Law

Capabilities of Forensic Examination of Traces on Fired Cases in Their Multiple Use (in Terms of Caliber .300 WIN MAG, .338 LM and 5,6х39 Hunter’s Cartridges)

Introduction. Recently in expert practice there registered the instances of using homemade reloaded rifled weapon cartridges. Objects and tasks. To consider the regularities of trace impression formed by reloading facilities on the microrelief of cases. To detect the most stable (specific, characteristic) features reflected on the reloaded cases thus enabling to differentiate between the traces of production mechanisms and arms. Experimental part. Examining the traces formed in the course of a shot and reloading was carried out with hunter’s .300 WIN MAG caliber cartridge cases ejected from .300 WIN MAG caliber Sauer 202 carbine; with.338 LM caliber cartridge cases ejected from .338 LM caliber HS Precission-2000 carbine; with 5.6х39 caliber cartridge cases ejected from 5.6х39 caliber Bars-4 carbine. Discution of results. In terms of the cases examined the analysis of resistance and stability degree of the process of trace impression by the used production reloading mechanisms was conducted. Characteristic features typical of reloaded (repeatedly used) hunter’s cartridge cases for rifled-barrel firing guns were detected.

Marks on Spent Cartridges Cartridge 18х45Т when Shooting from a Firearm Limited Destruction

Introduction. The urgency of the problem of the use of weapons of self-defense lies in its wide distribution, frequent cases of its application, the consequences of which are serious injuries (in some cases fatal), as well as the lack of complete data on the characteristics of various types of weapons of self-defense, necessary forensic experts, in the special scientific literature. Firearm self-defense, namely, long allowed to keep at home for security of their property and their homes. Other weapons of self-defense to the rightful owner is allowed to carry and use. When you use self-defense weapons for protection against attack, does not give the possibility of causing a serious or especially serious harm to health. Practice has shown that a self-defense weapon is used not only as a means of protection, but also as a means of attack. Experimental part. The article presents data of experimental research on the production of a trace pattern on the sleeve Chuck 18х45Т when shooting a firearm limited destruction. For experimental shooting, we used two models of this weapon, namely: «OSA PB-4-1» and « Strazhnik MP-461». The traces are studied visually and using a comparative microscope «LEICA». Discussion of results. As a result of experiments on the sleeve Chuck 18х45Т were found traces of firearms limited destruction «OSA PB 4-1» and «Strazhnik MP-461». This trail can be carried out to determine the model of the weapon and specific instances of weapons. On the body shells of many of the patrons were quite rude traces of the production mechanisms that hindered the identification process. The presence of a larger number of marks on cartridge cases fired in the gun «Strazhnik MP-461», unlike a pistol «OSA PB 4-1», apparently due to the fact that it was developed after the approval of the forensic requirements forensic science center of the MIA of Russia for service and civilian weapons and trace the picture of the gun on the shell casings more consistent with them. Conclusions. In accordance with criminalistic requirements on spent cartridges from the cartridges to the civil weapon has to be a trail suitable to identify weapons. Design and materials the cartridge cases of ammunition for firearms limited destruction provide when shooting the formation and preservation of a trace suitable for weapons identification. Traces of weapons of limited destruction in spent cartridges easily allow you to set group ownership of weapons. The main problems in the identification of weapons of limited destruction at the marks on spent cartridges, associated with rough handling of ammo in the factory, leaving traces of the production mechanisms that block the display of individual signs of weapons. Control shooting weapons of limited destruction, similar to shooting rifled guns, will improve control over the circulation and use of these weapons.

Influence of Inhomogeneities of the Surface of Caps on Variability of Static Firing Pin Traces

Introduction. One of the reasons for the variability of the firing pin traces is the gross inhomogeneity present on the surface of the capsules. The main types of not uniformity characteristic of a cap surface, and also their display in static traces are quickly investigated in this work. Experimental part. The surfaces of capsules of various cartridges of domestic and foreign production, as well as capsules “Zhevello” for hunting cartridges, were examined. The main types of inhomogeneities of the capsule surface are analyzed and classified. During the research it was shown that some roughness of the capsule surface does not smooth out when the striker firing pins and can introduce distortions into the static firing pin traces. Conclusions. The carried out researches have shown that the mismatched strongly pronounced features in pair traces can be explained by the presence of similar inhomogeneities on the surface of the capsule outside of the firing pin trace. This fact should be taken into account when comparing static traces of strikers. The work is of interest to firearm examiner specializing in the identification of weapons.

To the Question of the Legalization of Civilian Handguns in Russia

Introduction. In the article the possibility of introduction to legal turnover of short-barreled civil firearms is considered. Prerequisites and the imminent problems of society are described, the possibility of introduction of short-barreled civil weapon for his use by citizens for self-defense is considered, at the controlled and directed nature of process of legalization from law enforcement agencies and according to the tactical and technical and criminalistic requirements to this type of weapon agreed by them. Theoretical analysis. The purposes and tasks for which solution it is supposed to introduce short-barreled civil firearms into legal turnover are considered. The developed tactical and technical and criminalistic requirements as one of necessary conditions for consideration and coordination of the project on legalization of short-barreled civil weapon of self-defense are offered. Empirical analysis. The ballistic experiments showing criteria of efficiency of this type of weapon for assessment of opportunities his use by citizens for self-defense are made. Kinetic and specific energy of the striking elements is calculated. Results. Introduction of the concept on legalization of short-barreled civil firearms of self-defense in the territory of the Russian Federation the citizen with effective weapon for ensuring necessary self-defense, will allow to solve problems of providing with low probability of causing at its application and influence by a shell on the person of a lethal outcome. The possibilities of ballistic identification of short-barreled smooth-bore weapon for the purpose of establishment by law enforcement agencies of a concrete copy and its owner on criminalistic traces on a bullet and a sleeve are considered.

International Association of Firearms Examiners (AFTE): Review of Published Articles

Introduction. In every kind of professional activities, and especially in the fields based on research, the exchange of information plays an important role. This article reviews publications in the journal and presentations at the conferences of Association of Firearms and Toolmarks Examiners (AFTE). AFTE – general information. Contains information about one of the leading professional associations of firearms examiners, speaks about the structure of the association and its professional activity. Review of recent publications. This part reviews the most important materials which have been published for the past two years. Among them publications discussing the results of the examination of historical cases such as the assassination of President J.F. Kennedy. Articles about scientific justification of methods applied to forensic examination of firearms, cartridge cases and bullets, and gunshot residues. Articles discuss PCAST (US President’s Council of Advisors on Science and Technology) report on Forensic Science in Criminal Courts. Review of articles dedicated to methods of ballistic examination, examination of gunshot residue and restoration of obliterated serial numbers. Review of articles about the development of methods of computer analysis of toolmarks observed on cartridge cases and bullets. Review of articles and presentations on the equipment and computer programs which can b e used by forensic investigators; databases used for determination of the weapon type based on toolmarks on the examined bullets. Conclution. Summarizes the review and describes the scientific work of AFTE.

Problems of Criminalistic Evaluation of the Place of Accidents as Object of Diagnostic Forensically-Ballistic Expert Research

Introduction. When investigating crimes committed with the use of small arms and gas barreled weapons, it is often necessary to carry out expert studies of not only individual objects (weapons, cartridges, traces of their operation), but also the material situation of the scene as a whole. Theoretical analysis. The problem of forensic assessment of the scene of an accident as an object of scientific and practical cognition is examined through analysis of the existing in forensic knowledge of the essence of expert research at the scene and expert studies of the scene of the incident. It is established that the concepts “expert investigations at the scene” and “expert investigations of the scene” are used in a variety of ways. In solving scientific and practical problems, the possibility of their application is determined by the specific situation that develops in the course of the investigation of the crime, the organizational and methodological necessity of providing expert research. Based on the definition of the conformity of the category “material situation of the scene” to the essence of the methodology of cognition of such objects, the relationship between the concepts “scene of the accident” and “material situation of the scene”, it was concluded that in a number of cases the entire set of available information on the scene of the incident, including its material situation, for solving problems of situational order. Empirical analysis. The case of expert practice cited in the work illustrates the advisability of using an expanded list of forensically significant information about the scene of events to establish the event side of the crime under investigation. Results. The possibility of examining as the object of a diagnostic forensic-ballistic expert study not only the material situation of the scene, but also the site of the incident itself, the volume of criminally significant information of which can be expressed by the formula “material situation of the scene +” is proved. The expediency of distinguishing such a group of objects of expert research determines the cases of establishing the event party of the crime being investigated, when for an expert decision of the issue information is needed not only about the material situation of the scene, but also other forensically significant information.

Effective Project Finance System: Principles and Practices

Introduction. Russian economic acceleration, innovative and digital economy establishment and development requires an increase in investment challenged to high technology sectors. Successful achievement of this objective defines finding the investments attraction mechanism. One of them is the project finance, which is a modern investment instrument in high-risk environments. Increasing importance of project finance implies a more detailed exploration of its mechanism, application characters in current Russian conditions. Theoretical analysis. The content, signs and background to use project finance was analyzed. It was shown that project finance is the riskiest investments attraction model, which defines the creation and use of effective risk management system. Project finance advantages and disadvantages for its participants in comparison with the other investments attraction methods were found. Empirical analysis. Valuation, industrial and regional structure of global and Russian project finance markets were submitted, their main development trends were identified. Results. Project finance is a modern effective investments attraction model in high-risk environments. It was considered that its effectiveness largely depends on right purpose, its relationship with development strategy, project realization specificities accounting on various stages of project life cycle, project company activity, development finance institutions, government regulation methods. Main directions of project finance improvement in Russian economy based on development trends of global project finance market were revealed. It was shown that project finance mechanism should be applied for realization of not only investment projects, but innovative as well.

Constitutional Law of Military Servicemen for Housing: Questions of Legal Regulation and Implementation

Introduction. Military personnel belongs to the category of citizens to whom granting premises by the state is guaranteed. Guarantees of the housing rights of the military personnel are caused by their special status.In this article, the author focuses on the special status of servicemen and the realization of their right to housing. Discussion. Special legal status of the military personnel means legislative restriction of some of their rights and freedoms and also granting additional measures of social support. One of the most significant for the serviceman and members of his family of the social and economic rights can call the right for provision of housing.The examines some aspects of the legal regulation of housing rights of servicemen, examines the specifics of the realization of such rights. Within the framework of this article, the main problems of implementation practice in this area are formulated. Conclusion. The article analyzes the constitutional right of citizens to housing, the specifics of its implementation with regard to servicemen, examines some problems and contradictions in the legal regulation in this sphere.

The Restrictions and the Bans Connected with Implementation of Powers of the Judge

Introduction. In article the requirements to judges and also to candidates for the judge’s position provided by the current legislation of the Russian Federation are considered. Similar requirements inherently represent the system of restrictions of constitutional rights of the person and citizen. Theoretical analysis. The analysis of the current legislation allows to draw a conclusion that requirements imposed to the judge represent the bans connected with acquisition of legal status of the judge, and requirements imposed to candidates for the judge’s position – restrictions. Empirical analysis consisting in the analysis law-enforcement and, in particular, jurisprudence has allowed to draw a conclusion that restrictions have to extend not only to candidates for judges, but also to effective judges and also judges in resignation. In other words, not observance of restrictions has to be considered not only as the basis for refusal in appointment to the post, but also as the basis of dismissal of the judge. Results. The conducted research allows to draw a conclusion, on need to enter into the Law on the status of judges the standard terms of restriction and the bans in the legislation on anti-corruption connected with implementation of certain types of public professional activity.

The Concept and the Content of the Constitutional Principle of Equality of Rights and Freedoms of Man and Citizen, Regardless of Attitudes towards Religion

Introduction. The article is devoted to the consideration of the essence of the constitutional principle of equality of rights and freedoms of a person and a citizen regardless of their attitude to religion. Discussion. The author of the article made an attempt to determine the legal nature of the constitutional principle of equality of rights and freedoms of man and citizen, regardless of their attitude to religion, to define. The criterion of discrimination is “attitude to religion”. The interrelation between the principle of equality of human and civil rights and freedoms is established, regardless of the attitude to religion and freedom of religion. The author justified the difference of discrimination on the basis of “attitude to religion” from other forms of discrimination. Conclusion. The definition of the principle of equality of rights and freedoms of man and citizen regardless of the attitude to religion is given. The structure, features of the principle of equality of rights and freedoms of a person and a citizen, regardless of their attitude to religion, are analyzed. The author determines the content of the principle of equality of rights and freedoms of man and citizen, regardless of their attitude to religion.

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