The dissertation is devoted to the development of the foundations of investigation methods of criminal offenses related to violation of safety rules at the coal industry enterprises.
The state of scientific development of the problems of investigation of criminal offenses related to violation of safety rules at the coal industry enterprises is highlighted. The scientific literature, which deals with the investigation of named criminal offenses, is divided into four groups on a chronological basis. It is proved that the methods of investigation of criminal offenses, related to violation of safety rules at the coal industry enterprises, should be based on industry criteria, ie the field of production, which gives grounds to define it as a separate intraspecific forensic methodics.
The basic principles of construction and elemental composition of the forensic characteristics of such criminal offenses are studied. The elements of the forensic characteristics include conditions, typical methods and traces of the criminal offense, the data on victim and the data on the offender. Conditions is a system-forming element of the forensic characteristics of the studied criminal offenses and is characterized by the form of ownership, type and location of the coal industry enterprise, place and time of the offense. It is established that the method of violating of safety rules when performing high-risk work at a coal industry enterprise, as a rule, is one-element (only committing). The traces picture of such criminal offenses is characterized by a set of material and ideal reflections that have arisen as a result of commission of such crimes. The typical features of persons suffering from criminal violations of safety rules in the coal industry and persons who commit such violations are summarized. In most of the studied cases there was one victim, who was an adult employee of a coal industry enterprise, where violation of safety rules occurred. Most offenders are adult men that were not previously convicted. Significant features of a violator of safety rules are the position held by such a person at the coal industry enterprise, his education and level of qualification.
The circumstances to be clarified have been identified, and the sources of information on the signs of the offense have been typed. Typical investigative situations of the initial stage of the investigation are the following: 1) as a result of violation of safety rules serious consequences or damage to the health of the victim were caused, the identity of the violator was established; 2) as a result of violation of safety rules the death of people is caused, the identity of the violator is established; 3) as a result of violation of safety rules the death of people or other grave consequences is caused, the identity of the violator is not established; 4) there is a threat of death or other serious consequences, no emergency has occurred. Typical investigative versions for such situations are formulated, approximate algorithms for resolving of such situations are offered. It is indicated that the interaction of the investigator (interrogator) with the bodies of the State Labor Service of Ukraine, the State Paramilitary Rescue Service in the coal industry of Ukraine, the administration of the enterprise where the accident occurred, with employees of operational units and with specialists and experts effective.
Attention is paid to the organization of the inspection of the scene, corpse, things and documents. The peculiarities of interrogation of the victim, witnesses and suspect are highlighted, model subjects of interrogation of the named persons are formulated. Typical situations of interrogation of a suspect are his full admission of guilt, partial admission of guilt, denial of guilt and refusal to testify. During the investigation of criminal offenses related to violation of safety rules at the coal industry enterprises, forensic medical, forensic mining examinations and examination of the causes and consequences of violations of safety and health requirements are often appointed. It is stated that the provisions of the CPC of Ukraine on obtaining and using the opinion of a specialist are imperfect and are not applied in practice.
