Revenko O. Fundamentals of the methodology of illegal coal mining investigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003941

Applicant for

Specialization

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

27-11-2018

Specialized Academic Board

К 64.051.30

V.N.Karazin Kharkiv National University

Essay

Object of research: there is activity on illegal smelting of coal and activity of law enforcement bodies in pre-trial investigation of this kind of crimes. Purpose: to develop, on the basis of the provisions of the general theory of criminology, the results of the generalization and analysis of forensic practice of the fundamentals of the methodology for investigating the illegal mining of coal. Methods: general and special methods of cognition, in particular: dialectical, abstract, formal-logical, system-structural, structural-functional, comparative, statistical, sociological, etc. Theoretical and practical results, scientific novelty: a forensic description of the illegal mining of coal has been explored in detail; highlighted and disclosed the content of its most significant elements: the situation and the subject of a criminal offense; methods of cooking, committing and concealing a crime; traces and consequences of criminal activity; the offender; the victim's face (optional element); The ways of committing illegal coal mining are classified: depending on the way of extraction of rock mass from the subsoil - open (surface) and underground (mine) development of coal seams; on the degree of development of coal beds - renewed development of closed or preserved mines and previously not developed fields; for the equipment of illegal coal mining - an easy way (manual development) and complicated way (technical development); Typical investigative situations, which consist at the initial stage of pre-trial investigation of this type of crimes, are distinguished, in particular: 1) the available information indicates signs of committing illegal coal mining; the person (offender) is detained on the scene; 2) available information indicates signs of committing illegal coal mining, the person (offender) is not detained, but there is certain information about him; 3) available information indicates signs of committing illegal coal mining, the person (offender) is not established or detained. Based on these situations, their varieties are presented, the relevant directions of investigation, investigative versions are formulated and algorithms of investigation (search) actions, organizational measures for their solution are proposed; improved: theoretical and practical provisions on the activities of the investigator on the assessment of the original material and the decision to initiate a pre-trial investigation on the grounds of illegal coal mining, in particular: the typical sources of the introduction of information to the ERDD are singled out; the algorithm of action of the operational duty officer during the receipt of an application (notice) about the illegal mining of coal into the next part of the department of the National Police is formulated; recommendations for checking the received primary information on a criminal offense were proposed, in order to ensure the adoption of a well-founded decision to initiate a pre-trial investigation; provisions on the classification of typical traces and the consequences of this type of crime. It is proposed to allocate traces of preparation, commission and concealment of crimes against illegal coal mining (human tracks, guns, production mechanisms and vehicles, coal masses, traces in documents), as well as the consequences of their commission (major (reduction of mineral deposits (coal) by its extraction in violation of regulatory requirements) and additional (death, human diseases, other grave consequences or danger of their offensive); theoretical principles and practical recommendations on the organization and tactics of conducting an investigator I'll go, interrogate people involved in illegal coal mining and searches during the investigation of illegal coal mining). Practical significance: the results obtained can be used in the research area to further improve the methodology for investigating the illegal mining of coal; in the field of law-making through the introduction of draft amendments to the legislation that regulates activities for the commission of illegal coal mining and the activities of law enforcement bodies for pre-trial investigation of this type of crime. Sphere of use: in teaching and methodical work during the course "Criminology", preparation of textbooks and manuals, as well as during training in the system of training of employees of the investigation units of the National Police.

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