CRIMINALISTIC FEATURES OF THE FORMATION OF METHODS FOR INVESTIGATING CRIMINAL OFFENCES IN THE SPHERE OF OFFICIAL ACTIVITIES

Abstract

Abstract. The article provides a comprehensive study of the criminalistic features of the formation of methods for investigating criminal offences in the sphere of official activities. It is noted that the limited number of existing scientific developments in this field, as well as the lack of properly formulated practical methodological recommendations, combined with the complexity of the technological mechanism for committing corruption offences, significantly complicate the effective conduct of pre-trial investigations of such acts. In this regard, the need to develop a comprehensive forensic methodology for investigating criminal offences of this category is justified. The proposed methodology takes into account a number of key elements: the forensic characteristics of the relevant criminal offences; the specifics of identifying, documenting and recording facts of unlawful official activity; the specifics of establishing the circumstances to be proven; typical investigative situations; the specifics of operational and investigative support; the organisation and tactics of conducting individual investigative (search) actions; the involvement of specialists, the use of special knowledge, as well as the appointment and conduct of forensic examinations. Within the scope of the study, taking into account criminal law and forensic aspects, it is substantiated that the combination of individual and group methods of investigating corruption offences – such as abuse of power or official position, exceeding official powers, official forgery, obtaining unlawful benefits and others – forms a single comprehensive methodology for investigating criminal offences in the sphere of official activity. The central element of this methodology is the criminalistic characteristic, which is considered as an informational and cognitive model covering the structural components: the subject of the criminal offence, the methods and circumstances of its commission, the trace pattern, as well as information about the official(s). It is emphasised that this model contains criminally significant features that not only serve as grounds for initiating criminal proceedings, but also make it possible to ensure the formation of an adequate evidence base sufficient to complete the pre-trial investigation within a reasonable time frame in compliance with the requirements of criminal procedural law.

Keywords: criminal offences in the sphere of official activities; corruption; investigation methodology; criminalistic characteristics; pre-trial investigation; official.