«On the role of documents in criminal proceedings and criminalistics»
Students Name: Rapavyi Viktor Mykhailovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Rapavyi V.M., Baraniak V.M. (supervisor). On the role of documents in criminal proceedings and criminalistics. Master’s thesis. – National University "Lviv Polytechnic", Lviv, 2020. An integral factor in the criminal procedure of pre-trial investigation, prosecutor’s office and the court is the study of criminal procedure documents as sources of evidence in criminal proceedings. Ensuring a prompt, complete and impartial investigation, protection of the rights and interests of participants in criminal proceedings and the performance of other tasks of criminal proceedings depends on the prompt, complete and legally significant examination of document [1]. The forensic examination of documents allows to more fully establish the mechanism of the illegal act, the damage caused by the offender, to verify the identity of the perpetrator, as well as to clarify some other circumstances relevant to the detection, investigation and prevention of crimes [2]. Since documents as physical evidence display direct material and fixed information about what happened in a criminal event or about the identity of the offender, they are indispensable [3]. Despite the general functional purpose of traditional electronic documents, electronic documents have some technological features that must be taken into account when using them in various legal relationships [4]. The general definitions of a document and an electronic document, which differ in different areas of their application, are not entirely correct for their use concerning an electronic document used as evidence in criminal cases, as the document (and therefore the electronic document) in criminal proceedings has a different content, than, for example, in office work and other spheres of its use [5]. It is proved that the results of generalization of the practice of courts in criminal cases, during which there was a need to collect digital information in the course of investigative actions, show that the primary way to obtain digital information during investigative actions is to seize electronic media based on the current legislation of Ukraine. Study object– legal relations that characterize the concept, content, and meaning, consolidation and use of documents in criminal proceedings and criminology. Scope of research – domestic and international normative and legal acts, scientific articles and reviews of legislation that directly or indirectly reflect the concept, content, and meaning, consolidation and use of documents in criminal proceedings and criminology. The purpose of the research is to conduct a comprehensive theoretical and legal study of the document in criminal proceedings and criminology. To achieve this goal, we set the following tasks: • outline the general importance of documents in criminology and criminal procedure; • characterize the essence and content of the document as an object and subject of proof in criminal proceedings and criminology; • analyze the features of the use of electronic documents in criminal proceedings and criminology; • consider the practice of procedural involvement of documents in conducting forensic examinations. References. 1. Otle P. Bibliography, documentation: selective works - M .: Fair-press, 2004. - 350p. 2. Selivanova N.A. Manual for investigators / N.A. Selivanova, V.A. Setkova., 1998. – 177p. 3. Lisichenko VK Forensic examination of documents (legal and methodological problems): S.J.D. - Kyiv, 1973. - 63p. 4. Kukarnikova T.E. Electronic document in the criminal process and criminology / T. E. Kukarnіkova. - Voronezh, 2003. -215p. 5. Kalamayko A. Yu. Electronic means of proof in civil proceedings / Kalamayko A. Yu. - Kyiv, 2017. - 110p.