scholarly journals Use of special knowledge in investigation of anti-morality crimes

2020 ◽  
Vol 2 (2) ◽  
pp. 268-274
Author(s):  
Mykola Yefimov
Keyword(s):  
Professional Education ◽  
Vocational Training ◽  
Professional Activity ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Science Technology ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Direct Use

The scientific article deals with some aspects of the investigation of crimes against morality. The peculi-arities of the use of special knowledge in the investigation of this category of criminal offenses are con-sidered. The author emphasizes that during criminal proceedings at the stage of both pre-trial investigation and in court, questions may arise, which, due to their narrow specialization and unlawful nature, may not be within the power of the investigator and the court. In such cases, other participants in the criminal process are involved in the process of proving - persons who have special knowledge sufficient to make a qualified solution to the problem. It is noted that special knowledge is a set of theoretical knowledge and practical skills in the field of science, technology, arts, crafts obtained as a result of vocational training and professional education used for the prevention and investigation of criminal offenses. The view is maintained that the following should be attributed to independent forms of the use of specialized knowledge: the direct application of specialized knowledge in science, technology, art and craft by the judge himself; appointment of examinations; appointment of audits; knowledge that is inherent in various types of professional activity, except knowledge that is professional for the investigator and the judge, and is used in the investigation of crimes and criminal proceedings in court in order to facilitate the establishment of the truth of the case in cases, forms and procedures determined by criminal- procedural legislation; consulting assistance of a specialist without involving him personally in court actions; expert's participation in court actions. It is emphasized that specialized knowledge can be used directly and indirectly by an authorized person. Based on the analysis of judicial investigative practice, the following were distinguished among the main forms of use of special knowledge in the investigation of crimes against morality: direct (use of special knowledge by investigators in carrying out individual procedural actions); mediated (appointment of forensic expertise and involvement of relevant specialists in individual procedural actions).

scholarly journals Forensic description as an element of the methodology of investigation of criminal offenses against morality

2020 ◽  
Vol 3 (3) ◽  
pp. 161-167
Author(s):  
Mykola Yefimov
Keyword(s):  
Police Officers ◽  
Scientific Article ◽  
Turn Of The Millennium ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Investigation Process ◽  
Practical Recommendations

The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against morality. Peculiarities of forensic characteristics as an element of the methodology of investigation of this category of criminal offenses are considered. The author emphasizes that any method of investigating certain types of criminal offenses has a certain structure, an important element of which is the forensic characteristics. The concept of forensic characteristics as an element of methodology, quantity, content and significance of structural elements of this scientific category remain vague and contradictory. Moreover, at the turn of the millennium, the question of the expediency of the existence of forensic characteristics as a scientific category in general became acute. Therefore, it should be borne in mind that the value of forensic characteristics can be divided into practical and theoretical. For police officers who are directly involved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. It is noted that the method of investigation of certain types of criminal offenses is a system of sci-entific provisions, as well as methodological and practical recommendations developed on their basis for the investigation of certain types and groups of criminally punishable acts. It is emphasized that the structure of the studied scientific category is as follows: forensic charac-teristics of criminal offenses; analysis of primary information and initiation of criminal proceedings; cir-cumstances to be proved in criminal proceedings; typical investigative situations; features of conducting initial investigative (search) actions, covert investigative (search) actions and other measures; features of further investigative (search) actions, covert investigative (search) actions and other measures; features of the use of special knowledge during the investigation of a criminal offense; preventive activities of the investigator in relation to the causes and conditions that contributed to the commission of a criminal offense; features of the investigator's activity at the final stage of the investigation.

scholarly journals CURRENT ISSUES OF THE SPECIAL KNOWLEDGE USING IN INFORMATION SUPPORT OF CRIMINAL OFFENSES INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 43-51
Author(s):  
Olha Kovalova ◽  
◽  
Vasyl Kovalov ◽  
Keyword(s):  
Evidence Base ◽  
Medical Examination ◽  
Information Support ◽  
Criminal Proceedings ◽  
Science Technology ◽  
Forensic Examination ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Special Knowledge ◽  
The Relationship

The investigation of criminal offenses, especially in modern conditions, is difficult to imagine without the assistence of persons with special knowledge in various fields of science, technology, art, craft and more. The main forms of using such knowledge are the involvement of specialists in criminal proceedings (Article 71 of the CPC) and forensic examinations (Articles 242–244 of the CPC). A significant number of works of scientists have been devoted to the development of theoretical aspects of the institute of special knowledge in criminal proceedings, but the unity of opinion on the relationship between general knowledge and special knowledge has not been achieved. Special knowledge is considered to be knowledge that is not common, well-known, but only those acquired by professionals in a particular field of science, technology, art, crafts, and so on. It should be noted that the attribution of certain knowledge to the well-known is conditional. Some thing that was for some time considered to be unknowable, becomes widespread over time, becomes public. The use of special knowledge facilitates a full, objective and comprehensive investigation, ensures the collection of information and the formation of the necessary evidence base. Information is the substantive side of court evidence, which is established from sources due to the order prescribed by law. Sometimes this information is called evidence. However, in criminal proceedings, not only the information that constitutes the essence of the evidence is used. The problem of information support of the investigation has become especially important in connection with the adoption of the Law «On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses». The authors of the article consider the peculiarities of the special knowledge using during the pre-trial investigation of criminal offenses in the form of inquiry. According to the current CPC of Ukraine, the investigator may conduct an inspection of the scene and a medical examination before entering the information into URPI. The means of information support of the inquiry, which requires the use of special knowledge in the field of medicine, should include a medical examination (paragraph 2, part 3 of Article 214 of the CPC). It can be conducted before the information is entered into the URPI, and its results are recognized as a source of evidence (Article 298-1 of the CPC). Unfortunately, the legislator did not specify the purpose of the medical examination and the procedural document, which should reflect the results of this procedural action. Establishing the condition and features of the human body requires appropriate research, which is the subject of forensic examination. The use of special knowledge in the process of information support criminal offenses investigation, requires further research and regulation. A clear distinction at the regulatory level requires the purpose of examination and forensic examination. As this issue arises at the initial stage of the proceedings, changes are required to the CPC of Ukraine, as the authors note in this article.

scholarly journals CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
pp. 5-11
Author(s):  
О. А. Антонюк
Keyword(s):  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Illegal Acts

The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

scholarly journals DIRECTIONS OF ENSURING PERSONNEL POTENTIAL OF SUSTAINABLE ECONOMIC DEVELOPMENT OF SOCIETY

2021 ◽  
Author(s):  
Ludmila Ulyanova ◽  
Yuliia Chaika
Keyword(s):  
Vocational Training ◽  
Professional Training ◽  
Educational Process ◽  
Educational Institutions ◽  
Professional Activity ◽  
Vocational Schools ◽  
Scientific Article ◽  
Personal Factors ◽  
Level Of Training

The scientific article is devoted to the study of a complex but relevant problem for the period of creating the preconditions for sustainable development - the definition of approaches to providing the economy with strong human resources. It is noted that its formation is always faced with the issues of reproduction of the labor force, the effectiveness of which implies the achievement in total, at the same time high levels of quality of life and vocational training of people. Particular attention is paid to the emergence of new problems that increase the severity of personnel issues in Ukraine: there is a significant increase in labor migration of Ukrainians abroad, reducing the population and working age. However, despite the difficulties of the transition economy, the country has gradual, progressive changes in the entire system of educational infrastructure, attempts are being made to reform the organization of education in educational institutions of all levels: higher education, secondary school, vocational education. In addition to traditional vocational schools in the educational, already competitive environment, there are new educational institutions - technical lyceums, technical schools, colleges. However, a significant part of vocational schools has shortcomings related to the quality of their material and technical base, the level of training of teachers in terms of their mastery of the latest technological concepts and methods of teaching educational material. Improving the system of vocational training should be based on the understanding that innovative development has already become an integral part of the domestic economy and has led to new requirements for personal factors of production. Now there is a need to closely link professional training to specific production conditions of future activities, the entire educational process should be built taking into account changes in the state of production processes, target settings for obtaining the final results of enterprises. Under modern market conditions, the first priority is not the production of more goods and services of one type, but their differentiation and new quality characteristics within one product group. Relevant changes occur in the assessment of the personal factor of production. This is not just about the quantitative certainty of staff, but about the level of training of each employee, his ability to adapt to technical and technological changes. In the process of professional training it is important to form in future employees an awareness of their role and importance in the overall efficiency of enterprises, to bring to their understanding the high probability of losses associated with their possible errors in the production functions. The issue of greening of professional activity should be important in the educational processes of all educational institutions

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

scholarly journals Criminal misdemeanors as a novelty of criminal and criminal procedure legislation

2020 ◽  
pp. 365-368
Author(s):  
Andrii Begma ◽  
Galyna Muliar ◽  
Oleksii Khovpun
Keyword(s):  
Expert Opinion ◽  
Video Recording ◽  
Criminal Procedure ◽  
Evidence Base ◽  
Criminal Code ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Medical Examinations

The scientific article pays attention to the consideration of the concepts of “criminal offense”, “criminal offense”, “crime” andtheir implementation in criminal and criminal procedure legislation. Amendments to the legislation that came into force in connectionwith the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Inves -tigation of Certain Categories of Criminal Offenses” are considered. The issue devoted to the new subject of criminal procedure – thecoroner and the head of the inquiry body is investigated.The article considers the types of evidence that are taken into account in the investigation of criminal offenses. Such evidenceshould include: explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technicalmeans that have the functions of photography and filming, video recording, or means of photography and filming, video recording. Thepossibility of using evidence in the investigation of crimes is considered.During the criminal proceedings, a new entity is identified, which is actually engaged in the investigation of criminal offenses,such an entity is the investigator. Inquiry is a new unit that investigates criminal offenses. Inquiries are carried out by inquiry subdivisionsor authorized persons of other subdivisions.A criminal offense is an act (action or omission) provided by the Criminal Code, for which the main penalty is a fine of not morethan three thousand non-taxable minimum incomes or other punishment not related to imprisonment. Procedural sources of evidencein criminal proceedings on criminal offenses, in addition to certain Art. 84 of the CPC, there are also explanations of persons, the resultsof medical examinations, expert opinion, indications of technical devices and technical means that have the functions of photographyand filming, video recording, or means of photography and filming, video recording.The legislator does not rule out that the sources of evidence are testimony, physical evidence, documents, expert opinions, but infact the explanations of persons, the results of medical examinations, expert opinion, indications of technical devices and equipmentthat have the functions of photography and filming, video or photo – and filming, video recordings are also identified as sources of evidence.The purpose of such a division is to distinguish between sources of evidence that can be used to prove crimes and criminal offenses.In addition, there is a misunderstanding – what exactly can we use to form the evidence base in criminal proceedings.

USE OF SPECIAL KNOWLEDGE DURING THE PRE-TRIAL INVESTIGATION OF CRIMES THAT ENCROACH ON THE NATIONAL SECURITY OF UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 109-114
Author(s):  
Oleh Batiuk ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Group ◽  
Legal Regulation ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Special Knowledge ◽  
Psychological Knowledge ◽  
Empirical Material

The author aimed to reveal the content and forms of use of special psychological knowledge during the proceeding of interrogation in the pre-trial investigation of crimes that encroach on the nationalsecurity of Ukraine in the provisions of the scientific article. Namely, for fulfilling the intended goal, the author determines in the provisions of the scientific article that the use of special psychological knowledge at the stage of pre-trial investigation, of course, can be the great benefit for establishing the truth in the case and the lack of their wide and effective application in criminal proceedings is caused, first of all, by imperfection of the theory of use of special psychological knowledge and of legal regulation of the activity of experts and other persons with special psychological knowledge. This is resulted from primarily to vague and ambiguous theoretical definitions of the concept of special psychological knowledge, subjects, methods of use and forms of their realization. Based on the analysis of theoretical and empirical material, scientifically substantiated conceptual and categorical apparatus concerning the concept of special psychological knowledge, which are used in pre-trial investigation, is defined; the conclusions and proposals that are aimed at improving the procedural and applied aspects of practical application by law enforcement agencies are formulated by the author in the scientific article. According to the author, this will not only deepen scientific knowledge, but also will give the opportunity to use the obtained data in investigative practice, help law enforcement agencies quickly and efficiently to disclose, investigate and conduct measures to prevent of the committing crimes against national security of Ukraine. The results of the research can also be applied during the criminal proceedings, in the process of proving and evaluating evidence, during the qualifying the committed crime and establishing of circumstances mitigating of punishment. The author explored the features of the use of special psychological knowledge during the investigation of the crimes that encroach on the national security of Ukraine, which are committed by the organized criminal group.

scholarly journals SPECIALIST’S CONCLUSION AS A SOURCE OF EVIDENCE IN CRIMINAL PROCEEDINGS: ANALYSIS OF PROCEDURAL STATE

2021 ◽  
pp. 111-120
Author(s):  
P. Antoniuk ◽  
Ye. Svoboda ◽  
T. Mykhalchuk
Keyword(s):  
Criminal Proceedings ◽  
Established Procedure ◽  
Criminal Offenses ◽  
Special Knowledge

The article analyzes the essence of a specialist’s conclusion as a result of the use of special knowledge in the pre-trial investigation of criminal offenses in order to determine his/her procedural consistency as a source of evidence in the investigation of criminal offenses. The results of the analysis substantiate the position regarding the inconsistency of the established procedure for obtaining and verifying the specialist’s conclusion as a source of evidence to the criteria that are presented with evidence in criminal proceedings. The authors conclude that it is advisable to perceive the expert’s conclusion as the only possible result of the use of special knowledge, which can act as a source of evidence in the investigation of both criminal offenses and crimes as well.

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 Comparative characteristics of the activities of a forensic specialist and a forensic investigator

2021 ◽  
pp. 69-77
Author(s):  
O. G. Kostyuchenko ◽  
O. V. Volokhova
Keyword(s):  
Preliminary Investigation ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Insufficient Attention ◽  
The Future ◽  
Special Knowledge ◽  
Comparative Description

The article is devoted to the use of special knowledge in the investigation of crimes, the activities of a specialist criminalist, a forensic investigator, and a comparative description of their activities in the investigation of crimes. In the context of criminalization of society, which leads to the emergence of new types of crimes, more sophisticated ways to commit them and conceal them using sophisticated technical means, insufficient attention is obviously paid to the use of special knowledge, including forensic knowledge, carried out in both procedural and non-procedural forms, the tasks of using scientific and technical means and methods for the prevention, detection and investigation of crimes. Proper use of all forms of specialized knowledge will make more effective evidence that will serve to resolve the case in the future. The article is aimed at a forensic study of the features of the use of forensic knowledge in the detection and investigation of crimes. The article is based on the activities of the preliminary investigation bodies aimed at using special knowledge in the course of criminal proceedings, criminalistic patterns of typical situations involving knowledgeable persons in the investigation of crimes. The purpose of the research in the article is the criminalistic activity of a specialist criminalist and a forensic investigator in the detection and investigation of crimes. 

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