PREPARATION AND CONDUCTION OF A SEARCH WHILE INVESTIGATING ILLEGAL MINING OF MINERAL RESOURCES OF NATIONAL IMPORTANCE

Abstract

Forensic and procedural features of searching housing or other property of a person while investigating illegal mining of mineral resources of national importance have been characterized. Some recommendations for preparation and realization of the specified investigative (search) action to improve its efficiency have been grounded.

It has been noted that usually, the necessity for conducting a search of a house or other property occurs at the definite stage of investigation of illegal mining of mineral resources of national importance, and if there are sufficient grounds, which are well-grounded in an appropriate request of the investigator or prosecutor to the investigative judge. More often, the objects of a search during the investigation of illegal mining of mineral resources are dwellings, utility and storage facilities of perpetrators, accomplices and organizers of illegal mining, basements, garages, cars, premises of enterprises, institutions and organizations.

The criteria of classification of the items, which are objects of a search during the investigation of illegal mining of mineral resources of national importance have been determined. It has been found out that generally, the objective of conducting a search within the stated criminal proceedings is the detection and seizure of items that have preserved the traces of a crime (a note with information about possible accomplices of illegal actions on mining, their contact information, receipts, invoices, appropriate tools to implement such activities, and just minerals themselves).

It has been emphasized that organizational and tactical importance of a search While investigating illegal mining of mineral resources of national importance must meet the following guidelines: 1) preliminary preparation for the search – gathering information about the object of a search, the location of this object and individuals of the property, where it is planned to search; 2) preliminary study of objects and documents to prevent removal of items, which are not related to the criminal proceedings; 3) preparation of technical means of fixing (a camera or video camera, voice recorder, storage tanks for storing items and documents, lighting items), determining the subjects of storing seized items, etc.; 4) drawing up a well-grounded request for the conduction of a search. Particular attention has been paid for the systems of tactical search techniques.