Scientific work is devoted to the formation of methods of investigating a criminal offense, the responsibility for which is provided by Art. 367 of the Criminal code of Ukraine "Official negligence". The urgency of this topic is due to the difficulties in the practical activities of law enforcement agencies to detect and investigate negligence and the lack of appropriate scientifically sound separate forensic methodology.
The author made a critical analysis of scientific works on qualification and investigation of criminal offenses in the field of official activities and activities related to the provision of public services, studied regulations governing legal relations related to pre-trial investigation of official negligence, summarized the relevant investigative and case law. On these grounds, a methodology for investigating this type of criminal offense has been developed.
The dissertation developed a forensic classification of official negligence depending on the field of activity where the criminal offense was committed, the place in the mechanism of criminal activity and the nature of the consequences. By analyzing scientific works on the theoretical foundations of forensic characterization of crimes, study and generalization of materials of investigative and judicial practice in criminal proceedings on negligence, the internal structure of forensic characterization of this type of criminal offense is determined, which includes typical information , time and circumstances of official negligence.
It is substantiated that general and special information about the identity of the offender is important in the forensic characterization of official negligence.
Analyzing the typical situation of official negligence, the author found that the place of its commission in most cases is the place of work of the official.
The circumstances to be established during the investigation of official negligence have been regulated, namely the circumstances related to the composition of a criminal offense, criminal procedural activities in criminal proceedings and circumstances that are not part of the subject of evidence, but have forensic significance.
In order to form recommendations for the seizure, review and study of documents at the stage of pre-trial investigation of official negligence developed forensic classification of such documents depending on the content and importance for criminal proceedings information contained in them, the executor of the document, location and form. Recommendations are provided for the recovery or seizure of documents in the order of execution of the decision on temporary access in a conflict-free and conflict situation, as well as for the review of documents as a separate investigative action.
Based on the study of materials of investigative and judicial practice, an approximate range of persons subject to interrogation as witnesses in criminal proceedings for negligence. The list of the most effective tactics of interrogation in conflict situations is formed, which includes appeal to the positive personal qualities of the suspect, conviction of the interrogee in the falsity of his arguments, explanation of the content of violations and their consequences, presentation of evidence, logical and logical analysis. the circumstances referred to by the interrogated, as well as the involvement of a specialist in the interrogation.
According to the results of the analysis of the materials of criminal proceedings, it is determined that as specialists in conducting certain investigative (search) and other procedural actions in criminal proceedings on official negligence most often involve persons who are aware of the specifics of the field of activity in which negligence was committed. forensic scientists and specialists in the field of accounting, finance, business economics and commodity science.
