Categorical concepts of the crime theory of causality
Автор: Ignatyev Mikhail E.
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовный процесс, ОРД и криминалистика
Статья в выпуске: 1 (31), 2018 года.
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Introduction: the issue of establishing causal relationships in the course of the investigation has always been of special scientific and practical interest among criminalists. The basis for this was the fact that this was the direction for establishment of circumstances of the criminal act and seemed always difficult because only a situational approach in the use of forensic methods and tools that accompany the process of investigation. Meanwhile, properly selected, based on the corresponding conceptual apparatus, algorithm for investigation of behavior allow to fully solve the problem, a specific purpose of criminal proceedings. Materials and Methods: the author used the method of scientific analysis and comparative legal method, surveys of law enforcement officers. Results: in accordance with forensic methodologies, the author organizes and conducts a study of the problems associated with the formation of the language of criminology. He concludes that language is an important means of the general theory, according to which all of its basic structural elements - techniques, tactics and methods are fully developed. The basis of the dialectic of language formation of criminology are categorical concepts that formed and in accordance with which the subordination of concepts essential to the practice of law based on the uniform use of concepts by all participants in the law enforcement. Developing the argument in the article the author provides rationalization for the bases for these categories of crime theories of crime causation as causal analysis and forensic structure of causality, defined and actual crime causation. In accordance with these categorical concepts such a definition at the level of phenomena are formulated, which is necessary for practical activities in the investigation of crimes where the problem arises with the definition of causality in the established event of a crime. Scientific reasoning in this publication connected with well-known research problem of causality held by experts in the field of theory of law and forensic science. Discussion and Conclusions: the presented studies of the issues of formation of the conceptual apparatus of the theory of crime causation are associated with the interest that recently came to the criminalists’ sphere to this issue, due to the need for a comprehensive study of the issues of criminal law, criminal procedure and forensic causality, which are important for good enforcement.
Короткий адрес: https://sciup.org/142211846
IDR: 142211846 | DOI: 10.24420/KUI.2018.31.11115