ПРИЧИНИ ТА УМОВИ, ЩО ОБУМОВЛЮЮТЬ ОСОБЛИВОСТІ РОЗСЛІДУВАННЯ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ В УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ

Abstract

The reasons and conditions that determine the peculiarities of the investigation of criminal offenses in penal institutions are examined in the article. The state of researching the problems of investigation of criminal offenses committed by convicts in penal institutions are highlighted and the main patterns and results of modern developments in this direction are determined; the general principles of pre-trial investigation of criminal offenses committed by convicts in correctional colonies are formulated, taking into account the peculiarities of execution and serving a sentence in the form of imprisonment; the peculiarities of conducting investigative (search) and covert investigative (search) actions in penal institutions are distinguished and scientifically substantiated proposals for their improvement are developed; the essence of counteraction to the investigation of criminal offenses committed by convicts in penal institutions is revealed, its forms, methods and subjects are determined by the authors. Practical and theoretical significance of the peculiarities of information on informal stratification, which focuses researchers’ attention on the violation of informal norms convicts’ behavior in penal institutions, which in turn is the main reason for committing criminal offenses. The presence of certain groups of persons serving sentences in prisons leads to criminally illegal activities in the struggle for direct criminal leadership. The factors that determine the peculiarities of the forensic characteristics of penitentiary criminal offenses are determined. Three main categories of persons serving sentences are determined. A comprehensive analysis of the methods of detection and investigation of criminal offenses committed by convicts is conducted. Certain problems of investigation of criminal offenses in penal institutions are considered. Emphasis is placed on the fact that the most acute problem for the investigation of criminal offenses in penal institutions is obtaining convicts’ reliable and complete testimony of convicts (witnesses, victims, accused and suspects), because their negative attitude to the purposes of the investigation is not uncommon. Measures used to eliminate the reasons and conditions that cause committing of criminal offenses in penal institutions are presented. Operational and investigative situations for the detection and investigation of criminal offenses are described. Two independent types of “penitentiary recidivism” are distinguished. The phenomenon of “penitentiary crime” is considered. The group of determinants that influence the level of crime in penal institutions is highlighted. Key words: determinants, penal institutions, crimes, criminality, investigation.