IKBFU's Vestnik. Series: Humanities and social science

2025 Issue №3

Performing verification actions before initiating a criminal case: theory and practice

Abstract

The investigation of any violation of the law begins with certain actions of law enforce­ment authorities, which must comply with the purposes of criminal proceedings (Article 6 of the Criminal Procedure Code of the Russian Federation). At the stage of initiating a criminal case, such verification actions are divided into operational-search measures, other procedural actions, and investigative actions. In the theory and practice of criminal procedure, a number of issues remain regarding the system of verification actions, the criteria for their implementa­tion, the protection of the rights of the persons involved, the possibility at this stage of con­ducting questioning as an operational-search measure, and search and seizure as investigative actions. The philosophical foundation is dialectical materialism, which presupposes the study of all phenomena in their totality and systemic interconnection. The study employs methods of synthesis and analysis, induction and deduction, as well as special methods of research in the field of legal science. The main problems concerning verification actions are examined, including the determination of their legal nature, the clarification of whether the list of verifi­cation actions in the criminal procedure law is exhaustive, and the establishment of their evi­dentiary significance. The positions of scholars on these issues are analyzed, and proposals are made for improving criminal procedure legislation.

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Criminological study of the prevalence of pornographic content in social networks and messengers (based on an online user survey)

Abstract

The problem of the prevalence of pornography in social networks and messengers is acute, since their most active users, who spend most of their free time online, are young peo­ple, including minors. Pornographic content poses a serious threat to their moral develop­ment. The article presents the results of a criminological study devoted to examining the spread of pornographic content in social networks and messengers. The study was conducted through an anonymous online survey of users. The data analyzed include the frequency of users’ exposure to pornographic content, the methods of its distribution, age and gender char­acteristics of consumption, as well as respondents’ attitudes toward this phenomenon. In ad­dition, other general scientific and specific scientific methods are employed. The main risks associated with the spread of pornography in social networks and messengers are identified, and measures for their minimization are proposed. The author suggests special criminological measures to combat pornographic content in social networks and messengers, including strengthening content control, developing and implementing content filters, conducting in­formational campaigns, improving legislative regulation in the field of illegal pornography circulation, and creating effective prevention programs.

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An investigative action as a set of procedural measures and an element of the system in the structure of the institution of evidence

Abstract

The Criminal Procedure Law provides an exhaustive list of investigative actions and de­fines the procedure and specific features of each of them. At the same time, in law enforcement practice, difficulties often arise, leading either to the recognition of evidence as inadmissible or to the violation of the rights of participants in criminal proceedings. In some cases, practice goes beyond theoretical explanations and constructions, forming certain patterns of actions by investigators and inquirers, as well as approaches of courts to the consideration and resolu­tion of relevant complaints, which do not always comply with the requirements of the law. These contradictions determine the relevance of the topic under discussion and demonstrate the need to search for new perspectives that allow a somewhat different consideration of inves­tigative actions as a legal phenomenon, which determined the aim of this article. To achieve this aim, along with general scientific methods (logical, comparative analysis, synthesis), spe­cific legal methods (interpretation of legal norms and formal-legal analysis) were also applied. The empirical method formed the basis for addressing law enforcement practice. This made it possible to determine the place of the system of investigative actions within the structure of the institution of evidence. Taking into account the complexity of conducting investigative actions and the wide range of activities they encompass, it was possible to resolve the issue of their correspondence to the general characteristics of forensic examination, the operational part of which is carried out by a person possessing special knowledge, as well as to identify a group of structurally similar actions. As a conclusion, a structural-systemic approach to de­fining investigative actions through the definition of their system is proposed.

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