Chyzh A. Methodology of the investigation of intentional destruction or damage to the property of a law enforcement agency employee

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U101419

Applicant for

Specialization

  • 081 - Право

24-01-2024

Specialized Academic Board

ID 3274

Kharkiv National University of Internal Affairs

Essay

The dissertation research substantiates that the development of the investigation methodology of intentional destruction or damage to the property of a law enforcement officer is relevant and timely. It was determined that the forensic method of investigation of intentional destruction or damage to the property of a law enforcement agency employee is simple in nature, as it aims to investigate one specific type of crime. Emphasis is placed on the significant theoretical and practical value of forensic characterization. The elements of the structure of the forensic methodology of the investigation of intentional destruction or damage to the property of a law enforcement officer have been clarified. It was determined that they are: 1) forensic characteristics of intentional destruction or damage to the property of a law enforcement officer; 2) peculiarities of the initiation of criminal proceedings; 3) circumstances to be ascertained during the investigation of intentional destruction or damage to the property of a law enforcement officer; 4) the initial stage of the investigation, the algorithm of priority investigative and covert investigative (search) actions; 5) the next stage of the investigation; tactics of further actions and other measures; 6) tactics of conducting individual investigative (search) actions; 7) peculiarities of conducting forensic examinations during the investigation. The theoretical prerequisites for the formation of the forensic characteristics of intentional destruction or damage to the property of a law enforcement officer have been analyzed. It was determined that the forensic characteristic is the first basic element of the forensic methodology of the investigation of intentional destruction or damage to the property of a law enforcement officer. It is substantiated that the structure of forensic characteristics, as a system of knowledge, is determined by the structure of the mechanism of committing crimes as an object of knowledge. The content of the forensic characteristics of criminal offenses is the elements of the mechanism of their commission, therefore, in order to determine the former, it is advisable to find out the latter. It was determined that the mandatory elements of the mechanism of intentional destruction or damage to the property of a law enforcement officer are: the subject of the crime, the object of the offense, the victim of the crime, the circumstances of the crime, the method of committing the crime, traces of the crime. Taking into account the isolated elements of the mechanism of intentional destruction or damage to the property of a law enforcement officer, it was determined that the elements of the forensic characteristics of these crimes include: the setting (time and place), the method of preparation, direct commission and concealment of the crime, traces and tools of their commission, the object of destruction or damage, the identity of the perpetrator, the identity of the victim. Each of the identified elements is characterized. It is substantiated that the methods of intentional destruction of the property of law enforcement officers are completely structural, and for the intentional damage of the property of law enforcement officers, only the stage of direct implementation of the criminal intent, i.e., the method of commission, is characteristic. It was determined that the victims of intentional destruction or damage to the property of law enforcement officers are men, which is explained by their actual predominance in the ranks of law enforcement agencies. The average age of the victims is 25-45 years, while the crime is mostly committed against only one victim. As for the position held, the most often victims are employees of the police, the State Border Service, the State Forest Guard of Ukraine, employees of the State Fisheries Agency, as well as employees of the Security Service of Ukraine, prosecutor's offices, etc. It is emphasized that the victims of intentional destruction or damage to the property of law enforcement officers are close relatives of the latter, which include: parents, spouse (husband), children, brothers and sisters, grandfather, grandmother, grandchildren. The identity of the criminal and the identity of the victim of intentional destruction or damage to the property of a law enforcement officer have been characterized. It was determined that the investigation of intentional destruction or damage to the property of a law enforcement officer takes place in two stages: initial and subsequent. In general, the initial stage of the investigation of the intentional destruction or damage to the property of a law enforcement officer should be understood as the first stage of the investigation, during which the signs of this illegal act are identified, distinguished from other similar crimes, and the solution of tactical tasks related to the collection of initial information about the committed criminal offense.

Research papers

Чиж А. П. Криміналістична характеристика умисного знищення чи пошкодження майна працівника правоохоронного органу: сутність і зміст. Вісник Харківського національного університету внутрішніх справ. 2021. № 3 (94). С. 273-283.

Chyzh A.P. Use of Special Knowledge during Investigation of Intentional Destruction or Damage of Property of a Law Enforcement Officer. Scientific Journal of the National Academy of Internal Affairs. 2021. № 3 (120). Pp. 56-65.

Чиж А. П. Тактика проведення процесуальних дій під час розслідування пошкодження майна працівника правоохоронного органу. Право і безпека. 2023. № 2 (89). С. 43-53.

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