ВИКОРИСТАННЯ СПЕЦІАЛЬНИХ ЗНАНЬ ПРИ ДОСЛІДЖЕННІ ТЕКСТІВ ІЗ ЗАКЛИКАМИ ДО ПІДРИВУ... КОНСТИТУЦІЙНОГО ЛАДУ, ПОРУШЕННЯ ТЕРИТОРІАЛЬНОЇ ЦІЛІСНОСТІ І НЕДОТОРКАНОСТІ УКРАЇНИ

Abstract

In a situation where our state has faced a significant number of threats from the Russian Federation, among which threats of information terrorism and extremism represent a significant part of the existing risks, the number of criminal investigations into the facts of committing such crimes has increased. The investigation of almost each of them is associated with the need to use particular knowledge to ensure completeness, comprehensiveness, objectivity and at the same time compliance with reasonable deadlines for pre-trial investigation. The peculiarity of a significant number of modern expert studies conducted in criminal proceedings on extremist crimes is that their objects are products of speech activity which find their expression in oral or written speech and are stored on a storage medium in graphic or digital forms. Both data storage materials and the speech product stored on them are subject to expert research. The aim of research is to analyse the practice of using the capabilities of forensic examination in order to study texts during the pre-trial investigation of crimes related to public calls for committing illegal actions aimed at undermining the constitutional order, territorial integrity and sovereignty of Ukraine; to reveal the potentials of linguistic expert examination and to justify the need for comprehensive psychological and linguistic studies of texts calling for the perpetration of illegal actions, as well as denial of the legitimacy of resolving legal issues during such examinations. The study substantiates that the most important tool for identifying, investigating and proving facts of extremist activities aimed at undermining the constitutional order, territorial integrity and sovereignty of Ukraine are forensic examination and expert research. Manifestations of speech extremism become frequent objects of study in forensic linguistic examination. When translating the signs of such extremist crimes into a meta-language of linguistic semantics, two groups of features are distinguished – semantic and pragmatic. By virtue of introduction of the methodology for conducting forensic linguistic, psychological and linguistic examination of materials in criminal proceedings related to the investigation of the facts of calls for extremism and terrorism, modern experts are armed with a system of linguistic categories and methods that must be used in the study of statements that have fallen into the legal sphere. Forensic examinations in such criminal proceedings are also a means of remedial action, since the correctness of its expert evaluation depends on an objective, methodically correct expert assessment of the disputed material. Due to the verbal nature of the objects of expert research, bodies of pre-trial investigation most often appoint forensic linguistic, psychological, psycho-linguistic, and other examinations, as well as various options for complex research.