scholarly journals SOME PROBLEMATIC ISSUES OF LEGISLATIVE AND APPLIED IMPROVEMENT OF THE INITIAL STAGE OF PRE-TRIAL INVESTIGATION

2019 ◽  
pp. 47-53
Author(s):  
A. Yukhno
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Initial Stage ◽  
State Construction ◽  
Procedural Problem ◽  
Points Of View ◽  
Anglo American

The author of the article conducts a comparative analysis of the previous and existing criminal procedural legislation of Ukraine regarding the procedural institution of starting criminal proceedings. Certain gaps and inconsistencies in the current criminal procedural legislation of Ukraine on these issues which cause justifiable complaints from all participants in the criminal proceedings are identified. The author analyses genesis, individual scientific points of view and the state of discussion among scientists and practitioners in this direction, as a result of which it is established that the problematic issues raised in the article are not resolved theoretically and in an applied aspect, including the previous and in the current criminal procedural legislation of Ukraine. In the context of the issue under consideration, the legislation of foreign countries is examined including post-Soviet states, Anglo-American and Roman-German legal families. As a result, many Ukrainian scientists have concluded that the foreign experience cannot be applied in national legislation without taking into account the national peculiarities of the legal system of Ukraine, the historical traditions of state construction, the level of professionalism and legal awareness of those who apply legislation, the mentality of the population and other factors. Moreover, the author pays paid attention to the study of discussion questions on the grounds and reasons for resolving the procedural problem of issuing a resolution when instituting criminal proceedings and when making statements and reports on committed criminal offenses in to the single register of pre-trial investigations, as well as refusing to register on these issues. The author makes some suggestions for improving the existing criminal procedural legislation and the regulatory framework in the context of the issues discussed.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals EXPERIMENTAL INVESTIGATION THROUGH THE PRISM OF FOREIGN EXPERIENCE

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Oleksandr Haborak ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Traditions ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
General Order ◽  
Simplified Procedures ◽  
Organizational Features ◽  
Procedure Codes

The article analyzes the organizational features and legal regulation of the stage of pre-trial investigation in such countries as Germany, France, Sweden, Estonia, Kazakhstan, Moldova, Russia. The study of criminal procedure legislation of certain countries and its application in practice suggests that there is a tendency to optimize the pre-trial investigation. Most of the considered foreign countries in the construction of simplified procedures for the investigation of minor crimes along with objective factors (low degree of public danger of the act, the obviousness of the crime, the admission of suspects (accused) of their guilt) also proceed from such conditions as equality of arms, awareness and voluntariness of the decision of the suspect (accused) on simplification of criminal procedure, provision of a reasonable level of guarantees of the rights of participants of criminal proceedings, preservation of the general order. Analyzing the pre-trial investigation in different countries, it was concluded that in these countries there are attempts both to approve the common standards of criminal procedure and to preserve their national legal traditions. Ukraine is in the process of reforming its pre-trial investigation bodies. On July 1, 2020, Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses" (as amended) entered into force, aimed at humanizing criminal proceedings in accordance with European legislation. Today, our state has already moved from the stage of adopting legislative initiatives to the consistent implementation of the provisions of this Law, which are enshrined, in particular, in the Criminal and Criminal Procedure Codes of Ukraine. In this regard, the positive experience of the studied foreign countries (especially such post-Soviet countries as Estonia and Kazakhstan, which have a common past with Ukraine and which have already made successful steps in this area) will be useful for domestic professionals to qualitatively and timely eliminate all conflicts and gaps that arise during the application of the Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses", make all necessary relevant decisions, and thus increase efficiency pre-trial investigation bodies.

Operational and investigative characteristics of bribery and coercion of a witness and victim to give false testimony

2020 ◽  
Vol 2020 (4) ◽  
pp. 164-173
Author(s):  
Galina Panchishnaya
Keyword(s):  
Comparative Analysis ◽  
Systems Approach ◽  
Criminal Responsibility ◽  
Scientific Development ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Scientific Methods ◽  
Criminal Offenses ◽  
Theoretical Significance ◽  
General Scientific

One of the acute problems that have a significant impact on the effectiveness of criminal proceedings is the problem of unlawful influence on the witness and the victim. The disclosure and investigation of the aforementioned criminal offenses is increasingly accompanied by active opposition from interested persons who commit unlawful acts against the witness and the victim, accompanied by particular cruelty and cynicism. Bringing these persons to criminal responsibility is often hampered by the pressure exerted on the witness and the victim in the form of bribery and coercion to give false testimony. Revealing bribery and coercion of a witness and a victim to give false testimony for operational-search science and practice is a significant problem, the solution of which mainly involves the involvement of forces and means of operational units of the internal affairs bodies. It is quite logical that the study of crimes, carried out from the standpoint of the operational-search science, presupposes the formation of the operational-search characteristics of the considered category of crimes. The purpose of this study is a comprehensive scientific development of the main elements and the concept of operational-search characteristics of bribery and coercion of a witness and a victim to give false evidence. To achieve the intended goal, the author needs to solve the following tasks: to analyze the concept of the operational-search characteristics of crimes, to determine its main elements; to summarize and analyze the operational-investigative practice of bribery and coercion of a witness and a victim to give false testimony; analyze generalized data on the most typical operatively significant signs of a crime in the category under consideration. The study is based on the use of general scientific techniques and methods (logical-legal, systems approach, analysis, synthesis, etc.) and specific scientific methods (polling, questionnaires, content analysis of documents, interviewing, comparative analysis, etc.). The theoretical significance of the study lies in the fact that by studying the features of the operationalsearch characteristics of bribery and coercion of a witness and a victim to give false testimony, the author can make a certain contribution to the development of the theory of operational-search activity.

Features of legal regulation of the institute inquiry in the legislation of Ukraine and foreign countries

2021 ◽  
Author(s):  
Maryna Vandzhurak
Keyword(s):  
Czech Republic ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
The Czech Republic ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The Republic ◽  
Simplified Procedure ◽  
Simplified Form

Problem setting. This article examines the legal regulation of the institute of inquiry in Ukraine and abroad. It is concluded that the institution of inquiry in foreign countries is inherently different from the national form of pre-trial inquiry, but has some similarities. In particular, the differences are in the establishment of different terms of pre-trial investigation, the subjects of the criminal investigation procedure, the specifics of the use of additional evidence, the presence of a mandatory condition – a guilty plea to the suspect, the prosecutor’s participation in the proceedings. The author identifies common features and differences of the institute of inquiry in Ukraine and other countries, which in turn allows to identify ways to improve existing legislation. The purpose of the article is to compare the legal regulation of the institution of inquiry in the current criminal procedure legislation of Ukraine and similar pre-trial investigation procedures in France, Germany, Austria, the Czech Republic (here in after – the Czech Republic), the Republic of Poland (here in after – Poland), Great Britain, Belarus, Kazakhstan in order to identify positive features in order to improve it. Analysis of recent researches and publications. The scientific works of Ukrainian scientists: N. I. Brovka, S. I. Simakov, O. V. Kerevych, K. B. Kalinovsky, etc. are devoted to the study of various aspects of inquiry in foreign countries. However, due to the lack of thorough research on the comparative analysis of the legal regulation of the institution of inquiry, as a simplified form of pre-trial investigation, with other countries, there is a need for such an analysis and highlight the positive aspects. Articles main body. The institute of inquiry belongs to a simplified form of pre-trial investigation, which speeds up the trial in order to ensure greater efficiency of the criminal justice system and reduce costs. Thus, the investigated form of pre-trial investigation came into force on July 1, 2020 in criminal procedure legislation, in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain Categories of Criminal Offenses” № 2617-VIII of 22.11.2018. The need for inquiry as a simplified form of criminal proceedings is due, in particular, to the heavy workload of investigators (for example, the National Police) in cases of minor crimes, which are now called criminal offenses. Inquiry is conducted during the investigation of criminal offenses, special subject – the connoisseu of the subdivisions of the inquiry or the authorized persons of other subdivisions; inquiry is carried out in a short time – 72 hours in case of notification to the person on suspicion of commission of a criminal offense. Additional sources of evidence in criminal proceedings on criminal offenses, in addition to general sources of evidence, are also explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technical means that have the functions of photography and filming, video or photo and filming, video recording. The procedure of simplified investigation of minor criminal offenses operates successfully in many foreign countries, in particular in the French Republic, the Kingdom of Spain, Kazakhstan, Germany, Austria, the Republic of Belarus, the Czech Republic, Poland. The simplified procedure in Poland does not apply to: – accused persons deprived of liberty, except in cases of prior arrest to the perpetrator of certain types of crimes; – minors; deaf, dumb or blind; – in the presence of reasonable doubts about the sanity of the suspect; – if the person does not speak Polish. The bodies investigating cases under the simplified procedure are the police, as well as other bodies authorized to conduct investigations (Article 471). The total term of the simplified investigation is 1 month. Regarding the legal regulation of the institute of inquiry in Austria, it should be noted that the preliminary investigation is carried out only in the form of inquiry. Immediate investigative actions related to the identification of the perpetrator, as well as other circumstances, are conducted by the police before the initiation of a criminal case and end with the transfer of all materials to the prosecutor. At the same time, the body of inquiry is authorized to carry out any investigative and operative-search actions (which is unique in comparison with Ukraine). It should be noted that a comparative analysis of the criminal procedure legislation of foreign countries allows to state the existence of a tendency to improve the pre-trial investigation towards its simplification. In international activities in the field of simplification of criminal procedure, there is a direction to adhere to such forms of justice that would optimally take into account the gravity of the crime, the consequences that may occur as a result. It is as a result of such simplification of criminal proceedings that it is possible to ensure procedural savings of forces, time and resources of participants in criminal proceedings. Conclusions and prospects for further research. As for the overall impact of criminal offenses on the criminal justice system, it should be agreed that it is mostly positive. The system itself has become more humane as the number of detentions has decreased and the number of precautionary measures applied during the investigation has been minimal. This is one of Ukraine’s important commitments to the Council of Europe. The average length of a pre-trial investigation has accelerated by about half. This article will be useful for scholars studying the features of forms of pre-trial investigation, as it contains a comparative study of the institute of foreign inquiry and national criminal procedure law. Attention is also focused on some problematic issues related to the simplified form of pre-trial investigation. It can serve as a springboard for scientists to further research the institute of inquiry.

scholarly journals ШЛЯХИ ВДОСКОНАЛЕННЯ ПОЧАТКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ

2019 ◽  
Vol 13 ◽  
pp. 175-184
Author(s):  
Ю. П. Аленін
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Initial Stage

Стаття присвячена дослідженню проблем початкового етапу стадії досудового роз­слідування — нового процесуального інституту, який введений замість процедури пору­шення кримінальної справи, що існувала. Об'єктом дослідження є позитивні та негативні аспекти появи пропонованого новим КПК України процесуального порядку початку до-судових розслідувань кримінальних правопорушень.   The article is devoted to research the problems of the initial stage of pre-trial investigation phase, a new proceeding Institute, that was introduced instead of existed criminal proceedings. The object of research is predicted positive and negative aspects of appearance offered by a new Criminal Procedure Code order of initial stage of pre-trial investigation phase of criminal offenses.

scholarly journals Typical investigatory situations in investigation of group violations of public order

2020 ◽  
Vol 3 (3) ◽  
pp. 299-303
Author(s):  
Denys Usatkin
Keyword(s):  
Police Officers ◽  
Public Order ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Course Of Action ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Forensic Scientists ◽  
Tactical Decisions

The scientific article is devoted to covering some aspects of the investigation of a group violation of public order. The essence and system of typical investigative situations of the specified actions for their faster and more effective investigation are considered. It is noted that the activities of law enforcement officers should have a specific structure, which will vary depending on the specific circumstances that occur in the investigation of certain criminal offenses. That is, the algorithmization of the criminal proceedings for a particular category of offenses should be the main task of forensic scientists. At the same time, it is necessary to understand that it is impossible to build an algorithm of actions without identifying certain situations that may arise during the investigation. Criminal proceedings for group violations of public order are no exception. These acts violate public order and are quite difficult to distinguish from the accompanying acts: riots and hooliganism. And it is thanks to the correct course of action of police officers at the initial stage of the investigation that the greatest possible amount of evidence will be gathered. The author supports the position of scholars who formulate a typical investigative situation as a set of conditions that are objectively formed in the investigation of criminal offenses, create a unique situation at a given time, which poses the investigator the problem of choosing the appropriate course of action and tactical decisions. After analyzing the above situations and factors influencing their formation, as well as materials of criminal proceedings, the author formulated the following typical investigative situations in the investigation of a group violation of public order: persons who committed a group violation were detained at the scene, the victim witnesses, eyewitnesses and available material traces of a criminal act; persons who have committed a group violation of public order, disappeared from the scene and are known only by appearance, available witnesses and material traces of a criminal act; traces of illegal actions were found, the offenders are unknown, witnesses were found at the scene.

scholarly journals TYPICAL INVESTIGATORY SITUATIONS AND TACTICAL TASKS WHEN INQUIRING INTO THE CRIMINAL PROCEEDINGS ON FINANCIAL RESOURCES FRAUD

2020 ◽  
pp. 135-139
Author(s):  
P. O. Hryhorovych
Keyword(s):  
Financial Resources ◽  
Specific Situation ◽  
Criminal Proceedings ◽  
Bank Account ◽  
Criminal Offense ◽  
Tax Legislation ◽  
Criminal Offenses ◽  
Initial Stage ◽  
The Moment ◽  
Source Of Information

The article proposes the tactics of actions of the investigator (head of the investigative unit) of the bodies, which exercise control over the observance of tax legislation, based on the nature of the known circumstances about the criminal offense and persons involved in its commission. The following investigative situations were distinguished by the results of consideration of allegations and reports of criminal offenses: signs of a crime were found to be the basis for entering information in the Unified Register of Pre-trial Investigations and the commencement of pre-trial investigation; no crime was detected, why to carry out verification measures in view of Part 1 of Art. 214 of the CPC of Ukraine and in accordance with the Law of Ukraine “On Operational Investigation Activities”; the fact of committing a criminal offense is not confirmed by the materials of the audit (with the conclusion drawn). It is emphasized that the source of information about the identity of the offender can be considered the search for witnesses, forensic investigation of documents that fixed the registration of the movement of funds from the moment of their unlawful withdrawal from the bank account before carrying out operations on their legalization (laundering). It has been determined that the development of forensic methods of investigation of fraud with financial resources are dominant tactical tasks, while others are subordinate. The analysis of investigative practice shows that cognitive tactical tasks of investigation differ from each other not only in content but also in degree of complexity and, accordingly, by means of solution. It is concluded that the complex application of procedural, operational, search and organizational measures to solve the tactical tasks of the initial stage of investigation of fraud with financial resources are not exhaustive, since it is impossible to formulate universal investigation schemes applicable in any case, how it is impossible to predict the actions of criminals in advance. Therefore, each specific situation of investigation requires the investigator, first of all, creative activity within the framework of criminal procedural regulation on the basis of the generalized practices in science, theoretical provisions and methodological recommendations.

scholarly journals INTERROGATION TACTICS: FOREIGN EXPERIENCE

2021 ◽  
Vol 75 (2) ◽  
pp. 153-160
Author(s):  
Ivan Kubariev ◽  
◽  
Serhii Barhan ◽  
Keyword(s):  
Human Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
Narrative Approaches ◽  
Foreign Experience ◽  
Cognitive Components ◽  
Leading Role ◽  
Criminal Offenses ◽  
Foreign Countries

The purpose of the study is to acquaint domestic experts with the theoretical developments of foreign criminologists on the tactics of interrogation in the pre-trial investigation and determine the trends of their development. Modern trends in law must qualitative rethinking of existing methods of interrogation in the direction of humanization. New methods of interrogation, which have been developed in foreign countries, propose to ensure the observance of human rights with the fulfillment of the tasks of criminal proceedings. The study of models such as PEACE and KREATIV shows the possibility of moving from interrogation to procedural interview. A procedural interview is an effective mechanism for collecting and recording accurate, reliable and reliable information during the investigation of criminal offenses. At the same time, modern models of interrogation do not resort to torture and other violations of human rights. Modern approaches to developing interrogation models focus on psychological and cognitive components. They contribute to the preparation of complete and truthful testimony of the interrogated. Thus, the article has described the foreign experience of interrogation as an effective mechanism for obtaining complete and reliable factual data in the pre-trial investigation. Based on the analysis of foreign models, the leading role of the humanistic and narrative approaches have determined in the development of new and improvement of existing methods of interrogation, which will ensure the proper implementation of the tasks of criminal justice. Modern approaches to the development of interrogatory models are concentrated on its psychological and cognitive components, within which the creation and maintenance of the proper level of communication, which will contribute to the completeness and objectivity of indications of interrogated, omitting indictment, coercive or obsessive approaches. According to the results of the research, an attempt we have made to single out the forensic features of interrogation models used in foreign countries to increase the effectiveness of the process of detection and investigation of criminal offenses.

scholarly journals . Essence of forensic description of citizens’ luggage thefts committed at the airport

2020 ◽  
Vol 1 (1) ◽  
pp. 293-300
Author(s):  
Anastasiya Senko
Keyword(s):  
Law Enforcement ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Forensic Practice ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Law Enforcement Officials ◽  
The Subject ◽  
Over Time

. The article deals with some aspects of investigating theft of citizens' luggage at the airport. The features of forensic characteristics for faster investigation of the investigated category of criminal offenses are considered. The author emphasizes that the creation of a stable system is a prerequisite for the effectiveness of any activity. The process of pre-trial investigation of criminal offenses is not an exception. An important element of the methodology of investigation of a particular criminal offense is its forensic characteristics. This element allows law enforcement officials to build versions and determine the direction of criminal proceedings at its initial stage. At the same time, when investigating theft of citizens' luggage at the airport, the initial stage is in many cases crucial. It provides an opportunity to gather sufficient evidence that will be lost over time without being able to recover it. Therefore, the issue of research and development of the cur-rent forensic characteristics of the offense is important for the investigation as a whole. It is also noted that the forensic characteristics of the citizens' luggage theft committed at the airport is a system of generalized evidence of the studied materials of the forensic practice, which reflect the connection and correlation of individual forensically significant elements that can be used in the pre-trial investigation of a specific criminal offense. The system of the designated category consists of the following elements: method of preparation, commission and concealment of a criminal offense; the subject of the assault; the situation of committing a criminal offense; a trace picture; the person of the offender; the identity of the victim.

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