Organizational principles of participation of specialists in conducting searches

2016

Теорія і практика правознавства, Vol 2, Iss 10 (2016)

Problem setting. Recent political and economic processes in Ukraine, in some cases, can lead to negative consequences, including the emergence of new types of criminal offences. For quality of disclosure of the investigator, the Prosecutor should seek the assistance of knowledgeable people, including specialists of the relevant disciplines. Relevance of the research topic. The current state of crime and reforming the criminal procedural legislation of Ukraine and adoption of regulatory legal acts on criminal proceedings needs to address new problems connected with Participation of specialists in conducting searches. Recent research and publications analysis. The participation of a specialist in search was studied by following scientists O.V. Konstantinov, V. I. Parkhomenko, B. V. Romanyuk, A. A. Sidorov, A. Y. Ushakov, M. G. Scherbakovsky and others. Paper objective. The purpose of the paper is to explore organization of specialists’ involvement conduct a search. Paper main body. The analysis of normative-legal acts of Ukraine allows to state that today is the actual invitation specialists to conduct a search. So, the Criminal procedure code of Ukraine determines the necessity of the participation of a specialist in the search. When planning a search, the investigator, the Prosecutor should consider the types of activities that may be done by the specialist or group of specialists during a search. That is, when planning a search specialist shall be invited only in case of assistance on specific issues. The investigator should invite a specialist of a certain profession. However, in practice there are cases when invited a few specialists, but the search was ineffective. Therefore, the investigator should carefully consider the need to attract during a search of a particular specialist. Organization of participation of a specialist during a search depends on its type. In accordance with the object search and object search, there are differences in the forms of special knowledge. Depending on the purpose of the invitation, the investigator chooses the appropriate specialist. For the correct organization of work of the specialist when conducting a search it should highlight the forms of its assistance. It is necessary organizational form of assistance. The light of the object and the object of the search, the specialist helps the investigator to choose the exercise of the warrant. Important is the technical assistance specialist. Preparatory assistance of a specialist is to help the investigator to decide on the time of the search, the participants searched, the necessary scientific and technical means. Information assistance specialist takes place in the course of the search, in the case where the specialist helps to identify the caches, repositories, based on existing expertise. Essential search form professional assistance when conducting a search conducted with the purpose of identifying persons or corpses. It is possible to identify an analytical form of professional assistance. Another form of professional assistance is providing advice during the preparation and when conducting a search. Conclusions of the research. Thus, may allocate such forms of assistance specialist during a search: 1) organizational form – specialist helps the investigator to determine a search range; 2) assist in preparation – the specialist helps the investigator to gather preliminary information on the search object; 3) technical assistance – technician to search for evidence, to assist in the implementation of audio and video; 4) form of advice – specialist help to the investigator in writing the protocol search; 5) information form of assistance to the specialist expressed his opinion on the search; 6) the analytical form of assistance specialist and the investigator analyzing the search object; 7) search form assistance – specialist assists the investigator and other members of the investigative team in search of objects.

article

English
Ukrainian

Yaroslav Mudryi National Law University, 2016.

search, organization of engaging a specialist, specialist, forms of help of specialist, Law