Based on the analysis of the operational situation in the Kemerovo region, the article formulates recommendations on the content of organizational and managerial measures aimed at ensuring the detection and documentation of crimes in the field of illegal coal mining. Considering the operational situation, the crimes in the field of illegal coal mining committed on the territory of Kuzbass were characterized. A description of the organizational structure and effectiveness of activities directed to fighting against crimes in the field of illegal coal mining realized by operational units of economic safety and anti-corruption of the Chief Administration of the Ministry of Internal Affairs of Russia in the Kemerovo region was made. The proposed organizational and management measures include: measures aimed at changing the organizational structure of the operational units of economic security and anti-corruption of the Chief Administration of the Ministry of Internal Affairs of Russia in the Kemerovo region. Measures to increase the efficiency of operational services for coal mining enterprises and territories in which illegal coal mining are considered as well. The recommendations for changing the organizational structure are based on the choice of the type of operational service. Measures aimed at improving the efficiency of operational services contain such recommendations as: the organization of interaction with various state and law enforcement agencies; the choice and change of the operational service regime, as well as the formation of open sources of operational search information.
In the article, from the standpoint of a systematic approach, the forensic characterization of safety rules criminal violations during mining operations is analyzed. That is the basic element which determines the content and algorithm of uncovering of crimes, the investigation and trial of a criminal case. The subject (the identity of offender) is its central, basic element. It is noted that the element of subject (the identity of offender) is the most informative when investigating criminal violations of safety rules during mining operations. It is based on his study in the unity and interrelation of the following aspects: official position, social and psychological properties and personality traits and victimization behavior of the criminal offence victims and third parties. The situation of a crime (the second element of forensic characterization) is structured according to the circumstances that characterize pre-, criminal, and post-criminal state of outward things; three interrelated and interdependent are pointed out. The complex combination of the levels and edges of each selected elements of a cognizable object, due to the specifics of the crime in question, also determines the peculiarities of investigative actions and search activities at the initial stage of the investigation of safety rules criminal violations during mining operations. The article proposes recommendations to overcome the objective difficulties encountered in the investigation of criminal violations of safety rules during mining operations.
The article examines the features of tactics for inspecting the scene of the incident when investigating criminal violations of safety rules during mining. When observing the preparatory stage, special attention in the inspection of the scene is paid to the membership. In particular, we believe that when investigating criminal violations of safety rules in the conduct of mining operations, it is inappropriate to involve attesting witnesses in the inspection. At the same time, it is advisable to expand the circle of specialists involved in the inspection of the accident site (electricians, mine surveyors, etc.). A feature of the tactics of the working stage, in our opinion, is the use of an eccentric research method, regardless of the type of accident. At the same time, when directly searching for traces, carriers of information, moving from the center to the periphery, one should be guided, first of all, by the type of man-triggered incident. The final stage consists of the following: a) finalization of the results of the inspection of the scene of the accident (we recommend that forensic experts be involved in this work – if there are corpses, and specialists of technical profiles corresponding to the type of accident; b) putting forward versions about the essence of what happened, its reasons, the perpetrators and determining the direction of the investigation.
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