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DOI: https://doi.org/10.33994/kndise.2021.66.30

А. Starushkevych

Methodological problems of historical periodization are considered, in particular, the historical and chronological aspect of the “methods of investigation” of criminal offenses. It is concluded that in order to study the process of the emergence, formation and development of “investigation methods”, it is advisable to develop a historical periodization, which would provide for the division of such a process into segments (periods, stages, stages) reflecting the qualitative state of the object under study.
It is not enough to consider the process of formation and development of investigation methods as “biography”, that is, through the work of individual scientists or scientific schools, it is more successful and profound to study the origins, prerequisites, the process of formation and development of the subject under study using elements of the activity approach, taking into account changes in needs , subjects, conditions, means, algorithms of actions on individual subjects studied (in our case, “methods of investigation”) at certain variable time and local intervals. And also taking into account the general historical and cultural contexts, combining with the principles of “stadiality”, “polyvariance” and “civilizational discreteness” generally recognized in historical science.
The periodization of the emergence, formation and development of “investigation methods” must meet certain requirements: 1) rely on common principles for dividing the time tape, taking into account the object and subject of research, its goals and objectives; 2) the criteria for identifying periods must be scientifically grounded and take into account the periodization used in science (in particular, historical); 3) periodization should have as clear boundaries as possible, which are usually marked by events that were most important in the historical process; 4) the criteria of division, which became the basis of periodization, do not exhaust all the tendencies and patterns of the investigated “methods of investigation”, therefore, such periodization usually has certain cognitive limitations, and this fact must be taken into account.
The study of the historical aspect of “methods of investigation” should involve two main approaches. The first one is to consider the process of development of “methods of investigation” and an idea of them in the classical periods of history: prehistoricity, antiquity, the Middle Ages, early modern times, modern times, modern times, taking into account the elements of “total” and “local” periodization. The second approach provides for the identification of the stages of the emergence and development of “investigation methods”, taking into account the degree of development of forensic knowledge, as well as the formation of forensic science as an “organized science” (the formation of its sections, in particular forensic methods, the emergence of forensic scientific schools, the differentiation of science into separate theories and teachings and the like).

Key words:method of cognition in forensic science, investigation method, forensic periodization, historical and chronological aspect, teaching about methods of investigation, investigation of criminal offenses, history of forensic science.

DOI: https://doi.org/10.33994/kndise.2021.66.29

M. Dumchykov O. Bondarenko M. Utkina

The purpose of the article is to analyze approaches to the formation of the essence and constituent elements of the forensic characteristics of the legalization of corruption proceeds (Article 209 of the Criminal Code of Ukraine), to highlight and describe the elements of the forensic characteristics of this criminal offense.
Forensic characteristics play a special role in the very structure of the methodology for investigating a criminal offense of this type. A successful and comprehensive study of the circumstances of a criminal offense largely depends not only on the correct definition of the criminal-legal signs of an act, but also on the investigator’s understanding of the criminalistics nature of the corresponding offense.
The analysis of publications indicates the presence of a number of disagreements between the authors in the construction of the forensic characteristics of the legalization (laundering) of proceeds from crime.
Comparison of the existing doctrinal approaches to understanding the structural elements of the forensic characteristics of the legalization of funds obtained by criminal means, made it possible to form the author’s approach. According to the authors of the article, the forensic characteristics of the legalization (laundering) of incomes obtained as a result of the commission of a criminal offense should include both basic and additional elements. The main elements of the forensic characteristics of legalization are proposed to include the following: typical traces of a criminal offense; its subject; the way of committing such an offense.
Additional, according to the authors of the article, it is advisable to include the following: the subject of a criminal offense; the time of its commission; the area in which the offense is committed; the environment of the criminal offense; source of origin of “dirty money”.
The proposed elements of the forensic characteristics of a criminal offense can be the starting point in the development of an effective methodology for investigating money laundering.

Key words: legalization, criminal proceeds, money laundering, forensic characteristics, corruption.

DOI: https://doi.org/10.33994/kndise.2021.66.28

V. Bondar

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.

Key words: pre-trial investigation, pre-trial investigation tasks, criminal proceedings, forensic algorithm, forensic recommendations, material tracesimages, scientific and technical means, technical and forensic tasks, investigative situation, technical and forensic situation

DOI: https://doi.org/10.33994/kndise.2021.66.27

S. Denysov, Yu. Filei

The article examines the issue of combating criminal offenses in the field of economics. It is emphasized that economic crime is caused by destructive tendencies in the development of market relations in the economy and social sphere. Lack of real protection of legitimate economic relations, lag of law-making activity from the needs of economic practice, unsystematic adoption of legal acts concerning certain elements of the economic system.
Recently, there has been a process of merging economic and criminal offenses, as well as merging with organized crime. Penetrating into various spheres of the economy, criminal associations seek not only to establish control over the activities of specific enterprises but also to create their own structures capable of occupying a leading position in the infrastructure of individual industries. The intellectual level of criminal activity increases, the scope, and methods of encroachment expand.
The reasons for committing mercenary crimes in the economic sphere are both objective and subjective. Thus, in the determination of crime involved both biological and social characteristics of man.
An economic criminal does not perceive himself as a criminal, although he admits that he is breaking the law. The problem here is that the media is very one-sided coverage of the image of the traditional criminal, as well as the fact that economically criminal behavior is difficult at first glance to distinguish from socially obedient. Economic criminals justify their crimes by committing them with the tacit consent or approval of public opinion. They deny causing harm to citizens, and also claim that almost all businessmen do the same.
If the profit significantly exceeds the possible punishment, then such a crime becomes profitable. Criminal behavior should not be economically or socially profitable. At the same time, it is important to improve the economic and social living conditions of the people.
Key words: determination, economic relations, crime, criminolog

DOI: https://doi.org/10.33994/kndise.2021.66.26

V. Stratonov

The basis of the legal and judicial reform that is being carried out in Ukraine is the reform of the judicial system. At the same time, the purpose and activities of other law enforcement agencies are changing. In this regard, the legislator improves the activities and increases the role of the pre-trial investigation bodies, the prosecutor, the court, and especially the investigating judge in criminal proceedings, including expanding their powers and influence on the rights and freedoms of participants in criminal proceedings. Since there is no separate article of the Criminal Procedure Code of Ukraine, which would indicate the powers (rights and obligations) of the investigating judge, we summarize the powers of the investigating judge, which are “scattered” throughout the Criminal Procedure Code of Ukraine and actualize the problems of both theoretical and practical directions.

Key words: investigation, investigating judge, rights, duties, powers, criminal proceedings.

DOI: https://doi.org/10.33994/kndise.2021.66.25

I. Basysta D. Yosyfovych

The problems of litigation stages become ever more pressing for their participants, as amendments to the criminal procedural legislation in effect are very frequent. The developing a legal position on one or the other law-related situation, to say nothing about exclusive legal issues, is not something that can be done in a day, and the situation where the judges do not have the same position on an issue is especially upsetting. The legal issue of ability (inability) by the accused, by the convicted to withdraw the appeal or cassation appeal of the defense lawyer is one of those.
The fact is obvious and undeniable that in the court practice, this issue was already being resolved multiple time, yet no clear single legal position was developed for the problem. Thus, the panel of judges of the Second Judicial Chamber of the Court in its decision as of 10.05.2018 in case No. 462/4125/16к (proceedings No. 51-357км17) concluded that, by virtue of the requirements of Part 1 of Art. 403, Art. 432 of the Criminal Procedure Code of Ukraine, the petition of the convicted person to refuse the cassation appeal of the defense lawyer cannot be considered in the court of cassation, since another person applied, and not the person who filed the complaint. At the same time, the decision of 03.07.2018 of the panel of judges of the First Court Chamber of the Cassation Criminal Court of the Supreme Court (case No. 448/208/15к, proceedings No. 51-3132км18) contains the opposite conclusion. In particular, that the suspect, the accused or the convicted person has the right to carry out procedural actions and refuse a complaint filed in his interests, unless the participation of a defense lawyer is mandatory or the person is in such a vulnerable position that calls into question the voluntariness of such actions. Similar legal positions have been expressed in other judgments of the Court. Due to the disagreement of the panel of judges of the Second Judicial Chamber with such conclusions, on September 17, 2020, the decisions of this situation were submitted to the Joint Chamber for consideration, and a corresponding appeal was sent to the members of the Scientific Advisory Council. My own considerations, as a member of the Scientific Advisory Council at the Supreme Court, were set out in the scientific opinion of 25.12.2020, so I will try to share them also with the scientific community and a wide range of practicing lawyers.
Based on the results of the scientific and practical search, it was proved that the current statement of Part 1 of Art. 403 of the Code of Criminal Procedure of Ukraine requires immediate alignment with the procedural rights of a suspect, accused, convicted person, acquitted person. As well as a defense attorney and with the requirements of such principles of criminal proceedings as discretion, ensuring the suspect, the accused have the right to defense, the adversarial nature of the parties and the freedom to present their evidence and in proving their credibility before the court. The criminal procedural law cannot and should not provide for the obligatory refusal of a cassation appeal by a defense attorney, presented in the interests of an accused, a convicted person, exclusively by the same person – a defense attorney. The participation of a defense attorney in criminal proceedings does not limit the procedural rights of both the suspect, the accused, and the convicted, acquitted. The accused, the convicted person has the right to withdraw the appeal or cassation complaint of the defense lawyer. Restriction of the right to withdraw an appeal or cassation complaint of a defense attorney by an accused or a convicted person may take place in two cases. In particular, if there are grounds for the mandatory participation of a defense attorney in criminal proceedings. And/or if the defense attorney proves that he/she has a justified conviction about the fact of self-incrimination by the accused or convicted , which gives him grounds to take a position that will be different from the will of the accused, convicted, including when appealing court decisions in the appeal and cassation procedure.

Key words: appeal proceeding, revision in cassation, appeal (cassation) complaint, withdrawal of appeal (cassation) complaint, defender, an accused, a convicted.

DOI: https://doi.org/10.33994/kndise.2021.66.24

O. Tsilmak

The bodies of preliminary investigation make high demands on the competence of the investigator, one of the important varieties of which is tactical and psychological. The tactical and psychological competence of an investigator is his/her ability to tactically and psychologically competently carry out investigative (search) actions to ensure the effectiveness and efficiency of the pre-trial investigation of a criminal offense.
One of the significant and leading skills of the investigator, which condition and determine tactical and psychological competence, is the ability to:
1) collect, verify and evaluate evidence “… to establish circumstances that are important for criminal proceedings …” (clause 2 Article 91 of the Criminal Procedure Code of Ukraine);
2) verify information and data on the circumstances of the criminal offense;
3) establish the objective truth in the circumstances of the criminal offense;
4) determine the typology of the personality (witness, victim, suspect, accused) for the selection of the most effective methods of influence, determination of tactics of actions and tactics, etc.
One of the most widespread and empirically investigated personality typologies is the theory of character accentuation by K. Leonhard and A. Lichko. The authors described in sufficient detail the types they identified and demonstrated on specific examples the typical behavioral models for these types. Based on these scientific theories and many years of psychological practice, the author, in the article, discloses the basic behavior models of a person of a certain type of character accentuation, which provides inaccurate information about the circumstances of a criminal offense. As well as his typical emotional and behavioral reactions to a direct indication by the investigator about its unreliability indications. Tactical techniques are proposed for verifying the information provided by persons of various types of character accentuation.
It is noted that in the course of investigative (search) actions, to identify and establish the veil of a person’s message of false information about the circumstances of a criminal offense, the investigator must pay attention to all signs that may indicate a lie, that is, signs, signals, indicators, behavior patterns, etc.
It is emphasized that to verify information regarding the circumstances of a criminal offense, employees of pre-trial investigation bodies and operational units must undergo advanced training in such thematic courses as “Cognition of personality psychology” and “Information verification technology”. This will enhance the efficiency and effectiveness of investigative, operational, and investigational activities and will ensure the quality of preliminary investigation of criminal offenses.
Key words: investigative (search) actions, circumstances of a criminal offense, tactics of actions, tactical technique, an investigator, a person, behavior model, character accentuation, inaccurate information, signs of a lie, verification.

DOI: https://doi.org/10.33994/kndise.2021.66.23

Dariusz Wilk

Forensic databases are crucial resources in criminal justice systems, which allow for detection and identification of offenders. General Data Protection Regulation and Police Directive about processing of personal data were enacted in the European Union in 2016, which implied changes in national law and policy in processing genetic and biometric data by law enforcements. Therefore, current development of DNA and fingerprint databases in Poland were revealed and compared to other European countries. Changes in the law related to processing of genetic and biometric data were analysed. Issues related to the distinction between different categories of data subject and retention time of personal data were especially commented in the view of right to the protection of personal data and right to privacy.

Key words: DNA database, fingerprint database, personal data, genetic data, privacy.

https://doi.org/10.33994/kndise.2021.66.22

V. Korzh

The article deals with the current trends in the development of the forensic doctrine of the forensic characteristics of crimes, analyzes the controversial issues of its structural elements. The concept of the forensic characteristics of crimes as an information database on forensic significant signs of a crime, obtained as a result of generalization of investigative and judicial practice. Its main elements are investigated: 1) the subject of criminal encroachment; 2) information about the identity of the offender; 3) characteristics of typical methods of crime; 4) information about the situation in which the crime was committed; 5) typical traces of a crime; 6) information about the identity of the complainant (victim).
The problem of development of the forensic characteristics of corruption crimes is investigated, discussion questions about the concept and the main structural elements are analyzed. It is summarized that the forensic characteristics of corruption crimes is an information database obtained as a result of generalization of the investigative and judicial practice on forensic significant signs of corruption crimes, a special subject of criminal encroachment, specific ways of providing corruption services, a specific environment, typical traces, corruption ties, knowledge of which contribute to the construction and verification of versions, determination of the direction of the investigation.
In practical terms, the forensic characteristic of corruption crimes is a kind of information model, a set of information about the specified type of crime, the use of which in a specific situation will help the investigator to quickly and promptly make the correct tactical decision on the methods of investigation, the use of tactics and technical means when planning investigative and search actions. forensic operations.
The main structural elements of the forensic characteristics of corruption crimes have been determined. These are: 1) the specific area of the criminal offense; 2) a special subject of a corrupt act; 3) specific ways of providing corruption services; 4) the specific situation in which the act of corruption is committed; 5) specific traces of corruption crimes; 6) corrupt ties with the organizers of the shadow and criminal business.
It was stated that the organizers of the shadow and criminal business strive to have “their own” people, both in the bodies of state power, administration, and a cover (“roof”) in law enforcement bodies. Corrupt officials receive corruption rewards (“kickbacks”) for providing corrupt services. They, using their power, official powers, perform certain actions (or fail to act) in the interests of the shadow and criminal business in order to ensure corruption assistance, corruption patronage, corrupt security, corruption protectionism, corruption intervention, corruption lobbying, corruption counteraction.
It is summarized that the stated theoretical provisions of the forensic characteristics of corruption crimes, its main structural elements have a certain scientific and practical significance.

Key words: forensic characteristics, corruption crimes, structural elements, corruption services, investigation.

DOI https://doi.org/10.33994/kndise.2021.66.21

V. Halahan Zh. Udovenko

The article is devoted to issues related to the filing of appeals and cassation complaints, as well as additional materials attached to them in the preparation of judicial consideration at the stages of appeal and cassation proceedings. The peculiarity of using these materials is that they may contain confidential information related to the circumstances of personal and family life, which is not subject to disclosure. There are currently no warnings regarding their use in the legislation, in connection with which amendments and additions to the Criminal Procedure Code of Ukraine, aimed at legislative regulation of this issue, have been proposed and justified.
The mechanism of ensuring the rights and freedoms of the individual in the aspect of implementing the norms of international legal documents in the field of criminal proceedings and the practice of the European Court of Human Rights has been analyzed. On examples from the judicial practise of considering materials of criminal proceedings, the specifics of ensuring non-interference in personal and family life in the courts of appeal and cassation are shown. Attention is drawn to the peculiarities of the functioning of these courts, their role in identifying injustices and making legal and well-founded court decisions aimed at ensuring non-interference in the personal and private life of citizens as a principle of criminal proceedings.

Keywords: criminal proceedings, court proceedings, appeal proceedings, cassation proceedings, principles of criminal proceedings, personal and family life, procedural guarantees.