Forensic Characteristics with in the System of Clarification of Circumstances of Obtaining Improper Benefit by an Official

Abstract

Modern European integration processes in Ukraine are complicated by a number of factors. Corruption, embezzlement of state property, raiding, fraud, robbery, etc. have become commonplace today, which erodes public confidencein the rule of law. The most dangerous manifestation of corruption is obtainingan improper benefitby an official or so-called «bribery». For this reason, the studies of issues of optimization of combating corruption crimes in Ukraine are determinedprimarily by their undeniable relevance as well as by extensiveconsolidation of this social phenomenon at all government levels,which is extremely dangerous for Ukrainian statehood. In terms ofmanifestations variety, getting improper benefitby an official constitutes a complex mechanism of criminal activity, which in turn determines the characteristics of scientific and theoretical support of the law enforcement agencies and confirms the relevanceofthetopic. This crime is distinguished by several factors that significantly impede its investigation. They include high latency, complicated mechanism, mutual solidarity of those involved, the specifics of traces formation, the lack of traditional traces, and concealment of corruption by the leadership. The most difficult stage of the crime investigation is an initial one, where one of the key tasks of the investigator is to identify and analyze elements of forensic characteristics of the event – the kind of information model, qualitative and quantitative description of the elements of corruption act. Forensic characteristics contains information content embedded in its elements. It reflects the ideal model of a crime, which in turn is the epistemological basis for solving specific cognitive tasks of pretrial investigation. The main link between the elements of forensic characteristics is an identityof a criminal. Information content of getting improper benefit as a mechanism of a separate offense shall consist of the clarification of circumstancesof its commission in conjunction with the circumstances that are subject to proof under Article 91 of the Criminal Procedure Code (CPC) of Ukraine, as well as in the correlation relationship with certain elements of forensic characteristics of the crime. Among the circumstances of obtaining improper benefit, the clarification of reasons and conditions that contributed to the commission of the crime has an important preventive value. However, preventative procedural aspects were not properly reflected in the new CPC of Ukraine, which should be rectified at the legislative level.