Is it possible for an employer to apply for a search? Is the employer obligated to search for a missing employee?

Reservoirs 06.02.2024
Reservoirs

Actions of the employer in the absence of an employee at work

  • Should an employer look for an employee if he stops going to work?
  • What actions should an employer take if he decides to search for a missing employee?
  • What are the risks associated with dismissing a missing employee for absenteeism?

No company is immune from a situation where an employee suddenly stops showing up at work. Typically, employers of large companies always have a stack of work records of missing employees. The possible abolition of work books may increase the number of workers who will not be held by such formalities as their issuance after compulsory work of two weeks upon dismissal of their own free will. If an employee stops going to work, the employer must identify and record the fact of such absence on the first day. In many companies, employees may not show up for several days, and their absence goes unnoticed. The HR department must clearly track not only the days of the end of vacation and sick leave, but also the days of absence of the employee for other reasons.

Example

It is advisable to stipulate in the company’s local regulations that when an employee returns to work after an absence, he must inform his immediate supervisor or any employee of the personnel department in writing about his appearance. This will allow the company to track working hours, accurately process payroll, and detect unauthorized absences from work.

The employer's first actions

If colleagues or a manager discover that an employee is missing, then first of all they try to contact him by phone and find out the reasons for the absence. The search for an employee begins after the employer fails to reach him by phone. Before taking any action, it is necessary to visually inspect the missing colleague’s workplace and understand whether his personal belongings are in the office or not. If an employee cleared his desk the day before and took away photographs, documents, a mug and other personal items, then most likely his absence was planned. The employer should initially call the absent employee at all known telephone numbers. In this case, it is worth making a telephone record of each call, indicating the phone number that was called, the date and time of the call, the participants in the telephone conversation, a summary of the conversation, in the presence of whom the call was made. The telephone message report must be signed by at least three employees participating in the telephone conversation. Such a document can be good evidence in court when considering cases on the legality of dismissal of a missing employee.

Is it worth looking for a missing employee?

Typical situation. The employer can determine for himself whether it is worth searching for an employee. The legislation does not assign such an obligation to him. If a conscientious and disciplined employee who has no conflict with management has disappeared from a company, then most likely a socially responsible employer will begin searching for him. However, there are other cases. For example, an employee was asked for an explanation for committing an offense, he has a valid disciplinary sanction, and he decides to disappear without a trace so as not to come into conflict with the company and not have discreditable entries in his work book.

Is it worth looking for such an employee? There is no practical sense in such a search, since in its absence the company actually frees itself from an unscrupulous employee, even having a certain economic benefit from this.

For all the days of such absence of wages, the employee is still not accrued, and a no-show is entered on the work time sheet, which is designated by the letters “NN” and the digital code “30”.

We save energy. It is clear that the company wants to restore justice, find the missing employee and fire him for absenteeism. But all this is not worth the time and effort of HR and legal department workers. Some HR directors worry about leaving a unit on the staffing table whose status is uncertain. I would like to argue that staffing is a living organism that is constantly changing in accordance with the needs of the organization. So in any case you can:

  1. take on an acting absent employee without changing the staffing table;
  2. increase the number of staff in the position occupied by the missing employee;
  3. find a replacement for the missing employee and introduce a new position into the staffing table.

We are insured. There are cases when an employee disappears with company property.

Many employers provide company employees with a company car, computers, and pay for a voluntary health insurance policy. Such situations must be anticipated in advance and a local regulation establish the procedure for the return of company property by an employee in the event of a long absence (for example, more than 30 calendar days).

If the missing employee has a vehicle, the company will make efforts to find it and return the property. If the employee refuses to return the car, the company has the right to go to court. If an employee appears in court, the employer can hand over his work book and fire him for absenteeism. It is important to ensure that the employee is not on sick leave and has received a written request from the company to provide a written explanation.

Search for a missing worker

If the company nevertheless decides to start searching for an employee, then the following actions must be taken:

  1. Prepare daily reports of employee absence from work.
  2. Send company employees to the place of residence of the missing employee to find out the reasons for his absence. In this case, it is recommended to have with you a written request for an explanation of the reasons for absence in order to be able to transfer it to the employee.
  3. If the employee refuses to sign for receipt of documents, a corresponding report should be drawn up.
  4. If the employee is absent from his place of residence, a request for written explanations must be sent by registered mail with acknowledgment of receipt. It is important that such a letter has an inventory of the contents and a declared value, otherwise the employer will not be able to prove in court that the employee was sent a request and not a blank sheet.
  5. Send a request to medical institutions at the employee’s place of residence, contact relatives and friends.
  6. Submit an application to law enforcement agencies (police) at the employee’s place of residence. Police officers are required to accept the application, issue a notice of its acceptance and registration.

Recognition of an employee as missing

If the employee is absent for a long time, and the search activities of law enforcement agencies have not brought results, then the employer can submit an application to recognize the citizen as missing. You can go to court with such a statement only after a year from the date of the person’s disappearance (*1). According to Art. 276 of the Code of Civil Procedure of the Russian Federation, an application to recognize a citizen as missing is submitted by an interested person at the location of the interested person. In this case, the employer may be an interested party. The law does not contain a prohibition on filing such an application. Current judicial practice confirms the ability of an employer to file an application to recognize a citizen as missing (*2).

After the employer receives a court decision with the missing employee, the employment contract can be terminated under clause 6 of Art. 83 Labor Code of the Russian Federation. The head of the company issues an order in the unified form No. T-8. The text of the order itself makes reference to the court decision.

Dismissal for absenteeism

Since dismissal for absenteeism is a culpable ground for termination of an employment contract, the option under consideration may have adverse consequences for the company and the prospect of litigation.

If you are fired for absenteeism, you must:

  1. Prove the employee's absence for an unexcused reason.
  2. Request written explanations from the employee.
  3. Comply with the dismissal procedure (timing, order, execution and issuance of documents).

We do not recommend dismissing a missing employee for absenteeism if the employer’s representative was unable to meet with him in person before making a decision to terminate the contract. If you nevertheless decide to fire an employee for absenteeism, then before dismissal, send the employee an additional request with the following content.

Example

“In connection with the upcoming dismissal for absenteeism, we ask you to provide the employer in writing by... the following information:

  • Do you have circumstances that prevent your employer from terminating your employment relationship?
  • Do you have an open certificate of incapacity for work at the time of dismissal? The company hereby notifies you that in the event of termination of an employment contract, the general legal principle of the inadmissibility of abuse of rights, including by employees, must be observed. In particular, it is unacceptable for an employee to conceal temporary disability during his dismissal from work. Otherwise, the employer should not be held liable for adverse consequences resulting from dishonest actions on the part of the employee.”

Additionally, the time of delivery of the dismissal order and receipt of the work book should be set, since the employee can open a certificate of incapacity for work on the day of dismissal and subsequently claim that he was illegally fired.

Non-standard situation

If it turns out that an employee does not appear at work due to detention by law enforcement agencies or a court sentence, then this is a valid reason for absence. An employer can dismiss such an employee only if there is a court verdict that has entered into legal force (clause 4, part 1, article 83 of the Labor Code of the Russian Federation). During the period of such absence of wages, the employee is not paid. It is also necessary to pay attention to the fact that the crime committed does not always entail a sentence. If the missing employee is found to be mentally insane, then the court issues a ruling against him. In accordance with Part 2 of Art. 13 of the Law of the Russian Federation 07/02/1992 No. 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision”, compulsory medical measures are carried out in psychiatric institutions of health authorities. If the missing employee was placed in a psychiatric hospital by a court decision, then he is recognized as disabled for the entire period of his stay in the institution and he is entitled to state social insurance benefits. Labor legislation does not provide for the possibility of terminating an employment contract with an employee due to his being sent for compulsory treatment.

From all of the above, we can conclude that the company’s intention to find and fire an irresponsible employee may turn against the employer. Therefore, it is necessary to record all your actions and comprehensively assess the situation if you intend to fire an employee for absenteeism.

If an employee goes missing. We are taking measures to find him.

Many employers have encountered such an unpleasant situation as the disappearance of an employee. The “risk zone” includes those employees who are entrusted with full financial responsibility. Often employees leave their employers without considering it necessary to quit and get their work book. The devaluation of this document is also reflected in legislation:

  • “in the case when on the day of termination of the employment contract it is impossible to issue a work book to the employee due to his absence or refusal to receive it<...>"(Part 6, Article 84.1 of the Labor Code of the Russian Federation);
  • “work books are awarded in a solemn atmosphere in the presence of the team of the brigade, site, workshop, department, representatives of public organizations” (clause 3 of the resolution of the Council of Ministers of the USSR and the All-Russian Central Council of Trade Unions dated 09/06/1973 No. 656 “On work books of workers and employees”).

Dismissal for absenteeism is a disciplinary measure (Part 3 of Article 192 of the Labor Code of the Russian Federation). The procedure for applying disciplinary sanctions is determined by Art. 193 Labor Code of the Russian Federation. A long absence of an employee creates difficulties for his dismissal in accordance with the law.

If an employee goes missing, measures must be taken to find him. First, you should try to find the employee yourself. To do this, you should call the employee or his relatives, send representatives of the employer to the employee’s place of residence, and send the employee by mail a notification about the need to provide an explanation for the absence from the workplace. If these measures do not lead to success, you should contact the police. You can report a loss to the police orally or in writing (Part 1 of Article 141 of the Code of Criminal Procedure of the Russian Federation). The procedure for receiving reports of incidents is established by the Instruction on the procedure for receiving, registering and authorizing statements, messages and other information about incidents in the internal affairs bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of the Russian Federation dated May 4, 2010 No. 333. A sample application is given in the same instructions.

When hiring a person to whom it is planned to entrust inventory items, it is necessary to study the documents submitted by him (Article 65 of the Labor Code of the Russian Federation). You should be especially wary if the employee has several facts that coincide:

  • temporary registration;
  • frequent change of residence in different cities;
  • there is no work book and he applies for a new one.

Don't forget about the general nuances

Undoubtedly, the dismissal of an employee who is absent without established reasons must be considered taking into account the specific circumstances of each case. However, the employer should not forget about the general rules.

Firstly, the RF Armed Forces clearly defined which cases of an employee’s absence from the workplace without prior warning will be considered absenteeism. These include the unauthorized use of compensatory days, unauthorized leave, as well as the abandonment of work without a good reason by a person who has entered into an employment contract for a certain period, before the expiration of the contract or before the expiration of the warning period for early termination of the employment contract (clause 39 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated 03/17/2004 No. 2).

Secondly, having decided to part ways with an employee with whom it was not possible to establish contact, you should, in addition to the described method of confirming the request for an explanation from the employee regarding the fact of absence, follow the dismissal procedure itself. According to the rules of Art. 84.1 of the Labor Code of the Russian Federation, on the last day of work, the employee must be issued a work book and a settlement must be made with him.

In this situation, on the day of dismissal of the employee, according to the order, send him a written notice of termination of the employment relationship, attaching a copy of the order and an invitation to appear in order to receive the settlement amounts and work book. In relation to the work record book, the employee must also be asked to consent to its being sent by mail. Otherwise, the employee, even if he has no objections to the fact of dismissal, will be able to recover from the employer the amount of unpaid wages for the entire time of delay in issuing him a work book (Article 234 of the Labor Code of the Russian Federation), as well as to recover interest for untimely settlements with him (Article 236 Labor Code of the Russian Federation).

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(*1) At the request of interested parties, a person may be recognized by the court as missing if within a year there is no information about his place of residence at his place of residence (Article 42 of the Civil Code of the Russian Federation).

(*2) Ruling of the Moscow Regional Court dated March 22, 2011 in case No. 33-6303. Also see the ruling of the St. Petersburg City Court dated October 20, 2010 No. 33-14351, which states that interested persons who have the right to apply to the court to declare a citizen missing or to declare a citizen deceased may be persons for whose court decision on such an application is the legal basis (prerequisite) for the emergence of their own rights.

Anything can happen in life. Unfortunately, the disappearance of a person for unknown reasons is not such a rarity today. What should an employer do if an employee has disappeared? What to do in such a situation and in what order?

It is impossible to dismiss an employee who does not show up for work without warning until the reason for his absence is established. Maybe he was hospitalized, detained by law enforcement agencies, or there is another serious and valid reason.

Let us indicate what actions of the employer are appropriate in such a situation:

  1. You need to look at the employee’s personal card, find out the phone number and try to reach him or contact his relatives.
  2. If the first step is unsuccessful, a letter (preferably registered with notification) is sent to the employee’s address, in which the employer asks to explain the reason for absence from the workplace. Then, if there is no response from the employee, based on Article 193 of the Labor Code of the Russian Federation, an act is drawn up stating that it is impossible to obtain an explanation.
  3. Next, a request is made to the police about the missing employee. Not only the person’s relatives, but also his colleagues have the right to write a statement at the nearest police department. In response, a notification coupon is given. Information from one department is transferred to another at the place of the last actual stay of the missing person, and search work begins.
  4. If the search for an employee by the police does not produce results for more than a year, you can go to court as an interested party to have the missing person recognized as missing. Base - . The application is drawn up in accordance with Article 276 of the Code of Civil Procedure of the Russian Federation, sample form. It is accompanied by a certificate from the Department of Internal Affairs stating that the search efforts were a failure, as well as all the relevant internal documents of your company confirming the fact that the employee was absent from the workplace.
  5. Only after this, on the basis of paragraph 6 of Article 83 of the Labor Code of the Russian Federation, can the dismissal of an employee who has gone missing be formalized. The order to terminate the employment relationship is drawn up in form T-8, and an entry corresponding to the circumstances is made in the work book. The book is given to relatives.

It is impossible to dismiss an employee who does not show up for work without warning until the reason for his absence is established.

Recording the disappearance of an employee in a company

If your employee does not show up at the workplace during working hours without some kind of warning, you definitely need to record this fact. At the end of the working day, in front of several witnesses (preferably with the involvement of people from other departments or divisions for impartiality), a free-form report is drawn up, which indicates information about the employee and the number of hours he was absent.

In the working time sheet, such days are marked with the letters “НН” or the numerical code “30”. If an employee is announced later and the reason for his absence is clarified, an adjustment sheet with amendments is drawn up. In addition, the clarified circumstances of the employee’s absence, if they were not present, may be grounds for dismissal (articles and the Labor Code of the Russian Federation). In this case, the employer can dismiss his employee on his own initiative on the basis of Article 81 of the Labor Code of the Russian Federation.

If your employee does not show up for work without some warning, you definitely need to record this fact.

For an employer, a missing employee means not only the need to find him, but also an empty workplace and things left without “working hands.” In this situation, the manager can consider several options for exiting the situation:

  • Take over responsibilities temporarily. This is appropriate for small businesses, where subordinate people number in units or tens.
  • Assign responsibilities to another employee by drawing up an additional agreement to the employment contract with him.
  • Take a new person into the team by concluding a fixed-term employment contract with him (), which is terminated as soon as the missing employee appears. In this case, you can agree in writing that, in the event of dismissal of the missing employee, a new one will be hired on a permanent basis.

The clarified circumstances of the employee’s absence, if they were not valid, may be grounds for dismissal.

Special cases of missing employee

An employee who wrote an application for may be fired without working the required 2 weeks, according to Article 80 of the Labor Code of the Russian Federation, by agreement of the parties. If there was no such agreement, and the employee disappeared after the application was submitted, a letter can be sent to the manager demanding an explanation of the reasons for absence at the time required for work, indicating that failure to appear on the day specified by law (the 14th from the date of filing the application) will be regarded as a withdrawal of resignation. Then the employee can be fired for absenteeism on the basis of Article 81 of the Labor Code of the Russian Federation.

If an employee does not return to work after vacation, the fact of his absence must be recorded in the same way as described above, with a report drawn up in front of witnesses. You must first call the employee himself or his relatives and ask if there is a valid reason for his absence.

A missing employee cannot be fired until you have strong documented evidence of him or a court order that he is missing. It is necessary to carry out search work both on our own, through calls and letters, and by law enforcement agencies. Do not forget to record the absence of the employee from his place - without the appropriate acts, dismissal may be regarded as illegal.

  • Trepalov Alexander Maksimovich (10.1918 - 04.1920)
  • Nikulin Grigory Petrovich (1920 - 1921)
  • Freiman Ilya Yakovlevich (04.1921 - 09.1922)
  • Nikolaev Ivan Nikolaevich (1922 - 1924)
  • Emelyanov Vasily Vasilievich (1924 - 1928)
  • Sinat Eduard Karlovich (1928 - 1929)
  • Fokin Fedor Pavlovich (1930 - 1931)
  • Vul Leonid Davydovich (1931 - 1933)
  • Ovchinnikov Viktor Petrovich (1933 - 1938)
  • Rudin Kasriel Mendeleevich (1939 - 1943)
  • Rasskazov Leonid Pavlovich (1943 - 1944)
  • Urusov Alexander Mikhailovich (1944 - 1949)
  • Koshelev Alexey Alekseevich (1951 - 1952)
  • Parfentyev Ivan Vasilievich (1952 - 1962)
  • Volkov Anatoly Ivanovich (1962 - 1965)
  • Burtsev Sergey Petrovich (1965 - 1969)
  • Korneev Vladimir Fedorovich (1969 - 1976)
  • Erkin Oleg Alexandrovich (1976 - 1983)
  • Kotov Vyacheslav Nikolaevich (1984 - 1989)
  • Egorov Anatoly Nikolaevich (1989 - 1991)
  • Fedoseev Yuri Grigorievich (1991 - 1994)
  • Kuptsov Vasily Nikolaevich (1994 - 1996)
  • Golovanov Viktor Vladimirovich (1996 - 2000)
  • Maksimov Evgeniy Timofeevich (2000 - 2001)
  • Trutnev Viktor Nikolaevich (2001 - 2003)
  • Golovanov Viktor Vladimirovich (2003 - 2011)
  • Baranov Oleg Anatolyevich (2011 - 2012)
  • Trushkin Alexander Ivanovich (2012 - 2013)
  • Zinoviev Igor Viktorovich (2014 - 2016)
  • Kuzmin Sergey Nikolaevich (2018 - present)

The history of the creation of the legendary MUR

The Soviet criminal investigation department was founded on October 5, 1918 by a decree of the NKVD of the RSFSR, which approved the “Regulations on the organization of criminal investigation departments,” which set out the foundations of the organization and tasks of this service:

“In various points of the RSFSR, to protect the revolutionary order through the secret investigation of crimes of a criminal nature and the fight against banditry, it is established on the basis of the following provision at all provincial departments of the Soviet workers' and peasants' militia in cities, both district and suburban, with a population of at least 40,000 - 45,000 residents of the criminal investigation department...
All currently existing criminal investigation institutions must be reorganized and changed in accordance with this provision...”

The general management of the local criminal investigation was entrusted to the Central Criminal Investigation Department, organized within the Main Directorate of the Workers' and Peasants' Militia of the NKVD of the RSFSR.

After the October Revolution, the entire staff of the Moscow criminal investigation department, headed by its chief Marshal, remained in place and recognized Soviet power. Experienced specialists who personally know hundreds of criminals by sight, capable of unmistakably identifying a criminal by nickname or “handwriting”, employees of the pre-revolutionary criminal investigation department were highly valued by the leadership of the Moscow police, they were also entrusted with the task of training new employees sent to the MUR from among workers and soldiers and Baltic sailors.

By mid-1918, over 30 large gangs of professional criminals were operating in the capital. In January 1919 alone, they carried out 60 daring armed attacks, accompanied by murders and violence. The bandits sought not only to keep the city population in fear, but also to intimidate law enforcement officials. It became increasingly obvious that banditry was taking on a political character and was beginning to undermine the foundations of statehood.
Already in the early 20s. The criminal investigation department was responsible for solving all crimes that were not of a political nature. In January 1919, on the direct orders of the Chairman of the Council of People's Commissars of Soviet Russia V.I. Lenin is developing a general plan for measures to combat banditry in the new capital - Moscow. According to this plan, all responsibility for the fight against criminal crime was assigned to the Moscow Criminal Investigation Department.

The active work of MUR employees led to the fact that already in 1920 the number of robberies, compared to 1919, decreased by three times, robberies by nine times, and the number of murders decreased by one third. The following were liquidated: the Saban gang, whose members, having learned about the impending detention of their leader, within one day, for no reason, shot 16 police officers in different areas of Moscow; the gang of Zyuzyuki and Kazuli, numbering 34 people, committed armed robberies of the cash register of the Bogatyr factory, the Volzhsko-Kama Bank and a number of companies and cooperatives in the amount of over 2,300,000 rubles, accompanied by casualties; Gusek's gang of 13 people, who killed two police officers during raids; a gang of 20 people who committed a robbery of an artel worker who was carrying 290 million rubles from Narodny Bank, killing and injuring two security guards; gangs of Golitsyn (Prince), Seleznev (Plague), Kapustin and many others. Employees of the police department created at the Moscow Criminal Investigation Department in the early 1920s made a big contribution to the liquidation of gangs and the detention of individual professional bandits. special group to combat banditry. Even among the Murovites, there were stories about the courage and dedication of these people that resembled legends. The employees of this group were constantly between life and death: they went to all operations to defeat gangs and apprehend dangerous criminals, not a single one took place without fierce armed resistance from bandits. The group had its own motto: “Don’t say how many criminals there are, tell me where they are!” And your rule: “If you want to stay alive, be able to shoot better than the bandit and half a second before him.” This is not bravado or bravado. Risking your life for the sake of the lives of others is the civic principle of a MUR employee.
The successes of the Moscow Criminal Investigation Department in the fight against banditry and criminality in 1919 earned it a well-deserved reputation as one of the best investigative agencies in the country.

The names of the first head of the MUR, Alexander Maksimovich Trepalov, a former Baltic sailor (under the guise of a criminal, he infiltrated the Khitrov Market gang of 83 (!) people, which allowed the Murovites to liquidate it with one blow) and his associates have become legendary: V.M. Saushkina, P.G. Sekacheva, I.T. Golikova and D.S. Sharomentova. It was they and their comrades, neglecting danger, forgetting about rest, who tracked down and neutralized the bandits, who often surpassed them in weapons, and most importantly, in experience. It was they who laid down the traditions sacredly revered by all generations of Murovites.

A significant contribution to the development and enhancement of these traditions was made by professionals of the highest class, such as I.A. Svitnev, who distinguished himself in 1918 while searching for criminals who stole valuables from the patriarchal sacristy of the Moscow Kremlin, and was considered in the 30s. one of the most experienced and talented employees of the Moscow Criminal Investigation Department, assistant to the head of the Moscow Criminal Investigation Department A.P. Panov, who with his colleagues neutralized the Kotov gang, which was responsible for more than ten robberies with murders, including the murder of the Morozov family of 6 people.

Unfortunately, the detention of criminals was not always without losses. Only in the period from 1917 to 1922 in Moscow, 12 criminal investigation officers died in the line of duty.

In 1940, there was a change in the organization of criminal investigation activities. According to the order of the NKVD of the USSR, all criminal investigation apparatuses were obliged to reorganize operational and official activities along a linear principle. Operative workers were divided into groups to combat specific types of crimes. Deepening specialization created the preconditions for improving crime prevention.

In the MUR, 11 departments were created specializing in the fight against certain types of crimes, the staff was increased, and a special operational detachment was placed at the disposal of the department. Based on the conditions of the aggravated international situation and the threat of war, a paramilitary battalion was also created, consisting of three combat companies, a team of motorists, a platoon of scooter riders (cyclists) and a machine gun company. L.D. was appointed the first battalion commander. Vul.

During the Great Patriotic War, a significant part of the leadership and operational staff of the Moscow Criminal Investigation Department joined the ranks of regular units of the Red Army, partisan detachments and fighter battalions that successfully operated behind enemy lines. The military situation left its mark on the nature of crime. Food difficulties caused by the war and the introduction of a food rationing system once again revived crimes that Muscovites had not seen for many years. Among them are armed raids on food stores, warehouses, bases, theft of food products, forgery of food cards, and new types of fraud. The Murovites considered one of their most important tasks to be identifying thieves of food cards who doomed their victims to starvation. Thus, MUR employees detained a certain Ovchinnikova, who committed more than 60 thefts of cards.

For several war years, the Moscow Criminal Investigation Department was headed by K.M. Rudin, who had vast experience in security and investigative work behind him. Awarded the Order of the Red Banner and the Badge of Honor, he himself periodically took part in operations to apprehend dangerous criminals. His deputy was the legendary Grigory Tylner, who began serving in the Soviet criminal investigation department back in 1917, rising through the ranks from agent to deputy head of the department. Together with his colleagues in the fall of 1941, at the request of counterintelligence "Smersh", he found a German encryption machine, which was of great value to the military command, which was stolen (as it later turned out, by hungry children) from a truck during transportation, and, thus , saved the entire convoy accompanying the cargo from the inevitable verdict of the tribunal.

In October 1941, under the leadership of Tylner, a gang of Shablov brothers of 15 people, engaged in armed raids on food warehouses, was liquidated.

In 1942, the Murovites neutralized the Gypsy gang, which included 10 people. The gang “cleared” the apartments of Muscovites evacuated or called up to the front. Similar gangs for 1942 - 1943. More than 10 were identified and detained. The work of identifying enemy spies and rocket launchers who helped the Germans with light signals during air raids took a lot of time and effort from MUR employees. During the war years, MUR employees neutralized many Nazi agents, signalmen, deserters, paratroopers, and other enemy collaborators.

In the difficult post-war period, the operational situation in the capital was complicated by the fact that the population had a lot of firearms in their hands. Touring criminals from almost all regions of the country flocked to the city. Unjustified mass amnesties for criminals also played their unseemly role. In this regard, the example of the criminal-swindler Vaisman is typical. A pickpocket from the age of ten, from 1923, he was engaged in thefts in various cities of the country, he was convicted 9 times, escaped from prison 7 times, and during his last escape his legs were frozen, as a result of which they were amputated. In 1945 he was released from the camp. Having received disability, Vaisman changed his criminal classification and began to engage in fraud. Under the guise of a twice Hero of the Soviet Union, who was injured during the capture of Berlin, he sought a reception from the heads of various ministries. At the same time, Vaisman, armed with fictitious certificates, introduced himself as a former employee of an enterprise of this ministry and asked to be given benefits. The total amount of benefits that he received from various ministries and departments amounted to a significant amount in money and material assets. In May 1947, he was detained by MUR officers during a similar visit to the Ministry of Heavy Engineering.

The grave legacy of the war was child homelessness, which created fertile ground for the growth of crimes among young people. At the end of 1945, hooliganism intensified among street teenagers, who intimidated the population by throwing notes warning about the upcoming raid of the Black Cat gang (crushed by the Moscow Criminal Investigation Department back in early 1945), causing fear among the population of an allegedly existing strong criminal gang.

On December 14, 1945, having committed a burglary on the street. Usachev, the criminals left a note with the following text: “Took by the Black Cat.” As a result of the work carried out, a criminal group consisting of 5 people was detained. On December 17, 1945, a gang of robbers led by V.P. Orlov and calling herself “The Black Cat from Kharkov,” committed an armed robbery at the Karyagins’ apartment. Murovites detained four people in this case.

At the beginning of 1947, Moscow was literally hit by a wave of thefts from prestigious hotel rooms. Here are just a few of them: on March 3, 5,500 rubles, 2 gold rings, 2 medallions, a silver bracelet, expensive binoculars and a camera were stolen from the room of an employee of the Czechoslovak embassy at the National Hotel; On March 17, in the Savoy, pearl cufflinks and a set of seven gold items were stolen from the room of a French trade advisor; On April 6, a briefcase containing documents from one of the country’s most important factories was stolen in “Europe.” The latest episode forced the MUR employees to especially intensify the search for thieves. As a result, on April 21, while committing a theft at the National Hotel in the room of the Brazilian Ambassador, a certain Rzhepetsky was detained, from whom, during an inspection, things and valuables worth more than 4,000 rubles stolen in the room were seized, and in the hotel lobby the Murovites detained citizen Semenova, his cohabitant and Rzhepetsky’s active assistant in the sale of stolen goods.

In May 1948, MUR operatives neutralized the Kachalin and Narizhny gang of 12 people, which in 1947-48. committed a number of armed robberies of savings banks and stores.

In 1951, the Murovites uncovered the theft of a large sum of money from the cash register of the Central House of the Soviet Army. 460,000 rubles were stolen. Within a few days, carefully collected evidence exposed the chief accountant of the CDSA financial department of the crime. In the second half of 1951, the MUR solved 82.3% of crimes committed in Moscow.

In 1953, Mitin's gang of six people, which was involved in raids on stores, was liquidated. The description of the gang's activities amounted to 14 volumes of the criminal case. Eight victims were killed, three were seriously injured, more than ten people suffered serious mental injuries and lost their ability to work. The state suffered damage amounting to more than 300 thousand rubles. The leader of the gang and his first assistant, Samarin, were sentenced to capital punishment, the rest to long terms of imprisonment.

In 1963, a particularly dangerous criminal, Ionesyan, was identified and detained, who committed the murders of three teenagers, two elderly women, rape and the attempted murder of a 15-year-old schoolgirl in Moscow and Ivanovo for the purpose of robbing apartments. According to the court verdict, Ionesyan was shot.

In 1968, several particularly brutal murders of minor girls were committed with preliminary rape. The corpses of two of them, students of the Moscow Energy Institute, were found in the attic of the educational building. In addition to operatives, the group for solving these crimes included 23 NTO experts. As a result of many months of work, 30-year-old Gusakov was detained, who confessed to five murders with rape, committed by him over the course of 4 years. In addition, he was accused of attempting to commit a similar crime against two more girls, which did not take place due to the desperate resistance of the latter. The court sentenced V. Gusakov to death. The sentence has been carried out.

In the 70s In the activities of the Capital Criminal Investigation Department, the principle of specialization of employees in the main areas of work was introduced. Instead of the previously existing departments, criminal investigation departments of the police department were created. In order to disseminate and implement best practices, the UUR issued methodological recommendations and held meetings and seminars. The department organized an internship for young employees of the Department of Internal Affairs. The MUR continued to wage a daily war against crime.

On November 3, 1973, a Yak-40 aircraft was hijacked in the air near Moscow. There were four criminals, all armed. There were wounded among the passengers; a flight mechanic who resisted the bandits was seriously wounded. The plane was landed at a Moscow airfield. The capture group of MUR employees was headed by Captain Popryadukhin. The operation to neutralize the criminals took ten minutes. During a fierce firefight, one of them was killed, another was wounded, and the rest surrendered. By decree of the Presidium of the Supreme Soviet of the USSR, Popryadukhin was awarded the title of Hero of the Soviet Union.

The undoubted successes of Moscow detectives include: the detention of the Karpukha (Filin) ​​gang, which robbed visitors to Moscow, and was responsible for more than 20 episodes of robberies; uncovering the explosions in 1975 at the Pervomaiskaya metro station and on Lubyanka Square, committed by a gang of Armenian terrorists; detention of Kalachyan’s gang of thieves of 5 people who committed the theft of 1.5 million rubles from a bank in Yerevan in 1977; exposing a criminal group of drug addicts who robbed emergency doctors; solving thefts from the apartments of Oistrakh, Shestokovich, the robbery of the house-museum of Alexei Tolstoy and much more.

One of the most notorious crimes of the early 80s was the theft from the apartment of the writer and academician A.N. Tolstoy, where paintings by Dutch masters, sculptures, unique candlesticks, gold and diamond jewelry were stolen. The group to solve this crime included the best detectives from Murovsk, headed by the deputy head of the MUR, police colonel A. Gelfreich. Thanks to the high professional skills of the employees, the organizers of the theft - the photographer of the Literary Museum Vitkauskas and his friend Loginina - were detained literally in a matter of days. In total, 8 people were involved in the theft (including two perpetrators) - they were detained in Leningrad, Odessa, Baku and Chisinau.

The operational and official activities of criminal investigation officers are constantly being improved, the forms and methods of fighting crime are changing. So, in the late 80s. a department for combating organized crime is created at the MUR, subsequently reorganized into the Regional Directorate; The function of combating prostitution was excluded from the field of activity of the criminal investigation.

Eras change, political priorities change, but the legendary MUR continues to selflessly resist crime, uphold and defend universal human values. After a period of relative stability (from the mid-50s to the mid-80s), the time came for socio-political and socio-economic changes in the country, which negatively affected the operational situation in the capital.

Since 1985, the quantitative and qualitative characteristics of crime have undergone significant changes. To a greater extent, her condition began to be determined by grave and especially grave types of criminal attacks. In this regard, permanent investigative and operational groups were created to solve premeditated murders committed in conditions of non-obviousness, which included employees of the city prosecutor's office and the Moscow Criminal Investigation Department. Their role was to directly ensure a high-quality inspection of the crime scene, detection, recording and removal of traces of the crime, work in hot pursuit, as well as to solve murders of past years, the cases of which were suspended.

Organized criminal groups, the rapid professionalization of the criminal world, the increasing armament of the population, and the emergence of facts of criminal terror have an increasing influence on the state of the operational situation.

Among modern criminals there is a large percentage of people with higher education, even legal education, highly qualified specialists in all fields. At their service are high-speed cars, night vision devices, and listening devices. Weapons of all systems are in use - from automatic to grenade launchers. Contract killings, extortion, and kidnapping of children for ransom are becoming widespread. Explosives are increasingly used for physical elimination.

Crimes that were previously uncharacteristic of our society have appeared. Back in 1993, not a single case of banditry was registered, and in 1997, the capital’s law enforcement agencies were already investigating 33 such cases.

In conditions of social and political instability, the internal affairs bodies were subjected to structural organizational restructuring, which caused a significant outflow of experienced and most professionally competent criminal investigation officers. However, despite significant material and, mainly, moral costs, the modern Criminal Investigation Department has preserved the professional core of the service and the traditions laid down by the older generations of Murovites.

In recent years, the Moscow region has been overwhelmed by a flood of firearms. Criminal gangs, foreign and homegrown traders, traitors from among the military - all seek to enrich themselves by supplying weapons to criminals. It is impossible to predict how many crimes, how many contract killings and deaths of innocent victims were prevented by criminal investigation officers by identifying and exposing criminals, seizing dozens of firearms and thousands of ammunition from illegal circulation.

The 90s will be marked in the glorious history of the Moscow Criminal Investigation Department by a large number of successfully carried out operational combinations to defeat a number of organized criminal groups and the arrest of their leaders, the liquidation of armed gangs that specialized in contract killings.

In April 1995, an organized criminal group led by a resident of Novokuznetsk, Barybin (aka Shkabara), was exposed. The criminals are responsible for 42 murders in various regions of Russia, including 5 in Moscow and 6 in the Moscow region. 19 weapons and a large amount of ammunition were seized from members of the criminal group.

In 1997, an interregional gang of criminals consisting of residents of Moscow, Moscow, Nizhny Novgorod, Chelyabinsk and Arkhangelsk regions was defeated, which in 1993-1997. committed 7 murders and a number of other serious crimes. At the same time, the activities of the so-called Shcherbinsk criminal group were suppressed. The following were seized from her arsenals: 2 AK-74 assault rifles, 2 pistols, 5 grenades, and more than two thousand rounds of various calibers. The bandits were convicted of murdering 11 people.

In addition, during this period, a number of crimes were uncovered that received a wide public response (the murder of the chairman of the Russian Foundation for Disabled Soldiers of the War in Afghanistan M.A. Likhodey, the double murder of the directors of the Moscow Fan Plant, the murder of the chairman of the Hockey Federation Sych, etc.).

November 10, 1996 at the Kotlyakovskoye cemetery during a memorial service at the grave of M.A. Likhodeya there was a powerful explosion, which killed 12 people and seriously injured 17 people. Almost the entire leadership of the capital’s police department, the prosecutor’s office and the FSB, as well as representatives of most domestic and foreign media, went to the scene of the incident. The examination showed that the power of the explosion in TNT equivalent was 2.5 kg. This crime was vigorously discussed on the front pages of newspapers and in television reports. To solve it, a headquarters was created, in the work of which many detectives from the MUR were involved from among the most experienced employees. With their active participation, in 1997, the persons involved in the commission of this terrorist act were identified. Currently, some of them are detained and are under investigation.

For a long time, all the forces of the Moscow police were concentrated on searching for a sexual maniac who literally terrorized the population of the city and committed rape of minors in elevators. As a result of painstaking work, citizen Bosarev was detained and convicted of committing 74 crimes.

In 1994, during active operational search activities, Murovites detained citizen Chaika, who, while in manic-depressive psychosis, attacked women dressed in fur coats. Chaika is convicted of murdering 4 women.

In December 1997, the Losinoostrovsky maniac was neutralized. His “adventures” caused a wide resonance in the press. 16-year-old Alexander Ershov lay in wait for women in the evening on the deserted alleys of the Losiny Ostrov park. He attacked unexpectedly, stabbed them several times, then undressed them and took away valuables and money. He has murdered 6 women and one attempted murder. A woman approached the police, who were intensively patrolling the area, and reported that she had been attacked by a young man who had wounded her with a knife. The information was immediately transferred to the headquarters for solving these crimes, which was headed by the deputy head of the Moscow Criminal Investigation Department, Vladimir Budkin. Task forces from the Moscow Criminal Investigation Department and the patrol service immediately left to search for the criminal. Half an hour later, Ershov was detained.

Crimes related to car theft have caused significant public outcry and dissatisfaction among Muscovites in recent years. But the painstaking daily work of the MUR detectives is bearing fruit here too. Over the course of nine months in 1996, the criminal group of Daurbekov - Torzhkhoev was developed, exposed in committing 33 robbery attacks on drivers in order to seize cars of expensive and prestigious brands. At the beginning of 1998, Murovites neutralized a similar group led by Sultygov, which included more than 7 people. Since 1995, this group has committed more than 30 robberies and car thefts, many of which belonged to various government agencies, including the Administration of the President of the Russian Federation. The investigation into this case has not yet been completed and, apparently, will take more than one month.

Since February 1998, cases of disappearances of people who were leaving to sell their cars have become more frequent in Moscow and the Moscow region. In April, an operational investigative group was created from among employees of eight departments of the Moscow Criminal Investigation Department, the State Traffic Inspectorate and several Moscow prosecutor's offices. In the course of processing information received from relatives of the missing, detectives established a car service located on Projected Passage, called “Autolux”, where one of the wanted people could go. When inspecting the hangar, Murovites found traces of blood and one magazine from a TT pistol with cartridges. The car service center was placed under increased surveillance. On the night of April 29, the general director and two mechanics of Autolux were detained near him. The next day, during excavations on the territory of the service, a “burial ground” was discovered, from which the corpses of 10 car owners who were on the wanted list were removed. In total, 5 people were detained in this case, accused of 11 murders with the aim of taking over cars.

Increasingly, police officers became victims of criminals. Solving such crimes and bringing bandits to justice becomes a matter of honor for the Murovites. On July 31, 1997, while repelling a robbery attack on the office of Orbital LTD, three police officers were killed. This crime was solved in a short time. A close-knit, organized gang with a clear structure consisted of 17 people, 15 of them were detained, the rest were put on the Federal wanted list. Gang members were convicted of committing 5 more robberies during 1996-1997.

Russian crime is increasingly reaching the international level. The Moscow Criminal Investigation Department is also responding adequately to the changes taking place. In 1996, together with the Main Directorate for Criminal Investigation of the Ministry of Internal Affairs of the Russian Federation and the criminal police of Brussels, two opposing criminal groups were neutralized, which during the period 1992-1995. committed 11 contract murders and attempts (including 2 using explosive devices). The motives for the crimes are the division of spheres of influence and profit from the sale of petroleum products. The following were confiscated from the criminals: 18 units of rifled firearms, over 6 thousand cartridges.
The history of the world investigation will include the neutralization of the thieves of unique books from the State Historical Library and two unique violins made by the masters Stradivarius and Steiner from the State Central Museum of the History of Music. Glinka in Moscow. Only the skill of the Murov detectives, appreciated in the telegram of gratitude from the President of Russia, made it possible to return their cultural heritage to the people.

In 1999, detectives from the Moscow Criminal Investigation Department detained the organizer and several active members of Astapov’s gang on suspicion of committing a number of murders and fraudulent actions in order to take over the apartments of Muscovites. The case was transferred to the Department for Investigation of Banditry and Murders of the Moscow City Prosecutor's Office. Soon the rest of the gang members were detained, among whom were police officers, house management workers, passport officers, notaries, relatives of the suspects and two employees of the Timiryazevets sports and shooting club, who supplied Astapov with ammunition and weapons. During the searches, operatives seized an “arsenal” of criminals: a Makarov pistol, a “TAURUS” revolver (Brazil), a “Nagan” system revolver, a “Saiga-410K” carbine, a foreign-made double-barreled rifle of an unknown model, “Izh-27” hunting rifles, single-shot rifle "TOZ-8", gas pistol, 35 cartridges of 410 caliber, 3 homemade cartridges, 95 cartridges for a hunting rifle, 6 cartridges for a Browning, 51 cartridges for an AKM. By 2003, investigators managed to collect evidence for twenty murders. As a result, 16 gang members ended up in the dock. In 2002 and 2005 they were sentenced to terms ranging from 9 to 25 years in prison.

In December 2003, the 11th Department of the Moscow Criminal Investigation Department received 250 statements from citizens that the Niko-Tours company had taken possession of their funds (more than $1 million), which they paid for New Year's tours to exotic countries (Caribbean countries). The mechanism of the crime was as follows: the company received full advance payment for the tour by providing fake tour confirmations from abroad; A time was set for receiving all the necessary documents for the trip, but the company was moving out the day before. The issuance of vouchers and travel tickets was scheduled for December 27, but on December 26 this company moved out of its office located on Sadovaya-Kudrinskaya Street, 23, building 5, taking all office equipment and documentation. The only thing left in the room was a bag for New Year's gifts, filled with clients' foreign passports. When checking the documents that were used to obtain the license, it turned out that the diplomas and work books of the founders of Niko-Tours were fake. During the work on the criminal case initiated in January 2004 (on the fact of fraud on an especially large scale, Article 159 Part 4 of the Criminal Code of the Russian Federation), the organizers of the Niko-Tours company were identified, who about 2 months ago decided to organize a new travel company "Bars-trade" to organize trips to the 2004 European Football Championship in Portugal. For this purpose, new employees were selected and an office was rented in the center of Moscow at the address: Soimonovsky lane, 7, building 1. The crime scheme was the same. There are 10 known casualties, and more than $150,000 worth of damage was caused. Over the course of several months, the evidence necessary to bring the perpetrators to justice was collected.

On April 21, 2004, employees of the Moscow Criminal Investigation Department and the Investigation Department of the Investigative Committee under the Ministry of Internal Affairs of Russia in the Central Federal District suppressed the activities of an international organized criminal group and detained its active participants: Vadim Feliksovich Shur, born in 1961, native of Tashkent, previously convicted in 1998 under Art. 159 part 3 of the Criminal Code of the Russian Federation, general director and Andrey Valentinovich Shchegolev, born in 1967, native of Tallinn, resident of Estonia, director.
During the searches, documents were discovered for the organization of a new travel company, which was supposed to organize tours to the Olympic Games in Athens in the summer of 2004 according to the same scheme.

In February 2001, during a joint operation between the Spanish police and the Moscow Criminal Investigation Department in the suburbs of Barcelona, ​​in a private house, the leaders of the Orekhovskaya organized crime group, Sergei Butorin, nicknamed Osya, and Marat Polyansky were detained. A year later, the same fate befell Oleg and Andrei Pylyov, the leaders of the friendly Medvedkovskaya organized crime group. In total, since 1998, MUR operatives have detained more than 40 active members of both groups; during the investigation, 44 murders were solved and a huge amount of weapons were seized.

The first sentence for the gang members was handed down in August 2005, when 11 of its members were sentenced to sentences ranging from 4 to 24 years in prison. On September 27, 2006, based on the jury’s verdict, Oleg Pylev’s brother Andrei was sentenced to 21 years in prison, including for the murder of the hired killer Alexander Solonik and his girlfriend Svetlana Kotova. In April 2007, the court found the guilt of the gang members fully proven, sentencing Oleg Pylev, Oleg Mikhailov and Sergei Makhalin to life sentences; the rest of the gang received sentences from 5 to 11 years in prison.
Sergei Butorin and Marat Polyansky are now serving their sentences in Spanish prisons. When detained, they resisted, and during a search, weapons were confiscated from them. A Spanish court sentenced them to eight years and eight months in prison. When the sentence in Spain expires, they will meet with Russian justice.

Carrying out operational activities. Its activities are regulated by Federal Law No. 144.

Work specifics

An operative officer may be an official of a department or ministry. In general, the official activities of employees of various authorities have similar features. The main difference between an operational employee of a criminal investigation agency is that he has certain powers that allow him to conduct undercover and operational investigative activities. This work involves a number of activities related to data collection and surveillance. Therefore, these employees are not subject to appearance requirements. In particular, a criminal investigation officer may wear civilian (everyday) clothing. The materials that are examined by employees are classified as "Soviet secret" and "secret". The information contained in such cases is not subject to publication or disclosure.

Procedural status

The position of “criminal investigation officer” was introduced for the first time in the Cheka of the GPU NKVD after 1918. In the Soviet police, its name was changed. At that time, the detective was called a criminal investigation inspector. In the early 80s, the name introduced earlier was returned. The procedural status of the employee is similar to that of an official of the inquiry body, who has the right to carry out a preliminary investigation in the appropriate form. Therefore, the criminal investigation officer can check received reports of crimes and make decisions within the framework of Art. 144-145 Code of Criminal Procedure.

Intra-service status

The legislation provides for various job options. Thus, senior detectives can work in the relevant departments or on particularly important cases. Such positions indicate the internal service status of persons and give the right to be awarded military or special ranks. In this case, the legal status of all employees is the same. Due to the large volume of handwritten documents that employees draw up, abbreviations are adopted in their work: “OUUR”, “o/u”, “OU UR”, etc. to designate the position. For example: “art. o/u UR for ATS” means “senior criminal investigation officer for particularly important cases.”

Certification

In the Department of Internal Affairs and the Penitentiary System of the Russian Federation, a criminal investigation officer may have the rank of police captain (internal service). Other positions provide for a more senior position. In particular, a senior employee may be promoted to the rank of major, and an employee working with particularly important cases may be promoted to lieutenant colonel.

Junior specialists

This position is also provided for in the Department of Internal Affairs. The junior detective works in the command staff of the Department of Internal Affairs of a number of units, including transport. They mainly engage in detecting pickpockets through personal investigation. This position provides for the assignment of a title up to art. police warrant officer.

Responsibilities of a criminal investigation officer

The employee’s activities include the following activities:

  1. Inquiry.
  2. Observation.
  3. Collection of samples for subsequent comparative study.
  4. Studying documents and objects.
  5. Test purchase.
  6. Personal identification.
  7. Operational experiment.
  8. Inspection of structures, vehicles, areas of territory, premises.
  9. Wiretapping of telephone conversations.
  10. Control of telegraph and other messages, postal items.
  11. Operational implementation.
  12. Retrieving information from technical channels.
  13. Controlled delivery.

Reasons for holding events

Investigative officers carry out their activities in connection with:

1. Initiation of criminal proceedings.

2. Obtaining information about:

  • Signs of an illegal act being committed, being prepared or already committed or persons participating in it, if there is not enough data to initiate a case.
  • Events or behavior that pose a threat to the environmental, economic, military or state security of the country.
  • Persons evading responsibility, hiding from the courts, investigators, and inquiries.
  • Citizens missing.
  • Discovered and unidentified corpses.

3. By order of the investigator, inquiry officer, court ruling, instructions of the prosecutor in cases under criminal proceedings.

4. Requests from other services operating within the area under consideration in accordance with the law.

5. Resolution on the application of security measures in relation to protected subjects.

6. Requests from international law enforcement agencies of foreign states within the framework of relevant treaties.

Criminal investigation officer: salary

It should be said that the activities of employees occupying the position in question are constantly associated with mental and physical stress. Employees, in addition, are in quite dangerous conditions. Employees are often threatened. When posting vacancies within this profession, candidates are required to meet certain requirements. The main ones are compulsory military service and higher education (legal). Payment for the work of an investigator usually depends on the region. For example, in the Moscow region, the minimum salary of an employee is in the range of 40-45 thousand rubles, in other regions - 10-15 thousand less.

Conclusion

Work in internal affairs bodies is considered prestigious and interesting. However, there is also quite a lot of routine in activities. This profession is suitable for those who are not afraid to face difficulties, danger, and want to fight crime. The detective must be active, observant, able to quickly respond to messages, and carefully study materials and information. He must have well-developed logical thinking. In your work, it is also important to pay attention to the rules for drawing up documents and the order of carrying out certain events.

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