Vaskivskyi A. O. Investigation of the theft of cargo of railway rolling stock in Ukraine. – Qualifying scientific work on manuscript rights.
Thesis for a Candidate of Law Degree in Specialty 12.00.09 ‒ Criminal procedure and criminology; forensic examination; operative-search activities. ‒ PJSC “Higher Educational Institution «Interregional Academy of Personnel Management»”, Kyiv, 2023.
The dissertation is devoted to a comprehensive study of the theoretical and praxeological foundations of forensic support for the investigation of the theft of cargo of railway rolling stock in view of the normative provisions of the current criminal procedural legislation. The characterization of the theft of cargo of railway rolling stock іs given and the structure of the criminalistic characterization is developed, in particular, the object of the criminal offense and the methods, crime scene, trace pattern and typology of persons who commit such criminal offenses are outlined. The problematic aspects of identifying and starting a pre-trial investigation of criminal proceedings about the theft of cargo of railway rolling stock аre studied and the circumstances to be established at the initial stage of the investigation of such criminal offenses are identified. Typical investigative situations, versions are systematized, and the main lines of investigation for each of them are outlined. The peculiarities of tactical and forensic support for inspection and search during the investigation of the theft of cargo of railway rolling stock are revealed; the peculiarities of appointing and conducting forensic examinations under such conditions are analyzed.
Forensic recommendations on the effectiveness of conducting an examination in criminal proceedings regarding the stock with the involvement of specialists, a dog handler with a service search dog, and a forensic inspector are developed. Emphasis is placed on the regularity of such an investigative (search) action.
It is established that the main forms of using special knowledge during the investigation of the theft of cargo of railway rolling stock are: the participation of specialists in conducting investigative (search) actions and conducting forensic examinations.
Groups of forensic examinations which are appointed in the investigation of the theft of cargo of railway rolling stock are distinguished. They are: a) for the identification of the offender, the tools of the criminal offense, shoes, the vehicle (or their parts), the study of the method of overcoming obstacles and the movement of the train (dactyloscopic, traceological, examination of traces of layering, soil science, speedometer tapes, forensic, etc.); b) for identification and diagnosis of stolen items (commodity science).
Keywords: theft, cargo, railway, forensic characteristics, investigation, investigative situation, investigative (search) action, inspection, search, examination.
