Блог

M.M. Reznik, O.A. Stolitnii

The article considers the rights of the child in the criminal process of Ukraine, depending on the status in criminal proceedings. The rights of a minor during criminal proceedings are analyzed, which are classified into: the rights of a minor as a person, ie general rights defined in the CPC of Ukraine for all or individual participants in criminal proceedings; rights provided by the CPC of Ukraine for special categories – minors and minors.

It is noted that the general rights of participants in criminal proceedings are observed through the prism of the principles of criminal proceedings and are detailed in the norms of the CPC of Ukraine for the relevant participant in criminal proceedings.

The rights of a juvenile during criminal proceedings, which are divided and considered depending on the status in which they are involved, are studied, in particular: 1) general rights that apply to all minors during criminal proceedings; 2) the rights of individual participants, which are also divided into: a) minors, juveniles who became victims, witnesses of the offense and other participants: the victim; witness; civil plaintiff; a minor who is not a party to the criminal proceedings but the decision in the proceedings has an impact on him; b) minors, juveniles who have potentially committed a criminal offense: a detainee; suspect, accused; a minor in respect of whom the issue of application of coercive measures of an educational nature was resolved; convict.

It is emphasized that minors, juveniles who have become victims of the offense, its witnesses or other participants in criminal proceedings are persons in respect of whom criminal proceedings have a positive or neutral dynamics. In such situations, it is advisable to facilitate the implementation of procedural procedures in order to bring the perpetrator to justice, but with mandatory compliance with the requirements of the CPC of Ukraine on procedures for participation of minors, their rights, security and minimize negative impact.

The negative dynamics of criminal proceedings against minors, juveniles who have potentially committed a criminal offense, also given the purpose of bringing the perpetrator to criminal responsibility and the potential use of procedural coercion. It is noted that in this case, minors, minors need to be clearly aware of their rights and demand to ensure their proper implementation.

Key words: criminal proceedings, minors, juveniles, rights, protection.

DOI: https://doi.org/10.33994/kndise.2020.65.30

O. Uhrynovych

The article explores the issues and problems of conducting forensic examinations of computer hardware and software products when it is necessary to establish the fact of the use of personal computers for providing services in the field of gambling, which is in violation of the current legislation of Ukraine.

Weaknesses in the appointment of forensic examination in the context of criminal proceedings concerning the gambling business are considered.

Taking into account the above facts, in order to develop and create an effective evidence base, at the stage of pre-trial investigation, it is necessary to establish direct interaction between investigative bodies and experts (experts) in the field of computer engineering and information technologies.

Key words: investigative activities, documentation, gambling business, software, personal computers.

DOI: https://doi.org/10.33994/kndise.2020.65.29

K. Kaliuha

The article is devoted to the analysis of the origins of the method of profiling the identity of an unknown criminal. The development of the application of the possibilities of profiling the personality of a criminal and the practice of its application in the activities of law enforcement agencies in the investigation of crimes are investigated. Based on the concept of profiling, as from English. Profile is an integrated crime prevention technique by highlighting the characteristics of persons who committed a crime or are preparing to make it on the basis of psychological, criminological, criminalistic and sociological knowledge; a set of methods and techniques for assessing and predicting human behavior based on the analysis of the most informative signs, forensic portrait of a person, characteristics of appearance, non-verbal and verbal behavior, location, etc.

We noted that there is a lot of research by foreign and Ukrainian scientists on the problems of using profiling technology, but not enough attention has been paid to the history of the practice of applying the profiling method. The main names of scientists and the features of their teachings were listed in the abstract, as the stages of development of the introduction of the profiling method in the practice of disclosing and investigating crimes by law enforcement agencies.

We said that now the technology of the profiling method is not used as a mandatory measure in the investigation and disclosure of crimes. There are fundamentals of such activities, but it is too early to talk about the widespread use of profiling. At the same time, it can be noted that profiling was successfully used in the disclosure of some resonant crimes related to serial killings.

We agreed with individual authors that research on forensic profiling and the behavioral aspects of crimes in Ukraine are in the early stages of development. We noted that since profiling is a young science, it is constantly evolving, and its fields of application are expanding. Today, profiling techniques are used in the field of preventive medicine to correct and prevent the emergence of diseases of psychosomatic etiology. There is also the so-called family profiling, with the help of which specialists try to help family members in solving their family problems. In addition to forensic, criminal and criminological, there is aviation, anti-terrorist, research, psychological, information security profiling, typological. Also, transport, hotel business profiling, personnel, banking and the like.

We concluded that profiling technology is a universal comprehensive and modern tool that is advisable to use in law enforcement agencies in investigative, operational, personnel and administrative activities, etc. The history of its development is only gaining momentum. However, today, in law enforcement agencies, not only the profiling technique is not widely used. They do not use this term at all.

Key words: forensic methods, forensic portrait of a criminal, (portrait of the identity of the criminal, the profile of the offender), the face of an unknown criminal, profiling methods, (technique), profiling.

DOI: https://doi.org/10.33994/kndise.2020.65.28

K. Yanishevska

The article is devoted to current issues and features of the investigation of improper performance of professional duties by a medical or pharmaceutical worker. Since recently the sphere of medical care has been increasingly suffering from a large number of criminal attacks, and the results of the investigation and evidence of guilt of the subjects of the crime require higher results, it would be appropriate to pay attention to the problems that law enforcement agencies today have to investigate this category criminal assaults. The main proposals regarding the investigation process of the improper performance of professional duties by medical workers are indicated.

The article analyzes statistical data that record a sufficiently large number of these criminal offenses, but the results of the consideration of these cases are imperfect. This is due to the complexity of the investigation of this category of cases, in particular their latency, insufficient evidence base, caused by the possibility of concealment or distortion of facts, etc.

To ensure an objective review of the case, namely, for the reliability and completeness of medical data, based on which the evidence base is built, it is proposed to use an electronic healthcare system, in particular, an electronic document management system, which, due to modern technologies for recording primary data, could eliminate the possibility of destruction of evidence (medical certificates, test results, medical history, etc.) and their further falsification.

To solve the problem of the lack of a methodology for investigating the improper fulfillment of professional duties by a medical or pharmaceutical worker, it is proposed to develop forensic issues regarding both the tactics of investigative actions and other aspects of the investigation of these criminal cases.

It is also proposed in the article to involve a doctor as a specialist in the interrogation of a medical professional, as he or she can formulate (with the permission of the investigator) those questions, the answers to which will give the necessary information to the experts who will subsequently conduct the examination.

Attention is also drawn to the fact that investigating crimes committed by healthcare professionals requires special competence and special training for investigators. Today, such discipline as Medical Law is taught only in some institutions of higher education in the training of specialists in specialty 081 Law, not to mention the educational program for bachelors or masters with the same name.

Despite this, it would be appropriate in higher education institutions conducting training for law enforcement personnel to introduce the discipline Medical Law, and for the most investigators investigating medical crimes, introduce an advanced training courses, trainings, online conferences that provided students with deeper knowledge about the features of the organization of the investigation of improper performance of professional duties by a medical or pharmaceutical worker.

Key words: medical assistance, non-fulfillment of professional duties, improper fulfillment of professional duties, automation of accounting for medical services, crime investigation methodology.

DOI: https://doi.org/10.33994/kndise.2020.65.27

M. Dumchykov, V. Pakhomov, O. Bondarenko

The article deals with the main forensic issues in the fight against cybercrime, as a new threat to modern society. The statistics of cybercrime and the relevance of this problem in Ukraine and other countries of the world are given. The problems of applying the concept of computer crime and the need to amend the legal framework, as well as attracting the help of international organizations, companies and specialists in the field of information technology is examined. It analyzes the rapid increase in cybercrime in modern conditions. The interpretation of concepts related to crimes in cyberspace, both in national and international legislation, is considered. When considering the problem of combating cybercrime, the works of such scientists as L.P. Zverianskaia, M.A. Vinokurova, A.P. Kireenko, S.V. Chuprova.

The main problems that arise in the study of such crimes are identified:

– the lack of an agreed theoretical base, and as a result, legislative regulation suffers;

– lack of specialists in the field of information technology in law enforcement agencies; Криміналістика і судова експертиза. Випуск 65 290 The issues of prevention and combating cybercrime, and the solution of these problems are investigated.

The main measures to combat and minimize existing problems, namely:

– technical and theoretical improvement: the need to justify a single concept of cyberspace in all national legislation, from the point of view of forensics, which will allow a new legislative regulation of this area;

– new approaches based on a wider use of the achievements of scientific and technological progress that will help to successfully identify and investigate such crimes;

– the need to provide law enforcement with highly qualified specialists in the field of information technology;

– attracting international support in the form of international organizations, companies and specialists.

Keywords: cybercrimes, cyberspace, cybercrime, computer crime, Internet network, cybersecurity.

DOI: https://doi.org/10.33994/kndise.2020.65.26

S. Tomyn, О. Lyshak

The article deals with the concepts and preventive value of the forensic characteristics of the personality of the offender. It is proved that the establishment in the process of investigation of the causes and conditions for the commission of criminal offenses is one of the most important areas for their prevention.

The author claims that from a criminalistics point of view, the causes and conditions for committing crimes are divided into: a) circumstances related to the identity of the offender. Their attribution to the circumstances that contributed to the commission of the crime is due to the properties of the person guilty of the crime (unfavorable conditions for the formation of the person, the situation in the family, in the work collective, etc.) b) circumstances that exist independently of the person who committed the crime. Their attribution to the circumstances that contributed to the commission of the crime is inseparably connected with the establishment of the circumstances of the crime (flaws in the protection of property, proper accounting of inventory, etc.) If the second group of circumstances is objectively existing, then the first is closely related to the personality of the offender.

Given the above, the article notes the importance for solving the tasks of forensic prevention of investigating the identity of the offender within the forensic characteristics of a particular criminal offense.

The personality structure of the criminal in the article is considered as a system of relatively independent substructures of a social and psychological nature.

The social substructure consists of the following elements: a person’s place in the system of social relations, his social roles, and areas of activity. It embraces its properties that reveal relationships in various areas of public life.

The psychological properties in the structure of the suspect’s personality include: the orientation of the personality (its selective attitude to reality), which includes various mental properties, needs, interests, motives, feelings, likes and dislikes, ideals and worldview; human abilities, his mental capabilities; the dynamics of mental processes – temperament, character, style of behavior, in which the content and form of a person’s spiritual life is manifested, that is, a system of intellectual and emotional qualities; self-identity of the person exercising selfregulation; mental processes and conditions.

The disclosure of precisely these elements in the structure of the criminal’s personality, in the opinion of the actor, allows us to solve the following problems: 1) the possible tactical impact on the suspect (accused), including with the aim of preventing him from committing crimes in the future 2) accumulation and analysis of forensic information on the circumstances that contributed to the commission of the crime.

Key words: forensic characteristics, the identity of the offender, forensic prevention, criminal offenses.

DOI: https://doi.org/10.33994/kndise.2020.65.25

I. Odnolko

The article is devoted to the consideration of the concept of reforming criminal justice authorities in the context of combating corruption.

In the article it is analyzed the definitions of criminal justice according to different researchers, which reforms of criminal justice authorities have already been carried out during the independence of Ukraine and what results these reforms have achieved, marked mandatory tasks that should be put by any concept of criminal justice reform in the context of anti-corruption actions.

The author reveals the theoretical basis of the legal category of criminal justice authorities and analyzes in detail the place and importance of the National AntiCorruption Bureau of Ukraine in the system of criminal justice authorities.

In the article, the attention is drawn to the fact that reforming criminal justice agencies provides for a certain reload and introduction of new methods in activities. It was made the remark that the reform of criminal justice authorities could be the starting point for further reforms in our state in other areas of life.

To conclude it was determined that the result of the reform of criminal justice activities in the field of combating corruption, when applying any concept, should be the transformation of law enforcement agencies from purely punitive and pursuing harsh methods to authorities whose main purpose is to restore violated human rights and to prevent this violations at all.

Key words: corruption, anti-corruption actions, criminal justice authorities, reform, anti-corruption legislation.

O. Mazur

DOI: https://doi.org/10.33994/kndise.2020.65.24

The article deals with the requirements of the European Court of Human Rights regarding evidence and evidence, which are disclosed in the provision of paragraph 3 of Article 6 “The right to a fair trial” of the Convention for the Protection of Human Rights and Fundamental Freedoms, the latest practice of the Supreme Court regarding the criteria for admissibility of evidence and analysis of the current criminal procedural law.

As you know, the attitude of the state towards the protection of human rights and freedoms is one of the indicators of its democracy. Ukraine has chosen the European Community as the main strategic vector of development. Such a vector provides for the unification of the regulatory framework in accordance with European legislation, as well as compliance by law enforcement agencies with international standards for the protection of the rights and freedoms of citizens. That is why, the corresponding rule is enshrined in the Criminal Procedure Code of Ukraine, providing that the rule of law in criminal proceedings is applied taking into account the practice of the European Court of Human Rights (part 2 of article 8).

A detailed analysis of the provisions of the Criminal Procedure Code of Ukraine regarding the admissibility of evidence in criminal proceedings and the relationship of these norms with the legal positions of the European Court of Human Rights is carried out.

They also examined the requirements of the European Court of Human Rights regarding the admissibility of evidence in decisions in which a violation by the state of the norms of the Convention was found, and in decisions in which such a violation was not found.

So, summarizing and analyzing the practice of the ECHR, we saw that the Court emphasizes that a guilty verdict cannot be generally based only on inadmissible evidence, and if such a sentence is pronounced, then this is a violation of Article 1 6 of the Convention in respect of an unfair trial.

Therefore, the investigator, prosecutor, investigating judge and judge should take into account the relevant practice of the ECHR and the norms of the Convention in their procedural activities in order to avoid these violations and to submit complaints to the European Court of Human Rights in the future.

Key words: evidence, admissible evidence, criminal proceedings, court decision, European Court of Human Rights.