Вісник Харківського національного університету внутрішніх справ (Dec 2022)
Investigative (search) and covert investigative (search) actions as means of proof in criminal proceedings related to illegal trafficking in firearms or ammunition
Abstract
The subject matter of the study is to provide a detailed description of investigative (search) and covert investigative (search) actions as means of proof in criminal proceedings related to illegal trafficking in firearms or ammunition. The purpose of the article is to clarify the place, content, significance and system of such actions. It is suggested that the actions under study are inherent phenomena, necessary processes which include methods of collecting and verifying factual data to form appropriate admissible and reliable evidence as the basis for making a lawful, reasonable and well-grounded court decision in criminal proceedings related to illegal trafficking in firearms or ammunition. This study is aimed at creating preconditions for improving existing and developing new forensic recommendations and methods for investigating criminal proceedings related to illegal trafficking in firearms or ammunition, as well as developing proposals for improving the current criminal procedure legislation in terms of regulating evidence. As a result of the study, it has been obtained new scientifically substantiated results which contribute to improving the provision of investigative bodies with modern methodological recommendations aimed at increasing the efficiency of investigation of criminal offenses related to illegal trafficking in firearms or ammunition. It has been clarified the meaning of investigative (search) and covert investigative (search) actions as effective means of proof due to their cognitive and identification capabilities, the significance of these actions (ensuring obtaining proper, admissible and reliable proof) has been determined and their system (priority and subsequent, typical and exceptional) has been considered. It has been proved that these actions form the instrumental basis for the formation of the evidence base in the course of criminal investigations. It is concluded that a systematic approach to the formation and scientifically based analysis and generalization of the content of evidence are the conditions for the development of effective modern methods of investigating criminal offenses related to illegal trafficking in firearms or ammunition.
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