ABOUT THE BASIS OF THE METHODOLOGY OF THE PRE-COURT RESEARCH OF COLLABORATION ACTIVITIES

Abstract

The article is devoted to the basics of the methodology of pretrial investigation of criminal offenses provided for by Art. 111-1 of the Criminal Code of Ukraine. It is substantiated that the forensic object of knowledge is a specific integrative system, which is formed on the basis of legal, criminological, operational-investigative and forensic characteristics of criminal offenses and related events. The core of this system is the circumstances included in the criminal procedural subject of proof, which are specified and developed in view of the signs provided for in Art. 111-1 of the Criminal Code of Ukraine (and in case of incrimination of a set of criminal offenses, also taking into account the signs provided for by other articles of the Criminal Code of Ukraine). The principles that are significant for the formation of a specific methodology for the investigation of collaborative activities are highlighted. It is noted that the formation of a specific method of pre-trial investigation of criminal offenses provided for by Art. 111-1 of the Criminal Code of Ukraine will allow to solve the following tasks: 1) to establish the provisions that form the basis of separating the recommendations from the pre-trial investigation of collaborative activity as a special form of treason from the basic separate investigation methodology; 2) to determine the areas of pre-trial investigation that are of a specific nature for collaborative activities; 3) formalize the approach to the investigation of collaborative activities; 4) to establish patterns of detection of collaborative activities, as well as objects on which traces and trace complexes can be detected, which make up the mechanism of a criminal offense of the investigated type, to form a set of recommendations for the detection of these traces, their investigation and verification of authenticity; 5) to develop and describe a general approach to the formation of recommendations regarding the combination of investigative (search) actions and covert investigative (search) actions during the pre-trial investigation of collaborative activities.