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ЩОДО СПІВВІДНОШЕННЯ ПОНЯТЬ РОЗКРИТТЯ ТА РОЗСЛІДУВАННЯ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ.

Authors :
Є. Д., Лук’янчиков
Б. Є., Лук’янчиков
О. Б., Микитенко
Source :
Uzhhorod National University Herald Series Law; 2024, Vol. 84 Issue 4, p93-98, 6p
Publication Year :
2024

Abstract

The article examines the correlation between the concepts of detection and investigation of criminal offenses which are widely used in legislation and theory of criminal procedure, operational and investigative activities, and forensics. The author draws attention to the fact that the current CPC of Ukraine introduces the concepts of investigation and trial instead of detecting crimes to determine the tasks of criminal proceedings. The article provides information about the authors who have devoted their research to the analysis of the concepts of detection and investigation of criminal offences. It is noted that in some cases, discussions among scholars arise due to ambiguous understanding and interpretation of the essence and content of these concepts. The purpose of the study is to analyse the provisions of current legislation which regulate the issues of combating crime and the use of the concepts of detection and investigation of criminal offences, as well as the works of scholars who have analysed these issues and substantiated their personal vision of their solution. The analysis of the publications of scientists who tried to formulate the definition of the concepts of detection and investigation of crimes, reveal the essence and show their importance for the theory and practice of law enforcement during the evaluation of the effectiveness of their work in combating crime was carried out. It is proved that the concept of criminal offences detection has the right to be used in rule-making and theoretical developments. To reduce contradictions, it should be considered in three senses: as a task of criminal proceedings; as a special type of law enforcement activity aimed at detecting criminal offences and their perpetrators and proving the circumstances which are the subject of proof for making a correct court decision; and as a result of such activity. The author proposes to define the moment when it is appropriate to consider a criminal offence to be solved. The conclusions contain proposals regarding the practicality of using the phrase «detection of criminal offences», which covers misdemeanours and crimes when formulating the tasks of criminal proceedings and stating in the article on clarification of terms that detection of crimes as an activity includes detection of signs of a criminal offence and its investigation. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
23073322
Volume :
84
Issue :
4
Database :
Complementary Index
Journal :
Uzhhorod National University Herald Series Law
Publication Type :
Academic Journal
Accession number :
179759140
Full Text :
https://doi.org/10.24144/2307-3322.2024.84.4.12