Kozachenko S. Proof in Criminal Proceedings Related to Illegal Trafficking in Firearms or Ammunition

This dissertation investigates both theoretical and applied issues of proof in criminal proceedings on crimes related to illegal trafficking in firearms or ammunition. It has been proved that the basis of proof in criminal proceedings related to illegal trafficking in firearms or ammunition is based on the fundamental provisions of the theory of evidences: the concept of proof, its subject matter and limits, components of proof as a procedure, the concept of evidence and its properties, standards of criminal procedural proof, and others. It has been clarified the integrated components which define the concept of "crimes in the field of illegal trafficking in firearms or ammunition". It has been noted that the pre-trial investigation of crimes related to illicit trafficking in firearms or ammunition is initiated exclusively on the grounds and in accordance with the procedure established by criminal procedural law. The grounds for initiating a pre-trial investigation of crimes related to illicit trafficking in firearms or ammunition have been clarified. A group of circumstances to be proved in criminal proceedings on crimes related to illicit trafficking in firearms or ammunition has been established. The meaning of investigative (detective) and covert investigative (detective) actions has been specified. It has been emphasized that the peculiarities of the forensic characteristics of illegal trafficking in firearms or ammunition make it possible to identify a system of typical investigative actions where proper planning at the initial and subsequent stages of the investigation, taking into account the tactics of their conduct, contributes to obtaining appropriate, admissible and reliable proof. It has been proposed that the measures to ensure criminal proceedings should be classified as measures which provide conditions for the efficient collection and examination of the evidence, and in certain cases serve as means of proof.