Borusovskyi M. Fundamentals of investigation technique of abuse of power or official position judges during justice execution

The thesis is devoted to a study of the forensic characteristics and features of the investigation of the abuse of power or the official position of a judge in the administration of justice. On the basis of the provisions of the general theory of forensic science, the results of the generalization and analysis of the judicial-investigative practice, the bases of the methodology for investigating this type of criminal offence have been developed. It has been established that the structure of the methodology for investigating the abuse of power or official position by a judge in the administration of justice includes a criminal characterization of this type of crime and the basis for the organization of its investigation, Regulations on tactics for conducting individual investigative (search) actions and the use of special knowledge. The scope of the study consists in defining the concept and content of the elements of the forensic characterization of this type of criminal offence of the range of circumstances to be established, defining typical investigative situations, Defining the tactics of conducting individual investigations (searches) and the use of special knowledge in investigations. There are also a number of provisions, conclusions and recommendations that are scientifically new. A study has been carried out of literary sources in the field of criminal law, criminal procedure, forensic science and investigative activities concerning the abuse of power or official position by a judge in the administration of justice, their detection and investigation. The analysis of monographic, dissertation and other scientific papers on the issues identified confirmed that the basis of the methodology for investigating the abuse of power or office by a judge in the administration of justice has still not been developed. The methodological basis of the dissertation study based on general scientific, interdisciplinary and specialized scientific methods is proposed. It has been determined that the criminalistic characterization of the abuse of power or office by a judge in the administration of justice should be based on the criminal law characteristic and the practice of investigating crimes in this category. Its importance in the pre-trial investigation has been emphasized, which is the source of information for determining the circumstances to be established, the algorithm of the investigation. The concept and criminalistic characterization of the abuse of power or the official position of a judge in the administration of justice have been studied. Its structure consists of the following elements: the identity of the offender; the identity of the victim; the method of commission; the subject of the criminal offence; the context, time and place of commission; the motive and purpose of the criminal offence; and the mechanism of traces. The existence of links between the elements of the forensic characterization of crimes makes it possible to use a systemic approach in the study of the problem