ОПЕРАТИВНО-РОЗШУКОВЕ ДОКУМЕНТУВАННЯ ЗЛОЧИНІВ: ДО ВИЗНАЧЕННЯ ПОНЯТТЯ

Abstract

The article is devoted to the study of problematic issues of operational and investigative documentation of crimes by employees of operational units in the interests of criminal justice. The purpose of the article is to analyze the doctrinal approaches to the definition of the concept and content of operational and investigative documentation of crimes and, on this basis, with due regard for its essential features, to formulate the author’s own definition of this concept which would meet the essence of this process and the needs of practice. The article substantiates that for successful operational and investigative documentation of crimes by operatives, it is important that they know the theory of criminal procedural evidence as a methodological basis for operational and investigative documentation, since the theory of criminal procedural evidence reveals such fundamental concepts as evidence, its properties, subject matter of proof, etc. These categories of the theory of criminal procedural evidence orient operatives to the objects of operational and investigative documentation, their features and properties, and give them an idea of what qualities the actual data on the signs of a crime must meet in order to be used as evidence in criminal proceedings. Understanding of the subject matter of proof by operatives enables operatives to understand the amount of information they should receive in the course of operational and investigative documentation. The article covers the following categories: operational search, recording, factual data, operational case, materials of operational search activity, operational search information, operational search support, document of operational search activity, operational search case, operational search cognition, etc. Based on the analysis of the theory of activity, epistemology, systemic and comparative analysis of legal provisions, and doctrinal approaches, the author defines the concept of operational and investigative documentation of crimes. The author concludes that operational and investigative documentation of crimes is the essence of operational and investigative activity and consists in the implementation by authorized officials of law enforcement agencies’ operational units of a set of search and investigative measures established by the Law of Ukraine «On Operational and Investigative Activity» and departmental regulations aimed at learning the circumstances of a crime and reliable reflection (fixation, recording) of the results and procedure of this.