Author

YANIN S.А.,YANINA T.N.

Title of article

ON THE ISSUE OF THE SPECIFICS OF THE EXAMINATION
OF THE MEANS OF CELLULAR COMMUNICATION WHEN
INVESTIGATING THE FRAUD COMMITTED BY USING THEM

Section

Section 9. Criminalistic provision
of law enforcement activities

Issue, year

4 (46) 2018

Abstract

The article is devoted to the use of cell phones as evidence. The topicality of the research is determined by the significant cumulative damage caused by fraud committed using themeans of cellular communication, the increase in the number of crimes of this type, as well as thelow quality of their investigation. The authors point out the following reasons that negatively affect the quality of the organization of the investigation of fraud committed using the means of cellular
communication: insufficient professional skills of law enforcement officers, as well as the method of committing fraud – actually anonymous, without direct contact with the victim. Certain difficulties in
the activities of law enforcement agencies are also caused by the ambiguous court practice concerning the analyzed problem. Due to these circumstances, as well as the imperfections of the legal regulation,
there are different approaches of law enforcers to the procedure for conducting investigative actions connected with the examination of means of communication. The authors of the article argue the
importance of a qualitative examination of a cell phone as mobile communication means. In this regard, the tactical bases of its examination are analyzed. The algorithm of investigators’ actions when carrying out this investigative action is proposed. The recommendations aimed at improving the use of means of cellular communication as evidence are formulated

Keywords

theft; fraud; investigation; cell phone; examination; investigative action; judgment

References

1. Yanin S.A. K voprosu o nekotoryh elementah kriminalisticheskoy harakteristiki moshennichestv, sovershaemyh s ispol’zovaniem sredstv sotovoy svyazi [To a question of some elements of the criminalistic
characteristic of the frauds committed with use of means of cellular communication]. Teoreticheskie i prakticheskie aspekty razvitiya yuridicheskoy nauki [Theoretical and practical aspects of development of jurisprudence]. Saratov, 2017. Pp. 179-181.

2. Shuvalov D.N. i dr. Organizatsionno-metodicheskie i tehniko-kriminalisticheskie osobennosti rassledovaniya ugolovnyh del po faktam nezakonnogo oborota narkoticheskih sredstv sinteticheskogo proiskhozhdeniya [Organizational and methodical and technical and criminalistic features of investigation of criminal cases on the
facts of drug trafficking of synthetic origin]. Volgograd, Blank Publ., 2016. 80 p.

3. Mashlyakevich V.A. K voprosu o neobhodimosti provedeniya osmotra mesta proisshestviya pri rassledovanii
moshennichestv, sovershaemyh s ispol’zovaniem sredstv telefonnoy svyazi [To a question of need of conducting
inspection of the scene at investigation of the frauds committed with use of means of telephone communication]. Rossiyskiy sledovatel’ – The Russian investigator, 2015, no. 10, pp. 7-9.

4. Vasyukov V.F., Bulyzhkin A.V. Nekotorye osobennosti osmotra sredstv sotovoy svyazi pri rassledovanii
ugolovnyh del [Some features of the inspection of cellular communications in the investigation of criminal cases].
Rossiyskiy sledovatel’ – The Russian investigator, 2014, no. 2, pp. 2-4.

5. Butenko O.S. Kriminalisticheskie i protsessual’nye aspekty provedeniya osmotra mobil’nyh telefonov v
ramkah predvaritel’nogo sledstviya [Criminalistic and procedural aspects of carrying out survey of mobile phones
within preliminary investigation]. Lex Russica, 2016, no. 4, pp. 49-60.