Kozak I. A. Evidence in criminal proceedings about obtaining an undue advantage by an official. – Qualifying scientific work on manuscript rights.
The dissertation for the scientific degree of candidate of legal sciences in specialty 12.00.09 – criminal procedure and criminalistics; forensic examination; operative and search activity. − PJSC «Higher education institution «Interregional Academy of Personnel Management». – Kyiv, 2024.
In the dissertation, based on a critical study of the provisions of the theory of the criminal process, analysis of the current legislation and law enforcement practice, conclusions of a conceptual nature are formulated, which make it possible to solve a number of problems of an applied nature related to the implementation by pre-trial investigation bodies of their procedural powers during evidence in criminal proceedings about obtaining an undue advantage by an official. The current state of the study of the problem is clarified, scientific approaches to the definition of the concept and essence of evidence in criminal proceedings are systematized. Circumstances subject to proof are singled out, as well as the procedural procedure for starting a pre-trial investigation in criminal proceedings about obtaining an undue advantage by an official is specified. Ways of interaction of investigative and operative units are proposed. Problematic issues of proof in criminal proceedings about obtaining an undue advantage by an official through investigative (search) actions are identified, as well as the specifics of the prosecutor's implementation of the prosecution function are considered.
Approaches to addressing the issues of optimizing the interaction of investigators with operational employees on the order about implementation of investigative actions and other procedural actions to the operational units with further informing the investigator about the results obtained, as well as the feasibility of creating an electronic data bank on the basis of the National Anti-Corruption Bureau of Ukraine for the purpose of collecting, storage, protection, accounting, search and generalization of information of operative units and pre-trial investigation bodies regarding corruption acts, in particular obtaining an undue advantage by an official who occupy a responsible position and particularly responsible position.
The mechanism of the prosecutor's criminal procedural activity in criminal proceedings about obtaining an undue advantage by an official by implementing the procedural, representative and analytical-methodical functions of the prosecution is proposed.
Key words: undue advantage, official, proof, evidence, criminal proceedings, pre-trial investigation, investigator, prosecutor, interaction, investigative (search) action.
