ACTIVITY NATURE OF COUNTERACTING INVESTIGATION OF CRIMINAL OFFENSES

Abstract

This article purpose is to determine components of activity that consists in counteracting the investigation of criminal offenses. The goal was achieved through the application of a complex of general scientific, special and philosophical research methods, in particular dialectical one, modeling method, system-structural and comparative analysis, etc. It was determined that counteracting investigation is a complex, dynamic and multifaceted phenomenon that is formed in the conditions of a criminal conflict and manifests itself through the purposeful behavior of persons interested in concealing the actual circumstances of a criminal offense. Its active side consists in committing real (sometimes inactive) acts of influence on the course and results of the pre-trial investigation. It was found that the activities of the subjects of counteraction are implemented not chaotically, but within the limits of a certain mechanism, which consists of the stages: preparation for counteraction; active implementation of influence on sources of evidentiary information; concealment of traces of committed actions. It was determined that the mechanism of counteraction to the investigation is variable, depends on the stage of criminal proceedings, chosen tactics and the presence of corrupt, organizational and social ties. It was substantiated that the structural components of forensic characteristic of counteraction are: 1) subjects of counteraction, their motives and objects of influence; 2) typical forms and methods, their impact on sources of evidence; 3) signs of use of specific methods that are manifested both in objective environment and in the behavior of subjects. The need to study the external manifestations of counteraction (material, digital, ideal traces) as a key source for modeling mechanisms of criminal counteraction and creating effective tactical solutions is proven. It was found that counteracting investigation has a conflicting nature, in which opposing goals of the parties to the criminal proceedings collide. This is not only a conflict between the investigator and the suspect, but also interaction with other participants in the process: prosecutor, witnesses, witnesses, experts, etc. Such interaction creates a tense investigative environment that requires a high level of professional adaptability of the investigator. It has been established that modern opposition to pre-trial investigation is especially threatening in conditions of organized criminal activity. It has a high level of organization, internal structure, financial, technical and personnel support. It is substantiated that the forensic characteristic of opposition to investigation should be integrated as a separate component into the structure of investigation methodology for those criminal offenses that are characterized by active opposition. It should be built on the basis of: 1) analysis of typical methods and mechanisms of opposition; 2) research on the subject-role structure of opposition; 3) study of changes in the investigative complex caused by targeted influence on evidence.