Chesakova M. Counteraction to crime investigation and ways of its overcoming at the stage of pre-trial investigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005608

Applicant for

Specialization

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

24-12-2019

Specialized Academic Board

К 64.896.01

Hon. Prof. M.S. Bokarius Kharkiv Research Institute of Forensic Examinations

Essay

The object of the study is the social norms governed by the rules of law, which arise in the process of overcoming the counteraction to the crime investigation. Objective: To develop and formulate theoretical foundations and practical recommendations for combating crime investigation at the pre-trial stage. Methods: general scientific and special scientific methods of cognition, namely, dialectical, historical-legal, system-structural, formal-logical, comparative-legal, formal-legal, statistical, sociological, methods of functional analysis, legal modeling and legal forecasting, etc. Theoretical and practical results, scientific novelty: it is proposed to consider the counteraction to the investigation of crimes as a certain type of human behavior, aimed at achieving a certain purpose, which is deliberately criminal and aimed at preventing (creating unfavorable conditions) for the full and comprehensive detection and investigation of crimes; the necessity to define in the Criminal Code of Ukraine counteraction to the investigation of crimes as an aggravating and mitigating fault by supplementing the list of mitigating circumstances and aggravating circumstances; own bases of classification of counteraction to investigation of crimes are given, in particular, depending on parties and participants of criminal proceedings, as direct and intermediate, and its forms divide depending on the direction of the achieved result, which allows to cover all manifestations of counteraction to investigation, which are committed by participants of proceedings; the main directions and goals of combating crime investigation have been formulated and the draft “Concepts of combating crime investigation” has been developed; the necessity of introducing electronic information resources for fundamentally new approaches in the interaction of some participants in criminal proceedings and pre-trial investigation as a whole is substantiated; improved: legal regulation of the activity of the investigating judge aimed at overcoming the counteraction to the investigation of crimes during the performance of his duties provided by law; tactical methods of conducting an inspection of the scene, interrogation, investigative experiment in the conditions of counteraction to the investigation of crimes; regulatory design of Art. 131, 224 CCP of Ukraine and Art. 66, 67, 386 of the Criminal Code of Ukraine, which enables to stimulate more actively the activity of the prosecution and the court in overcoming the counteraction to the investigation of crimes; scientific approaches to the development of ways of overcoming the counteraction to the investigation of crimes through the lens of organizational and tactical measures; ways of combating crime investigation by introducing both material and moral incentives for parties and other participants in criminal proceedings. Practical significance: the theoretical provisions, conclusions and proposals outlined in the dissertation can be used in the research field to further develop the theoretical and legal issues of improving the legal regulation of combating crime investigation; in the field of law-making in the course of introducing amendments to the CPC of Ukraine and the Criminal Code of Ukraine with the aim of improving the current legislation of Ukraine on fixing the counteraction to the investigation of crimes, as well as the implementation of the proposed Concept of combating counter-investigation of crimes; in the field of law enforcement in order to improve the process of pre-trial investigation of criminal offenses, which is carried out in the context of counteraction to the investigation of crimes. Scope of application: in the educational process during the preparation of lectures, study programs, test assignments, as well as in conducting classes in the disciplines "Criminalistics", "Criminal process".

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