Horin M. S. Investigation of illegal transportation of persons across the state border of Ukraine. – Qualifying scientific work on the rights of the manuscript.
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.
In the dissertation, a comprehensive study of the theoretical and praxeological foundations of forensic support for the investigation of the illegal transfer of persons across the state border of Ukraine is carried out, taking into account the special regime of pre-trial investigation in the conditions of martial law. The concept is defined, the meaning is established, and the structural elements of the criminalistic characteristics of the illegal transportation of persons across the state border of Ukraine are identified, in particular, the method of preparation, commission, and concealment of a criminal offense; the setting of the crime; trace picture; characteristics of the criminal. The problematic aspects of identifying and starting a pre-trial investigation of criminal proceedings on the illegal transportation of persons across the state border of Ukraine, which are to be established at the initial stage of the investigation of such criminal offenses, are studied. Typical investigative situations, versions, and the main lines of investigation for each of them are outlined. Conceptual vision of improving the quality of the investigator’s interaction with other subjects during the pre-trial investigation is formulated. The peculiarities of tactical and forensic support for conducting investigative (search) actions under such conditions are revealed. The result of the study is the formation of forensic recommendations aimed at improving the effectiveness of the investigation.
Scientific approaches to solving the problems of optimizing the interaction of pretrial investigation bodies with employees of the State Border Service of Ukraine and the Migration Service, who have official duties and powers to detect criminal intent based on the creation of a single information base between law enforcement agencies of Ukraine and border countries, as well as the use of forensic prevention measures regarding the participation of their employees in the direct commission and concealment of a criminal offense are formulated.
In the aspect of the subject of the study, the specifics of appointing examinations aimed at the identification of persons involved in criminal offenses, providing recommendations on conducting procedural actions and compiling a perspective-prognostic assessment in a special mode of pre-trial investigation (handwriting, linguistic, portrait, dactyloscopic, etc.) are highlighted.
Key words: state border, illegal transit, martial law, investigation, forensic characteristics, detection, investigative situation, interaction, investigative (search) action.