PARTICIPATION OF A SPECIALIST IN CONDUCTING INVESTIGATIVE (SEARCH) ACTIONS, AS ONE OF THE FORMS OF USING SPECIAL KNOWLEDGE IN THE INVESTIGATION OF OFFICIAL FORGERY

Abstract

The article highlights the importance of specialist participation as one of the main forms of using special knowledge in the investigation of official forgery. It is established that the involvement of a specialist in the investigation of official forgery occurs in the following forms: 1) practical; 2) methodical; 3) technical; 4) advisory; 5) procedural. It is proved that the practical form in the investigation of official forgery is most often realized during the conduct of individual C (R) D. As a result of the study, it was found that the main C (R) D in which the specialist was involved are: inspection of the scene (hereinafter – WMD) (98.3%); interrogation (78.3%); search (75.4%); investigative experiment (22.4%). It was found that the methodical form of involvement of a specialist in most cases is manifested mainly in oral form. It is established that most often such assistance in the investigation of forgery is provided by experts in the specialty 1.2.1 (technical examination of documents). It is substantiated that the forensic expert in this specialty will provide the investigator with methodological recommendations for review, description of the document and referring it to the official document in order to prosecute under Art. 366 of the Criminal Code of Ukraine. It is established that the technical form consists in the use of the entire permitted set of scientific and technical means in order to collect the maximum set of trace information and evidence on the facts of official forgery. It is determined that the consultative form is manifested in the form of obtaining advice on various issues in criminal proceedings on the fact of forgery. It is proved that the consultation of a specialist in a certain field or field, which is obtained orally, is not reflected in the materials of the criminal proceedings, and accordingly can not be used as evidence in it. In order to eliminate this gap, a way to solve it in the form of proposals for amendments to the CPC of Ukraine is proposed. The procedural form is expressed in the form of providing an opinion on issues related to the knowledge of the specialist, during the pre-trial investigation of criminal offenses.