IMANENT SIGNS OF OPPOSITION TO THE INVESTIGATION OF CRIMINAL OFFENCES

Abstract

The article determines that the following are appropriate to include as
inherent signs of opposition to the investigation: 1) opposition to the
investigation is a form of social activity that may take on an unlawful (criminal)
nature; 2) it is aimed at creating unfavorable conditions and obstacles to
establishing the truth in criminal proceedings, associated with making it
impossible to solve the tasks of criminal proceedings; 3) is implemented in both active and passive forms of behavior; 4) can be committed in the form of a single
intentional action or consists in committing a whole complex of actions; 5) can be
implemented after the opening of criminal proceedings, but in some cases and
before the moment of entering information about criminal proceedings into the
Unified Register of Pre-Trial Investigations; 6) actions committed for the purpose
of counteraction may be associated with the physical and intellectual impact on
individual objects (including living persons), aimed at preventing other actions
and complicating the achievement of the legitimate goals of the representatives of
the prosecution, therefore, if we present counteraction in a model, then this is the
action of the subject - marked by a specific goal - directed towards a specific
object (the material world or a living person). It is emphasized that counteraction
to the investigation can take various forms. The choice of a specific form is
determined by a number of factors of a subjective and objective nature. Regarding
individual forms, there may be grounds for determining a number of additional
features that are not inherent in other forms. We have listed only those of them
that characterize counteraction as a phenomenon of objective reality that takes
place in the law enforcement activities of the prosecution. It is important to
further investigate all the forms that can be implemented to hinder the activities
of the prosecution.