Application of Special Knowledge in the Investigation of Crimes Related to Information Aggression
Abstract
Abstract. The article provides a comprehensive theoretical and applied analysis of the application of special knowledge in the investigation of crimes related to information aggression, as provided for in Articles 436, 436-1, and 436-2 of the Criminal Code of Ukraine. It is substantiated that the subject of infringement in such proceedings has a «dual» nature: on the one hand, it is an information product (text, audio, video material, creolized content, symbols), and on the other hand, a digital medium and the communication environment of its distribution (social networks, messengers, platforms, accounts, devices, metadata), which significantly complicates proof and requires systematic involvement of special knowledge. During the analysis of court verdicts, typical directions of using special knowledge in the formation of evidence were identified, in particular: establishing the content orientation of statements (the presence of appeals, justifications, denials, or glorifications), identifying prohibited symbols, proving publicity in the digital environment, establishing the connection of content with a specific account/device, and reconstructing the repetition or multiplicity of information actions. The role of forensic- linguistic and complex psycholinguistic examinations as a key tool for studying the meaning of what is expressed in the public space, in the context of the narrative and contextual nature of propaganda messages, where the criminal- legal significance is often not the literal mention of the aggressor state but the reproduction of typical propaganda slogans, is highlighted. The problem of the lack of clarity of the boundaries of the competence of the expert and the court, when the formulation of questions or conclusions approaches legal qualification, as well as the vulnerability of the methodological transparency of expert approaches in terms of sources of interpretation and reproducibility of procedures, is emphasized. Practical recommendations are formulated to optimise the interaction of the investigator, specialist, and expert, standardise the recording of digital evidence, formulate expert tasks correctly, and reduce the likelihood of ordering additional or repeated examinations in proceedings of this category.
Keywords: national security; combating crime; foundations of peace and security; forensic examination; review of computer data; forensic examination; information.
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