scholarly journals Criminalistics characteristics of official forgery

2019 ◽  
pp. 90-99
Author(s):  
D. Serhieieva ◽  
Z. Toporetska
Keyword(s):  
Scientific Literature ◽  
Scientific Research ◽  
Criminal Activity ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Offense ◽  
The Subject

In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.

scholarly journals CRIMINALISTICS CHARACTERISTICS OF ILLEGAL ENRICHMENT

2019 ◽  
pp. 305-319
Author(s):  
Z. Toporetska
Keyword(s):  
Scientific Literature ◽  
Criminal Activity ◽  
Criminal Code ◽  
Criminal Process ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
Dynamic Phase ◽  
The Subject ◽  
Systematic Education

In the article based on the analysis of scientific literature on criminology, criminal process and taking into account the actual changes to Art. 368-2 of the Criminal Code of Ukraine, the Law of Ukraine “On Prevention of Corruption” have analyzed the criminalistics significant indications of illegal enrichment. The purpose of this article is to study within its scope the criminalistics significant indications of illegal enrichment. The authors consider the criminalistics characteristics of the crime as a system containing a set of forensic significance features that are inherent in a particular type of crime. Like any systematic education, the forensic description of crimes consists of interconnected components – elements. The specified elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) the identity of the offender acting in the direction 2) the choice of the object of the attack, 3) in in certain conditions, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The article analyzes the following elements of the forensic character of illegal enrichment: the person of the offender, the subject of a direct criminal offense, the method of committing a crime, a trace pattern. The indicated elements are linked by correlation bonds, which reflect the dynamic, “phase” nature, due to the sequential placement of elements in accordance with the sequence of deployment of criminal activity. Forensic characteristics of illegal enrichment help to distinguish this offense from other official and corruption crimes. Forensic characteristics of illegal enrichment facilitate the determination of a range of circumstances to be proved in a criminal proceeding for crimes of this kind and the planning of their investigation. At the same time, while investigating crimes of this kind, there are a number of problems that require further resolution, and therefore this issue requires a separate scientific study, which will be the subject of further research. Key words: criminalistics, criminal process, forensic characteristic, illegal enrichment.

scholarly journals DIRECTIONS FOR IMPROVING THE EFFICIENCY OF THE INSPECTION IN CRIMINAL PRE-TRIAL PROCEEDINGS

2020 ◽  
Vol 73 (4) ◽  
pp. 134-143
Author(s):  
Oksana Luchko ◽  
Keyword(s):  
Human Body ◽  
Scientific Research ◽  
Verbal Information ◽  
Professional Skills ◽  
Criminal Process ◽  
Criminal Offense ◽  
Judicial Practice ◽  
The Future ◽  
Personal Qualities ◽  
The Subject

In the article on the basis of the analysis of scientific positions of scientists, instructions of the criminal procedural legislation, judicial practice the directions of increase of efficiency of inspection in criminal pre-trial proceedings are defined. In practice, there are situations when it is necessary as soon as possible after the discovery of information about a criminal offense to inspect things, objects or documents. Therefore, the position on the need to expand the types of inspections that can be carried out before entering information into the Unified Register of pre-trial investigations is substantiated. In addition to inspecting the scene, the author proposes to include an inspection of things and documents and an examination of the human body (examination). The article emphasizes the connection between the effectiveness of the review in criminal pre-trial proceedings and the combination of specialization and universality of the subject of the review. The use of the subject's specialization during the review will provide an opportunity to conduct it more efficiently, with the least amount of time, without losing all possible evidence. Emphasis is placed on the need to expand emergency access to a home or other property for inspection. It is concluded that it is inadmissible to record verbal information in the inspection report. The author emphasizes that only the explanations of the participants regarding the inspection should be recorded in the inspection protocol, and not the circumstances of the offense. It is stated that there is a dependence of the effectiveness of the review in criminal pre-trial proceedings on the competence of the entity conducting it. When conducting scientific research on ways to increase the effectiveness of the review in the criminal process, in our opinion, we should emphasize the personal qualities of those who carry it out, and the direct dependence of efficiency on their skills, abilities, professional skills. In the future, the author proposes to increase the effectiveness of the review to explore the simplification of the procedure for recording the review, as well as the issue of reducing the number of participants in the review.

scholarly journals WAYS OF THEFT IN THE CONDITIONS OF A BIG CITY

2020 ◽  
pp. 322-329
Author(s):  
В. В. Підпалий
Keyword(s):  
Large City ◽  
Psychological Characteristics ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Central Elements ◽  
Big City ◽  
The Subject ◽  
Selection Of

The relevance of the article is that the method of committing a criminal offense is one of the central elements of the forensic characterization of criminal offenses, which provides the largest amount of forensic information, which allows the investigator to navigate the crime and determine the best methods of investigation. The article substantiates that the method of committing theft in a large city depends on objective factors (situation, time, place of commission; object of encroachment, its qualitative and quantitative features; the presence of tools or access to them; the commission of preparatory actions; the presence of accomplices and their qualifications) and subjective (availability of «professional knowledge», physical condition and psychological characteristics of the offender) nature. It was found that the preparation for committing theft in a large city involved the choice of the subject of criminal encroachment; preliminary reconnaissance of the place; development of a plan of criminal actions; observation of the place where the property is stored, or of the property itself; distribution of roles for theft; selection and preparation of the place of storage of stolen property; selection of technical means for penetration into the premises where the property is stored; search for technical means for transportation of stolen property. It is determined that the establishment of a method of committing theft in a large city is the basis for the promotion of operational and investigative and investigative versions and the development of certain tactics. This allows to concentrate the necessary forces and means in the places of probable theft, to provide effective operational maintenance of the most criminogenic objects. In addition, knowledge of the methods of committing thefts in a large city allows the investigator (coroner) to methodically correctly determine the directions of pre-trial investigation of criminal proceedings. It should be added that offenders, in turn, seek to use methods that would significantly complicate the investigation or make it impossible. For this purpose, new ways of committing a criminal offense and its concealment are being sought and modified.

scholarly journals Potential applications of pecan residual biomasses: a review

2020 ◽  
Vol 10 (3) ◽  
pp. 5524-5531 ◽  
Keyword(s):  
Scientific Literature ◽  
Scientific Research ◽  
Future Perspectives ◽  
Structural Support ◽  
Literature Overview ◽  
The World ◽  
Potential Applications ◽  
The Subject ◽  
Structured Approach

Considering a large amount of high potential materials coming from the processes to obtaining pecan nut, there are important future perspectives to enable an increase of using pecan materials. For this, structural support and the development of scientific research are needed to reuse the wastes in an environmentally friendly way. Thus, the aim of this scientific research is to present a detailed literature overview regarding the characterization of pecan waste materials, the main applications and technologies used to add value to these materials. The study is fundamentally based on the scientific literature related to obtaining products from pecan wastes and their application in food-related areas. The lack of sufficient data on the proposed theme requires a properly structured approach to provide a clear perspective on the subject and to highlight the current limitations. It is evident that pecan culture has presented a prosperous context with respect to the world and Brazilian production. The scientific literature presented many studies that employ the approach of using remaining pecan materials. Thus, it is clear the range of fields that apply the residuals for the most diverse purposes, which enables them to add value to pecan coproducts.

scholarly journals JURISDICTION AS A COMPONENT OF THE INVESTIGATOR’S COMPETENCE

2019 ◽  
pp. 166-169
Author(s):  
S. I. Chernobaiev
Keyword(s):  
Criminal Policy ◽  
Scientific Research ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Political Situation ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Subject ◽  
Definition Of

The legislation of Ukraine does not contain a legal definition of the concept of “jurisdiction”, although at the theoretical level this legal category has repeatedly become the subject of scientific research, its content and types have been constantly transformed depending on changes in the legislation of Ukraine. The socio-political situation caused by the violation of the territorial integrity of Ukraine, the priority of the state’s criminal policy in the fight against terrorism, corruption, have become a prerequisite for the emergence of new bodies of pre-trial investigation, changes in the procedural status of the investigator. This allows us to continue scientific research in the direction of improving the definition of “jurisdiction”, the definition of its characteristic components, species and more. The article discusses the relation between the terms “investigator competence” and “jurisdiction”, arguing that the former is broader. Attention is drawn to the normative construction of the articles of the Criminal Procedure Code of Ukraine, which define the rules of subsidiarity, in particular, in retrospect. Analysis of the criteria under which a criminal proceeding is assigned to the sphere of activity (management) of a particular pre-trial investigation body, in particular, the place of commission of a criminal offense, qualification of a criminal offense (event of a criminal offense, nature of the consequences, the subject of the criminal offense, its form guilt), the special status of the subject of the crime, the type and size of the object of the crime and the harm caused by the criminal offense, the status of the victim, the connectedness of actions, etc., allowed to conclude on the expediency of introducing into scientific circulation the concept of “criminal procedural characteristics of criminal offenses” The author defines the concept of “jurisdiction” by which the constituent competence of an investigator for conducting pre-trial investigation of a certain category of criminal proceedings, which is determined depending on the criminal procedural characteristic of a criminal offense, should be understood.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals Determination of the Criminal Offense Elements in the Safety Rules Violation during Mining Operations

2019 ◽  
Vol 105 ◽  
pp. 02012 ◽  
Author(s):  
Olga Safargalieva ◽  
Oleg Sergeev ◽  
Yuriy Volgin ◽  
Marina Agienko
Keyword(s):  
Systematic Approach ◽  
Basic Element ◽  
Mining Operations ◽  
Criminal Offense ◽  
Official Position ◽  
Initial Stage ◽  
The Subject ◽  
Safety Rules

In the article, from the standpoint of a systematic approach, the forensic characterization of safety rules criminal violations during mining operations is analyzed. That is the basic element which determines the content and algorithm of uncovering of crimes, the investigation and trial of a criminal case. The subject (the identity of offender) is its central, basic element. It is noted that the element of subject (the identity of offender) is the most informative when investigating criminal violations of safety rules during mining operations. It is based on his study in the unity and interrelation of the following aspects: official position, social and psychological properties and personality traits and victimization behavior of the criminal offence victims and third parties. The situation of a crime (the second element of forensic characterization) is structured according to the circumstances that characterize pre-, criminal, and post-criminal state of outward things; three interrelated and interdependent are pointed out. The complex combination of the levels and edges of each selected elements of a cognizable object, due to the specifics of the crime in question, also determines the peculiarities of investigative actions and search activities at the initial stage of the investigation of safety rules criminal violations during mining operations. The article proposes recommendations to overcome the objective difficulties encountered in the investigation of criminal violations of safety rules during mining operations.

scholarly journals Traces of murders committed by convicts in prison

2019 ◽  
pp. 104-109
Author(s):  
K.G. Shelenina
Keyword(s):  
Law Enforcement ◽  
Direct Evidence ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Enormous Amount ◽  
The Subject

The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.

scholarly journals Reform and Digitalization of Pre-trial Proceedings in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (9) ◽  
pp. 308-315
Author(s):  
K. Smanaliev
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Electronic System ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Subject ◽  
Legislative Reforms ◽  
The Moment ◽  
Definition Of

The article is devoted to the peculiarities of changes in the model of criminal proceedings in the Kyrgyz Republic and the definition of ‘criminal proceedings’ is given in a new edition. It has been established that pre-trial proceedings as a stage in the criminal process; begins with the registration of statements and messages and is the initial independent stage of the criminal process, manifesting in two forms: investigation and proceedings on misdemeanor cases. It was confirmed that the refusal from the stage of initiating a criminal case was replaced by a new institute of the Unified Register of Crimes and Misdemeanors, which includes a process starting from the moment of electronic registration and a system for recording applications and messages, and ending with the execution of a court sentence. The object of the research is public relations associated with the reform and digitalization of pre-trial proceedings in the Kyrgyz Republic. The subject of the research is the novelties of the criminal procedure legislation of the Kyrgyz Republic regarding pre-trial proceedings. In connection with the latest legislative reforms and digitalization in Kyrgyzstan, a comparative analysis of the state of the criminal procedure legislation of a number of post-Soviet states (Kazakhstan, Ukraine, Georgia, Moldova) on issues related to the electronic system of the unified register of crimes and misconduct seems relevant to the author.

Actual issues of the search of housing or other possession of the person

2021 ◽  
Author(s):  
Yevhen Povzyk
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Scientific Research ◽  
Main Body ◽  
Unified Approach ◽  
Basic Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Problem Setting

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.

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