Features of decision-making in conditions of resistence to criminal procedure

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Features of decision-making in conditions of resistence to criminal procedure

Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 4, Issue 4

Abstract

The article deals with peculiarities of decision-making in conditions of counteraction to criminal proceedings. It is noted that the choice of a correct and timely decision, taking into account the terms of the investigation, for a significant number of law enforcement officers, raises difficulties. This negatively affects the results of the investigation of criminal offenses and, as a result, the formation of a complex criminal situation in Ukraine. The confirmation gives the statistics of the General Prosecutor's Office of Ukraine for the period from 2013 to 2016. Analyzing them, it is alleged that decisions made by authorized persons are made with material miscalculations, without proper risk assessment and prediction of their consequences for the investigation. As a result, much of the criminals avoid criminal responsibility, commit more serious socially dangerous acts, actively oppose the establishment of all the circumstances of the criminal offense. The paper notes that decision-making is fully characterized by the personal qualities of the investigator, in particular: the skills of organizing the investigation and conducting investigative (search) actions, diagnosing the manifestations of counteraction and the experience of their overcoming, etc. The revaluation by the investigator of his forces, or underestimation of the current situation, and the influence of the opposing side, may, with rather high probability, lead to unsatisfactory consequences. Attention is drawn to the fact that the adoption of hasty decisions in assessing the actions of participants, including from the standpoint of manifestations of counteraction to the investigation, can provoke a premature leak of information for a criminal offense. The result will be pressure on investigators and investigators. At the same time, the more investigator will conduct procedural actions before the pressure on the investigation proceeds, he will thoroughly form the evidence base, the less the impact will be the opposition to the adoption of organizational and procedural decisions. The conclusions state that the choice of a correct and timely decision, taking into account the conditions and the state of counteraction to the investigation, will contribute to reducing the time expenditures, forces and means of conducting and improving its quality.

Authors and Affiliations

Viktor Pletenets

Keywords

Normative-legal regulation of forms of combat and service activity of National police departments of Ukraine: problem resolution

The article, based on the analysis of theoretical principles and normative-legal framework that regulates the service-fighting activity of the law enforcement forces, considers the object, subject and the main tasks of t...

EP ID EP332679
DOI 10.31733/2078-3566-22017-4-260-266
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