Role and Place of the Verification Method during the Investigative Experiment

Abstract

The scientific article is devoted to the coverage of topical issues that arise in the practical investigative units of the National Police of Ukraine, during the verification of data on the occurrence of a criminal offense during an investigative experiment at the stage of pre-trial investigation. In investigative practice, the methods of verification are not applied in full, which leads to an inappropriate line of conduct of the investigator in the process of collecting, investigating and using evidence during the investigative experiment. The purpose of the study is to obtain scientific conclusions on the verification of data on the crime during the investigative experiment at the stage of pre-trial investigation, as well as to provide reasonable suggestions for improving the tactics of verification during the investigative experiment and their practice application. The methodological basis of the research is the dialectical-materialist method – it helped to understand the object of research in the context of combining the needs of science and practice, the methods of formal logic – allowed to understand in more detail the tactics of verification during the investigative experiment; comparative legal method – during the analysis of substantive and procedural law, scientific categories, definitions and approaches; historical and legal method – to reveal the content of basic concepts: «investigative experiment», «tactics of investigative (search) actions», «verification» on the basis of scientific views and provisions of current legislation; system-structural method – for the disclosure of problematic issues during the verification of data on the crime during the investigative experiment; method of system analysis – for a comprehensive generalization of the tactics of investigative (search) actions. Scientific novelty of the obtained results. The author has improved: understanding the structure of verification of data on the event of a criminal offense and the tactics of investigative (search) action in accordance with the stages of preparation, working stage, stage of recording the course and results, evaluation of the results in criminal proceedings; forensic recommendations on the use of technical means of recording criminal proceedings in the context of investigative situations related to the conclusions of the verification of evidence of the reliability or inaccuracy of information about the criminal event that took place; received further development: tactics used at the working stage of verification of crime data during the investigative experiment; forensic recommendations for data verification during the investigative (search) action – the investigative experiment. Conclusions. During the investigation of criminal proceedings there is a need to verify the data on the criminal offense, to find out the real possibility of a particular event in a particular investigative situation. The verification of data on the event of the crime and the psychological characteristics of the investigative experiment should include: 1) the individual ability of the person to perceive and remember the circumstances under which the event occurred; 2) spatial orientation of the person; 3) the psychological state of the person giving the testimony, the place of the event in which he is repeatedly present.

Keywords: verification; investigative experiment; investigative (search) action; stages of investigative (search) action; mental state; criminal proceedings.