Tarkan O. Methodology of investigation of acceptance of an offer, promise or receipt of illegal benefit by an official of a police body

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102506

Applicant for

Specialization

  • 081 - Право. Право

09-10-2021

Specialized Academic Board

ДФ 64.051.027

V.N. Karazin Kharkiv National University

Essay

The dissertation provides a theoretical generalization and a new solution to the scientific problem, which is manifested in the development of a separate forensic methodology for investigating the acceptance of an offer, promise or illegal benefit by a police officer. Scientific approaches to understanding the essence of forensic characterization of crimes and its structural construction are analyzed. Information was obtained on the typical features of certain components of the forensic characteristics of accepting an offer, promise or receiving an illegal benefit by an official of a police body. The situation of a criminal offense is analyzed, which includes information about the time and place of its commission, features of official activity in police bodies, features of behavior of other persons directly during the event of a criminal offense, conditions that contributed to its commission. The structure of the method of accepting an offer, promise or receiving an illegal benefit by an official of a police body is determined, typical methods and operations used in the preparation, direct commission and concealment of this type of criminal offense are given. It is established that typical traces of the investigated type of criminal offense are the subject of illegal gain and traces on it, traces-layers of special chemicals on the body and clothes of the suspect, video surveillance recordings, protocols of crime control and other covert investigative (search) actions and appendices to them in the form of audio or video recordings, documents, display in memory of participants of event and eyewitnesses. Typical data on the official status of police officers who accept illicit benefits, socio-demographic information and moral and psychological characteristics of the person acquiring illicit benefits and his provider are highlighted. The current state of legal regulation of the initiation of pre-trial investigation in terms of improving the recommendations for the initial stage of the investigation of the acceptance of a proposal, promise or illegal benefit by an official of the police in the methodology of investigation. The tasks that arise at the beginning of the pre-trial investigation and the means to solve them are identified. The peculiarities of the evaluation of the results of covert investigative (search) actions carried out at the initial stage of the investigation, the list and sequence of which is determined by the investigative situation, are investigated. It is established that an important circumstance regarding the specifics of the beginning of criminal proceedings on the acceptance of an offer, promise or receipt of an illegal benefit by an official of a police body is the problem of compliance with the law at this stage. Typical general versions in criminal proceedings of accepting a proposal, promise or receiving an improper benefit by a police officer, which relate to the nature of the event as a whole, as well as individual versions of the time, place, manner, subject, subject and consequences of a criminal offense. It is substantiated that typical investigative situations of the initial stage of the investigation should be determined depending on how fully the criminal intent was realized at the time of receiving the information about the criminal offense. Tactical recommendations have been developed for the preparation and conduct of certain investigative (search) actions, taking into account the specifics of the purpose and objects of inspection, search and seizure of documents by implementing the decision on temporary access to things and documents. It is emphasized that the choice of tactics of interrogation depends on the situation (conflict or non-conflict). The specifics of the use of special knowledge in the form of involvement of specialists in the field of technical protection of information and special equipment to conduct certain investigative (search) and covert investigative (search) actions to conduct certain investigative (search) actions are revealed.

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