Content of Investigative Situations of the Initial Stage of Investigating Coercion to Fulfill or Non-Fulfillment of Civil Obligations Committed by Organized Criminal Groups
Abstract
A number of issues concerning the essence of the investigative situation have been studied. The author has indicated the need for a comprehensive study of its constituent elements, given the specifics of the investigation of coercion to fulfill or non-fulfillment of civil obligations committed by an organized criminal group. The interrelationships of investigative situations of the initial stage of the investigation have been analyzed; directions of the development have been indicated. The bases for choosing and realizing actions at the initial stage of investigation have been analyzed; investigative situations and algorithms of the corresponding actions have been specified. Ways to solve a difficult situation and transition from one investigative situation to another during the pre-trial investigation have been suggested. Based on the analysis of scientific opinions on such a forensic category as the investigative situation of the initial stage of the pre-trial investigation, the author has substantiated own views on this issue. The processes that take place in the system of interrelation of the investigative situation of the initial stage of the investigation along with the actions corresponding to it have been studied. The specific investigative situations of the initial stage of the pre-trial investigation and the actions that correspond to them during the investigation by the fact of coercion to fulfill or non-fulfillment of civil obligations committed by an organized criminal group have been analyzed.
Taking into account the positive and negative practice of investigating crimes related to the researched crime, the author for the first time has elaborated an algorithm of the investigator’s behavior at the initial stage of their investigation, given that those actions are committed by an organized group of people. Given the positive practice of investigating coercion to fulfill or non-fulfillment of civil obligations, the author has defined the possible ways to use information about the investigative situations of the initial stage of the investigation in order to optimize the activities of investigative units during the investigation of this category of criminal proceedings. Typical investigative situations of the initial stage of investigation have been studied and algorithms of the investigator’s actions during their realization have been defined.
Downloads
References
. Kolesnichenko A.N., 1967. Scientific and legal basis for the investigation of certain types of crimes [Nauchnye i pravovye osnovy rassledovaniya otdel`nykh vidov prestuplenii]. Abstract of D.Sc. dissertation. Kharkov Law Institute.
Selivanov N.A., 1977. Forensic characteristics of crimes and investigative situations in the methods of investigation of crimes [Kriminalisticheskie kharakteristiki prestuplenii i sledstvennye situatsii v metodike rassledovaniya prestuplenii]. Sotsialisticheskaya zakonnost`, No. 2, pp. 59-59.
Kovalenko Ye.H. and Maliarenko V.T., 2008. Criminal proceedings of Ukraine [Kryminalnyi protses Ukrainy]. 2nd ed. Kyiv: Yurinkom Inter.
Aver`yanova T.V., Belkin R.S., Korukhov Yu.G. and Rossinskaya E.R., 2005. Forensic science [Kriminalistika]. Moscow: Norma. (Ed.: Belkin R.S.).
Velikanov S.V., 2002. Classification of investigative situations in forensic methodology [Klasyfikatsiia slidchykh sytuatsii v kryminalistychnii metodytsi]. Abstract of Ph.D. dissertation. Yaroslav Mudryi National Law Academy.
Sukhomlinov S.M. Typical investigative situations and problems of their use [Typovi slidchi sytuatsii ta problemy yikh vykorystannia]. [online] Naukovyi ohliad. Available at http://intkonf.org/index.php?s=%F1%F3%F5%EE%EC%EB%B3%ED%EE%E2&Submit=%CF%EE%F8%F3%EA [Accessed 6 December 2020].
Gavlo V.K., Klochko V.E. and Kim D.V., 2006. Forensic situations: psychological and forensic aspects [Sudebno-sledstvennye situatsii: psikhologo-kriminalisticheskie aspekty]. Barnaul: Izdatel`stvo Altaiskogo universiteta.
Kikinchuk V.V., 2013. Typical investigative situations at initial stages of investigating larcenies of budgetary funds within agroindustrial complex [Typovi slidchi sytuatsii pochatkovoho etapu rosliduvannia vykraden biudzhetnykh koshtiv v ahropromyslovomu kompleksi]. Pravo bezpeka, No. 2, pp. 131-135.
Stepaniuk R.L., 2013. The situational approach in forming of methods of investigating crimes committed in the public sector of Ukraine [Sytuatsiinyi pidkhid u formuvanni metodyk rozsliduvannia zlochyniv, vchynenykh u biudzhetnii sferi Ukrainy]. Pravo bezpeka, No. 3, pp. 110-115.
Shevchuk V.M., 2013. Investigative situations and their impact on the development of tactical operations [Slidchi sytuatsii ta yikh vplyv na rozrobku taktychnykh operatsii]. Naukovij vìsnik Mìžnarodnogo gumanìtarnogo unìversitetu – Scientific Herald of International Humanitarian University, No. 6, Vol. 2, pp. 125-129.
Chychyrkina S.P., 2011. Peculiarities of conducting investigative actions at the initial stage of the investigation when concealment of crimes in the sphere of official activity was revealed [Osoblyvosti provedennia slidchykh dii na pochatkovomu etapi rozsliduvannia pry vyiavlenni prykhovuvannia zlochyniv u sferi sluzhbovoi diialnosti]. Pravo ta upravlinnia, No. 2, pp. 387-396.
Copyright (c) 2020 E. V. Zozulya
![Creative Commons License](http://i.creativecommons.org/l/by/4.0/88x31.png)
This work is licensed under a Creative Commons Attribution 4.0 International License.