Блог

DOI: https://doi.org/10.33994/kndise.2023.68.15

О. Stepanchenko

The article discusses the problematic issues of investigating crimes related to domestic violence. The practice of the Criminal Court of Cassation as part of the Supreme Court regarding the concept of systematic domestic violence is analyzed.
Some features of the interrogation of victims of domestic violence, namely women and minors, are revealed. It is proposed to change Part 1 of Art. 354 of the Criminal Code of Ukraine, making the presence of a psychologist mandatory during the interrogation of a minor witness or victim. Recommendations for optimization of the process of investigation and prevention of the specified crime are proposed. A systematic analysis of domestic legislative acts, specialized literature, as well as expert practice, made it possible to make separate proposals for improving the theoretical and legal foundations for the investigation of crimes related to domestic violence.
The need to review the current legislation of Ukraine for the presence of measures provided for by the Budapest and Istanbul Conventions, and to enshrine at the legislative level the concept and responsibility for domestic cyber-violence was emphasized.

Key words: domestic violence, investigation, evidence, systematicity, victim, interrogation, domestic cyber violence.

DOI: https://doi.org/10.33994/kndise.2023.68.14

V. Yusupov

One of the subjects of criminal encroachment in the commission of a crime under Art. 263-1 of the Criminal Code of Ukraine are ammunition, explosives and explosive devices. Such objects are capable of causing destruction, have the ability to cause bodily injury or death to a person and form significant material harm. At the present stage, in the absence of a basic law on weapons, in practice, there are certain problems with the qualification of the acts of persons as the illegal manufacture of ammunition, explosives and explosive devices. The article presents the concepts and types of these elements of the forensic characteristics of a crime under Art. 263-1 of the Criminal Code of Ukraine. The classification of ammunition, explosives and explosive devices makes it possible to differentiate a specific object as the subject of a crime under Art. 263-1 of the Criminal Code of Ukraine, to determine its forensically significant properties and characteristics.
Particular attention is paid to traces that appear at the site of careless handling of ammunition, explosives and explosive devices. To inspect the sites of these incidents, it is imperative to involve specialists in ballistics, explosives specialists, as well as other persons with special knowledge in the field of ballistics and explosives. The presence of these specialists also ensures the safety of other participants in this investigative action.
Ammunition, explosives and explosive devices as objects of criminal assault have a close relationship with the personality of the offender, the method of committing a criminal offence and the pattern of traces. Therefore, the establishment of the objects of criminal encroachment and their study allow you to correctly select the methods, techniques and means of investigation, determine the optimal sequence of investigative actions, and also properly ensure the investigation of a crime under Art. 263-1 of the Criminal Code of Ukraine.
The article concludes with the importance of ammunition, explosives, and explosive devices for establishing the elements of a forensic characterization of a crime under Art. 263-1 of the Criminal Code of Ukraine, and the need to use the special knowledge of experts involved in the relevant criminal proceedings.

Key words: ammunition, explosives, explosive devices, weapons, illegal
manufacture of ammunition, explosives, explosive devices, explosive expertise.

DOI: https://doi.org/10.33994/kndise.2023.68.13

O. Tsilmak

The article states that the investigator must be well aware of the various reasons for conscious or unconscious misrepresentation or reporting of false testimony by a person. These reasons are conditionally divided by the author into psychological, social and psychophysiological. The essence of the main psychophysiological mnestic reasons for a person’s unintentional giving of unreliable testimony during investigative (search) actions is revealed. The author includes repressed memories and types of memory disorders as such causes: dysmnesia (hypermnesia, hypomnesia and different variants of amnesia (anterograde, retrograde, delayed, fixation, reversal, congrats and progressive) and paramnesia (confabulation, pseudo reminiscence, cryptomnesia, echomnesia and phantasms). The meaningful essence and peculiarities of the influence of repressed memories and types of memory disorders (dysmnesia and paramnesia) on the person’s testimony are revealed.
It is emphasized that since the preliminary investigation and trial process relies on the memory of the suspect, the accused or the witness, any kind of memory impairment can have significant consequences in these areas. Because it gives reason to doubt the person’s testimony and confessions. Therefore, the investigator in the process of carrying out investigative (search) actions must be vigilant and prudent in order to verify the information and collect and obtain accurate information from the subject of the pre-trial investigation. And for this, he must know well the substantive essence of the main types of violations of cognitive, volitional, emotional and motivational processes and states, as well as the criteria for their diagnosis.

Key words: verification, mnestic reasons, unreliable testimony, preliminary investigation, memory impairment, investigative (search) actions, investigator.

DOI: https://doi.org/10.33994/kndise.2023.68.12

N. Nestor

The article deals with the issues of interaction between the subjects engaged in the forensic expert activity and the bodies of pre-trial investigation and the prosecutor’s office in modern criminal proceedings in Ukraine. The existing problems in the mechanism of interaction between the subjects engaged in forensic expert activities and the bodies of pre-trial investigation and the prosecutor’s office in modern criminal proceedings of Ukraine are noted and ways to solve these problems are proposed.
It is noted that despite the unprecedented challenges faced by law enforcement agencies in their activities during the armed aggression of the russian federation against Ukraine, the implementation of the main provisions of the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies as part of the Security and Defense Sector of Ukraine for 2023-2027, approved by the Decree of the President of Ukraine dated May 11, 2023 No. 273/2023, largely depends on the effective operation of the system of forensic expert support of justice.
The nature of procedural relations arising in connection with the appointment and conduct of forensic examinations in criminal proceedings implies active interaction of forensic experts and the entities that appointed the examination, and other persons. The state of organization of this interaction directly depends on the effectiveness of both forensic activities and the activities of criminal justice bodies.
However, investigative error in the appointment and conduct of forensic examinations continues to be a typical phenomenon of criminal justice in Ukraine, which is caused by the shortcomings of the legal regulation of the interaction of pretrial investigation bodies and the prosecutor’s office with the subjects of forensic activity.
Various approaches to determining the interaction between pre-trial investigation bodies and the prosecutor’s office and subjects of forensic activity are considered. It is indicated that it is carried out with the aim of the most rational use of special knowledge during criminal proceedings, in accordance with the law, according to certain principles, at different levels and in different forms. The main forms of interaction carried out by forensic expert institutions have been characterized, among which one is the main one conducting examinations on procedural decisions of pre-trial investigation bodies, prosecutor’s office, investigating magistrate, and court, since as a result of its use, an expert’s opinion appears as a source of evidence.
Based on the analysis of the provisions of normative legal acts that determine the procedure for interaction between pre-trial investigation bodies, prosecutors and subjects of forensic expert activity in criminal proceedings, it is concluded that it is necessary at the level of law to regulate the issues of conducting such traditional types of forensic examinations as additional, repeated, comprehensive, as well as to determine the powers of heads of forensic institutions.

Key words: criminal proceedings, forensic examination, pre-trial investigation bodies, prosecutor’s offices; interaction of subjects of forensic activity.

DOI: https://doi.org/10.33994/kndise.2023.68.11

Е. Lukianchykov, B. Lukianchykov, O. Mykytenko

The article deals with the issues of international cooperation between law enforcement agencies of states and international organizations in combating organized crime in the field of taxation. The forms and directions of the interaction of pre-trial investigation bodies with law enforcement agencies of other countries in countering organized crime in the field of taxation are analyzed. The study studied international treaties, the legislation of states (Ukraine, Germany, Poland, Italy), scientific achievements of scientists, statistical data on registered criminal offences and the results of their pre-trial investigation, and materials of criminal proceedings.
According to the results of the study, the interaction of investigative units with other law enforcement agencies and their units in Ukraine, as well as law enforcement agencies of other states, is proposed to be considered in two senses. One of them – is a guide, the principle of organization, which should guide the investigation process. The second – as a structural element of the methodology for investigating certain types of crimes, which should contain information about the experience of interaction of the investigator with other departments of law enforcement agencies, government agencies and public organizations, and, if necessary, with law enforcement agencies from other countries of the world (international cooperation).
The levels of international cooperation in combating crimes in the field of taxation committed by organized criminal groups are determined: bilateral (allows to take into account the peculiarities of law enforcement activities of each party to a greater extent, to agree on issues that are not equally regulated by the national legislation of each of them); regional (based on the principle of territoriality and allows taking into account the interests of the states of a particular region); universal (cooperation is carried out on the basis of Ukraine’s participation in world international organizations).
Forms of international cooperation in the field of combating crime are international legal assistance (conducting investigators and other legal proceedings, etc.), extradition of a person suspected of committing a crime (extradition institute), taking over of criminal proceedings; transfer of convicts to deprivation of liberty for further execution of punishment; international search; information exchange.
Proposals have been formulated to improve the interaction of investigative units with law enforcement agencies of other states in combating organized crime in the field of taxation based on the provisions of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 2001 on the possibility of direct communication between the competent authorities of Ukraine and the competent ones.

Key words: taxation, organized crime, interaction, international cooperation, investigative actions, police, pre-trial investigation.

DOI: https://doi.org/10.33994/kndise.2023.68.10

I. Kohutych

The article is devoted to the analysis of the material, as a result of which the need for the development of an educational and typical method of investigating the violation of the laws and customs of war (a crime stipulated in Article 438 of the Criminal Code of Ukraine) has been announced.
On the basis of views generally known to the scientific community, it was established that, from a scientific point of view, the most important purpose of the methodology proposed for the development of the investigation of violations of the laws and customs of war should be the presentation of theoretical provisions and developed on their basis typical recommendations regarding providing the implementers of the pre-trial investigation of the specified crime with an appropriate system of procedural and extra-procedural (actually a forensically legalized) actions and measures of their optimal and effective activity to achieve the goal and tasks of criminal proceedings determined by it.
It is specified that the methodology updated in the process of development should cover the following main sections: 1) forensic characteristics of the crime provided for in Art. 438 of the Criminal Code; 2) typical investigative situations at the stage of identifying signs of violations of the laws and customs of war and the stages of its investigation; 3) forensic issues of initiation of criminal proceedings; 4) preparation (organization and planning) of the investigation; investigative versions, circumstances to be established by pre-trial investigation; 5) algorithm of investigative (search) public and private actions (other procedural and nonprocedural actions and measures); 6) peculiarities of the execution of the actions and measures provided for by this algorithm, as well as their complexes (tactical operations); 7) ensuring coordination of the activities of law enforcement agencies in the investigation and interaction with variously functioning state and non-state bodies, organizations, other subjects involved in this process; 8) forensic prevention measures.
Considerations regarding the general aspects of the organization of the investigation of violations of the laws and customs of war are outlined, with an emphasis on «operational and organizational issues». The essence of a) possible models of organization of the investigation of a violation of the laws and customs of war; b) principles of information and analytical work relevant to the investigation; c) unfavourable factors for the investigation in the conditions of war, related, first of all, to his qualification and adequate understanding of certain principles of criminal proceedings is partially revealed. Attention was drawn to high-profile cases of misunderstanding the purpose and tasks of the specified category of criminal proceedings, which led to reasonable doubts about the proper observance of the guarantees of the right to a fair trial.

Key words: war, war crimes, criminology, investigation methodology, investigation procedure, pre-trial investigation.