Journal headings
"Legal sciences"

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.

Annotation: The article considers that the timely and high-quality consideration of complaints received by the prosecution authorities increases its credibility in the eyes of citizens, testifies to the high professionalism of officials working in prosecution authorities. The main methods of receiving appeals to the prosecution authorities communicate. Any appeal received by the prosecution authorities of the Russian Federation is subject to mandatory review, with a reasoned reply on all the reasons for such an appeal. It is reflected that there can be no reason for abandoning the appeal without consideration by the prosecution authorities in the absence of the applicant’s signature or address and, in these cases, the appeal should be considered equally on the merits and within the time established by law, but in the absence of an address, the answer to such the appeal will not actually be sent, but all information on the results of such verification will remain in the supervisory proceedings. The forms and types of appeals are revealed. The typical errors associated with the form and content of the appeal are analyzed. Based on this, recommendations are given on the preparation of an appeal to the prosecution authorities.

Annotation: This scientific paper explains the concepts of corruption, corruption crime, corruption crime. The features of corruption in the penal system are considered, the ways of committing corruption crimes in penitentiary institutions are studied, the definition of which allows us to develop effective measures to prevent this negative phenomenon.