Pre-trial Investigation Bodies Research Articles

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.

Ensuring procedural guarantees and the right to a fair trial during the examination of motions to conduct covert investigations

The article aims to determine the general principles of guaranteeing human rights and freedoms during the the investigating judge’s examination of motions of pre-trial investigation bodies and prosecutors for permission to conduct covert investigative actions. The subject of the research is the general principle of guaranteeing human rights and freedoms during the consideration of motions to conduct covert investigative actions by investigating judges and the problems of regulation of these issues within criminal procedure legislation. The article uses general scientific and unique research methods, such as comparative, formal, dogmatic, and dialectical. The study results allowed us to determine the areas of improvement of criminal procedural legislation on motions to conduct covert investigative actions. The need for ensuring human rights and freedoms require such actions. Based on the study results, proposals were made to amend the criminal procedure legislation on the motions for investigative actions. In this regard, the incompleteness of regulations requires appropriate amendments to the Criminal Procedure Code of Ukraine, as proposed by the authors. It is substantiated that implementing these changes will ensure sustainable and effective law enforcement practice in the field of organization and conduct of covert investigations, reduce inconsistencies, and ensure uniformity of approaches to determining sufficient and necessary grounds for interference in private communication.

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.

EVIDENCE IN THE INTERNATIONAL CRIMINAL COURT – THE ROLE OF FORENSIC EXPERTS: THE UKRAINIAN CONTEXT

Background: Ukraine faced unprecedented challenges for to the national justice system and the possibility of using international justice to bring the Russian Federation military, officers,and officials to justice after the full-scale invasion of Ukraine by the Russian Federation on 24 February 24, 2022. Since In March 2022, the ICC Prosecutor has started an investigation of into war crimes in Ukraine. In addition, joint investigative groups are carrying out activities. Cooperation between pre-trial investigation bodies of Ukraine through the Prosecutor General of Ukraine with and the International Criminal Court has been established. Therefore, the research of into possible problems in the criminal procedure of prosecution for war crimes is one of the priority areas for Ukrainian law enforcement practice and legal science. Methods: The present article is devoted to the peculiarities of the ICC international criminal justice, in particular the ICC jurisdiction in the territory of Ukraine (Ukraine has not ratified the ІСС Rome Statute), the ICC model of administration of justice, the rules of admissibility of evidence, the status of experts, and the features of expert involvement during ICC trials. Results and Conclusions: The authors found that several provisions of the joint Order of the Ministry of Internal Affairs of Ukraine, the Ministry of Health of Ukraine, and the Office of the Prosecutor General ‘On approval of the Procedure for interaction between bodies and units of the National Police of Ukraine, health care institutions and the bodies of the Prosecutor’s Office of Ukraine in establishing the fact of the death of a person during martial law on the territory of Ukraine’ dated 9 March 2022 do not correspond to the Code of Criminal Procedure of Ukraine. The authors emphasise that the erroneous provisions of this bylaw could serve as a legal basis for avoiding criminal responsibility for war crimes.

Substantiation of the risk of absconding when applying pre-trial restriction measures related to the limitation of a constitutional person’s right

The article examines the features of the prosecutor's substantiation of the risk of absconding from the pre-trial investigation bodies and / or the court when applying measures related to the restriction of the constitutional rights of a person. Statistical data show a trend towards an increase in the number of cases of refusals by investigating judges to approve petitions of prosecutors as subjects of proving on the use of means of criminal procedural evidence, in particular, security measures, which indicates, among other things, the low level of validity of the petitions filed. Thus, in 2018, investigating judges refused to satisfy 5,970 petitions out of a total of 37,193 petitions for the application of precautionary measures (16.5%); in 2019 - 5,733 out of 34,780 (about 16.4%); in 2020 - 5,693 out of 31,547 (18.1%); for 2021 - 5,277 out of 30,408 (17.3%); for January-March 2022 - 799 out of 4,526 (17.6%). This is due to the fact that the problems of the prosecutor's exercise of his powers in proving in the pre-trial investigation, in particular in substantiating the presence of the risk of absconding, have not yet been subjected to a comprehensive theoretical study. The study of the practice of the European Court of Human Rights allows us to reveal the essence of the risk of absconding as a basis for the application of measures related to the restriction of the constitutional rights of a person, as well as to find out what factors should be taken into account by the prosecutor when substantiating the risk of absconding.

Tactics of seizing electronic assets obtained by criminal means in criminal proceedings

It has been established that the tactics of seizure of electronic assets obtained by criminal means in criminal proceedings is a set of scientific provisions and practical recommendations for organizing and planning activities to detect and seize electronic assets obtained by criminal means to ensure the effectiveness of criminal proceedings by determining the algorithm persons conducting pre-trial investigation. It has been found that the tactics of seizing electronic assets obtained by criminal means in criminal proceedings include recommendations for detecting electronic assets, establishing their connection with illegal activities in such a way as to obtain permission to seize them, and proving the facts relevant crimes. The structural elements of the tactics of seizing electronic assets obtained by criminal means in criminal proceedings have been highlighted. It has been emphasized that the tactical and organizational support for the seizure of electronic assets obtained by criminal means in criminal proceedings is the detailed planning of the investigation; careful preparation for individual events; establishing cooperation of pre-trial investigation bodies with state bodies, local self-government bodies, individuals and legal entities, international and intergovernmental organizations; use of information retrieval systems in the detection and tracing of assets. It has been emphasized that the effectiveness of seizure of electronic assets obtained by criminal means depends on the proper organization of criminal investigation from the earliest moment of its detection, careful planning and establishing constant and effective cooperation with other law enforcement agencies, regulatory and other bodies. The peculiarities of the interaction of pre-trial investigation bodies and prosecutor’s offices with the National Agency of Ukraine for Detection, Search and Management of Assets Obtained from Corruption and Other Crimes have been highlighted.

ORGANIZATIONAL AND LEGAL PRINCIPLES OF ACTIVITY OF PRETRIAL INVESTIGATION BODIES

The article reveals the essence of the organizational and legal basis of the activity of pretrial investigation bodies. The scientific conclusions regarding the organizational and legal basis of the activity of pre-trial 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 organizational and legal foundations of pre-trial investigation bodies were studied. It is substantiated that the organizational and legal principles of the activities of pretrial investigation bodies determine the dynamics of the implementation of the goals of these bodies through a system of actions, operations that change, develop and improve, thanks to which the goals and the tasks and functions of the pretrial investigation bodies are manifested. The organizational and legal principles of the activity of pre-trial investigation bodies are characterized by continuity, cyclicality, carried out simultaneously in different directions. The analysis of the content of the organizational side of the activity of pre-trial investigation bodies shows that the organizational and legal basis of the activity of pre-trial investigation bodies is the activity of subjects united in a certain organizational structure (pre-trial investigation bodies and their employees), which is aimed at solving practical problems and achieving the goals set before the system of pre-trial investigation bodies by implementing the necessary types of activities based on the defined principles of administration, with the use of appropriate administration methods. It is emphasized that the study of the organizational and legal foundations of the activity of pretrial investigation bodies allows to determine the optimal ways of development and modernization of the law enforcement sphere to European standards. Attention is focused on the fact that in the current military state of the state, the issues of ensuring the proper organization of the activities of pre-trial investigation bodies, the implementation of the state security policy, the creation of legal and organizational mechanisms of public-private partnership regarding the above-mentioned issue by stimulating and involving the nonstate sector in solving law enforcement problems, regulating at the legislative level all forms of public-private partnership in the law enforcement sphere. Key words: investigators of the National Police, security agencies, the State Bureau of Investigation, detectives of the Bureau of Economic Security.

Legality of application of the provisions of Chapter 17 of the Criminal Procedure Code of Ukraine in order to block websites in criminal proceedings

The purpose of the study is to analyze the case law on blocking websites in criminal proceedings and find the right way to solve this gap in legislation, by arresting in accordance with Chapter 17 of the Criminal Procedure Code of Ukraine, creating conditions for improving criminal procedural law to clearly define the mechanism of blocking websites and formulate appropriate proposals for amendments to the Criminal Procedure Code of Ukraine. Research methods were used to achieve this goal, in the process of scientific research used various methods of scientific knowledge. The methodological basis of scientific work were general scientific methods: theoretical (analysis and synthesis, deduction and induction, systems analysis), as well as empirical research methods, for example, conducting expert evaluation and other methods. Results: the case law on blocking websites in criminal proceedings is analyzed and attention is drawn to the lack of a clear mechanism for restricting access to websites within criminal proceedings. This shows a big problem for making legal judgments. It was concluded that the current version of the Criminal Procedure Code of Ukraine could not be used to block websites. Emphasis is placed on the impossibility of recognizing a web- site as material evidence in criminal proceedings, as this contradicts the legal definition of physical evidence as a material object. The references in the motions of the pre-trial investigation bodies and the decisions of the investigating judges to the fact that the users of the website may have intellectual property rights, as it contradicts the norms of civil law, are considered unfounded. It is proposed to supplement part ten of Article 170 of the Criminal Procedure Code of Ukraine with a new object that can be seized - a website.

MILITARY JUSTICE OF UKRAINE: PROBLEMS OF DETERMINING THE BODIES THAT GOVERN THE CONSTRUCTION OF ITS SYSTEM

The article focuses on the current issue of creating a military justice system for modern law enforcement practice. Based on the idea of military justice as a system of bodies, its composition, in the authors' opinion, should include: (1) the body that carries out the pre-trial investigation and/or supports law and order; (2) the body which oversees legality; (3) military courts. In the article, the authors consider the genesis of the functioning of each of the bodies mentioned above, which, in their opinion, should be part of the military justice system, and emphasize that the idea of creating a system of military justice in this completed form was constantly discussed among scientists and practitioners. However, after Russia's armed aggression against Ukraine began, it ceased to be an idea and should be implemented soon. Considering proposals for the creation of a pre-trial investigation body, which should investigate criminal offences committed by military personnel or other persons belonging to the armed formations as the first stage in the system of criminal justice bodies, the authors give a list of existing risks, which, in particular, include their subordination, which should not affect the independence and impartiality of the investigation. Despite some turbulence in the legislative regulation of the work of the military prosecutor's office in Ukraine, this body, with different names, structural construction, subordination and staffing for a long time, in accordance with the system of the law, carried out the pre-trial investigation of war crimes, supervision over the legality of pre-trial investigation bodies and procedural management of the investigation. Particular attention in the article is paid to arguments supporting the opinion on creating a system of military courts. The reasoning is strengthened by the appeal to the Memorandum of the Council of Europe on military courts and the experience of the functioning of military justice in Switzerland, Poland and Spain.

EXAMINATION OF A CORPSE ASSOCIATED WITH THE EXHUMATION DURING PRE-TRIAL INVESTIGATION

The article deals with the issues of legal regulation of the exhumation of a human corpse and reveals the procedure for conducting an examination of a corpse related to the exhumation during the pre-trial (preliminary) investigation, provided for by the current legislation of Ukraine. The author draws attention to the existing problems in the modern investigative practice of conducting an examination of a corpse associated with the exhumation and suggests ways to solve these problems. It is noted that the examination of the corpse associated with the exhumation is one of the most complex investigative (detective) actions since it consists of several successive stages (initiation, with the adoption and execution by the prosecution of the decision to conduct it; taking measures to address the decision on the exhumation of the corpse to execution; direct implementation of this decision, etc.), each of which is also structured according to certain organizational, procedural, tactical and forensic criteria and other aspects of investigative activity. The author of the article draws attention to the significant shortcomings of the legal regulation of the current Criminal Procedure Code of Ukraine of 2012 on the procedure for examining a corpse related to exhumation. Errors of the investigator in choosing the type of examination of the corpse, as well as violation of the procedure established by law for exhumation and the penetration of the prosecution into the tomb (crypt), which are private property, without the consent of the owner or the determination of the investigating judge (court), may subsequently lead to recognition by the court the inadmissibility of using the results of this investigative (detective) action in court as evidence. The author proposes ways to solve these problems. In particular, it is proposed in the decision-making mechanism for the exhumation of a corpse to determine the place of close relatives or family members of the deceased in order to guarantee their right to respect for family and private life, in accordance with Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the implementation of which should not depend entirely on the discretion of the pre-trial investigation bodies and the prosecutor’s office. This provision does not meet the requirements of international standards, in particular, the decision of the European Court of Human Rights in the case of Solska and Rybicka v. Poland (Solska and Rybicka v. Poland, nos. 30491/17 and 31083/17, 20 September 2018). The early introduction of the amendments proposed by the author to Article 239 of the Criminal Procedure Code of Ukraine will bring the national procedure for examining a corpse related to exhumation closer to international standards. Key words: pre-trial investigation, investigative (search) action, exhumation of a corpse, inspection of a corpse, body identification, forensic examination.

International experience of forensic support for crime investigation

In the conditions of scientific and technical progress, updating of legislation and law enforcement practice, technical and forensic support for the investigation of criminal offenses in the activities of investigative and expert units acquires special importance, requiring the complexity of research, including, taking into account the experience of foreign countries, which thanks to innovations in the fight against crime is gradually moving away from traditional (conservative) methods and methods of detecting, collecting and fixing traces of criminal offenses, and the situation in which law enforcement agencies have been working for more than half a century is quite close to the one that has developed today in connection with the armed military aggression against Ukraine. The latest technologies in the investigation of criminal offenses were considered and the ways of implementation of the best foreign practices in the activity of investigative and expert units of Ukraine were proposed. Attention is drawn to the application of artificial intelligence as a systematized set of information technologies, aimed at performing sufficiently complex forensic tasks. The feasibility of using the method of Forensic intelligence in Ukraine as a means of obtaining orienting and evidentiary information, which consists in combining disparate pieces of information (forensic materials) during the investigation of multi-episode (serial) criminal offenses in order to obtain a complete picture of repeated acts, is scientifically argued and establishing connections between places of criminal offenses committed by the same criminal or group of persons based on VideoAnalytics. The work of the "The Next Step" program, which allows you to compare shoe prints from different places of the commission of a criminal offense based on external features based on the geolocation of the scene, is considered. The adoption of foreign experience in the part of involving a forensic expert in the inspection of the scene of the incident with the authorization to conduct such an investigative (search) action in individual cases without the presence of an investigator, and upon completion of which to draw up an inspection protocol or an expert opinion, with further referral to the authorized entity, is substantiated (investigator) in order to reduce the burden on pretrial investigation bodies of Ukraine

INVESTIGATION OF WAR CRIMES IN UKRAINE: CHALLENGES, STANDARDS, INNOVATIONS

The purpose of this article is to present the author's position on special aspects of the war crimes investigation process in Ukraine today. The novelty of this concept presents systematization of challenges faced by pre-trial investigation bodies during the war crimes investigation; description of the current state and prospects of standardization the war crimes investigation; explication how the digital age affects the investigation process. Methodological basis of the study includes systemic, comparative approaches, formal and logical methods (generalization, analysis, synthesis, etc.). The conclusions show the geopolitical, legal, tactical, logistical and other challenges faced by law enforcement agencies today; emphasize the value of standardization of the investigation process, algorithms of procedural actions, foreign experience and development on this basis of specialized investigation methodology; present the peculiarities of the war crimes investigation in the digital age.