scholarly journals FEATURES OF THE SOLUTION OF TECHNICAL AND CRIMINALISTIC PROBLEMS OF THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

2021 ◽  
pp. 364-380
Author(s):  
V. Bondar
Keyword(s):  
Criminal Proceedings ◽  
Advanced Experience ◽  
Criminal Offenses ◽  
Optimal Technology ◽  
Constant Interest ◽  
General Technical ◽  
Practical Recommendations

The article investigates the essence of the technical and forensic situation and reveals the features of solving the technical and forensic tasks of the pre-trial investigation of criminal offenses. Scientific approaches to the problem under study are generalized. A complex of general technical and forensic tasks of an informational nature, solved by conducting investigative (search) actions, has been formulated. The author believes that scientific provisions and practical recommendations should contain typical arguments for making intermediate and final decisions in criminal proceedings, represent a constantly updated complex of forensic algorithms and programs, from which the optimal technology of technical and forensic support of criminal proceedings will be formed. It is proposed to make them the object of constant interest of interrogators, investigators, specialists and an obligatory component of the professional competences of the subjects of the use of forensic techniques. On the basis of scientific generalization and the results of the analysis of advanced experience, typical elements of the actions of specialists in typical technical and forensic situations are identified, for their further use in the form of forensic algorithms and programs for pre-trial investigation of specific types (groups) of criminal offenses.

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 CRIMINAL PROVISION OF CRIMINAL PROCEEDINGS: LEVELS, DIRECTIONS AND FORMS OF IMPLEMENTATION

2020 ◽  
pp. 40-51
Author(s):  
Y. Chornous
Keyword(s):  
General Theory ◽  
Forensic Science ◽  
Relevant Information ◽  
Scientific Basis ◽  
Practical Aspect ◽  
Theory And Practice ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Practical Recommendations

The scientific article describes the concept and essence of forensic support of criminal proceedings, defines the levels, directions and forms of its implementation. It is substantiated that forensic support is realized during the investigation and prevention of criminal offenses, as well as the judicial review of criminal proceedings (cases) using forensic means, methods, techniques according to certain levels, directions and forms. The levels of forensic support of criminal proceedings are distinguished, namely: local; regional; state; international. Considering the established system of forensics, according to which the development of theoretical foundations and practical recommendations of forensic support is based on the provisions of the general theory of forensic science, forensic techniques, tactics and methods, three main areas of forensic crime are defined: forensic. In this case, the general theory of forensic science is of methodological importance for the formation of their scientific foundations. According to the mentioned directions, the main forms of forensic support of criminal proceedings are distinguished: – in the direction of technical and forensic support: the use of technical means and methods of detecting, fixing, collecting, investigating the traces of crime, other forensically relevant information, including through the use of special knowledge, involving specialists in investigative (investigative) actions; fixing the course and results of investigative (investigative), court actions; maintaining criminal registration and forensic records systems; involvement of experts and carrying out of expertise; – in the direction of tactical and criminalistic support: improvement of existing and development of new tactical techniques and their complexes; formation of tactics of investigative (search) actions; – in the direction of methodological and forensic support: development of new methods of investigation of criminal offenses (according to the criminal law and forensic classification); formulating recommendations to increase the effectiveness of the method of investigation of certain types (groups) of criminal offenses. These levels, directions and forms of forensic support should be considered in the scientific and practical aspect, which consists in creating the scientific basis of the tools, methods and techniques used the formation of practical recommendations for their application. The unity of theory and practice ensures effective achievement of the set goals in the system of forensic support of criminal proceedings.

scholarly journals Prosecutor, as guarantor of legality during registration statements, reports on committed criminal offenses: problems and reality

2019 ◽  
Vol 31 (1) ◽  
pp. 194-202
Author(s):  
K. Shapovalovа
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Criminal Offenses ◽  
Practical Recommendations ◽  
Investigation Information

The article deals with the issues of procedural ensuring of consideration of applications and reports on criminal offenses committed in the activities of the investigation authorities, analyzes the peculiarities of the supervisory activity of the prosecutor at this stage of criminal proceedings, identifies his powers, the main criteria for assessing the effectiveness of prosecutorial supervision over observance of laws in the activities of investigating agencies, generalized violations  in the form of not entering into the Uniform Register of pre-trial investigation information about criminal law enforcement.  Based on the analysis of the CPC of Ukraine, departmental orders and instructions of law enforcement agencies that regulate the issues of filing and reviewing applications and reports on criminal offenses, the algorithm of the actions of the prosecutor on ensuring compliance with the lawfulness of the investigation bodies during the reception, registration, registration and consideration of applications is determined and characterized, reports of criminal offenses committed.  A number of theoretical provisions, conclusions and practical recommendations aimed at improving the norms of the national legislation and increasing the efficiency of the prosecutor's activity in the field of criminal proceedings are formulated.

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.

scholarly journals General laws of competition duel and universal requirements to technical-tactic fitness of elite wrestlers

2016 ◽  
Vol 20 (1) ◽  
pp. 37-42 ◽  
Author(s):  
G.V. Korobeynikov ◽  
S. V. Latyshev ◽  
N.V. Latyshev ◽  
A.U. Goraschenko ◽  
L.G. Korobeynikova
Keyword(s):  
Olympic Games ◽  
Training Process ◽  
Advanced Experience ◽  
General Technical

Purpose: to determine and formulate general technical-tactic laws (rules) of competition duel in modern free style wrestling. Material: competition functioning of free style wrestlers at Olympic Games has been analyzed. Results of authors’ own pedagogic observations and advanced experience of free style wrestling specialists have been generalized. Results: it was found that victory in duel can be resulted only from attacking tactic of duel. It was determined that wrestlers’ activity (quantity of actual attacks in unit of time) varies from 1 to 2.2 attacks per minute. Reliability of attack (ratio of quantity of assessed attacks to quantity of actually fulfilled attacks) is within 0.33-0.63. Reliability of defense (ratio of quantity of successfully repelled opponent’s attacks to general quantity of his actual attacks) is from 0.55-0.78. Efficiency of fighting in stance is within 0.6-1.3 points per minute. Efficiency of ground fighting is 1.3-2.3 points per minute. Conclusions: coach shall bring the formulated laws in compliance with specificity of his functioning and consider them, when planning training process of junior wrestlers.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals ENSURING COMPENSATION FOR DAMAGE CAUSED BY CRIMINAL OFFENSES AS A RESULT OF SCAMMING ACTIVITIES IN THE FIELD OF TOURISM

2020 ◽  
pp. 369-376
Author(s):  
Г. В. Захарова
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Legislative Proposals ◽  
Compensation For Damage ◽  
Legal Compensation

The purpose of the article is to study the legal regulation and law enforcement practices on compensation for victims of criminal proceedings due to fraud in the field of tourism, identify problematic aspects in this direction, and make regulatory legislative proposals to improve legal compensation for victims of criminal proceedings. The article considers some issues related to compensation for damage caused by a criminal offense as a result of fraudulent acts in the field of tourism. The issues of legal regulation under domestic legislation and the legislation of individual European countries on compensation by the state for damage caused to victims are analyzed. It is emphasized that the priority for victims of fraudulent criminal acts is the requirement of compensation for damage, as well as the issue of compensation, compensation for such damage. It turns out that the voluntary compensation of victims by criminals directly depends on the quality and totality of the indictments collected against them, which fully expose their criminal activities. Meanwhile, the legislator did not pay enough attention to the possibility of voluntary compensation for damage to the person who caused it, as well as the benefits of voluntary compensation for damage. The legal provisions to be settled on this issue are indicated. Emphasis is placed on the need for timely pre-trial investigation of relevant traditional measures aimed at finding and locating, staying, both movable and immovable property, securities, jewelry, etc., which may be seized, in order to ensure compensation to the victim. damage. Emphasis is placed on the effectiveness and expediency of using the capabilities of IT technologies of relevant information resources, Internet services, and monitoring of websites that contain information that can help find as soon as possible the property of criminals who can be seized. At the same time, it is noted that the creation and proper functioning of the state fund for compensation to victims of crimes will be an additional constitutional guarantee that will only strengthen human security and increase the overall authority of the state.

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 ANALYSIS OF THE CURRENT STATE OF SCIENTIFIC RESEARCH PROBLEMS OF OPERATIONAL AND EXPLORATORY DOCUMENTATION

2020 ◽  
pp. 408-416
Author(s):  
А. А. Саковський
Keyword(s):  
The State ◽  
Theory And Practice ◽  
Scientific Development ◽  
Modern Theory ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Current State ◽  
Criminal Offenses ◽  
Research Problems ◽  
National Police

The relevance of the article is that the Constitution of Ukraine stipulates that a person, his life and health, honor and dignity, inviolability and security are recognized in our state as the highest social value. The activity of law enforcement bodies and judicial authorities in the state is aimed at ensuring the implementation of this provision of the Basic Law of Ukraine. Protection of the rights and legitimate interests of individuals and legal entities is one of the tasks of criminal proceedings which is achieved through the implementation of others - by prompt and full disclosure of crimes, exposing the perpetrators and ensuring the proper application of the Law. The purpose of the article is to determine the current state of scientific developments of operational and investigative documentation in the process of combating crime by units of the National Police of Ukraine. The state of scientific development of problems of operative-search documentation by generalization and systematization of results of monographic works of domestic and foreign scientists, and also scientific researches on the researched subjects, stated in manuals, methodical recommendations, lectures and scientific articles of different historical periods is analyzed. For in-depth study of these issues, the chronological principle of presentation of the material was chosen, which provides an opportunity to highlight the defining ideas and views of the formation of modern operational and investigative documentation. It was found that today, in the legal literature and practice, along with the term "operational documentation" has become widespread concept of "operational and technical documentation" of criminal offenses, as these terms are used not only in forensic, operational and investigative, but also other aspects , where they have different meanings, although identical in meaning, which is the need to ensure compliance of the process of operational and technical documentation of criminal offenses with the requirements of applicable regulations governing the admissibility, procedure and conditions of its implementation. It is stated that the study indicates the need and relevance for modern theory and practice of ORD conducting at the monographic level of a comprehensive study of theoretical, legal and organizational and tactical principles of operational and investigative documentation in the fight against crime by the National Police of Ukraine.

scholarly journals Criminal offenses - a new institute of criminal legislation of Ukraine

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Criminal Legislation

The article analyzes the feasibility of introducing the institution of criminal offense. The focus is on reforming the criminal justice system. It was found out that one of the directions of reforming the criminal justice of Ukraine is the introduction of the institute of criminal misdemeanor in the criminal legislation. According to the results of the study, different approaches to the expediency of establishing liability for misconduct in the criminal legislation of Ukraine have been identified. It is reasonable that changing the understanding of the concept of crime and the criteria for its evaluation is not an easy path, but in today's conditions the introduction of criminal offenses is a progressive, timely and unalterable step, as no scientific developments can solve law enforcement problems. Keywords: criminal proceedings, institute of criminal offense, crime, reforming, criminal legislation, Concept of reforms, criminal justice

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