Некоторые теоретические проблемы современной российской криминалистики.
Филиппов, Александр Георгиевич
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Recently some Russian criminalists offered the new subject - theory of professional defence - as a part of subjects of criminalistic and to research the problems of professional defence in criminalistic science framework. We can’t agree with it, because the objectives of criminalistic (help for law enforcement institutions to set the truth in the investigating case) and of theory of professional defence (help for defendant attorney to defend interests of his customer) don’t fit, and in some cases are opposite. Implementation of such an idea necessarily brings to scour of fundamental bases of criminalistic, for demolition of its heart. Theory of professional defence should be independent subject and should be created not in criminalistic science framework but in framework of the theory of defendant attorney activities. There is opinion, that nature of criminalistic it is synthesis, fusion of nature and law knowledge, so criminalistic is a synthetical science. Really criminalistic is a pure law science, because natural knowledge it borrows from other sciences; conceptions, borrowed from other sciences, could be used in criminalistic only then if it’s handling match the law. Criminalistic connects concurrently with averment, with law, any attenuation of it with law is impossible. Traditional tetra fold system of criminalistic superannuated. New private scientific theories were created in criminalistic, that can’t be involved in any part of traditional criminalistic system. The optimal way of solution could be the exclusion of such private theories (as versions and planning of investigation, cooperation between investigator and search institutions, and usage of help of citizens in investigation and so on), that aren’t the compound parts of one or another branch, in separate independent part. Because of that all these questions are connected mostly with organisation of crime investigation, such part could be titled as „ Organisation of crime detection and investigation ". Very important category of criminalistic is criminalistics crime characteristic. We can’t agree with opinion of some criminalists that it hasn ’t practical relevance and is like ,,phantom ". By that attitude we can talk about united opinion of Russian and Lithuanian criminalists. Herewith solving of theoretical problems, Russian criminalists constantly carry out activities of creation of new technical-criminalistics measures and more effective iactical-criminalistics means and methods, activities of improvement of organisation of crime detection and investigation, of creating new investigation methods and optimisation of old investigation methods of different crime types and groups. The most active the criminalistics methodises are developing in Russia. In our opinion, a lot of new created ideas could be interesting for criminalists of other countries.
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