The criminal acts encroaching on credit funds of banks are widespread in all regions of the Russian Federation. They threat the banking industry in the economy which is the main constituent of the country’s financial system. Currently, investigative authorities face difficulties in starting criminal proceedings against persons committing such crimes. This article focuses on devising an algorithm for criminal proceedings in this sphere for complicated cases and to ensure effective criminal prosecution actions and harm compensation at the pre-trial phase of criminal proceedings.
The article examines the problem of determining the essence of the concept of "crime detection" in Russian law. For this purpose, the method of literature review was used and during the study the authors analyzed the normative legal acts of the Russian Federation, such as: the constitution of the Russian Federation, the Criminal Code of the Federation, the Code of Criminal Procedure and the Federal Law "on Operational Search Activity", the Federal Law "on police forces”, interdepartmental and departmental normative legal acts of the Ministry of Internal Affairs of Russia, among others, to determine the precise moment of detection of the crime phenomenon. Moreover, the article proposes to clarify the definition of the term “crime detection”. It is concluded that it is advisable to distinguish the concepts of "crime detection" and other related concepts in practice and theory to avoid confusion.
Nowadays, in most states of the world, including the Russian Federation, intelligence-gathering is being carried out, affecting fundamental private interests. The problem is acute, since at the present stage of development, changes are taking place in society due to the introduction of information and communication technologies. In the context of the development of these technologies, the problem of observance of human rights is becoming more acute. To solve this issue, a new look at the theoretical and legal foundations of intelligence-gathering is needed, the search for new ways to achieve proportionality and maintain a balance of interests while ensuring it. All of the above testifies to the need and relevance of a comprehensive theoretical and legal study of the foundations of limiting the fundamental rights and freedoms of a person and a citizen during intelligencegathering. Such an analysis will make it possible to start work on the harmonization of the legislation of the Russian Federation in this area and the allowable restrictions on the constitutional rights and freedoms of man and citizen, adequate to the existing threats to the security of the Russian Federation, its significant institutions, society and citizens.
The paper is focused on the problem of IT-crime development in Russia against the background of a significant increase in its indicators. Analysis of the current state of IT crime, identification of its causes and growth factors, problems of countering this type of crime. The study was carried out using general scientific methods (analysis and synthesis, observation, logical method, content analysis of the media), private scientific methods: questioning and survey, as well as the method of criminal statistics. The study made it possible to identify the features of the restructuring of modern crime and its factors; correlate the problem of the development of IT crime, including with the shortcomings of the functioning of the penal system revealed in the media; analyze and substantiate the proposed methods of combating IT crime. Substantiated a group of factors that currently have a significant impact on the development of IT crime; the revealed problem of the development of IT-criminality in places of deprivation of liberty is analyzed: the reasons and methods of counteraction. The conclusion is made about the inexpediency of methods of technical intervention in universal access to communication services in local territorial areas that require significant budgetary investments. According to the study, the key role in normalizing the situation in the penitentiary system still belongs to the staff of institutions, and the creation of the most effective ways to stimulate law-abiding behavior.
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