Law

The Concept of Mathematical Model of the Assessment of Uniqueness of Sets of Coinciding Routes in Secondary Traces on the Shot Bullets

Introduction. The model of an assessment of probability of casual combination of sets of routes in secondary traces is considered in article. Development of quantitative criteria of justification of a categorical positive conclusion about criminalistic identity of the compared traces, and also algorithm of formation in the automatic mode of the priority list is the purpose of the conducted research. Theoretical part. Twodimensional images of traces of rifling fields used for the simulation. The formulas for estimating the probability of an accidental match of trails were obtained. Experimental part. Calculations performed on the developed formulas, the dependence of the probability of an event compared to the number of trails should be shown. Conclusion. The theoretical possibility of estimating the probability of a random alignment sets of trails (the degree of matching features unique complexes) and its use in practice is shown in this paper.

Quality Analysis of Background Microparticles Characteristic of the Product Shot

The paper deals with the content of chemical elements in the background, typical for product shots. The propagation problems of those elements and particles in the city environment were investigated. The typical elements and particles only for product shots were defined. Methodology of the study. Samples were taken at different sites and with different terrain surfaces. Samples were collected only in a solid form. Collection sites related to the frequency of finding the people around them and the probability of detection of substances similar shot products. The study was conducted by electron microscopy. Experimental part. Morphology images and chemical elemental composition of collected samples were obtained. It was found possible to detect product shots by: a) the difference in the qualitative composition of chemical elements shot and ambient background; b) in the absence of background particles from a circular shape having a certain size and the elemental composition of the characteristic shot. Discussion of the results. There was a dependence of the content of the background space Sampling. In this regard, the necessity of withdrawal of samples for studies not only the scene, but also environmental accident situation. Appearance and chemical composition of the particles typical for shot products were determined.

Metrological Aspects of Forensic Ballistic Reserch

Introduction. Conducting forensic ballistic investigations often involve changes to the results of which depend on the findings in many ways. According to local legislation, these measurements must meet certain requirements. Theoretical analysis. Analyzed compliance with the diagnostic techniques of forensic ballistic investigations homemade firing device for assigning it to firearms requirements of the Federal Law «On ensuring the uniformity of measurements». It is shown that the existing methodology is flawed, since it is in contradiction with the current metrological rules are not determined by random and systematic errors. Conclusions. It is proposed to either abandon the statistical processing of the measurement results and not to use the concept of the mean value, or increase the number of measurements for correct statistical treatment of results.

The Comparison of Digital Images of Firing Pin with a Dominant Features in the Form of Circles and Arcs

Introduction. Development of the algorithms for the automatic comparison of the digital images of firing pin is an important task of the forensic examination. This task is aimed at improving the efficiency of crime investigation involving the use of firearms. In this paper images of firing pin with the features in the form of circles and arcs with single center are investigated. The method based on modified Euclidean distance between circles of the similar firing pin was proposed to assess the degree of similarity of the traces. Preliminary processing. To eliminate the adverse effect of noise and various image artifacts were pretreated. Markers were placed to accurately determine the features in the form of circles. Method of searching paired tracks. Criteria based on modified Euclidean distance were developed for the formation of the priority list. Numerical experiment. In the numerical experiment database of 60 objects was used. Paired trace from firing pin array was included in top four of the prior list in 90 percent cases. Conclusions. The proposed algorithm allows to sort effectively and quickly the array of test objects by the degree of similarity of signs in the form of arcs and circles with relevant features of the test track.

Device for Experimental Shooting of Firearms and its Role in Providing Expert Research on Establishment of Circumstances of the Shot I. V. Latyshov Volgograd Academy of the Ministry of Interior of Russia,

Introduction. In order to meet the objectives for establishment of circumstances of the shot, the process of experimental shooting when shooting firearms propose a new design of a special device, allowing to obtain more accurate information about the gunshot residue in studies of objects with a complex shape of the outer surface. The article provides a comparative study of the traces of the shot from a Kalashnikov AKS-74U on the currently used flat targets and targets, mounted on a removable element with the ability to take the desired shape of the outer surface. Theoretical analysis. Now several designs of devices for experimental firing which along with advantages have also essential shortcomings are known. The main difference of the device presented in article from known is existence of a compound frame for installation of the target containing a removable element which is made of high-plastic material earlier. It allows to repeat a form of the object presented for examination at the time of a criminal shot. Experimental part. The study consisted of experimental firing, evaluation of the morphology of gunshot injuries and comparison of the topography of the distribution of gunshot residue in the area of gunshot injuries. Discussion of results. The analysis of traces of a close shot on flat and curved targets has allowed to establish distinctions of signs of influence of a gas-powder stream, thermal and mechanical effect of powder grains, adjournment of a soot. Conclusions. Found that when firing AKS-74U on flat targets and targets that are installed on the removable element, bent to the desired shape, there are differences in the morphological characteristics of gunshot injuries and topography sediment traces close shot. Thus, the use of the proposed device, comprising a removable element for attachment of the target, the shape of which follows the shape of the outer surface of the investigated object allows to obtain more accurate information about the gunshot residue in studies of objects with a complex shape of the outer surface.

Problems of Ensuring Compliance of Technical Characteristics of Civil and Office Firearms to Criminalistic Requirements of the Ministry of Internal Affairs of Russia

Introduction. Problematic issues of providing the criminalistic requirements of the Ministry of Internal Affairs of Russia imposed to firearms are considered in work. A sometimes weapons does not provide formation on the shot bullets and cartridge cases of the traces suitable for identification. Absence of any standards or specifications on a roughness of a relief of surfaces of the details forming traces is to it the reason. In addition, arms manufacturers poorly represent modern methods and technical means of identification of the weapon. Experimental part. In work the reasons of formation of traces on the shot bullets and shot cartridge cases not suitable for identification of the weapon are analyzed. Cases where the identification of the weapons on the striker traces is impossible due to the design of shells hunting cartridges are shown in the article. The negative influence of the production of primers traces at identifying of weapons on firing pin traces is quickly studied. Conclusion. Forensic requirements for identification of the weapon can be most effectively provided at close scientific and technical cooperation of the arms manufacturers and scientists specializing in area of judicial identification of the weapon.

The Concept and Functions of State and Municipal Services

Introduction. Legal regulation of state and municipal services in the Russian Federation has its own characteristics and peculiarities, which also determines the specific character of these services. This paper presents a theoretical understanding of the principles of state and municipal services. This article presents a theoretical understanding of the concepts and functions of state and municipal services. Administrative reform as a necessary result of the implementation of its major events marked the achievement of high-quality organizational support of the implementation of title and enforcement functions of the state. Adoption of a series of priority to the provision of services by public authorities and local authorities citizens and businesses has become the most important novel in the direction of the state and municipal government.

Purpose. The main objective of the paper is due to the administrative reform, in addressing the problems arising in the delimitation of the concepts and functions of the organization and provision of state and municipal services.

Results. This article analyzes the concept and functions of the aforementioned services and to compare the different approaches authors with regards to this issue.

Conclusion. We believe that the state (municipal) services must be referred to the executive and administrative activities of the relevant authorities, and themselves state (municipal) services to the direct-providing entities related services. However, these definitions do not establish a clear distinction between these concept, which implies their specific identity, that when they practice or the provision could lead to varying interpretations.

Expertise of Draft Laws within the Russian Lawmaking Process: Legal Theory and Classification

Introduction. The article is devoted to considering the institute of expertise of draft laws within the Russian lawmaking process.

Purpos. The main object of the paper is theoretical comprehension of the institute of expertise of draft laws within lawmaking process and classification of its particular kinds that Russian legislation comprises.

Results. The authors consider the scientific approaches to defining the correlation between the concepts of «lawmaking process» and «legislative process». The authors study the definition of the concept of «expertise of draft laws» putting aside the contiguous concept of «conclusion of a state authority body». It is proved that the distinctive attribute of expertise of draft laws is that it is carried out by competent persons – experts that possess special knowledge in a certain field. The authors provide an analysis of a set of legislative acts regulating certain kinds of expertise of draft laws within the stages of the lawmaking process. It is revealed that subjects, objects, terms of some kinds of expertise of draft laws as well as legal validity of expert reports are not determined in Russian legislation. It is carried out classification of the kinds of expertise of draft laws, embodied in the legislation on such criteria as an object and a subject of an expertise; an obligatory condition; the stage of the lawmaking process; legal force of expert reports.

Conclusion. The authors make the conclusion that a lack of scientifically based classification of the kinds of expertise of draft laws is the reason for which Russian legislation in the area contents many contradictions and gaps. It is proved that there is a need of systematization of Russian legislation regulating the institute of expertise. And this process should be based on the scientific studies and classification.

The Types of Legal Regulation of Public Control in the Russian Federation

Introduction. The article analyzes the peculiarities of the legal regulation of certain types of social control in the Russian Federation.

Purpose. The main objective of the work is to study the legal basis for the classification of public control depending on the scope of its implementation and to identify problematic aspects of allocation of the individual species.

Results. The author analyzes the Russian regulatory framework governing the peculiarities of social control, the basic problem of the legal classification of the activity, depending on the scope of its implementation. The analysis of the ratio of regulatory foundations of social control and the real diversity of legislation in this area. Adoption of the law, securing the foundations of social control in Russia has given rise to a number of problematic aspects of law within the scope of the implementation of this institution that, as a result, may lead to the formation of conflict situations in the course of its enforcement. There is a need for the regulatory details of individual elements of social control, starting with the definition and ending with its structural and functional component.

Conclusion. The author concludes that public control is universal and covers virtually all areas of public relations. However, the current legislation, fixing the foundations of social control, does not account for this factor, limiting the scope of its implementation and regulation.

Topical Issues of Legal Regulation of the Prohibition of Discrimination of the Rights and Freedoms of a Person Depending on His State of Health in Modern Russia

The article investigates the legal regulation of nondiscrimination rights and freedoms of the individual, depending on his state of health in Russia in the current national regulations. Discussion. As a result of the research of legal instruments of the Russian Federation, focuses on a group of federal laws that prohibit discrimination enshrined human rights and freedoms according to the state of his health. Special attention is paid to the factors by which the discrimination of the rights of man and citizen on the basis of health. The author concludes that the prohibition of discrimination of man and citizen on the basis of health is the total of the declared nature, as in different fields there is the discrimination of citizens, foreign citizens and persons without citizenship on the basis of health. Conclusion. Protection of the rights of man and citizen depending on his state of health in the national legislation is not fully implemented due to a lack of effective national mechanisms.

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