TYPICAL INVESTIGATIVE SITUATIONS AND INVESTIGATOR’S ACTION PLANS AT THE INITIAL STAGE OF INVESTIGATING COLLABORATIVE ACTIVITIES

Abstract

Criminalistic methodology arose as a result of the integration and differentiation of scientific knowledge and covers the latest achievements in criminalistic techniques and tactics, in particular regarding the optimal organization of criminal investigations and court proceedings in certain categories of cases. Given that the science of criminalistics involves systematizing the characteristics of a specific criminal offense and providing investigators with the most effective algorithm of actions, it should be noted that it is important to establish a list and detailed systematization of these characteristics. Therefore, the purpose of our study is to consider typical investigative situations and the investigator’s program of actions at the initial stage of investigating such a criminal offense as collaboration. In our opinion, it should be determined that a typical investigative situation during a pre-trial investigation of collaboration is one in which the collaborator is known but is located in occupied territory and, accordingly, physical access to them is impossible. The second typical investigative situation is the commission of collaborationist activity in territory controlled by Ukraine, which necessitates the use of other forensic tools by the investigator to prove the guilt of the offender and bring them to criminal responsibility. In addition, attention is drawn to the conduct of a pre-trial investigation of a person who has left the territory of Ukraine (in absentia). In our view, it should be determined that a typical investigative situation during a pre-trial investigation of collaboration activities is one in which the collaborator is known but is located in occupied territory and, accordingly, physical access to them is impossible. The second typical investigative situation is the commission of collaborationist activities in territory controlled by Ukraine, which necessitates the use of other forensic tools by the investigator to prove the guilt of the criminal and bring them to criminal responsibility. In addition, attention is drawn to the conduct of a pre-trial investigation of a person who has left the territory of Ukraine (in absentia). In our opinion, such a typical investigative situation can be considered by scientists and researchers as a separate vector that requires a non-standard approach by the investigator to solving the forensic tasks set in order to ensure the criminal prosecution of the person who committed the act and left the territory of Ukraine. It should also be emphasized that in this case, the interaction between the investigator and the prosecutor in the pre-trial investigation plays an important role, since it is the prosecutor’s office that is authorized to engage in international cooperation during the pre-trial investigation.It was concluded that the content and essence of programming the actions of an investigator based on the generalized features and characteristics of typical investigative situations lies in the possibility of streamlining the processes of conducting a pre-trial investigation based on current investigative and judicial practice, avoiding the mistakes and omissions that have already been made by the relevant subjects in other criminal proceedings. in other criminal proceedings. It should be noted that the use of experience in conducting pre-trial investigations of criminal offenses related to collaboration (such as treason, espionage, etc.) is relevant when forming the principles of criminalistic methods of evidence in criminal proceedings concerning collaboration.