Pinchuk L.V. —
Checking the testimony on the on-site inspection during the investigation of traffic crimes
// Security Issues. – 2024. – ¹ 4.
– P. 67 - 77.
DOI: 10.25136/2409-7543.2024.4.72380
URL: https://en.e-notabene.ru/nb/article_72380.html
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Abstract: The subject of the study is the patterns of collecting, researching, evaluating and using evidence during the on-site inspection testimony verification in the investigation of traffic crimes. To clarify these patterns, the author refers to literature sources on this issue. The author uses materials of judicial practice, criminal procedure legislation of the countries of the Commonwealth of Independent States (CIS). The author substantiates the importance of checking the testimony on-site in order to prove the circumstances of a traffic crime and, in particular, to obtain initial data on which a forensic automotive technical examination will be appointed. The article analyzes the legally fixed purpose of checking the testimony on-site and indicates the need to specify it. As additional purpose of this investigative action is proposed the verification of previously obtained testimony. The methodological basis of the study is the method of critical analysis, the method of legal modeling, the comparative legal method and the method of observation. The scientific novelty of the study lies in the fact that the author considers the goals of checking on-site testimony in the investigation of traffic crimes. New material on the topic under study is summarized: official statistics data for the first nine months of 2024, examples from judicial practice for 2024, and the author's experience in investigating traffic crimes as an investigator of internal affairs bodies is used. A comparative analysis of the criminal procedure legislation of the CIS member states on the issue of regulating the purposes of checking testimony on-site is carried out. The main conclusions of the scientific research are: firstly, the conclusion about the insufficiency of the legally fixed purpose of checking testimony on-site in Article 194 of the Code of Criminal Procedure of the Russian Federation; secondly, the conclusion about the need for a separate purpose - checking previously obtained testimony; thirdly, the conclusion about the importance of highlighting the purpose - clarifying previously obtained testimony.
Pinchuk L.V. —
The structure and content of the traffic crimes
// Security Issues. – 2023. – ¹ 4.
– P. 102 - 110.
DOI: 10.25136/2409-7543.2023.4.69252
URL: https://en.e-notabene.ru/nb/article_69252.html
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Abstract: The subject of the study is the main approaches to determining the system of dynamic and temporal relationships of road traffic crimes included in the mechanism of road traffic crimes, its content and structure, as well as the law enforcement practice of investigating this category of criminal cases. The purpose of the study is to clarify and substantiate the substantive elements of the mechanism of traffic crimes and to define its concept. The author substantiates the idea that knowledge and understanding of the system of dynamic and temporal relationships of road traffic crimes helps law enforcement officers at the initial stage of the investigation to find out which objects interacted with each other during the commission of criminal acts, to form versions as to the condition and properties of these objects carried out contact interaction. The methodological basis of the study is: the method of critical analysis (the analysis of various points of view of the authors on the concept of "mechanism of road traffic crimes" was carried out and elements of the mechanism of road traffic crimes were identified), the method of legal modeling (a variant of the structural construction of the mechanism of road traffic crimes was proposed, the formulation of the concept of "mechanism of road traffic crimes" was carried out). The author summarizes new material on the topic under study: official statistics data for 2022 and six months of 2023, research by domestic authors from 1999 to 2023, and also uses the author's experience in investigating traffic crimes as an investigator of internal affairs bodies. The author analyzes the available points of view in the forensic literature and proposes a definition of the mechanism of traffic crimes, as well as its possible content and structure. The author comes to the conclusion that the mechanism of traffic crimes is a system of dynamic and temporal relationships, the main elements of which are: 1) the driver; 2) the vehicle; 3) various types of road situations, including information about road conditions and the environment in each form – from the initial to the culmination.