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THE METHODOLOGY OF INVESTIGATING THEFTS

A. Zherebko

Summary

The article deals with the criminal-legal and criminalistics characteristics of thefts of someone elseʼs property. The main directions and content of the investigatorʼs (investigatoryoperational) group activity are revealed in the initial and subsequent stages of the investigation of the secret abduction of anotherʼs property, the interaction in the disclosure of crimes, and others.

According to the results of the study, it was concluded that the attention paid to the development of forensic characteristics was due to the need to improve the methodology for investigating a certain type of crime on the basis of knowledge of the mechanism of its accomplishment, methods of tracing, etc. The disposition of the relevant criminal law is the legal basis for criminalistics characteristics crimes. Criminalistics characteristics of crimes specify the constitutions of certain crimes described in norms of criminal law, its elements. Criminalistics characteristics of crimes, including thefts, are one of the most important elements of the forensic methodology. It is an interconnected set of individual characteristics of a certain category of crimes, characterizing the situation, the method and mechanism of committing and concealing a crime, the identity of the perpetrator and the victim, relevant for the detection, disclosure and investigation of the crime. Elements of criminalistics characteristics of thefts are: the methods of committing thefts; the subject of a criminal offense; a typical “follow-up picture”; identity of an offender; identity of a victim; information about the typical time of theft.

At the present stage of our countryʼs development, criminalistics, the improvement of techniques, tactics, techniques and devicesʼ modernization is important for the investigation of crimes against property; the experience and professionalism of law enforcement agencies promotes the prompt and effective disclosure of criminal misconduct on property.

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THE TACTICS OF INSPECTION OF THE CRIME SCENE DURING INVESTIGATION OF INFRINGEMENTS ON LIFE AND HEALTH OF JOURNALISTS

A. Kovalenko

Summary

The article is devoted to the study of the tactics of inspection of the crime scene during investigation of infringements on life and health of journalists. Recommendations on the actions of the investigator at each stage of the conduct of the named investigative (search) action are offered. The expediency of using modern technical means, including cartographic services on the Internet, during the preparation for such inspection is substantiated. The author emphasizes the benefits of involving the victim in the inspection of the crime scene, if the state of health of the latter permits.

The investigator is recommended to organize the enclosing of the target territory of inspection with the help of the operational staff and to remove unauthorized persons immediately upon arrival at the place of the event and determining the boundaries of the inspection. In cases where the enclosing of a large area is difficult, it is advisable, through a surface survey, to separate the squares (cells of the accumulation of traces of the crime) and arrange a simultaneous review of such squares by the participants in the investigation team. Attention is drawn to the need to instruct the operational staff to find and interview eyewitnesses simultaneously with interrogation.

The objects that can be found within the inspection of the crime scene during investigation of infringements on life and health of journalists are listed. The peculiarities of the inspection of the corpse are considered. Author determines the negative circumstances, which can testify to the attempts of the perpetrator to conceal the crime by staging.

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ANALYSIS OF THE EXPERIENCE OF THE USE OF FORENSIC TECHNOLOGY DURENG THE INSPECTION OF THE SCENE IN THE EVENT OF THE DETECTION OF A SELF-MADE EXPLOSIVE DEVICE

A. Yakovlev; O. Parfylo

Summary

This article presents the features of explosive engineering support for the investigation of incidents involving improvised explosive devices, the comprehensive use of all effective technical and forensic means, which are in the arms of both domestic and foreign law enforcement agencies. Investigation of events related to explosive devices, separate areas of explosive engineering support for the investigation of incidents involving improvised explosive devices.

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TACTICS AND METHOD OF CORRUPTION CRIMES INVESTIGATION

I. Mezentseva

Summary

The article deals with tactical and methodological elements of the investigation, which unite corruption crimes. The Criminal Code of Ukraine in the note of Article 45 contains a list of 14 separate articles that are classified as “corruption crimes”. On the one hand, they are diverse, so the tactics and methods of their investigation have many features and differences. The achievement of an agreement on the undue profit between the person offering it (the so-called bribe-taker) and the official is already sufficient for the qualification of the completed crime. However, with the criminal procedure norms available in the Ukrainian legislation, the efficiency and effectiveness of such a truncated part of the crime is absent. The achievement of an oral agreement on wrongful gains (bribes) can be proved with the help of secret investigative actions, in particular “Survey of publicly inaccessible places, dwelling or other possession of a person”, “Monitoring a person, thing or place”, “Monitoring bank accounts”, “Audio, video control of the place”, “Control over the commission of a crime” (Articles 267, 269, 269–1, 270 271 of the Criminal Procedure Code of Ukraine). However, for the purpose of proving a significant number of corruption acts, secret investigative actions cannot be used, since they are conducted solely in criminal cases (proceedings) for serious or particularly serious crimes, and almost 50% of the list of articles of the note in Article 45 of the Criminal Code of Ukraine, which fix the corruption offenses, do not have a corresponding degree of severity. This indicates the inconsistency of material and procedural norms, which has a negative impact on the criminal policy of counteracting corruption crime in Ukraine.

The classic algorithm of investigative actions at the initial stage of investigation of corruption offenses: 1) extracting and reviewing documents; 2) search by place of work and residence; 3) interrogation of an official; 4) spot rates; 5) the appointment of the examinations needs to be completed. Preliminary conduct of secret investigative actions in order to expose criminal agreements on obtaining an undue advantage by an official is made as well. Computer technical examinations allow digital evidence “digital evidence” to be validated, understood as any stored data or data transmitted using a computer and support or refute the intention or alibi of a bribed official.

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INTERNATIONAL STANDARDS AND PRACTICES OF PREVENTING, COUNTERING AND COMBATING TERRORISM

O. Mazur; D. Lukianenko

Summary

The issues of international cooperation in the field of combating terrorism and ways of such cooperation are considered. It is noted that effective international cooperation in this field is impossible without the coordinated work of the international community, since the nature of modern terrorism requires a global response to its challenges on the principles of international cooperation. The resolution of the UN General Assembly on the prevention of militant extremism is analyzed.

The issues of international cooperation in the fight against terrorism and ways of such cooperation are also discussed. It is noted that effective international cooperation in this sphere is impossible without the coordinated work of the international community, as the nature of modern terrorism requires a global response; it calls on the principles of international collaboration. The Resolution of the UN General Assembly on preventing violent extremism is analyzed as well.

The circumstances, which are generally considered favorable for the emergence of terrorist movements within the state, are analyzed.

The experience of the advanced countries of the world about the fact that everyone should know how to behave during emergencies is studied. For example, in the United States of America operates the emergency number — 911 well-known for everyone. This is a national program to disseminate information among the population. The means may be different: through the media, the Internet resources etc. This successful experience we have to adapt to our state. When there is panic and destruction, you need to clearly know what Ukrainian services need to call in the Police, emergency or ambulance. In Ukraine, there is already a general emergency number 112, but the people are not familiar with it. The short number of the emergency call must be popularized. The population should be informed where to call, what to say if they are faced with the problem of terrorism.

It is noted that in order to minimize the number of casualties among the population, it is necessary to teach him how to behave properly during unforeseen events.

The criteria for reducing the number of terrorist manifestations and preventing the commission of terrorist acts are determined.

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FUNDAMENTALS OF INTERNATIONAL AND REGIONAL JURISDICTION OF THE INFORMATION LAW ON COOPERATION OF CYBERTRANTS

P. Bilenchuk; L. Borysova; V. Koloniuk

Summary

This article analyzes the main international documents of the legal regulation of information technologies and concludes that the ultimate goal of each computer crime is to obtain information that is stored, transmitted, processed on a computer in any form (coded or not) and contains data on spheres of human activity, ways of effective activity on investigation of transnational computer crimes are offered as well.

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THE USE FORENSIC EXAMINATION OPPORTUNITIES BY THE PARTIES OF CRIMINAL PROCEEDINGS DURING PROVING AT PRI-TRIAL INVESTIGATION STAGE

O. Baulin; V. Shevchuk

Summary

The article is devoted to the analysis of Ukrainian legislation in force which regulates the rules of ordering and carrying out judicial examination in criminal proceedings, and the state of its enforcement in contemporary investigative and judicial practice.

The article discloses the procedure for attracting an expert to conduct an expert examination by the parties to a criminal proceeding and using the expertise available at the stage of pre-trial investigation established by the procedural law. Attention is drawn to the essential difference between the mechanism for attracting an expert to carry out the examination by the parties to criminal proceedings and the shortcomings in using the expertise possibilities in proving the circumstances of the commission of a criminal offense at the pre-trial investigation stage in cases when its production is initiated by the defense. The study of the provisions of the Criminal Procedure Code of Ukraine in 2012, the laws of Ukraine “On Forensic Examination” and “On the Bar and Advocacy”, by-laws and regulations that regulate the appointment and production of expertise, as well as examples of their application in the practice of pre-trial investigative bodies, the prosecutorʼs office and the court allowed the authors to draw substantiated conclusions about the existence of a significant imbalance in the possibilities of the prosecution and defense parties in using the results of the judicial ex persistence in the process of proof. The authors of the article note typical shortcomings in implementing the partyʼs defense of their right to engage an expert to conduct an examination during the pre-trial investigation and the main reasons for ignoring the investigators and prosecutors during the proof of the pre-trial investigation of the conclusions of experts brought by the defense. In general, there is a lack of reliable procedural guarantees for the implementation of the right of the defense to engage an expert to conduct an examination during the pre-trial investigation. In order to change this situation in practice and to improve the legal mechanism for ensuring the right to protection by authors, it is proposed to make appropriate changes to the current legislative acts.

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TO THE ISSUE OF ADMISSIBILITY OF EVIDENCE SUBMITTED FOR FORENSIC EXPERTISE

O. Shcherbyna

Summary

In this article, based on the analysis of expert practice, the study of normative, scientific and reference information sources is analyzed the content of the term “admissibility” of evidence in the system of legal evidence and, in particular, the admissibility of evidence in the performance of forensic analysis.

The purpose of the article is the development of the theory problems of forensic evidence, incl. their belonging, sufficiency and admissibility, with the aim of achieving the task of the criminal process aimed at protecting the rights, freedoms and legitimate interests of participants in criminal proceedings.

It is analyzed the existence of a number of conditions under which the actual data receive the status of evidence in the case, linking the admissibility of evidence with observance of the procedural order of their receipt.

By studying the provisions of the Criminal Procedure Code of Ukraine in 2012, some negative consequences were identified in terms of the failure to comply with the admissibility of evidence in criminal proceedings during the forensic examination. The procedural law states that the expertʼs conclusion cannot be based on evidence that is recognized by the court as inadmissible. At the same time, such cases are not taken into account when evidence can be recognized by the court already when the case is examined on the merits, and not at the stage of pre-trial investigation. That is, after the forensic examination, after the completion of the pre-trial investigation. In this case, as a consequence, when recognizing the evidence that was used in the forensic examination unacceptable, such an expertʼs conclusion will be recognized as inadmissible evidence in the case. Now the forensic expert, as a participant in the judicial process, is not authorized to identify and prevent the facts of the provision of the objects to the expert for a study whose source of origin is unknown or received with a violation of the procedural order of their receipt. In turn, the body (person) who appointed (a) carrying out of a forensic examination by the legislator is not obliged to confirm to the expert the source of the objectsʼ origin by providing documentary evidence in the form of procedural documents on the existence of powers and observance of the procedural order for obtaining such objects.

According to the results of the conducted research, the main problems at the stage of pre-trial investigation in criminal proceedings in the implementation of forensic examination are the following: lack of understanding when appointing a forensic examination about the need to strictly ensure the admissibility of evidence acting as research objects. There are needs at the legislative level to fix the duty, when appointing expertise to provide the expert not only with the objects of research, but with documentary evidence confirming the origin and legitimacy of obtaining such objects.

In the process of the article writing, the materials of the scientific articles of the scientists-processualists and forensic scientists, who worked on the problem of the admissibility of evidence, were used.

The materials of this article can be used for practical workers of law enforcement bodies and educational institutions of legal direction.

Proposals are submitted to the current Criminal Procedure Code of Ukraine based on the results of the analysis.

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PECULIARITIES OF ESTABLISHING OF SUITABILITY FOR PARTICULAR ACTIONS OF OBJECTS THAT ARE THE RESULTS OF AN ENGINEERTECHNICAL ACTIVITY OF A PERSON IN THE EXPERIMENT

O. Humenskyi

Summary

The determination of attachment of an object to a specific group is provided on the base of studying the sings of an object and comparing them with sings of other objects of the same class (group).

During the analysis of criminalistics literature and criminalistics methods, we found out that scientists and practicians determine two main features in objects that we provisionally call the results of an engineer-technical activity of a person: the purpose and suitability. Analyzing these concepts we can make a conclusion that the purpose is the correspondence of the first plan to general principles of construction of devices of special type and the suitability — is the degree of realization of that first plan.

At the end we come to a conclusion that in the base of group identification of objects that are the results of an engineer-technical activity of a person, can be the analysis of two main stages of their creation: of the development (an aim, project, calculations, designing) — the purpose of an object and realization (the conformity of real-time device characteristics to characteristics that are formed on the phase of development and that are typical to the group of devices of certain type)- its suitability.

Since the expertʼs conclusion is one of the sources of evidence, according to the law it must be assessed by the investigator and the court. In order to correctly use in the evidence the facts established by the forensic expert, the investigator and the court must analyze the content of the entire expertʼs conclusion, and not just his conclusions. The most difficult part for evaluation by the investigation (court) is the research part of the conclusion, describing the progress of the research and its results, in which used scientific methods and techniques are indicated. One of the main points that are evaluated is the scientific validity of the expertʼs conclusions.

It is established that the scientific validity of the expertʼs conclusions is determined, in particular, by the correctness of conducting expert experiments. When carrying out research of the group identification of objects that are the results of engineer-technical activities of a person, to determine the suitability of such objects for certain actions and determine the technical characteristics that determine the qualitative characteristics of these objects (these technical characteristics are used later to determine the purpose of these objects) in most cases during the experiment it is necessary to reproduce the usual way of using of these objects. In exceptional cases, an indirect determination of the necessary technical characteristics is allowed; while preliminary (at the stage of creating the methodology) expert experiments should establish the possibility of such an indirect definition.

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TO THE ISSUE OF THE FORMAT, STRUCTURE AND CONTENT OF THE DOCUMENTED INFORMATION OF THE QUALITY MANAGEMENT SYSTEMS IN INSTITUTIONS THAT CARRY OUT FORENSIC EXPERT PROVISION OF JUSTICE

T. Holikova; Ya. Poltavska

Summary

The article deals with problematic issues of documenting the quality management system of institutions that carry out forensic expert provision of justice. The provisions of international standards for quality management systems harmonized in Ukraine are established, which regulate the quality documentation system as proof of the conformity of the institutionʼs activity with the declared ability to constantly represent products and services that meet the requirements of the customer and the applicable legislative and regulatory requirements.

On the example of the provisions of normative and normative-methodological international and national documents, certain gaps are revealed in determining the type of documents, their structure and content, except for the only document that regulates the creation of methods for conducting forensic examinations — methodological recommendations “The development of expert methods: content, structure, design (taking into account the international standards of quality management systems, adapted in Ukraine”.

These methodological guidelines were recommended by the Coordination Council for Forensic Expertise under the Ministry of Justice of Ukraine for the use during the development of methods for conducting forensic examinations, which are the main document of Section 5 The technical requirements (requirements for conducting expert studies). Currently, within the framework of the standardization of forensic expert provision of justice, the Draft state standard of Ukraine “The development of methods for conducting forensic examinations, taking into account the requirements of DSTU (National Standards of Ukraine) 1.5: 2015 (ISO/IEC Directives, Part 2, 2001, NEQ) Rules for composition, presentation, process documentation and requirements for the content of regulatory documents”.

To eliminate these problems, the classification of documents was developed on four grounds: internal and external documents; documents regulating the requirements for management and technical (expert) requirements; documents on the degree of their hierarchy; documents on the areas of activity defined in Sections 4 and 5 of DSTU (National Standards of Ukraine) ISO/IEC 17025: 2006 General requirements for the competence of testing and calibration laboratories.

Work continues on the development of the structure and content of documents, the results of which, in general, will make it possible to define an indicative list of elements of the quality documentation system- the specific documents, which will allow each institution to develop or update its package of documents, taking into account the specific features (approaches) ) in the activities of forensic expert provision of justice.