Theoretical and Methodological Principles of Research of Carrying out Covert Investigative (Detective) Actions by Authorized Persons in Criminal Proceedings

Abstract

Abstract. The relevance of the scientific article is due to the fact that the systematic scientific development of the theoretical and methodological foundations of research of carrying out covert investigative (detective) actions by authorized persons in criminal proceedings can ensure not only the acquisition of complex and objective data that contribute to the development of the theoretical provisions of covert investigative (detective) actions, but also provides solutions to problematic practical situations, providing authorized persons with an effective tool in the form of methodological recommendations for the effective conduct of such procedural actions. The purpose of the scientific article is the formation of the theoretical and methodological foundations of research of carrying out covert investigative (detective) actions by authorized persons in criminal proceedings. Taking into account the specificity of the subject and the purpose of the research, the methodological toolkit is represented by a system of philosophical, general scientific and special methods to ensure a comprehensive study of the subject of research. The key results of the study are the substantiation of the fact that during the development of the research methodology of conducting covert investigative (detective) actions by authorized persons, it is important to take into account the multi-level methodological toolkit, which should be based on a wide range of closely related methods that complement each other. The author pays detailed attention to such methods of scientific knowledge as philosophical (dialectical), formal science (method of formalization, analysis, synthesis, induction, deduction, method of idealization, observation, comparing, modeling) and special methods of criminal procedure (legal modeling, comparative method, observation) and forensic (criminalistic version, forensic planning, forensic analysis of the situation, forensic experimentation) sciences. The practical value of scientific statistics lies in the clarified methodological significance of the praxeological approach for monitoring the implementation of secret (surveillance) sound activities by senior individuals. This is due to the fact that the theory of the criminal process and criminology is oriented towards the emergence of their uninterrupted tasks as applied sciences. The author came to the conclusion that the theoretical and methodological principles of the study of covert investigative (detective) actions by authorized persons in criminal proceedings are aimed both at establishing scientific truth and at solving practical problems in the context of investigation.

 

Keywords: methods of scientific knowledge; methodology; crime; philosophical methods; general scientific methods; special methods; criminal process; criminology; investigator; operational units.

Downloads

Download data is not yet available.

Author Biography

Oleksandr DULSKYI

Doctor of Philosophy in Law,

Doctoral Student of the National Academy of Internal Affairs

Kyiv, Ukraine

References

Bekhruz, Kh.N., & Manuilova, K.V. (2023). Scientific research process: methodological aspect. Legal scientific electronic journal, 1, 534-537. doi: 10.32782/2524-0374/2023-1/123.

Chornous, Yu., & Shmitko, V. (2023). Theoretical and methodological principles of the investigation of corruption criminal offenses related to the receipt of illegal benefits. Philosophical and methodological problems of law, 26(2), 61-72. doi: 10.33270/02232602.61.

Chornous, Yu.M. (2017). Methodological principles of forensic investigation of crimes. Philosophical and methodological problems of law, 1(13), 63-75. Retrieved from http://nbuv.gov.ua/ UJRN/Fmpp_2017_1_8.

Dobronravova, I.S., Rudenko, O.V., & Sydorenko, L.I. (2018). Methodology and organization of scientific research. I.S. Dobronravova, & O.V. Rudenko, Eds. Kyiv: Kyiv. un-t.

Dovban, I.M. (2019) Methodological tools for the study of criminality of civil servants. Scientific Bulletin of the International Humanitarian University, 42(2), 100-103. doi: 10.32841/2307-1745.2019.42-2.25.

Filatov, V. (2022). General scientific and special legal methods of research of the model of transitional justice. Legal Bulletin, 2, 23-29. doi: 10.32837/yuv.v0i2.2317.

Hribov, M.L., Yemets, O.M., & Rusnak, D.I. (2020). Visual surveillance of a person, thing or place as a means of combating human trafficking. Scientific Bulletin of the National Academy of Internal Affairs, 3(116), 8-21. doi: 10.33270/01201163.8.

Hvozdiuk, V.V. (2021). Tactics of conducting investigative (search) actions taking into account the practice of the European Court of Human Rights (Doctoral dissertation, Kyiv, Ukraine). Retrieved from https://elar.naiau.kiev.ua/server/api/core/bitstreams/11c100c1-3a72-4f06-b6de-f62cb95b0c1d/content.

Kalambet, S.V., Ivanov, S.I., & Pivniak, Yu. (2015). Methodology of scientific research. Dnipropetrovsk: Makovetskyi.

Kmetyk-Podubinska, Kh. (2020) Legal modeling as a method of modern constitutional and legal research. Entrepreneurship, economy and law, 7, 211-215. doi: 10.32849/2663-5313/2020.7.36.

Kostytskyi, M., & Kushakova-Kostytska, N. (2023). Methodology of theoretical and practical knowledge in jurisprudence as a scientific and practical complex. Philosophical and methodological problems of law, 25(1), 9-17. doi:10.33270/01232502.9.

Orzhynska, Ye. (2021). Usage of general scientific methods in investigative practice. Entrepreneurship, Economy and Law, 2, 272-276. doi: 10.32849/2663-5313/2021.2.48.

Pavlichenko, Ye., Stets, O., & Sheludiakov, R. (2021). Methodological principles of comparative analysis in the legal research system. Entrepreneurship, economy and law, 4, 210-214. doi: 10.32849/2663-5313/2021.4.32.

Protas, O.L. (2022). Methodology and technology of scientific research. Ivano-Frankivsk: NAIR.

Priakhin, Ye.V. (2022). Forensic means and methods of investigating criminal offenses. Lviv: LvDUVS.

Rashkevych, N., & Otrosh, Yu. (2022). Methodology and organization of scientific research. Kharkiv.

Romanov, M.Yu. (2022). The method of investigation of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations through the prism of the situational approach. Actual problems of the state and law, 94, 110-115. doi: 10.32782/apdp.v94.2022.13.

Savvova, O.V. (2020). Methodology of scientific research. Kharkiv: KhNUMH im. O.M. Beket. Retrieved from https://core.ac.uk/download/pdf/334604241.pdf.

Shepitko, V.Yu., Zhuravel, V.A., & Konovalova, V.O. (et al.). (2019). Forensics. V.Yu. Shepitko (Eds.). Kharkiv: Pravo.

Sheiko, V.M., & Kushnarenko, N.M. (2011). Organization and methodology of scientific research activity (7th ed.). Kyiv: Znannia.

Sliusarenko, M. (2021). The concept of "methodology" in the context of the educational discipline on the organization of scientific research. Collection of scientific works of the Uman State Pedagogical University, 4, 87-94. doi: 10.31499/2307-4906.4.2021.250159.

Tahiiev, S.R. (2014). Methodological principles of the study of covert investigative (detective) actions. Comparative and analytical law, 8, 210-213. Retrieved from https://pap-journal.in.ua/wp-content/uploads/2020/09/8_2014.pdf#page=210.

Torbas, O.O. (2020). Application of discretion by the prosecutor in the process of authorizing and conducting investigative (search) actions. South Ukrainian legal journal, 1, 168-170. doi: 10.32850/sulj.2020.1.35.

Zhuravel, V.A. (2012). Methods in criminology. Theory and practice of forensic examination and criminology, 19, 21-31. doi: 10.32353/khrife.1.2019.02.


Abstract views: 54
PDF Downloads: 68
Published
2024-06-25
Section
Philosophy and philosophy of law