Y.P. Poliak The use of technical means in conducting investigative (search), covert investigative (search) actions and the use of its results during the pre-trial investigation. – Qualification thesis in the form of a manuscript.
Dissertation for the Doctor of Philosophy Degree (081 – Law) – Lviv State University of Internal Affairs, Lviv, 2022.
The dissertation analyzes the theoretical and practical aspects of using the hardware during the investigative (search) and covert investigative (search) activities at the stage of pre-trial investigation and the use of the findings in the pre-trial investigation. This paper is characterized by scientific novelty due to the fact that it for the first time: 1) on the basis of the Criminal Procedure Code of Ukraine 2012, it is proposed to define the concept of the pre-trial investigation hardware as devices, apparatus, equipment, appliances, tools, materials, software, as well as methods and techniques of their overt or covert application to detect and record the information relevant for establishing the circumstances of a criminal offense, seizure of the media containing such information and their research in order to ensure the addressing of the tasks of criminal proceedings; 2) the user of hardware during investigative (search) and covert investigative (search) actions are classified categorized as follows: an investigator, an inquirer, a prosecutor, an operational unit officer authorized to conduct the aforesaid actions, a suspect, an advocate, a victim, a representative of the victim, a specialist, an expert, and an employee of a banking institution in charge of AML; 3) the hardware of retrieving the computer files are classified and the peculiarities of their use are determined, as required by the second indent of Part 2 of Article 237 of the Criminal Procedure Code of Ukraine.
Recommendations developed in this thesis are used in the educational and practical activities of the National Police of Ukraine, as evidenced by the relevant certificates of implementation.
Section 1 "Theoretical foundations of using the hardware during investigative (search) and covert investigative (search) activities and the use of the findings in the pre-trial investigation" analyzes the status of scientific development of the hardware use during the pre-trial investigation, gives a description of the information collected using such hardware, defines the concept of hardware and classifies the hardware used during investigative (search) and covert investigative (search) activities.
Section 2 "Use of hardware during investigative (search) and covert investigative (search) activities" describes the peculiarities of using the hardware during individual investigative (search) and covert investigative (search) actions.
Section 3 "Features of using the information recorded by hardware on the course and results of investigative (search) and covert investigative (search) activities during the pre-trial investigation" clarifies the significance of the information recorded by hardware on the course and results of investigative (search) and covert investigative (search) activities, as well as justifies the use of such information during the pre-trial investigation.
As areas of use of the findings collected by hardware in pre-trial investigation are defined: 1) collection of new evidence and verification of existing evidence; 2) substantiation of procedural decisions; 3) proposing and verification of versions; 4) simulation of the occurrence of a criminal offense and identification of the offender; 5) organizational and tactical decision-making; 6) accumulation and use in automated systems of law enforcement agencies.
