ON THE CONCEPT AND SYSTEM OF INVESTIGATING ACTIONS IN THE WORKS OF PROFESSOR S.A. SHEIFER
- Authors: Sementsov V.A.1
-
Affiliations:
- Kuban State University
- Issue: Vol 20, No 11/2 (2014)
- Pages: 29-38
- Section: Articles
- URL: https://journals.ssau.ru/hpp/article/view/4041
- DOI: https://doi.org/10.18287/2542-0445-2014-20-11/2-29-38
- ID: 4041
Cite item
Full Text
Abstract
The article analyzes the controversial issues about the concept and system of investigating actions. The opinion of professor S.A. Sheifer considering the Institute of investigating actions in a narrow sense, as a kind of procedural actions of informative character, the purpose of production of which is the establishment of factual circumstances of importance for the criminal case is shared. It is proved that procedural detention does not have cognitive properties, and forensics holds a special place in the system of investigating actions. It is suggested to use the polygraph, not only in forensic psychophysiological examination, but also in the production of a new investigating action - check of the readings on the polygraph.
About the authors
V. A. Sementsov
Kuban State University
Author for correspondence.
Email: morenovsv@ssau.ru
ORCID iD: 0000-0002-1825-0097
References
- Shadrin V.S. Introduction in Sheifer S.A. Pre-trial proceedings in Russia: stages of
- development of investigative, judicial and prosecutorial power: monograph. M., Norma, 2013, p. [in Russian]
- Voronin S.E., Meremyanina O.V. Foundations of carrying out investigating actions: textbook.
- Krasnoyarsk, Sibirskii iuridicheskii institut MVD Rossii, 2004, p. [in Russian]
- Sheifer S.A. Investigating actions. System and procedural form. M: Iurlitinform, 2001, 208 p.
- [in Russian]
- Sheifer S.A. Investigating actions. Reasons, procedural order and evidential significance. M.,
- Iurlitinform, 2004, p. [in Russian]
- Sheifer S.A. Essence and ways of collecting evidence in the Soviet criminal process. M:
- VYUZI, 1972, p. [in Russian]
- Sheifer S.A. Role of defence in the formation of the body of evidence in a criminal case.
- Gosudarstvo i pravo [State and law], 2006, no. 7, p. [in Russian]
- See about this: Sementsov V.A. Formation of evidence in the structure of criminal procedure
- of prooving. Aktual’nye problemy sovremennogo ugolovnogo protsessa Rossii: mezhvuz. sb. nach.
- tr. [Topical problems of modern criminal procedure of Russia: interacademic collection of research
- papers]. Professor V.A. Lazareva (ed.). Samara: Samarskii Universitet, 2010, pp. 236–[in Russian]
- Sheifer S.A. Legal regulation of investigating actions in the new Criminal Procedure Code of
- the Russian Federation. Gosudarstvo i pravo [State and law], 2003, no. 2, p. [in Russian]
- Instruction on the order of presentation of the results of investigative activities to the
- interrogating officer, body of inquiry, investigator, public prosecutor or to the court: confirmed by
- the Order dated April 17, 2007, ¹ 368/185/164/481/32/184/97/of the Ministry of Internal
- Affairs of the Russian Federation, Federal Security Service of the Russian Federation, Federal
- Protective Service of the Russian Federation, Federal Customs Service of the Russian Federation,
- Foreign Intelligence Service of the Russian Federation, Federal Penitentiary Service, Federal
- Drug Control Service of the Russian Federation, Ministry of Defense of the Russian Federation.
- Rossiiskaia gazeta, 2007, May [in Russian].
- Article 9 of the Federal Law «On state judicial and expert activity in the Russian Federation»
- dated May 31, 2001, ¹ 73-FZ (with amendments on November 25, Sobranie zakonodatel’stva
- RF [Collected Legislation of the Russian Federation], 2001, no. 23, Article 2291; Sobranie
- zakonodatel’stva RF [Collected Legislation of the Russian Federation], 2013, no. 48, Article [in Russian]
- Sheifer S.A. Evidence and proving in criminal cases: problems of theory and legal regulation.
- M., Norma, 2008, p. [in Russian]
- Article 35.1 of Fundamental principles of Criminal Procedure of the USSR and Union
- Republics. Vedomosti s»ezda narodnykh deputatov SSSR i Verkhovnogo Soveta SSSR [Gazette of
- the Congress of People’s Deputies of the USSR and the Supreme Soviet of the USSR], 1990, no.26,
- Article [in Russian]
- Sheifer S.A. Pre-trial proceedings in Russia: stages of development of investigative, judicial
- and prosecutorial power. M., Norma, 2013, p. [in Russian]
Supplementary files
