Makhtaev M.Sh.

The issue of obtaining information based on the use of special expertise through the implementation of a specialist function according to Part 1, Rule 58 of the Criminal Procedure Code of the Russian Federation (clarification of the issues within his professional competence and obtaining the opinion of the specialist) is considered in this article. The technology of the clarification of procedure issues included into the specialist's professional competence, as well as the preparation and conduct of the research done by the specialist is developed and explained to the participants of the proceeding.

The article reveals the concept of “counteraction to the investigation of crimes”, justifies the conclusion that counteraction to the investigation of crimes by lawyers (defenders) cannot be legal contrary to the opinion of a number of well-known criminalists who believe that such counteraction can be legal.

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.