Pinchuk L.V. —
Tactical and forensic support of general inspection of the road traffic accident scene
// Security Issues. – 2024. – ¹ 2.
– P. 30 - 41.
DOI: 10.25136/2409-7543.2024.2.70912
URL: https://en.e-notabene.ru/nb/article_70912.html
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Abstract: The subject of the study is the main approaches to the tactical and forensic support of the inspection of the scene of a traffic crime. The article deals with the problem of examining the scene of a traffic crime, which is faced by all, without exception, investigators of internal affairs agencies, whose jurisdiction includes the investigation of this category of criminal cases. The author substantiates the idea that the tactical and forensic support for the inspection of the scene of a traffic crime is very important for establishing most of the circumstances of the crime under investigation, while highlighting specific circumstances characterizing such significance, and also provides examples from judicial practice. The author identifies the elements of tactical and forensic support for the inspection and proposes a specific algorithm for the actions of the law enforcement officer during the general inspection of the accident site. The methodological basis of the study was made up of: the formal legal method, the method of critical analysis, as well as the method of legal modeling. The author summarizes new material on the topic under study: official statistics for 2022 and 2023, examples from judicial practice from 2017 to 2022, monographic studies by domestic authors from 2015 to 2021, studies by foreign authors, and also uses the author's experience in investigating traffic crimes as an investigator of law enforcement agencies internal affairs. The program of actions of the investigator during the general inspection of the scene of a traffic crime is proposed, which includes a number of successive actions, during which the situation of the scene does not change, consistent observation of all objects and traces at the scene of an accident is carried out, prerequisites for qualitative investigation of traces are created during the subsequent detailed inspection of the scene of a traffic crime.
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.