article considers grounds for criminalistic classification of crimes causing intentional injuries committed by convicts serving sentences in places of deprivation of liberty. Purpose: based on the analysis and generalization of theoretical and practical materials, an attempt is made to formulate the most characteristic grounds for the criminalistic classification of the analyzed criminal acts and reveal their contents. Methods: the dialectical method of cognition, general scientific methods of analysis and generalization, empirical methods of description, interpretation; theoretical methods of formal and dialectical logic are used in the research. Results: the article reveals in detail the content of general (territory, situation, community of correctional institutions; prevalence of informal norms of behavior in places of deprivation of liberty, which most convicts adhere to) and private grounds (specifics of personality traits of a criminal, victim and witnesses; specifics of behavior before and after crime commission) for classification of crimes that make up the group for which the investigation method will be worked out. Conclusions: based on the available research, which highlights the universal basis – the criminal legal object, it is concluded that there are two groups of grounds (general and special) for classification of crimes causing intentional harm to life and health committed by convicts serving imprisonment sentences.
- Published
- 2021
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19. On the issue of legislative regulation of prosecutorial response measures to identified violations of the criminal procedural legislation by the bodies of preliminary investigation
- Author
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S.Yu. Bytko and O.A. Gracheva
- Subjects
detection of violations ,acts of prosecutorial response ,preliminary investigation bodies ,criminal proceedings ,pre-trial proceedings ,inquiry ,investigation ,prosecution bodies ,Law ,Sociology (General) ,HM401-1281 - Abstract
Background. Violations of the law by the preliminary investigation bodies are detected by the prosecutor when he conducts inspections of the implementation of the law, which are the main form of supervision by the prosecutor at the pre-trial stages of criminal proceedings. The result of such checks, as a rule, is the adoption by the prosecutor of a cer-tain decision, which is commonly referred to as acts of prosecutorial response. However, the legislator has not clearly defined a list of acts of prosecutorial response to detected vio-lations of criminal procedure legislation. The purpose of the work is based on the analysis of the current legislation and the practice of its application to consider the measures of prosecutorial response used in pre-trial criminal proceedings, as well as to make proposals for improving legislative regulation. Materials and methods. The article used normative legal acts and scientific works on the problem under study, official statistical data on the number of offenses at the pre-trial stages of the criminal process. The methodological basis was the universal dialectical method of cognition. Also, during the preparation of the artic-le, the following methods were implemented: logical, formal-legal, statistical, and the study of practice. Results. The analysis of official statistical indicators on the activities of the prosecutorʼs office has been carried out, the features of the acts of the prosecutorʼs response issued following the results of the prosecutorʼs checks on detected violations of the law by the preliminary investigation bodies have been studied. Conclusions. Based on the results obtained, proposals have been made aimed at improving the efficiency of the activities of the prosecutorʼs office and the preliminary investigation bodies in this area.
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- 2022
- Full Text
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20. Improvement of pre-trial investigation as a factor of influencing on the ensuring of the economic security of Ukraine
- Author
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Mikhail Vysochanskiy
- Subjects
investigation ,security ,criminal offense ,economics ,security law enforcement ,state regulation ,Political institutions and public administration (General) ,JF20-2112 - Abstract
The article considers the pre-trial investigation in the context of an integral part of the foundation of economic security of Ukraine. The main problems of the pre-trial investigation in the criminal process of Ukraine identified: poor-quality regulatory support; insufficient material and technical support of pre-trial investigation bodies; redundancy in the use of the institution of immunity by judges and deputies of Ukraine; overload of investigators. Economic security in the article refers to the state of security of the national economy from threats, in which it is able to ensure the development of society, its economic and socio-political stability. Pre-trial investigation is defined as the stage of criminal proceedings carried out with observance of human rights and freedoms, starts from the moment the information is entered into the Unified Register of Pre-trial Investigations and ends with either the closure of the criminal proceedings or the submission of one of the following criminal procedure documents to the court, namely: the indictment ; petitions for the application of coercive measures of a medical or educational nature; applications for exemption from criminal liability. The importance of pre-trial investigation is noted, since it is during this stage that the bulk of the evidence is collected. It was determined to be rational to use electronic document management systems with the use of electronic signatures in order to simplify the interaction between law enforcement agencies, the prosecutor's office and the court in conducting pre-trial investigation. In order to improve and partially solve the problems of the pre-trial investigation, it was proposed to create such an electronic document management system that would ensure formal correspondence with the help of technical means, coordination of the investigator's applications, receipt of court orders for execution, etc.
- Published
- 2020
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21. Blended Distance Learning: Search for an Optimal Format
- Author
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I. V. Tsarenko
- Subjects
blended learning distance learning ,e-learning ,optimization ,investigation ,questioning ,Information technology ,T58.5-58.64 - Abstract
Article is devoted to a search for an optimal format of blended distance learning. The questioning of distance learning students of Sukhoi State Technical University of Gomel was used as a main research method. One discipline from the academic learning program was studied using e-learning technology (on-line classes) whereas (while) others disciplines were studied using traditional classroom face-to-face learning technique. Thus, students using blended distance learning have opportunity to compare and estimate efficiency together with advantages of both educative techniques. On-line classes were held in the period between sessions using BigBlueButton program.It was found that student majority estimate blended distance learning as most efficiency learning technique; half of questioning students consider that the quality of face-to-face and on-line learning is equal. The main advantages and disadvantages of e-learning were analyzed. Highest student attendance of on-line classes between sessions in comparison with face-to-face classes during session time was found. Optimal amount of disciplines for on-line learning to organize blended distance learning were established. Best regime, time and intensity for on-line classes were determined. Results of these investigations may be useful to organize optimal format of blended distance learning as well as to choose subjects for on-line learning and to create comfortable schedule of distance classes.
- Published
- 2020
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22. Three scenarios of the investigation and organization of the trial in the case of the Minister of State Security of the USSR V.S. Abakumov
- Author
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O.B. Mozokhin
- Subjects
mgb of ussr ,v.s. abakumov ,violation of the law ,investigation ,court ,i.v. stalin ,l.p. beria ,g.m. malenkov ,History (General) ,D1-2009 - Abstract
Background. The relevance of the study is determined by the need for a comprehensive objective analysis of the Politburo activities of the Central Committee of the CPSU (b) – the Central Committee of the CPSU on the investigation’s falsification of the case of the Minister of State Security (MGB) of the USSR V.S. Abakumov. The publication aims to reflect the process of both the investigation and the court in this case. Materials and methods. The implementation of research tasks was achieved through the use of documents from the Archives of the President of the Russian Federation and the Russian State Archive of Social and Political History. The methodological potential includes the philosophical principles of dialectics, namely objectivity, scientific nature, comprehensiveness, the unity of the historical, logical, etc. Their implementation helped to study documentary sources related to the case of V.S. Abakumov. Results. On the basis of the documents of the Archives of the President of the Russian Federation and the Russian State Archive of Socio-Political History, for the first time introduced into scientific circulation, information about the process of investigation and trial in the case of Abakumov is published. Conclusions. The charges against V.S. Abakumov were constantly changing. During the investigation, three indictments were prepared in his case, and the individual conclusions of each subsequent conclusion sometimes contradicted the previous one. The scenario for each subsequent indictment changed depending on who was in power at that time. The trial in the case of Abakumov was also well prepared. It took place in the presence of only party activists. The composition of the court was agreed, and politically proven lawyers were selected. At present, it is quite obvious that it was the first persons of the state, I.V. Stalin, G.M. Malenkov and L.P. Beria, who, for one reason or another, influenced the initiation of the investigation in the state security bodies. V.S. Abakumov is a zealous executor of the will of “their masters”, first of all Stalin and Beria.
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- 2021
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23. The cause of arrest of the minister of state security V.S. Abakumov
- Author
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O.B. Mozohin
- Subjects
commission of the politburo of the central committee of the all-union communist party (bolsheviks) ,the ministry of state security of the ussr ,v.s. abakumov ,m.d. ryumin ,i.v. stalin ,investigation ,violation of the law ,History (General) ,D1-2009 - Abstract
Background. The relevance of the study is determined by the need for a comprehensive objective analysis of the removal from the post of Minister of State Security of the USSR V.S. Abakumov. The publication aims to reflect the process of activity of the Commission of the Politburo of the Central Committee of the CPSU(b) to investigate his case. Materials and methods. The implementation of research tasks was achieved using documents from the Archive of the President of the Russian Federation and the Russian State Archive of Social and Political History. Methodological potential includes: philosophical principles of dialectics, namely objectivity, scientific character, comprehensiveness, unity of historical, logical and others. Their implementation helped to study documentary sources related to the case of V.S. Abakumov. Results. On the basis of first introduced in the scientific use of documents of Archive of the President of the Russian Federation and Russian state archive of socio political history published information about the Commission’s investigation of the Politburo of the CPSU(b) in the case of V.S. Abakumov. It tells about the work of the Investigative Unit for particularly important cases of the Minister of State Security of the USSR, about the activities of which almost nothing is known. Conclusions. After being appointed to the post of head of the Minister of State Security of the USSR, V.S. Abakumov in his work focused mainly on L.P. Beria, he often turned to him for advice. In fact, Beria was an unofficial curator of the Minister of State Security of the USSR. The statement of the senior investigator of the Investigative Unit for Particularly important cases of the Minister of State Security, M.D. Ryumin, who signaled the unfavorable situation in the ministry with the investigation of a number of important cases, contributed to the removal of Abakumov from the post of minister. However, the main reason was not his statement, but the fact that Abakumov was becoming too independent, he alone made decisions on the conduct of the investigation, without informing Stalin about it. The leader was used to making his own decisions about whom and in what direction to conduct the investigation, but not the Minister of the Minister of State Security, who was supposed to be an intermediate link. Taking advantage of the situation, Stalin without regret removed the “presumptuous” minister.
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- 2021
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24. Investigation in Criminal Prosecution of Burglary
- Author
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Alexandru Drăgănescu
- Subjects
investigation ,burglary ,criminal deeds ,criminal investigation ,International relations ,JZ2-6530 - Abstract
As investigating instrument of the criminal prosecution activity, investigation is an extremely important step in criminal prosecution, aiming to discover, obtain valuable information and clues. Investigation is a common instrument, in order to obtain information about the author, his residence, his habits, the stolen goods or the capitalization method. Investigation is the main method used by police officers in the immediate activity of identifying authors of criminal deeds.
- Published
- 2019
25. FEATURES OF FORMATION AND DEVELOPMENT OF THE INVESTIGATIVE ACTIONS CONNECTED WITH QUESTIONING
- Author
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Kan A.G., Izbassova A.B., and Sheloukhine S.
- Subjects
obtaining evidences ,investigative actions ,investigation ,investigator ,criminal prosecution ,proof ,investigative experiment ,criminal process ,operational-search activity ,confrontation ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Article is devoted to questions of a ratio of the criminal proceedings, criminalistics and operational search activity which influenced formation and development of the investigative actions connected with questioning. Formation of procedural provisions of inquiry and tactics of its carrying out is impossible without interaction, interdependence and interpenetration of criminal proceedings, criminalistics and operational search activity. As practice shows, the use of the results, received during the operational search activity, in proof on criminal cases promotes the effectiveness of inquiry. Article analyses existing and modern criminal procedure legislation, that formulatesproposals for improvement of the national legislation. On the basis of the conducted research authors come to a conclusion that the criminalistics quite often is in the lead in research and development, which then are transformed to the legal procedure and to science of criminal procedure law. The history of the domestic criminal procedure legislation and criminalistics brightly highlights this picture. As a result of interaction, interdependence and interpenetra-tion of criminal proceedings and criminalistics procedural emergence of such investigative actions con-nected with obtaining evidences as face-to-face interrogation, presentation for identification, check and specification of indications on the place, an investigative experiment, deposition of evidences became possible. And these investigative actions “detached” from interrogation. In too time in spite of the fact that the specified investigative actions are independent, their production is possible only after interroga-tion. Besides, for increase in guarantees of legality, ensuring protection of the rights and the interests of the persons who are involved in criminal proceedings and also the effectiveness of investigation it is necessary to regulate the provisions reflecting the procedure of receiving explanations in the Code of Criminal Procedure of the Republic of Kazakhstan. Laws of the Republic of Kazakhstan, the Criminal Code of RK, the Code of Criminal Procedure of RK and works of the known scientific protsessualist and criminalists of Kazakhstan and foreign countries makes scientific and methodological basis.
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- 2019
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26. TO A QUESTION OF DEFINITION OF THE BEGINNING OF CRIMINAL PROSECUTION
- Author
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Sultanov N.N., Kan A., and Azarov V.A.
- Subjects
criminal prosecution ,charge ,investigation ,the suspect ,the defendant ,the body con-ducting criminal procedure ,measures of procedural coercion ,criminal offense ,operational-investigative activity ,criminal procedure law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Article is devoted to a research of the moment of the beginning of criminal prosecution, determination of its features and the legal nature. On the basis of the conducted research the main theoretical approaches to definition of the moment of the beginning of criminal prosecution in criminal procedure are analysed. The analysis of special legal literature allows to allocate several main positions concerning the beginning of criminal prosecution. A number of scientists considers that the beginning of criminal prosecution is initiation of legal proceedings (in Kazakhstan – registration of a statement (messages, the official report) about criminal offense in the Unified register of pre-judicial investigations or production of the first urgent investigative action); others – from the moment of emergence in criminal case of the particular person (the suspect or the defendant); the third – from the moment of application concern-ing the person of measures of procedural coercion. The author’s position concerning the beginning of criminal prosecution makes a start from the moment of detection of signs of criminal offense which can be found out including during operational search activity, in this regard, production of the investiga-tion and search operations directed to identification and disclosure of crimes testifies to the beginning of production of criminal prosecution. Thus, establishment of illegal act, namely its identification and suppression, can be carried out also during investigation and search operations within the Law of the Republic of Kazakhstan “About Operational Search Activity”. Considering the above, the conclusion is drawn that criminal prosecution not always has procedural character. Besides, in article suggestions for improvement of the criminal procedure legislation in this sphere are formulated. The scientific and methodological basis was made by laws of the Republic of Kazakhstan, the Code of Criminal Procedure of the Republic of Kazakhstan and also works of the known scientific protsessualist of Kazakhstan and foreign countries.
- Published
- 2019
27. Crimes Against the Electoral Rights of Citizens in Ukraine: The Peculiarities of Their Committing and Investigation
- Author
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T. P. Matiushkova
- Subjects
electoral rights of citizens ,crimes ,election crimes ,information technologies ,mechanism of committing ,investigation ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
This article is concerning on researching the crimes against the elective franchise as the crimes within the transnational nature, which are committed by the usage of information technologies. Different approaches to determine crimes against electoral rights of citizens have been described. Significant differences in number of offenses recorded by the Department of Information Support and Coordination of Police, crimes detected by the National police of Ukraine, as well as in the number of initiated criminal proceedings and number of criminal proceedings referred to the court have been highlighted. The types of unauthorized interference into the database of the State Register of Voters have been pointed. The impact of new voting technologies in increasing number of crimes against the elective franchise has been stressed. The external and internal subjects of crimes against the elective rights of citizens committed by usage of information technologies have been specified. Certain difficulties and problems, an overcoming of which requires a comprehensive approach, have been disclosed. In particular, blanket nature of statutory regulations, lack of well-established investigative and judicial practice, the needs in cooperation among different law enforcement agencies, including international engagement, involvements non-governmental organizations, etc.
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- 2019
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28. The investigation of indicators for evaluation the information process of management of industrial enterprise
- Author
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Alina Shcherbak
- Subjects
investigation ,information ,management ,process ,indicators ,results of enterprise ,Education ,Sports ,GV557-1198.995 ,Medicine - Abstract
Purpose: Activation of the process of formation of the information society in Ukraine, causes the introduction of information technologies in the practical activities of enterprises, increases the role and importance of information processes as one of the effective tools for developing and substantiating effective management decisions. However, the use of truly effective information management processes requires their constant monitoring and evaluation. Taking this into account, the purpose of the article is to study the existing indicators for evaluating information processes of an enterprise and justifying the need to supplement them with indicators that objectively evaluate information management processes. Design/methodology/approach: In the process of research, in order to substantiate the conclusions and recommendations, a set of special research methods was used, in particular: analysis and synthesis - to generate key indicators for evaluating the information process of an enterprise and summarizing them in a single classification; grouping methods, comparative and structural analysis - for disclosing the differences between the indicators used and the performance indicators of the information process and justifying the need to expand the existing system of indicators for evaluating the management information process for its application in the management system of an industrial enterprise; monographic, historical-evolutionary and dialectical methods - for the study of scientific views on the process of evaluating information. Findings: The groups of indicators considered in the article are extremely important for assessing the information process of an enterprise, however, the assessment of the information management process according to the given system of indicators would be incomplete, since there are no results of information evaluation that allow to accurately assess the current state of the enterprise in terms of its most important areas - financial, labor and production. It is known that the analysis of the current activities of the enterprise is the basis for identifying the need for future changes, and, consequently, the development and justification of new management decisions. The effectiveness of the future management decision largely depends on how effective the information produced in the process of implementing the information management process will be. Thus, the addition of the existing classification of indicators for evaluating the information process with a block of indicators of the effectiveness of the information process is quite legitimate, because it will allow to transfer this process to the management plane. Research and practical limitations/implications: Expanding the system of indicators for assessing the information process with a block of indicators of its performance will allow, based on an assessment of the current state of the enterprise in the most important areas of its activity, to thoroughly choose a scenario for future activities. Originality/value: The implementation of the proposed recommendations will further develop a unified methodology for evaluating the information process of managing an industrial enterprise, which will enable to quantitatively and qualitatively implement this process, taking into account the information obtained as a result of analyzing the indicators of the most important areas of the enterprise. This, in turn, will increase the degree of justification of management decisions on the choice of the most effective direction of the future activity of the enterprise.
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- 2019
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29. Participation of students of Kazan theological academy in requiem for farmers in the village of Bezdna
- Author
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Roman Tupikin
- Subjects
protest ,students ,Kazan Theological Academy ,Kazan University ,Kurtin funeral service ,Bezdna ,investigation ,archimandrite Ioann (Sokolov) ,St. Philaret (Drozdov) ,History of Russia. Soviet Union. Former Soviet Republics ,DK1-4735 ,History and principles of religions ,BL660-2680 - Abstract
There was no other theological institution in Russian church where students led such a rampant life and where the rector played such an important role in their fate as in Kazan in 1861. At that time, students of theological schools were not so widely involved in socio-economical movements in Russia, which made it rather unexpected that students of Kazan Theological Academy were found in the centre of protest actions against legal authorities. In 1861, the students conducted a requiem for the perished farmers of the village of Bezdna at Krutinskoye (Arskoye) cemetery in Kazan. Thanks to the eff orts of their rector, archimandrite Ioann (Sokolov), they managed to excape grave consequences of their thoughtless act. The article aims to examine the course of the main events of this requiem and to give evaluations of actions of those persons who were involved in them. The sources for this study are archival documents of the Russian State Historical Archive, National Archive of Tatarstan and the Department of Manuscripts of the Russian State Library. An important source is “Opinions and Reports” by St. Filaret of Moscow, who was one of the key fi gures in the investigation of the requiem for the farmers of Bezdna. The study also made use of sermons of the future bishop of Smolensk Ioann (Sokolov) as well as the work by P. V. Znamensky “History of Kazan Theological Academy in the fi rst (pre-reform) period (1842–1870)”. Based on the carried-out research, the author of the article answers the question about the true motives of the participation of students of Kazan Theological Academy in the protest actions.
- Published
- 2018
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30. ІНТЕРНЕТ-ШАХРАЙСТВА: ТЕХНОЛОГІЇ ВЧИНЕННЯ, ШЛЯХИ ПРОТИДІЇ ТА ЗАПОБІГАННЯ
- Author
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САМОЙЛЕНКО, О. А. and ТІТУНІНА, К. В.
- Abstract
Copyright of ScienceRise: Juridical Science is the property of PC TECHNOLOGY CENTER and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
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31. The Object (Subject) of a Criminal Assault as an Element of Criminalistics Characteristic of Crimes
- Author
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A. Bessonov
- Subjects
criminalistics characteristic of crimes ,investigation ,the subject of a criminal assault ,History (General) ,D1-2009 ,Oriental languages and literatures ,PJ - Abstract
For over half a century criminalistics characteristic of crimes has served as the information foundation, the ‘root’ for the formation of private investigation practices for any given crime. In this sense there is no alternative to it and there is unlikely to be any. It defines the investigation algorithm in each particular situation and the specific features of certain investigatory actions. This is the point of view that the majority of Russian forensic scientists cling to. The object of a criminal assault plays one of the key roles in the structure of criminalistics characteristic of crimes. It is interrelated to other elements of this structure. The choice of an object of a criminal assault is determined by the specific features of the identity of a criminal. The object of a criminal assault determines at the same time the choice of a crime manner, its situation and the time of committing the crime. The manner of committing a crime in a certain situation is embodied in the form of specific trace evidences. Consequently, an investigator or an interrogating officer can determine, primarily, the scope of possible suspects by examining the data on trace evidences on the site of a crime, special features of the object of a criminal assault, as well as the place and time of the crime during the investigation process. Besides, the information on the special features of the object of a criminal assault make it possible to determine the manner of committing the crime; sources of evidence on the circumstances of the crime and the affiliate person; time and place of committing the crime, its motive and intent; direction of search for the information on the unidentified victim; typical trace evidence, left on the victim as a result of the crime or left by the victims themselves in the crime situation; causes and conditions that have facilitated the commission of the crime. Typical forensic-psychology model of a crime victim based on the analysis of investigative and court practice has an essential role in the determination of the criminal who has committed a crime. Therefore, information about the object of a criminal assault as an element of the criminalistics characteristic of crimes makes it possible for an investigator or an interrogating officer to realize its organizational scheme during investigation as follows: ‘from the victim’s identity (characteristics of the object of a criminal assault) - to the perpetrator’. The findings stated above can be confirmed by the author’s examination of ca. 3 thousand criminal cases on illegal fishing.
- Published
- 2018
32. V.G. Korolenko's investigative methods in the context of general development of Russian journalism at the turn of the 19th – 20th centuries
- Author
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A.Sh. Bik-Bulatov
- Subjects
v.g. korolenko ,journalism of 19th century ,early 20th century ,investigation ,journalism ,documentary ,History of scholarship and learning. The humanities ,AZ20-999 - Abstract
The paper examines the main methods used by V.G. Korolenko in journalistic investigations, gives examples of the use and interpretation of statistical and other documentary data, as well as other techniques and methods of investigation characteristic for the writer. The correlation between the methods of interviewing eyewitnesses and analyzing various documents in investigations by V.G. Korolenko, the reasons for choosing one method or another in the context of various investigations have been revealed. The investigative activity of V.G. Korolenko has been considered in the context of the general processes characterizing the development of Russian journalism in the second half of the 19th – early 20th century. Little-known examples from the journalistic investigative work of the famous publicist have been provided. In addition, an overview of the opinions of modern literary and journalistic researchers about V.G. Korolenko as an investigative journalist has been given. The relationship between literary and journalistic investigations has been described. Special attention has been paid to the available scientific literature on this issue. V.G. Korolenko’s achievements can be reclaimed and studied as a forerunner of modern data journalism, investigative journalism, and journalism of social problems, which are the areas of activity of journalists at in the early 21st century.
- Published
- 2018
33. CRIME AS AN OBJECT OF INQUIRY IN RUSSIAN CRIMINALISTICS ALEKSEY BESSONOV
- Author
-
A. Bessonov
- Subjects
crime ,criminalistics ,criminalistic characteristic of crimes ,investigation ,objects of criminalistic science ,criminal profiling ,subject of criminalistic science ,Law - Abstract
This article deals with the definition of the subject and objects of modern Russian criminalistics. It is aimed at sensitizing world public opinion to the necessity of inquiry into the criminalistic essence of crime and encouraging criminalists to study new techniques of crime investigation in order to mitigate risks and reduce errors arising in the criminal investigation process.One of the main objects that is constantly undergoing research in Russian criminalistics is criminal activity. The subject of Russian criminalistics is the regularities of criminal activity. When investigating crimes scientists are interested in the information that allows the successful investigation of the crimes and determination of the offender. The information about different types of crimes, which is necessary for crime investigation, is accumulated in the criminalistic characteristic of crimes. The Criminalistic Characteristic of Crimes is a scientific theory of modern Russian criminalistics that makes it possible to fully examine the specific features of crimes of all kinds, i.e. the forensic nature (essence) of crime, the system of crime elements with their characteristics, and the relationship between those elements. In U.S. and European criminalistics, the regularities of criminal activity are not defined as an object of study of this science. Yet, in the U.S. and European countries criminal profilers investigating criminal cases study the criminal links between crimes to identify crime series and crimes committed by similar offenders (or to determine co-offenders).
- Published
- 2018
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34. Interrogation Tactics of a Suspect (Accused) in Cases of Crimes Committed Against Journalists in Connection with Their Professional Activities
- Author
-
Y. M. Mazunin and M. A. Boiko
- Subjects
crime ,investigation ,interrogation ,suspect (accused) ,interrogation tactics ,journalist ,professional activity ,Law - Abstract
The article reveals the most effective tactical methods developed by science, forensic and investigative practices used in the interrogation of persons suspected (accused) of committing crimes against journalists in connection with their legitimate professional activities. Describes the issues needed to clarify during the production of the interrogation of these persons. Focuses on tactics to overcome resistance on the part of the interviewee and conflict situations emerging in the course of his interrogation. The conclusions made in the article indicate that the position of the interrogated person, her role in the Commission of the crime, as well as her psychological state, official position and relations with the victim preceding the Commission of the crime should be taken into account when preparing and conducting the interrogation of the suspect (accused) in the cases of the considered category.
- Published
- 2018
- Full Text
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35. Circumstances to be Determined in Cases of Extortion
- Author
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A. T. Anesheva
- Subjects
circumstances to be determined ,extortion ,investigation ,Law - Abstract
The process of investigating a crime requires the person conducting the investigation skills to properly focus their efforts to establish the circumstances to be proved. For each specific type of crime, this list is filled with specific content. In this regard, ensuring the completeness and comprehensiveness of the investigation of certain types of criminally punishable acts is possible by formulating a list of circumstances to be determined, which are understood to be more broadly the subject of evidence. The number of persons convicted annually of extortion is indicative of the prevalence of such crimes, and changes in the current legislation require specification with their consideration of the list of circumstances to be determined. In order to solve the above-mentioned problem, in the present work, on the basis of an analysis of the law enforcement practice and the legislation of the Russian Federation, the circumstances that are to be determined in the cases of the category in question according to the subject, the subjective side, the object and the objective side of the criminal offense under consideration are consistently formulated and outlined. Along with the above circumstances, which are subject to determination in cases of extortion, the issues related to the need to establish circumstances permitting delineation of the acts provided for аrt. 163 of the Criminal Code of the Russian Federation from related offenses, namely arbitrariness, robbery (art. 161 and art. 162 of the Criminal Code of the Russian Federation).
- Published
- 2018
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36. Establishment of Data on the Subject and Method of the Crime in Casesof Illegal Circulation of Payments
- Author
-
L. Yu. Aksenova
- Subjects
the subject of criminal assault ,the method of crime ,circumstances to be determined ,investigation ,Law - Abstract
Federal Law No. 153-FZ of June 8, 2015 “On Amending Article 187 of the Criminal Code of the Russian Federation” changed the title of the article itself, expanded the subject of criminal assault, and substantially modernized the objective side of the criminal act. The article substantiates the need to develop the content of the subject of criminal assault and the method of crime as the most informative components of circumstances that are to be determined in cases of illegal circulation of payment instruments. On the basis of explanations of the highest judicial bodies of Russia, separate normative sources and modern research in forensic science, the content of the subject and method of the act of Article 187 of the Criminal Code of the Russian Federation.
- Published
- 2018
- Full Text
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37. EXPERT'S CONCLUSIONS IN CRIMINAL INVESTIGATIONS OF CONSTRUCTION FRAUD
- Author
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Andrei Yu. Butyrin and Igor' A. Danilkin
- Subjects
construction forensics ,forms of expert conclusions ,investigation ,probative value of forensic engineer's conclusions ,Social pathology. Social and public welfare. Criminology ,HV1-9960 - Abstract
The paper analyzes various forms of conclusions presented in forensic construction audit reports. Representative examples from forensic casework are included to demonstrate the circumstances warranting the use of categorical assertions, categorical exclusions, conditional, alternative, or probable conclusions in a forensic construction audit report. The issues of expert report evaluation are examined in terms of assessing the probative value of expert opinions presented in different logical forms in a forensic construction audit report. Arguments are offered in support of using construction audit reports with probabilistic conclusions as a source of evidence in criminal investigations.
- Published
- 2018
- Full Text
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38. Determining the role of books and reading in the modern information space
- Author
-
O. V. Sirotyuk
- Subjects
reading ,priorities ,library ,investigation ,questionnaire ,Bibliography. Library science. Information resources - Abstract
The article considers priorities of reading culture among youngsters and peculiarities of its forming. It represents the materials got in the process of local library investigation, during which the author analyzes the peculiar features of the library users’ informational demands; reveals directions of raising the reading culture, as well as possibilities and conditions to satisfy highest satisfaction of reader’s demands most fully.
- Published
- 2017
- Full Text
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39. WAYS TO REDUCE THE ОССUPATIONAL INJURY AT THE ENTERPRISES OF MECHANICAL ENGINEERING OF ROSTOV REGION
- Author
-
M. S. Pleshko, E. V. Shekina, and N. V. Rybova
- Subjects
occupational injury ,industrial accidents ,investigation ,systems approach ,Industrial safety. Industrial accident prevention ,T55-55.3 - Abstract
The aim of this work is to find solutions to the problem of reduction of occupational injuries at the enterprises of mechanical engineering of Rostov region. The paper presents statistics of work-related injuries at enterprises of the region for two calendar periods: 1985-1995 and 2005-2015. Also the authors have analyzed the causes of workrelated injuries at the enterprises of mechanical engineering for the last 10 years. The paper presents a review of publishedmaterials on the subject; it also refers to the features of investigation of accidents. The authors propose their own approach to the investigation of work-related injuries, namely a system concept, in particular the implementation of the principle of "black box" that will allow you to more accurately predict the risk of work-related injuries and to develop more effective preventive measures.
- Published
- 2017
40. The legal policy of investigation and verification on corruption
- Author
-
Yahman
- Subjects
legal policy ,criminal procedure code ,investigation ,verification ,corruption acts law ,corruption acts ,Indonesia ,History of scholarship and learning. The humanities ,AZ20-999 - Abstract
This study is focused on legal policy of investigation and verification on Indonesian corruption acts. This normative legal research used legislation approach based on the primary law material in the form of positive law and secondary law material including books or other related literatures. This study revealed 2 results in accordance with formulated issues. First, Article 26 of Law No 31/1999 on the Corruption Act revealed the existence of a procedural law containing double meaning. Here, the criminal procedure law that was specified on corruption acts deviated from general criminal procedure law. The deviations were intended to accelerate procedure and simplify investigation up to prosecution and provision in court regarding the defendant's human rights. Secondly, Article 37 of the Corruption Act specified various matters of proof, including the use of reversed verification systems. The verification was an extension of the provisions of Law No 8/1981 on Criminal Procedure Law which stipulated that the prosecutor had the authority to prosecute a person charged with a criminal offense with the burden of proof.
- Published
- 2018
41. PROCEDURES FOR THE INVESTIGATION OF AIRCRAFT ACCIDENTS
- Author
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B. P. Eliseev, V. Sannikov, A. D. Filin, and A. Yu. Shatrakov
- Subjects
air traffic control ,safety of flights ,aircraft accidents ,investigation ,Motor vehicles. Aeronautics. Astronautics ,TL1-4050 - Abstract
The article discusses current issues of the investigation of aircraft accidents. On the basis of regulatory documents it presents the scheme of the procedure of investigation of aircraft accidents based on the JCAO requirements and recommendations.
- Published
- 2016
42. Humanities Research and Projectivity: Disciplinary and Interdisciplinary Strategies of Knowledge
- Author
-
M.S. Kiseleva
- Subjects
disciplinary and interdisciplinary knowledge ,objectivity ,projectivity ,investigation ,method ,humanities ,new educational technologies ,History of scholarship and learning. The humanities ,AZ20-999 - Abstract
The paper makes a distinction between the methodological strategies of humanitarian disciplinary and interdisciplinary knowledge. It is alleged that the disciplinary structure of humanities is supported by a rigid connection between the objectivity of humanities and the research strategy of scholars working in their discipline area. Modern humanitaristics will lose its status without maintaining the disciplinary structure. Interdisciplinarity also requires a different methodological strategy, which is defined as projective by the author. The author refers the area of its development to a special kind of research work, i.e., to creation of such a space, which can not be appropriated by any discipline, but being a projective field for expansion of meanings in understanding the variety of possibilities of spatial and temporal conditions of humans, culture, and society. The author shows the complexity and contradictions of the coexistence of these two strategies in the choice and justification of interdisciplinary communication language, practices of interdisciplinary growth strategies development, financing of interdisciplinary projects, determining the status of interdisciplinarity in the disciplinary structure of humanities. The paper discusses the problems of modern training practices in disciplinary research and mastery of interdisciplinary strategies in the face of ongoing reforms in liberal education. Interdisciplinary projective activity, according to the author, stimulates the development of educational digital technologies and multiplicates the forms and types of humanistic communication, which makes it attractive to the new generation of humanities scholars.
- Published
- 2016
43. RESPONSE EXPERT AS THE OBJECT OF THE APPLICATION OF INFORMATION TECHNOLOGIES IN EXAMINATION
- Author
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Andrey N. Ishchenko and Dmitry V. Dianov
- Subjects
экспертиза ,исследование ,налог на прибыль организаций ,автомати зация экспертного исследования ,налоговое преступление ,автоматизация экспертного исследования ,мотивированный ответ эксперта ,методо логия экспертного исследования ,expertise ,research ,tax on profit of or ganizations ,automation expert research ,tax crime ,examination ,investigation ,reasoned response expert ,methodology of the expert research ,Economics as a science ,HB71-74 - Abstract
The article deals with urgent problems of formalization justified response expert on the question in recognition of the fact that the possibility of establishing methodologies for the application of automated expert systems (software and hardware complexes) for the production of economic analysis. The author considers the ways of formalization of the conclusions depending on the obtained results of the research the author comes to the solution of important tasks, allowing to see the opportunity to address important scientific issues, namely the creation of methodology of application of automated systems in practical activities of experts-economists.
- Published
- 2016
- Full Text
- View/download PDF
44. Accidents and natural disasters: measures for localization and elimination of consequences, questions of investigation of the reasons and condition
- Author
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Grigoriev V.
- Subjects
accidents ,natural disasters ,reasons and conditions ,investigation ,preventive measures ,prevention of risks ,elimination of consequences. ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Technogenic catastrophes and natural disasters make strong and pernicious impact on environment. The probability of emergence and weight of consequences of accidents and natural disasters can increase, both as a result of new technologies, and in the course of any activity of the person (rural, forest and other economy). The complete approach to management of risk based on the knowledge which is taken out from lessons of accidents and natural disasters in the past, understanding of need of the best planning and realization of a number of preventive measures have to help to reduce number and weight of consequences of accidents by a case of possible accidents and to facilitate consequences of natural disasters
- Published
- 2016
45. Circumstances, Which are to be Established in Road Traffic Crime Cases
- Author
-
Laila Y. Aksenova
- Subjects
дорожно-транспортное происшествие (дтп) ,обстоятельства, подлежащие установлению ,обстоятельства, подлежащие доказыванию ,расследование ,раскрытие ,road traffic accident ,circumstances subject to establishment ,circumstances subject to proving ,investigation ,opening ,Law - Abstract
On the basis of the subject of proof (Art. 73 Code of Criminal Proceedings), clarification of higher courts in Russia, certain regulatory sources, author formulated range of circumstances to be established in cases of road traffic offenses, necessary in particular for the decision to initiate criminal proceedings in cases of road traffic offenses.
- Published
- 2016
- Full Text
- View/download PDF
46. ГИПНОРЕПРОДУКЦИЯ: УНИКАЛЬНАЯ ВОЗМОЖНОСТЬ ПОЛУЧЕНИЯ ИСКОМОЙ ИНФОРМАЦИИ В ХОДЕ РАССЛЕДОВАНИЯ ИЛИ «ОКОЛОНАУЧНЫЙ» МЕТОД (размышления криминалиста)
- Subjects
unconventional method ,investigation ,гипнабельное состояние ,жертва ,расследование ,нетрадиционный метод ,necessary information ,искомая информация ,hypnotic state ,специалист-гипнооператор ,hypnotherapist ,гипноз ,victim ,hypnosis ,eyewitness ,очевидец - Abstract
Память человека содержит значительно больше информации, чем он способен вспомнить в какой-либо определенный момент. Воспроизведение забытого можно стимулировать посредством воздействия на определенные участки мозга соответствующих условных сигналов, открывающих доступ к закрытым уровням памяти. В нашем случае это использование в ходе расследования гипнотического состояния жертвы или очевидца происшедшего; в процессе гипноза происходит направленное строго контролируемое воздействие на личность. Гипнотическое воздействие во время допроса — исключительная мера получения искомой информации по делу, требующая знаний специалистов соответствующей квалификации. Полученные данные имеют не доказательственный, а ориентирующий характер и могут быть в дальнейшем использованы для отыскания и закрепления процессуально значимых сведений по делу. Применение гипноза осуществляется строго на добровольной основе; решать вопрос об обращении к этому средству нужно лишь после того, как использованы все традиционные методы расследования., Human memory contains significantly more information than a person is able to recall at any given time. The reproduction of the forgotten data can be stimulated by the influence of appropriate conditional signals on certain areas of the brain, which open access to closed levels of memory. In our case, it is the use of the hypnotic state of the victim or an eyewitness, while investigating. In the process of hypnosis, there is a directed strictly controlled effect on the person. While interrogating, hypnotic influence is an exceptional way to obtain the necessary information related to the case. It requires the knowledge of specialists with appropriate qualifications. The information received is not evidentiary, but orienting in nature and can be further used to find and consolidate procedurally significant information related to the case. The use of hypnosis is carried out strictly on a voluntary basis. It is necessary to solve problem on its application only when all traditional methods of investigation have been used., Вестник Волгоградской академии МВД России, Выпуск 1 (64) 2023, Pages 70-80
- Published
- 2023
- Full Text
- View/download PDF
47. Дознание в сокращенной форме: проблемы и целесообразность производства
- Subjects
suspect ,расследование ,investigation ,полномочия ,court ,подсудимый ,дознание в сокращенной форме ,подозреваемый ,inquiry in an abbreviated form ,суд ,powers ,defendant - Abstract
В статье рассматриваются особенности производства дознания в сокращенной форме. Автор анализирует правовые последствия применения указанной формы дознания для подозреваемого (обвиняемого) и потерпевшего, отмечая, что эта форма дознания лишает их процессуальных гарантий, защищающих права участников уголовного процесса. Это позволяет автору обосновать вывод о несостоятельности данного уголовно-процессуального института., The article discusses the features of the production of inquiry in an abbreviated form. The author analyzes the legal consequences of the application of this form of inquiry for the suspect (accused) and the victim, noting that this form of inquiry deprives them of procedural guarantees that protect the rights of participants in the criminal process. This allows the author to substantiate the conclusion about the insolvency of this criminal procedure institute., СОВРЕМЕННОЕ ПРАВО, Выпуск 1 2023, Pages 97-102
- Published
- 2023
- Full Text
- View/download PDF
48. SELF-HARM AS A SIGN OF STAGING CRIMINAL EVENTS
- Author
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Vitaly Fadeev and Sergey Klevtsov
- Subjects
investigation ,criminal event ,firearms ,dramatization ,crime ,Law ,Economics as a science ,HB71-74 - Abstract
The article considers the problems of conducting investigative activities related to the dramatization of a criminal event, characterized by the application of self-harm to induce the employee of a consequence of misconceptions about the criminal event. At the same time, there is a need to study places of alleged crimes with the help of modern techniques and information technologies that enable more detail to model events.
- Published
- 2015
49. Participation of a Specialist in the Crime Scene Search During Investigation of Violent Crimes
- Author
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S. E. Timoshenko
- Subjects
специалист ,специальные знания ,осмотр места происшествия ,расследование ,насильственные преступления ,specialist ,special knowledge ,crime scene search ,investigation ,violent crimes ,Law - Abstract
The article analyzes the ways of using special knowledge in the inspection of the scene during investigation of violent crimes
- Published
- 2015
50. RUSSIAN LEGAL PROBLEMS OF FINDING A MISSING PERSON
- Author
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Nadezhda Berezhkova
- Subjects
without a trace ,the inquiry ,the Committee ,relationship ,law ,law enforcement ,police order ,the Prosecutor ,the missing ,science ,rules ,regulations ,restriction ,investigation ,registration ,Investigative Committee of Russia ,Law ,Economics as a science ,HB71-74 - Abstract
The issue of improvement of legal procedures for the search of missing people, both socially and legally relevant during the whole time of the law enforcement activity of internal Affairs of Russia and other bodies that are directly relevant to these issues (bodies of Prosecutor’s office, military police, etc.). It is shown that in the current Instruction of find missing are not listed all the signs of a crime in relation to missing persons, which may indicate other circumstances, taking into account local characteristics (e.g., operational environment, traditions, customs). To nominate a reasonable versions obscure the disappearance of a person and the conclusion about presence of signs of a crime it is necessary to consider the totality of the circumstances and their logical relationship. The organization of search and engagement (tying) other forces and means should be expanded. It’s only going to improve that situation to the satisfaction (resolution), especially in remote settlements, military, and other formation, and questions of emergencies and incidents occur constantly.
- Published
- 2015
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