Tactical Investigation Operation is an Effective Way of Forensic Prevention of Organized Crime in Russia

Voronin Sergey Eduardovich

Faculty of Law, Siberian Institute of Business, Management and Psychology, Krasnoyarsk,Russia

Email address:

Vorona64@inbox.ru

To cite this article:

Voronin Sergey Eduardovich.Tactical Investigation Operation is an Effective Way of Forensic Prevention of Organized Crime in Russia. International Journal of Science, Technology and Society.Vol. x, No. x, 2021, pp. xx.doi:10.11648/j.xxx.xxxxxxxx.xx

Received: MM DD, 2021; Accepted: MM DD, 2021; Published: MM DD, 2021


Abstract: The article examines the problem of forensic prevention and its role in the fight against organized crime. The author says that this problem is especially urgent now in Russia and around the world. Tactical and forensic research, focusing on the study of tactical techniques separately and in their combinations, is possible only when seeing a holistic picture of the system of tactical techniques. The world is in a state of deep economic and social crisis. Migration processes have captured all countries. Organized crime in Russia is becoming ethnic. This complicates the fight against crimes against the person. Practice shows that ethnic criminal communities are highly organized and brutal. The author of the article analyzes tactical operation "zoning of the most criminally prone areas of the city of Krasnoyarsk." This tactical operation was carried out in 2017 by officers of the Criminal Investigation Department of the Central Internal Affairs Directorate for the Krasnoyarsk Territory. As a result of painstaking work carried out with the help of public and private ORD methods, a map of the criminal zones located in the most popular and fashionable restaurants of the city of Krasnoyarsk was compiled. Subsequently, this map was posted by the criminal investigation officers on the Internet - in all relevant social networks. Thus, summarizing what has been said, we can make a reasonable conclusion that forensic zoning, as part of forensic prevention, is fundamentally different from criminological zoning. Obviously, the main criteria for forensic zoning are not criminological reasons and conditions conducive to the commission of a crime, but the mechanism and methods of crime as forensic categories. A forensic scientist can implement a tactical operation "zoning of criminal territories" according to the method and mechanism of committing crimes. It can be not only restaurants and other public places. The article demonstrates the zoning method for the most criminogenic zones of poaching of aquatic biological resources in the Sea of Okhotsk and the Sea of Japan. The author of the article concludes that the tactical operation "zoning" is a universal scientific category of forensic science and criminology.    Forensic prevention and tactical investigation operations are an effective way to combat organized ethnic crime.

Keywords: Prevention, Forensics, Ethnos, Gangsters, Tactics, Investigation, Operation,  Zoning



1. Introduction to Forensic Science

One of the controversial issues in the science of forensic science has been and remains the problem of forensic crime prevention. In fact, the problem here is the very formulation of the question of the possibility of existence within the framework of forensic science of such a legal phenomenon in parallel with criminological prevention. After all, the existence of criminological prevention has never raised doubts among any of the scientists. But then, in this case, there is a real danger of reductionism - that is, substitution and duplication of the subject of one scientific discipline with the subject of another. In this article, we will try to delimit the subjects of preventive activity in forensic science and criminology, as far as it is, in principle, possible.

For the first time, scientists - lawyers started talking about the need to isolate a section on prevention within the framework of forensic science in the 70s of the last century. The founder of the concept of forensic prevention was Russian Professor V.K.Gavlo.[1] This concept has evoked rather sharp criticism from a number of scientists - criminologists - representatives of the so-called "old school of criminalistics" who came to science from law enforcement agencies. [5]

So, L. Y. Drapkin at one time harshly criticized the very possibility of crime prevention by forensic means. According to Russian Professor L.Y.Drapkin, a criminologist always deals only with criminal events that have already taken place, working with traces of a crime, restoring the picture of a crime bit by bit, like a complex mosaic. Then what kind of prevention of future crimes can we talk about in such a situation? [7]

Perhaps, one can agree with the argument given by L.Y. Drapkin. Indeed, the retrospective nature of forensic activity practically does not leave forensic science, as a science, a chance to compete with the complex crime prevention carried out in criminology. However, as you know, there is an exception to any rule. Such an exception to the general rule, in our opinion, is the tactical operation "zoning the most criminally prone areas of the city." [9]

2. Tactical Operation Concept

Tactical and forensic research, focusing on the study of tactical techniques separately and in their combinations, is possible only when seeing a holistic picture of the system of tactical techniques. At first glance, the tactics of conducting individual investigative actions today has a wide arsenal of tactical techniques, the optimization of which is seen either by the vector of individualization of tactical influence, which we considered earlier in the context of understanding the structural model of tactical technique, or by the vector of adaptation of knowledge of other sciences, which, due to the progressive development science and technology are a constant source of tactical innovation.

However, even a cursory glance reveals that the system of tactics is not a meaningfully balanced sphere of knowledge. It is not surprising that, within the framework of tactical and forensic optimization of investigative activity, there are often recommendations that are so general in nature that one thinks about the extremely dismissive attitude of forensic researchers to the mental abilities of practitioners. [13]

Indeed, what is the value of a tactical recommendation about the desirably maximum identity of the conditions of the investigative experiment being conducted and the conditions of the circumstances being verified by the investigator at the time of the crime? Is it really necessary to point out the advisability of this even in textbooks? What, the investigator himself will not come to an understanding of the advisability of creating a similarity of the situation?

On the whole, we can safely state that a tactical technique that essentially boils down to "what to do?", In most cases, does not have the practical value that tactics that are content-oriented to the problem of deciding "how to do?" Have.

Why is it that such naive tactical recommendations are found in the forensic literature of today?

We see the answer to this question in the fact that researchers in the development of tactical methods do not have a conditional criterion for how much they should have a self-evident nature. The trouble is that this problem cannot be solved in the context of the analysis of the entire range of tactics developed by criminologists, but the need for this nevertheless exists.

The foregoing predetermines the need to develop a certain hierarchy of tactical techniques, which, by the way, will immediately act as an indicator of the lack of the achieved results of the study of tactical techniques at specific levels.

The hierarchy of tactical techniques involves the construction of a model that structurally includes three levels of generality of tactical techniques, which should include:

• general tactics - focused on the tactics of any investigative action;

• group tactics - focused on groups of investigative actions;

• tactical techniques of a specific investigative action - techniques, adapted sub-goals and objectives of a specific investigative action.

Despite the fact that various investigative actions are different forms of activity, general tactics exist and form a fairly significant group, however, insufficiently studied in forensic science. The tactical techniques of the group under consideration are meaningfully aimed at solving the question: "how to maximally fulfill the requirements (scientific, specific, ethical, economical) for tactical techniques?"

Group tactics are effective recommendations in the production of a group of investigative actions. We refer to independent groups of investigative actions as groups of communicative (interrogation, confrontation), search (investigative examination, search, seizure, examination), experimental (verification of testimony on the spot, investigative experiment, presentation for identification), research (examination, specialist research) investigative actions. We spoke earlier about the expediency of building just such a model of investigative actions. So, for example, the tactic of organizing breaks in order to restore the potential of attention of persons conducting a search is relevant both for the tactics of inspecting the scene of the incident and for the tactics of search.

To understand the essence of forensic zoning, it is necessary to answer the conceptual question: what place does the category of "tactical operation" occupy in the scientific apparatus of modern forensic science? [6]

For the first time, the Irkutsk scientist, criminologist Shikanov V.I. According to Russian Professor V.I. Shikanov, with whom one can agree, a tactical operation should be understood as a system of coordinated actions, including investigative actions and operational-search measures aimed at disclosing and investigating crimes. [4]

This definition rightly emphasizes the role of operational-search measures in forensic activity, which, along with 16 investigative actions provided for by criminal procedure legislation, really help in the disclosure and investigation of crimes, equipping the criminologist with additional search and cognitive means of the operational search activity. [2]

This is especially relevant at the present time, when the fight in the conditions of the existence of a well-organized criminal community in our country requires the mobilization of all forces and means at the disposal of the law enforcement agencies of modern Russia. [3]

Let us give a very successful, in our opinion, example of a tactical operation "zoning of the most criminally prone areas of the city of Krasnoyarsk." This tactical operation was carried out in 2017 by officers of the Criminal Investigation Department of the Central Internal Affairs Directorate for the Krasnoyarsk Territory. As a result of painstaking work carried out with the help of public and private ORD methods, a map of the criminal zones located in the most popular and fashionable restaurants of the city of Krasnoyarsk was compiled. Subsequently, this map was posted by the criminal investigation officers on the Internet - in all relevant social networks. [10]

2.1. Zone Number 1. Grill-bar "Shashlykoff"

Located at: st. 78 Volunteer brigade, 12. Is under the direct control of the current head of the Azerbaijani diaspora in Krasnoyarsk Taleh Sadi-oglu Mahmudov, who ascended the "throne" in December 2004 after the assassination of the head of the Azerbaijani community of Krasnoyarsk, Mahir Ilyasov, in which citizen Mahmudov is suspected to this day.. The activities of the interethnic organized criminal group, which include Russians, Azerbaijanis and Kyrgyz, is described in detail in the essay "Top 6 most criminal restaurants in Krasnoyarsk." Represents a great public danger. This organized criminal group has long and very successfully been "covered" by the police of the Soviet district of the city of Krasnoyarsk.

2.2. Zone Number 2. Pound of Honey Restaurant

Located at: st. Takeoff, 12-a. Controlled by an Azerbaijani organized crime group. They specialize in clonidine. Prostitutes are actively used in work with potential victims. For a long time the "overseer" of the restaurant has been an Azeri 28-30 years old with an oriental beard named Edik. He always sits in the VIP booth to the right of the bar. You can see this booth in the presented photo. According to operational data, after a police check in October 2017, it was to this restaurant that the interethnic organized crime group described in the aforementioned criminal essay migrated from the Shashlykoff restaurant.

2.3. Zone Number 3. Irish Pub "HaratsPub"

Located at: st. Mate Zalki, 10 g. Controlled by an Armenian organized crime group, which appeared relatively recently in Krasnoyarsk and ousted Azerbaijanis from the part of the territory of the Severnymicrodistrict, adjacent to Mate Zalki and Shumyatsky streets. Armenians aged 30-35, natives of Yerevan and Nagorno-Karabakh. They sit down in a group of three not far from your tables and play quite noisy backgammon, choosing a convenient moment to toss clonidine into your glass of beer. They speak Russian poorly, in contrast to the local Azerbaijanis.

2.4. Zone Number 4. Family Restaurant (Formerly "Boomerang") "Family Bar $ Kitchen"

Located at the address: Shumyatsky, 2 also in the Severnymicrodistrict. For many years it has been controlled by an Azerbaijani organized crime group. The criminal repertoire is the same - prostitutes and clonidine.

2.5. Zone Number 5. Irish pub "HaratsPub" (Pub # 20 on Lazo)

Located at 53 Metallurgov Avenue.One of the most malicious and aggressive Azerbaijani criminal groups. They represent a great public danger. For a long time, the "overseer" of the pub has been a bald Azeri 30-35 years old named Alik. Be extremely careful and careful when visiting this drinking establishment in Krasnoyarsk. All the bartenders in the restaurants we have listed are bandit gunners. Of particular interest to them, of course, are single drinking bachelors.

2.6. Zone 6. Belgian Restaurant "Bringing down in Bruges"

Located at: st.Aviatorov, 50.Since 2015, it has been tightly controlled by members of the Kyrgyz ethnic organized crime group. They specialize in robberies and robberies; they were also repeatedly noticed in the criminal activities of the so-called "black" realtors. It was from this restaurant of Belgian cuisine that a unique operational-tactical operation codenamed "Black Realtor" began in Krasnoyarsk in April 2017. At that time, a powerful interethnic organized criminal group headed by the Azerbaijani crime boss Taleh Sadi-oglu Mahmudov  fell into the zone of operational development of the Krasnoyarsk criminal investigation officers. The tactical operation, as usual, began with the legendary event. The operative under the guise of a lonely drinking bachelor attracted the attention of the bartender of the restaurant "Lay Bottom in Bruges". After the restaurant, the operative was pursued right up to his house by members of an interethnic organized criminal group, which included Azerbaijanis, Russians and Kyrgyz. Under the terms of the legendary event, the drinking bachelor-widower was soon to sell a two-room apartment in the center of Krasnoyarsk. The criminals "took the bait", drove the operative into his apartment on the 9th floor of a residential building and set him under round-the-clock surveillance. The operative in this delicate situation had no choice but to record on a camera with a telescopic lens all the members of the gang who were circling near the house for almost a whole month. Subsequently, these photographs of the criminals were checked against the database of the criminal investigation department of the Krasnoyarsk Territory and, according to the tactical plan of the leaders of the operation, were posted on the Internet on the YouTube channel. However, soon the entire YouTube channel account, along with this video, was removed from the social network following a complaint from citizen of RussiaMamedovTaleh [11, 14,15,16].

The basis for the complaint is a violation of community principles related to the inviolability of a citizen's private life. This is the so-called "evidence of behavior" of any criminal suspected of committing a grave and especially grave crime. But this circumstance did not stop the employees of the criminal investigation department. They duplicated the video "Bandits of Krasnoyarsk" on another YouTube account specially created for this purpose [12].

3. The Role of a Tactical Investigation Operation in the Fight Against Organized Crime

As a result of a successful tactical operation, about 150 members of the organized criminal group were identified and put on preventive records. The active accomplices of the "black realtors" were also identified - an employee of the management company and two corrupt police officers from the city of Krasnoyarsk, who provided cover for this criminal community.

Considering the forensic value of not only the tactical recommendation itself, but also its optimization in relation to the circle of participants, in order to increase the efficiency of solving the problem of individualizing a tactical technique, it is advisable to include in its content:

  1. Algorithm of actions, the use of which with a high degree of probability will contribute to the achievement of forensically significant tasks. The content of this algorithm is described in detail in modern forensic literature, and there is no need to dwell on the content of scientific discussions, while not completely rejecting their relevance.
  2. Recommendations for clarifying the algorithm of actions based on the personal characteristics of the person who is affected. The recommendations under consideration are based on the personality characteristics of the affected person, expressed in strong / weak behavioral models inherent in him due to his psychological type.
  3. Recommendations for the refinement of the algorithm of actions based on the personal characteristics of the person exerting influence. The recommendations under consideration are based on the personality characteristics of the actor, expressed in strong / weak behavioral models inherent in him due to his psychological type. It seems that possible studies of the personality of the person conducting the investigation, focused on the study of psychological structures that determine the effectiveness of the tactical technique used, will form the basis for studies of the forensic characteristics of the personality of the investigator, which are in demand in domestic forensic science.

For the sake of fairness, we note that studies of the personality of an investigator as a set of unique features in legal psychology were encountered back in the 1920s. It is likely that the result of such an understanding will be the realization that certain types of personality are not sufficiently capable of being realized in investigative activities, having a low tactical potential. Indeed, investigative activity is characterized by a number of factors that predetermine the effectiveness of the mental organization of investigators. It is difficult to argue with the fact that people with different types of psychological organization are equally effectively adapted to the entire spectrum of behavioral models. Thus, in our time, representatives of the criminal community have full access to the results of forensic research, bringing the value of forensic recommendations based on "investigative tricks" to the archaic level, designed for the most intellectually undeveloped part of crime.

Having realized the limited effectiveness of "investigative cunning" tactics, it is necessary to return to the tradition of research based on:

  1. situational intellectual superiority of the investigator over another participant in the process, since permanent dominance is no longer achievable.
  2. a decrease in the protective potential of the outside affected due to poor awareness of certain manifestations of the psyche (social attitudes, physiological reactions, or other ways of stereotypical behavior). For example, even if the interviewee is familiar with the methods of detecting physiological reactions when constructing false readings, this knowledge will not determine his physiological reactions as not amenable to conscious control.

Tactical methods of intellectual domination of the investigator over the interrogated are based on the correct use of the intellectual potential. If we cannot raise our intelligence in general, then we are quite capable of situationally optimizing it. The investigative action is divided into stages, within each of which the investigator implements a small number of cognitive tasks of the same type. This is the model of the tactical organization of the investigation, based on the situational intellectual superiority of the investigator over the antagonist.

At the modern level of development of forensic knowledge, it is advisable to make this group of tactical techniques backbone for all investigative actions. As secondary tactics will act, aimed at reducing the protective potential of the affected due to their weak awareness, which will smooth out the effect of criminal "enlightenment" characteristic of the current stage of development of society. Tactics focused on "investigative tricks" become a kind of optional appendage, the use of which is determined by the current situation in the investigation and the creative nature of the investigator.

The peculiarities of personality types predetermine rather strict boundaries for the implementation of professional qualities, but a kind of psychological specialization arising from each personality type can act as the sphere of professional activity in which a specific personality type will be revealed to the maximum extent, realizing the model of a modern reading of the concept of the investigator's tactical repertoire.

Traditionally, opponents of the structural model of personality in criminology substantiate their position with two main arguments, which it is advisable to bring along with our counterarguments.

Argument 1. Personal characteristics cannot act as forensic matter. Counter-argument - it is inappropriate in forensic science to study the techniques and means of effective influence on the participants in the investigation, and in another science - the means that optimize this effect, since interdisciplinary "dispersion" will lead to the fact that a specific issue will not be adequately investigated in any of the sciences ...

We are deeply convinced that it is the borrowing of applied psychological knowledge that is the main trend in the development of forensic tactics and forensic methods for investigating certain types of crimes, which arose at the dawn of forensic science. Let us recall that in the countries of Europe and America, legal psychology (law psychology) includes a wide range of patterns, which in our country are partially investigated within the framework of forensic tactics, but even there among criminologists the discussion "Are we really a science?" ... The study of the tactical forensic component without the integration of psychological knowledge today is nonsense and, unfortunately, is a feature characteristic of domestic forensic tactics, balancing the balance of “applied science vs. pure science "towards the latter.

Argument 2. A tactical technique is a recommendation to the investigator, formulated in a rather general form, for the purpose of further concretization in the process of reading the features of the investigation of a particular crime. Counter-argument - when considering the model of tactical technique not through the prism of "general laws - a particular case", but within the framework of the triunity "general laws - particular laws - a particular case", the value of the idea of ​​increasing the tactical arsenal becomes rational.

Individualization of a tactical technique will contribute, first of all, to its deeper scientific understanding, and at the applied level - to more effective application. We are deeply convinced that the formation of domestic forensic science is not a reason for abandoning the practice of tactical recommendations within the framework of the typological approach, so natural for foreign science of investigations. [13]

Note that fraudulent transactions with real estate today are the main method of crimes committed by members of organized crime groups in modern criminal Russia. This is evidenced by both ruthless judicial statistics and high-profile trials against gangs of "black" realtors in Moscow, Irkutsk, Novosibirsk and Khabarovsk. [14]

For example, as of August 1, 2018, in the Soviet district of the city of Krasnoyarsk, 2 abandoned apartments were discovered, the owners of which have been missing for about a year. The law enforcement agencies of Krasnoyarsk seized these apartments, stopping the criminal transactions in time, almost at the stage of their notarization. This was done at the request of the relatives of the missing persons - the owners of the apartments. And again, persons of Azerbaijani nationality were noticed in criminal scams with these apartments.

4. Conclusion

In conclusion, we note that forensic zoning can be carried out not only in settlements.

So, within the framework of his dissertation research on the methods of investigating crimes related to the illegal extraction of aquatic biological resources, M.N. Tokarev conducted a very successful zoning of the areas of the Sea of Japan and the Sea of Okhotsk, which are most susceptible to attacks by foreign poachers, by the method of criminal fishing for seafood delicacies. [8]

Thus, summarizing what has been said, we can make a reasonable conclusion that forensic zoning, as part of forensic prevention, is fundamentally different from criminological zoning. Obviously, the main criteria for forensic zoning are not criminological reasons and conditions conducive to the commission of a crime, but the mechanism and methods of crime as forensic categories.

The problem of forensic prevention is relevant for the modern forensic,s science. Especially in the context of the fight against organized ethnic crime. The problem of a tactical investigation operation is scientifically promising. Therefore, this problem needs further development.


References

[1]       Gavlo V.K. Theory and practice of investigating crimes in the field of migration security: Monograph / V.K.Gavlo, S.E. Voronin, I. V. Nikitenko, Krasnoyarsk: Publishing house of the Siberian Institute of Business, Management and Psychology. 2020.-P.236.

[2]       Voronin, S.E. Psychotypological approach in the system of forensic knowledge: Monograph / S.E. Voronin, R.L. Akhmedshin, T.A. Alekseeva. Krasnoyarsk: Publishing house of the Siberian Institute of Business, Management and Psychology. 2018.P.123

[3]       Voronin, S.E. Moral and psychological foundations of operational-search activity and criminal proceedings: Monograph / S.E. Voronin. - Krasnoyarsk: Publishing house of the Siberian Institute of Business, Management and Psychology, 2018.- P.114

[4]       Voronin, S.E. Organization of a criminal community: criminal-legal and criminalistic aspects / S.E. Voronin, E.S. Voronina, A.M. Zheleznyakov. - Krasnoyarsk: Publishing house of the Siberian Institute of Business, Management and Psychology, 2020. - P.214

[5]       Voronin, S.E. Dialogues about criminal proceedings in Russia: Monograph / S.E. Voronin. Khabarovsk: Publishing house of the Far Eastern Institute of the Ministry of Internal Affairs of the Russian Federation. 2018.P.126

[6]       Voronin, S.E. Situational modeling in forensic examination [Text] / S.E. Voronin. - Krasnoyarsk: Publishing house of the Krasnoyarsk State Agrarian University, 2018.—P. 121.

[7]       Voronin, S.E. Actual problems of modern forensic science [Text] / C.E. Voronin, I. V. Nikitenko, D.A. Stepanenko. - Krasnoyarsk: Publishing house of ANO VO "Siberian Institute of Business, Management and Psychology", 2020. –P.102

[8]       Voronin, S.E. Theory and Practice of Investigation of Crimes Associated with Illegal Extraction of Aquatic Biological Resources [Text] / S.E. Voronin, M.N. Tokarev. - Krasnoyarsk: Publishing house of the Siberian Institute of Business, Management and Psychology, 2021.—P.136.

[9]       Voronin, S.E. Forensic Science: Workshop / Study Guide / S.E. Voronin. Krasnoyarsk: ANO VO "Siberian Institute of Business, Management and Psychology", 2018. – P.99

[10]    Voronin, S.E. Top 6 most criminal restaurants in Krasnoyarsk //Internetresourcehttp://samlib.ru/w/woronin_sergej_eduardowich/book-12.shtml.

[11]    Voronin, S.E. Bandits of the city of Krasnoyarsk // Internet resourcehttps://www.youtube.com/watch?v=4rS3OFp9cw0.

[12]    Voronin, S.E. Gangsters of Krasnoyarsk! They live next to us! https://www.youtube.com/watch?v=wwHg2dsIFj0&t=159s.

[13]    Akhmedshin R.L. Legal and methodological support of border activities. Monograph / R.L. Akhmedshin, S.E. Voronin. Krasnoyarsk: Publishing house of the Siberian Institute of Business, Management and Psychology. 2021. R.146

[14]    Voronin,S.E.Police Officer Anti-Corruption Tactics.2020http://samlib.ru/w/woronin_sergej_eduardowich/book-16.shtml

[15]    Voronin, S.Е. Gangsters of Krasnoyarsk. Appeal to the Prosecutor General of Russia. 2020 https://www.youtube.com/watch?v=zE9AyFoq8sc&t=734s

[16]    Ethnic gangsters of Krasnoyarsk.2021 http://samlib.ru/w/woronin_sergej_eduardowich/book-25.shtml

 


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