scholarly journals SCIENTIFIC PREREQUISITES AND METHODICAL BASES FOR THE FORMATION OF TACTICAL OPERATIONS IN CRIMINALISTICS

2017 ◽  
Vol 17 ◽  
pp. 18-29
Author(s):  
V. M. Shevchuk
Keyword(s):  
Dynamic Structure ◽  
Criminal Proceedings ◽  
Active System ◽  
Scientific Cognition ◽  
Active Type ◽  
Technological Approach ◽  
Crime Investigation ◽  
Methodical Basis ◽  
Consistent Performance ◽  
Investigative Activity

The scientific prerequisites and methodical foundations of tactical operations in the forensic investigative activity are studied. It’s substantiated that the methodical basis for the formation of tactical operations is the active, system-structural and technological approaches. These approaches are becoming more common in the Criminalistics, significantly expanding the opportunities and prospects for the scientific cognition in this field of knowledge. Guided by the fundamentals of the system-structural approach, it can be asserted that a tactical operation has all the attributes of a systemic formation, it should be considered as a complex real system of active type, realized by specially authorized subjects and directed at solving separate tactical (intermediate) tasks stipulated by investigative (judicial) situations. Tactical operation is considered as a systemic formation of the active type, which has such properties as integrity, structuring, hierarchy, purposefulness, relations and interaction between elements. Successful realization of the technological approach to the solution of these problems assumes the necessity ofthe development of a peculiar program, regulating the preparation and implementation of a tactical operation. The essence of the technological approach to the formation and implementation of tactical operations is the consistent performance of the system of appropriate actions, taking into account the dynamic structure of the activity on investigation of crimes and judicial supervision behind materials of criminal proceedings. It’s used for construction of typical programs of crime investigation and the judicial supervision, typical tactical operations, staging, regularity and is a basis technology of formation of tactical and criminalistic complexes aimed at the decision of separate tactical tasks. The technology of a tactical operation should be developed as a kind of criminalistics technology, derivative from investigative technology, technology of investigative (search) actions, technology for crime investigation and judicial proceeding. Prospective directions for the further researches of the considered problematics are offered.

scholarly journals Perspectives for Using the Programmatic Approach within the Activities of Law Enforcement Agencies of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 170-178
Author(s):  
O. O. Khan
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
National Guard ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Emergency Situations ◽  
Course Of Action ◽  
State Of Research ◽  
Enforcement Activity ◽  
Investigative Activity

On the basis of the analysis of the state of research of algorithms and programming of investigative activity in criminalistics, the author has grounded the expediency of applying a programmatic approach to solving typical tactical problems in other areas of law enforcement activities. Theoretical prerequisites for the development of procedural action programs by law enforcement entities in Ukraine (criminal and procedural, operative and search, administrative and jurisdictional) have been determined. The necessity of intensifying scientific researches in the direction of development of branch concepts of tactics of different types of law enforcement activities and their constituent elements (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques and their situational predetermination) has been determined. In particular, the author has determined that the investigator is not the only possible subject of being armed with tactical recommendations in the form of algorithms and programs. The subject matter of the research of criminalistic tactics is not only investigative activity, but also operative and search, judicial and prosecutorial activity in criminal proceedings. Equally important is the tactical completion of administrative activities of law enforcement agencies and, on this basis, the establishment of programs of action by police officers, border guards, National Guard, customs service, etc. in exercising their administrative powers for the protection of public order and state border, actions in emergency situations, administrative cases, etc. The justification of the possibility of applying a programmatic approach within administrative activities of law enforcement agencies is the uniformity of administrative and jurisdictional, criminal and procedural activities, which are covered by a single concept of “law enforcement activity”. It has been established that the programmatic approach can be applied in any sphere of law enforcement activity, if: 1) such activity is situational in nature, and it is possible to perform the tasks arising during the implementation of this activity through consistent implementation of certain actions; 2) there is the need to streamline these activities by providing tactical recommendations in the modern form with the use of computer technologies and the ability to use them directly in the course of action, in “field conditions”; 3) the level of elaboration of theoretical bases of tactics of a specific type of law enforcement activity is sufficient (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques has been elaborated).

scholarly journals FORMS OF SPECIAL KNOWLEDGE USE

2018 ◽  
Vol 18 ◽  
pp. 240-248
Author(s):  
H. O. Spitsyna ◽  
H. S. Bidniak
Keyword(s):  
Decision Making ◽  
Video Recording ◽  
Search Problem ◽  
Knowledge Use ◽  
Criminal Proceedings ◽  
Opinion Analysis ◽  
Crime Investigation ◽  
3D Scanners ◽  
Special Knowledge

The article deals with problematic issues regarding the forms of special knowledge use while crime investigation, legislative acts are analyzed. Based on the opinion analysis of criminalistic scientists, forms of special knowledge use divided according to different criteria into procedural and non-procedural, direct and indirect, basic and optional are detailed. The most commonly used forms are indicated, among them: appointment of forensic examinations, involvement of specialist for performing investigative actions, consulting and reference, auditing and monitoring of records, the presence of an investigator during an examination, expert questioning. Legislation changes concerning of examination by a Forensic science institution (expert) only according to the investigating judge decision or court made on the petition of one of the parties to criminal proceedings are analyzed. Positive reform aspects, as well as the argument about the loss of procedural independence of the investigator while decision making under such circumstances were highlighted; it was suggested to review the above changes. Taking into account legislation changes, the role of the specialist during the search relatively of mandatory fixation of this act by means of audio and video recording is indicated. Proposals are offered on the use of several cameras, the use of quadcopters, 3D scanners to capture of the important points for proving of the search. Problem issues existing in the units of criminalistic support during investigative actions are outlined and the mechanism of their solution is proposed. Attention is focused on the use of automated records and prospects for their development.

scholarly journals Reconstruction as a method of crime investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 113-119
Author(s):  
Andrii Hryhorenko ◽  
Oleh Musiienko ◽  
Viktoriia Boiko-Dzhumelia ◽  
Andrii Sakovskyi ◽  
Anna Myrovska
Keyword(s):  
Research Methodology ◽  
Independent Method ◽  
Special Method ◽  
Logical System ◽  
Scientific Methods ◽  
Scientific Cognition ◽  
Crime Investigation ◽  
General Scientific ◽  
The Subject ◽  
Structural Methods

The purpose of the article is to analyze the method of reconstruction as one of the general scientific methods of criminology used in the investigation of crimes. The subject of research is the method of reconstruction in forensic science. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical and legal, formal and logical, comparative and legal, logical, system and structural methods, method of generalization. Research results. General scientific methods of criminology and their significance for crime investigation are considered. Reconstruction as a type of modeling method and its place in the system of forensic methods is defined. The signs of reconstruction and its features distinguishing from modeling are analyzed. The variants of reconstruction and their features are given. Practical meaning. The concept of reconstruction as an independent method of crime investigation and its implementation in the system of investigative (search) actions are proposed. Value / originality. Emphasis is placed on the need for further study of reconstruction as a special method of investigating crimes.

scholarly journals ORGANIZATIONAL AND LEGAL ISSUES OF DOCUMENTS SURVEY PERFORMING WHILE IATROGENIC CRIME INVESTIGATION

2018 ◽  
Vol 18 ◽  
pp. 90-98
Author(s):  
M. V. Kapustina
Keyword(s):  
Medical Record ◽  
Medical Records ◽  
Medical Personnel ◽  
Legal Issues ◽  
Care Provision ◽  
Criminal Proceedings ◽  
Autopsy Report ◽  
Crime Investigation ◽  
Surgical Treatments ◽  
Treatment Prognosis

This article considers organizational and legal issues of performing document survey during of iatrogenic crime investigation. Proposed ways to resolve these problems. Attention is drawn to the fact that investigative survey of documents is preceded by one of the measures to ensure criminal proceedings. Such a measure is temporary access to belongings and documents containing certain information. This information can be used as evidence of the fact or circumstances of the crime. Except familiarization with belongings and documents, this measure allows to make copies, and in the case of a certain decision made by investigating magistrate or court to seize them. The rules and mechanism of this measure application are considered. Attention is drawn to the expediency of medical record seizure, since medical personnel can make changes to documents. They do this in order to avoid responsibility or to hide a crime. A list of documents that are subject to survey during the investigation of crimes committed during medical care provision is defined. Such documents include: patient medical records; autopsy report; medical record of the patient who left the hospital; outpatient medical record; record about surgical treatments at hospital, records about admission to the hospital, refusal of hospitalization, etc. It was noted that information contained in the medical records and can be obtained by investigator during their survey is classified as medical secrecy. Medical secrecy is information about: the disease, medical survey and its results, fact of medical help handling, diagnosis, prescribed treatment, prognosis of the disease, intimate and family side of life, and any medical actions that were taken regarding the patient.

scholarly journals The role of operational and investigative activities in identifying, investigating and disclosing the unlawful benefit of service persons

2019 ◽  
pp. 100-109
Author(s):  
I. Sukhachova
Keyword(s):  
Relevant Information ◽  
Legal Norm ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Procedural Law ◽  
Long Run ◽  
Initial Stage ◽  
The Relationship ◽  
Investigative Activity

It is necessary that with the adoption of the CPC of Ukraine in 2012, which introduced the Institute of Secret Investigative (covert) actions and with the introduction of the amendments and additions to the law of Ukraine "on operational-search activity", significantly changed the relationship between Investigative activities and criminal proceedings. The current legislation, in contrast to the previous one, provides for the possibility of using the operational investigative materials only at the initial stage of the pre-trial investigation and only in some cases – on the future (at the search ad Suspect). At the same time, in practice, in some cases, the use of operational investigative materials for the initiation of pre-trial investigation was unjustified, which is one of the reasons for failure to detect, investigate and disclose the receipt of Undue benefit of official persons. The purpose of the article is reveals the role of operational and investigative activity in detection, investigation and disclosure of illegal benefit. The list of grounds for the HORDES and sources of obtaining relevant information is revealed. It is concluded that the assessment of material HORDES is to determine the degree of conformity (inconsistency) Act (events), information about which (Y) received and recorded in the materials of ORD, criminal legal norm, which sets the signs of illegal benefits. The assessment of the ORD's materials envisages establishing the legality of obtaining materials by the Operational division, adherence to the established procedure of registration, transfer of materials and suitability of their use (regarding affiliation, admissibility and reliability) in the Criminal proceedings. Such an estimation of the ORD materials, which are directly involved in the materials of pre-trial investigation, is of particular importance. Noted that the current criminal procedural law does not contain the notion of operational and investigative activities, but defines only the directions of their use, which complicates their use in criminal proceedings. In the current CPC of Ukraine, the legislator does not provide for the identification of reasons and grounds for initiating pre-trial investigation. Operational investigative materials to start pre-trial investigation can only be realized through such an excuse as an independent identification by an authorized person from any source of circumstances that may indicate the committed criminal (Part 1 of Article 214 of the CPC of Ukraine). It is concluded that, despite the fact that the Institute's role of Covert investigative investigative actions is constantly growing in criminal proceedings as one of the main means of obtaining evidence in criminal proceedings on the receipt of unlawful benefit by the service person. , however, the role of operational and investigative activities also continues to play an important role in identifying, investigating and disclosing the crime in the current CPC of Ukraine. The existence of two jurisdictions of the unspoken detection, investigation and disclosure of crimes, including the receipt of illegal benefit by the official, is not effective and needs to be in the long run of merging the functions of HORDES and pre-trial investigation into investigative Activity.

scholarly journals THE USE OF MEDICAL KNOWLEDGE IN THE CRIME INVESTIGATION

2019 ◽  
Vol 72 (1) ◽  
pp. 103-106
Author(s):  
Viktoriia O. Yaremchuk
Keyword(s):  
Health Care ◽  
Health Care Workers ◽  
Medical Knowledge ◽  
Research Review ◽  
Genome Research ◽  
Criminal Proceedings ◽  
Care Workers ◽  
Crime Investigation ◽  
Forensic Psychiatric ◽  
Selection Of

Introduction: Investigation of many types of crimes is accompanied by the involvement of health care workers. They, with the help of their special skills in the sphere of medicine, assist the investigator in identification, fixation and caption of evidence. Health care workers take part in many investigative procedures, carry out forensic, psychiatric and other kinds of examinations. The aim: To reveal modern forms of using medical knowledge during the crime investigation. Materials and methods: The abstract is based on the teachings of scholars of forensic physicians, criminologists, the results of our survey of investigators and forensic experts, the results of our generalization of criminal proceedings regarding the investigation of murders, normative and legal acts of Ukraine and other sources. The system of scientific knowledge methods: historical, statistical, questionnaires, generalizations and others, was used during the research. Review: Our research reveals the following forms of using medical knowledge during crime investigation. This is the participation of physicians as specialists in investigative procedures, like the review of the scene, interrogation, investigation experiment, examination, participation in the selection of biological samples for carrying out expert examinations, physicians’ assistance in the form of the recreation of the deceased person’s face with a view of its identification, also the consultations of physicians - cardiologists, traumatologists, surgeons, forensic experts, etc., carrying out of forensic and forensic and psychiatric examinations, use of medical knowledge in the form of molecular genome research with the view of person’s identification. The argumentative issues on the interaction between the investigator and the physician during the review of the scene, interrogation and other investigative procedures, implementation of molecular genome research and certain issues arising in the appointment of forensic and forensic psychiatric examinations are reviewed in the abstract. Conclusions: The use of medical knowledge is necessary for investigation of many types of crimes. The forms of using medical knowledge in the crime investigations such as the participation of physicians as specialists in the carrying out of investigative procedures, the physicians’ assistance in the form of the recreation of the deceased person’s face with a view to its identification and physicians’ consultations are widely spread nowadays. The conduct of forensic, medical and forensic and forensic psychiatric examinations is the most widespread. The use of medical knowledge in the form of genotyposcopic and molecular genome research carried out in order to identify a person during the crime investigations is popular nowadays.

scholarly journals Administrative offense as deterrent to prove objective aspect in criminal proceedings

2021 ◽  
Vol 10 (45) ◽  
pp. 99-104
Author(s):  
Ihor Paryzkyi ◽  
Oleksii Humin ◽  
Serhii Matvieiev ◽  
Olha Marchenko ◽  
Alina Chukaieva
Keyword(s):  
Research Methodology ◽  
Criminal Proceedings ◽  
Scientific Cognition ◽  
Modeling Methods ◽  
Criminal Offenses ◽  
General Scientific ◽  
Illegal Acts ◽  
Legal Accountability ◽  
Practical Implications ◽  
Objective Aspect

The purpose of the article is to study administrative offense as a deterrent to proving the objective element in criminal proceedings. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, epistemological, logical and semantic, system and structural, normative and dogmatic, monographic, legal modeling methods. Research results: The article examines the problems of co-existence of administrative and criminal offenses. The signs of delimitation of these illegal acts are determined, as well as difficulties in defining and differentiating between administrative and criminal offences are established, which creates legal gaps and conflicts. The problem of administrative offense as a deterrent to proving the objective element in criminal proceedings is described. Practical implications: The main obstacles to legal accountability related to the consideration of administrative offenses are identified. Value / originality: The ways to overcome the above problems are proposed.

scholarly journals CRIMINAL PROCEDURE FORM: CONCEPT, PROPERTIES, SYSTEM

2020 ◽  
pp. 5-20
Author(s):  
Vladimir A. Azarov ◽  
◽  
Alexandra V. Boyarskaya ◽  
Keyword(s):  
Criminal Procedure ◽  
Dynamic Structure ◽  
Full Time ◽  
Criminal Proceedings ◽  
Cooperation Agreement ◽  
Special Procedure ◽  
General Rules ◽  
Essential Properties ◽  
Judicial Proceedings ◽  
The Given

The article provides the analysis of various definitions of the criminal procedure form and formulates the authors’ position on the issue, based on the properties and the process of forming the legal phenomenon under study. It is proposed to understand the criminal procedure as the normative model of criminal procedure based on the dynamic structure of criminal pro-ceedings and embodying the instructions on the due order of criminal proceedings in all pos-sible ways of its implementation. Consistency and multi variance are examined in the given article as essential properties of the criminal-procedure form. The authors draw attention to the fact that, as a rule, priority is given to consistency while multivariance takes a back seat. At the same time, the question of the possibility of combining individual criminal-procedure forms often arises. It is concluded that legislators significantly underestimate the characteristic of multivariance, that in light of the tendency to deepen differentiation of the criminal procedure creates the problem of the combination of individual elements within the system of criminal-procedure forms. Conventional and differentiated criminal-procedure proceedings, their pre-trial and judicial parts, can overlap each other, line up consistently, forming different combinations, or be implemented in parallel. Specific examples of such combinations in the form of criminal proceedings of private prosecution, with the use of a special procedure of trial, abbreviated inquiry, the special procedure of trial under a pre-trial cooperation agreement are considered. The authors conclude that the combination of individual components of the criminal pro-cedure system should be implemented under some general rules. First, there must be at least one full-time evidence cycle in criminal proceedings, including all elements of proving. Secondly, the imposition or consistent implementation of criminal-procedure forms that simplify both pre-trial and judicial proceedings should be considered unacceptable. Particular attention should be paid to the exclusion of cases of the formation of "twice simplified" criminal-procedure forms, which allow the conviction of a person only based on his guilty plea. Thirdly, when introducing a new differentiated production into the procedural forms, the properties and options of its legal design (complicated or simplified), as well as all possible ways of combining it and interacting with other procedural forms should be clearly defined.

Problems of the rights of participants of criminal proceedings in terms of measures of restraint

2015 ◽  
Vol 9 (1) ◽  
pp. 24-32
Author(s):  
Виктор Новгородцев ◽  
Viktor Novgorodtsev
Keyword(s):  
Preventive Measures ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
The Body ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Family ◽  
The Relationship ◽  
Investigative Activity

The article considers the relationship to ensure the rights and freedoms of participants in the proceedings and other persons in the process of application and the election of preventive measures involving deprivation of liberty. The decision on measures of restraint in the form of home arrest must be justified by specific factual circumstances. They may not be data untested in court, in particular the results of operational-investigative activity granted in violation of the requirements of Art. 89 of the Criminal Procedure Code. The legislator leaves the list of premises open to the court with the circumstances of the case where it shall be entitled to decide on the specific premises for the execution of home arrest at its discretion. The Court needs to check the base of residence of the suspect or the accused in a particular dwelling. That must be a house where the defendant resides, where his property and / or the family resides. Location of home arrest may be outside the municipality, in the territory of which the preliminary investigation on the condition that this would not preclude the implementation of the criminal proceedings, in particular bringing the person in the body of inquiry or preliminary investigation body and the court. The essence of home arrest as a preventive measure, a specific set of prohibitions and restrictions are analyzed. At the same time the court should take into account the identity of the suspect or the accused. Necessary additions are proposed to the law to regulate the process of preparing a preventive measure.

scholarly journals Modern legal and organizational principles for the development of judicial examination in crime investigation

2020 ◽  
Vol 2020 (2) ◽  
pp. 93-101
Author(s):  
Leonenko O. A. ◽  
◽  
Yesypenko O. H. ◽  
Rakhilchuk І.V. ◽  
◽  
...  
Keyword(s):  
Information Retrieval ◽  
Human Memory ◽  
Evidence Base ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Positioning Systems ◽  
Reference Information ◽  
Current State ◽  
Satellite Positioning ◽  
Crime Investigation

The scientific article is devoted to the problems of using forensic examinations and their results in the pre-trial investigation. Perspective directions of development of criminology according to its components are defined. The current state of develop-ment of forensic technology, tools and cybernetics in general, which is successfully used in forensics makes it possible to use retinal schemes to register criminals. It is noted that the development of forensic technologies involves the develop-ment of information retrieval programs, such as Automated Workplaces (AWP) for pre-trial investigation units of Ukraine, as well as other persons authorized to in-vestigate, reference information programs. It is effective to use global satellite positioning systems (JPS devices) while in-vestigating crimes, ZD laser scanners when inspecting the scene, as small elec-tronic devices allow you to capture the geographical coordinates of any point, loca-tion of objects at the scene, the distance between them rather quickly. A new step in forensics in the near future will be the use of "latent fingerprint" (LTF) technology, which will greatly simplify the identification of criminals. Methods of forensic examination in criminal proceedings and their improve-ment using the latest technologies that use computer programs such as "Photoro-bot", the use of audio and video, polygraph, spectrograph, etc. to reproduce human memory and the development of forensic technology, which involves development of information retrieval programs. These new approaches and knowledge used by forensics are a necessary con-dition for the rapid detection of the crime, detection and seizure of physical evi-dence for their further expert studying. The use of the latest achievements of forensic technology in the detection of hidden traces is the key to the formation of a quality evidence base and identifica-tion of a particular person during the pre-trial investigation. Key words: forensics, forensics theory, crime investigation, criminological means of research.

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