Criminal Procedural Activity Research Articles

Органы полиции Республики Корея

The article is dedicated to problems of police functioning in the Republic of Korea (the RK, Republic). The author mentions a number of documents that govern the activities of police of the Republic. South Korean police is in the structure of the Ministry of Public Administration and Security. The author analyzes the structure and competence of the National Police Agency. The article presents a detailed analysis of Korean laws on activities of national and autonomous police. The article shows how the state controls police through national and autonomous police committees. It is emphasized that police performs administrative as well as criminal intelligence, surveillance and criminal procedure activities. The author characterizes provisions on the status of police officers. Increased attention is paid to the liability of police officers.

Peculiarities of forensic characterization in the investigation of criminal offenses committed by judges

The article is devoted to the analysis of the degree of scientific development of the issues of criminalistic characterization. The scientific approaches to determining the essence of the criminalistic characterization of crimes in the structure of the investigation methodology are considered. The importance of this scientific category is emphasized. It is noted that one of the most important components in the structure of the forensic methodology is the forensic characterization of a crime. The author reviews the literature in the field of criminal law, criminal procedure, forensics, and operational and investigative activities related to abuse of power or official position by a judge in the administration of justice, and also their detection and investigation. The author presents different approaches to the concept and structure of forensic characteristics in general and, in particular, to the structure of forensic characteristics of acceptance of an offer, promise or receipt of an unlawful benefit. Based on the results of the analysis of court practice on combating undue advantage in Ukraine in recent years, it is established that a significant share of such encroachments falls on the judiciary. The author analyzes the concept and components of the forensic characterization of criminal offenses committed by judges. It is found that its structure includes the following elements: identity of the offender, identity of the victim, method of commission, object of the offense, setting, time and place of commission, motive and purpose of the criminal offense, typical traces of the crime (“trace pattern”). The existence of interrelations between the elements of forensic characterization makes it possible to use a systematic approach in the study of this issue. It is stated that the subject of criminal encroachment is an unlawful remuneration; the author identifies the ways of committing and concealing a crime; the author proposes to divide the ways of direct receipt of unlawful benefit into certain types; the elements of the “trace picture” are revealed; it is emphasized that the most typical places of giving and receiving unlawful benefit by judges are the office, other premises of a particular institution or organization, and public places; the author also emphasizes the characteristic features of the offender and the victim. The analysis of monographs, dissertations and other scientific works on the outlined issues has shown that the fundamentals of the methodology for investigating criminal offenses committed by judges remain undeveloped.

The subject of proof in the criminal process of Ukraine

The article claims that the process of proving is the main content of criminal procedural activity. It is thanks to this process that the tasks of criminal procedure are fulfilled and the objective truth is established in criminal justice. The subject of proof in criminal proceedings is one of the key categories related to the process of proving. Establishing all the circumstances that characterize such a subject contribute to a full pre-trial investigation and trial. A conclusion has been formulated, according to which evidence in a criminal procedure should be understood as the activity of the subjects of criminal justice in relation to the collection, verification and evaluation of evidence and their procedural sources, as well as the formulation of a certain thesis (accusatory or exculpatory) on this basis and the submission of arguments in support of it. This activity is retrospective in nature. The purpose of cognition in criminal proceedings is to establish a certain set of circumstances of a criminal offense, which have been called “the subject of proof in a criminal procedure.” The list of such circumstances is defined in Art. 91 of the Code of Criminal Procedure (CCP) of Ukraine. The subject of proof in a criminal proceeding is the list of circumstances provided for by the Criminal Procedure Law of Ukraine, which must be established in each criminal proceeding and ensure the adoption of a corresponding procedural decision. The list of circumstances to be ascertained in criminal proceedings regarding criminal offenses committed by minors should be considered as a supplementary, clarifying subject of proof in relation to the general subject of proof. Circumstances to be established during criminal proceedings regarding the application of coercive measures of an breeding nature in relation to minors who have not reached the age of criminal responsibility, and regarding the use of coercive measures of a medical nature constitute a separate, independent subject of proof in a criminal process, determined by the characteristics of a person who has committed a socially-dangerous act, and the specifics of the criminal procedural form.

Peculiarities of the proof process in Japanese criminal procedure

In today’s open world, with the growing importance of the international component in the fight against crime, a legal professional naturally needs knowledge that goes beyond the national legal framework, including the institution of international legal assistance. Studying and comprehending the experience of criminal procedure in different countries of the world makes it possible to apply the relevant positive practices in Ukraine and improve the process of forming a legal culture in independent Ukraine. In particular, it is important to study the experience of criminal procedure in Japan, a country with the lowest crime rate among the industrialized countries of the world. Familiarization with this system should help to develop a comprehensive approach to improving criminal proceedings in Ukraine, which will contribute to the successful development of a democratic, social, and legal state. Currently, the process of combining different criminal procedural systems of the world is underway, but the Anglo-American system of criminal procedure has its own peculiarities that can be distinguished from other systems of criminal procedure. The criminal procedure legislation of Japan is quite specific. It reflects both continental and Anglo-Saxon models of law. In particular, the widespread use of precedent makes it similar to the Anglo-Saxon form, and the presence of prosecutorial supervision over the police during the investigation process - to the continental one. The problems of criminal procedural evidence are constantly attracting the attention of scholars. The scientific interest in the problems of collecting, verifying and evaluating evidence is not accidental and is explained by their importance for criminal proceedings. Evidence is a central, core component of criminal procedure. Proper evidentiary activity is a prerequisite for solving its tasks. Therefore, further research of both the general theoretical issues of criminal procedural evidence and its individual problematic aspects remains an important scientific task, the solution of which will contribute to improving the efficiency of domestic criminal proceedings and bringing them closer to European standards. The article examines certain peculiarities of criminal procedural evidence in Japan. The author examines the peculiarities of the process of proof at certain stages of the process, and analyzes the legal status of the subjects of proof. The materials of the article are of both theoretical and practical value. They can be used for further scientific research of the peculiarities of domestic criminal procedural evidence, as well as for proper understanding and implementation of its law enforcement criminal procedural activities.

Особенности оценки прокурором законности оснований для возбуждения уголовного дела о незаконном обороте наркотиков

Purpose: identifying problems that arise during the implementation of prosecutorial supervision at the stage of initiating criminal proceedings in cases of drug trafficking, and developing proposals for solving them. Research methods: in the research process, both universal and general scientific methods of cognition were used, as well as special legal techniques, including comparative legal methods for studying individual legal institutions in Russia and Tajikistan. Conclusions: 1) Initiation of a criminal case (refusal to initiate a criminal case) based on the results of an operational investigative activity should be the basis for checking the operational accounting case; 2) It is necessary to expand the powers of the prosecutor: a) the prosecutor must be given the right to approve requests to conduct operational investigative activities before the court; b) when carrying out operational investigative activities that are carried out before the initiation of a criminal case in order to identify signs of crimes in the field of drug trafficking, their implementation must be coordinated with the prosecutor's office. Scientific and practical significance: the study can help improve the legal regulation of prosecutorial supervision over criminal procedural and operational investigative activities.

Альтернативные способы возмещения вреда, причиненного лицу незаконной уголовно-процессуальной деятельностью

The article reviews grounds of the legal liability of the state to parties to criminal proceedings for the damage caused to them by illegal criminal procedure activities. The main attention is paid to the damage compensation procedure pursuant to Part 3, Art. 133 of the Criminal Procedure Code of the Russian Federation that is fundamentally different from compensation of damage to an exonerated person under the judicial procedure governed by Art. 399 of the Criminal Procedure Code of the Russian Federation. The author uses judicial cases with identified problems of establishment of grounds for compensation of damage caused by illegal criminal procedure activities, in particular, illegal application of measures of procedural coercion, as a basis to conclude that the traditional civil procedure for compensation of damage caused by illegal criminal proceedings often fails to conform to the reasonable term of judicial proceedings, and not every damage caused to parties to criminal procedure activities by coercive procedural measures can and must be compensated within the framework of the undertaken liability of the state to parties to criminal proceedings.

PREJUDICE AS A MEANS OF PROOF IN CRIMINAL PROCEEDINGS IN UKRAINE: A COMPARATIVE ANALYSIS WITH CONTINENTAL AND COMMON LAW SYSTEMS

Background: During the preparation of the CPC of Ukraine in 2012, the issue of legal regulation regarding the use of prejudice in the process of criminal procedure proof received little scholarly attention. Although much time has passed since then, this subject of discussion remains largely unexplored in textbooks and manuals on criminal procedure published after the adoption of the codified act. Even within the few scholarly investigations dedicated to prejudice in criminal proceedings, a communis opinion doctorum on some issues related to the means of proof has yet to be achieved. This article aims to clarify the concept, formulate its characteristics, uncover the significance of prejudice in Ukraine’s criminal procedure, and distinguish peculiarities of legal regulation and the use of this means of proof in criminal procedure law of countries with continental and general systems of law. Methods: The methodological basis of the article is a dialectical approach to the scientific understanding of social phenomena. In writing this article, general scientific and specialised legal methods of cognition were also used, including analysis, generalisation, structural and functional methods, hermeneutic methods, doctrinal or specialised legal methods, and comparative legal methods. Results and conclusions: It has been found that prejudicial significance is attributed to legal acts that summarise the outcome of criminal procedural activities in specific criminal proceedings. These legal acts include final judgments and rulings of the court and unrevoked decisions of the interrogator, investigator, detective, and prosecutor. Prejudice encompasses not only relevant facts and circumstances but also legal conclusions regarding them. The principleof free evaluation of proof allows the parties to come to different legal conclusions than those made in the previous criminal proceedings, with proper argumentation of their legal position. The use of prejudice in criminal proceedings of civil law jurisdictions is based on the doctrine of res judicata, while in common law systems, it is based on the doctrine of collateral estoppel. Examples from the criminal procedure of Poland, Greece, Italy, and the USA illustrate the specific features of using this means of proof.

Использование электронных документов вне электронного уголовного дела — прогрессивный тупик

The article proposes to understand certain problematic aspects of the use of electronic documents in criminal proceedings. The mechanism for the implementation of electronic documents in criminal proceedings is presented by the authors as a set of actions determined not only by their regulation, but also by the regulation of the electronic criminal case. It is stated that the full use of electronic documents in criminal proceedings is impossible without an electronic criminal case. At the same time, the authors wonder about the readiness of the transition of Russian criminal proceedings to the electronic format of criminal proceedings. Particular emphasis is placed on improving criminal procedural activities in the field of application of digital technologies and the corresponding transformation of criminal procedural legislation.

CONCEPT AND MEANS OF FORMALIZING ACTIVITIES IN THE FIELD OF CRIMINAL JUSTICE

Introduction. At the current stage of development of criminal procedure and forensic science, the sphere of criminal justice is often considered from the perspective of an activity-based approach, i.e., as the activities of individual subjects (investigator, prosecutor, suspect (accused), defense counsel, investigating judge, court, etc.) and their interaction. Similarly, a large number of proposals in the literature are related to the improvement or optimization of their activities with regard to the general principles of criminal proceedings. This article is no exception and is aimed at clarifying the approaches to understanding the activities in the field of criminal justice and their regulation (formalization). Summary of the research results. The article makes an attempt to summarize the existing views on the content of such concepts as criminal procedural activity, activity of an investigator, a prosecutor, an investigating judge and other participants to criminal proceedings. The author proposes the term "activity in the field of criminal justice" as a generalized term which reveals the social nature of the activity of investigation and trial of criminal offenses. The author also proposes an approach whereby regulatory and legal regulation, other types of social regulation and organizational and tactical recommendations are considered as means of formalizing activities in the field of criminal justice, i.e., those aimed at streamlining them and bringing them to a certain standard. At the same time, it is proposed to differentiate these measures depending on the degree (rigidity) of formalization. Conclusions. Based on the results of the study, the author concludes that formalization of activities in the field of criminal justice should be understood as the process of streamlining the actions and decisions of participants to criminal proceedings through their legal regulation, established ethical norms, and also such means as planning of activities by the subject and application of the rules of a recommendatory nature which are concentrated in the provided algorithms and programs. These means of formalization have different legal nature, but they can still be considered in the same order in accordance with their function in the field of criminal justice, which provides for the possibility of their grouping.

Features of the process of evidence in criminal procedure of the United States of America

Recent years have been marked by a great growth of comparative legal research in various branches of legal science, which are gaining a growing number of supporters. The given process makes it possible to show the originality of certain branches of law, their institutions, norms in different legal systems, to compare the data of a specific branch of law with similar branches in other legal systems, and to reveal national differences. The practical significance of the given activity lies in the study and generalization of both positive and negative legal experience of foreign countries. In today’s transparent world, with the growing importance of the international component in the fight against crime, a legal expert needs knowledge that goes beyond the national legal field for a reason, with the purpose of its proper use in the process of international cooperation in criminal proceedings between states in particular.
 Nowadays there is the process of convergence of various criminal procedural systems of the world. And in this regard, the Anglo-American system of the criminal procedure, the United States of America (hereinafter the USA) in particular, is quite interesting. The given system has distinctive features that are different from the national system and deserve attention. They are the sources of the US criminal procedural law which include judicial precedent, regulations and legal doctrine. The peculiarity of the given system is that it is based on adversarial proceedings and justice, it generates phenomena of the criminal procedure, namely the plea agreement, the jury trial, the concept of restorative justice, the discretionary powers of persons conducting criminal proceedings, etc. Yet another characteristic feature of the Anglo-American system of the US criminal procedure is the specifics of the implementation of evidentiary criminal procedural activity.
 The focus of the given article is on the study of the specificity of evidentiary activity, such as questions related to: the concept, classification, sources and properties of evidence in the criminal procedure of the United States of America, the peculiarities of the process of evidence at certain stages of the procedure, the legal position of certain subjects of evidence. The materials of the article are of both theoretical and practical value. They can be used for further scientific research on the peculiarities of national criminal procedural evidence, as well as for the proper understanding and implementation of its law enforcement criminal procedural activity.

On the issue specificity of criminal proceedings concerning minors

The article is devoted to the study of the specifics of criminal proceedings involving minors, in the context of the norms of national legislation and certain scientific works. It has been determined that the special procedural position of children in criminal proceedings is determined by the age peculiarities of these субʼєктів. The actual international standards concerning the procedure of criminal procedural activity in proceedings involving minors are considered. It is noted that at the national level, the specificity of proceedings in cases of minors is represented primarily in the isolation of the legislative regulation of criminal procedural relations with the participation of these individuals, as evidenced by the provisions of Chapter 38 of the Criminal Procedure Code of Ukraine «Criminal proceedings against minors.».
 During the study, the opinions of domestic scientists on the most problematic issues related to the procedural features of criminal proceedings against persons who have not reached the age of majority were analyzed. As a result of a comprehensive analysis of the legal norms of criminal procedural legislation, it was proved that certain procedures and rules of criminal proceedings are adapted specifically to the needs of minors, although their basis are general legal norms. In particular, this fact is evidenced by the dualistic representation of the interests of the juvenile suspect and the accused, the special субʼєктний composition of the participants in criminal proceedings against minors and certain specific aspects both at the stage of pre-trial investigation of juvenile crimes and during subsequent court proceedings. The article also identified a number of problematic aspects related to the implementation of these provisions at the practical level, in the context of which it is proposed to introduce certain additions and changes to the Criminal Procedure Code of Ukraine.
 It is considered necessary to consolidate the special principles of criminal proceedings against minors at the legislative level in the form of a separate article. The conclusion focuses on the fact that despite the existence of certain shortcomings in the legal regulation of proceedings in cases of minors, the criminal procedure legislation of Ukraine is developing in the right direction.

Some Aspects of the Preliminary Investigation Conducted by an Investigative Team in Russian Criminal Proceedings: Through the Prism of an Expert Opinion

The article analyzes the results of a survey of 476 subjects of criminal procedure work, including 169 investigators and 307 prosecutors, which was carried out in different regions of the Russian Federation (the Altai Republic, the Sakha (Yakut) Republic, the Buryat Republic, Transbaikal, Primorsky, Kamchatka, Irkutsk Regions, and others). The survey was devoted to the assessment of the quality and effectiveness of criminal proceedings conducted by an investigative team, as well as the suggestions on the improvement of normative and organizational foundations for the preliminary investigations conducted by a team. The question of the composition of the investigative team at the current stage is considered: thus, it is determined that clauses of Part 2, Art. 163 of the Criminal Procedure Code of the Russian Federation need improvement. This need is explained by the fact that if the work of the investigative team requires the participation of, for example, a forensic investigator, or employees from the inquiry body, etc., these people join the investigative team. At the same time, the article presents the results of a survey of investigators and prosecutors regarding the assessment of the quality of preliminary investigation conducted by an investigative team in Russian criminal proceedings. The opinions of the subjects of criminal procedure activities are used to identify key advantages of the collegial (group, team) mode of the preliminary investigation, and to determine the most urgent problems in the law enforcement work during the preliminary investigation of a criminal case conducted by an investigation team. Besides, the author takes into account the positions of both the representatives of the criminal procedure and criminalistic doctrines on the one hand, and investigators and prosecutors, on the other, and then develops and offers his own concept of improving the criminal procedure regulation of the procedure of preliminary investigation conducted by an investigative team.

The state of scientific development of issues related to the investigation of corruption criminal offenses committed by judges

The article is devoted to the analysis of the scientific development of theoretical and practical issues in the investigation of corruption criminal offenses.
 A review of literary sources in the field of criminal law, criminal procedure, criminology, operational and investigative activities regarding the abuse of power or official position by a judge during the administration of justice, their detection and investigation was carried out.
 It is emphasized that the majority of scientific research is devoted to the investigation of criminal offenses in the field of official activity, the investigation of the acceptance of an offer, promise or receipt of undue benefit, the investigation of the abuse of power or official position by a judge in the course of the administration of justice, the investigation of crimes related to the receipt of undue benefit by judges during the performance of official duties, the issue of the use of special knowledge in the investigation of corruption offenses, the concept of corruption and anti-corruption forensic examinations, expert provision of pre-trial investigation of corruption crimes, the concept and conduct of anti-corruption examination, tactical means of investigation of corruption criminal offences, issues of foreign and international experience regarding activities specialized anti-corruption institutions.
 Attempts to provide a scientific basis for the investigation of crimes related to the receipt of illegal benefits were also carried out at the beginning of the 21st century.
 It is noted that recently the attention of scientists has been directed to certain issues of the organization of the National Anti-Corruption Bureau of Ukraine, issues of interaction.
 The analysis of monographs, dissertations and other scientific works on the outlined issues proved that the basics of the investigation methodology of abuse of power or official position by a judge during the administration of justice still remain undeveloped.

Направление уголовного дела, расследованного в форме дознания, прокурору как гарантия законности

The article raises the problem of ensuring the legality and effectiveness of criminal procedural activities at the stage of completion of the inquiry, in particular when sending a criminal case to the prosecutor. It is concluded that the norms of criminal procedural legislation on the moment of completion of the inquiry, the procedure for sending a criminal case to the prosecutor for approval of the indictment (indictment) are not interpreted uniformly. There are different approaches to the implementation of the responsibilities assigned to participants in legal proceedings. It is proved that at present, procedural guarantees to ensure the legality and effectiveness of the inquiry in the general order and in an abbreviated form at the end of the preliminary investigation at the time of sending the criminal case to the prosecutor are not adequately provided. Proposals to solve the problem are formulated.

Собирание доказательств как предпосылка стратегического убеждения стороной обвинения в суде

Today, the issue of differentiation of criminal procedure forms arises quite frequently. Traditionally, we are accustomed to viewing the criminal procedure in terms of pre-trial and trial stages that may be carried out in as a summary or complete procedure. The central criminal procedure stage the entire pre-trial proceedings are designed for is criminal case hearing by a first instance court that involves all trial stages and a detailed study of evidence. Consequently, such stage of the proving process in a criminal case as collection of evidence becomes especially important, in fact, it lays the foundation for all criminal procedure activities and serves as the basis for the opportunity of efficient persuasion of a judge with the use of tactical maneuvers.

Applying Section 140 Paragraph 71 of the Criminal Procedure Law of the Republic of Latvia During the COVID-19 Pandemic

Abstract The goal of the legislator, by supplementing Article 140 of the Criminal Procedure Law of the Republic of Latvia with Part 7.1, was to make the regulation of criminal proceedings more efficient, to speed up the execution of investigative activities, as well as to facilitate the organisation of court work in connection with the planning of court sessions and the conduct of trials. During the spread of the COVID-19 infection, the mentioned article provided an opportunity for the achievement of epidemiological safety goals to conduct criminal procedural activities using a video conference. The article “Application of the procedure set out in Article 140, Part 7.1 of the Criminal Procedure Law during the COVID-19 pandemic” provides an insight into how the regulation of the criminal procedure, which has been streamlined in theory, is not used in practice, and during the spread of the COVID -19 infection, its use was not effective enough. According to the Author, the problem that has arisen in practice — insufficient use of the legal norm — is related to the insufficient knowledge of industry specialists, including the inability to apply a uniform interpretation of the legal norm.

Moral and Legal Aspects of the Digital Transformation of the Criminal Proceedings in Russia and Foreign Countries

Relevance. The article examines the legal and moral aspects of digitalization of the criminal proceedings. The existing system of criminal proceedings presupposes the direct participation of a person at all stages, which reinforces the subjective factor. Automation of some processes will reduce the time spent on certain stages of legal proceedings and ensure objectivity. However, criminal procedural norms are closely related to moral norms, and some of them are dispositive in nature. In this regard, the digitalization of the criminal proceedings should be carried out taking into account both legal and moral imperatives.The purpose of the research is the analysis of legal and moral principles in the framework of the digital transformation of criminal procedural activity, taking into account the existing legal system.The objectives of the research: to investigate the combination of legal and moral norms in criminal procedural activities, to determine the importance of the moral aspect in criminal proceedings in the context of digital transformation, to consider the possibility of introducing artificial intelligence systems into criminal proceedings.The methodology of the research is presented by the dialectical method, the comparative legal method, the method of systematization and special legal methods.Results. The introduction of information technologies is possible in two ways: as an auxiliary mechanism of legal proceedings and as the main element of the resolution of a criminal dispute. The first way is currently being actively introduced into criminal procedural activities through the gradual introduction of electronic document management, expanding the possibilities of using video conferencing, etc. The second way is the most difficult, as it causes discussions in theory and in practice.Conclusion. According to the results of the study, it was concluded that the introduction of artificial intelligence systems, although it will facilitate the activities of the law enforcement officer, will completely eliminate the moral element in the criminal procedure. The algorithm will not be able to take into account the unique circumstances of the case. In any case, the law enforcement officer must participate in this process. In addition, any technical innovation should be regulated in detail in the criminal procedure legislation.

Судебная экспертиза в механизме обеспечения прав участников уголовного процесса

The article examines the theoretical aspects of the conceptual framework and legal regulation of forensic examination. It also addresses systemic problems in criminal procedural activities that can lead to violations of the rights of parties involved in criminal proceedings related to the commissioning of examinations. The article proposes improvements to criminal procedural legislation in the field of forensic examination commissioning and conduct and suggests ways to increase the effectiveness of forensic activities.

Regarding the issue of using digital information obtained during counterintelligence and investigative activities in criminal proceedings

In this article, based on the analysis of scientific publications, the norms of the current legislation, the authors investigate the actual problems of using digital information obtained during counterintelligence and investigative activities in the criminal process. The norms of legislation in the field of ensuring state security and the Criminal Procedure Code of Ukraine regarding the possible use of digital information as evidence in court proceedings are analyzed. Scientific developments and international experience regarding the use of counterintelligence and investigative activity materials in digital form as evidence in criminal proceedings in the context of their admissibility are considered. The authors prove that the vast majority of digital information, which in the future may have evidentiary value, is obtained by conducting covert activities during the implementation of counterintelligence and investigative activities. Such digital information, according to the authors, can only serve as pretexts and grounds for starting a pre-trial investigation in criminal proceedings. The article notes that insufficient harmonization of criminal procedural legislation and legislation regulating counterintelligence and investigative activities negatively affects the effectiveness of operational units in performing their tasks. It is also noted that the further reform of the domestic law enforcement system should follow the example of leading Western countries and the USA, where the concept of “operational investigative activity” is absent at all. In most of the foreign democratic countries of the world, secret police investigation is a criminal procedural activity, which is overt and undercover procedural actions carried out under the direction of the prosecutor. The authors of the article conclude that in order to strengthen the counter-intelligence component in the activities of the Security Service of Ukraine and taking into account foreign experience in this area, it is necessary to create a separate, without reference to the requirements of the provisions of the Law of Ukraine “On Operational and Investigative Activities” and the Criminal Procedure Code of Ukraine, a mechanism for organizing and carrying out activities related to the temporary restriction of human rights and freedoms.

Institute of forensic activity in Russia: Genesis and formation

The process of disclosing and investigating crimes provides for the need for a full-fledged forensic expert support in order to provide the subjects of the investigation with the necessary information and evidence in a comprehensive manner. The modern functional approach to the organization of forensic activities provides for the implementation of a comprehensive support work of the relevant independent units aimed at the production of forensic examinations and technical and forensic support for the detection, disclosure and investigation of crimes and other processes of countering illegal activities, implemented on the instructions of the initiators. This approach was formed considering the transformation of the political, economic and social situation in Russia, the progressive development of scientific directions, as well as changes in the needs of expert and forensic support of operational search and criminal procedural activities. The historical and legal study of the key directions of the formation of the institution of forensic activity made it possible to identify five main stages in the development of the technical, scientific and methodological foundations for the subjects of the application of special knowledge to support the processes associated with the disclosure and investigation of crimes. The genesis of the development of the institution of forensic support of the disclosure and investigation of crimes is considered considering the ideological, legal and social foundations of society corresponding to each time period, the specifics of introducing the achievements of domestic and foreign science into this activity. The findings made it possible to clearly demonstrate the evolution of the expansion of the competencies of subjects providing technical, forensic and forensic activities. They are largely due to the transformation of the tasks and functions of specialized units, changes in approaches to their direct structural subordination, the establishment of procedures for control over the activities of forensic units, the peculiarities of organizing interaction with other law enforcement agencies.