Articles

The article analyzes the contribution of scientists from the Department of Criminalistics of the Faculty of Law of Lomonosov Moscow State University to the creation and development of the information and cognitive concept of criminology. The emergence of this concept was due to both the need for criminology to create common theoretical and methodological provisions that would allow them to be used to analyses the available empirical material, and the need to distinguish the fields of research between criminology and criminal procedure. At the same time, the use of an information-cognitive approach to the analysis of the subject and object of criminology would be impossible without the creative use of methods and tools of computer science and cybernetics by scientists of the department. The author examines the evolution of the views of the authors of this concept, analyzes its conceptual framework. There are positive aspects of this concept as identification of common patterns in various types of forensic activities based on the analysis of information processes taking place in them; understanding of criminal and criminalistics activities as complex information systems; creation of unified theoretical and methodological foundations for the study of criminalistically significant information about criminal activities; development of information proving technologies. The conclusion of the article is the possibility of using a number of ideas of the information and cognitive concept of criminology in modern conditions.

The article examines the emergence and formation of the first private forensic theory, the theory of forensic identification. It is indicated that the term "identification" was introduced into criminalistic usage by the famous French criminologist A. Bertillon. The article highlights the special role of S.M. Potapov, a graduate of Moscow Imperial University (1896), in the formation of this theory, who laid its scientific foundations as a private forensic theory, defined the forms of identification, classified identification objects, and outlined the basics of identification research methodology. The article considers a significant contribution to certain provisions of the theory of criminalistic identification by B.I. Shevchenko and V.Ya. Koldin, who were engaged in scientific and pedagogical activities at the Department of Criminology at Moscow State University. B.I. Shevchenko is the author of the classification of traces in tracology based on the mechanism of trace formation, which we are currently using. V.Ya. Koldin improved the scientific apparatus of identification theory, developed a methodology He created an algorithm and structure for the interaction of subjects of search and identification activities in proving

The article at an interdisciplinary level deals with the issues of monozygotic twins individualization using forensic DNA identification methods. The problematic area is that STR analysis, which is the basis of expert methods and the creation of genetic databases, produces identical DNA profiles with samples of monozygotic twins. From the perspective of an integrating specialist the legal, statistical and molecular-genetic aspects of the problem are discussed. The consequences of this limitation for the investigation of crimes and legal proceedings in criminal and civil proceedings are demonstrated using examples from practice. It is shown that, given comparable factual circumstances, the court decisions may differ significantly. Data on the frequency of natural birth of monozygotic twins are presented, and a noticeable increase in the frequency of births of monozygotic twins is noted in connection with the use of medical reproductive technologies. It has been substantiated that, despite the initial genetic identity, the accumulation of spontaneous mutations, variability of epigenetic markers, as well as other factors lead to the emergence of differences in monozygotic twins detected by modern technologies. The types of such differences, their molecular mechanisms and prospects for application in criminalistics and forensic medicine for establishing identity and family links are considered. The problems and prospects for further development of identification of monozygotic twins issues are discussed.

This article is devoted to one of the urgent tasks of theoretical development of modern forensic science, which has a clearly expressed applied significance — ensuring judicial investigation in civil proceedings. Based on the interdisciplinary status of forensic science as a science that develops not only a special methodology for the investigation and prevention of crimes, judicial investigation, but also forensic support for judicial activity in other types of legal proceedings, we are faced with the need to create private teachings and theories in its development. At the same time, forensic support is needed for the means (sources) of evidence that are admitted as such by the legislator in civil and arbitration proceedings. From the understanding of proof as a cognitive and practical activity consisting of obtaining (collecting, securing), examining and evaluating evidence, it follows that the use of forensic capabilities should relate to those admissible in the process: written evidence, material evidence, explanations of the parties and other participants in the process, testimony of witnesses, audio and video recordings, expert opinions and testimony, consultations and testimony of specialists. It should also cover general methodological principles taking into account the stage-by-stage nature of legal proceedings, the distribution of the burden of proof, its adversarial nature and other features of civil and arbitration processes.

The article proves the expediency and urgent need to use the tools, techniques and methods developed in the science of criminology in other areas of legal and other law enforcement activities other than criminal procedure. There is a tendency to expand the fields of application of forensic knowledge, as well as to increase the objects of attention of modern criminology without changing traditional ideas about the objects and subject of this science. The possibilities of criminalistics in solving problems arising in specific situations (conditions) of using criminalistic knowledge in ensuring civil (civil, arbitration) proceedings, administrative proceedings and customs proceedings are shown. At the same time, it is shown that forensic (expert) methods and technologies of identification (fingerprinting, habitoscopy, DNA identification, etc.), as well as technologies for detecting counterfeiting of banknotes and securities remain unchanged in the listed forms of procedural activity. Without any modifications, they can be used in criminal, civil, administrative proceedings; operational search, customs, banking or management activities, as well as in the field of forensic support and business protection (entrepreneurial activity). Attention is drawn to the fact that in order to master all the competencies listed in the educational standards of higher legal education, teaching forensic (professional) thinking at all levels of legal training should become a core task of criminology, which will be solved based on the use of methods of logic, psychology and other sciences, using game theory, reflexive management, factual analysis, information modeling, etc.

The article analyses the formation, current state and future development of the fourth and final part of criminalistics, namely the methodology of criminal investigation. The relevance of the research is determined by changes in the structure of crime, the reform of law enforcement agencies, the increasing complexity of legal regulation and the growing impact of high technologies. The purpose of the study is to identify directions for improving the general and special parts of the criminal investigation methodology. Based on a historical and legal analysis, the article clarifies the content and correlation of the notions of "methods" and "methodology" of investigation and substantiates the recognition of the investigation methodology as an independent section of criminalistics. It demonstrates the need to include in the general part of the methodology issues of organizing the investigation of complex multi-episode and transnational crimes, as well as the further development of the theory of the criminalistic characterization of crimes and the criminalistic theory of the attribute. Special attention is paid to the role of crime attributes and to the prospects for using big data and artificial intelligence technologies to develop digital and predictive criminalistic characterizations, including for offences with limited empirical practice. The article also substantiates the inclusion of trial tactics and crime prevention in the investigation methodology and proposes the following sequence of stages of criminalistic activity: detection, disclosure, investigation, judicial examination, prevention of crimes

The article presents a theoretical and methodological model for establishing cause-and-effect relationships in the system of elements of the crime mechanism. The content of forensic causal analysis as an integral method of investigation is disclosed, encompassing the dialectical method of cognition and special forensic methods — the method of causal sequence, the hypothesis-based method, spatial-temporal analysis, as well as forensic modelling and experiment. The distinction between the concepts of "cause" and "condition" as applied to crime investigation is substantiated. Particular attention is paid to the reconstruction of causal chains on the basis of material traces, the analysis of the offender's actions in the unity of their internal and external aspects, and the methods for addressing situations of causal multiplicity. The significance of establishing cause-and-effect relationships for proving a person's involvement in the commission of a crime and restoring an objective picture of the event is demonstrated. The practical and theoretical importance of the proposed approach is substantiated, as well as the prospects for its development through the integration of modern technologies, including artificial intelligence.

In forensic publications there are still controversial and not fully resolved issues related to the understanding of important essential problems of criminalistics, tactics, its essence, content and further development. The understanding of criminalistic tactics only as a system of recommendations on the most appropriate, rational methods of investigative actions and the process of investigation is controversial. Such an opinion does not correspond to the essence of criminalistics as a science based on the research of regularities of criminal activity. Tactical provisions have been developed, should be used and are actually used in practice, which are obligatory to follow them in the process of investigation. The rules include: the need at the very initial stage of the investigation to find out the alibi of the suspect/accused, to ensure a parallel verification of all versions, to inspect the scene of accident in cases of murder, rape, other violent crimes, theft necessarily in the absence of the suspect, accused even in cases of his confession. At the present stage, the traditional understanding of the leading question has changed. The concept of "conditionally leading question" is proposed — it is such a question, which together with the accompanying information may at first seem and be perceived as a leading question. To determine its essence, it is necessary to ask other related questions, analyze the available factual information, take into account the evidence that may be obtained later. The article sets forth other provisions. The following pattern is formulated: "sexual rapists, sexual maniacs, serial killers often have an irresistible urge to commit a subsequent or several subsequent crimes in the same place or near the place where one of the last or previous crimes was committed"

An analysis of recent scientific research indicates that authors have recently begun to neglect the language of forensic science, which has evolved over its existence as a field and a science. This trend negatively and significantly impacts the clarity of the presentation of forensic data obtained during research and undermines such an important element of the general theory of forensic science as its language, which, among other elements, is known to shape forensic science as a science. This tendency is particularly evident in the processes of formulating "new" definitions of forensic concepts and "refining" existing ones. Authors of these works neglect, or most likely are unaware of, the recommendations of classical theoretical sources addressing the methodology of conceptual development in science, which is detrimental to forensic science as a science. This important problem is outlined in this article