The dissertation is a monographic study of the main problematic issues related to the formation of the methodology of investigation of illegal possession of vehicles in modern conditions.
Based on the analysis of current legislation, investigative judicial practice and scientific research, it is concluded that the starting points for the formulation of methodological recommendations for the investigation of illegal possession of vehicles are the criminal law and forensic characteristics of crimes of this type, which includes the following provisions: the subject of the offense is only
mechanical a vehicle powered by an internal combustion engine or an electric motor with a capacity of more than 3 kW; the subject of the crime is a person who does not have the right to use a specific vehicle that he takes possession of; the victim is usually in a natural relationship with the person of the criminal and the way he chose to take possession of the vehicle; the place, time and environment are considered as parts of the objective side of the crime and are logically connected with other elements of the mechanism of its commission; methods of illegal possession of vehicles are active actions of the perpetrator, aimed at obtaining the opportunity to illegally drive the vehicle; traces of the crime are determined by the nature of taking possession of the vehicle (secret, with the use of physical violence or the threat of it, use of deception or breach of trust).
It is noted that the nature and volume of primary information about the illegal possession of a vehicle, as well as the results of the actions of the patrol police response group, form the nature of the investigative situation of the initial stage of the investigation. The results of urgent investigative actions (examination of the scene of the incident; interrogation of the victim; demand and receipt of
things and documents from the victim; interrogation of eyewitnesses; deposition of technical devices and technical means) lay the foundation for successfully solving the tasks of the pretrial investigation. Four typical investigative situations, the corresponding tactical tasks of the investigation and the means of solving them are defined.
Typical investigative situations of the next stage of the investigation, which are caused by informing the person about the suspicion and responding to it, are analyzed (the suspect fully admits his guilt in the incriminated illegal possession of a vehicle; partially admits his guilt; does not admit his guilt). It is emphasized that the main tactical background of the investigation at this stage is the use of evidence
based on the suspicion, as well as investigative actions to verify the suspect's testimony, for example, an alibi statement.
It is noted that the peculiarities of conducting investigative (search) actions are determined, first of all, by the nature of the traces of this type of crime, which they are aimed at detecting. Taking this into account, in particular, the specifics of the inspection of the vehicle or its parts (assemblies, aggregates) are defined, depending on the location and circumstances of their discovery. The significance
of the interrogation of the victim is emphasized, in particular the testimony regarding: signs of the stolen vehicle; place and time of its storage; was insured; which of the persons known to the victim could take possession of it, etc. A significant addition to the information received from the victim is the testimony o f witnesses, which are divided into eyewitnesses and other witnesses.
The features of the interrogation of the suspect, which are determined, on the one hand, by his rights (subject to detailed explanation and observance) and, on the
other hand, by the possibility of operating on the evidence that is the basis of the suspicion, are analyzed separately. Attention is focused on the maximum detail of the suspect's testimony when he denies his guilt, followed by their verification by other investigative actions. It is noted that an important tactical background to the questioning of a suspect is the clarification of the procedural institution of
agreements in criminal proceedings (agreements on reconciliation between the victim and the suspect or accused; agreements between the prosecutor and the suspect or accused on admission of guilt). It is emphasized that the agreement in criminal proceedings is a kind of compromise reached between the parties and embodies their agreement on the admission of guilt, the amount of damage caused by the criminal offense, the procedure and nature of its compensation, the type and degree of punishment for the suspect
