Sedakova V. Investigation of illegal possession of a vehicle

The dissertation contains a systematization and retrospective analysis of scientific developments of scientists concerning criminal law, procedural, forensic, criminological and operational-search principles of countering illegal seizure of vehicles, prevention and investigation of this type of crime. In a significant number of available developments, the problems associated with practical activities and the investigation of illegal seizure of transport that have arisen in the context of the application of the new criminal procedural legislation, organizational and structural transformations in the system of law enforcement agencies of Ukraine are not taken into account. The main conceptual provisions on the qualification of illegal seizure of a vehicle have been clarified. It was established that in the 1960 Criminal Code of the Ukrainian SSR there were no articles for the theft of a motor vehicle, and after the introduction of amendments to this Code in 1968, the crime was qualified as theft or as car theft. This deficiency was eliminated only thanks to the introduction of the 2001 current Criminal Code of Ukraine and the regulation of Article 289 “Illegal possession of a vehicle” in it. It has been established that the forensic characteristic as a scientific category is the theoretical basis on which a methodology for investigating crimes is developed. The content of the forensic characteristics is a complex of information about criminal activity, which has cognitive (building a descriptive model of criminal activity) and analytical (establishing correlations between elements that have a natural character) values. Taking into account both components, it is possible to form a forensic methodology as a product of scientific analysis, on the one hand, and practical tools in the form of specific programs (algorithms) of investigation, on the other.