ТАКТИЧНИЙ РИЗИК ПІД ЧАС ОГЛЯДУ МІСЦЯ ПОДІЇ

Abstract

The scientific article is devoted to the consideration of tactical risk during the inspection of the scene of the incident as an independent conceptual category and the development of a number of practical recommendations for avoiding negative results in the event of a certain tactical decision and the use of tactical risk in law enforcement practice. The author singled out two groups of factors (objective and subjective in nature) that cause the investigator to resort to tactical risk when conducting an inspection of the scene of the incident. Tactical risk in the article is defined as a situation during the investigation as a whole and the conduct of a separate investigative (search) or procedural action that threatens the failure of the investigator's plan; as an assumption of a negative result of certain procedural actions; as an activity that will be carried out under conditions of choice, when there is a danger that in case of "failure" one will be in a worse position than before choosing certain actions. It is noted that any situation that has developed under conditions of tactical risk has instability, the alternative of choosing a decision and the possibility of assessing the consequences of the choice made. At the same time, it is impossible to avoid making a decision, since this action is related to a direct risk assessment. The effectiveness of the implementation of tactical decisions depends on the choice of risk criteria, the maximum permissible risk value of a certain decision in the activity, and even on the assessment of the possible results of these decisions. The activity of the investigator in conditions of uncertainty is related to making decisions with different levels of risk, and his task is to minimize this risk. The scientific work highlights general recommendations for neutralizing the negative consequences of tactical risk with minimal losses for the investigator: forensic examination of all previously made decisions and implementation of actions in search of errors; comparison of detected errors with the results of the analysis of the tactical risk situation; determination of a set of measures to correct errors and prevent future (possible) errors; reviewing all source information, using it for elemental and complex analyzes of the situation; investigation of the situation taking into account another investigative strategy. The most rational actions are proposed from the point of view of minimizing the degree of tactical risk during the inspection of the scene of the incident. Keywords: tactical risk; forensic tactics; tactical decision; investigative review; inspection of the scene; investigative error.