The dissertation research is devoted to the development of сriminalistic characteristics and investigation basics of falsification and turnover of falsified medicines and the provision of recommendations for the implementation of their provisions in the pre-trial investigation bodies activities.
Based on the results of the generalization of materials of investigative and judicial practice, a criminalistic characteristics of falsification and turnover of falsified medicines in the form of descriptive and statistical information model was developed and proposed, its elemental composition was determined and its structural elements were analyzed. It is substantiated that in theoretical terms the criminalistic characteristics of such a criminal offense is the basis for building an appropriate criminalistic methodic of investigation, and in practical terms is considered as a kind of guideline that can be successfully used by investigators in specific criminal proceedings, which allows to choose the most effective investigation.
It is proposed to consider the criminalistic characteristics of falsification and turnover of falsified medicines as a descriptive and statistical information model that reflects criminalistic significant information on the methods of committing this criminal offense and typical traces («trace picture»), subject of criminal encroachment, the identity of the offender, motives and goals of his actions, crime situation (place, time, conditions), the identity of the victim, the analysis of which helps to establish correlations (dependencies) between them and serves as a basis for building and verifying investigative versions. The form and content of the criminalistic characteristics of falsification and turnover of falsified medicines is determined by the classification level of the relevant separate criminalistic methodic of investigation, the information base of which it is a component.
The practical significance and effectiveness of the use of such criminalistic characteristics as descriptive and statistical information model is primarily due to the need to study the elements of criminalistic characteristics and establish the existence of correlations between them, due to which the presence of some elements of such characteristics allows to predict the existence of others not known at the moment of the investigation, which contributes to the nomination of investigative versions.
Analysis of criminalistic sources and the results of a survey of law enforcement practitioners allowed to determine the elements of criminalistic characteristics of falsification and turnover of falsified medicines: 1) methods of criminal offense committing; 2) the identity of the offender; 3) the subject of criminal encroachment; 4) typical traces as a consequence of the criminal intent realization («trace picture»); 5) crime situation (place, time, conditions); 6) the identity of the victim.
It is substantiated that the central place in the criminalistic characteristics of falsification and turnover of falsified medicines is occupied by the methods of their committing, to which the correlations with other elements are defined, that is the basis for the investigative versions formation that guide the investigation process. It is proposed to consider the method of falsification and turnover of falsified medicines as a system of the offender actions to prepare, directly commit and conceal this criminal offense, which is determined by the subject of encroachment, the identity of the offender and the crime situation and is reflected in the traces, which are a source of information for the detection and investigation of this type of criminal offense. The analysis of methods of falsification and turnover of falsified medicines is carried out, the author's variant of their classification is offered, correlations with other elements for nomination of investigative versions are established.
