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Theoretical and Practical Aspects of a Situational Approach as an Integrative Criminalistics Technology of Discovering, Analysing, and Eliminating Investigative Errors

100%
Kramarenko V.
Internal Security
|
2012
|
vol. 4(1)
111-124
EN
Various sciences have been employed to disclose and study the process of committing a crime and criminalistics is one of them. A situational approach which is being introduced into criminalistics technique, tactics and methods creates a necessary balance both for even development of all parts of criminalistics and for a complex approach in solving particular tasks. A situational approach appears to be one of the vital, substantially new technological means which science can offer to practice for improving the quality and efficiency of the crime fighting process. The essence of a situational approach consists in analysing a cognizable event or environment from the point of view of the situations constituting it. In a mental model created from the situation all that is unimportant is cut off, and subsequently any new unknown situation can be brought to a typical one which has already got a solution algorithm. And as typical situations are usually followed by typical decisions which lead to errors then erroneous decisions can also be typified. So, the author suggests various criteria for investigative error classification which includes cognitive, criminal procedural, tactical, psychological, organisational, technical and material. A situational approach is considered an investigative criminalistic technology which allows investigative errors to be discovered, to analyse and eliminate them as well as to provide recommendations on avoiding them in investigative activities.
2

Peculiarities of Investigating and Disclosing of the Crimes Committed by Organized Criminal Groups in the Republic of Lithuania

63%
Piltoyan A., Kramarenko V.
Internal Security
|
2010
|
vol. 2(2)
113-118
EN
The article analyzes the aspects of applying a modeling method when investigating the crimes committed by organized criminal groups. It shows the perspectives of theoretical elaboration of this topic. Organized criminal activity is a specific type of crime which has both common and peculiar features comparing to traditional crime. Effectiveness of exposure and investigation of crimes committed by organized criminal groups deeply depends on the level of cooperation between an investigator and officers of the criminal investigation department. The legislation of the Republic of Lithuania provides that if a member of a criminal group or community makes a frank confession and actively assists exposure of a crime committed by the criminal group or community not being the main leader and having not committed a premeditated murder, his criminal liability can be condoned. The article scrutinizes a practical experience in creating a model imitating criminal activity on the basis of the legislation of Lithuanian republic. As a conclusion we would like to mention that the main part of criminal cases on organized criminal activity in the Republic of Lithuania is investigated on the basis of materials of “Imitating model of a criminal deed”. The practice shows significantly frequent use of that model which makes the exposure and investigation of similar crimes much more fast and effective. The use of imitating model of a criminal deed increased the detection of such crimes as corruption, which are complex in investigating and substantiation.
3

Problems of Ensuring Lawful Security in the Russian Federation

63%
Kramarenko V., Primak T.
Internal Security
|
2014
|
vol. 6(1)
193-206
EN
This article focuses on the problems of legal security in the Russian Federation. From the historical and legal perspective,and also from the standpoint of the current processes of globalization, different aspects and the current state of the legal systemand legal security in Russia are explored. The article contains a thorough analysis of political, sociological, public and legal conceptsand other approaches to the study of the problem in the title and in finding options to resolve it. The authors note that in the contextof globalization, Russian traditional features should be reconsidered taking into account the fact that Russia is going to becomean active participant rather than just a passive observer of international integration, and additionally — Russia should retain itsown identity, including its own legal security. Unlike Western culture, which according to some researchers is also experiencinga crisis of legal awareness, in modern Russia the phenomenon defined by this term is actually a legal state of anomie whichis particularly dangerous phenomenon for the construction of the legal security of the Russian Federation. The authors believethat in today’s Russia there are theoretically three alternatives for changing the state of anomie. The first is traditionalism, a returnto the archaic system of values. The second is authoritarianism as an attempt to solve society’s problems by rigid centralizationand the third is the movement along the democratic path based on sequential construction of the system of political pluralism,the rule of law and economic development.
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