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DOI: https://doi.org/10.33994/kndise.2021.66.40

А. Kovalenko

The article forms the conceptual principles of use of digital 3D model as means of cognition and display of signs of a criminal offense in criminal proceedings. A 3D model can be defined as a digital, three-dimensional image of an object, which reflects its external structure and color, accurately and proportionally reproduces the ratio of its spatial features. It can directly contain information about the shape, proportions, color and mutual placement in space of the elements of the original object. Provided the manufacturing technology is followed, the model is isomorphic to original object. Such a model serves as a means of cognition and reflection of forensically significant features of a criminal offense.
The main methods for making 3D models are reconstruction (modeling) and scanning. 3D reconstruction (or 3D modeling) can be defined as the process of reproducing a 3D model of a forensic significant object based on information about it contained in the materials of criminal proceedings. The reconstructed models can be used during investigative (search) actions and for solving organizational problems. 3D scanning consists in the direct fixation of the external spatial features of the object using a special software and hardware complex, followed by the formation of a digital three-dimensional model of the object. Subject to compliance with the procedural requirements for the use of technical means of fixing forensically significant information, scanned 3D models will be sources of evidentiary information in criminal proceedings.
3D scanning is a promising method for recording the course and results of an inspection of the scene of an incident, inspection of a corpse or things; it can be used for fixing signs of a person’s appearance, as well as for solving identification and diagnostics tasks in forensic activities. The invariability of the 3D model can be ensured by calculating the hash of the file that contains it.

Key words: cognition, signs of a criminal offense, forensically significant information, 3D model, 3D modeling, 3D scanning

DOI: https://doi.org/10.33994/kndise.2021.66.39

O. Khablo

The article is devoted to the characteristics of the grounds and terms of notification of a person on suspicion of committing a criminal offense.
Attention is drawn to the fact that the procedural act of reporting a suspicion consists of a system of such procedural decisions and actions: decision-making and legal registration of a report of suspicion; delivery of a written notice of suspicion; informing the suspect about his/her procedural rights and explaining them, if necessary.
It is stated that actual ground for informing a person of a suspicion is availability of sufficient evidence for suspecting a person of a criminal violation. To create a suspicion and present it in a written form an investigator or a prosecutor has to state: an event of a criminal violation and define its legal characterization; a definite person’s guilt of commitment of a criminal violation; lack of grounds to close the criminal investigation.
To inform a person of a suspicion it is necessary to have a system of actual, acceptable, reliable and sufficient proof that indicates the presence of corpus delicti in a definite person’s actions. Erroneous informing of a suspicion causes damage to the person who was a subject to criminal investigation as well as justice in general.
Attention is drawn to the fact that the term “reasonable suspicion” is a conventional standard made up by case-law dealing of European court of human rights. It is stated that reasonable suspicion is a lower standard of proof than conviction beyond reasonable doubt and requires a smaller weight of evidence than drawing up a bill of indictment or approval of guilty verdict.
It is stated that law of criminal procedure does not contain a definite requirement concerning a stage of pre-trial investigation at which the person has to be informed about the suspicion to help the instigator or the prosecutor concentrate on facts of the case. Attention is drawn to inadmissibility of informing a person of the suspicion directly before issuing an accusation to the defense.

Key words: informing of a suspicion, sufficiency of proof, reasonable suspicion, decision about informing of a suspicion, terms of informing of a suspicion, rights of a suspect.

DOI: https://doi.org/10.33994/kndise.2021.66.38

A. Naumova

The problem of the right to rehabilitation and compensation to a person who was illegally and unreasonably prosecuted, illegally convicted is relevant to the science of criminal procedural law, law enforcement practice. At the same time, the current Criminal Procedure Code of Ukraine does not provide rules that would contain the basic provisions of rehabilitation.
As a result of the study, the concept of physical harm is formulated as a violation of the anatomical integrity or physiological function of organs or tissues, which manifests itself in bodily injury, disease, pathological condition, disability and is a consequence of illegal and unjustified criminal prosecution, illegal restraint, detention, unlawful conviction, torture, physical, mental violence, falsification of evidence.
The definition of rehabilitation is defined as the procedure established by law for the recognition of a person’s innocence in committing a crime, restoration of his/her violated rights and freedoms. It is also defined compensation at the expense of the state in full physical, property, moral damage caused to a person by illegal and unjustified criminal prosecution, illegal conviction, and unjust trial on the application of coercive measures of a medical or educational nature.
A comparative analysis of the legal regulation of rehabilitation in the Code of Criminal Procedure of the CIS countries shows that the national legislation of most states provides a mechanism for effective protection of the individual from illegal and unjustified criminal prosecution, illegal conviction. To improve the current criminal procedure legislation of Ukraine, we proposed to supplement the Code of Criminal Procedure of Ukraine with the chapter “Rehabilitation”. In the provisions of this chapter, there is a need to set out the concept of rehabilitation, conditions and procedural grounds for recognizing the human right to rehabilitation; subjects of rehabilitation legal relations; grounds for partial rehabilitation in preliminary and judicial proceedings. In addition, the chapter should contain the procedural order of rehabilitation in a situation of forced self-incrimination, falsification of evidence; the procedure for restoring the violated rights and freedoms of the rehabilitated person. As well as the concept of physical harm and the procedure for its compensation; determination of property, moral damage caused to the rehabilitated; legal mechanism for compensation of property damage; elimination of the consequences of moral damage to the rehabilitated and its compensation.

Key words: rehabilitation, physical harm, falsification of evidence, use of physical or mental violence, responsibility of the state to the rehabilitated.

DOI: https://doi.org/10.33994/kndise.2021.66.37

D. Shyian O. Shyian

The article deals with the analysis of scientific views, theoretical provisions and legislation, examines the objective side of the misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with its excess.
It is proposed to leave part 1 of Art. 210 of the Criminal Code of Ukraine, a socially dangerous act in the form of misuse of the relevant funds as the most common in law enforcement, as well as expanding other forms, replacing them with a socially dangerous action in the form of another expenditures of the relevant budgets or funds.
Since inter-budgetary transfers are de jure not included in budget expenditures, it is proposed to add to the name and disposition of Part 1 of Art. 210 of the Criminal Code of Ukraine, an indication of a socially dangerous act in the form of their implementation.
As a result of the study, the authors come to the conclusion about the further actualization of the problematic of the objective side of the criminal offense provided for in Art. 210 of the Criminal Code of Ukraine. It is supported the proposal to cover the analyzed criminal law prohibition and other budget violations close in public danger to those directly named in Art. 210 of the Criminal Code of Ukraine to budget violations. It is proposed to determine the objective side of Part 1 of Art. 210 of the Criminal Code of Ukraine in the form of a socially dangerous act in the form of an action: misuse of funds, other expenditures of state or local budgets, or state or local extra-budgetary funds, or the implementation of an inter-budgetary transfer committed contrary to the law or a decision on the local budget. Considering that the analysis of the forms of committing a criminal offense under Art. 210 of the Criminal Code of Ukraine, testifies that it can be committed only in the form of active behavior of the subject of a criminal offense, it is proposed in Part 2 of Art. 210 of the Criminal Code of Ukraine to replace the instruction from an act with an action.

Key words: objective side, socially dangerous act, criminal offense, misuse, expenditure, implementation of intergovernmental transfer, budget, budget funds.

DOI: https://doi.org/10.33994/kndise.2021.66.36

V. Bolshakov, Yu. Maznychenko

The article is devoted to the forensic aspects of ensuring necessary defense through the use by law enforcement officials of physical pressure of limited influence, special means (including non-lethal action) and firearms of increased efficiency.
The authors, based on the results of forensic practice, assessed the effectiveness of the actions of law enforcement officers to prevent the excess of necessary defense during covert investigative (search) activities.
A systematic analysis of recent studies and publications on this issue showed that in the modern global world, the main task of forensic support for law enforcement agencies in different countries is to optimize the processes of detecting, disclosing, investigating and preventing crimes and therefore contributes to the establishment of objective truth in criminal proceedings.
A sufficiently high level of criminalization of various spheres of life of modern society requires deep transformations in the system of preventive measures carried out by law enforcement agencies, government bodies and public organizations. The use of special forensic knowledge, along with other forms of preventive activity, can significantly enhance the prevention, detection, disclosure and investigation of crimes.
The preventive activity of forensic experts is to study and identify the causes and conditions conducive to the commission of socially dangerous acts. It is noted that Hungarian scientists consider the issues of crime prevention and operational-search activity to be the subject of forensic science.
The international experience of disclosing, investigating and preventing crimes indicates a significant number of unsuccessful investigative actions due to the incompetent use of firearms and active defense equipment.
It is concluded, based on the content of the concepts of disclosure, investigation and prevention of crimes, and taking into account the historical experience of forensic research of means of necessary defense and firearms, that it is necessary to develop forensic recommendations. In order to increase the efficiency of covert investigative (search) actions by law enforcement officers through the use of modern means of necessary defense and means of physical influence of limited action, as well as special types of non-lethal police weapons with improved characteristics.

Key words: necessary defense, physical impact, special means, non-lethal firearms

DOI: https://doi.org/10.33994/kndise.2021.66.35

O. Bryskovska M. Hryha

Illegal possession of water transport and theft (stealing) of sea or river vessels as a kind of criminal business is almost as profitable as illegal possession of motor transport. The nature of the group with a clear planning, the hierarchy of the participants and the distribution of roles often characterize such crimes. However, the investigation of such crimes in practice causes difficulties involved, including the fact that most of them are made without witnesses by virtue of localization of water transport facilities. In this regard, the establishment and analysis of the elements of the forensic characteristics of such crimes as the systems of information about the forensically significant signs of this category of criminal offenses, and the logical connections between them, which contribute to the effective solution of the problems of investigation, seems relevant.
The method of illegal possession of water transport, as a key element of the forensic characteristics, is characterized by the presence of a thorough preparatory stage, which includes the establishment of the characteristics of the storage place of the water vehicle, the selection of tools and technical means for entering the storage facility (parking, mooring), its transportation, etc.
The characteristic features of the offender is the presence of certain watercraft management skills, knowledge of its technical equipment and operating features. Most of these crimes are committed in groups. Between the personality of the offender and the victim, the presence of certain ties (professional, personal, friendship, kinship, etc.) is often stated.
The characteristics of a typical trace pattern of the thefts under consideration are determined by the specifics of the environment in which they were committed. Since the overwhelming majority of such crimes are committed in poorly populated places and places with little infrastructure, not ideal (testimony of the victim, eyewitnesses), but material traces (traces of weapons, criminals, video recordings, etc.) acquire special significance for the investigation.
The situation of the crime characterize the place and time of the commission. Basically, the thieves of water transport are activated at night (with the onset of dusk) on the territory of hangars, garages, summer cottages, sheds, berths, parking lots, piers, bases of security firms, places of storage or temporary stay, etc. Obviously, most of all boats are abducted from unguarded objects.

Key words: illegal possession of water transport, forensic characteristics, typical trace picture, method of commission, identity of victim, identity of criminal, tools of committing criminal offense

DOI: https://doi.org/10.33994/kndise.2021.66.34

O. Nenia

The research article considers that the investigation of the scene is one of the most important and primary investigative actions, which begins the entire course of the investigation of a criminal offense, and the quality of which directly affects the effectiveness of the solving and investigation of the crime.
The analysis of understanding of the concept of “forensically significant information” by individual scientists, as well as its types and sources is carried out.
Attention is focused on the fact that a successful examination of the place of a criminal offense depends on the correct preparation of the investigator for its conduct. The analysis of scientific sources allows us to state that along with a fairly complete consideration of the issues in terms of the organizational and tactical aspects of the inspection of the scene of a criminal offense, there is a certain gap regarding the protection of the scene. This issue is of an unconditional practical significance and relevance, in particular for avoiding damage and destruction of material objects associated with the circumstances of the crime.
Therefore, the purpose of this paper is to highlight the results of the study and development work carried out by the State Research Institute of the Ministry of Internal Affairs of Ukraine to create several prototypes of a mobile tent and a special set of protective screens to ensure the safety of forensically significant information during investigative (search) activities.
Analysis of the tactical and technical characteristics of protective equipment of both domestic and foreign production showed that they are very different. There are the tents that are very simple to manufacture and operate; in particular, they do not even have side walls. In turn, there are multifunctional and complex tents, which make it possible to preserve 98% of natural light, provide conditions for research, including the identification of various traces using cyanoacrylate, and even shield the action of wireless communication devices (smartphones, tablets, devices GPS, etc.).
The created samples of protective equipment were the result of a search for optimal characteristics, in particular, the properties of the fabric cover and frame materials. Based on the analysis of the samples of tents and protective screens existing in domestic and foreign markets, as well as the requirements to the forensic support department of the Main Investigation Department of the National Police of Ukraine, including number to its mobility.

Key words: forensically significant information, criminal offense, protection of trace information, special means and devices, tent, protective screen.

DOI: https://doi.org/10.33994/kndise.2021.66.33

A. Kofanov, N. Pavlovska, M. Kulyk, Yu. Tereshchenko, H. Strilets

The article deals with a number of issues of investigation and prevention of corruption crimes in the field of public administration. The purpose of this paper is to analyze challenges in investigating and preventing corruption crimes in the field of public administration. The relevance of this study lies in the fact that the variety of forms of bribery, its penetration into various spheres of activity: economic, financial, entrepreneurial, educational, requires new ways to prevent and counteract these criminal manifestations, the creation of pragmatic recommendations aimed at improving their prevention and investigation.
The study was carried out based on the method of system analysis and generalization of information obtained in the course of the study, questionnaires of different categories of law enforcement officers. They conduct pre-trial investigation of these crimes, as well as reports of the Expert Service of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the National Anti-Corruption Bureau of Ukraine, and Forensic Science Institutes of the Ministry of Justice of Ukraine for 2016-2019, the legal framework on liability for corruption offenses.
The most relevant motives and methods of committing corruption crimes have been analyzed and it has been established that bribery and corruption rank first among economic crimes, and the high level of corruption of state bodies in various spheres of public life contributes to the increase in the number of such crimes. The study found that civil servants through abuse of office, as well as obtaining undue benefits predominantly commit corruption crimes.
The ways of improving the forms of combating corruption in public authorities are proposed, which will reduce the level of corruption in the public administration system, in particular, the implementation of measures aimed at enhancing information exchange between non-governmental organizations, the media, the public and local authorities, and public authorities.

Key words: special knowledge, specialist, written explanation of a specialist, annex to the protocol, document, procedural sources of evidence, pre-trial investigation, procedural actions, criminal proceedings.

DOI: https://doi.org/10.33994/kndise.2021.66.32

P. Antoniuk V. Piaskovskyi

The article reveals the meaning and role of a specialist’s written explanation as a reflection of the results of his/her application of special knowledge and skills when involved in the conduct of procedural actions in the pre-trial investigation of criminal offenses. The role of such a subject as a specialist in the process of proving is considered on the example of the obligatory involvement of a specialist in carrying out procedural actions. The place of the specialist’s written explanation in the system of procedural sources of evidence is determined. Forensic recommendations are offered to the subjects of the investigation on the registration of the results of involving a specialist in the conduct of procedural actions in the form of a specialist`s written explanation.

Key words: special knowledge, specialist, written explanation of a specialist, annex to the protocol, document, procedural sources of evidence, pre-trial investigation, procedural actions, criminal proceedings

DOI: https://doi.org/10.33994/kndise.2021.66.31

O. Mazur

The article discusses the concept, types and essence of special knowledge in criminal proceedings, as well as their evidentiary value in pre-trial investigation and trial. It is analyzed the practice of the European Court of Human Rights on the appointment of a forensic examination.
The objectives of criminal proceedings are to ensure a prompt, complete and impartial investigation and trial so that everyone who has committed a criminal offense is prosecuted to the best of his/her own fault. In addition, an innocent person is accused or convicted, no person is exposed, unjustified procedural coercion, and that due process is applied to each participant in criminal proceedings.
It is emphasized that among the ways of collecting evidence by the parties to criminal proceedings listed in the Criminal Procedural Code of Ukraine, there are those that require the use of special knowledge, namely: requesting and obtaining expert conclusions and carrying out other procedural actions with the participation of a specialist. At the same time, the expert opinion is an independent source of evidence.
Special knowledge in criminal proceedings is used in the investigation of any criminal offenses, but the Criminal Procedure Code of Ukraine does not define its concept, despite the fact that many scientific works have been devoted to the issue. Unfortunately, the legislator has not yet reflected the conclusions of scientists about the essence of special knowledge.
It is considered examples of practice in the appointment and conduct of forensic examinations and the fact of violation of the law, when applying special knowledge.
Based on the analysis of theoretical and various aspects of the use of special knowledge in criminal proceedings, a conclusion is made about the extremely important value of special knowledge for the process of proving and fulfilling the tasks of criminal proceedings.
On the example of the decision of the European Court of Human Rights, attention is drawn to the inadmissibility of violations of the requirements of the current legislation in the work of an investigator, prosecutor, judge, since this can lead to negative consequences.
Key words:

special knowledge, specialist, forensic expert, forensic examination, case law of the European Court of Human Rights