Current Criminal Procedural Legislation Research Articles

КОНЦЕПЦІЇ ДОПУСТИМОСТІ ДОКАЗІВ ТА ЇХ ІМПЛЕМЕНТАЦІЯ У КРИМІНАЛЬНИЙ ПРОЦЕС УКРАЇНИ

The author of the article examines the provisions of the current criminal procedural legislation of Ukraine, the decision of the European Court of Human Rights and the modern practice of the courts of Ukraine regarding the application of the concept of “fruits of a poisoned tree” and exceptions to it. It has been proven that establishing the commission of a relevant criminal offense by a certain person or, conversely, his non-involvement in its commission is carried out on the basis of evidence provided to the court by the participants in the adversarial procedure. Determining the admissibility of the evidence presented to the court is a guarantee of the balance of rights of all participants in the criminal proceedings and ensuring that the court adopts a legal and fair decision on the case. In this context, the implementation of the concepts formulated in the criminal trials of foreign countries, regarding issues of admissibility of evidence, to the current criminal procedural legislation of Ukraine becomes important and requires additional research. The purpose of the article is to study the essence of concepts that are an exception to the rule of “fruits of the poisoned tree”, to implement their application in the judicial practice of Ukraine, in order to obtain new scientific knowledge and ensure correct understanding. In the world practice and the practice of the European Court of Human Rights, in particular, certain concepts were formed when solving the issue of admissibility of evidence in criminal proceedings, which are implemented at the present time and in the judicial practice of Ukraine. The most widespread and well-known of them in matters of inadmissibility of evidence is the concept of “fruit of the poisoned tree”, the essence of which is that if the source of evidence is improper, then all the evidence obtained with its help will be the same. However, at the present time there are already a certain number of concepts that are an exception to it and offer a different approach to the issue of recognizing evidence as admissible. It is noted that all exceptions from the concept of “fruits of the poisoned tree” have common features, in particular: first, the focus of the research is not on the violation as such, but on its essence; secondly, on establishing the impact of certain violations on ensuring a fair trial; thirdly, the credibility of the relevant evidence and the ability of the court to reach certain conclusions regarding the establishment of a person’s guilt in committing the relevant criminal offense. That is, they provide opportunities to move away from formalism in matters related to: admissibility of evidence, ensuring a fair trial and achieving the goal of criminal proceedings. It was concluded that the application, when the issue of admissibility of evidence in criminal proceedings is resolved, along with the concept of “fruit of the poisoned tree” of other concepts, which are actually an exception to the stated one, gives flexibility to the criminal process in the matter of recognizing evidence as admissible, which ensures the fairness of the judicial process for both sides and a certain balance between the public interests of society and the person who is brought to criminal responsibility, his rights and freedoms. The justice of the process as a whole and the decision (sentence) of the court, as a document that is accepted according to its consequences, can be achieved by transparency and comprehensibility of the applied norms and procedures for the participants in the process and society.

Изъятие цифровых следов из сети Интернет и использование их в доказывании: уголовно-процессуальные аспекты

Currently, the amount of information that Internet users post on it and exchange with each other is increasing. Under certain conditions, this information, can become forensically significant and can be used as evidence in the future. The issue of seizure and procedural recording of such information is not regulated by current legislation, which makes it difficult to use this information as evidence. The purpose of the study is to identify specific features of digital information, special aspects of the process of proof using digital information and digital footprints within the framework of the current criminal procedure legislation. The author considers the information obtained from social networks in the context of digital footprints and digital evidence in criminal procedure. The signs of digital (electronic) evidence have been systematized. The author carried out an analysis of the provisions of Art. 74 of the Criminal Procedure Code of the Russian Federation, as well as of modern scientific approaches to understanding the system and form of evidence in criminal procedure. Having studied law enforcement practice, the author concluded that the existing legal regulation of the use of digital (electronic) evidence in criminal procedure is not effective enough. The analysis of legislation and law enforcement practice regarding the use of digital footprints in evidence allowed formulating several proposals to improve the norms of criminal procedure legislation of the Russian Federation. In particular, the author proposed to enshrine the definition of digital document in the Criminal Procedure Code of the Russian Federation, expand the list of investigative actions, and specify a separate investigative action aimed at detecting digital footprints and recording digital information.

Ways of reforming the criminal and criminal procedural legislation of Ukraine in the context of European integration

The purpose of the research is to highlight problematic issues and ways of reforming the criminal procedural legislation of Ukraine in the context of European integration. Main content. The article analyzes the current criminal procedural legislation of Ukraine and that of European Union countries. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of methodological approaches to understanding of problematic issues and ways of reforming criminal procedural legislation of Ukraine in the context of European integration were considered. Conclusions. Shortcomings of the Criminal Procedure Code of Ukraine have been highlighted. Prospects of their reforming were outlined and changes to the current legislation in the context of European integration were proposed.

Proper performance of duties that ensure the adversarial nature of criminal proceedings in Russia

The subject of the research is the mechanism for the execution of criminal procedural duties that ensure the implementation of adversarial in Russian criminal proceedings.The subject of the research is the mechanism for the execution of criminal procedural duties that ensure the implementation of adversarial in Russian criminal proceedings. The purpose of the research is to justify the existence of the problem of organizational-legal support for the proper fulfillment of the duties assigned to participants in the criminal process and to determine the main ways of solving. The hypothesis of the research is the thesis that the combination of legal, organizational, and other means existing in criminal procedure legislation does not guarantee the proper fulfillment of the duties imposed by the legislator on the participants in adversarial criminal proceedings.of the research is to justify the existence of the problem of organizational-legal support for the proper fulfillment of the duties assigned to participants in the criminal process and to determine the main ways of solving. The hypothesis of the research is the thesis that the combination of legal, organizational, and other means existing in criminal procedure legislation does not guarantee the proper fulfillment of the duties imposed by the legislator on the participants in adversarial criminal proceedings.The methodology. General scientific dialectical methods made it possible to study the conditions and the process of evolution of legal duties, to reveal their essence in the field of criminal proceedings. The system-structural method and the situational modeling method were used when studying the intra-system relationships of elements of the mechanism for the execution of criminal procedural duties and the system of means that ensure its implementation. The study of regulatory legal requirements was carried out using the formal legal method.The main results, scope of application. The article examines the problem of organizationallegal support for the proper performance of the duties assigned to participants in the criminal process, guaranteeing the proper implementation of adversarial in criminal proceedings. The general concept of duty is given, and the definition of criminal procedure is formulated. The nature of the duties is revealed and their classification is proposed. The fundamental legal significance of the category "Adversarial" as a principle of criminal procedure is identified and the significance of criminal procedural duties as the main security means of the specified procedural category is justified. The provisions of the current criminal procedure legislation in Russia are critically analyzed from the point of view of the presence or absence of legal and organizational means in them that ensure the creation of the conditions necessary for the emergence of a real possibility of proper performance of duties by participants in the criminal process. It is established that the organizational and legal resources required to effectively ensure the proper performance of criminal procedural duties are insufficient. A problematic situation in criminal proceedings is revealed in the form of imperfection of the means intended to achieve his appointment in the context of the implementation of the adversarial legal regime. The views of scientists on the issues studied in the article are studied, analyzed and evaluated.Conclusions. The essence of the scientific problem of research is formulated and proposals are put forward aimed at improving the criminal procedure regulation of the proper behavior of legally liable participants in the criminal process in order to increase the effectiveness of ensuring the implementation of adversarial in criminal proceedings in Russia.

Issues of Compensation for Damages Caused to a Citizen as a Result of Armed Aggression: riminal and Procedural Aspects

Current issues of reparation for damages caused to Ukraine by Russia armed aggression: a full-scale war, unprecedented (compared to the Second World War and the rest of the wars of the 21st century) in scope, cruel in essence, genocidal in purpose, devastating in means and consequences are considered. One of consequences of war and war crimes committed by Russian aggressors starting from February 24, 2022, is massive destruction and damage to housing and other property of Ukrainian citizens. Within framework of initiated criminal proceedings, damages are compensated by filing a civil lawsuit. However, specifics of the grounds of such a lawsuit cause the occurrence of certain risks for the victim, as well as problems with law enforcement and the exercise of their powers by investigators and prosecutors. In particular, difficulties may lie in the impossibility of inspecting the scene of the incident, which will ultimately negatively affect the determination of the amount of damage caused (calculation of the material equivalent of the damage). Determining the amount of damage caused as a result of the destruction or destruction of housing is also problematic, as it often requires the appointment of an expert opinion, while the scale of the destruction within the state makes it impossible to conduct such an expert opinion in a reasonable time. Attention is focused on the issues of establishing the person who should be responsible for the claim, or the civil defendant. Possibility of overcoming the jurisdictional immunity of Russia as a defendant in the declared civil lawsuits was also considered. Conducted research made it possible to formulate proposals on mechanism of compensation for the damage caused, as well as on improvement of current criminal procedural legislation of Ukraine.

Investigative (search) and covert investigative (search) actions as means of proof in criminal proceedings related to illegal trafficking in firearms or ammunition

The subject matter of the study is to provide a detailed description of investigative (search) and covert investigative (search) actions as means of proof in criminal proceedings related to illegal trafficking in firearms or ammunition. The purpose of the article is to clarify the place, content, significance and system of such actions.
 It is suggested that the actions under study are inherent phenomena, necessary processes which include methods of collecting and verifying factual data to form appropriate admissible and reliable evidence as the basis for making a lawful, reasonable and well-grounded court decision in criminal proceedings related to illegal trafficking in firearms or ammunition. This study is aimed at creating preconditions for improving existing and developing new forensic recommendations and methods for investigating criminal proceedings related to illegal trafficking in firearms or ammunition, as well as developing proposals for improving the current criminal procedure legislation in terms of regulating evidence.
 As a result of the study, it has been obtained new scientifically substantiated results which contribute to improving the provision of investigative bodies with modern methodological recommendations aimed at increasing the efficiency of investigation of criminal offenses related to illegal trafficking in firearms or ammunition. It has been clarified the meaning of investigative (search) and covert investigative (search) actions as effective means of proof due to their cognitive and identification capabilities, the significance of these actions (ensuring obtaining proper, admissible and reliable proof) has been determined and their system (priority and subsequent, typical and exceptional) has been considered. It has been proved that these actions form the instrumental basis for the formation of the evidence base in the course of criminal investigations. It is concluded that a systematic approach to the formation and scientifically based analysis and generalization of the content of evidence are the conditions for the development of effective modern methods of investigating criminal offenses related to illegal trafficking in firearms or ammunition.

Examination in criminal proceedings: main problems and ways of their solution

The article, based on the analysis of current criminal procedural legislation, scientific sources, as well as the practice of conducting investigations in criminal proceedings, singles out the main problematic aspects of this investigative action and suggests ways of their possible solution. Emphasis is placed on the fact that the legal regulation of education within the limits of Art. 241 of the Criminal Procedure Code of Ukraine in certain provisions needs improvement due to insufficiently clear and unambiguous wording of some positions, which causes certain complications in their implementation in practice. Attention was drawn to the narrowed formulation of the purpose of study in Part 1 of Art. 241 of the Criminal Procedure Code of Ukraine, which may lead to the recognition of the evidence obtained as a result of this investigative action as inadmissible, because in addition to the goal of finding traces fixed in the norm, investigators in practice carry out their fixation and extraction. The prosecutor's exclusive authority to make a decision on conducting an investigation is recognized as a drawback, since this procedural mechanism from the point of view of practical implementation causes a significant loss of time, and in practice, an investigation often requires an urgent and urgent implementation. The problematic aspects of investigation related to conduct of this investigative action with the use of coercion against person under investigation, the implementation mechanism of which in some parts does not ensure compliance with procedural guarantees of individual rights, have been studied. In part of study of the proposal of some scientists regarding the possibility of establishing during the examination the presence of a person in a state of alcohol intoxication, it was determined that the establishment of the state of a person's body (in particular, intoxication, narcotic excitement, etc.) requires the use of special knowledge and should be decided by conducting a forensic examination examination, and not during examination. Emphasis is placed on the problems of the procedural design of the examination conducted by other subjects (expert, doctor), in cases when investigator cannot be present during the investigation. Based on the proposals made by scientists, ways of solving the above-mentioned problems are summarized.

Prospective areas of improvement of forensic expert activity based on international experience

The article identifies the main promising directions for the improvement of forensic expert activity based on the analysis of current criminal procedural legislation, scientific sources, as well as the practical performance of this activity in foreign countries. It is highlighted that the European integration of Ukraine necessitates the adoption of world standards in the field of forensic examination.
 In the modern world there is a fairly large number of specialised international organisations, whose work is related to international cooperation in the field of activities of forensic institutions, conducting certain types of expert research. Among them the European Network of Forensic Institutes (ENFSI) has significant importance. In addition to the general work in the field of quality and competence management, research and development, education and training, 17 different expert working groups deal with various forensic researches. It includes 54 expert institutions, 41 of which are located in the member states of the European Union. Therefore, the European Commission has recognised ENFSI as a monopoly organisation in the field of forensic examination.
 Recently, Ukrainian forensic expert institutions have been closely cooperating with ENFSI. This can be seen in the example of the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine (KNDISE), which maintains close international relations with scientific establishments, educational institutions of foreign countries, international and non-governmental organisations. KNDISE became a member of ENFSI in 2017.
 It was concluded that the task of an expert in any country is the same - to conduct a certain type of examination that will help resolve a legal dispute or simply a conflict situation using his special knowledge. Of course, each state has its own legal system, historically developed legal traditions, but forensic expert activity is based on common, first of all, scientific principles and methods. What is important in this activity is the establishment of cooperation and the exchange of acquired experience and technologies, the search for new ways and approaches to interaction.

Institution of Preliminary Investigation Suspension: Issues of Theory and Statutory Regulation

The author attempts to analyze the current criminal procedure legislation of the Russian Federation, as well as the system of scientific knowledge available in the theory of criminal procedure law for the need to improve the criminal procedure institution of preliminary investigation suspension. The reliability of the results is ensured by the integrated use of general scientific and private methods allowing formulating an idea of the modern criminal procedure institution of preliminary investigation suspension. The use of the comparative research method allowed the author to conclude that it is possible to implement certain criminal procedural norms of foreign legislation regulating the institution of suspension of a criminal case. The method of historical analysis used in the study allowed us to consider the evolution of this procedural institution and highlight the historical stages of its legal development. The statistical method provides for the study of the suspension of the preliminary investigation based on representative empirical material, which made it possible to identify objective patterns and formulate specific conclusions (it was used when taking into account the results of a survey of citizens). As a result, the author determines the elements inherent in the institution of preliminary investigation suspension and defines the concept. The suspension of the preliminary investigation should be understood as the complex activity of the competent state bodies and officials established by the Criminal Procedure Law, including the adoption of a temporary procedural decision on the suspension of the preliminary investigation, criminal prosecution, the production of procedural actions on the grounds that prevent further criminal proceedings provided for in the law, up to their elimination. According to the author, the main trends in the development of the institution of suspension of the preliminary investigation are: amendment of Chapter 28 of the Code of Criminal Procedure of the Russian Federation, which consists in replacing the phrase «suspension (resumption) of the preliminary investigative activities» with «suspension (resumption) of the preliminary investigation»; expanding the list of grounds for suspending the preliminary investigation; supplementing the criminal procedure legislation with an appropriate norm regulating the prohibition of decision-making on the suspension of the preliminary investigation carried out in the abbreviated form of inquiry; resolution of the issue of the production of investigative actions in suspended criminal cases.

Legal and organizational principles of person identification by appearance during the investigation of criminal offenses in Ukraine

The purpose of the study is to determine the legal and organizational basis for identifying a person based on appearance during the investigation of criminal offenses in Ukraine. In order to achieve the goal of the article, the authors used methods of synthesis and analysis. Statistical methods were also used, with the help of which the problems that make it impossible to carry out portrait examinations based on the materials of video recordings and photographs, as well as other revealing ones, are defined and displayed in percentage form. The logical method and the method of generalization were used when formulating the conclusions of the conducted research. The authors have determined the legal and organizational aspects of presentation for identification, conducting portrait examinations, and identification based on subjective portraits. Recommendations for improving the current criminal procedural legislation have been formulated. The factors that negatively affect the implementation of the researched methods of identification of a person based on appearance are determined.

CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING

The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.

Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence

The scientific article is devoted to certain aspects directly related to the procedural regulation of the interrogation of minors during the pre-trial investigation of criminal proceedings related to domestic violence. An analysis of international legal acts containing relevant standards in the researched field, provisions of the current criminal procedural legislation of Ukraine, as well as scientific works, whose authors worked on the outlined issue, has been carried out. This is due to the fact that sometimes in such proceedings the only source of evidence is the testimony of minor victims. In such cases, the process of obtaining and evaluating evidence is determined by age, individual psychological and many other characteristics of the interrogated.
 In criminal proceedings related to domestic violence, issues related to the place of interrogation of a minor and ways of recording it are quite relevant. On the basis of the conducted research, it has been substantiated that the interrogation of a minor should be carried out in a room: a) where the environment will be friendly for him or her; b) which is equipped with means for audio and video recording. Such statements are fully consistent with the “green room” method. Taking into account the above, it is proposed to make changes to the provisions provided for in Part 1 of Art. 226 of the CCP of Ukraine. In addition, attention has been drawn to the change in the philosophy of obtaining testimony from a minor regarding the circumstances of a committed criminal offense from interrogation to procedural interview.
 Interrogation of a minor must be carried out by an investigator according to the rules provided by the Code of Criminal Procedure of Ukraine. However, before the interrogation, the investigator must: select a suitable specialist psychologist; give them the opportunity to get acquainted with the materials of the criminal proceedings, taking into account the meeting with the minor; based on the circumstances to be proven, agree with the specialist on the content and form of the questions necessary for clarification. Taking into account the above, it has been concluded that it is considered necessary in the provisions of the current legislation to provide for this a specially authorized person - a juvenile investigator.

Examination in criminal proceedings: main problems and ways of their solution

The article, based on the analysis of current criminal procedural legislation, scientific sources, as well as the practice of conducting investigations in criminal proceedings, singles out the main problematic aspects of this investigative action and suggests ways of their possible solution. Emphasis is placed on the fact that the legal regulation of education within the limits of Art. 241 of the Criminal Procedure Code of Ukraine in certain provisions needs improvement due to insufficiently clear and unambiguous wording of some positions, which causes certain complications in their implementation in practice. Attention was drawn to the narrowed formulation of the purpose of study in Part 1 of Art. 241 of the Criminal Procedure Code of Ukraine, which may lead to the recognition of the evidence obtained as a result of this investigative action as inadmissible, because in addition to the goal of finding traces fixed in the norm, investigators in practice carry out their fixation and extraction. The prosecutor's exclusive authority to make a decision on conducting an investigation is recognized as a drawback, since this procedural mechanism from the point of view of practical implementation causes a significant loss of time, and in practice, an investigation often requires an urgent and urgent implementation. The problematic aspects of investigation related to conduct of this investigative action with the use of coercion against person under investigation, the implementation mechanism of which in some parts does not ensure compliance with procedural guarantees of individual rights, have been studied. In part of study of the proposal of some scientists regarding the possibility of establishing during the examination the presence of a person in a state of alcohol intoxication, it was determined that the establishment of the state of a person's body (in particular, intoxication, narcotic excitement, etc.) requires the use of special knowledge and should be decided by conducting a forensic examination examination, and not during examination. Emphasis is placed on the problems of the procedural design of the examination conducted by other subjects (expert, doctor), in cases when investigator cannot be present during the investigation. Based on the proposals made by scientists, ways of solving the above-mentioned problems are summarized.

Problematic issues of attracting criminal responsibility for the crimes against industrial safety

Purpose. To give recommendations on improving the legal acts to regulate the relevant legal relations in the field of criminalization of encroachments related to violation of labor protection legislation. Methodology. The study on problematic issues of prosecution for violating the requirements of labor protection legislation was carried out through the study and analysis of: legislative base of Ukraine; works of scientists in relevant fields; analysis of judicial practice (on the example of analysis of judicial practice in cases considered by courts of general jurisdiction of Dnipropetrovsk region and the Supreme Court for the last 15 years) on bringing persons to justice under Parts 1, 2 of Article 271 of the Criminal code of Ukraine Violation of requirements of the legislation on labor protection. Findings. Some problems that arise in the formation of the criminal law practice of prosecuting persons accused of criminal offenses related to violations of labor legislation, which has led to damage to the health of a worker or their death, including inconsistency of criminalization violation of the severity of negative legal consequences for the perpetrators. Originality. The work analyzes the problematic issues of bringing one to justice for violating the requirements of labor protection legislation if this violation has caused harm to the health of the victim or his death. Proposals aimed at amending and improving the current criminal and criminal procedure legislation of Ukraine are substantiated. Practical value. The norms of the responsibility for violation of the legislation on labor protection, judicial practice of the recent years on law enforcement of the corresponding norms are investigated in the work. It is concluded that the current criminal legislation needs to be changed in terms of strengthening the responsibility for the actions provided in Part 2 of Article 271 of the Criminal Code, in the form of increasing the sanction in the form of imprisonment and mandatory application of additional punishment in the form of a ban on holding relevant positions. The results of the study have implications for practicing lawyers, legal advisers and attorneys, lawmakers, and affected workers and their families in the event of the death of a worker.

FEATURES OF THE STAGE OF THE BEGINNING OF THE PRE-TRIAL INVESTIGATION UNDER THE CURRENT CRIMINAL PROCEDURE CODE OF UKRAINE

The article is devoted to the analysis of the historical, legal, and theoretical foundations for changing the normative model for the beginning of a pre-trial investigation under the current Criminal Procedure Code of Ukraine, as well as determining the main directions for further improvement of the criminal procedural legislation, etc. As a result of the study, several provisions and conclusions have been formed regarding the deepening of the theories of criminal procedure and forensic science, substantiation of proposals for improving the current criminal procedural legislation, and the development of modern methodology (techniques) for investigating crimes. It is noted that the current stage of criminal law enforcement requires the maximum approximation of the system of domestic criminal legislation to European standards. In this aspect, the formation of an effective system of pre-trial investigation is impossible without a comprehensive analysis and generalization of the state of crime in the country and abroad, means of combating it, and the processes of further reforming the criminal procedural legislation and the criminal justice system as a whole. It is emphasized that this problem was traditionally considered by domestic scientists in the plane of the Criminal Procedure Code of Ukraine in 1960. However, relying on the legislation of the past, they cannot fully satisfy the modern requirements and challenges of investigative practice. First of all, it concerns the determination of the beginning of criminal proceedings – the emergence of a criminal procedural legal relationship. The consideration of several drafts of the Code of Criminal Procedure of Ukraine of different editions on these issues is illustrated. Thus, during this study, we came to the following conclusions. An analysis of the criminal procedural legislation does not allow us to unequivocally deny the possibility of carrying out verification actions before entering information into the ERDR. However, the question arises as to how complete information about the act is necessary to obtain for the proper implementation of its preliminary legal qualification, clarification of other information listed in part 5 of article 214 of the Code of Criminal Procedure of Ukraine, as well as the fulfillment of the requirements of part 4 of article 26, article 477 of the Code of Criminal Procedure of Ukraine. According to Part 2 of Art. 93 of the Criminal Procedure Code of Ukraine, one of the ways to collect evidence by the prosecution is to conduct investigative (search) actions. At the initial stage of the pre-trial investigation, before entering information into the Unified Register of Pre-trial Investigations, in urgent cases, only an inspection of the scene of the incident can be carried out from the entire system of investigative (detective) actions provided for in the Code of Criminal Procedure of Ukraine. However, the criminal procedural regulation of the inspection of the scene in part 3 of Art. 214 Code of Criminal Procedure of Ukraine is imperfect. Among the shortcomings, one should first highlight the gaps in determining the legal grounds for conducting an inspection of the scene of an incident in a person’s housing or other possessions, the imperfection of the legal regulation of further work with temporarily seized property, determining the types of inspections that can be carried out, etc. These and other problems of legal regulation are detrimental to the effectiveness of the work of investigative and operational groups when visiting the scene. Meanwhile, a well-conducted inspection of the scene, the collection, and proper consolidation of evidence during the investigative action is the key to the effectiveness of the work at the initial stage of the pre-trial investigation and can ensure the achievement of the objectives of criminal proceedings (Article 2 of the Code of Criminal Procedure). Therefore, the shortcomings of the legal regulation of the inspection of the scene of the incident also determine the relevance of the chosen research topic and the need, based on the improvement of the current criminal procedural legislation. Summarizing certain shortcomings of the procedural and legal regulation of the beginning of a pre-trial investigation, we also note that the Code of Criminal Procedure of Ukraine in 2012 did not eliminate the problem of unjustified refusals to start a pre-trial investigation, but significantly improved the situation in the field of observance of the applicants’ rights to access to justice. Key words: criminal proceedings, beginning of a pre-trial investigation, departmental control, prosecutor’s supervision, judicial control

TO THE PROBLEM OF USING INFORMATION TECHNOLOGIES IN CRIMINAL PROCEEDINGS

The article is devoted to the analysis of the procedural order for working with information, highlighting the theoretical and legal foundations for implementation, as well as determining the main directions for further improving the criminal procedural legislation, and the like. As a result of the study, several provisions and conclusions were formed regarding the deepening of the theories of criminal procedure and forensic science, the substantiation of proposals for improving the current criminal procedural legislation, the development of modern forensic recommendations (technologies) for the investigation of crimes. We draw your attention to the fact that the high efficiency of crime investigation directly depends on modern information technology support of criminal proceedings. Analysis of regulations and investigative practice of using modern technologies for the use of information in criminal proceedings makes it possible to improve algorithms (forensic techniques) for investigating certain types of crimes. The problems of using information technology support for the investigation of crimes fell into the circle of studies of both foreign and Ukrainian scientists. However, the analysis of normative acts – the existing regulatory framework governing the issues of modern technologies for the use of information in criminal proceedings, allows us to make a preliminary conclusion that in the existing forensic studies, insufficient attention is paid to the use of modern technologies for the use of information in criminal proceedings. With the development of scientific and technological progress, the possibilities of technical and forensic methods and means in the investigation of crimes increase. An indicative situation in this respect was observed in forensic photography; now it is observed: in the use of the capabilities of the Internet, computer technologies (the formation of an element base on ultra-large integrated circuits, ensuring productivity up to 10,000,000,000 operations per second, the presence of artificial intelligence, which significantly expands the capabilities of computers in processing incoming information, the ability of a person to communicate with computers on natural language through speech and graphic exchange of information, etc.), nanotechnology, laser technology, robotics, the use of human intelligence, progress in engineering, medicine, chemical (pharmaceutical) industry, continued automation (workplace, mobile laboratories, etc). Increasing the efficiency of the use of forensic tools and methods is possible only under the condition of a systematic solution of interrelated problems of organization, legal regulation, scientific, technical, and methodological support of this process. It should be borne in mind that there are no “trifles” when cleaning up the traces of crimes with the use of technical and forensic means and methods to uncover and investigate crimes. Thus, during this study, we came to the following conclusions: 1) the dissemination of scientific and technical methods and means in law enforcement activities predetermines further scientific (theoretical) rethinking of legal, organizational, and tactical problems of their use; 2) information support of criminal proceedings, carried out at the present stage of development and reform of law enforcement agencies in Ukraine, requires a wider involvement and application of modern information technologies, and the latest achievements in various fields of science; 3) modern information technology is a complex tool that opens new prospects for application in investigative, operational, expert, advocacy, prosecutorial and judicial activities. Key words: innovation, information, criminal proceedings, crime investigation, modern technologies

ENSURING THE RIGHTS AND LEGAL INTERESTS OF THE VICTIM IN CRIMINAL PROCEEDINGS IN UKRAINE

The article is devoted to ensuring the rights and legitimate interests of the victim, the victim of a criminal offense in modern criminal proceedings in Ukraine. The problems in the mechanism of ensuring the rights and legitimate interests of the victim of a criminal offense are highlighted and ways to solve these problems are proposed. The article describes the provisions of the current criminal procedure legislation of Ukraine, which determine the legal status of the victim, his representative, and legal representative in the criminal process. Attention is focused on their procedural rights. It is noted that the realization by the victims of certain procedural rights and legitimate interests during the pre-trial investigation and in court is problematic since the national system for ensuring the rights and legitimate interests of the victim of a crime does not meet international standards. The author of the article draws attention to the existing legal conflict in determining the place and role of the victim as a participant in criminal proceedings. According to some provisions of the Criminal Procedure Code of Ukraine, in some cases he belongs to the side of the prosecution, according to others, he does not belong to the parties to the criminal process, remaining an independent participant in the process. Such a provision detracts from the role of the victim, in violation of the principle of competitiveness, puts him in an unequal position with the defense, and gives rise to a formal attitude of investigators, prosecutors, and judges towards the realization of his rights and legitimate interests. The examples of the judicial practice of the Supreme Court show the shortcomings of the legal regulation of procedural relations with the participation of the victim as the successor of the deceased victim of the crime. The impossibility for the victim is critically assessed: to appeal against the court during the pre-trial investigation of certain procedural actions and decisions of the investigator, the prosecutor, on which the admissibility of the evidence collected by the prosecution depends; take advantage of free legal assistance; receive compensation from the state budget for the harm caused to him by the crime. Changes to the current legislation are proposed to improve the system for ensuring the rights and legitimate interests of the victim. Key words: criminal proceedings, victim, representative of the victim, rights and legitimate interests, securing a criminal offense.

Influence of the Positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights on the Сontent of the Adversarial Principle in Criminal Procedure Law

In the context of the constant development of the practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights, the relevance of the issue of its place and role in the legal system inevitably increases. The principle of competitiveness of the parties was introduced in Russian criminal proceedings more than 150 years ago, but its implementation was directly related to the existing legal system of a particular period. Despite the significant contribution of law enforcement practice to the development of theoretical provisions on the content of the adversarial principle, many positions characterizing this principle remain controversial. Until now, there is no consensus on the limits of its manifestation and the relationship with other principles, as well as the appointment of criminal proceedings. The purpose of the work is to develop a practical understanding of the content of the adversarial nature of a criminal case in court from the standpoint of the highest judicial instances. This goal predetermined the need to identify the existing provisions formulated in the decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights regarding the determination of the adversarial nature of the parties in the course of criminal proceedings. As a methodological basis, the work used formal-logical methods (induction, deduction, analysis, synthesis, hypothesis, analogy), ascent from the abstract to the concrete, as well as some special scientific methods: historical, comparative-legal, technical-legal. The theoretical significance of the work lies in the formulated proposals that can be used in improving the current criminal procedure legislation and in further theoretical developments of the adversarial principle in criminal proceedings, as well as in the law enforcement activities of the courts.

On the Issue of the Possibility Classifying Certain Procedural Actions as Investigative in Criminal Proceeding

The article is devoted to the problems arising in connection with the possibility of classifying some actions as investigative in the criminal process. Current criminal procedure legislation sets mandatory list of investigative actions. However, in the theory of criminal procedure discussions continue about the attribution of some procedural actions to investigative. The author analyzes theorists’ opinions, judicial practice on controversial issues. The author comes to the conclusion based on the analysis of scientists' opinions, practices that the detention on suspicion of committing a crime of a person, seizure of property, implementation and destruction of evidence cannot be investigative actions and are procedural actions since these actions do not entail getting important and necessary information for the criminal case under investigation. The position is substantiated that actions such as exhumation, getting samples for comparative research may be recognized only as procedural actions since they are held as a rule before the start of some investigative actions, in particular, examination of the corpse and scheduling an expert examination, and a protocol of examination of the corpse and the expert's conclusion are subsequently used as the evidence in criminal cases. The author is convinced that the seizure of property also cannot be recognized as an investigative action because it affects the execution of the sentence made in relation to a particular person and the impossibility of using the property. The conclusion is justified about the need to make changes in the Criminal Procedure Code of the Russian Federation and the addition of the norm on the «electronic evidence» as well as proper regulation of the site or computer networks inspection.

Trends in the use of tactical techniques in the preliminary investigation

This article deals with the implementation of achievements of criminalistic tactics in investigative activities, which find their expression in the developed tactical techniques for the production of certain investigative actions. Tactical techniques have been the subject of research for a long time yet while there is still no single approach to this category. In particular, there is no uniformity in proposed definitions of this concept, criteria for its admissibility, etc. It is noted that in forensic science, a fairly large number of different grounds for classifying tactical techniques have been proposed. One of the most common grounds for dividing tactical techniques is such a feature as the applied type of special sciences that were used in their development. In the classification according to the specified criterion, special attention is paid to tactical and psychological techniques, that is, based on provisions of psychology. Taking into account the fact that a number of tactical and psychological techniques are enshrined in the current criminal procedure legislation, it becomes necessary to develop recommendations that take into account their psychological content. Only if this condition is met will the established goals of criminal proceedings be attainable. The features of the use of tactical and psychological techniques during interrogation, face-to-face confrontation, and presentation for identification are considered. Such features, among other things, are due to the need to ensure the protection of the rights and freedoms of participants in criminal proceedings. Deviations from forensic recommendations are indicated, when the available tactical and psychological techniques remain unrealized due to the applied formal approach.