Sofiychuk Natalya Viktorovna Biography

They determined the structure and content of this dissertation research, made it possible to formulate the following conclusions, sentences and recommendations. The analysis of the growth trends and the spheres of the spread of foreign crime, illegal migration, organized crime among foreign citizens, “criminal specialization” indicate a stable growth of their quantitative and qualitative indicators.

The pace of illegal migration entailed a high level of latency of such crimes in connection with selective registration. G with the collapse of the USSR has qualitatively changed the social portrait of a modern foreign criminal, and the international cooperation of criminals has been updated, especially within the CIS. The above factors, in our opinion, mediate the allocation of features in the investigation of crimes with the participation of foreign citizens, in general, and in the production of investigative actions with their participation, in particular.

Being constituting social reality, they participate in the formation of information about the personality of a foreign citizen as a participant in criminal procedure relations. Despite the diverse opinions of scientists regarding the appropriateness of studying the characteristics of the production of investigative actions with the participation of foreign citizens, the analysis of the current legislation on this issue and law enforcement practice made it possible to conclude that there are and require a thorough study.

The appeal to the personality of a foreign citizen is due to the emergence of a certain system of criminal procedure relations at the stage of a preliminary investigation of a crime with their participation, specially not prescribed in a separate legal act, or in a separate chapter of the Code of Criminal Procedure of the Russian Federation, but determining the specifics of relations through a special subject composition of the participants and the possibility of the implementation of their rights and duties, a procedural significance, through personality as a trace-forming object.

And a means of disclosing a crime forensic value. It is noted that some deviations from general rules lead to the construction of specifics in criminal proceedings. In this case, there is a tendency to complicate the procedural form of production of investigative actions, which is associated with the establishment of additional guarantees of the rights of the personality of the accused or the victim of a foreign citizen.

Practice shows that foreign citizens, being in Russia and entering into criminal procedure relations on its territory, can perform different procedural functions, participate as a victim and a witness, a suspect, accused, etc. But regardless of the procedural role of their participation, preliminary investigation and production of investigative actions, in particular, acquire characteristic features a criminal procedure, international, forensic nature: firstly, the presence of additional participants in the conduct of the investigation translator, a representative of the Foreign Ministry, Interpol, law enforcement agencies of a foreign state.

Secondly, interaction; relevant law enforcement agencies of different states provides for various types of provision; legal assistance. Thirdly, the process of conducting investigative actions with the participation: a foreign person- admits the application of both national legislation and foreign legislation in cases strictly provided for by law; Fourth, an opportunity!

Sixth, Code of Criminal Procedure of the Russian Federation, additional conditions for the collection and use of evidence do you need to obtain consent? In practice, difficulties cause situations when there is no consent of persons; endowed with diplomatic? The current Code of Criminal Procedure of the Russian Federation only partly resolves issues related to the procedure for the production of investigative actions with the participation of foreign persons, and: has a number of gaps in disclosing the concept and possibilities of the immunity of foreign citizens from the criminal jurisdiction of the Russian Federation.

The modern scientific concept of diplomatic immunities in criminal proceedings is expressed in the establishment of exemptions from the general proceedings, which creates favorable conditions for the implementation of diplomatic functions. At the same time, the nature and volumes of specific advantages for the specified category of persons are different and require correction.

In this regard, in case of a refusal of a person with diplomatic immunity, to participate in the production of procedural actions and if it is impossible to investigate the crime differently, it is advisable to differentiate immunities that foreign citizens can be endowed. To provide for the distinction between absolute and relative immunities from the jurisdiction of the Russian Federation indicating specific entities from which it is possible to obtain such consent from a foreign citizen, his legal representative, representative of state authorities of a foreign state whose subjects are a foreign citizen.We offer attention a comparative table characterizing the identity of foreign citizens of Central Asia and the Caucasus, Transcaucasia on the basis of the studied works in the field of ethnic psychology, which follows the causal relationship between historical, political, traditional conditions of education, human life and the nature of the actions performed by him, including criminal ones.

In addition, the analysis of a number of omissions allowed by law enforcement officials corresponding to statistical data reveal the prospects of the opportunities provided by the Code of Criminal Procedure, for some reason not used by investigators. Thus, there are practically no materials for the study of the personality of the criminal who has been the victim in the criminal cases we have studied.

Investigators are very sparingly related to the study of the personality of the criminal: the interrogations protocols contain scarce questionnaires, requests are carried out only for the presence of a criminal record, or there are generally absent, the characteristics attached to the case file are limited to general information. Not in the case of participation in the production of investigative actions with a foreign citizen, a psychologist was involved.

Speaking about the forensic meaning of the help of a psychologist for the investigator, of course, is an assessment by the investigator of the reaction of a foreign citizen to the questions he asked, his emotional state, and the ability to influence this emotional state, change it, adjust it. In addition, the opportunity to form questions to the investigator in such a way as to extract useful information, to build a tactical program of the investigative action, adapted to the dominant features of the personality of its participant, to increase the efficiency of the production of a particular investigative action.

Since the current Code of Criminal Procedure provides the opportunity to attract both a specialist-psychologist and expert, for law enforcement officials, the introduction of an expert psychologist, the interrogation of a specialist-psychologist, an expert psychologist in the light of the above aspects would be of great importance. B9 reaction is an act of individual personality behavior.

It should be noted: becomes more and more relevant to a comprehensive study of local issues? In this regard, the accumulated experience of building relations with foreign citizens in the regions of the Irkutsk region and the Republic of Buryatia is considered. Since the state of affairs in the law enforcement agencies of certain regions of the country has significantly influenced and affects the state of society as a whole.

The historical stages of law enforcement agencies preceding the modern period in the context of the investigation of crimes with participation? Similar wishes have been expressed by specialists since the beginning of the XIX century. Peculiarities; Attraction: a foreigner: as a source of information requires knowledge of language, national traditions and customs, legislation of foreign states.

The studies made it possible to conclude that the process of involvement: faces as a translator from the languages ​​of the countries of the neighboring abroad: it is qualitatively different. Found translators can not always fulfill this function, or do not always agree to cooperate with law enforcement agencies for the payment of their services provided for by law.

Different solutions to the problem are considered. In addition, the experience of practical work of law enforcement officers revealed new possibilities for using the translator’s knowledge in the investigation of crimes - the testimony of the translator, which is drawn up by the protocol of the interrogation of the witness. However, the procedural design of the translator’s testimony through the protocol of interrogation of the witness, often used in practice, is unacceptable, primarily because the Code of Criminal Procedure of the Russian Federation attributes the translator in the classification of criminal proceedings to other participants in criminal proceedings along with a witness, expert, specialist and understood, and excludes the possibility of the witness as a translator.

We offer to look at the translator, as a person with special knowledge of the language of a foreign state or the skills of a gap, a specialist in the field of linguistics. If you follow this statement, then the testimony of the translator could be issued by the protocol of the interrogation of a specialist about circumstances requiring special knowledge, as well as clarification of his opinion of Art.

When studying the materials of criminal cases, some violations were identified in the procedural design of the participation of the translator and the protocols of the production of investigative actions with the participation of a foreign citizen and translator. Practical workers in this regard have the question of the need to re -find out a foreign citizen's need for a translator.

Investigators and scientists are different about this.It seems that a re -clarification of the desire to explain in the native language will be superfluous, since it is impossible to identify the help of a translator with the help of a lawyer, because this cannot affect the degree of ownership of the Russian language, but to create additional difficulties for the production of the investigator for the investigator.

So, when changing the procedural status of a foreign person, he really may need the help of a lawyer, and the translator in the process is necessary if at the initial stage such a need appears or later the investigator finds out that the person does not speak the language enough for full communication and participation in the investigation process.

Based on the results, a decision will be made to involve the translator to participate in the case, or on the abandonment of his services. We propose to supplement the part of the part in the part of the application of the norms of national legislation regulating international cooperation with the competent authorities of foreign countries at the stage of preliminary investigation, in particular, when fulfilling instructions by foreign states.

Two directions of interaction are considered within the framework of international treaties and international organizations and two methods of interaction at the stage of preliminary investigation of crimes with the participation of foreign citizens the main and simplified procedure for constituent entities of the Russian Federation with border countries. In this regard, we consider it advisable to intensify the work on simplifying the procedure for the relations of law enforcement agencies of foreign states.

They are most effective because they have the greatest detail and dynamism. Reflecting the interests of the parties, taking into account the economic and political development of the regions, will allow practical workers to more quickly carry out the production of the necessary procedural actions. In the development of the simplified procedure for the relationship of foreign states on the provision of legal assistance, it is advisable to determine one body through which requests to foreign states will be sent to the legislative level.

We consider it irrational formulated requirements for the procedural procedure for sending requests in Part. In this situation, the priority problem should be the efficiency, with which the request will be received by the relevant law enforcement agencies of a foreign state, which is extremely complicated by the currently differentiated approach to determining the procedural procedure for the request of the Russian Federation, preceding its direct transfer to competent bodies of the requested state.

It seems that at present the current international legal basis for the interaction of foreign states in the light of legal assistance is rich in the quantitative content of regulatory acts, but it is not able to ensure a uniform practice of the production of requests for criminal cases and obtaining evidence abroad. An analysis of the possibilities of existing legal acts on international cooperation shows virtually two different forms of providing legal mutual assistance in criminal cases and ways to implement it: the exchange of information on the investigated crimes and directly mutual assistance in criminal cases in the form of individual investigative actions.

However, they are not clearly defined in the legislation, and practice requires a clear differentiation of these concepts. Interviewing law enforcement officials in the Irkutsk region and the Republic of Buryatia confirm the fact of frequent use of communication channels through Interpol, due to its more operational nature. Thus, we come to the conclusion that the current legislation regarding international interaction at the stage of preliminary investigation is not harmonious and does not contribute to the rapid and effective investigation of crimes, which means that it does not fully meet the appointment of criminal proceedings.

An appeal to the need to use the concept of “forensic characteristics of investigative actions” in the scientific circulation in relation to the investigation of certain types of crimes, on the example of those where foreign citizens appear as participants, is justified below the formulated moments. In addition to the efficiency of the production of investigative actions, this will help to reveal the special characteristics of investigative practice in order to increase the efficiency, effectiveness of investigative actions.

Currently, there is a tendency to investigate tactical features within the framework of the methodology of investigating certain types of crimes classified by the object of encroachments. The presence of numerous and fragmented tactical techniques and methods puts in the difficult position of investigators, when they use specific tactical techniques intuitively.An analysis of law enforcement practice also indicates the monotonous application of tactical techniques both in relation to Russian citizens and in relation to foreigners, about ignoring the achievements of modern psychology.

In cases with the participation of foreign citizens, it is required to perform a large amount of work. Each investigator has the right to perform any investigative action one, however, this is practically not always possible: the problem of collecting information about the personality of a foreign criminal, which is accompanied by a launched public work on working with the public of acquaintances and close foreign citizens, officials of foreign countries, with specialists, etc.

is specific. In this regard, the issue of operational-search support of investigative actions performed in cases involving foreign citizens is relevant. Due to the expanded subjective composition of the investigative action of translators, observers, security, specialists in the use of technical means and technology, etc. It is assumed: the specialization of employees of such a unit will contribute to the cultivation of the necessary skills and tactical features of the production of investigative actions, the organization of the order in the field of cooperation with the migration committee, the state customs committee, law enforcement agencies of other states and other states and other states.

t. Thus will create real opportunities for productive joint activities, especially if you take into account the situation of the intensive influx of the population from the countries of the former republics of the USSR to Russia, which entails a significant increase in the load on law enforcement officials. To create a special state of translators at the Internal Affairs Directorate, this proposal is considered not only by scientists of forensic scientists, but also is reflected in departmental normative acts, for example, in the order of the Ministry of Internal Affairs of the Russian Federation: “serious shortcomings in organizing crime are the absence of translators from foreign languages ​​in the internal affairs bodies of the Russian Federation”, it is possible economically and justified the creation of translators in the structure of the Ministry of Internal Affairs, only at the level of the subjects of the Russian Federation.

However, in the framework of the issue we are studying, this is unlikely to solve the existing problem in the root due to the non -proliferation of languages ​​of the neighboring countries in the Russian Federation. In this case, the use of Foreign Ministry capabilities is more advisable, in our opinion, but in terms of issues of operational hops, S. For the investigator1, a larger number is required?

Determining the purpose of the investigative action with the participation of a foreign citizen: search for an object orienting information, verification of versions, receipt of previously unknown? In the absence: direct information exchange between the investigator and the foreigner, especially if any? We consider it necessary to expand in law enforcement activities the use of video and audio-recording of investigative actions with the participation of foreign citizens, which will solve a number of legal issues for practical workers.

The video recording reflects not only the content of the indications that is happening, but also the features of speech, intonation, terminology, also carries a psychological stress from the standpoint of investigative tactics, which can affect the criminal of a foreigner as a restraining factor of attempts to abandon previously true indications. The video used during the investigative action is also orienting, transfers the state of the source of information at the time of its transmission and the surrounding situation, and when demonstrating it, it is possible to study in detail the progress of the investigative action in the mode of the stop frame.

To date, investigative units have insufficient technical equipment, which leads to a decrease in the effectiveness of the investigation of criminal cases. All existing computers are not united into the network and do not even have access to legal reference and information systems, this entails a low level of efficiency of the investigator. Overcoming the difficulties of socio-psychological origin is the basis for the establishment, maintenance and management of contact with the interrogated person of a foreign state, which characterizes the tactical features of the production of investigative actions with their participation along with tactical-forensic techniques that ensure the success of interrogation as a whole, namely: the assumption of legends, the details of the bridges, the burning of the bridges, the suppression of the false, psychological injection, psychological injection, psychological injection, and psychological injection, psychological injection, and psychological injection, psychological injection, and psychological injection, and psychological injection.

Compromising friends, repeated interrogation, etc. Despite the fact that all of the above provisions are united in some community in relation to the object of study, in general, they make up the “mosaic” picture of the paradigm of the investigative action with the participation of a foreign citizen. List of Literature of the dissertation research Candidate of Legal Sciences Sofiychuk, Natalya Viktorovna, year 1.

Normative acts and official documents 2. Universal Declaration of Human Rights G. Convention on the Protection of Human Rights and Fundamental Freedoms of the city of the European Convention on the issuance of G.The European Convention on mutual legal assistance in criminal cases. Strasbourg, April 20, the International Pact on Civil and Political Rights. Convention on legal assistance and legal relations in civil, family and criminal cases of January 22