Dissertation for the degree of Doctor of Philosophy in the specialty 081 – «Law». – National Academy of Internal Affairs, Kyiv, 2026.
The dissertation theoretically generalizes and solves a complex scientific and applied problem consisting in the formation of methodological foundations for the use of media capabilities in the investigation of criminal offenses, and also develops a system of scientifically grounded proposals and recommendations aimed at improving the effectiveness of the activities of investigation subjects.
The state of scientific development of the problems of media use in criminalistics has been examined, demonstrating the insufficient theoretical and methodological elaboration of this issue despite considerable interest in the freedom of media activity, their criminal-law protection, and their influence on the criminogenic situation. Under current conditions of transformation of the information space, intensive development of media criminality, and the growing role of media evidence, a comprehensive analysis of the risks and methods of using media content in the investigation of serious and high-profile crimes, including war crimes, is of particular importance.
An analysis of the legal regulation of media activity during criminal proceedings has been conducted, showing a broad spectrum of regulatory provisions that define the legal status of the media, the regime of access to information, the limits of confidentiality, the criteria for lawful restriction of access, and guarantees of the professional activity of journalists. The study emphasizes the need to take into account the standards of the European Court of Human Rights when assessing the admissibility of evidence and the lawfulness of obtaining media materials. The increasing role of social platforms (Facebook, YouTube, Instagram, Viber, Telegram, WhatsApp) has fundamentally changed the mechanisms of information dissemination, which requires adaptation of the methods of criminalistic use of media.
It has been established that under martial law and large-scale armed aggression against Ukraine, media perform several key functions in criminalistic activity: as sources of operational information on criminal offenses, as a mechanism for recording evidence of violations of international humanitarian law, as a tool for analyzing and verifying information, as a means of ensuring interaction between investigators and journalists, and as a stimulus for developing the methodology for using media content.
The experience of EU legal regulation and the practice of certain foreign states have been studied, demonstrating the use of media as a full-fledged criminalistic resource integrated into investigative methodology, with a legislative balance between the needs of investigation and freedom of expression (ECHR, GDPR, DSA, AVMSD, e-Evidence), the institutionalization of cooperation between law enforcement agencies and television search programs, and comprehensive recommendations on OSINT and electronic evidence. For Ukraine, such approaches may be implemented through the incorporation of procedural standards for working with media into the Criminal Procedure Code, the creation of specialized OSINT analysis units, the conclusion of agreements with key media groups, and the adaptation of European procedures to national practice.
The dissertation reveals the criminalistic meaning of the concept of «tactics,» which includes not only the internal organization of the investigator’s actions, but also the ability to navigate effectively in the media space, predict information attacks, neutralize disinformation, ensure data confidentiality, and use media as a tool for collecting evidence, identifying witnesses and suspects, and monitoring the development of the investigative situation. Under conditions of armed conflict, tactical competence acquires particular significance.
The main tactical-criminalistic tasks of using media have been identified: the development and improvement of criminalistic techniques and models of influence on suspects, witnesses, and other participants in criminal proceedings; the formation of optimal tactical decisions; forecasting the risks of information influence and disinformation; and modeling patterns of activity aimed at obstructing the investigation. Mechanisms of counteracting the investigation have been studied, and the role of media in neutralizing information attacks through persuasion, suggestion, and disinformation has been determined.
