FEATURES OF IDENTIFICATION DURING THE INVESTIGATION OF CRIMINAL OFFENSES AGAINST SEXUAL FREEDOM AND SEXUAL SECURITY A PERSON
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
Problem’s setting. According to Art. 3 of the Constitution of Ukraine a man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Thus, within the cited legal provisions providing sexual freedom and sexual integrity of a person is a priority of increased attention from the government for damage caused by such criminal offenses for the person directly, and a number of public relations and social values. Timely and high-quality pre-trial investigation of criminal offenses against sexual freedom and sexual integrity, the execution of tasks of criminal proceedings under Art. 2 of the Criminal Code of Ukraine (hereinafter – CPC) is impossible without a professional and well-built process of proof. Inquiries of criminal offense circumstances and the person having committed it, the proof of guilt is made by means of the CPC provided in the course of the investigation (search) actions. Presentation for identification is a specific detective (investigative) action, conduct of which requires not only perfect legislative regulation, but using a number of tactics for the purposes of its implementation. Analysis of recent studies. Issues holding presentation for identification were explored by many legal scholars. There is no doubt in the significance of research conducted, but in the context of the reformed Criminal Code of Ukraine and characteristics of pre-trial investigation of criminal offenses against sexual freedom and sexual integrity of a person, issues requiring legislative regulation and tactical features of conducting investigative (detective) actions need more detailed coverage. Objective of the research. The aim of our work is to highlight the problem-discussion matters on Criminal Procedure compiling and tactical features of presentation for identification during the preliminary investigation of criminal offenses against sexual freedom and sexual integrity of a person. The main part. This article analyzes and generalizes scientific research and forensic practice to conduct presentation for identification during the preliminary investigation of criminal offenses against sexual freedom and sexual integrity of a person. Considerable potential of information and presentation of evidence for person’s identification has been argued. The features of tactics of presenting a person for identification have been analyzed and suggestions for its improvement have been formulated; in particular, the preliminary examination of a person who recognizes. Detailed analysis of article 228 CPC of Ukraine has been done and a number of problem- controversial issues of legislative regulation of individual conduct presentation for identification have been determined. Namely, the legislator’s usage of value categories and concepts that are purely subjective definition has been critically evaluated. The imperfect regulation of the conduct of individuals filing for identification by functional features has been emphasized. Conclusions. The general conclusion is that the person filing for recognition is a specific detective (investigative) action, conduct of which requires not only perfect legislative regulation, but developing and implementing a number of tactics for the purposes of its carring out. In addition it is argued that a person’s presentation for identification is a unique investigative (detective) action, respectively, the investigator and the prosecutor, have the goal to conduct it procedurally and tactically correctly for the first time, because repetition is not provided neither by logic nor by the legislator.
Authors and Affiliations
Olena Volobueva
Keywords
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