СЛІДЧИЙ ЕКСПЕРИМЕНТ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ: ІСТОРИЧНИЙ АНАЛІЗ

Abstract

The article is devoted to the genesis of the investigative experiment as an independent investigative (search) action. The author analyzes the historical stages of origin, development, and determination of the place of the investigative experiment in the system of procedural actions in Ukraine. It is noted that the investigative experiment as a way to verify the evidence arose in the practice of pre-trial investigation. And then it became the object of study of legal science research. It is noted that the basis of the investigative experiment is the use of the method of scientific research method – testing to verify certain information. This is a sign of the introduction of truly scientific methods in the activities of law enforcement agencies. In this way the obtained evidence is given signs of belonging and admissibility. The testimony of the participants in the criminal proceedings and the investigative versions are checked by conducting an investigative experiment. Thus the reliability of the received information and the maintenance of a criminal offense is established. That is why the investigative experiment became widespread in the pre-trial investigation. Investigative experiment is a way to verify and to obtain evidence, but one of the most complex in its preparation and content. It is established that there is no detailed clear historical periodization of this procedural institution. The article compares the content of art. 194 of the Criminal Procedure Code of the Ukrainian Soviet Socialist Republic dated 28.12.1960 «Reproduction of the situation and circumstances of the event» from art. 240 of the Criminal Procedure Code of Ukraine dated 13.04.2012 «Investigative experiment». The conclusion that the investigative experiment is an independent investigative (investigative) action is substantiated, but some questions concerning its conduct remain ambiguous. Currently, this is the basis for discussions, which indicates the relevance of this procedural institution and its development.