Abstract
In the article, from the standpoint of a systematic approach, the forensic characterization of safety rules criminal violations during mining operations is analyzed. That is the basic element which determines the content and algorithm of uncovering of crimes, the investigation and trial of a criminal case. The subject (the identity of offender) is its central, basic element. It is noted that the element of subject (the identity of offender) is the most informative when investigating criminal violations of safety rules during mining operations. It is based on his study in the unity and interrelation of the following aspects: official position, social and psychological properties and personality traits and victimization behavior of the criminal offence victims and third parties. The situation of a crime (the second element of forensic characterization) is structured according to the circumstances that characterize pre-, criminal, and post-criminal state of outward things; three interrelated and interdependent are pointed out. The complex combination of the levels and edges of each selected elements of a cognizable object, due to the specifics of the crime in question, also determines the peculiarities of investigative actions and search activities at the initial stage of the investigation of safety rules criminal violations during mining operations. The article proposes recommendations to overcome the objective difficulties encountered in the investigation of criminal violations of safety rules during mining operations.
Highlights
Forensic methodology, being the final part of forensics, explores the patterns and algorithms for the investigation of certain types of crimes
The problem of investigating criminal violations of safety rules in the conduct of mining operations is connected with the need to identify a complex of interrelated, mutually influential signs of forensic characteristics, i.e. identifying the elements of the traditional structure of forensic characteristics and their correlation among themselves, but a system-forming complex of features describing the features of this type of crime
It seems that the study of the forensic characterization of criminal violations of safety rules in the conduct of mining operations should be carried out from the perspective of a “system-wide approach”, considering the crime as a single phenomenon, in which two main elements can be distinguished: the subject element and the element of the environment where the crime event occurs, the remaining elements are mediated by these two elements
Summary
Forensic methodology, being the final part of forensics, explores the patterns and algorithms for the investigation of certain types of crimes. The problem of investigating criminal violations of safety rules in the conduct of mining operations is connected with the need to identify a complex of interrelated, mutually influential signs of forensic characteristics, i.e. identifying the elements of the traditional structure of forensic characteristics and their correlation among themselves, but a system-forming complex of features describing the features of this type of crime. It seems that the study of the forensic characterization of criminal violations of safety rules in the conduct of mining operations should be carried out from the perspective of a “system-wide approach”, considering the crime as a single phenomenon, in which two main elements can be distinguished: the subject element (the identity of the offender) and the element of the environment where the crime event occurs (the circumstances of the crime), the remaining elements are mediated by these two elements
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