V. Halahan; R. Dudarets
The article focuses on the importance of the successful conduct of investigative actions aimed at gathering evidence in the investigation of the creation of militarized or armed groups not provided for by law. Among these procedural actions, a special role belongs to the inspection. After the inspection, the investigator has a real opportunity to use the obtained evidence to verify existing evidence and to obtain new evidence, to substantiate important procedural decisions in a particular criminal proceeding.
However, the inspection on the temporarily occupied territory of Ukraine is associated with a few features. First of all these include the need to conduct an inspection in a combat zone, with the involvement of sappers and other specialists, in order to maximally secure the life and health of the members of the investigative team. In addition, it complicates the inspection of the delivery of suspected persons to the investigator after a considerable period. However, despite these circumstances, which significantly complicate the investigation, an inspection of the scene of an incident must be carried out in each specific case of the creation of militarized or armed formations not provided for by law. It is advisable to entrust the investigation of these crimes to the investigative and operational group, which includes the investigator of the security agencies, the investigator of the National Police, employees of the operational units of these agencies, the forensic inspector, explosives (sapper), dog handlers with an investigative dog (if necessary), military personnel specialists in the field of rocket troops and artillery, military personnel of the Military service of law and order in the Armed Forces of Ukraine.
The algorithm of activities that need to be carried out before going to the scene of action includes actions aimed at verifying the objectivity of the message received, promptly collecting all specialists, going to the scene of the incident, equipping the team leader with a radio station. Work at the scene is preceded by preparatory activities: assisting possible victims, defining the boundaries of the inspection, guarding it, taking photos, video filming, and preliminary survey of the territory by sappers to identify unexploded whizz-bang. What the peculiarities of direct inspection of the scene of an incident is its maximally limited time of holding, fixing with the help of specialistsʼ traces of the crime, their withdrawal for further necessary examinations. Abidance of the procedural order and tactical recommendations of the inspection will contribute to the work of the investigative and operational team in terms of maximally preventing a real threat to the life and health of its participants.
Key words: creation of paranoid or armed formations not provided by law, pre-trial investigation, review, tactical recommendations, investigation-operational group.