The work carried out a comprehensive study of the pre-trial investigation of terrorist criminal offenses, provided scientifically substantiated proposals for improving the current criminal procedural legislation in this area of legal relations, taking into account modern challenges associated with the armed aggression of the russian federation and the European integration of Ukraine.
It is substantiated that modern terrorism has transformed into a complex multidimensional phenomenon, which is characterized by the use of the ideology of violence as a tool of systemic intimidation and destabilization of society in order to achieve political, ideological, religious or other goals. It is proven that this socio-political phenomenon has a two-level structure that combines external illegal actions and an internal ideological and value foundation that ensures the legitimization of extremist means of struggle by members of a terrorist organization.
For the first time, the concept of "terrorist criminal offenses" was developed and systematically substantiated, and their classification was proposed according to the criterion of the volume of content into a narrow (compositions of offenses provided for in Articles 258–258-6 of the Criminal Code of Ukraine) and an expanded category (also covering a set of related acts that ensure the preparation, organization or support of terrorist activities and create the basis for its implementation).
The features of the pre-trial investigation of terrorist criminal offenses are determined, which are due to the increased complexity of the proof process due to the specific ideological orientation of the intent, a high level of conspiracy, the use of modern technologies and cross-border financing. It is proven that the effectiveness of the pre-trial investigation of terrorist criminal offenses directly depends on the comprehensive involvement of forces and means of law enforcement agencies, the use of specialized knowledge, proper interdepartmental coordination and the active use of international cooperation tools.
The approach to determining the subject of proof in criminal proceedings regarding terrorist criminal offenses as a multi-level system of circumstances has been improved. It has been substantiated that for the proper criminal-legal qualification of an act, the key importance is the establishment of a special purpose of terrorist activity, in particular, intimidation of the population or influence on decision-making by state authorities. The features of the subject of proof in proceedings regarding the financing of terrorism have been determined, which consist in the need to establish the sources, methods of movement and use of assets, as well as proving the awareness of the person of their purpose for supporting terrorist activity.
It was found that the most effective means of obtaining evidence are covert investigative (search) actions, the priority of which is due to the high level of digitalization of terrorist activities and the need to establish connections between participants in terrorist organizations. Proposals were made to amend Article 269-1 of the Criminal Procedure Code of Ukraine in terms of granting the Security Service of Ukraine authorities to monitor bank accounts in order to increase the efficiency of identifying and documenting the facts of financing terrorist activities. The feasibility of normatively enshrining in the Criminal Procedure Code of Ukraine the principle of continuity of operational-search and counterintelligence measures in criminal proceedings regarding terrorist criminal offenses with the introduction of appropriate procedural guarantees of prosecutorial and judicial control was substantiated.
It is proposed to single out the establishment of confidential cooperation as an independent type of covert investigative (detective) actions, which should be considered not as an auxiliary element of other covert investigative (detective) actions, but as an independent procedural form aimed at obtaining information that is important for the prevention, detection and investigation of terrorist criminal offenses. The need to improve the legal regulation of involving persons in confidential cooperation, taking into account the peculiarities of documenting terrorist activities, is proved. The position is expressed that it is necessary to involve minors in confidential cooperation during the pre-trial investigation of terrorist criminal offenses, but only as an exceptional measure, provided that appropriate procedural guarantees, prosecutorial control and observance of the rights, freedoms and legitimate interests of such persons are ensured.
