Peculiarities of the Initial Stage of Investigation of Interference with the Activities of Public Authorities

V. Yu.  Popov

V. Yu. Popov National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute”of Ministry of Justice of Ukraine https://orcid.org/0009-0003-9020-9448

Keywords: forensic methodology, pre-trial investigation, interference with activities, representative of a public authority, initial stage of investigation, grounds for opening criminal proceedings.

Abstract

It is determined that interference with the activities of representatives of public authorities involves the allocation of two stages – initial and final. It is established that the main sources of information about the fact of interference with the activities of public authorities are most often: information from victims or witnesses; information posted in the media, messengers or social networks, or information found during the monitoring of open sources. It is found that the procedural registration of information on interference with the activities of representatives of public authorities is most often carried out in written documents, including: a statement of a criminal offence; a protocol on acceptance of a statement of a criminal offence; a report of a law enforcement officer; a report on interference with the activities of a judge in the administration of justice; information received from enterprises, institutions, organisations, including the referendum commission and the election commission.

It is substantiated that the initial information about a criminal offence is subject to assessment and verification. The assessment of such information is aimed at establishing the sufficiency of the data revealed for further planning of priority investigative (detective) actions and procedural measures, as well as the presence of signs of a criminal offence, and refuting the insignificance of the act. The verification of information involves ascertaining its reliability, since the falsity of any facts will refute the expediency of taking further action, especially given the high workload of security forces.

It is argued that when taking a statement of a criminal offence, independently detecting signs of interference with the activities of representatives of pre-trial investigation bodies or when it is received by mail by an employee of a pre-trial investigation body, it is necessary to objectively assess whether it was filed within the statute of limitations for bringing a person to criminal liability for the relevant act; whether it contains a warning of criminal liability for knowingly false reporting of a criminal offence; whether it contains a

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Author Biography

V. Yu. Popov, National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute”of Ministry of Justice of Ukraine

Candidate of Law.

Doctoral student.

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