ACTUAL PROBLEMS OF PRE-TRIAL INVESTIGATION UNDER SPECIAL LEGAL REGIMES

Abstract

The scientific article is dedicated to highlighting the current problematic issues of pre-trial investigation in conditions of special legal regimes, in particular, in conditions of martial law, epidemics, pandemics, etc. The specifics of the organization of the investigation, depending on the investigative situations that developed at the initial stage of the investigation, as well as the organizational and tactical support for conducting investigative (search) actions during a pandemic or epidemic, problematic issues of documenting war crimes are determined. The essence and main forms of interaction during the pre-trial investigation are defined. It was emphasized that the activities of law enforcement officers should have a specific structure that will vary depending on the specific circumstances present during the investigation of certain criminal offenses. The systematic and coordinated activity of the employees of the National Police units allows to conduct separate investigative (search) actions quickly and rationally, to obtain a sufficient amount of evidential (orientation) information. Attention is focused on the need to create an effective modern system of criminalistic support for procedural actions, the organization of pre-trial investigation, and the problematic issue of the use of special knowledge. The degree of awareness of the investigators and employees of the operational units of the National Police regarding the peculiarities of the pandemic (epidemic), the specifics of the pre-trial investigation, the procedure for organizing individual investigative search operations with the participation of participants in the criminal process (suspect, victim, witness) was emphasized. It was determined that in addition to tactical techniques, investigative tactics also develop tactical recommendations, in this regard, the definition of tactical recommendations during pre-trial investigation in conditions of special legal regimes (epidemic, pandemic) was proposed as a model of investigator behavior during procedural actions, which has tactical, medical and psychological features of its implementation. The tactical features of carrying out certain procedural actions provided for by the Criminal Procedure Code of Ukraine, which are investigative and cognitive in nature, are characterized. Documenting war crimes requires law enforcement officials to plan their actions fairly clearly, especially at the initial stage of the investigation. Considering this, the development of practical recommendations for the investigative and operational units of the National Police is one of the important directions for achieving the goal of criminal proceedings.