Haіdar O. Use of special knowledge during the investigation of secret theft of someone else's property

The dissertation, based on the results of scientific research and the provisions of current legislation, substantiates a number of theoretical questions and provides solutions to practical problems that arise during the use of special knowledge in the process of investigating the secret theft of someone else's property. Theoretical provisions and practical recommendations were formulated, which can be used during the construction of forensic methods of investigating thefts, and were also aimed at improving the practical activities of inquirers and investigators regarding various aspects of the use of special knowledge during the investigation of criminal offenses of this type. The concept of secret theft of someone else's property was analyzed taking into account the definitions formulated in the theory of criminal legal doctrine and modern forensic doctrine, the author's own definition of this scientific category was formulated. Classification of theft developed by scientists according to various criteria was analyzed. It was proposed to classify thefts according to such criteria as the form of ownership, the subject of the criminal offense, the method and place of committing the thefts. The concept of such a scientific category as "special knowledge" was formulated. The position of leading scientists regarding the identification of forms in which special knowledge is used has been determined and analyzed. It was established that such forms of using special knowledge are used during the investigation of thefts as: involvement of a specialist in conducting investigative (search) actions; involvement of an expert in conducting forensic examinations; reference and consultation form for the use of special knowledge; carrying out inspections (audits). It was found that the legal principles of the use of special knowledge during the investigation of thefts were embodied in the provisions of the current legislation of Ukraine, and the organizational principles were implemented by the interaction of the parties to the criminal process and knowledgeable persons. Emphasis was placed on the principles that distinguish the powers of a specialist and an expert during the investigation of criminal offenses. The requirements put forward to the conclusion of an expert in criminal proceedings were characterized. Problematic aspects of the appointment of forensic examinations were revealed. Separately, the organizational principles of the use of special knowledge during the forensic commodity examination were given. It was established that the procedure for involving a specialist in criminal proceedings has not clearly defined by the current legislation. It was emphasized that the relevant units of the National Police of Ukraine, which consist of specialists with skills in the use of technical means, may be involved in conducting covert investigative (search) actions. The peculiarities of the involvement of forensic inspectors during the inspection of the scene of the incident as part of criminal proceedings based on the fact of theft have been revealed. The tools belonging to the forensic technique used by specialists, with the participation of the latter in investigative (search) actions, were defined. Emphasis was placed on the importance of specialist competence when identifying and extracting traces of human papillary patterns. The methods and special chemical substances that are most often used for the detection of handprints in the investigation of criminal offenses were defined. The tasks that can be achieved in the case of a preliminary investigation by a forensic inspector during the inspection of the scene of the incident were defined. Questions have been formulated, the solution of which can be helped by a specialist involved in the interrogation. The type and specifics of the assistance provided by specialists involved in searches have been clarified, and it has also been established what assistance specialists can provide during the search when working with paper and electronic documents in the event of their inspection. The significance of the involvement of specialists in the examination of items in criminal proceedings based on the fact of theft has been established. It was established that special technical means of fixation are used when conducting an investigative experiment, and for their effective use it is necessary to involve a specialist who implements such activities. The difficulties that arise when involving specialists in the conduct of secret investigative (search) actions were disclosed. The reasons for the involvement of psychologists, teachers, and translators during the investigation of the secret theft of someone else's property have been determined.