PROBLEM STATEMENT FOR DEVELOPMENT OF SPECIFIC CRIMINALISTIC TECHNIQUE FOR INVESTIGATION ON MURDERS ASSOCIATED WITH HOUSING OCCUPANCY

Abstract

Prerequisites of separate criminalistic methodology (micromethods) development for investigating murders associated with occupancy of human housing are considered. Attention is drawn to the fact that among the factors that lead to the growth of crime in real estate market are social contradictions (market economy development and institution of private property, expansion of the apartment privatization market, ineffective work of law enforcement agencies, decline in citizens' well-being, etc.).

The essence and mechanism of this murder type is investigated, and the main signs of their commission are highlighted. It has been determined that the mechanism for committing murders involving the occupancy of housing includes: 1) actions of the directly injured regarding of housing occupancy and provoking murder commission; 2) actions accompanied by violations by officials (housing and operational organizations, notary offices, local governments and law enforcement agencies); 3) offender actions directly related to the murder commission of the person and housing occupancy. Peculiarities of the mechanism of investigated murder committing is that methods of committing in their structure (substantive part) can unclude following actions: 1) of active nature (infliction of bodily harm, using firearms and cold weapon etc.); 2) actions of active-passive nature (leaving in danger, inadequate discharge of responsibilities for health protection, failure to provide assistance to a person in a life-threatening condition, etc.).

Structural elements of a separate criminalistic methodology (micromethodics) for investigating murders associated with housing occupancy have been proposed, among which the following should be highlighted: 1) criminalistic description; 2) typical investigative situations; 3) circumstances to be clarified; 4) typical investigative versions; 5)  interaction of the investigator with the operative search units; 6) tactics of investigative (search) actions.