Journal headings
"Legal sciences"

Annotation: The purpose of this work is to study the scientific category of criminal behavior of a person from the positions of the general theory of law and the theory of criminal law. The relevance of the topic is determined by the mass character, repeatability of this criminal law phenomenon, both on the part of a particular individual and other citizens, as well as its insufficient study in the theory of criminal law in comparison with criminal behavior. In the study of criminal law behavior, general scientific and private scientific research methods were used: dialectical, historical, formal-logical, system-structural. Based on the general theory of law and lawful behavior, the article gives the concept of criminal-lawful behavior, its main types and structure. Such forms of implementation of criminal law behavior as the use, execution and compliance with criminal law norms are defined. Socially active, positive (habitual), conformist (passive) and marginal criminal behavior of a person are distinguished and considered.

Annotation: The article reveals the concept of "abuse of the right", which is often mistakenly identified with the limits of the exercise of subjective rights, individual forms of abuse. Article 10 of the Civil сode of Russian Federation, which is named as «Limits to the exercise of civil rights», does not define the given concept, the criteria for determining the limits, as its name should imply. The domestic doctrine of abuse of the right has not yet been developed, which leads to difficulties in recognizing the phenomenon for law enforcement officers, reduces the quality of the administration of justice, therefore the interest of researchers in the problem has never decreased. Abuse of the right can exist in various forms, and disclosure of the legal nature of the concept is necessary to recognize a complex phenomenon that is socially harmful and dangerous for legal regulation. To reveal the concept, it is advisable to use the dialectical method, comparative legal, historical-legal and teleological approaches. The inadmissibility of abuse of the right as a general legal principle, which is enshrined in the Constitution of Russian Federation, determines the need to refer mostly to general theoretical research.

Annotation: According to the author, today, both the institute of “confession” and “confession of guilt” in the commission of a crime cannot fully ensure the interests of the accused (suspected), defendants. It is proposed to make legislative adjustments: in Art. 15 of the Criminal Code of the Russian Federation, where to indicate the term of punishment, depending on the nature and degree of public danger of the act, which cannot be exceeded in the event of a “confession”. In clause “i” part 1 of article 61 of the Criminal Code of the Russian Federation, after the words “obtained as a result of a crime”, add: “affects the appointment of a sentence in accordance with Art. 15 of the Criminal Code of the Russian Federation”. Based on the definition of evidence specified in Part 1 of Article 74 of the Criminal Procedure Code of the Russian Federation, to consider “a confession” not only as a reason to initiate a criminal case, but also information subject to proving in a criminal case. Part 2 of Art. 74 of the Code of Criminal Procedure of the Russian Federation, as evidence, add – “a confession, after the initiation of a criminal case”. The essence of the “confession of guilt” must be reflected in Part 1 of Art. 314 of the Code of Criminal Procedure of the Russian Federation, after the words “declare their agreement with the charges brought against him and”, add the phrase “confession of guilt”.

Annotation: The article considers the application as a unique means of protection, one of the guarantees for the realization of the rights of persons involved in criminal proceedings. The main features inherent in the procedural petition are summarized. The purpose and objectives of the procedural petition is disclosed, a list of persons, participants in the legal proceedings authorized for applications of the procedural petition is indicated. The relevance and importance from the point of view of law and investigative ethics indicates the application of the norms of criminal procedure legislation governing the activities and behavior of the investigator related to the procedure for considering and resolving an application. Attention is drawn to the wording “permission to petition”, from which it follows that permission implies certain actions of the investigator to establish facts and circumstances that contribute to the adoption of one of the decisions, namely: to satisfy the petition; or full or partial refusal to satisfy the application. It analyzes the typical errors and violations associated with the activities of law enforcement officials to consider and resolve applications. Based on this, recommendations are made on the preparation of the application.

Annotation: The article examines the problems of criminal procedural evidence and the requirements for evidence, namely: relevance, reliability, admissibility and sufficiency. The analysis of the problem of criminal procedural legislation in terms of the norms governing the use of the results of operational-search activities in the criminal process is carried out. The problematic issue of the assessment of indirect evidence is touched upon. It is pointed out that, given the relevance, reliability, admissibility and sufficiency of information obtained in the course of operationalsearch activities, they can become evidence in a criminal case. It is shown that the data obtained in the course of various operational-search measures may contain information directly relevant to a certain criminal case, as well as contain information included in the subject of proof. The requirements for the information contained in the materials of the operational accounting files are generalized, in which there should be indications of the operational-search measure, during which information and data were obtained, allowing to verify this information.