ORGANIZATIONAL-TACTICAL FEATURES OF USE SPECIAL KNOWLEDGE DURING CONDUCTING THE INSPECTION OF THE PLACE OF INCIDENT IN THE INVESTIGATION OF THE STATE BORDER VIOLATIONS
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the study of problems organizational-tactical features of use special knowledge during conducting the inspection of the place of incident in the investigation of the state border violations. The features of attraction and participation of specialists during conducting the inspection of the place of incident of the state border violations have been determined. The propositions to improve their activities have been made. A substantial change in the current criminal and criminal procedural legislation of Ukraine causes the need to improve forensic provision of investigation illegal transfer of persons across the state border and illegal crossing of the state border of Ukraine. Depending on the qualification of the violation of the state border the investigation divisions had been differenced. In connection with this, there is a need for development forensic recommendations for use special knowledge in order to effectively solving problems of criminal justice. The analysis of the current legislation testifies that in addition to the general requirements for a specialist identified by Criminal Procedure Code of Ukraine each law enforcement agency is guided by departmental legal acts which regulate their involvement the inspection of the place of incident. Study of organizational and tactical features of attraction of specialists to the inspection of the place of incident in connection with changing threats to the integrity of the state border Ukraine there is a need to correct special knowledge. Nowadays any violation of the state border should be considered through the prism of a possible implementation of subversive activities against Ukraine based on the features of the state border regime, conditions for the inspection of the place of incident in case of violation, little experience in conducting the inspection of the place of incident by the detectives of the National Police, consolidation jurisdiction art. 332 Penal Code to detectives of the Security Service of Ukraine, the conditions of the hybrid war Russian Federation against Ukraine using illegal infiltration through the state border of Ukraine. In case of the violation of the state border the inspection of the place of incident to provide according to a prosecutors sanction by an Investigative Operative Group headed by detective of the National Police (Security Service of Ukraine) with attraction employee of the state border guard body, operational stuff of the State Border Guard Service of Ukraine, specialists of the National Police of Ukraine and Security Service of Ukraine has been recommended. This will advance early qualification of the state border violations, effective use of operational forces and means, maximizing forensic meaningful information.
Authors and Affiliations
Михайло Валерійович Балан, Юрій Іванович Літвін
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