Methods of Investigating Crimes in Ukrainian Lands in Middle Ages

Abstract

This article purpose is to analyze methods of investigating crimes used in the Ukrainian lands during the Middle Ages on the basis of the norms of customary law of “Vast Edition of Pravda”, to clarify their role in the formation of the forensic doctrine of the methods of investigating criminal offenses (in particular, forensic methodology as a component of modern forensics). To achieve the set goal, the author used general scientific methods: observation, comparison, abstraction, analysis, synthesis, modeling, etc. A scientific analysis of the methods of investigating crimes regulated by the norms of “Vast Edition of Pravda” of the times of Kyivan Rus was carried out. It is noted that the methods of investigating crimes “call”, “corpus” and “trace persecution” as complex procedural actions were aimed at searching for and prosecuting criminals, finding the stolen item. It is noted that the “call”, “corpus” and “trace persecution”, which were formed in pre-state society, in the judicial practice of community courts, based on the interaction of community members, became so effective that after formation of the state, they were used and developed by the vervny courts of Kievan Rus the Galicia-Volyn state, and later adopted by the successors of these bodies :kopny courts. In the “Vast Edition of Pravda” and the Statutes of the Grand Duchy of Lithuania, these methods of investigation were already established at the national level. The institution of customary law “sinking”, which was widespread at that time, made it possible to obtain forensically significant information about the criminal with the aim of pursuing him along ideal traces, appropriate in the event of non-detection, destruction or low informativeness of material traces. It is proven that the legal procedures of customary law (“corpus”, “trace persecution”) became the basis for the development of modern methods of investigating criminal offenses on hot leads and on information about the subjects and objects of a criminal attempt, forensic analysis of the trace picture, forensic profiling, forensic retrospection. It is concluded that the transfer of experience in investigating crimes within the boundaries of one territorial community from older members of the community to younger ones not only contributed to the improvement of skills in applying investigative methods, but also had a certain preventive effect on the participants in these legal actions, deterring them from committing offenses and concealing illegal actions known to them committed by other members of the community.