Essence and Features of Creation of not Envisaged by the Law the Paramilitary or Armed Formations as an Integral Part of Criminalistic Methodology of their Investigation
Keywords:
military training, drill training, physical training, paramilitary formations, armed formations, criminal proceedings, pre-trial investigation, Criminal Code of Ukraine
Abstract
The article examines the correlation of concepts «paramilitary formations», «armed formations» their determination in accordance with the current legislation of Ukraine and published scientific papers, analysis and justification of proposals for its improvement. From the beginning of the armed conflict in eastern Ukraine and conducting of counterterrorist operation has gained particular importance of detection and investigation of facts of creation of not envisaged by the law the paramilitary or armed groups. Such actions are stipulated in the legislation of Ukraine as a criminal offense under art. 260 of the Criminal Code of Ukraine on April 5, 2001, which came into force on 1 September 2001. According to statistics, from 2001 to 2014, this rule is practically had not been used. At the same time, starting from January 2014, due to the abrupt change of situation, aggravation of the crime situation and social tensions, increased incitement of ethnic and inter-regional hatred, proliferation of crimes against persons and of violent crimes, every year in Ukraine began to increase the number of registered these crimes, which have the pretty high level of latency. Methods of investigation of creation the not envisaged by law the paramilitary or armed groups has its own specifics and require significant processing, synthesis and development of guidelines for investigators of the pre-trial investigation, prosecutors, investigators, judges and courts. The quality of the pre-trial investigation fully depends on precise and clear formulation in the legislation of Ukraine the concepts, which defined in the disposition of legal norms.Downloads
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How to Cite
[1]
Dudarets, R. 1. Essence and Features of Creation of not Envisaged by the Law the Paramilitary or Armed Formations as an Integral Part of Criminalistic Methodology of their Investigation. Scientific Herald of the National Academy of Internal Affairs. 101, 4 (1), 189-196.
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Law enforcement activities
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