Юридико-психологічна характеристика комунікативної взаємодії зі свідками під час розслідування хуліганства

Abstract

The purpose of the study is to actualize the legal and psychological features of communicative interaction with witnesses during the pretrial investigation of hooliganism, the use of their testimony as a means of proof in criminal proceedings. The methodological basis of the article is a theoretical and applied analysis of the communicative components of witness testimony as a means of proving hooliganism in criminal proceedings; methods of content analysis of legislative acts, publications of scientists on this issue, the possibility of structural and functional method (when outlining the positions of investigative tactics in cooperation with witnesses) were used. In view of this, it is asserted that the investigation of hooliganism is a complex, multifaceted activity carried out within the time limits established by law. The investigator must identify all the circumstances of the crime and identify the persons involved. In order to perform these tasks, it is necessary to put forward investigative versions skillfully, conduct a number of investigative (search) actions, in particular, interrogations, searches, inspections, appointment of examinations, conducting covert investigative (search) actions, etc. The scientific novelty of the obtained results will be the generalization of legal and psychological features of obtaining testimony of witnesses during the pre-trial investigation in hooliganism proceedings, which will help to develop practical recommendations for building a communicative interaction between investigators and witnesses, as well as to improve the professional activities of the subjects of criminal proceedings. Conclusions. The witness is one of the most important and widespread sources of evidence in various criminal proceedings. However, as practice shows, even in such circumstances, his testimony should be carefully checked during the pre-trial investigation, and in case of significant contradictions, contradictions of the testimony of the witness to other circumstances of the case – the investigator should use psychological tools of communicative nature to eradicate lies and wittingly false contradictions. It is emphasized that the mental attitude of the witness to deliberately false testimony involves a certain conscious act of will, an algorithm of actions, which he first rethinks before recreating the subject of criminal proceedings stages of formation of this false information, knowing which the investigator, prosecutor or judge can quickly and effectively identify such testimony, record it professionally, properly gather evidence, and prosecute a witness if convicted. Keywords: hooliganism; pre-trial investigation; investigative (search) actions; interrogation; communicative interaction; psychological method of influence.