Ситуаційна зумовленість побудови та реалізації програм провадження окремих слідчих (розшукових) дій

Abstract

In forensic science, the theory of situational conditionality of pre-trial and judicial investigation is considered to be quite accepted. Programming the conduct of individual investigative (search) actions is a new means of solving tactical tasks by investigators during criminal proceedings. This raises the question of examining its situational conditionality. Under the situation of individual investigative (search) actions today, some scientists consider a set of conditions and circumstances that create the relevant situation – the situation during a specific investigative (search) action, which is due to the nature of the investigative (search) action, time and place, position and the behavior of the participants, the availability of evidence, the results of the investigator, and affect the tactics of this investigative (search) action. The article concludes that the situational approach is one of the most promising areas in criminology, which allows to strengthen the practical significance of scientific research. Given that the programs, which accumulate certain forensic knowledge aimed at application in investigative practice, are situationally determined, it is necessary to build programs for individual investigative (search) actions in accordance with typical situations identified in science on the basis of judicial analysis – investigative practice. In order to achieve the goal of forensic programming, investigative (search) action of any kind should be considered as a certain sequence of alternating situations. The most typical situations should be detailed and specific as possible. And the implementation of programs of investigative (search) actions within the framework of a specific act of investigation must also take place in accordance with the specific situations that arise. Key words: forensic programming; investigative (search) actions; typical investigative situations.