Abstract
The paper deals with the basic means of investigator’s cognition during investigation of a criminal offence. It was clarified that criminal procedural cognition as a process of knowledge formation on factual circumstances of the committed crime, unlike other kinds of human informative activity, occurs in the form ofproving. The relationship of notions «knowledge» and «proving» was analyzed. It was proved that resolving tasks of the criminal process depends on criminalistics means of reception, analysis and estimation of the evidential information to which it’s possible to refer investigative (search), covert investigative (search) actions and criminalistics technique, as well as identified (marked) and fake (imitating) means. The reason were given that investigative (search), covert investigative (search) actions in gnoseological and methodological plans are the means for cognition of crime event, persons who committed it, as well as the circumstances of criminalproceedings, that is, practical cognitive activity in the procedural form established by the law. The criminalistics technics as the set of devices, apparatus, equipments, gears, methods and ways of their use, has a number of common features with the means applied during covert investigatory (search) actions. The role of cognitive means which consists in revealing, recording and further investigation of the crime traces and also in creating conditions for necessary information receiving is defined. The data received with the help ofspecial means, are used in criminal procedural informative activity for the construction of versions, planning of crime investigation with the aim to restore a reliable picture of the event occurred. There was paid attention that the true knowledge acquired in the course ofpre-judicial investigation and judicial proceeding is decisive for their results because they allow to make well-founded criminally-procedural decisions on brining a guilty person to a responsibility for the committed crime.
Highlights
Key value when investigating crimes in the sphere of economic activity may have any from the specified elements of the criminalistic characterictics
The analysis of investigative and judicial practice shows that there exist correlation dependences bet ween such structural elements of a criminalistic characteristic of crimes in the sphere of economic activity as their method, typical traces and criminal personalities because the type and the method of a crime are in a close relation with the criminal personality
The crimes methods study is a source for the newest recommendations on struggle against crime. The data about this criminalistic category is used for working out tactical means and methodical recommendations about disclosure, investigation and the prevention of crimes in the sphere of economic activity and for the organization and planning of investigation
Summary
Проблеми кримінально-процесуального пізнання, у тому числі засобів, що використовує слідчий у ході пізнавальної діяльності, досліджували такі вчені, як Т. Кримінально-процесуальне пізнання – це процес формування уповноваженим суб’єктом (слідчим) знання про фактичні обставини вчиненого злочину, шляхом отримання за допомогою розроблених наукою криміналістикою спеціальних засобів, методів і прийомів необхідної інформації, її аналізу та оцінювання з метою встановлення істини в кримінальному провадженні.
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