Popov V. Methodology for investigating a terrorist act

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102401

Applicant for

Specialization

  • 081 - Право. Право

18-09-2021

Specialized Academic Board

ДФ 64.051.026

V.N. Karazin Kharkiv National University

Essay

In the dissertation on the basis of conceptual bases of criminological science, the analysis of norms of the current legislation and modern practice of its application, a number of theoretical problems and practical recommendations concerning pre-judicial investigation of the terrorist act which have value for development of criminological techniques, the theory of criminal procedure and practical activity of law enforcement agencies is formulated and substantiated. The study of the essence of terrorism as a socio-political phenomenon through a historical prism showed that in contrast to the early forms of terrorist activity, aimed primarily at using methods of terror as a tool of political struggle, modern terrorism is a qualitatively new phenomenon, a special form of criminal conflict. violence as a means of intimidation, pressure or threat, creating an atmosphere of terror, an atmosphere of fear and hopelessness, achieving wide publicity and public resonance in order to achieve the relevant political, ideological or selfish goal by terrorist actors. It was found that the most characteristic features of modern terrorist activity should be considered its mostly organized nature, ideological cover of political or selfish motivation, merging terrorist activity with international crime, as well as the use of terrorist structures of globalization processes and integration trends as components of such influences. ideologies of terrorist communities in many countries around the world. The author's definition of terrorism is offered, elements of a terrorist act method are considered, it is found out that concealment of the true purposes of terrorist attempt should be considered as a special way of concealment of the terrorist act, criminal roles and corresponding criminal functions as a part of terrorist formation are defined, the categories of persons - victims of a terrorist act, who are direct and indirect objects of criminal encroachment, are singled out, it is clarified that the situation of committing a terrorist act is characterized as a set of socio-political and socio-economic conditions, phenomena and processes, other factors of objective reality that have developed on the territory of the state in a certain period of time, and a set of circumstances that formed at the time of the terrorist attack in a particular place and time and directly facilitated or prevented terrorists from committing their crimes, intentions, there is an opinion that the circumstances to be clarified during the pre-trial investigation of a terrorist act should be considered as an independent and integral element of a separate forensic methodology, forensic recommendations are proposed for effective inspection of the scene, interrogation and search during the investigation of the analyzed category of crimes, the general provisions of the tactics of covert investigative (investigative) actions in the investigation of a terrorist act are revealed and the expediency of additional regulation of the procedural form of covert investigative (investigative) actions is substantiated, and ensuring the protection of human rights and freedoms, the topical issues of the appointment of forensic examinations as the main procedural form of use of special knowledge during the investigation of a terrorist act.

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