Substantive components of forensic characterisation of interference with the activities of public authorities

Abstract

The article substantiates the thesis that criminalisation of interference with the activities of public authorities is a natural step towards the development of a democratic and rule-of-law state, and even more so in the current realities of Ukraine's state and legal development. The article emphasises the importance of ensuring the effectiveness of investigation of these criminal offences. It is indicated that the development of practical recommendations for their investigation requires taking into account a number of informative factors, in particular, those which find their external manifestation in the mechanism of criminal activity. Based on the results of generalisation of the substantive components of the mechanism of interference with the activities of representatives of public authorities (unlawful influence or obstruction of activities), the substantive elements of the criminalistic characterisation of criminal offences of this group are identified. It is proposed to distinguish among them: 1) peculiarities of the situation, time and place of the interference; 2) typical traces of illegal activities aimed at interfering with the victim’s activities – representative of the state authority; 3) methods of interference with the activities of public authorities; 4) characteristic features of the victim of interference with activities – representative of the state authority, information about his/her type of activity, official position, functional responsibilities, information about the immediate supervisor, etc.; 5) information about the identity of the offender, motives and purpose of interference with the victim's activities – representative of the state authority, etc. The characteristics of each identified element is provided. It is emphasised that the characteristics inherent in each element of the forensic characteristic of interference with the activities of representatives of public authorities, determined on the basis of the analysis of investigative and judicial practice, should be taken into account when developing other elements of the forensic methodology for investigating this group of criminal offences.

Keywords

• forensic methodology
• forensic characteristic
• criminal offence
• crime
• interference with activities
• employee of a public authority.