Subject matter of proof and peculiarities of collecting evidence in the investigation of crimes committed against the law enforcement officers

O. O. Sharova-Aidaieva

doi:10.32631/v.2023.4.28

O. O. Sharova-Aidaieva Kharkiv National University of Internal Affairs https://orcid.org/0009-0002-1026-2330

DOI: https://doi.org/10.32631/v.2023.4.28

Keywords: criminal proceedings, pre-trial investigation, crime, law enforcement officer, evidence, object of proof, collection, inspection, investigative (search) action.

Abstract

The defence and security sector plays a significant role in ensuring the national security of the state, the vast majority of which are law enforcement agencies. Based on the specifics of the activities of the bodies and units entrusted with the implementation of the law enforcement function, the state guarantees criminal law protection of their life, health, private property, professional authority, and the ability to perform their professional duties without hindrance, etc. Nevertheless, the proportion of recorded crimes involving law enforcement officers remains quite significant, which necessitates the identification of ways to counteract them. An important aspect of conducting an effective and objective pre-trial investigation of this type of crime is to ensure that these crimes are proved, with the main burden of proof being placed on the prosecution. Given that in the theory of national legal science the subject matter of proof and peculiarities of evidence collection in the course of investigation of crimes the victims of which are law enforcement officers have so far remained outside the scope of substantive study by scholars, clarification of certain aspects of this issue has been chosen as the purpose of the study.

The article defines the general subject matter of proof in crimes where law enforcement officers are the victims, and also outlines certain aspects of evidence collection in criminal proceedings of this category. It has been determined that the measures of collecting evidence include: investigative (search) and covert investigative (search) actions, some measures to ensure criminal proceedings, as well as things, documents, information, expert opinions, etc. requested and received by the subject of proof from representatives of public authorities, local self-government bodies, enterprises, institutions and organisations, officials and individuals. It is emphasised that, due to the lack of comprehensive developments on this issue, it requires further in-depth research.

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Author Biography

O. O. Sharova-Aidaieva, Kharkiv National University of Internal Affairs

Postgraduate student.

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