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DOI: https://doi.org/10.33994/kndise.2023.68.25

O. Malenko

In the scientific article, the author examines the theoretical and practical problems of the procedure for the investigator’s involvement of a person in confidential cooperation and conducting covert investigative (search) actions during the pre-trial investigation of corruption criminal proceedings. It also reveals the issue of the use by the defence side of the established violations in the algorithm of involving the relevant person in criminal proceedings in order to justify the inadmissibility of evidence obtained as a result of covert investigative (search) actions with the participation of the confidant.
Based on the analysis of the judicial practice of the High Anti-Corruption Court and the Appeals Chamber of the High Anti-Corruption Court, the author concluded that there is no uniform application of Article 275 of the Criminal Procedure Code of Ukraine in the activities of law enforcement agencies. Most often, investigators attract confidants by selecting an application for voluntary consent to confidential cooperation and participation in covert investigative (search) actions and the adoption of a corresponding resolution. There are cases of a decision on the participation of a confidant in criminal proceedings by the prosecutor when adopting a resolution on the conduct of covert investigative (search) actions – control over the commission of a crime (with the written consent of the person). The author has researched judicial practice in cases where the materials of criminal proceedings do not contain any procedural documents regarding the involvement of a confidant in covert investigative (search) actions and confidential cooperation.
The article stated the fact that the High Anti-Corruption Court and the Appels Chamber of the High Anti-Corruption Court ignored all violations of the prosecution regarding the implementation of Article 275 of the Criminal Procedure Code of Ukraine.

Key words: criminal proceedings, covert investigative (search) actions, use of confidential cooperation, confidant, a realization of the right to defence.

DOI: https://doi.org/10.33994/kndise.2023.68.24

V. Zinukhova

The article analyzes a number of provisions on the researched topic. It was assumed that force majeure or force majeure is a general basis for exemption from civil liability, both contractual and non-contractual. In the work, we considered the circumstances of liability in cases of violation of non-contractual obligations under martial law. Also, specifics of the legislative requirements for recognition of certain circumstances of force majeure have been established. The consequences of the application of such circumstances and other features were determined. And they also formulated the conclusions that even under the conditions of martial law, force majeure is not an automatic basis for exemption from the fulfilment of obligations under contractual relations and from the obligation to indemnify damages in noncontractual obligations, etc.
It is noted that a comprehensive approach to the study of this problem in modern realities is practically absent and has no systematic applied research in the conditions of martial law. Issues related to force majeure are one-sided. But, more often than not, in scientific studies, either the historical aspects of the formation of the «force majeure» category are revealed, or only the characteristics of certain types of force majeure are provided, and the problem of recognizing certain life circumstances as force majeure and the consequences of these circumstances are not analyzed. There is no clear definition of the place of the category «force majeure» in the conceptual apparatus of civil law and legislation of Ukraine. To date, the specifics of force majeure (as grounds for exemption from liability for breach of obligation), etc., have not been established. There is no distinction between force majeure and related legal phenomena (accident, risk, impossibility of performance, significant change of circumstances).
The purpose of the study is to analyze the concepts of «force majeure» and «insurmountable force», the signs and characteristics of such concepts and the question of the possibility of their identification, the determination of cases that are not considered force majeure in judicial practice, despite the existing extraordinary circumstances during martial law.
In summary, we note that even under the conditions of martial law, force majeure is not an automatic basis for exemption from the fulfilment of obligations under contractual relations and from the obligation to compensate for damage in noncontractual obligations. The party to the contract must confirm not only the fact of the occurrence of force majeure circumstances but also their ability to influence the real possibility of fulfilling the obligation. Although the letter of the Chamber of Commerce attributes the fact of war to force majeure. However, this fact alone is not enough to establish the legality of a person’s failure to fulfil obligations due to such circumstances – the law provides for a specific method of confirming force majeure by obtaining a corresponding certificate from the Chamber of Commerce and Industry of Ukraine. In turn, in court practice (not having a prejudicial character) it is considered and evaluated on a par with all other evidence.

Key words: cases, martial law, treaty, commitment, substantial change of circumstances (hardship), the contract, impossibility of performance, irresistible force, agreement, force majeure.

DOI: https://doi.org/10.33994/kndise.2023.68.23

Yu. Koniushyn

The article is devoted to the analysis of the essence and certain aspects of the admissibility of leading questions in criminal proceedings. Those provisions of the modern doctrine, which categorically refuse to use this type of question in proof only on the basis that their formulation contains an answer, a part of an answer, or a hint of it, are called into question.
Each verbal-meaningful question, in general, really contains some initial information. The admissibility or inadmissibility of a leading question must be categorized not by the presence of introductory (basic) information in it and its suggestion, but by its origin, the moment of its appearance in the communicative act, compliance with the requirements, namely: 1) legality; 2) ethics, in particular: a) a manipulative leading question is inadmissible, which invariably prompts the addressee to provide the information desired by the addressee or to behave in accordance with his interests (make a decision, etc.); b) it is necessary to evaluate and take into account which social values the addressee will give priority to as a result of asking him a leading question (that is, the addressee must compare the purpose and objectives of criminal proceedings with familiar social values: family, family relations, etc.); c) that the information obtained as a result of the leading question (confession of guilt, positive reaction to involvement in a criminal offense or awareness of it, etc.) should not be considered (evaluated) as the only evidence of guilt, that is, that this information should be confirmed by other evidence as well; d) the question does not contain wording in an aggressive manner; e) a situation will not be created in which the addressee, by asking a question, directly or veiledly encourages the addressee to consider existing facts that have not yet been established in reality or are considered to exist based on information that has already been refuted; e) a situation will not be created in which the addressee, in the basis of the question, directly or veiledly operates with evidence that was previously recognized as inadmissible by the court; f) a situation will not be created in which the addressee, with a leading question, introduces a topic (idea) for discussion that was not previously the subject of direct questioning; g) a situation will not be created in which the addressee prompts the addressee to make an evaluative judgment with a leading question, etc.

Key words: suggestion, structure of questions, admissibility requirements, investigative actions, evidence, criminal case.

DOI: https://doi.org/10.33994/kndise.2023.68.22

S. Tomyn, O. Lyshak

The article deals with the features of implementation of informational and analytical support for the activities of law enforcement agencies in the prevention, discovery and investigation of corruption offenders. According to the author, such provision includes two relatively independent components: informational and analytical. The information provides for the collection, processing, accumulation and systematization of information about corruption offences and the persons who committed them. Analytical one is the determination of the state, structure and dynamics of corruption crime, negative deviations in its structure, the establishment of cause-and-effect relationships between various factors that determine it, as well as forecasting trends in its changes.
The most effective means of informational and analytical activity for the prevention, detection and investigation of corruption offenders is the method of analytical intelligence and analytical search, focused on constant and continuous search, accumulation and processing of information about corrupt activities in a certain territory, in the economy or in the state as a whole.
The division of analytical intelligence into types based on the range of tasks to be solved has theoretical and practical significance.
Analytical intelligence for the purpose of solving operational problems allows one to establish the trends of corruption crime, find out the places and areas of concentration of corruption crimes, and determine the profile of the corruptor.
Analytical intelligence with the aim of solving tactical problems pursues the goal of developing tactical measures to apprehend criminals, identify risks and warn specific corruption offenders.
Strategic analytical intelligence involves the preparation of strategic management decisions and the identification of corruption-related risks. Considering the high latency of corruption offenders and the lack of necessary access to closed, confidential information by individual law enforcement agencies, the use of OSINT to search for hidden assets and connections of subjects of corruption offenders on the basis of open sources of information and data is an effective method of analytical intelligence in order to solve the problems of combating corruption offences. including on the Internet.
Among the other directions of the analytical search, it is necessary to note the report on the state of anti-corruption, information from the unified state register of persons who have committed corruption or corruption-related offences, and the results of published relevant journalistic and public investigations.

Key words: informational and analytical support, analytical intelligence, corruption offences, law enforcement agencies, warning, discover, investigation.

DOI: https://doi.org/10.33994/kndise.2023.68.21

H. Sysoienko

The article is devoted to the consideration of individual procedural actions, namely the inspection and inspection of the scene of the event. The article examines the historical retrospective of the emergence and peculiarities of the specified procedural actions in the criminal procedural legislation of different years. The article examines the procedure for conducting an inspection and inspection of the scene of events according to the current Criminal Procedure Code, in particular, points out shortcomings and suggests ways to eliminate them.
the article examines the historical retrospective of the conduct of investigative search actions as a review and review of the scene of the incident, the specifics of the conduct of these procedural actions in the criminal procedural legislation of different years are determined. The problems in the issues of inspection and inspection of the scene of the incident in the current Criminal Procedure Code were identified and options were proposed to eliminate existing controversial issues by making changes to the Criminal Procedural Code of Ukraine, for the purpose of effective pre-trial investigation.

Key words: criminal proceedings, criminal offence, investigative actions, inspection, inspection of the scene of the incident, emergency, scene of the incident, housing or other property of a person.

DOI: https://doi.org/10.33994/kndise.2023.68.02

O. Mazur, К. Bortun

The article examines the issue of disclosure of the content of the principle of the rule of law, its elements and the practice of the European Court of Human Rights in the context of a violation of Art. 6 «The right to a fair trial». Changes to the Criminal Procedure Code of Ukraine regarding the restoration of lost materials of criminal proceedings under martial law are analyzed.
The relevance of the study is determined by the fact that the principle of the rule of law, which was reflected in the preamble of the Convention on the Protection of Human Rights and Fundamental Freedoms and in a number of other international documents on human rights, must be ensured even during the war. After all, according to Art. 8 of the Constitution of Ukraine, the principle of the rule of law is recognized and applied in our country.
In connection with the full-scale war and the legal regime of martial law, Ukraine faced many challenges, especially the criminal justice authorities, since peacetime laws could not regulate all the events and circumstances that arose.
As a result of the events that took place in the spring and summer of 2014, as well as after the full-scale invasion of the Russian Federation into the territory of Ukraine, the government temporarily lost control over parts of the territory of Luhansk and Donetsk regions, where the courts of first instance and appeals were located, some of the materials of criminal proceedings also remained in this territory Therefore, the state authorities were faced with the issue of restoring lost materials of criminal proceedings to ensure the rights and legitimate interests of suspects and accused persons. These issues were highlighted in the decisions of the European Court of Human Rights in several cases against Ukraine.
Therefore, the Verkhovna Rada of Ukraine made a number of changes to the legislation, in particular to the Criminal Procedure Code of Ukraine.

Key words: principles of the criminal process, the principle of the rule of law, the right to a fair trial, the practice of the European Court of Human Rights.

DOI: https://doi.org/10.33994/kndise.2023.68.19

A. Kovalenko

The article deals with the formulation of the organizational and tactical foundations for the presentation of a person for identification by a 3D model of her appearance. The author notes that the named form of presentation for identification is a promising high-tech way of carrying out the mentioned investigative (detective) action, a logical development and a modern alternative to identification by photographs. To conduct the proposed study, a virtual (computer) scene was created, within which a demonstration of 3D models of a person’s appearance was worked out. It is advisable to involve at least two attesting witnesses in this procedural action and (or) to continuously film the identifying person at the same time as capturing the screen on which 3D models are shown. 3D models can be presented as recognizable faces on a monitor screen, in virtual reality (using VR glasses or a helmet) or in augmented reality (using AR glasses).
For identification, it is proposed to present 3D models of a recognizable face and at least three extras made using the forensic (signal) 3D scanning method. It is advisable to demonstrate the mentioned models to a recognizable person together and separately, as well as in a model of the environment in which the perception took place. In order to introduce into law enforcement, practice the procedure for presenting a person for identification using a 3D model, it is necessary to make appropriate changes to parts 6 and 7 of Article 228 Code of Criminal Procedure of Ukraine.

Key words: pre-trial investigation, investigative (search) action, presentation for identification, forensic (signal) 3D scanning, 3D appearance model.

DOI: https://doi.org/10.33994/kndise.2023.68.18

V. Kutsenko, M. Leonenko, P. Nazarenko, D. Shyian, O. Shyian

The article deals with the analysis of scientific views, theoretical provisions and legislation, and examines the forensic characteristics of the deliberate introduction in the circulation of hazardous products on the market of Ukraine (release to the market of Ukraine).
The subject of the investigated crime is dangerous products. The main task of the stage of preparation for this crime is the deliberate creation of conditions for its commission. The method of directly committing the crime in question is the introduction into circulation (release on the Ukrainian market) of dangerous products, committed on a large scale. The methods of concealing the analyzed crime can be 1) destruction of the most dangerous products; 2) destruction of the raw materials from which it was made; 3) destruction or concealment of equipment on which hazardous products were produced or packaged (packaged); 4) destruction of documentation, which indicated the origin of the product or recorded the processes of economic activity associated with it; 5) making changes to the documents on the results of product testing; 6) a statement that the person did not know that the product was dangerous; 7) concealment of vehicles used to transport hazardous products. The typical consequences of the commission of the crime under study are the infliction of harm to human life, health, property or liability rights, as well as the environment.
An obligatory sign of the objective side of this crime is the place of the criminal offence – the market of Ukraine, which is defined in the title and disposition of the relevant criminal law norm. The commodity market (commodity market) is the sphere of circulation of goods (interchangeable goods), for which there is supply and demand for a certain time and within a certain territory. The subject of the crime in question is general – a physically sane person who has reached the age of 16. However, this does not exclude the possibility of its commission by a special subject, in particular, an official (official). The motives and goals of the analyzed criminal offence may be different: the benefit, unwillingness to spend energy and time on the proper manufacture or sale of good-quality products or good-quality goods or the performance of good-quality work or the provision of good-quality services, the desire to improve the work of the enterprise, personal interest, commission in the interests of third parties and etc.

Key words: forensic characteristics, crime, way of committing, dangerous products, introduction into circulation, circulation on the market, release to the market, market of Ukraine.

DOI: https://doi.org/10.33994/kndise.2023.68.17

O. Bohatyrchuk, S. Marko

Within the framework of a scientific article, based on the study of legal sources, the practice of their application and the points of view of scientists on selected topics, the problems of fixing and documenting criminal offenses against the environment, using the possibilities of forensic environmental examination during their investigation, taking measures to determine the size harm and identification of persons involved in their commission. Appropriate organizational and tactical recommendations were made, aimed at improving the methodology for investigating criminal offenses against the environment.

Key words: pre-trial investigation, environment, forensic environmental examination, amount of damage, procedural actions.

DOI: https://doi.org/10.33994/kndise.2023.68.16

O. Heselev

The research conducted in the article is due to a number of problems and gaps identified by judicial and law enforcement practice related to the interpretation and application of the relevant provisions of the law on subjects and the procedure for reporting the suspicion of a separate category of persons. The legal institute notification of suspicion is one of the defining procedural institutes in the modern criminal process of Ukraine. The problem of reporting suspicions of committing criminal offences to people’s deputies of Ukraine and other persons who are referred to as the «separate category of persons» by the criminal procedure law has become especially relevant.
The article examines legal justification or legitimation of the grounds and procedure for applying the procedure for notification of suspicion of committing a criminal offence to the above-mentioned persons. For this purpose, the notice of suspicion is, first of all, considered as a complex procedural measure provided by the Criminal Procedure Code of Ukraine, which consists of successive, interconnected and interdependent stages: establishing legal grounds for notification of suspicion; adoption of the relevant procedural decision and its execution in the form of a written document indicating all the circumstances and qualifications of the criminal offence; conducting a procedural action, the content of which is reduced to the direct delivery of such a document (notice) to a certain person with an explanation of the content of the suspicion and his procedural rights.
It is concluded that compliance with the above-mentioned legal procedure for notification of suspicion, in particular, personal, direct delivery of such notification to representatives of certain categories of persons by law special entities, is the basis for the legal legitimization of this procedural institution, ensuring the special legal status of these persons, as well as guaranteeing the rule of law, respect for constitutional rights and achieving legal objectives of criminal proceedings.

Key words: the concept and grounds for the notification of suspicion, special subjects and features of the notification of suspicion of a certain category of persons, justification and criteria for legitimizing the procedure of notification of suspicion.