Блог

DOI: https://doi.org/10.33994/kndise.2022.67.32

D. Rud

The article is devoted to the definition of professional training of persons performing law enforcement functions and the features of training specialists in the specialty “Law enforcement” are considered. The problematic issues of the conceptual foundations for improving the activities of law enforcement agencies and the quality of their training have been identified and identified. The foreign experience aimed at solving such important issues as organizing the training of persons and protecting the rights and freedoms of man and citizen has been studied and noted.

The purpose, content and main tasks of professional training are listed. It is shown that improving the quality of professional training of police officers requires the introduction of innovations, the involvement of highly qualified employees and the introduction of the experience of professional training of police officers from foreign countries.

Thus, in the article, on the basis of generalization, the practice of qualification requirements for persons of law enforcement specialists is considered. It is considered how, since the reform of the new police of Ukraine, the requirements for law enforcement officers have increased.

It was stated that the issue of training specialists in law enforcement today is given extraordinary attention since the reform of the system of the Ministry of Internal Affairs of Ukraine is proceeding very rapidly, there are big changes in the current legislation both to the Criminal Code of Ukraine, both to the Criminal Procedure and other legislative acts to which law enforcement officers are subject. Regarding the professional training of police officers, we have identified the following stages:
1. Conduct further development of professional qualities that create a positive image of Ukraine and increase the level of confidence in the employees of the National Police of Ukraine.
2. Expand even more experience with European countries and the USA. Those.today we position ourselves as a European country, our law enforcement specialists prove this to us in our time, but we want even more, so that every person trusts the police even more, as is the case in European countries.
3. To promote the development of higher educational institutions of the Ministry of Internal Affairs of Ukraine on the provision of educational services (basic) for the training, and retraining of specialists.
4. And to promote the development of the personnel issue on the introduction of world experience in the training of law enforcement agencies, in order to create a highly professional personnel corps that effectively and efficiently solved the tasks assigned to the National Police of Ukraine.

Key words: law enforcement, reform, competence, professional training of law enforcement officers, learning outcomes, international experience

DOI: https://doi.org/10.33994/kndise.2022.67.31

O. Ryzhyi

The article is devoted to the scientific analysis of the assessment of the testimony of a suspect, accused, witness, victim, or expert in the court of the first instance. In order to establish the subjects authorized to carry out these activities in the criminal process, such
categories as “assessment of evidence”, “activity of the court in the study of evidence”,
and “competitiveness” have been researched and analyzed. Arguments are given that in
the process of judicial proceedings in the court of the first instance, the only subject of
evaluation of testimony and evidence is the court.

Evaluation of the testimony of a suspect, accused, witness, victim, an expert in a court of the first instance is the mental logical activity of a judge, which consists of the fact that, guided by the law and legal consciousness, the judge, according to his inner conviction, considers the information contained in the testimony separately, as well as in conjunction with other evidence determines their belonging, admissibility, reliability, and sufficiency for making intermediate and final decisions in judicial criminal proceedings. In other words, this is the acceptance by the court of the legal quality of the testimony provided by the parties or collected by the court, as a result of which they acquire or do not acquire legal force.

Key words: criminal proceedings, testimony, evaluation of evidence, trial.

DOI: https://doi.org/10.33994/kndise.2022.67.30

Ya. Nedilko

The article is devoted to the peculiarities of conducting investigative (search) actions during the investigation of criminal offenses committed using information technology (cybercrime) under martial law. The procedural and tactical features of conducting separate investigative (investigative) actions in the investigation of cybercrimes under martial law are considered.

The domestic procedural legislation regulating the conduct of investigative (search) actions under martial law is studied. Also, an analysis of certain provisions of Article 615 of the Criminal Procedure Code of Ukraine was carried out.

The article discusses the features of conducting an inspection, search, and interrogation in videoconference mode during the investigation of criminal offenses committed using information technology (cybercrime) under martial law. The adopted amendments to the legislation improving the conduct of inspection and search are analyzed. The scientific literature has been summarized and tactical recommendations to investigators and prosecutors on conducting an inspection and interrogation in videoconference mode during martial law have been highlighted. It is noted that the effectiveness of interrogation in videoconference mode depends on the serviceability and modernity of the technical means to be used, as well as the speed of information transmission.

It is noted that it is necessary to improve the process of recording the screen by creating a Linux-based operating system for the investigator and an additional program for fixing illegal actions. This program should record all the actions of the investigator to investigate and record the evidentiary information left in the electronic environment. In particular, the program must record the moment of entry into the operating system, the opening of the corresponding fixation programs, the time of this action, which resource is being investigated, and the like. At the same time, the received video recording data (CD-ROM, USB flash drive) should be attached to the inspection protocol.

Key words: information technology, cybercrimes, martial law, individual investigative (detective) actions, examination, search, interrogation via videoconference.

DOI: https://doi.org/10.33994/kndise.2022.67.29

V. Myhalatiuk

The article is devoted to the analysis of the procedural order for working with information, highlighting the theoretical and legal foundations for implementation, as well as determining the main directions for further improving the criminal procedural legislation, and the like. As a result of the study, several provisions and conclusions were formed regarding the deepening of the theories of criminal procedure and forensic science, the substantiation of proposals for improving the current criminal procedural legislation, the development of modern forensic recommendations (technologies) for the investigation of crimes.

We draw your attention to the fact that the high efficiency of crime investigation directly depends on modern information technology support of criminal proceedings. Analysis of regulations and investigative practice of using modern technologies for the use of information in criminal proceedings makes it possible to improve algorithms (forensic techniques) for investigating certain types of crimes.

The problems of using information technology support for the investigation of crimes fell into the circle of studies of both foreign and Ukrainian scientists. However, the analysis of normative acts – the existing regulatory framework governing the issues of modern technologies for the use of information in criminal proceedings, allows us to make a preliminary conclusion that in the existing forensic studies, insufficient attention is paid to the use of modern technologies for the use of information in criminal proceedings.

With the development of scientific and technological progress, the possibilities of technical and forensic methods and means in the investigation of crimes increase. An indicative situation in this respect was observed in forensic photography; now it is observed: in the use of the capabilities of the Internet, computer technologies (the formation of an element base on ultra-large integrated circuits, ensuring productivity up to 10,000,000,000 operations per second, the presence of artificial intelligence, which significantly expands the capabilities of computers in processing incoming information, the ability of a person to communicate with computers on natural language through speech and graphic exchange of information, etc.), nanotechnology, laser technology, robotics, the use of human intelligence, progress in engineering, medicine, chemical (pharmaceutical) industry, continued automation (workplace, mobile laboratories, etc).

Increasing the efficiency of the use of forensic tools and methods is possible only under the condition of a systematic solution of interrelated problems of organization, legal regulation, scientific, technical, and methodological support of this process. It should be borne in mind that there are no “trifles” when cleaning up the traces of crimes with the use of technical and forensic means and methods to uncover and investigate crimes.
Thus, during this study, we came to the following conclusions: 1) the dissemination of scientific and technical methods and means in law enforcement activities predetermines further scientific (theoretical) rethinking of legal, organizational, and tactical problems of their use; 2) information support of criminal proceedings, carried out at the present stage of development and reform of law enforcement agencies in Ukraine, requires a wider involvement and application of modern information technologies, and the latest achievements in various fields of science; 3) modern information technology is a complex tool that opens new prospects for application in investigative, operational, expert, advocacy, prosecutorial and judicial activities.

Key words: innovation, information, criminal proceedings, crime investigation,
modern technologies

DOI: https://doi.org/10.33994/kndise.2022.67.28

A. Grebenyuk

The purpose of the publication is to improve the concept, disclose the content and generalize the classification of tactical operations conducted during the pre-trial investigation of criminal offenses, as well as develop forensic recommendations for
the use of covert investigative (search) actions and compliance with information security measures.

The need for tactical operations in the investigation of criminal offenses is due to the fact that in complex investigative situations, single and disparate actions to achieve the desired goal is impossible, or sometimes extremely difficult. It is possible to classify tactical operations in the investigation of a crime on various differentiated grounds. The components of a tactical operation are the means, forces (participants), leader, tools and conditions.

A tactical operation is defined as a system (complex) of investigative, operational and investigative and other (usually organizational) activities carried out according to a single plan under the guidance of an investigator and aimed at solving certain intermediate tasks subordinated to the general objectives of successful pretrial investigation of a criminal offense.

The use of covert investigative (search) actions during a tactical operation imposes a number of mandatory requirements on such a tactical and forensic complex.

Information security of the tactical operation, in case of opposition to the investigation of a criminal offense, should include measures: appropriate personnel of the participants of the tactical operation; inclusion in the garlic of the operation of information security specialists; instructing the participants of the tactical operation on the procedure for the circulation of information containing investigative secrecy; information protection measures both in the premises where the participants of the operation are located and in the premises and on the territory where the investigative actions, operative-search and organizational measures are carried out; prevention of leakage of data that constitute investigative secrecy from direct and indirect participants in investigative actions, operational and investigative and organizational measures; introduction of a proper procedure for the circulation of information containing investigative secrecy between the participants in the tactical operation, with the definition of access levels, awareness, channels and forms of transmission; determining the procedure for responding to the leakage of such information by conducting appropriate official inspections, especially in cases where the participants in
the tactical operation are employees of various departments (Security Service of Ukraine, National Police, Military Law Enforcement Service in the Armed Forces of Ukraine, state border guards, etc.).

Key words: tactical operation, complex tactical tool, combination of investigative actions, information security, covert investigative (search) action, counteraction to investigation, detection and investigation of crimes, methods of crime investigation.

DOI: https://doi.org/10.33994/kndise.2022.67.27

S. Bukhonskyi

The article is devoted to the analysis of the historical, legal, and theoretical foundations for changing the normative model for the beginning of a pre-trial investigation under the current Criminal Procedure Code of Ukraine, as well as determining the main directions for further improvement of the criminal procedural legislation, etc. As a result of the study, several provisions and conclusions have been formed regarding the deepening of the theories of criminal procedure and forensic science, substantiation of proposals for improving the current criminal procedural legislation, and the development of modern methodology (techniques) for investigating crimes.

It is noted that the current stage of criminal law enforcement requires the maximum approximation of the system of domestic criminal legislation to European standards. In this aspect, the formation of an effective system of pre-trial investigation is impossible without a comprehensive analysis and generalization of the state of crime in the country and abroad, means of combating it, and the processes of further reforming the criminal procedural legislation and the criminal justice system as a whole.

It is emphasized that this problem was traditionally considered by domestic scientists in the plane of the Criminal Procedure Code of Ukraine in 1960. However, relying on the legislation of the past, they cannot fully satisfy the modern requirements and challenges of investigative practice. First of all, it concerns the determination of the beginning of criminal proceedings – the emergence of a criminal procedural legal relationship.

The consideration of several drafts of the Code of Criminal Procedure of Ukraine of different editions on these issues is illustrated.

Thus, during this study, we came to the following conclusions. An analysis of the criminal procedural legislation does not allow us to unequivocally deny the possibility of carrying out verification actions before entering information into the ERDR. However, the question arises as to how complete information about the act is necessary to obtain for the proper implementation of its preliminary legal qualification, clarification of other information listed in part 5 of article 214 of the Code of Criminal Procedure of Ukraine, as well as the fulfillment of the requirements of part 4 of article 26, article 477 of the Code of Criminal Procedure of Ukraine.

According to Part 2 of Art. 93 of the Criminal Procedure Code of Ukraine, one of the ways to collect evidence by the prosecution is to conduct investigative (search) actions. At the initial stage of the pre-trial investigation, before entering information into the Unified Register of Pre-trial Investigations, in urgent cases, only an inspection of the scene of the incident can be carried out from the entire system of investigative (detective) actions provided for in the Code of Criminal Procedure of Ukraine.

However, the criminal procedural regulation of the inspection of the scene in part 3
of Art. 214 Code of Criminal Procedure of Ukraine is imperfect. Among the shortcomings, one should first highlight the gaps in determining the legal grounds for conducting an inspection of the scene of an incident in a person’s housing or other possessions, the imperfection of the legal regulation of further work with temporarily seized property, determining the types of inspections that can be carried out, etc.

These and other problems of legal regulation are detrimental to the effectiveness of
the work of investigative and operational groups when visiting the scene. Meanwhile,
a well-conducted inspection of the scene, the collection, and proper consolidation of
evidence during the investigative action is the key to the effectiveness of the work at
the initial stage of the pre-trial investigation and can ensure the achievement of the
objectives of criminal proceedings (Article 2 of the Code of Criminal Procedure).

Therefore, the shortcomings of the legal regulation of the inspection of the scene of
the incident also determine the relevance of the chosen research topic and the need,
based on the improvement of the current criminal procedural legislation.

Summarizing certain shortcomings of the procedural and legal regulation of the beginning of a pre-trial investigation, we also note that the Code of Criminal Procedure of Ukraine in 2012 did not eliminate the problem of unjustified refusals to start a pre-trial investigation, but significantly improved the situation in the field of observance of the applicants’ rights to access to justice.

Key words: criminal proceedings, beginning of a pre-trial investigation, departmental control, prosecutor’s supervision, judicial control

DOI: https://doi.org/10.33994/kndise.2022.67.25

K. Kaliuha

The article deals with the current state of detective activity in Ukraine. The state and private sectors of detective activity in Ukraine have been investigated; possibilities and expediency of its legalization and functioning. A number of bills on the legalization of detective activity were considered; prerequisites for using such services; considered, so to speak – the prototypes of such activities. The experience of foreign countries and the developments of existing Ukrainian agencies are illustrated. The significance of the peculiarities of this type of law enforcement activity is highlighted, its individuality and common practice (like any other type of economic activity) are noted simultaneously. Preliminary conclusions are made about the state of its functioning and the prospects for further development and ways of improving detective activity in Ukraine and the like are outlined.

The future Law should clearly define the subject of detective activity. The principles of providing detective services should be: confidentiality, decency, informing the client about the real prospects of the investigation. The information basis (databases) of detective activity should be outlined: for example, access to the register of individuals and legal entities engaged in entrepreneurial activity; access to separate databases (MIA). Thus, at the pre-trial stage of the investigation, it is necessary to give the opportunity to as many subjects as possible (including detective agencies) – the opportunity to investigate information about the crime and information already received about the crime committed. Such detective agencies are designed to fill the existing gaps in the implementation by other participants of pre-trial proceedings (in particular, defenders) of effective means, methods, and techniques of research. The means (methods, techniques) with the help of which information about the crimes committed are collected.

In our opinion, detective activity has its own separate goals and objectives, its own object and subjects of activity; its own tools that will make detective work as effective and independent as possible, etc.

The functions and tasks of private detectives and private detective agencies should be almost the same as those of law enforcement agencies. When citizens, for some personal reasons, cannot apply to these bodies, their functions will be taken over by private detective agencies.

Key words: detective work, detective firms, detective agencies, detective services, journalistic activity, police authorities, entrepreneurial activity, law enforcement activity, private security activity, security firms, searches.