In the dissertation, a comprehensive study of the methodology of the
investigation of treason was carried out, in which a number of scientific provisions,
conclusions and recommendations were formulated at the monographic level regarding
a separate forensic methodology for the investigation of this type of crime, taking into
account the special regime of pre-trial investigation under martial law.
The relevance of scientific research is determined by the fact that today the
number of criminal offenses against the foundations of national security has increased,
among which treason, as the most dangerous encroachment on state security, defense
capability, independence of Ukraine, and its constitutional system, occupies a primary
place. Thus, in 2019, 379 crimes were registered against the foundations of the National
Security of Ukraine, in 2020 – 414, in 2021 – 520, in 2022 – 17,422, in 2023 – 5,562, of
which under Art. 111 of the Criminal Code of Ukraine recorded in 2019 – 123, in 2020
– 145, in 2021 – 208, in 2022 – 1,957, in 2023 – 1,169. At the same time, the number of
criminal proceedings brought to court is about 25% of the total number of those
investigated, which proves the need improvement of the methodology of investigation
of the specified crimes.
It is substantiated that the method of investigating treason is a specific method of
investigating criminal offenses against the foundations of national security of Ukraine,
the structural elements of which are: forensic characteristics, the components of which
are characterized by correlational interdependence, determine the nature and features of
the pre-trial investigation; organization and tactics of the initial and subsequent stages
of the investigation (circumstances to be established; typical investigative situations and
corresponding algorithms of procedural actions in each of them; interaction of the
investigator with operational and other units; conducting investigative (detective) and
secret investigative (detective), as well as use of special knowledge, appointment of
examinations.
It was determined that the forensic characteristics of treason is a system of
interdependent data on forensically significant features of the crime, which allows for
the development of scientifically based recommendations and techniques for the
detection, extraction and use of reflected information in the process of proof, with the
aim of its rapid disclosure and investigation by building and checking investigative
versions during investigative (search), covert investigative (search) actions and other
procedural measures.
Based on the analysis of the practice of investigation and trial of criminal
proceedings under Article 111 of the Criminal Code of Ukraine, it was determined that
when committing treason in the form of espionage, the subject of a criminal offense is
information constituting a state secret. It has been proven that the commission of
treason in the form of providing a foreign state, a foreign organization or their
representatives with assistance in carrying out subversive activities against Ukraine, the
subject of criminal encroachment is information with limited access, the damage of
which in publicizing poses a threat to sovereignty, territorial integrity and inviolability,
defense capability, state , economic or information security.
It is stated that the situation of committing treason is characterized by both a set
of socio-political and socio-economic conditions of objective reality that developed on
the territory of the state in a certain time period, and a set of circumstances that formed
at the time of committing treason in a certain form in at a specific place and at a specific
time and directly assisted or hindered the guilty persons in the realization of their
criminal intentions. It has been established that both objective (external) factors and
subjective factors can influence the situation of committing treason.
Based on the study of investigative and judicial practice, it is substantiated that
the methods of committing the crimes provided for in Article 111 of the Criminal Code
of Ukraine are an independent and mandatory component of the criminalistic
characteristics of the investigated crime and depend on the specific situation and form
of committing treason. The elements of the method of committing treason are
considered: methods of preparation, commission and concealment of the crime.
It was determined that the trace pattern of treason is considered as a system of
material and ideal traces, which are naturally dependent on other elements of the studied
characteristics, which makes it possible to build versions about the methods of
committing and concealing treason, as well as the persons who committed such a crime.
