scholarly journals Problem aspects of organizational and tactical support of interrogation in the investigation of crimes in tourist industry

2020 ◽  
Vol 3 (3) ◽  
pp. 251-256
Author(s):  
Yuliya Vengerova
Keyword(s):  
Full Range ◽  
Video Recording ◽  
Tourist Industry ◽  
Business Relationship ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Technical Ability ◽  
Psychological Pressure ◽  
Legitimate Interests ◽  
Effective Organization

It is emphasized that the investigation of crimes in the field of tourism has certain specifics due to the circumstances and mechanism of this crime. A special place among all other sources of evidence is occupied by testimony, which takes the form of evidence only in the case of observance of the rights, freedoms and legitimate interests of persons who have information about the event of a criminal offense and their proper procedural design. However, during interrogations in the investigation of crimes related to tourism, investigators often face difficulties of both procedural and organizational and tactical nature. The most significant problem is the lack of time for full preparation for the interrogation, with the study of legislation in the field of tourism, taking into account all the circumstances to be established and drawing up an interrogation plan. The use by investigators of the full range of tactics recommended by criminology and developed in practice is also not used to a sufficient extent. Investigators lack the time and technical ability to accompany the process of obtaining evidence by audio or video recording. For the most part, suspects withdraw their testimony after some time on the grounds that it was obtained as a result of psychological pressure or physical influence. While audio and video materials could help to refute these statements and prove the legitimacy of the actions of the person conducting the interrogation. It is noted that when interrogating victims, witnesses, suspects in criminal proceedings related to tourism, the investigator should be critical of their testimony and compare them with other evidence. It is important for the investigator to establish whether the interrogated are in a business relationship with the head of a tourist or hotel-restaurant enterprise and what their nature is. This need is due to the prevalence of situations where persons who declare themselves as witnesses are involved in criminal acts. Recommenda-tions on the most effective organization and tactics of interrogation in proceedings of this category are given.

scholarly journals FORMS OF COMPLETION OF PRE-TRIAL INVESTIGATION: NEWS OF LEGISLATION

2021 ◽  
Vol 1 (10) ◽  
pp. 99-103
Author(s):  
A. Drahonenko ◽  
Keyword(s):  
Legal Regulation ◽  
Necessary Condition ◽  
Electronic Systems ◽  
Organized Activities ◽  
Criminal Proceedings ◽  
Telecommunication System ◽  
Criminal Offense ◽  
Constitutional Principle ◽  
Legitimate Interests ◽  
Principle Of Legality

The article is devoted to the study of certain issues related to the procedural order of completion of the pre-trial investigation and the latest changes that have been made to the criminal procedure legislation. Some shortcomings of the legal regulation of the researched institute are pointed out, in particular, the order of granting access to materials of criminal proceedings, term for acquaintance with them. Peculiarities and problematic issues of the end of the pre-trial investigation with the use of the information and telecommunication system of the pre-trial investigation are considered. A necessary condition for ensuring the constitutional principle of legality in criminal proceedings is the properly organized activities of the pre-trial investigation, prosecutor and court to establish all the facts of the criminal offense in order to achieve objective truth. Legitimate and reasonable decision-making on the termination of the pre-trial investigation ensures the implementation of the tasks of criminal proceedings, which are provided by Article 2 of the CPC of Ukraine. Thus, the legislator notes that the observance of legal procedure at the end of the pre-trial investigation is one of the main guarantees of protection of the rights and legitimate interests of participants in criminal proceedings. Such protection should take place through the strict performance of their duties by authorized bodies and officials. It has been established that changes in the legislation significantly facilitate the work of the defense and other participants in the process of opening and reviewing the materials of criminal proceedings. In addition, these changes will eliminate the possibility for officials conducting inquiries and pre-trial investigations to make corrections or falsifications of criminal proceedings at various stages of the investigation and after its completion. After all, the main protocols and other procedural documents will be uploaded to electronic systems. Unauthorized interference with the operation of electronic information and telecommunication systems will be punished.

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.

scholarly journals THE PROBLEMS OF INVESTIGATION TACTICAL MEANS ON SQUATTING AND ILLEGAL CONSTRUCTION

2020 ◽  
Vol 21 (1) ◽  
pp. 46-65
Author(s):  
I. Hryshko
Keyword(s):  
Local Community ◽  
Criminal Activity ◽  
Scientific Concept ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Economic Transformations ◽  
Legitimate Interests ◽  
High Level ◽  
Subjective Rights ◽  
Optimal Set

The problems of developing the scientific concept of investigation tactical means while squatting and illegal construction, their relation with the forensic tactics means and identification of its place in the criminalistics system are examined. It is substantiated that tactical means of squatting and illegal construction investigation are the optimal set of linked by a common goal nonprocedural actions (measures), tactical methods, combinations, operations, recommendations, which are related to determining the action course of investigation entities and solving tactical tasks of a particular type of crime. It is proved that a prerequisite for the active development and implementation of means into investigative practice is that the realities of socio-economic transformations in Ukraine have led to the emergence of criminal activity new types and to advanced ways of its implementation. It seems that the development and use of means as a specific “toolkit” of forensic tactics in the activities of criminal proceedings professional participants (investigators, detectives), is one of the priorities of criminalistics at the present stage and the urgent need for practice. It is noted that investigation tactical means of squatting and illegal construction provide professional participants in criminal proceedings with specialized toolkit that ensures the effective solution of tactical tasks that arise in the investigation of a crime. It is substantiated that the investigated criminal offense has a fairly high level of public danger, since it encroaches upon the subjective rights and legitimate interests of citizens, state or local community represented by relevant authorities, therefore it requires prompt response from the entities of pre-trial investigation. Scientific approaches to understanding forensic tactics means and investigation tactical means of squatting and illegal construction are considered. Promising directions for further scientific developments on the outlined problems are offered.

ENSURING THE RIGHT OF THE SUSPECT TO GET ACQUAINTED WITH THE CASE MATERIALS IN THECRIMINAL PROCESS

2021 ◽  
Vol 6 (2) ◽  
pp. 76-81
Author(s):  
Kamoliddin Mavlanov ◽  
Keyword(s):  
Comparative Analysis ◽  
Sufficient Time ◽  
Criminal Proceedings ◽  
Relevant Issue ◽  
Current State ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Subject ◽  
Effective Organization ◽  
The Right

This article is aimed at protecting the rights and legitimate interests of a suspect in the course of criminal proceedings, during which it is his right to protection that has beeninvestigated. Awareness of persons defending their interests in criminal proceedings, based on the materials of work at the early stages of the process, affects the effective organization of protection. The subject, who is obliged to prove, will have to provide the suspect with sufficient time and conditions to organize his defense. The article uses a comparative analysis to study the current state of our national criminal procedure legislation on the relevant issue, the experience of developed foreign countries

INNOVATIVE APPROACHES TO PERPETUATION OF MONEY AS MATERIAL EVIDENCE IN CRIMINAL PROCEEDINGS

2017 ◽  
Vol 17 ◽  
pp. 55-69
Author(s):  
V. V. Bilous ◽  
O. P . Bilous
Keyword(s):  
High Speed ◽  
Data Exchange ◽  
Video Recording ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
National Bank ◽  
Software And Hardware ◽  
Machine Readable ◽  
Material Evidence

The paper is devoted to the actual problems of innovative technologies introduction into the activity on crimes investigation. Based on the analysis of the state ofperpetuation by the bodies ofpre-trial investigation of money, acquired by criminally wrongful way or obtained by a legal entity as a result of a criminal offense commission, the authors distinguished typical violations of procedural orders and criminalistical recommendations in dealing with monetary notes as material evidence during the conduct of investigative (search) actions. With the purpose of equipping the bodies of pre-trial investigation with modern scientific and technical means of field criminalistics, there was proposed the concept of a unique technical and criminalistic tool in the form of a manyfunctional multicurrency software and hardware complex, that in the processing of monetary notes - material evidence when carrying out investigative (search) actions, would ensure high-speed automated performance of such functions as: 1) detection of the validity of a large number of banknotes in national andforeign currencies ofdifferent denominations and years of issue, with recognition ofvarious types of falsifications, as well as souvenir products and special imitation means; 2) sorting; 3) recalculation with the determination of the total quantity and quantity by each note and total amount; 4) scanning and perpetuation by compiling and printing a detailed written description (appendix to the inspection protocol), andfull- colour digital photography and high-resolution video recording of not only the general form and machine-readable mandatory requisites of banknotes, but also various acquired criminalistic important signs (inscriptions, fingerprints, microparticles, spots of various substances of natural and synthetic origin, etc.); 5) data exchange in real time with databases of the National Bank of Ukraine and various criminalistics registrations, first of all, with a database of criminalistic accounting of monetary notes; 6) packing and sealing of seized monetary notes.

IMPLEMENTATION OF THE FORCED FORM OF INVESTIGATION OF A JUVENILE SUSPECT

2021 ◽  
Vol 2 (2) ◽  
pp. 58-66
Author(s):  
Olha Babenko ◽  
Keyword(s):  
Criminal Justice ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
National Legislation ◽  
Procedure Code ◽  
Psychological Pressure ◽  
Principle Of Proportionality ◽  
A Minor

The article is devoted to the study of such an investigative (investigative) action as an examination carried out in a coercive form against a minor suspect. The national and international legislation in the field of protection of the rights of children who have committed a crime and the peculiarities of criminal proceedings with such a vulnerable category are analyzed. It is noted that the current provisions of the Criminal Procedure Code of Ukraine do not contain a regulated procedure for compulsory examination of a juvenile suspect. Such non-determination of the legal norm presupposes the investigator to conduct a compulsory examination at his own discretion, which sometimes significantly violates the rights of children. Attention is drawn to the views of scientists on the feasibility, legality and admissibility of investigative (search) action in the form of compulsory examination. It has been established that scientists have different opinions about the need to conduct a survey in a coercive form. Scientists distinguish such concepts as “psychological” and “physical” coercion during the survey. It is proposed to reduce the psychological pressure on a person subject to compulsory examination by persuasion and work with a psychologist, which is especially relevant for a juvenile suspect. As a result of the research, it was established that the legal regulation of compulsory examination of a juvenile suspect should be conditioned by the principle of proportionality. Given the principle of proportionality and vulnerability of the procedural position of a juvenile suspect, his psychological and social immaturity, it was concluded that the use of coercion during the examination of a juvenile suspect is better dependent on the severity of the criminal offense in which the juvenile is suspected. In order to improve the procedural situation of a juvenile in the field of criminal justice, it is proposed to amend the national legislation on the compulsory examination of a juvenile suspect, witness or victim only in criminal proceedings for serious or particularly serious crimes.

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".

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  
Keyword(s):  
Economic Activity ◽  
Criminal Policy ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Analysis And Synthesis ◽  
Legitimate Interests ◽  
General Scientific

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

SPECIFIC FEATURES OF PROPERTY INTERESTS PROTECTION OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION WITH THE PARTICIPATION OF CRIMINAL PROCEEDINGS AS REPRESENTATIVE OF A VICTIM

2021 ◽  
pp. 46-52
Author(s):  
Дмитрий Викторович Кияйкин
Keyword(s):  
Russian Federation ◽  
Current Practice ◽  
Statistical Data ◽  
Penal System ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Existing Problems ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
The Moment

В статье проведен анализ существующей практики защиты имущественных интересов уголовно-исполнительной системы Российской Федерации при участии в уголовном процессе в качестве представителя потерпевшего, изложены рекомендации по улучшению данной работы с учетом особенностей сложившейся практики. Раскрываются особенности уголовно-процессуальной защиты на основе материалов территориальных органов и анализа дел указанной категории схарактеристикой эффективных решений иимеющихся проблем по защите имущественных интересов уголовно-исполнительной системы (далее - УИС), материалов практики защиты поуказанным вопросам, аналитических и статистических данных за 2018-2020 гг. Обращено внимание, чтона практике имеются сложности с определением размера возмещаемого ущерба и сроков исковой давности, а также с фактическим исполнением судебных решений овзыскании ущерба в связи с финансовой несостоятельностью должников. Важной проблемой по защите имущественных интересов остается отсутствие методики определения размера причиненного репутационного вреда органам иучреждениям уголовно-исполнительной системы Российской Федерации. Обеспечение своевременного допуска представителя органа илиучреждения УИС имеет существенное значение для защиты имущественных интересов, поскольку юридическое лицо получает фактическую возможность по отстаиванию своих законных интересов лишь смомента допуска представителя - физического лица. Автором определены направления работы должностных и иных заинтересованных лиц по реализации защиты имущественных интересов УИС при участии в уголовном процессе в качестве представителя потерпевшего. The article analyzes the existing practice of protecting the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim, and provides recommendations for improving this work, taking into account the features of the current practice. The article reveals the features of criminal procedure protection based on the materials of territorial bodies and the analysis of cases of this category with the characteristics of effective solutions and existing problems in protecting the property interests of the Penal system (hereinafter the FPS), materials of defense practice on these issues, analytical and statistical data for the period 2018-2020. Attention is drawn to the fact that in practice there are some peculiarities in determining the amount of damage to be compensated and the limitation period. Due to the financial insolvency of debtors in practice, there is a difficulty with the actual execution of court decisions on recovery of damages. An important problem in protecting property interests remains the lack of a methodology for determining the amount of reputational damage caused to the bodies and institutions of the Russian Federation's penal system. Ensuring the timely admission of a representative of a body or institution of a penal system is essential for the protection of property interests, since a legal entity gets the actual opportunity to defend its legitimate interests only from the moment of admission of a representative - an individual. The author defines the directions of work of officials and other interested persons to protect the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim.

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

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