Conducting Investigative (Detective) Actions with the Participation of Minor Victims with Disabilities: Organizational, Tactical and Psychological Principles
Abstract
Abstract. The study of statistical data on the dynamics of criminal offenses committed against minor victims with disabilities of psychophysical development demonstrated their quantitative growth. First of all, this is due to the fact that minor victims with disabilities of psychophysical development are characterized by victimhood. The conditions of martial law, overcoming the full-scale aggression of the Russian Federation, have negative consequences, but the war has a detrimental effect on the physical, psychological and mental health of children. Peculiarities of the investigation, tactics of investigative (search) actions related to the pathological condition of such children, who, if present, have a disability, were not the subject of scientific research, which determined its relevance. The purpose of the article is to reveal the content of investigative (research) actions with the participation of minor victims with disabilities of psychophysical development in accordance with organizational, tactical and psychological principles. The research used the process of both general scientific and special legal methods: comparative legal, system-structural, and the method of system analysis. In order to cover the issues in detail, a view on the structure of the tactics of investigative (search) actions was chosen as the basis according to the stages: preparation; carrying out; recording of progress and results, their evaluation. accordingly, the organizational-tactical and psychological measures of conducting investigative (search) actions at each of the stages are revealed. The importance of the interaction of the investigator with other subjects during the implementation of the assigned tasks is demonstrated. To increase the effectiveness of practical activities, to improve the formation of theoretical and practical recommendations in the context of the fact that the joint activity of the investigator with other subjects during investigative (search) actions involving minor victims with disabilities of psychophysical development has legal consolidation, which is reflected in a general form. interaction (implemented with information, reference transmission for collecting and transmitting information), as well as in a special form of interaction (during which the next party provides letters and oral instructions, instructions to other subjects, procedural decisions in criminal proceedings), as well as in a non-procedural form interaction, within which organizational-tactical, psychological and managerial tasks are provided.
Keywords: pretrial investigation; human rights and freedoms; tactical technique; criminal offense; specialist; psychologist; doctor; forensic medical expert.
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References
Davydiuk, P.P., & Kyrychuk, B.S. (2023). Peculiarities of the use of tactical techniques during the interrogation of minors by the investigator. Science and technology today, 13(27), 68-80. doi: 10.52058/2786-6025-2023-13(27)-68-80.
Dmytryshyna, T.I. (2020). Juvenile justice: international experience and prospects for its implementation in Ukraine. Entrepreneurship, economy and law, 1, 210-219. doi: 10.32849/2663-5313/2021.1.37.
Ishchenko, I.V. (2022). Study of the place of the National Police units in the system of bodies and services for children's affairs regarding the implementation of juvenile prevention. Law and society, 4, 308-314. doi: 10.32842/2078-3736/2022.4.44.
Kashpur, A.S., & Sokyran, F.M. (2021). Interrogation of a minor: forensic and psychological characteristics. Legal psychology, 2(29), 61-69. doi: 10.33270/03212902.6110.
Komarynska, Yu.B. (2021). Psychological and forensic characteristics of the victim in criminal offenses related to domestic violence. Legal psychology, 2(29), 82-90. doi: 10.33270/03212902.82.
Korniienko, M.V. (2018). Peculiarities of ensuring and protecting the rights of children by the district police officer. Legal journal of Donbass, 3(64), 100-107. doi: 10.32366/2523-4269-2018-64-3-100-107.
Maliarova, V.O., & Dmytriieva, L.V. (2017). Types and forms of interaction under the influence of new criminal procedural legislation. Scientific Bulletin of the Uzhhorod National University, 2(43), 179-182.
Okhrimenko, I.M., & Luzanova, H.O. (2016). Problems of appointing forensic psychological examinations of victims during the investigation of sexual crimes. Entrepreneurship, economy and law, 4, 102-107.
Olshanetskyi, I.V. (2020). Juvenile justice: problems of legislative regulation of its bodies in Ukraine (juvenile judge, prosecutor, investigator, lawyer). Constitutional state, 37, 45-56. doi: 10.18524/2411-2054.2020.37.201508.
Osypenko, I.P., & Prorochenko, V.V. (2019). Use of opportunities of non-verbal information in the investigation of crimes. Legal scientific electronic journal, 6, 392-395. doi: 10.32782/2524-0374/2019-6/94.
Pasko, O.M., & Horoshko, V.V. (2022). Communicative readiness of the investigator as a necessary component of the interrogation of minors. South Ukrainian legal journal, 1-2, 273-277. doi: 10.32850/sulj.2022.1-2.48.
Pavlova, N.V. (2020). The use of demonstration tools (anatomical dolls) during the interrogation of a minor. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, 1, 215-220. doi: 10.31733/2078-3566-2020-1-215-220.
Pchelina, O. (2020). Use of special knowledge in the field of psychology in criminal proceedings. Entrepreneurship, economy and law, 7, 365-370. doi: 10.32849/2663-5313/2020.7.62.
Popov, H., Urumova, I., & Tsiuman, T. (2021). Methodological recommendations for interviewing children as part of the investigation. T. Tsiuman (Eds.). Kyiv. Retrieved from https://rescentre.org.ua/ images/Uploads/Files/child_witness_dl/Metod_recommendations_opytyvanya_ditey_UKR.pdf.
Reporting on registered criminal offenses and the results of their pretrial investigation. Site "Office of the Prosecutor General". Retrieved from https://gp.gov.ua/ua/posts/pro-zareyestrovani-kriminalni-pravoporushennya-ta-rezultati-yih-dosudovogo-rozsliduvannya-2.
Shmyhol, T.H. (2007). Peculiarities of interrogation tactics in the investigation of crimes committed by minors. Entrepreneurship, economy and law, 8, 134-137.
Suvorova, A.O. (2023). Peculiarities of the tactics of examining minor victims with disabilities of psychophysical development. Legal psychology, 1(32), 128-137. doi: 10.33270/03233201.128.
Terekhovych, V.N., & Niemande, Ye.V. (2018). The essence of forensic tactics. Theory and practice of forensic examination and criminology, 18, 35-44. doi: 10.32353/khrife.2018.04.
Yatsyna, O.F. (2022). The impact of war on mental health: signs of psychological traumatization of children and adolescents. Scientific perspectives, 7(25), 554-567. doi: 10.52058/2708-7530-2022-7(25)-554-567.
Yefimov, M.M. (2020). Peculiarities of establishing psychological contact during interrogation during the investigation of crimes against morality. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, 1, 200-204. doi: 10.31733/2078-3566-2020-1-200-204.
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