CIRCUMSTANCES TO BE INVESTIGATED DURING THE INVESTIGATION OF COLLABORATIVE ACTIVITIES

Abstract

It has been emphasized that criminal liability for collaborative activity was
established relatively recently, due to which there are no comprehensive studies
on the organization and implementation of their pre-trial investigation. It has
been found that the specific weight of criminal proceedings referred to the court
with an indictment is quite low, which indicates the emergence of difficulties for
law enforcement officers during the detection, documentation and pre-trial
investigation of collaborative activities due to the lack of experience in
investigating a separate category of criminal offenses, effective forensic
recommendations for optimizing the specified activities to ensure the
effectiveness of criminal proceedings, as well as unified law enforcement practice.
It has been established that the circumstances to be ascertained during the pre-
trial investigation of collaborative activity are correlated with the circumstances
to be proved in the outlined category of criminal proceedings. It has been
substantiated that the systematization of the circumstances to be ascertained
during the investigation of collaborative activity is carried out taking into account
the subject of proof defined in Art. 91 of the Criminal Procedure Code of Ukraine,
part of the criminal offense described in Art. 111-1 of the Criminal Code of
Ukraine, and the specifics of the mechanism of committing the specified type of
illegal acts. The following groups of circumstances to be ascertained during the
investigation of collaborative activity have been singled out and characterized:
circumstances characterizing the occurrence of a criminal offense; circumstances
characterizing the person of the offender; circumstances influencing procedural
decisions.