ОБСТАВИНИ, ЩО ПІДЛЯГАЮТЬ ДОКАЗУВАННЮ ПІД ЧАС РОЗСЛІДУВАННЯ НЕЗАКОННОГО ПОВОДЖЕННЯ ЗІ ЗБРОЄЮ ТА БОЄПРИПАСАМИ

Abstract

In the article studied the views of domestics scientists about the place of circumstances to be proven in the structure of the methodology of investigation of crimes. Emphasized that the subject of proof the same for the whole of the crime process, in addition, it is specified at the time of production in specific criminal cases. Scientific approaches to the systematization of circumstances, that to be proven, during the investigation of certain categories of criminal offenses have been analyzed. It has been found that the content of such circumstances is determinated primarily by subject of evidence, the composition of the crime described in the criminal law, and the specifics of the mechanism of committing a particular criminal offense. It has been noted that in the criminal procedural law the specified category is designated as a «subject of proof». In criminalistics, however, there are such concepts as «the subject of investigation», «the circumstances to be established or clarified». Considers the circumstances to be proven during the investigation of illegal handling of weapons and ammunition. The following are included and analyzed: 1) the event of a criminal offense (time, place and method and other circumstances of its commission); 2) the person’s guilt, form of guilt, motive and purpose of the commission; 3) circumstances that exclude criminal liability; 4) circumstances that confirm the existence of grounds for the use of special confiscation. The method of committing the investigated criminal offense is considered from the point of view of the presence of elements of preparation and concealment, since they confirm the intentional form of guilt, the presence of the purpose of selling weapons or ammunition, and a selfish motive. Through the analysis of judicial practice, factual data indicating the guilt of the individual are highlighted. First of all, this concerns (money) funds received for the sale of weapons or ammunition which is subject to special confiscation.