The first chapter of the thesis, «Theoretical, Legal and Organizational Basis for the Investigation of a Threat or Violence against a Defense Counsel or a Representative of a Person», consists of two subchapters.
The subchapter 1.1,«The State of Scientific Research of Methodology of Investigation of a Threat or Violence against a Defense Counsel or a Representative of a Person», examines the history of liability for threat or violence against a defense counsel or a person's representative. A study was conducted on the development of criminal and legal provisions which evoke criminal liability for the threat or violence against a defense counsel or representative of a person in the period of birth of Ukrainian statehood, pre-Soviet, Soviet period, and modern Ukraine.
The main legislative acts of different periods of formation of the Ukrainian state have been analyzed.
It has been found that the Bar in Ukraine as an independent legal institution was established in the early sixties of the XIX century after the judicial reform.
The subchapter 1.2, «Forensic Characteristic sofa Threat or Violence against a Defense Counselor a Representative of a Person», analyzes in detail the views of scholar son the definition of «for en saccharin touristic», the classification of the classification of forensic characteristics and its defined function have been indicated.
The set of elements of forensic characteristics of a threat or violence against a defense counsel or a representative of a person has been substantiated, namely: 1) the method of committing a criminal offense;2) the subject of criminal encroachment;3) place, situation and time of committing a criminal offense; 4) tools and means of committing a criminal offense; 5) the identity of the criminal;6) the identity of the victim;7) investigative vision.
It is determined that the most important task in the investigation of this type of criminal offense is to identify the person who committed it. A range of investigative (search) actions, organizational activities of collecting, evaluating and using information about people who have committed a criminal offense, or those who were at the scene due to coincidence are being piloted to this end.
The traditional forensic traces that testify to the committing of this type of criminal offense and how they can be detected during the inspection of the scene are described.
The second chapter, «Detection of Criminal Offenses related to a Threat or Violence against a Defense Counsel or a Representative of a Person», consists of two subchapters.
The subchapter 2.1,«Typical Investigative Situations and Investigative Versions that Arise during the Investigation of a Threat or Violence against a Defense Counsel or a Representative of a Person», supports the position that the development of a system of methodological guidelines is traditionally carried out on a specific investigative situation or group.
Typicalgeneralversionshavebeenidentifiedduringtheinvestigationof a threat or violence against a defense counselor a person's representative.
The subchapter 2.2 «Interaction of the Investigator with other Bodies during the Investigation of Threats or Violence against a Defense Counsel or a Representative of a Person», states that the peculiarity of interaction during the investigation of the threat or violence against the defense counsel or the representative of the person is determined by the need to create and ensure effective functioning of investigative team, to ensure cooperation and constant exchange of information in the process of pre-trial investigation.
The third chapter, «Organization and Tactics of Conducting Individual Investigative (Search) Actions during the Investigation of a Threat or Violence against a Defense Counsel or a Representative of a Person», consists of two subchapters.
The subchapter 3.1,«Peculiarities of Conducting Certain Investigative (Search) Actions during the Investigation of a Threat or Violence against a Defense Counsel or a Representative of a Person», names and analyzes in detail the tactical features of the main investigative (search) actions carried out during a threat or violence against a defense counsel or a person's representative.
The subchapter 3.2,«Use of Special Knowledge during the Investigation of a Threat or Violence against a Defense Counsel or a Representative of a Person», states that investigators may use any special knowledge in the investigation of a threat or violence against a defense counsel or a representative of a person.
The possibilities of the following examinations are described: 1) forensic (living person, defense counsel or a representative of a person against whom physical violence was committed);2) portrait; 3) phonoscopic;4) forensic psychological.
