Application of specialised knowledge in the investigation of collaborative activitу: practical aspects

Abstract

The article substantiates the position that in the course of investigation of collaboration activities, it is important to involve competent persons in criminal proceedings. The author emphasizes that digital traces have a significant evidentiary potential, which, based on the results of expert research, i.e., on the basis of the implementation of procedural forms of using special knowledge, become the basis for obtaining procedural sources of evidence in criminal proceedings. It is determined that it is inadmissible during the investigation to neglect the prospects of these forms of use of special knowledge or to neglect the stage of preparation for the appointment of these examinations. It is noted that this may lead to the loss of evidentiary potential of certain material and digital objects. In this regard, an indispensable condition at the stage of preparation for the appointment of these expert examinations is to take measures to collect comparative samples for expert examination, to record them procedurally in the criminal proceedings and to send a qualified expert authorised to conduct this type of expert examination in a timely manner.

Based on the study of law enforcement and expert practice and taking into account the provisions of theoretical research, the opportunities of modern expert research in proving the circumstances to be established in the course of investigation of collaboration activities are determined. Based on the results of the analysis of expert opinions, the study identifies typical mistakes that occur in the practical activities of pre-trial investigation bodies and provides recommendations for eliminating such shortcomings which affect the ability to solve expert tasks in particular and tactical tasks of investigation in general. Based on a generalisation of the expert examinations most often ordered in the course of investigation of collaboration activities, it is determined that comparative samples and objects sent for expert examination should be prepared, obtained and sometimes even manufactured in compliance with the following recommendations: 1) to ensure their receipt in the manner prescribed by the criminal procedural legislation; 2) to send for expert examination only those objects that meet the requirements of completeness and reliability, and in the case of portrait and handwriting examination – also comparison; 3) to seek advice from a forensic expert in the absence of the initiator of the expert examination of the necessary knowledge of the peculiarities of the preparation of comparative samples, as well as other information that should be communicated to the future expert.