Determining the Grounds for Conducting Examination through the Prism of Investigative Practice

2020 ◽  
Vol 79 (4) ◽  
pp. 61-65
Author(s):  
Я. Ю. Конюшенко
Keyword(s):  
Crime Scene ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Initial Stage ◽  
Procedural Code ◽  
Legislative Amendments ◽  
Legal Grounds

The problems of determining the grounds for such an investigative (search) action as an examination have been clarified. The purpose of the article is to determine the grounds for conducting an examination, as well as to distinguish problematic aspects that arise in the investigative practice at the initial stage of conducting an examination. It has been determined that there must be factual and legal grounds for conducting an examination. The factual grounds, in contrast to the legal ones, are not defined in the Criminal Procedural Code of Ukraine. However, their legislative specification is inexpedient, since it is impossible to predict all cases for this investigative (search) action in advance. The factual grounds are the data recorded in the materials of criminal proceedings, for example, that the body of a suspect, witness or victim has traces of a criminal offense or special signs, the detection of which is important for criminal proceedings. The legal ground for conducting the examination is the decision of the prosecutor (Part 2 of the Art. 241 of the Criminal Procedural Code of Ukraine). The study of investigative practice has revealed investigators, prosecutors’ violations of the procedure of conducting the examination, in particular failure to present the prosecutor’s decision and “substitution” of the examination with the crime scene search during the recording the person’s handwipes, which are the grounds for the court to declare the evidence inadmissible. The analysis of the investigative practice showed the need for legislative amendments in regard to conducting the examination. We should stipulate the possibility to conduct the examination by the order of an investigator, followed by notification of a prosecutor. The indicated propositions should be implemented in Part 2 of the Art. 241 of the Criminal Procedural Code of Ukraine.

scholarly journals General Requirements for Secret Investigative (Search) Actions: Procedural Characteristics

2020 ◽  
Vol 90 (3) ◽  
pp. 212-223
Author(s):  
Я. Ю. Конюшенко
Keyword(s):  
Appellate Court ◽  
Legal Basis ◽  
General Requirement ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Third ◽  
Territorial Jurisdiction ◽  
Procedural Code ◽  
The Right ◽  
Comprehensive Study

A comprehensive study of the provisions of the Criminal Procedural Code of Ukraine, which regulate the general requirements for secret investigative (search) actions, has been carried out. A comparative analysis of the legislative provisions on the issue has been carried out, which made it possible to distinguish seven groups of general requirements for the implementation of secret investigative (search) actions. The first general requirement of secret investigative (search) actions includes restrictions on their use in criminal proceedings, as they are carried out only in cases where information about the criminal offense and the person who committed it, cannot be obtained in any other way. The second general requirement for conducting secret investigative (search) actions includes restrictions on their use in criminal proceedings, in particular the fact that they are conducted exclusively in criminal proceedings for grave or especially grave offenses. The third general requirement for conducting secret investigative (search) actions is that the legal basis for their implementation is a lawful, reasoned and motivated decision of the investigating judge, issued at the request of the prosecutor or investigator, agreed with the prosecutor. The fourth general requirement for conducting secret investigative (search) actions is that the investigating judge of the appellate court has the right to make the decision to implement them, where the pre-trial investigation agency is within the territorial jurisdiction of that judge. The fifth general requirement includes rules concerning the content of the application for a permit to conduct secret investigative (search) action, the procedure for its consideration by the investigating judge and the content of the decision of the investigating judge. The sixth general requirement for conducting secret investigative (search) actions includes rules that set deadlines for their implementation. The seventh general requirement for conducting secret investigative (search) action includes the rule that the investigator, the interrogator conducting the pre-trial investigation, or, on his behalf or on behalf of the prosecutor, authorized operative units have the right to conduct secret investigative (search) actions.

scholarly journals Implementation of the normative content of the principle of ensuring the right to liberty and security of person in the course of criminal procedural evidence

2021 ◽  
Vol 66 ◽  
pp. 235-239
Author(s):  
T.M. Miroshnichenko
Keyword(s):  
Judicial Review ◽  
Criminal Liability ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
House Arrest ◽  
The Law ◽  
Precautionary Measures ◽  
The Right ◽  
Normative Content

Consolidation at the level of the Constitution of Ukraine of the principle of ensuring the right to liberty and security of person necessitated the study of its essence and normative content in order to assess the correctness of the legislative approach to formulating the principle at the level of sectoral regulations. The normative content of the principle is enshrined in Art. 12 of the CCP. Analysis of the wording of this article allows us to identify three components of the principle, which reflect its requirements: prohibition, protection, security. The first element of the principle is the provisions of Part 1 of Art. 12 of the CCP. The key concepts that substantively fill this element are the following: restriction of freedom in criminal proceedings is possible only by a reasoned court decision; the reason for such a restriction is the suspicion of committing a criminal offense; restriction of liberty occurs in the manner prescribed by the Criminal Procedure Code. Procedures for restricting the right to liberty are corrected due to the importance of the restricted right. Judicial review proceedings on the prosecution's request to choose precautionary measures restricting liberty are characterized by its active position in proving the circumstances, which is the basis for restricting a person's liberty. The investigating judge, in the presence of a duly motivated and substantiated request, takes an active position solely to verify the information that is the basis of the request. The content of the element of protection consists of the provisions of the law on: the need to bring the detainee to the investigating judge as soon as possible and to check the legality and validity of the restriction of liberty; notification of the detention of the person of her relatives. The third element of the normative content of the principle is formulated in Part 5 of Art. 12 of the CCP. The law provides for criminal liability for knowingly illegal detention, pretext, house arrest or detention (Article 371 of the CPC), as well as the possibility of compensation for damage caused by illegal decisions, actions or omissions of the body carrying out investigative activities, pre-trial investigation, prosecution or court (Article 130 of the CPC).

scholarly journals Situation of crime as an element of forensic description of pimping committed by organized group

2020 ◽  
Vol 1 (1) ◽  
pp. 238-244
Author(s):  
Yevdokiya Buzhdyhanchuk
Keyword(s):  
Crime Scene ◽  
Time Of Day ◽  
The Other ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Broad Concept ◽  
Recreation Centers ◽  
The One ◽  
Full Investigation ◽  
Group 1

The article deals with some aspects of the pimping investigation by an organized group. The crime situation as the element of the criminalistic characteristic of this offence is examined, and its relation with other elements is examined too. The author emphasizes that the crime scene is a broad concept that includes a number of elements that characterize the environment in which a socially dangerous act is committed. They must always identify the time, place and conditions of the crime that are relevant to his full investigation. The crime scene should be investigated from different directions. In particular, on the one hand, as the geographical spread of the investigated criminal offense, on the other - the specific place of its commission. The location of the pimping is part of the event. It contains a large amount of information about the mode of commission of a criminal offense, certain data about the identity of the offender. On the basis of the investigation of materials of criminal proceedings the author has identified the following places of committing pimping by an organized group: 1) recreation establishments (of which: night clubs, cafes, bars, restaurants); 2) weekend or vacation establishments (of which: recreation centers, hotels, "rental" apartments); 3) facilities for sports and wellness (of which: spas, massage rooms, wellness centers); 4) the place of residence of the "client" (of which: apartments, houses, holiday cooperatives); 5) vehicles; 6) other places. It has been noted that the frequency of pimping by an organized group depends on the time of day as follows: about 7% are done in the morning (from 6 to 12 hours); 14% - in the afternoon (from 12 to 18 hours); 42% - in the evening (from 18 to 24 hours); 37% - at night (1 to 6 hours). And according to the criterion of the season, these actions are performed in the summer in 22% of cases; in the fall - 25%; in winter - 21%; in the spring - 32%. Also important are the conditions of the criminal offense under inves-tigation.

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

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

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

scholarly journals Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions

2020 ◽  
Vol 90 (3) ◽  
pp. 255-265
Author(s):  
О. О. Юхно
Keyword(s):  
Law Enforcement ◽  
Retrospective Analysis ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Principles ◽  
European Court ◽  
Procedural Code ◽  
Procedural Rights ◽  
National Police ◽  
Legal Grounds

The author of the article provides a retrospective analysis of the provisions of legislative acts of Ukraine, decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as some national criminal procedural legislation and departmental regulations on legal grounds for procedural activities and interaction of operative units to execute written instructions of interrogators, investigators, prosecutors on investigative (search) actions and secret investigative (search) actions. The author has made a retrospective analysis of the introduction of this amendment to the Criminal Procedural Code of Ukraine since 2012, as well as the legal grounds for its use in pre-trial investigation and has focused on the conclusions about its significant prevalence in law enforcement activities of pre-trial investigation, and in connection with recent amendments in the legislation also in the initial practice of the inquiry agencies of the National Police of Ukraine. The author researched positions of scholars and representatives of scientific schools in relation to the conceptual apparatus and the essence of the concept of “interaction” in general, as well as “interaction” between pre-trial investigation and inquiry agencies and operative police units in this direction. Special attention has been paid to the study of the peculiarities of forms of interaction and its subjects in criminal proceedings, as well as the existing legislative and practical issues concerning the compliance with operative deadlines of police orders of interrogators, investigators and prosecutors and has suggested the ways to solve them in practice and, in particular, at the legislative level. Additionally, it has been established, substantiated and focused on theoretical and applied improvement of the use of such a feature in law enforcement activities that operative staff, in carrying out written instructions of interrogators, investigators and prosecutors on the conduction of investigative and secret investigative actions, has procedural rights of the investigator and interrogator. Based on this, the author also offers propositions and recommendations in this area.

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

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

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

scholarly journals CRIMINALISTICS - FORENSIC PROCESSING OF THE PLACE OF A CRIMINAL EVENT

2021 ◽  
pp. 77-89
Author(s):  
ŽELJKO NINČIĆ
Keyword(s):  
Criminal Activity ◽  
Crime Scene ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Different Types ◽  
Cover Up

Every person who commits a criminal offense tries both to cover up his criminal activity and to remove traces at the place of execution that would be incriminating for him and could bring him in connection with the criminal offense. However, despite such efforts the place where a certain criminal event took place, in most cases is a place where it is possible to find different types of traces and objects related to the crime. Most of these traces and objects, often have their origin and are related to a specific crime. However, traces and objects can be found that are not related to the specific crime and perpetrator or have some remote connection but are not crucial for its elucidation. Resolving such a dilemma implies determining the relevant relationship between the traces and objects found at the scene of the criminal event and the criminal act and its perpetrator. In that case, criminal (forensic) processing of the crime scene is an activity that is crucial for establishing legally relevant facts and for the success of criminal proceedings. The paper discusses the specifics of criminal – forensic processing of the crime scene. The existence of different types of traces at the crime scene is pointed out and the importance of their finding, fixing, interpretation and packaging is emphasized. Special emphasis is placed on the need to determine the causal consequential links between the traces and objects found and the specific criminal offense and the perpetrator, i.e., their probative credibility in the context of the outcome of the criminal proceedings.

scholarly journals Problems of interaction of operational-search units of the National police of Ukraine during the investigation of criminal offences

2020 ◽  
Vol 4 (4) ◽  
pp. 270-274
Author(s):  
Serhiy Obshalov
Keyword(s):  
Task Force ◽  
The Body ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Mutual Exchange ◽  
Joint Activities ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Crime Investigation ◽  
National Police

The scientific article is devoted to the coverage of some aspects of the interaction of operational and investigative units of the National Police of Ukraine during the investigation of criminal offenses. The concept, essence and forms of interaction during the pre-trial investigation are considered. It is noted that the interaction of the National Police provides the most effective investigation of socially dangerous acts. After all, thanks to the joint activities of employees of different departments, information of any plan is obtained, as well as possible rapid and rational implementation of various pro-cedural actions. The investigation of serious crimes requires employees to plan their actions quite clearly. Therefore, research and recommendations on the interaction of any units of the National Police is un-doubtedly one of the most progressive areas of achieving the purpose of criminal proceedings and research in general. The author supports the position that cooperation is a form of organization of crime investigation, which consists mainly in law-based cooperation of the investigator with the body of inquiry, agreed on the goals, time and place, carried out in order to fully and quickly detect crimes, comprehensive and com-prehensive. effective investigation of criminal proceedings and search for hiding criminals, stolen valuables and other objects relevant to the case. Among the procedural forms of their interaction in the investigation of serious and especially se-rious crimes are: the implementation of the investigator's instructions to conduct investigative (investigative) actions and covert investigative (investigative) actions; execution by the operative unit of the investigator's instructions on verification by operative-investigative means of information that is important for establishing the presence or absence of grounds for entering information into the URPI on operative materials. Among the organizational forms in the investigation of serious crimes are the following: joint planning of the initial stage of the investigation; coordinated activities as part of the investigative task force; mutual exchange of information between the investigator and employees of operational units; joint use of forensic and operational-technical means.

scholarly journals Prevention of Criminal Offenses as One of the Tasks of Criminal Proceedings

2020 ◽  
Vol 79 (4) ◽  
pp. 86-91
Author(s):  
А. В. Рось ◽  
Р. М. Балац
Keyword(s):  
Crime Prevention ◽  
Historical Development ◽  
Criminal Proceedings ◽  
Topical Problem ◽  
Criminal Offense ◽  
Current State ◽  
Criminal Offenses ◽  
Practical Research ◽  
Procedural Code

The topical problem of preventing criminal offenses as a task of criminal proceedings has been studied. It has been established that the current state of crime in Ukraine and the negative tendencies that have occurred in the process of its development in modern conditions, in particular the growing number of criminal offenses, necessitates scientific and practical research to combat these socially dangerous phenomena, including in regard to the forms, methods and means of their prevention. The emphasis has been placed on crime prevention as the most socially dangerous acts. The historical development of crime prevention at different stages of society development has been studied. The author has analyzed regulatory acts of Ukraine, which contain the tasks on preventing criminal offenses within criminal proceedings. Certain terms have been defined, in particular: “prevention”, “preventive activities”, “cessation of criminal offenses and their relationship”. The author of the article hold the view that all the specified terms have a common feature, which is to carry out actions that prevent the commission of criminal offenses. The concept of “prevention of criminal offenses during the pre-trial investigation” has been formulated, which should be understood as the activities of investigators, interrogators, prosecutors aimed at applying certain procedural measures provided by the Criminal Procedural Code of Ukraine in order to prevent a person suspected of committing a criminal offense to commit criminally illegal or other actions that could destabilize the investigation of criminal proceedings. It has been concluded that it is necessary to further improve the functions of investigators (interrogators) on preventive activities during the pre-trial investigation of criminal proceedings to eliminate the identified causes and conditions that contributed to the commission of a criminal offense as one of the tasks of criminal proceedings.

scholarly journals Typical investigative situations during the investigation of mass riots

2020 ◽  
Vol 4 (4) ◽  
pp. 342-246
Author(s):  
Anton Lisnyak
Keyword(s):  
Police Officers ◽  
Important Task ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
Initial Stage

The article highlights the features of the investigation of mass riots. Typical investigative situations during their investigation and the most expedient algorithms of actions of police officers for faster investigation of a criminal offense have been considered. The author has emphasized that a typical investigative situation is a set of circumstances to be proved in criminal proceedings on a crime, other circumstances that have arisen in the course of inves-?igative actions, officially and informally established, perhaps even in conjunction with the escalation of contradictions between participants, sub ' objects of forensic activity and other persons. The author maintains that taking into account the typical and individual in the investigation of each specific criminal proceeding makes this process more effective. The role and significance of investigative situations are primarily due to the fact that they are a model for clarifying the unknown elements of a particular situation; their separation and consideration allows during practical activities to save time to determine the feasibility of certain measures in the investigation of crimes. In the typical initial investigative situations of certain types of crimes developed by criminologists, data are concentrated that allow to develop scientific recommendations for the most effective promotion of general and individual versions in the course of investigative activities. Therefore, the typification of the initial investigative situations is an extremely important task that will contribute to the development of effective methods for investigating riots, as well as effective practical activities for the investigation of crimes of this kind. The author has noted that in the investigation of mass riots, the amount of evidence that can be seized during the effective conduct of investigative (search) actions and other measures is quite significant. The initial investigative situation includes a number of stages, the passage of which means its solution. Each of them has its own tasks and ways to solve them. Based on the analysis of a number of scholars’opinions and materials of criminal proceedings, the author identified typical investigative situations of the initial stage of the investigation of mass riots.

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