The dissertation carries out a comprehensive study of the theoretical foundations and practical problems of conducting tactical operations to neutralize counteraction to the investigation of criminal activity. The state of scientific research into the problems of tactical operations to neutralize counteraction to the investigation of criminal activity is considered. The essence of criminal activity and forms of counteraction to the investigation of criminal offenses are clarified. The tactical operation is characterized as a complex forensic means of performing the task of neutralizing counteraction to criminal activity. The concept and content of counteraction to the detection, disclosure and investigation of criminal offenses are disclosed. Forensic recommendations for the implementation of a tactical operation to neutralize a false alibi of a suspect are improved. Forensic recommendations for the implementation of a tactical operation to neutralize the unlawful influence of a suspect in criminal activity on the victim and witnesses are developed. The content of a tactical operation to neutralize counteraction to the investigation by corrupt officials of government, management and law enforcement agencies is disclosed. Forensic recommendations have been developed for the implementation of a tactical operation to neutralize media countermeasures to the investigation. Forensic recommendations have been improved for the implementation of a tactical operation to neutralize false testimony (slander and self-slander).
It is substantiated that social unrest, the spread of organized crime and corruption in the post-Soviet space in the 80s and early 90s of the 20th century significantly intensified scientific research into the problems of countermeasures to the investigation of criminal activity. In the late 90s of the last century, the development of targeted tactical operations began, which would solve individual tactical tasks during the countermeasures to the investigation of crimes. In the second decade of the current century, a clear tendency towards the development of a separate forensic theory – the “theory of tactical operations” – was formed in domestic forensics.
In the course of the chronological analysis of the state of scientific research on the problems of tactical operations to neutralize counteraction to the investigation of criminal activity, it was proven that in modern criminology a separate theory of tactical operations has been formed and is being actively developed. Scientists in their publications generally agree on a stable concept of a tactical operation as a complex of investigative, operational-search, organizational and other procedural actions carried out according to a single plan by several authorized officials and other persons in order to solve a tactical problem (establish circumstances that are important for the investigation), in strict compliance with the requirements of criminal procedural legislation.
An algorithm for implementing the tactical operation "Checking the suspect's alibi" has been developed as a set of coordinated investigative actions, operational-search, search and organizational measures.
The conditions for successful neutralization (overcoming) of counteraction to the investigation by corrupt officials have been proposed: proper speed of pre-trial investigation; investigators' knowledge and ability to recognize types and forms of resistance to the investigation; investigators' knowledge and ability to use tactical measures to neutralize (overcome) overt and latent resistance to the investigation; maintaining investigative secrecy as long as possible, etc.
The components of a tactical operation to neutralize resistance to the investigation by corrupt officials of government, management, and law enforcement agencies have been identified, which include measures of a criminal procedural, criminal legal, administrative legal, disciplinary, operational and investigative, tactical and forensic nature, as well as measures to ensure the safety of persons participating in the pre-trial investigation.
The components of tactical operations to neutralize resistance to the investigation by the media have been identified, based on differentiated investigative situations.
The concept of a tactical operation has been improved, which is a system (complex) of investigative, operational-search and other (usually organizational) measures carried out according to a single plan under the leadership of an investigator and aimed at solving individual intermediate tasks subordinated to the general goals of a successful pre-trial investigation of a criminal offense.