Problem issues of the use of special knowledge during the investigation of mass riots

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Problem issues of the use of special knowledge during the investigation of mass riots

Тіщенкова Світлана

доктор юридичних наук, професор, професор кафедри криміналістики та домедичної підготовки Дніпропетровського державного університету внутрішніх справ

The use of special knowledge in criminal proceedings of any category is quite important and occurs throughout the entire process of pre-trial investigation. This measure also does not lose its relevance during the investigation of mass riots. After all, in a certain category of cases, during the conduct of most investigative (search) actions, there is an urgent need for authorized persons to use both their own special knowledge and to involve relevant specialists in their conduct (survey of the scene of the incident, inspection of things, investigative experiment, appointment of various types of expertise, etc. ). That is, the specified aspect of criminal proceedings is extremely important during the investigation of mass riots. We believe that special knowledge is a combination of theoretical knowledge and practical abilities and skills in various fields, obtained as a result of special theoretical training or professional experience, used for the purpose of prevention and investigation of criminal offenses.

In general, as O. P. Kuzmenko notes, the use of special knowledge is always an important guarantee of a quick, complete, objective and impartial solution to the tasks of criminal proceedings. The author emphasizes the need to use special knowledge during the pre-trial investigation of such illegal acts, which are mass riots, due to the complexity and specificity of the process of proving the circumstances of the event in criminal proceedings of this category. The scientist also focuses on the fact that the mass riots that have occurred in recent years are characterized by the fact that advanced scientific technologies, modern technical means, methods are used as organizers and active participants for their preparation, execution and concealment of their participation in them, professional knowledge, etc. [3, с. 105].

We share O.A. Antonyuk's position regarding the fact that «...among the entire spectrum of the possibility of using special knowledge in criminal proceedings, a special place is occupied by conducting examinations. In accordance with the current Criminal Procedure Code, the procedure for their appointment is related to the conduct of investigative (search) actions. We fully support this aspect, but we immediately note that examinations are carried out by a specific person - an expert. But they can be appointed both by the prosecution and the defense. During the investigation of criminal offenses against public order, various examinations are conducted in view of the specific situation. Therefore, their research is extremely important for providing recommendations on their appointment to law enforcement officers.» [1, с. 231]. As we can see, the author emphasizes the importance of such an investigative (research) action as conducting an examination.

In turn, O. P. Kuzmenko pointed out that «... the first and most important issue that is resolved during the preparation for conducting an examination (involving an expert) in criminal proceedings about mass riots is the collection of the necessary research objects. Objects are material carriers of evidentiary information provided to the expert by the parties to the criminal proceedings or by the court and which are a source of obtaining evidence as a result of the use of special knowledge. These include: material evidence, a corpse or a living person, etc. These objects are obtained during the investigation: during the inspection of the scene, searches, temporary access or temporary seizure, etc. In some cases, in accordance with Art. 245 of the Code of Criminal Procedure of Ukraine, samples necessary for expert research (comparative materials) are removed» [2 с. 114]. That is, the author determined that only thanks to the material objects that are seized during individual procedural actions (inspection of the scene, search, temporary seizure of things) during the investigation of mass riots, the most optimal appointment of expertise is possible.

As some scientists note, «... Ballistic expertise is quite common in cases of this category. It is intended for solving a wide range of identification and nonidentification tasks related to the study of firearms and ammunition, traces of a shot in the weapon itself, on the affected barrier, on the clothes or body of the person who shot. The objects of forensic ballistic examination are firearms, ammunition and their parts (cartridges, casings, bullets, etc.), objects with traces of a shot.» [4, с. 121].

We support the position of P. V. Shaldirvan regarding the fact that «...mass riots, which are accompanied by large-scale pogroms and committed on the basis of an international conflict, are characterized by a significant number of victims, and sometimes a large number of dead. At the same time, quite often in such cases, the corpse is sent to hospitals, morgues of the forensic medical examination bureau without a preliminary examination. In this case, it is practiced to create a group of investigators, which at the initial stage of the investigation of such cases is located in morgues, where a preliminary examination is conducted and forensic medical examinations are immediately appointed.» [6, с. 159]. Indeed, in the specified cases, it is desirable immediately after the examination of the corpse, if it is established that the specified person was involved in illegal actions in any role (victim, offender), to appoint a forensic medical examination to ensure the preservation of the evidence base.

In turn, M. M. Yefimov emphasizes that forensic biological examinations (cytological, immunological), which are entrusted to experts of the Ministry of Health of Ukraine (forensic biological departments of regional bureaus of SME) or Scientific Research Expert Forensic Research of the Center of the Ministry of

Internal Affairs of Ukraine, are quite important. The author indicates that as part of these examinations, samples of blood, saliva, urine, sebaceous secretions (including sebaceous traces of fingers or palms, unsuitable for identification, found at the scene), hair, etc., are examined. The scientist emphasizes that conducting them allows establishing their group affiliation, which, as a result, reduces the circle of suspects [5, с. 54-55].

Summarizing, we note that during the investigation of mass riots, when conducting most investigative (search) actions, authorized persons have an urgent need to use both their own special knowledge and to involve relevant specialists in their conduct (survey of the scene of the event, inspection of things, investigative experiment, appointment various types of examinations). The position is supported that among the entire spectrum of the possibility of using special knowledge in the specified category of criminal proceedings, a special place is occupied by the preparation and conducting of examinations. It has been established that only thanks to the material objects that are removed during individual procedural actions (inspection of the scene, search, temporary seizure of things) during the investigation of mass riots, the most optimal examination is possible. Among the most important and widespread types of examinations in the studied category of criminal proceedings are the following: forensic-ballistic, forensic-medical and forensic- biological examinations.

Список використаних джерел

specialized knowledge criminal investigation

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