PROBLEMS OF FORMING OF CRIMINALISTIC METHODICAL MEANS IN STRUCTURE OF COUNTERACTION TO CRIMES AGAINST JUSTICE
The article is devoted to the study of the problems of formation of criminalistic methodical means in the structure of counteraction to crimes against justice. The place of criminalistic methods in the system of criminalistic knowledge and criminalistics as a science and practice іs with that aim analyzed. The historical backgrounds of the use of guidelines for the investigation of crimes certain types are specified. The problems of constructing special criminalistic methods are considered, concerning its structure, types, dependencies, goal, and the subjects that use it. Particular attention was paid to the study of various scientists positions regarding the individual elements of this technique.
It is proved that the formation of special criminalistic methods of investigating a crime against justice, considering the possibility of combining them into a complex of criminalistic methods of crimes against justice, requires the installation of a “consumer” who should apply such criminalistic recommendations in the form of this mehods. Transforming models of the criminal process from inquisitorial to adversarial and mixed leads to the fact that the person investigating the crime receives a new and changing set of functions and powers from the legislator. Often this leads to the fact that the persons conducting a pre-trial investigation of crimes are called differently. According to the current Criminal Procedure Code of Ukraine, the investigator actually lost procedural independence, which led to the fact that another procedural figures began to perform certain functions of the pre-trial investigation (or decision making at this stage): detective, prosecutor as procedural manager and the investigating judge. Accordingly, the methods for investigating crimes (including crimes against justice) should be formed taking into account the subject to which they apply.
A separate problem in the formation of special criminalistic methods has become the growing need for their registration in the relevant state register, which will allow monitoring the effectiveness and quality of investigating such crimes.
Abstract views: 26 PDF Downloads: 36