Pre-trial Investigation Bodies Research Articles

International experience in regulating of the pre-judicial investigation bodies jurisdictions

The article is devoted to the study of the concept and legal implementation of the institution of the pre-judicial investigation bodies jurisdictions in Ukraine and the legal systems of European countries and the USA.
 Analyzed the approaches to determining responsibility and the peculiarities of the organizational component of responsibility of pre-trial investigation bodies are also described.
 It is noted that the lack of detailed legal regulation of the institution of liability in Ukrainian legislation determines it necessary to search for approaches in scientific doctrine, as well as practical solutions based on the example of existing legal systems of other countries.
 The article analyzes that, similar to the provisions of Ukrainian legislation, the definition of the concept of jurisdiction in various legal systems is quite rare. In addition, the analysis of different jurisdictions indicates the similarity of approaches to understanding the rules of jurisdiction. Similar to the Ukrainian legislation, the aspect of determining and changing responsibility belongs to the powers of the prosecutor’s office.
 It was noted that one of the main differences between pre-trial investigation bodies jurisdiction in Ukraine and in other European countries (Germany, France, and England) and the United States is the presence in Ukraine of institutionally separated subjects, in addition to the police, which are authorized to carry out pre-trial investigations.
 The legal norms that indicate the rules of jurisdiction determine the direction of activity of pre-trial investigation bodies, but unfortunately there is no regulation of the relationship between the investigation and compliance with the relevant jurisdiction. Moreover, the tendency to increase the number of pre- trial investigation bodies requires detailed legal regulation and clear procedural and procedural norms which would provide an opportunity to avoid a conflict of jurisdiction for pre-trial investigation bodies.
 Also was analyzed the European Union experience in solving the problem of the conflict of jurisdictions of bodies that carry out pre-trial investigation of member states. As part of this was described the work of the Eurojust which is authorized to solve problems with the specified conflicts of jurisdictions.
 Separately the article points out the relationship between violations of jurisdiction and the doctrine of «fruits of the poisoned tree» using the case law of the European Court of Human Rights and individual European countries as an example.

Interaction of law enforcement agencies within the framework of international cooperation during the gathering electronic evidence of the commission of a crime

The article deals with issues related to the interaction of law enforcement agencies within the framework of international cooperation during the gathering of electronic evidence of the commission of a crime. Some aspects of the procedural order of providing/receiving a request for international legal assistance and the procedural activities of joint investigative groups have been analyzed.
 Such features of electronic evidence of the commission of a crime as resistance to external interference and the time of preservation of electronic information on a certain medium, which directly affect the vectors of interaction of law enforcement agencies, are singled out.
 Attention was drawn to certain normative and legal provisions of the Criminal Procedure Code of Ukraine; Instructions on the organization of the interaction of pretrial investigation bodies with other bodies and units of the National Police of Ukraine in the prevention of criminal offenses, their detection and investigation; of the Second Additional Protocol to the Convention on Cybercrime, which relate to issues of law enforcement cooperation and international cooperation.
 The shortcomings of the legal consolidation of certain procedural actions within the framework of international cooperation, which affect the subject of interaction of law enforcement agencies during the gathering of electronic evidence of the commission of a crime, in particular in emergency situations, are indicated. It was established that as a result of gaps in the law, which relate to the procedure for collecting electronic evidence during the investigation of crimes, in some cases, law enforcement agencies are forced to find ways to interact with other subjects on a voluntary basis. However, in the absence of voluntary consent from the other party, such an approach is not effective, and in combination with the overly bureaucratic order of international cooperation, the time spent on its compliance and the peculiarities of electronic evidence may lead to the loss of such evidence.
 Taking into account the shortcomings of the legislation, appropriate proposals for amendments and additions to the Criminal Procedure Code of Ukraine were provided.

International standards for the application of the presumption of innocence in criminal proceedings

The presumption of innocence is an internationally recognized standard of criminal justice. However, law enforcement practice shows a lack of legal certainty regarding the understanding and implementation of certain provisions of this principle of criminal proceedings. The purpose of the publication is to identify and systematize the internationally recognized standards of guaranteeing the right to the presumption of innocence. The study used such methods of cognition as comparison, analysis, generalization, and a systematic approach, which made it possible to describe the results and substantiate the conclusions drawn. It is determined that, according to the case law of the European Court of Human Rights, the purpose of the presumption of innocence is to: ensure a fair trial by preventing accusatory judicial bias; prevent the formation of premature public opinion regarding the guilt/innocence of the accused, which may adversely affect the impartiality of the court; and protect persons who have been acquitted or whose proceedings have been closed on rehabilitative grounds. Ensuring the presumption of innocence requires ensuring that this right is real, not imaginary. It is established that when determining whether the principle of presumption was violated by public officials when informing the public about the progress of criminal proceedings, the European Court of Human Rights takes into account whether the officials' statement prompted the public to believe in the guilt of the person before the court passed a verdict and whether these statements could have influenced the assessment of the facts when making a court decision. When assessing statements made by public officials, it is necessary to distinguish between a statement of suspicion of committing a criminal offence and a statement that a person has committed a criminal offence in the absence of a conviction; to consider the context in which the statement was made and to take into account the actual content of the statements. The author substantiates the rules of the presumption of innocence in time: it is valid until the court verdict enters into force; a guilty verdict does not cancel a person's right to the presumption of innocence until it enters into force; the adoption of an acquittal or the closure of criminal proceedings on rehabilitative grounds requires that a person be found innocent and treated accordingly. The study will ensure unified law enforcement practice of pre-trial investigation bodies, prosecutors, and courts in respect of compliance with the rules of the presumption of innocence, which will contribute to the rule of law

Specificity of special knowledge use by the defense attorney in criminal proceedings

This paper outlines the study of special knowledge use by defense attorney in criminal proceedings and its specificity. It is noted that defense effectiveness is directly determined by correct tactical decisions made within the criminal proceedings, namely structuring the defense algorithm to achieve the desired result. Selection of such tactical solutions depends, in particular, on the level of defender’s special knowledge or one’s awareness regarding its application by other authorized parties.
 The aim of this paper is to determine the specificity of special knowledge use in criminal proceedings by the defense attorney.
 Paper provides a linguistic and academic interpretation of the «special knowledge» concept. Authors note that it is necessary to take into account the purpose of its use (that is, not only for investigation, solving or prevention of criminal offenses, but also for the protection of rights, freedoms and legitimate interests of the suspect, accused and other subjects under Article 45 (1) of the Criminal Procedure Code of Ukraine) while defining the content of the specified concept. Attention is also paid to forms of special knowledge application by the defense attorney in criminal proceedings. It is emphasized that one may support the investigative process and justification of defense position based on the opinion of a specialist or expert with such justification grounded for the prosecution party.
 Author concludes that specificity of special knowledge use by the defense attorney in criminal proceedings stipulates: ability to directly apply it (independently), but with limits in comparison to pre-trial investigation bodies, and indirectly (involve a specialist or forensic expert (or request their opinions) via an investigator, inquirer, prosecutor, investigating judge, court to); use of knowledge backed by well-known constitutional principle «everything is allowed unless expressly prohibited by law» - authorized persons of pre-trial investigation bodies, though, use it only in accordance with a specific clause from a legal act of a different hierarchical level (based on legal force).

Legislative Innovations in Pre-trial Investigation and Judicial Examination of Criminal Cases

The article is dedicated to the analysis and assessment of legislative innovations introduced into the procedures of pre-trial investigation and judicial examination of criminal cases. A comprehensive analysis of the regulatory framework governing this area is conducted, taking into account recent changes and amendments.
 The article discusses key changes aimed at enhancing the efficiency of pre-trial investigation and judicial examination of criminal cases, as well as safeguarding the rights and legitimate interests of participants in the criminal process. Special attention is given to innovations designed to expedite case proceedings, ensuring, transparency and justice in the administration of justice.
 Within the scope of the conducted research, prospects for implementing the aforementioned legislative novelties into the practice of investigation and adjudication of criminal cases are identified. The authors provide well-founded recommendations for further potential directions in refining legislation in this area to enhance the efficiency and fairness of criminal justice.
 The article aims to determine optimal strategies and practical measures to support the integration of positive changes into the judicial system, particularly by incentivizing ethical conduct among pre-trial investigation bodies and the prosecution.
 The conclusions of the article not only help identify shortcomings in legislation but also offer constructive recommendations for overcoming challenges in the field of justice, contributing to the development of legislation for the effective protection of citizens’ rights in contemporary conditions.
 This article serves as a significant contribution to understanding and discussing the impact of innovations on the criminal process, and it may be valuable for practicing lawyers, researchers, and legislators interested in the field of criminal law and procedure.

Forensic Veterinary Medicine Methods for Determining Defects in Veterinary Care

This research paper purpose is to develop forensic veterinary medicine to determine defects in veterinary care. General and special scientific methods were used to achieve the goal. The author’s methods of forensic veterinary medicine of defects in veterinary care carried out in five stages: familiarization and training one, managerial and informational ones, research and analytical ones, generalization and evaluation ones and final one. It has been proven that the forensic veterinary examination should determine the defect existence and provide conclusion on availability or lack of a cause-effect relation between the lack of veterinary care and a negative consequence for the animal and the main cause of such a consequence. Attention is focused on the fact that the forensic veterinary commission should assess timeliness, volume and validity of performed diagnostic and medical and tactical veterinary measures, correctness of surgical interventions or veterinary manipulations and their compliance with current regulatory documents. It is substantiated that the proposed author’s methods unify approaches to forensic research, minimizes subjectivity of forensic assessment of actions of veterinarians; expands the cognitive capabilities of pre-trial investigation bodies and the court; contributes to improvement of criminal and administrative legislation of Ukraine in terms of legal responsibility of veterinary workers for professional offenses. The key issues arising due to improper performance of professional duties by veterinarians are highlighted and ways to their solving are proposed.

Dactyloscopic accounting in Ukraine: legal regulation and development trends

In the process of performing their duties, employees of the National Police of Ukraine are constantly faced with the task of identifying a person based on biometric data. One of the types of such identification is identification by fingerprints. According to the current legislation, the National Police fills and maintains up-to-date registers and data bases (banks) that are part of the unified information system of the Ministry of Internal Affairs of Ukraine, including collecting biometric data of individuals through fingerprinting.
 Automated dactyloscopic identification systems are also used in expert services. In addition, information on the biometric characteristics of a person is also contained in the State Migration Service of Ukraine, which is a subdivision of the system of the Ministry of Internal Affairs of Ukraine. It ensures maintenance of the Unified State Demographic Register, where biometric data (parameters) of a person are recorded. The latter means digitized fingerprints, digitized face image.
 Thus, pretrial investigation bodies within the framework of criminal proceedings in order to obtain information about the biometric parameters of a person can turn to specialists not only of the Expert Service of the Ministry of Internal Affairs of Ukraine, but also to the Department of Information and Analytical Support of the National Police of Ukraine, the State Migration Service of Ukraine.
 The Criminal Procedure Code of Ukraine defines only the procedure for taking biological samples from a person for examination as part of criminal proceedings. The rules of collection, accumulation, storage, use and destruction of biometric data are disclosed only in secondary legal acts, which have many contradictions among themselves. Unfortunately, in our country there are cases when the information contained in the information and search systems of the Ministry of Internal Affairs of Ukraine is not deleted in a timely manner, which violates the rights and freedoms of citizens.
 Therefore, the legal regulation of the collection of biometric data is extremely important and relevant, as many issues remain unsettled at the legislative level.
 Today, the current system of automated dactyloscopic records of the Ministry of Internal Affairs of Ukraine needs technical improvement and legal regulation of data collection with respect for the protection of human rights and fundamental freedoms. The authors propose to resolve the issue of legal support for dactyloscopic registration and other biometric data by adopting a law on biometric registration, which would define its types, the order of formation and use. Researchers consider it necessary to implement multimodal biometric technologies that can search for several biometric parameters with the possibility of combining them.

Peculiarities of the procedural status of the subject authorized to carry out pre-trial investigation of criminal offenses

In the article, based on the study of the norms of domestic legislation, the analysis of the practice of investigation of criminal offenses, as well as scientific works on the relevant subject, the legal basis of the activity of investigation units, their functions, rights, duties and powers is defined. Attention is focused on the most problematic aspects of the procedural status of subjects authorized to investigate criminal misdemeanors. It is emphasized that the provisions on granting the authorized person of other subdivisions the authority to conduct inquiries are laid out without taking into account the principle of legal certainty (Article 8 of the Constitution of Ukraine). It is emphasized that the provisions of Art. 19 and 92 of the Constitution of Ukraine provides for the definition of the organization and activity of pre-trial investigation bodies exclusively by the laws of Ukraine, at the same time, the key regulator of the activity of investigation units in the system of the National Police of Ukraine is a subordinate legal act, and the Law of Ukraine “On the National Police” does not separately define the issue of the organization and activity of units inquiry of the NP of Ukraine. Attention was drawn to the inconsistency of the norms of the Code of Criminal Procedure, which fix the powers of inquirers in terms of the possibility of conducting investigative (search) actions, in particular, clause 3, part 2 of Article 401 of the Criminal Procedure Code of Ukraine records the powers of the investigator to conduct or entrust their conduct to other subjects, while certain articles of the Criminal Procedure Code of Ukraine do not directly provide for the right of the investigator to apply for the conduct of, for example, a search, because in Part 3 of Art. 234 of the Criminal Procedure Code of Ukraine, the inquirer is not mentioned as a subject who can apply to the investigating judge with a corresponding request (as an investigator or prosecutor). It was established that in practice this leads to an ambiguous position of investigative judges in granting such requests. It was concluded that the legal regulation of the activities of entities authorized to carry out inquiries currently requires improvement, primarily by making changes to the legislative acts that determine the procedural status of the specified persons.

Ensuring the rights of a victim the course of preventive measures application in criminal proceedings

The article analyzes problems of ensuring the rights of a victim when choosing preventive measures in criminal proceedings. The position has been argued, according to which the victim, his representative and a legal representative have the right to participate in hearing of a motion for the application of preventive measures by an investigating judge or a judge and to appeal the decisions made by the court. It has been established that when adopting the judgement on preventive measures, the rights and legitimate interests of the victim are affected, including those related to the need to protect his personal safety from threats by the suspect or to ensure compensation for material damage caused by the crime, in that case he, his representative and the legal representative have the right to bring to pre-trial investigation bodies, a prosecutor and an investigating judge notice, their position regarding the selection, extension, change, cancellation of this or that preventive measure against the suspect, as well as to appeal the decision. Herewith, the possibility of an appeal cannot depend on whether the victim directly participated in the court hearing. Likewise, the victim and his representative have the right to become familiar with those materials on the basis of which the decision is made. When an investigating judge considers a motion for the application of preventive measures, the victim, his representative, and the legal representative must have the right to file a motion, including the one on the detention of the suspect, on cancellation or replacement of this preventive measure with another, to participate directly in the court consideration of a motion submitted by them or other participants in the petition process, to appear before the court and present their position and arguments, to appeal the decision of the investigating judge to the court of appeal. Proposals are made regarding the expediency of eliminating legislative conflicts by making appropriate normative corrections, namely to supplement Part 1 of Art. 193, Parts 1 and 2 of Art. 331 of the Criminal Procedure Code and Part 3 of Art. 315 of the Code of Criminal Procedure, provisions that will provide the right to a victim, his legal representative and a representative to apply for the choosing, change, cancellation, extension of the preventive measure against a suspect, an accused, as well as to appeal the relevant decision of an investigating judge, a court in the appeal procedure.

Особливості дистанційного кримінального провадження в умовах воєнного стану

The article is devoted to the study of the peculiarities of remote criminal proceedings caused by the introduction of martial law on the territory of Ukraine. The importance and relevance of the issue of the use of the video conference mode in the criminal process during the war are outlined. The article analyzes the legislative innovations that were established in connection with the full-scale invasion of the Russian Federation, in particular, the possibility of conducting remote court proceedings at the initiative of a judge or at the request of the participants in the proceedings, its implementation using the technical means of judges, lawyers, witnesses and other subjects of the process. The relevance of establishing the possibility in connection with the objective circumstances of joining the participant in the video conference mode using other means, rather than the technical means specified by the Criminal Procedure Code of Ukraine, is substantiated. Disadvantages that are characteristic of remote criminal proceedings and give rise to certain risks of violation of the procedural form are highlighted, in particular, the lack of possibility of reliable identification of the person acting as a participant in the legal process, lack of opportunity for the accused to communicate confidentially with his lawyer, lack of clear information about the participant's awareness of his rights and obligations ties, as well as the ability to ensure the absence of outside influence, pressure on participants, impartiality and confidentiality of the judicial process. The expediency of the further use of the Custody Records system and the EasyCon communication platform in the activities of pre-trial investigation bodies, which, among other advantages, ensure a reduction of the risk of illegal influences on the participants of criminal proceedings during the conduct of procedural actions in a remote mode, is substantiated. The expediency of integrating elements of the Unified Register of Advocates of Ukraine into the "Electronic Court" subsystem, as well as the development of a mobile "eCourt" relationship, was analyzed.

Types of fixing the involvement of a specialist in criminal proceedings

The article examines the importance of involving a specialist in criminal proceedings as a person who, unlike the subject of the investigation, has such professional competences (in the form of knowledge and skills) that allow establishing factual data about the circumstances relevant to the proceedings. Cases of mandatory involvement of a specialist in procedural actions are determined.
 Attention is focused on the correct definition of the purpose of involving a specialist in procedural actions - gathering evidence, in connection with which the opinion is substantiated regarding the importance of such registration of the results of the involvement of a specialist, which would ensure the appropriateness and admissibility of the collected evidence and their further use in the proving process.
 An analysis of the types of fixation of the involvement of a specialist in criminal proceedings determined by the Criminal Procedure Code of Ukraine is carried out and an assessment of their procedural capacity is carried out in relation to the defined purpose of the involvement of a specialist. Conclusions about the inability of certain types of fixation of the specialist's involvement in procedural actions defined by the legislator as evidence are substantiated. Emphasis is placed on the loss of evidence when choosing such types of fixation of the involvement of a specialist.
 The advantages of this type of fixation of the results of the involvement of a specialist in criminal proceedings are determined as a written explanation of the specialist who participated in the relevant procedural action, attached to the proceedings as an appendix to the protocol. By analyzing the constructions of criminal procedural norms, the place of such explanations in the system of procedural sources of evidence is determined. The position regarding the possibility and expediency of forming written explanations of specialists in the form of certain professional conclusions is substantiated.
 The opinion is advocated regarding the need to replace a specialist's written explanation, as a form of reflecting the results of his application of his professional competences, of such a "dead" institution in the investigation of criminal misdemeanors as a specialist's conclusion, which did not find its implementation in the practical activity of pre-trial investigation bodies.

INTERACTION OF SUBJECTS OF FORENSIC EXPERT ACTIVITIES AND PRE-TRIAL INVESTIGATION BODIES AND THE PROSECUTOR’S OFFICE IN MODERN CRIMINAL PROCEEDINGS IN UKRAINE

The article deals with the issues of interaction between the subjects engaged in the forensic expert activity and the bodies of pre-trial investigation and the prosecutor’s office in modern criminal proceedings in Ukraine. The existing problems in the mechanism of interaction between the subjects engaged in forensic expert activities and the bodies of pre-trial investigation and the prosecutor’s office in modern criminal proceedings of Ukraine are noted and ways to solve these problems are proposed. It is noted that despite the unprecedented challenges faced by law enforcement agencies in their activities during the armed aggression of the russian federation against Ukraine, the implementation of the main provisions of the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies as part of the Security and Defense Sector of Ukraine for 2023-2027, approved by the Decree of the President of Ukraine dated May 11, 2023 No. 273/2023, largely depends on the effective operation of the system of forensic expert support of justice. The nature of procedural relations arising in connection with the appointment and conduct of forensic examinations in criminal proceedings implies active interaction of forensic experts and the entities that appointed the examination, and other persons. The state of organization of this interaction directly depends on the effectiveness of both forensic activities and the activities of criminal justice bodies. However, investigative error in the appointment and conduct of forensic examinations continues to be a typical phenomenon of criminal justice in Ukraine, which is caused by the shortcomings of the legal regulation of the interaction of pretrial investigation bodies and the prosecutor’s office with the subjects of forensic activity. Various approaches to determining the interaction between pre-trial investigation bodies and the prosecutor’s office and subjects of forensic activity are considered. It is indicated that it is carried out with the aim of the most rational use of special knowledge during criminal proceedings, in accordance with the law, according to certain principles, at different levels and in different forms. The main forms of interaction carried out by forensic expert institutions have been characterized, among which one is the main one conducting examinations on procedural decisions of pre-trial investigation bodies, prosecutor’s office, investigating magistrate, and court, since as a result of its use, an expert’s opinion appears as a source of evidence. Based on the analysis of the provisions of normative legal acts that determine the procedure for interaction between pre-trial investigation bodies, prosecutors and subjects of forensic expert activity in criminal proceedings, it is concluded that it is necessary at the level of law to regulate the issues of conducting such traditional types of forensic examinations as additional, repeated, comprehensive, as well as to determine the powers of heads of forensic institutions.

INTERNATIONAL COOPERATION OF PRE-TRIAL INVESTIGATION BODIES IN THE FIGHT AGAINST ORGANIZED CRIME IN THE FIELD OF TAXATION

The article deals with the issues of international cooperation between law enforcement agencies of states and international organizations in combating organized crime in the field of taxation. The forms and directions of the interaction of pre-trial investigation bodies with law enforcement agencies of other countries in countering organized crime in the field of taxation are analyzed. The study studied international treaties, the legislation of states (Ukraine, Germany, Poland, Italy), scientific achievements of scientists, statistical data on registered criminal offences and the results of their pre-trial investigation, and materials of criminal proceedings. According to the results of the study, the interaction of investigative units with other law enforcement agencies and their units in Ukraine, as well as law enforcement agencies of other states, is proposed to be considered in two senses. One of them – is a guide, the principle of organization, which should guide the investigation process. The second – as a structural element of the methodology for investigating certain types of crimes, which should contain information about the experience of interaction of the investigator with other departments of law enforcement agencies, government agencies and public organizations, and, if necessary, with law enforcement agencies from other countries of the world (international cooperation). The levels of international cooperation in combating crimes in the field of taxation committed by organized criminal groups are determined: bilateral (allows to take into account the peculiarities of law enforcement activities of each party to a greater extent, to agree on issues that are not equally regulated by the national legislation of each of them); regional (based on the principle of territoriality and allows taking into account the interests of the states of a particular region); universal (cooperation is carried out on the basis of Ukraine’s participation in world international organizations). Forms of international cooperation in the field of combating crime are international legal assistance (conducting investigators and other legal proceedings, etc.), extradition of a person suspected of committing a crime (extradition institute), taking over of criminal proceedings; transfer of convicts to deprivation of liberty for further execution of punishment; international search; information exchange. Proposals have been formulated to improve the interaction of investigative units with law enforcement agencies of other states in combating organized crime in the field of taxation based on the provisions of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 2001 on the possibility of direct communication between the competent authorities of Ukraine and the competent ones.

Changes in the legal regulation of criminal proceedings under martial law

Russia’s full-scale war against Ukraine has caused changes in the everyday life of Ukrainians, as well as in the functioning of state bodies and institutions. This has led to relevant amendments and additions to a number of legal acts, including criminal procedure legislation. The rules governing pre-trial investigation and court proceedings under martial law have also been amended. However, the analysis of the Criminal Procedure Code of Ukraine shows that some of the innovations are generally positive, but certain aspects of legal regulation may raise doubts and concerns, and are quite controversial and controversial.
 Under the new rules of pre-trial investigation, investigators and prosecutors can reduce the role of defence counsel, and are allowed not to involve them in all stages of the process or to do so via audio and video conferencing. However, this practice may limit the ability of defence counsel to perform their duties, as they will not be able to be at the scene and will not be able to effectively defend their client at all stages of the investigation. Under the proposed amendments, the prosecutor will receive powers that previously belonged only to the investigating judge, if circumstances make it impossible for the latter to perform his or her duties. However, the law does not provide a clear list of such situations, so the prosecutor will decide whether the investigating judge can perform his or her functions. This leads to a lack of judicial control over the observance of human and civil rights and freedoms and puts the defence at a disadvantageIn addition, such amendments directly violate Article 124 of the Constitution of Ukraine, which prohibits the delegation of court functions and their appropriation by other bodies or officials.
 The investigator and prosecutor may obtain evidence of a person's guilt, which may contradict his or her rights and freedoms. Nevertheless, the court has no right to disregard such evidence, which may lead to possible abuse by the investigator and prosecutor, which may result in human rights violations and unfair sentences.
 The heads of the prosecutor's office and pre-trial investigation bodies are entitled to seize the property of suspects or accused persons without a trial. However, if the criminal proceedings are subsequently closed or the person is found not guilty, the law does not require the return of such property or compensation for its value. This can lead to mass deprivation of property without the possibility of return.
 In this context, there is a need to eliminate legislative conflicts for effective and unambiguous practical implementation of legislative provisions for the purpose of investigating criminal proceedings under martial law.

Optimizing the balance between education and practice as a factor in improving the quality of criminal proceedings

This paper is part of a study of balance in criminal proceedings. According to the author’s concept, this balance is realized (1) at the level of institutions, (2) at the level of practice, and (3) at the personal level. At the personal level, a prominent place is given to the education of personnel of pre-trial investigation bodies, prosecutors and judges. Synergy and a close correlative connection between education and practice form the basis of high-quality criminal proceedings and implementation of the tasks of the criminal justice system. The scientific doctrine contains a critical vision of modern legal education in Ukraine. Therefore, the purpose of the study is to explain the author’s answer to the question: how to optimize the professional training of subjects of criminal procedural activity. The substantive part of the article is divided into three sections. The first chapter deals with changing approaches to the educational process (awareness of the impossibility in the modern world to prepare a specialist for all cases; the need to develop self-education skills; the prevalence of interactive, innovative methods of professional training; the development of creative thinking; the need to review the requirements for methodical support of the educational process). Attention is drawn to the institute of assistant investigator. The second chapter is devoted to the problems of reforming the mentoring institute (implementation of measures to stimulate the performance of the mentor’s duties; changes in approaches to the criteria for evaluating the quality of practical training; analysis of the experience of foreign colleagues regarding gradual “entry” into the profession). In the third section, the issue of reforming the institute of professional development of the personnel of pre-trial investigation bodies, the prosecutor’s office and the court is considered (predominance of training, pluralism of topics and the possibility of choosing the direction of professional development by the target audience for the acquisition (strengthening, improvement) of certain competencies). The final part of the article provides a brief summary of the research results.

Formation of the institute of pre-trial investigation on Ukrainian lands (XI – late XIX centuries)

The target of the study is to determine the stages of development of the institute of pre-trial investigation, which operated on Ukrainian lands in the period of the 11th-end of the 19th century. Achieving this target is ensured through the search for scientific and theoretical constructions based on specific historical and legal material. The methodological basis of the work is a comprehensive approach to the analysis of regulatory legal acts – monuments of history, which established and regulated the implementation of pre-trial investigation on Ukrainian lands of the specified period. The basis is the dialectical method of research, methods of analysis, comparison, and historicism, which ensure the identifi cation of the inner essence of phenomena through the characteristics of the dynamics of their development and external manifestations. The results: the main stages of the formation of the institution of pre-trial investigation in Ukrainian lands (XI - end of XIX centuries) are disclosed. In our opinion, the materials of the article can be used for further scientific research, as well as the preparation of new courses on the theory and history of the state and law, which are taught in higher education institutions of Ukraine, mainly when studying the formation and development of the system of pre-trial investigation bodies of Ukraine. The discussion of the obtained results consists in the fact that the article attempts to determine and analyze the stages of the formation of the institution of pre-trial investigation in Ukrainian lands (XI – end of XIX centuries). The conclusions proposed by the author are important for the further development of Ukraine's inquiry and investigation bodies, in-depth scientific research of legal problems, practical implementation of these historical assets in the reformation of state law enforcement agencies authorized to carry out pre-trial investigations. The research materials can be used in the direct practical activities of representatives of law enforcement agencies, scholars of the history of law and legal students. In addition to the scientific significance, as well as the possibilities of application in the educational process of this article, it should be pointed out its relevance in relation to the law-making and legislative process. The practical significance of the article lies in the fact that it is a contribution to the formation of scientifi c, historical and theoretical concepts about the formation and development of the procedure of pre-trial investigation in Ukrainian lands (XI – late XIX centuries). Key words: pre-trial investigation, «Ruska Pravda», criminal proceedings, charter princely deeds, Ukrainian lands, judicial reform of 1864.

THE ROLE OF POST-MORTEM BIOCHEMISTRY IN THE FORENSIC MEDICAL DIAGNOSIS OF MECHANICAL INJURY (literature review)

Background. Mechanical trauma occupies one of the leading places in forensic medical examination. The main task of the expert, when conducting this kind of examination, is to provide a scientifically based answer to the questions of the pre-trial investigation bodies or the court, which relate not only to the determination of the mechanism of the injury, but also to the time period of its occurrence. Traditional methods of morphological research and methods of laboratory analyzes cannot always provide comprehensive information, especially in cases of determining the age of mechanical trauma in the early Post-mortem period. Therefore, new methods of biochemical research are being actively introduced into forensic medical practice.
 Aim: Analysis of the literature devoted to the application of various biochemical diagnostic methods in forensic medical practice to establish the antiquity of mechanical trauma.
 Results. In pathological conditions, such as, for example, trauma, certain molecular changes occur in the human body, which are associated with a systemic reaction to a stress factor and are manifested before the appearance of morphological changes in tissues and organs. Therefore, the use of biochemical research methods will significantly expand the possibilities of forensic diagnostics. The publication shows promising directions for the application of the biochemical method for forensic trauma diagnosis. Issues of establishing the statute of limitations for mechanical injuries are considered. Today, scientific studies of the body's stress state in cases of fatal injuries are becoming more and more common. Which is of great importance for forensic medical expert practice. Therefore, the role of manifestations of the body's systemic response to trauma is described. The role of natriuretic peptides, creatine kinase and procalcitonin in diagnosing the duration of the traumatic process is also shown.
 Conclusion. The relevance and practical significance of biochemical research for the forensic diagnosis of the time of occurrence of a mechanical injury, as well as the development of new diagnostic criteria for determining the body's systemic response to trauma, necessitated a deep and comprehensive study of the above problems.

Informational and Legal Basis of the Activities of Pre-Trial Investigation Bodies

The article reveals the essence of the informational and legal basis of the activity of pre-trial investigation bodies. The scientific conclusions regarding the informational and legal bases of the activities of the pretrial investigation bodies were analyzed. The main areas of research of scientists who, at various stages, were engaged in the study of problems related to the general characteristics of the information and legal foundations of pre-trial investigation bodies were studied. It is substantiated that the informational and legal bases of the activity of pre-trial investigation bodies are: informational and legal principles of the activity of pre-trial investigation bodies, some types of information, information systems, acts of pre-trial investigation bodies and other components. Considerable attention is paid to clarifying the content and classification of information used by pre-trial investigation bodies in their activities. The content of other components of the informational and legal basis of the activity of pre-trial investigation bodies is clarified. Arguments are given in favor of the fact that the most sustained in theory and the most suitable for the Ukrainian system of informational and legal bases of activities of pre-trial investigation bodies is the codification of norms that would regulate the informational and legal bases of activities of pre-trial investigation bodies into the relevant law or code.On the basis of the achievements of legal science, the norms of the current national legislation, the practice of its application, a theoretical generalization of the problems of the informational and legal basis of the activity of pre-trial investigation bodies was carried out, the conceptual bases were outlined and the modern idea of the concept, essence, signs, types of informational and legal acts of the bodies was clarified of pre-trial investigation, information systems, and other components of the informational and legal bases of the activity of pre-trial investigation bodies. The provision on the introduction of international standards of the informational and legal bases of the activity of pre-trial investigation bodies into the national model is argued.

Criminal Characteristics of Criminal Offenses Related to Electricity Theft

This article purpose is to review development state of the issue of forensic characterization of criminal offenses, build the general structure of forensic characteristic of electrical energy theft, determine its main constituent elements, divide them into groups, and develop a detailed forensic characteristic of electric energy theft. Validity of the obtained results and conclusions that were based on the analysis of the latest scientific research on issues of violation of regulatory requirements regarding the accounting of electric energy and unaccounted consumption of electric energy, on the results obtained during performance of forensic examinations at the National Scientific Center »Hon. Prof. M.S. Bokarius Forensic Science Institute« of the Ministry of the Interior of Ukraine, and also ensured the use of a complex of general scientific and special methods, in particular formal and logical, generalization, comparison. Scientific novelty. In the context of forensic expert provision of evidentiary base in criminal act qualification: electric energy theft, provided for in Article 1881 of the Criminal Code of Ukraine, for development of new and supplementing existing methodological recommendations for investigation by employees of pre-trial investigation bodies of criminal offenses; this article elaborates and systematizes data on performing forensic examinations and a detailed forensic description of electric energy theft was compiled that will become the basis for the construction of investigative versions and will contribute to the effective conduct of investigative (search) actions and other investigative measures, as well as quickly. Conclusions. 1. Development state of issue of forensic characteristics of criminal offenses is considered. 2. General structure of forensic characteristics of electric energy theft is built. 3. The main constituent elements of forensic characteristics of electric energy theft are determined. It is proposed to divide constituent elements into groups according to a defining sign; the most significant and auxiliary signs. 4. On the basis of generalizations of data based on the results of forensic examinations and theoretical processing of research results into the issues of unaccounted electric energy consumption, detailed forensic description of electric energy theft has been developed.

Individual and Psychological Characteristics of Law Enforcement Officers as a Basis for Effective Psychological Selection of Personnel for Modern Police Organizations

The distinguishing features of a specific type of modern law enforcement activities (criminal police, patrol police, security police, pre-trial investigation bodies, district police officers) require a law enforcement officer to have certain individual and psychological characteristics, the absence of which make it impossible to successful perform their service tasks. Individual and psychological characteristics must be taken into account during the psychological selection of personnel for law enforcement agencies. The aim of the research is to undertake the comparative analysis of the individual and psychological characteristics of law enforcement officers who carry out various types of law enforcement activities. 986 law enforcement officers engaged in various types of law enforcement activities took part in the research. The research was carried out on the basis of a systematic approach using an optimal set of psychodiagnostic techniques. Professionally significant individual and psychological characteristics of law enforcement officers who undertake various types of service activities were singled out. It was found that the representatives of the criminal police and security police units are emotionally more stable compared to other categories of police officers. On the other hand, high levels of confidence, independence and leadership are expressed among patrol officers and investigators. Police officers in all types of law enforcement activities are particularly characterized by high self-control, responsibility, conscientiousness, thoroughness, and discipline. The obtained data will contribute to the improvement of the mechanism of psychological selection of personnel for modern police organizations.