Kolesnik I. The methodology of bribery investigation of crimes against traffic safety and operation of transport

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U001466

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

02-03-2020

Specialized Academic Board

К 64.051.30

V.N. Karazin Kharkiv National University

Essay

The object of research: the social relations that are formed during the pre-trial investigation of crimes against the road traffic safety and transport operation. Objective: To improve the theoretical positions and to develop the optimal practical recommendations on the methodology of the investigation of crimes against the road traffic safety and transport operation. Methods: The methodological basis has made the general dialectical method of scientific knowledge of reality. As a scientific instrument be used the methods of logic (analysis, synthesis, induction, deduction, analogy), system-structural, historical and legal, comparative legal, sociological (a poll, expert assessment) methods. Theoretical and practical results of the scientific novelty: defined the elemental composition of criminological characteristics of crimes against the traffic safety and transport operation; some aspects the subsequent stage of the investigation in the situation when the defense part disputed (are denied) the individual circumstances of the road accident; formulated and substantiated the position of peculiarities in the production of individual investigative tactics (investigation) operations, which are caused by the specifics of the object of knowledge; the definition of typical investigative situations, tactical tasks and means of their solution at the initial stage of the investigation, taking into account the initial information about the presence of vehicles, their drivers, other road users and their behavior at the scene of an accident, was improved; have been further developed: provisions on the list and characteristics of the circumstances to be proved in criminal proceedings of this category, taking into account the possible ambiguity of the situation of an accident; on the specifics of interrogation tactics and the problematic tasks of the investigative experiment in establishing separate elements of the mechanism of an accident and its connection with the extrusions. The practical significance: the received results can be used in the legislative activity by making changes to the of projects legislation regulating social relations in the sphere of road traffic and transport operation; in enforcement activity - to improve the practice of pre-trial investigation of crimes against the traffic safety and transport operation (implementation of the act into practice HNIISE they Honored Professor Bokariusa from December 8, 2016). The scope of use: educational and methodical work during teaching criminalistics and special training courses, preparation books, textbooks and educational and methodological materials, as well as increasing the qualification of prosecutors, investigators, employees of operational units, judges.

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