Criminalistics’ classification of criminal encroachments on cultural values

Abstract

The increase of efficiency of the investigation technique of criminal offences to some extent depends on its correct сriminalistics classification. The analysis of Articles’ provisions of the Criminal Code of Ukraine states those offences which are made in the sphere of cultural values provided by the dispositions of Articles of different sections of the Code. They are the following: section VI “Crimes against the property”, Section VII “Crimes in economic activities”, Section XII “Crimes against public order and morality”, Section XX “Crimes against peace, security of mankind and the international legal order”. The specified circumstance has caused carrying out of classification of offences in the sphere of cultural values on сriminalistic significant features, with the aim to work out an effective technique of investigation of these criminal offences. Today the issue of сriminalistic classification of the illegal encroachments on cultural values has not been the subject of research in the legal literature that is why the pressing issue and needs to be worked out. The analysis of scientific publications has allowed as the bases for сriminalistics to classify criminal offences in sphere of cultural values to define elements of сriminalistics characteristics and to define the following groups: criminal offences which are made by assignment found or such that has casually appeared in certain persons of property of another which has special historical, scientific, art or cultural value; criminal offences which are made by infringement of the established order of moving historical and cultural values through the customs border of Ukraine; criminal offences that are made by infringement of the rules established by the law and a procedure of the search works on the site of an archaeological heritage; criminal offences which are made by plunder of national values on the occupied territories. The article deals with the сriminalistics classification of illegal encroachments on cultural values. The original system of elements will give a chance to define: specificity of the сriminalistics characteristics of certain types of examined criminal offences; general and situational caused circumstances which are subject to proof; specific for certain types of investigative situations; recommendations, concerning investigation realization, taking into account specifics of such situations and their specific problems; directions, means, methods, technologies for the performance of relevant issues in consistent adequacy to practical needs.