Причини та умови латентності окремих кримінальних правопорушень, які скоюються щодо учасників кримінального провадження

Abstract

The article is devoted to the study of the problem of the latency of criminal offenses committed against participants in criminal proceedings, as one of the elements of assessing the real level of crime in the sphere of justice and, in particular, in the sphere of criminal proceedings. Based on the analysis of scientific positions on the definition and main signs of latency, expressed by a number of scientists in the field of criminology, material and procedural law, it was established the presence of a whole set of prerequisites for ascertaining a high level of latency of crime in relation to participants in criminal proceedings. With the help of general scientific methods of cognition, the objective patterns of the latency of certain types of criminal offenses in the analyzed area have been clarified, and effective mechanisms for overcoming the latency of criminal offenses committed against participants in criminal proceedings have been proposed through the identification of a complex of prerequisites for a high level of latency of crimes in this area. In this regard, a system of mechanisms for the detection of this type of criminal offenses has been formulated through the conditional separation of uncognizable latent criminality from cognizable criminality, since the vast majority of latent criminal offenses committed against participants in criminal proceedings are covered by the concept of cognizable criminality, which undoubtedly has practical significance for the development systems of crime prevention measures in this area.