Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Верстка Криміналістика 2019 6.05. 371 381 Завантажень: 1, розмiр: 284.4 KB

DOI: https://doi.org/10.33994/kndise.2019.64.32

Yu. Motlich

 This article is devoted to the study of criminalistic classification of corruption crimes in local governments. It discusses issues related to determining the basis for constructing a criminalistic classification, types and their significance for the development of criminalistic techniques for investigating corruption crimes in local government.

Analysis of the scientific works of scientists led to the conclusion that the criminalistic classification is the basic systematizing element of crime investigation methodology, from which directly complex depends guidelines for the implementation of the investigation and ways to improve such recommendations.

Such a scientific position is connected with the very essence of a criminal event as an object of study of criminalistics. The author of the article supports the position of scientists, indicate that the role of the criminalistic classification is to single out criminalistic signs of criminal activity and activities to investigate such crimes. This allows you to build the most effective and optimal criminalistic techniques.

The method of investigation of corruption crimes in local governments is related to interspecific methods. Criminalistic construction qualifying offenses given the common criminalistic significant and criminal-legal signs allows science to create such interspecific methods that could satisfy the needs of the investigation.

There are various approaches to the solution of the question of determining the grounds for constructing a criminalistic classification. It is necessary to take into account criminal-law and purely criminalistic signs in the implementation of the construction of a criminalistic classification of corruption crimes committed in local government bodies. In addition, it should be emphasized separately that the specific characteristic of the investigated crimes committedcamping in local government, it is the corruption component. Accounting for this specific feature is due to its direct influence on all elements of the criminal event. Therefore, the assignment to corruption of a certain group of crimes committed in local government bodies is associated both with the implementation of the correct criminal law qualification of the act, and with ensuring the proper level of organization and the choice of the correct investigation technique.

Given the nature of the corruption component of individual crimes and results of studies of the development of criminalistic classifications, we can conclude that the classification of the study group of crimes should be subject to the following significant features : 1) the identity of the offender; 2) subject of encroachment; 3) method of crime (methods of preparing, committing and concealing crimes) ; 4) criminal technologies; 5) the results and consequences of the crime.

The criminalistic classification is a vital element of such an interspecific criminalistic methodology, such as the method of investigating corruption crimes in local governments. Its development is aimed at ensuring the construction of an effective method of investigation of this group of crimes. The allocation of criminalistic classification with regard to criminal law and significant criminalistics grounds will allow to form complex methodological recommendations taking into account various typical situations of the initial and subsequent stages of the investigation, identify typical versions, tactical tasks and provide for an optimal set of means to solve them.

Key words: forensic classification, corruption, bodies of local self-government, investigation, methods of investigation of crimes.