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This paper discusses issues related to the coverage of problems that arise when entering information about a committed criminal offense into the Unified Register of Pre-trial Investigations (URPI), as well as problems that arise for authorized persons during its conduct at the stage of pre-trial investigation. The process of introduction of the information and telecommunication system of pre-trial investigation is analyzed. The need to improve and expand the functionality of the Unified Register of Pre-Trial Investigations and the information and telecommunication system is emphasized. The purpose of the Register, its functionality, as well as the form of maintaining the Unified Register of Pre-Trial Investigations are considered. The reasons why the Register is critically important for the pre-trial investigation, as well as who are the subjects of legal relations of the Register, are clarified, it is emphasized that the owner and administrator of this Register is the state represented by the Prosecutor General's Office, and the owner of the processed information is the Prosecutor General's Office. The process of Authentication in the Register and the information and telecommunication system, as well as the signing of electronic documents, which are carried out using a personal key and the corresponding qualified public key certificate issued by a qualified provider of electronic trust services of the prosecutor's office of Ukraine, in compliance with the requirements of the legislation in the field of electronic trust services, is studied. The peculiarities of registration of criminal offenses on the basis of applications, reports received by the prosecutor's office, pre-trial investigation or inquiry, or on circumstances identified by the prosecutor, investigator, investigator from other sources that indicate the commission of a criminal offense are analyzed. The Law of Ukraine «On Amendments to the Criminal Procedure Code of Ukraine on the Introduction of an Information and Telecommunication System of Pre-Trial Investigation» has been studied and the Attorney General's order dated 30.06.2020 No. 298 «On Approval of the Regulation on the Unified Register of Pre-trial Investigations, the Procedure for its Formation and Maintenance, as well as Problems Arising During Investigative (Search) Actions. [ABSTRACT FROM AUTHOR]

The subject matter of this article is the analysis of the procedure for imposing and lifting the seizure of property in criminal proceedings, which is considered with due regard to the current provisions of the Criminal Procedure Code of Ukraine. Although the issue of seizure of property is given quite a lot of attention in the national doctrine of criminal procedure law, the author in the course of the analysis highlights the currently controversial provisions relating to the regulation of the procedure for imposing and revoking the seizure of property in criminal proceedings and analyzes the court's conclusions regarding the interpretation of problematic issues in the course of law enforcement, and examines the general approaches to seizure of property in criminal proceedings through the prism of the European Court of Human Rights (hereinafter - ECHR) case law. Among other things, the author examines the issues related to the procedural powers of special subjects of criminal proceedings (Director of the National Anti-Corruption Bureau of Ukraine/deputy Director, Director of the Bureau of Economic Security of Ukraine/deputy Director) in specific cases determined by the criminal procedure law. At the same time, the author demonstrates that there are gaps in the current version of the Criminal Procedure Law in terms of regulating the powers of special subjects of criminal proceedings with regard to preliminary seizure of property without a court order, and also proposes amendments to the relevant article of the CPC of Ukraine with a view to bringing the provisions of the law in line with the general principles and purpose of criminal proceedings. Particular emphasis is placed on the issues related to the imposition and cancellation of seizure of property of a third party whose property is being considered in criminal proceedings, the status of which is regulated by Article 642 of the CPC of Ukraine. The author proposes amendments and additions to the Criminal Procedure Code of Ukraine aimed at improving the procedures for seizure of property and ensuring the rights and legitimate interests of persons who do not have status in criminal proceedings and whose property becomes subject to seizure during the pre-trial investigation. [ABSTRACT FROM AUTHOR]

The article focuses attention on individual provisions of the implementation of the principle of competition in criminal proceedings. The article considers some debatable issues regarding the possibilities and means of collecting and presenting evidence by a lawyer at a pre-trial investigation. The lawyer’s function of gathering and presenting evidence to the investigator, prosecutor, and investigating judge stems from the principle of competition between the prosecution and the defense, which ensures a balance of interests and a fair decision in court. The content and features of the capabilities and means of the defense in collecting and providing evidence in accordance with the current Criminal Procedure of Ukraine are indicated. The tasks and functions of the prosecution and defense parties are compared. The lawyer’s actions, which are directly aimed at collecting and presenting evidence, and those that have an indirect direction of actions to obtain evidentiary information are distinguished and analyzed. Attention is drawn to the problematic issues that arise during the lawyer’s collection of evidence and their submission to the prosecution, in particular, the lawyer’s right to independently decide on the timing and expediency of providing the prosecution with access to documents and physical evidence that he must use in court. Separate tactical methods of defense of the suspect, the accused during the implementation of the lawyer’s activity at the pre-trial investigation are analyzed. An opinion was expressed about the need for a clearer and more specific wording in the law of actions of the defense side, aimed at gathering and presenting evidence, and guarantees of ensuring their implementation in the practical activities of the lawyer, investigator, prosecutor, court. It is proposed to formalize the course and results of the collection and presentation of evidence - the lawyer’s investigation, as well as the lawyer’s actions to ensure compliance with the rights, freedoms and legitimate interests of the suspect, the accused in the form of a lawyer’s proceeding, which ends with a conclusion, which is submitted to the court at the same time as the indictment. [ABSTRACT FROM AUTHOR]

The article based on the analysis of scientific sources, outlines the features of the use of secret cooperation during the implementation of secret investigative (research) actions in criminal proceedings regarding corruption crimes. It has been established that this tool significantly increases the effectiveness of undercover investigative (search) actions, and the evidence obtained during the implementation of undercover investigative (search) actions in criminal proceedings of the specified category is often of key importance. It was determined that covert cooperation is usually used during the implementation of covert investigative (search) actions typical for the investigated category, in particular, a special investigative experiment (which is often carried out in combination with audio, video monitoring of a person or audio, video monitoring of a place); examination of publicly inaccessible places, housing or other property of a person; observation of a person, thing or place. It is emphasized that another form of confidential cooperation provided for in Art. 275 of the Criminal Procedure Code of Ukraine, namely, obtaining (and using) information from such persons, is appropriate for use not only during the conduct of all secret investigative (search) actions, without exception, but also during the conduct of other procedural actions within the framework of a pre-trial investigation. Attention is focused on certain problematic aspects of the use of secret cooperation during pre-trial investigation of corruption crimes, in particular, such as the need for clear legislative regulation of the involvement of so-called «other persons» in the conduct of secret investigative (research) actions; inadmissibility of disclosure of information about persons who carry out confidential cooperation; lack of a unified approach to using of the terms «unspoken cooperation» and «confidential cooperation», which is caused in particular by defects in the legislative regulation of this type of activity of law enforcement agencies. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the issues of legal regulation of the procedure and forms of interaction between the investigator and the expert at the stage of checking crime report related to the fire. Based on the analysis of the peculiarities of the forensic characteristics of these crimes, as well as on the novel of the criminal procedure legislation, the conclusion is formulated on the need to introduce changes to the criminal procedure legislation aimed at consolidating the evidentiary value of the preliminary expert conclusion.

The study is aimed at analysing the legal acts establishing the procedure for publishing notices of suspicion on the website of the Prosecutor General’s Office and in the newspaper “Uryadovyi Kurier” and notices of suspicion already published in these sources, determining the requirements for them and developing an algorithm for publication for prosecutors and investigators. The author uses the methods of analysis and synthesis, induction and deduction, comparative legal, formal and logical, systemic and structural, graphical and other methods of scientific research. The article establishes that the Criminal Procedure Code of Ukraine defines the obligation of an investigator or prosecutor to serve a notice of suspicion by publishing it on the website of the Office of the Prosecutor General and in the mass media of national distribution. This method of delivery is possible for both general and special pre-trial investigation regimes. It is emphasised that the notice of suspicion to be published on the website and in the mass media of the national sphere of distribution have differences in content, format, data that may be made public, and place of publication. In order to prevent possible violations, the requirements for suspicion notifications are detailed and visualised in the form of a table. It is found that the procedure for publishing notices of suspicion for investigators and prosecutors is different. The author identifies the stages required for publishing notices of suspicion for investigators and prosecutors and develops appropriate algorithms. The findings of the study can be used in lawmaking activities in the development and improvement of regulations on this topic, in practical activities by investigators of pre-trial investigation bodies, prosecutors when serving a person with a notice of suspicion, in scientific activities to continue research in this area, in educational activities to prepare materials for teaching students, cadets, trainees in legal specialties and for advanced training of investigators and prosecutors.

Crimes against personal liberty are numerous and latent in nature. As a result, investigators should rely on scientific recommendations as early as at the preliminary stage of investigation because the procedural means of preliminary verification of crime reports have increased in number. The article describes judicial and investigative practice of investigation of crimes against personal liberty, as well as issues of investigative verification that arise at the preliminary stage. The research covered the following situations: a) the offence report was filed by relatives or witnesses (31.9%); b) information about the crime surfaced as a result of investigative measures (21.8%); c) the crime report was filed by the victim (44.2%). A set of systematic and activity-based approaches combined with standard research methods made it possible to conclude that the abovementioned situations require consistent and scientific algorithms for a legitimate and informed decision to be made in line with Article 145 of the Code of Criminal Procedure of the Russian Federation. In the first case, the algorithm is aimed at obtaining billing data from relatives and witnesses. The second verification situation requires an operational experiment. The third situation requires a set of investigative actions and search measures based on the information received from the victim.

In the article, based on the current legislation, new views on models of pre-trial investigation are considered. The article contains theoretical proposals for optimization and rationalization of pre-trial investigation as the main stage of pre-trial investigation in the criminal process of Ukraine based on the changes taking place in the conditions of digital transformation of society. Methodological bases of modeling of pre-trial investigation in criminal cases include the following criteria (elements) of individualization of the model: goals and tasks of pre-trial investigation; his place in the organization of criminal justice; the initial moment of investigation in a criminal case; structural construction of pre-trial investigation; organizational and legal status of bodies and officials who carry out this activity. It is noted that the crisis phenomena in the modern pre-trial investigation in criminal cases are caused by circumstances that, in turn, determine the need for reform: the construction of the pre-trial investigation is not fully correlated with the historical development and the convergence trends of accusatory and adversarial types of criminal proceedings; there is no unified approach of the state and the scientific community to determine the optimal structure of pre-trial investigation in criminal cases, which corresponds not only to the possibility of resisting the modern criminalization of society, but also stimulates further self-improvement; organizational and procedural contradictions between its forms are observed in the pre-trial investigation; confusion of the functions of criminal prosecution, detection and investigation of crimes, resolution of a criminal case and judicial control; competition of investigative and adversarial grounds at this stage of investigation in a criminal case. The pre-trial investigation with its tasks of establishing the circumstances of the committed crime, the written registration of all the evidence collected because of investigative actions, forms the investigative model of the criminal process. The content of the investigative model is related to the fact that the modern pre-trial investigation is based on written document circulation. The investigator plays the leading role. [ABSTRACT FROM AUTHOR]

It is indicated that, during the investigation of corruption crimes, there is usually a need to conduct covert investigative (investigative) actions in view of the specifics of corruption criminal offenses, a significant level of their latency, committed in the context of a conspiracy, as well as the status of the subjects of these crimes, who in certain cases are aware with the methods of work of law enforcement agencies. The article examines the problematic issues of judicial practice of using secret cooperation in criminal proceedings regarding corruption crimes. It has been established that law enforcement officials, when engaging in confidential cooperation in criminal proceedings regarding corruption crimes, face difficulties related to: 1) risks of disclosing information about persons who carry out tacit cooperation; 2) risks of provocation to commit a corruption crime; 3) procedural registration of a person's consent to be involved in tacit cooperation in conducting NSRD and the decision of the authorized body. These problematic issues are solved in different ways in operational, investigative and judicial practice and indicate that there are still challenges in combating corruption crimes that require the efforts of both law enforcement agencies and scientists aimed at solving them. It is extremely important to prevent the provocation of a criminal offense by a person involved in confidential cooperation when countering corruption crimes using the institution of tacit cooperation. Despite the fact that there are grounds for not recognizing the obligation of a person's written consent to involve him in confidential cooperation and conducting NSRD in criminal proceedings regarding corruption crimes, the presence of such consent can still serve as a certain argument in favor of the absence of provocation on the part of the person involved in confidential cooperation and recognition of evidence as admissible. [ABSTRACT FROM AUTHOR]

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After gaining independence, Ukraine took an active pro-European position, also in the development of legislation. Turning to the historical aspects of the development of the legal system of our state, we know that it belongs to the Romano-Germanic legal family, which determines the fact that domestic legislation has a number of common features with European legal systems, namely: among the main sources of law - normative - legal act, codification of legislation. Studies of foreign law were carried out by a number of scientists, however, the specifics of secret investigative (research) actions in the context of a comparative analysis of foreign and domestic experience require a more thorough study. The article analyzed the main features of the organization and conduct of undercover investigative (search) actions in accordance with the Criminal Procedure Code of Ukraine and the Criminal Procedure Code of the Federal Republic of Germany. Having studied the separate provisions of the Federal Criminal Code of Germany, we can note that the main functions during the investigation, including secret measures, are assigned to the prosecutor and the court, while the Criminal Code of Ukraine clearly defines the authorities that carry out pre-trial investigations, the first of which is the National Police of Ukraine, and the prosecutor's office, as a body of pre-trial investigation, is absent. At the same time, the authorized person who can make a decision on the NSRD is the investigator, who has the right to apply to the investigating judge with a request, approved by the prosecutor, for permission to conduct secret investigative (search) actions and the prosecutor. Thus, as a result of a comparative analysis of certain secret measures under the Federal Criminal Code of Germany and the NSDR under the Criminal Code of Ukraine, we found that the procedure for their implementation in Germany is not detailed, unlike domestic legislation, in addition, among the features that deserve attention, we can highlight in the paragraphs of the Criminal Procedure Code of the Federal Republic of Germany on specific crimes, in the course of the investigation of which the legislator allows one or another secret measure to be carried out, in the Ukrainian criminal procedural law, such an approach is absent, in Art. 246 of the Criminal Procedure Code of Ukraine states only that NSRD may be conducted during the investigation of serious or particularly serious crimes. We think it expedient to consider such specification for implementation in the Criminal Procedure Code of Ukraine in order to prevent possible abuses in obtaining information that goes beyond the scope of the investigation. [ABSTRACT FROM AUTHOR]

The article deals with the issue of proving by the defense the absence of a necessity to extend the pre-trial investigation. The purpose of the article is to identify the possibilities of proving the absence of a need for the pre-trial investigation term extension by the defense and the applicable arguments (based on case law). The article deals with the following issues: general issues of proof; arguments for the defense to object to the pretrial investigation extension; ways of proving the absence of a necessity to extend the pre-trial investigation and violation of the conditions for filing a motion. All issues are covered based on the case law of investigating judges. It is noted that the absence of a rule on serving a copy of the motion reduces the defense's possibilities, since the defense does not always get acquainted with the materials of criminal proceedings in accordance with Article 221 of the CPC of Ukraine. The author proves that the defense can prove that there is no need to extend the pretrial investigation term by denying compliance with the standard of promptness and reasonable speed of investigation and, as a manifestation of this, its effectiveness. In practice, this is done by substantiating the following: proof of the crime event; proof of the suspect's involvement in this event; circumstances indicating the complexity of the proceedings (special complexity, exceptional complexity); the list of procedural actions which require additional time to conduct or complete and the significance of the results of these procedural actions for the trial; the inability to conduct these procedural actions earlier; the time required to conduct or complete procedural actions (in full or at the request of the defense). The author emphasizes that the CPC of Ukraine needs to be amended to enhance the defense's capabilities by providing a copy of the motion to the defense and by requiring investigating judges to indicate and assess the defense's position if it is submitted in the form of written objections or other documents or expressed in court. [ABSTRACT FROM AUTHOR]

The presented article is made within the scope of the research subject of the science of the criminal process. It highlights the problematic issues of determining the content and mechanism of proper implementation of the principle of equality before the law and the court in criminal proceedings. The publication puts forward proposals for improving the conceptual apparatus regarding the issues under consideration and some provisions of the current legislation. The relevance of the publication is due to the need to improve scientific developments devoted to the general principles of criminal proceedings, bringing the provisions of the Criminal Procedure Code of Ukraine into line with the requirements of international legal acts on the problem of combating discrimination. The purpose of preparing the article was to reveal the main issues of the socio-legal content of the principle of equality before the law, defined in Art. 10 of the Criminal Procedure Code of Ukraine, as well as some relevant issues that are directly related to this. The prerequisites for the formation of this goal were the modern problems that arise during pre-trial investigation and trial in criminal proceedings. The author used general scientific and special methods of scientific knowledge. Thus, from the general scientific methods, in particular, the system-structural method, the method of functional analysis, from the special ones - formallegal, logical-procedural methods, the method of comparative jurisprudence were used. The main legislative norms related to the topic of the publication have been analyzed. The publication proves that the requirements that determine the grounds and procedure for choosing some preventive measures have certain defects that can directly affect the behavior of participants in criminal proceedings, prompting them to violate the principle of equality before the law and the court. It is proposed to enshrine certain provisions in the Criminal Procedure Code of Ukraine, thanks to which it would be possible to avoid violations of individual rights and freedoms. Further scientific research on the selected issue identified the following issues: guarantees of equality of rights and freedoms of citizens, introduction of legal expertise of the CPC of Ukraine and current regulatory and legal acts related to the field of criminal justice, with a view to identifying provisions in them that encourage discriminatory manifestations, normative -legal consolidation of ideas on optimizing the situation of materially indigent participants in criminal proceedings, developing an effective mechanism for bringing to legal responsibility subjects of criminal proceedings for non-compliance with the principle of equality before the law and the court. [ABSTRACT FROM AUTHOR]

The article is devoted to consideration of modern problems of determining the admissibility of digital (electronic) evidence in criminal proceedings. Given the importance of the outlined issues, the main purpose of the study is to characterize each component of the admissibility of such evidence, namely: the proper source of receipt, the proper subject, and the proper method of collection. It is emphasized that the biggest doctrinal problem that creates an obstacle in the definition of such criteria is the lack of a unified scientific vision regarding the concept of digital (electronic) evidence and the definition of its source. The existence of three scientific approaches to the solution of this problem was established, taking into account the author's position on possible ways of its elimination. Some practical aspects related to the problems of compliance with the criteria of admissibility of digital (electronic) evidence during the investigation of criminal offenses are disclosed. On the basis of a systematic analysis of scientific work and judicial practice, it was determined that the difficulty of solving problematic aspects of the admissibility of digital (electronic) evidence is related to their complex technical nature. This is due to the fact that digital (electronic) evidence contains abstract technical and mathematical models, characterized by specific conditions of origin, existence, copying and storage, which significantly differ from other types of evidentiary information. It has been proven that when determining digital (electronic) evidence, such a mandatory feature as relevance to a certain criminal proceeding should be displayed. This is explained by the fact that in a criminal trial, digital (electronic) evidence can only be the information that is of direct importance for a certain criminal proceeding. Another mandatory component of the definition of “digital (electronic) evidence” should be an indication of its specific nature. At the same time, it is inappropriate to recognize the approach when the definitions simultaneously indicate the electronic nature of such information and its concentration on a certain electronic medium. Information that is on a certain electronic medium is electronic and not any other. Otherwise, it leads to duplication and is a logical fallacy. It is suggested that the source of digital (electronic) evidence be considered a digital (electronic) object by means of which this evidentiary information was created, recorded or transmitted. The lack of official definition of digital (electronic) evidence and their sources, in contrast to civil and administrative procedural legislation, is among the shortcomings of the current criminal procedural legislation of Ukraine. However, the definitions proposed by the legislator contain shortcomings, in particular, the fixed definitions of digital (electronic) evidence contain an unjustified opposition of related concepts, such as “information”, “data” and “facts”.

In recent years, there has been an increase in the level of crime among minors; these circumstances raise serious concerns and require great attention. High-quality investigation of crimes committed by adolescents is a key aspect of modern law enforcement. The interaction of preliminary investigation bodies with juvenile affairs units is a pressing problem today. Officers need to analyze the characteristics of interaction, the advantages and disadvantages of different approaches. Based on the analysis of practical experience, the author offers practical recommendations for optimizing this process in order to ensure the protection of the rights of minors and the effective fight against crime among this category of population. Purpose: to analyze the problems of interaction between the investigator and the juvenile affairs unit, optimizing and developing joint work of subjects to investigate crimes committed by minors. Methods: specific scientific methods (conversation and interviews, questionnaires, comparative legal analysis); empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic, analogy, analysis, generalization, classification; psychological methods. Results: the study makes it possible to identify and consider one of the most problematic issues of interaction between the investigator and the juvenile affairs unit, that is the lack of clearly defined techniques of joint work based on the forms of interaction. The author gives a classification of special private techniques, taking into account the age of the suspect and his behavior (attitude to the investigation process).

The article refers to the prevention of crimes committed by minors as the main focus when prosecuting them. The current criminal legislation on minors (Article 20 of the Criminal Code of the Russian Federation) is analyzed. It tends to increase the number of crimes for which persons aged 14–16 are criminally responsible. The need for the preventive function in the preliminary investigation of criminal cases involving minors is justified. The dominant aspect of criminal proceedings should be the discontinuation of the first criminal case against minors in the absence of material consequences of the crime. The article is aimed at substantiating the idea that the first crime committed by a minor without material consequences may not indicate a tendency to continue criminal behavior, therefore it is possible to exclude the adolescent from criminal liability. Comparative and analytical methods of research of theoretical and practical problems of crimes committed by minors are used in the preparation of the article. The practical conclusions are presented, according to which, when investigating criminal cases involving minors, the investigator, focusing on the circumstances of the crime and the minor’s personality, should set himself the task of preventing such crimes, including by discontinuing criminal proceedings.

Alongside establishing the procedure for criminal proceedings, a primary objective of criminal procedure legislation is to precisely define the legal status and procedural powers of participants in criminal procedure relations. This involves setting the boundaries of their rights and obligations. Accordingly, particular emphasis should be placed on delineating the subject matter of criminal proceedings by devising a plan to enhance their position, role, and procedural status. The aim of the study is to scrutinize legal issues concerning the exercise of procedural powers by various participants in criminal proceedings and to explore avenues for enhancing the composition of criminal pre-trial proceedings. The article delves into matters concerning the procedural role of the investigator and examines their interaction with the procedural leader and the prosecutor. Special attention is paid to the procedural status of the person in respect of whom a crime report is being checked, the problem of criminal prosecution when checking a crime report is revealed, the roles and functions of an educator and a psychologist are investigated. In addition, the author substantiates the idea of expanding the range of participants in the pre-trial stages. The methodological framework of this work encompasses principles from the general scientific method of cognition, including formal logic, generalization, analysis, and description. It also draws upon methodologies from the fields of general theory of law, criminal procedure, criminology, psychology, pedagogy, logic, and other related sciences. As a result, the following conclusions were drawn. When exploring the primary issues concerning the enhancement of participants' procedural status in pre-trial proceedings, the author proposes considering the following provisions: shifting departmental procedural oversight and prosecutorial supervision in favor of the latter and establishing a unified format for preliminary investigation; engaging the suspect at the initial stage of a criminal case; elucidating the purpose and function of involvement by educators and psychologists in the case; broadening the subject composition by granting individual participants procedural petitioner status.

The article is devoted to the analysis of the norms of the Romano-Germanic and Anglo-Saxon legal systems following the current criminal legislation of Europe, England, and America. The author examines the main elements of evidence used to establish a person's guilt in committing a criminal offense. The author analyzes the provisions of the Anglo-Saxon and classical Romano-Germanic legal systems regarding the determination of the procedural status of participants in criminal proceedings. It is proved that the right to defense is an important guarantee of fairness in criminal proceedings. Theoretical aspects and practical mechanisms of realization of these guarantees are studied. The author suggests ways to improve legislation and address theoretical and practical challenges in the field of criminal justice. [ABSTRACT FROM AUTHOR]

It is indicated that the problem of violence is the most acute in modern Ukrainian society. Violent criminal offenses are not only a collection of violent crimes, but also pose a threat to the national security of the state and the constitutional rights of citizens who fear more and more for their lives and health. The Constitution of Ukraine declares the right of every citizen to life, health care, personal dignity, freedom and personal integrity, as well as the inviolability of private life (Articles 3, 27, 29 of the Constitution). The article examines the problem of violence committed by law enforcement officers, which endangers citizens' trust in law enforcement structures and violates basic human rights. In particular, the causes of violence among law enforcement officers are considered and strategies to prevent these crimes are proposed. The article analyzes the legislative framework of Ukraine, defining the concept of violence in the context of criminal law and legal literature. The study of sociological data on the perception of police violence by both citizens and law enforcement officers provides an opportunity to assess the scale of the problem. In addition, the main causes of violence are analyzed, including insufficient training and psychological training of employees, stress factors and corruption in the law enforcement system. Proposed strategies to prevent violence include improving professional training, strengthening the system of control and internal supervision, as well as paying attention to the psychological state of employees and implementing a system of psychological support. To prevent violence among law enforcement officers, it is necessary to take a set of measures, including psychological support and training on ethics, human rights and professional conduct. It is also important to ensure an effective mechanism of internal control and discipline, thoroughly vet candidates for positions in law enforcement agencies, and conduct regular audits of the security and control system. The overall goal of such strategies is to create a safe and trusting environment for both citizens and law enforcement officers. It is important to take into account that the fight against violence begins with familiarizing employees with human rights and instilling in them respect for these rights. [ABSTRACT FROM AUTHOR]

Based on the analysis of scientific sources and law enforcement practice, the article examines the activities of law enforcement and other state bodies and legal institutions to minimize criminal offenses in the field of insurance, which is aimed at timely detection, elimination or neutralization of threats and dangers in the insurance market, averting harmful consequences, as well as bringing the culprits to justice and providing a mechanism for compensation for damage caused by criminal offenses, which is carried out with the help of criminological means. It is emphasized that criminal offenses in the field of insurance have an increased public danger, as they complicate or block the performance of the main tasks related to the formation, at the expense of monetary contributions, of a target insurance fund intended for the compensation of a possible loss, the equalization of losses in connection with the consequences insurance cases. In addition, the criminalization of this market prevents insurance from performing such important functions as increasing the stability of business entities, limiting economic risks, and stimulating entrepreneurial initiative. It is noted that the prevention of criminal offenses in this area should be a complex continuous process that takes into account the changes that occur in modern society and that affect the market of service provision. Attention is drawn to the fact that the very system of entities providing security in the insurance market includes a wide range of entities of both state and non-state ownership, which in one way or another participate in the relevant process. However, their activities must correspond to a single, purposeful state policy, and require coordination in the fight against crime, which currently requires improvement, as it does not fully meet the requirements of the times and challenges in the security sector. [ABSTRACT FROM AUTHOR]

The article examines the issues related to the procedural institute of participation of concepts in criminal proceedings, its appearance, development and legislative regulation at different historical stages. It is noted that since its origin, this institution of procedural law has been observed as a guarantee of ensuring the rights and interests of participants of investigative actions against harassment by the investigating authorities. A number of procedural rules which contain information on the participation of concepts in pre-trial proceedings allow us to conclude that the institute of witnesses is present in the current Code of Criminal Procedure. The authors analyse the opinions of scientists on the viability of keeping the institute of concepts in the current CPC, due to the modern technical opportunities for objective and complete fixation of the course and results of the investigative action. The authors conclude that the legislator has a reasonable attitude to the use of the traditional institute of concepts and the use of modern technical devices for recording investigative actions. The authors note that keeping the institute of concepts in the current CPC of Ukraine requires further regulation. The classification of a concept as a participant in criminal proceedings requires appropriate modifications to the CPC and an independent article among other participants in criminal proceedings. It is proposed to define this participant in the process in the relevant provision, indicating his procedural status (list of rights and obligations), the range of persons who cannot be involved as witnesses, and the right of participants to the investigative action to challenge the concept. Based on the analysis of scientists’ opinions, doubts are expressed about the ability of concepts to create conditions for an objective and, moreover, proper proceeding of the investigative action, to ensure the legality of its performance. In most cases, witnesses are random persons who are not interested in the case. The author analyses the proposals of scientists regarding the competitive recruitment by local self-government authorities of individuals who are trustworthy and passing their lists to law enforcement authorities for the purpose of engaging concepts. The authors justify the proposals for further regulation of the institute of concepts. [ABSTRACT FROM AUTHOR]

The article deals with the problematic issues of regulatory framework for covert procedural means of investigator’s cognitive activity. It is emphasized that operative-search activities and covert investigative (search) actions have the same cognitive focus, but are regulated by different legislative acts. Covert investigative (search) actions are regulated in more detail than operational search activities which are carried out in accordance with the Criminal Procedure Code of Ukraine. It was determined that, despite the identity of covert means of knowledge, there is an epistemological contradiction, when the investigator cannot conduct covert investigative (search) actions, which are analogs of operational investigative measures, which can be implemented before entering the relevant information into the Unified Register of Pretrial Investigations, before the start of the pre-trial investigation. In addition, there are often cases when the investigator does not conduct covert investigative (search) actions on his/her own, citing a heavy workload, which reduces the effectiveness of cognitive actions in the process of detection and investigation of criminal offenses. Other problematic aspects that exist within the provisions of the current operational and investigative legislation, as opposed to the criminal procedure law, are also noted. The greatest threat of imperfect regulatory regulation is the difficulty of further use of the materials of operational and investigative activities in the course of procedural proof. Therefore, it is considered a rational decision to provide for the possibility of covert investigative (search) actions by investigators before entering information into the Unified Register of Pretrial Investigations. According to the results of the study, it is noted that for the effective fulfillment of the tasks of criminal proceedings, as well as for the proper observance of human rights, freedoms and legitimate interests, the provisions of the criminal procedure law seem to be more favorable in terms of regulating the covert means of investigator’s cognitive activity. [ABSTRACT FROM AUTHOR]

In this study, population data were generated from South Africans using the Investigator® 24plex GO! Kit (QIAGEN, Hilden, Germany). Participants represented the four major population groups in South Africa, with self-reported ancestral origin being African (n = 208), European (n = 213), Indian/Asian (n = 103) or Admixed (n = 209). Allele frequency data and forensic parameters were calculated for each population group using Arlequin (v.3.5.2.2) and FORSTAT (v1.0). TPOX had the lowest discrimination capacity for all population groups, except for the African population group where THO1 was the least informative. SE33 had the highest discrimination capacity for all population groups (>0.98), with 38 different alleles observed in the Admixed population group. Samples exhibiting novel alleles or anomalies underwent massively parallel sequencing using the ForenSeq™ DNA Signature Prep kit, which confirmed the following results: one null Y allele at Amelogenin, ten instances of TPOX tri-allelism and four novel micro-variant alleles. An additional four novel alleles in SE33 were observed but remain unconfirmed, due to SE33 not being included in the ForenSeq™ DNA Signature Prep kit. Moreover, nine individuals had an allele 8 or 9 at D1S1656, where the peaks for these alleles occur before the D1S1656 marker range on the electropherogram and showed as a peak within the DYS391 marker. Although this observation was rare overall (1.2%), these nine individuals were from three of the four population groups, which motivates for the adjustment of the Investigator® 24plex PCR chemistry to avoid allelic overlap of D1S1656 with DYS391. Overall, these findings highlight the diverse genetic makeup of the South Africa population and accentuate the importance of local population studies.

At the present stage of the development of science, there is no consensus on the relationship between the concepts of “prevention/prophylaxis” and “prevention”/preduprezhdenie (Russian) of crimes, even despite a large number of studies on certain aspects of preventive activities of the investigator. At present, there are three main approaches to the correlation of the terms under consideration: prophylaxis and prevention as identical notions, preventive/prophylactic activity has a function of prevention, and vice versa, preventive activity acts as a generic concept for the function of prophylaxis. Crime prevention in terms of informing, warning, includes prophylaxis, prevention and suppression of crime. All these elements are the stages. And prophylaxis is the first stage of preventive activity, as it affects the causes and conditions of illegal, criminally punishable human behavior. Prophylaxis is aimed at eliminating an intent to commit a socially dangerous act by eliminating the causes and conditions that contribute to this. Prevention is aimed at inducing a person who has the intent to commit a crime to refrain from the illegal type of behavior planned by him. The suppression of a crime is aimed at stopping the implementation of a criminal plan, that is, the criminal activity that has already taken place, as well as at minimizing the criminal result. At the same time, all these elements of preventive activity take place at different points in time. However, prophylaxis can be carried out both during the investigation of a specific crime or out of it through the investigator’s talks to employees, schoolchildren, students, through studies containing information about criminal cases. The lack of a unified approach to the ratio of prophylactic and preventive activities is also due to the lack of codification of these notions. Despite the fact that the legislator focuses on the prophylaxis and prevention of specific types of crimes such as terrorism, extremism in certain regulatory legal acts, there is still no clear distinction between them.

The article, in accordance with the provisions of the Criminal Procedure Code of Ukraine, discloses the content of the propriety of evidence as a factor that must be taken into account during the evaluation of evidence in criminal proceedings. The relationship between the evidence's propriety and some legal categories of the institution of proof is indicated. Proposals have been put forward that can be useful during the improvement of the conceptual apparatus of the theory of evidence and the provisions of the current legislation. The relevance of the publication is due to the need to improve the process of proof during the pre-trial investigation and trial, to develop effective mechanisms for the successful performance of the tasks of criminal proceedings, which are defined in Art. 2 of the CCP of Ukraine. The purpose of preparing the article was to reveal the main issues of the legal nature of the ownership of evidence, in accordance with the definition given in Art. 85 of the CPC of Ukraine. The prerequisites for the formation of the specified goal were the modern problems that arise during the pre-trial investigation in criminal proceedings. During the preparation of the publication, general scientific and special methods of scientific knowledge were used. Thus, from the general scientific methods, in particular, the systemstructural method, the method of functional analysis, from the special ones - formal-legal, logical-procedural methods, the method of comparative jurisprudence were used. The main legislative norms related to the topic of the publication have been analyzed. The publication proves that the improvement of the conceptual apparatus, the correct formulation of the legal features of evidence and the implementation of the norms of international conventions into domestic legislation will contribute to the perfection of the procedural law and provide a unified approach to the proper protection of the rights, freedoms and legitimate interests of the participants in criminal proceedings. At the same time, the authors took into account that the requirements for the propriety of the evidence have not acquired an imperative character in the legislation, and therefore they are decided individually by the investigator, the prosecutor and the court in each individual case. Knowing the circumstances to be proven in criminal proceedings is the purpose of proof, and propriety is a feature that not only characterizes the evidence, but also acts as a means of achieving the specified goal. [ABSTRACT FROM AUTHOR]

The article examines certain aspects of the criminological dimension of law enforcement officers' activities. It is noted that the term "law enforcement officer" is studied through the system of law enforcement agencies and the circle of their employees; it is based on the analysis of the Criminal Code of Ukraine, decisions of the Constitutional Court of Ukraine and other legal acts. It is substantiated that by the nature of their official powers, law enforcement officers are active participants in criminal legal relations, since they act as authorized officials entrusted with the performance of law enforcement functions. It is this function which is aimed at ensuring law and order, protecting the rights and freedoms of subjects of legal relations from criminal encroachments and is realized through detection, investigation, suppression and prevention of criminal offenses. It is emphasized that participation of law enforcement officers in criminal legal relations as subjects of a criminal offense or victims of a criminal offense is not excluded. It is substantiated that crime among law enforcement officers is particularly dangerous due to a number of factors and may be caused by a number of certain determinants. The authors emphasizes that among the stable trends in criminal offenses committed by law enforcement officers are the following: the level of criminal offenses committed by law enforcement officers corresponds to the general trends in crime, official crimes prevail over general criminal offenses, and the largest number of them are unlawful benefits, abuse of office, abuse of power, torture, etc. That is why the legislator created a new law enforcement agency, the State Bureau of Investigation, which began its operations in 2018. Creation of the State Bureau of Investigation as a pre-trial investigation body was a worthy response by the legislator to numerous public criticisms that the prosecution should be deprived of the pre-trial investigation function, and also in line with the experience of many countries, an effective mechanism for the prevention, detection, termination, disclosure and pre-trial investigation of criminal offenses within its jurisdiction in accordance with the requirements of the Criminal Procedure Code of Ukraine. These are criminal offenses committed by senior officials, judges and law enforcement officers. Criminal offenses that are undoubtedly under the jurisdiction of the State Bureau of Investigation include torture (Article 127 of the Criminal Code of Ukraine) committed by law enforcement officers. [ABSTRACT FROM AUTHOR]

The article aims to treat the topic of hearing people in the criminal process from the perspective of the personal characteristics of the investigator and seeks to position these characteristics alongside the personality traits that emerge from the psychological profile of Romanians, with the aim of being able to draw some conclusions regarding the concordance of the characteristics the judicial body involved in the hearing process and how the Romanians are after the psychological analysis. In the first part of this paper, the current legal framework is presented and some of the terms surrounding the concept of investigator are defined. The psycho-intellectual and moral-affective profile of the investigator is presented, the models of conduct and the different types of investigators, as well as a series of landmarks from the psychological profile of Romanians. The conclusions converge towards an inconsistency between how we are and what we project on the judicial body. [ABSTRACT FROM AUTHOR]

It is indicated that the tasks of criminal proceedings are to protect the person, society and the state from criminal offenses, to protect the rights, freedoms and legitimate interests of the participants in criminal proceedings, as well as to ensure a quick, complete and impartial pre-trial investigation and trial, so that everyone who has committed a criminal offense, was prosecuted to the extent of his guilt, no innocent person was charged or convicted, no person was subjected to unreasonable procedural coercion, and that due process of law was applied to each participant in the criminal proceedings. Accordingly, the article is devoted to the coverage of one of the most complex and strict investigative (search) actions in criminal proceedings, namely, the theoretical and practical issues of conducting a search and the role of participants in this procedural action during its conduct. The current legislation, which regulates the search, was analyzed, some changes and additions to the current Code of Criminal Procedure of Ukraine were proposed. The need for criminal procedural clarification of the circle of subjects who have the right to be present during the search was emphasized, it was noted that the application of the proper legal procedure will contribute to the protection of human rights and freedoms in criminal proceedings. Summing up, the article notes that during the search, the prosecution is empowered with broad powers provided for by the Criminal Procedure Code of Ukraine. Due to the fact that some procedural issues are not clearly regulated by the legislator, the person conducting the search uses procedural loopholes to his advantage. Precisely in order to specify the powers of the prosecuting party during the search, we propose to supplement Part 2 of Art. 235 of the CCP of Ukraine. [ABSTRACT FROM AUTHOR]

The article reveals the problematic issues of admissibility of evidence, as well as the types and criteria of admissibility defined in the provisions of the Criminal Code of Ukraine. Proposals for improving the conceptual apparatus regarding the considered issues and provisions of the current legislation have been put forward. The relevance of the publication is determined by the need to improve the process of proof in the field of criminal justice and the development of effective mechanisms for the investigation of criminal offenses. The purpose of preparing the article was to reveal the main provisions of the content of admissibility of evidence in the criminal justice system of Ukraine, as well as some relevant issues that are directly related to this. The prerequisites for the formation of the specified goal were the modern problems that arise during the pre-trial investigation in criminal proceedings. The author used general scientific and special methods of scientific knowledge. Thus, from the general scientific methods, in particular, the system-structural method, the method of functional analysis, from the special ones - formallegal, logical-procedural methods, the method of comparative jurisprudence were used. The main legislative norms related to the topic of the publication have been analyzed. The publication proves that the requirements that determine the procedure for obtaining evidence in relation to the possibility of their further use are conventionally divided into those that have a negative or positive content. Such a classification makes it possible to predict the behavior of an investigator, prosecutor or judge in implementing the relevant provisions of the Criminal Code of Ukraine. It is also proven that in part 1 of Art. 86 of the Code of Criminal Procedure of Ukraine, it is advisable to establish the provision that the evidence is recognized as admissible if it is obtained in the manner established by the criminal procedural legislation of Ukraine, and not only the Code of Criminal Procedure. It is also noted that in Art. Art. 87 and 88 of the Criminal Procedure Code of Ukraine recognize certain conditions of inadmissibility of evidence related to a significant violation of human rights and freedoms and groundless use of evidence and information related to the identity of the suspect or accused. At the same time, any other violations of the provisions of the Criminal Code of Ukraine can be considered relatively inadmissible, if only because of the insignificant nature of the legal consequences that arise and the real possibility of their elimination. [ABSTRACT FROM AUTHOR]

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Clinical trials (CTs) are essential for medical advancements but face significant challenges, particularly in professional training and role clarity. Principal investigators, clinical research coordinators (CRCs), nurses, clinical trial pharmacists, and monitors are key players. Each faces unique challenges, such as maintaining protocol compliance, managing investigational products, and ensuring data integrity. Clinical trials’ complexity and evolving nature demand specialized and ongoing training for these professionals. Addressing these challenges requires clear role delineation, continuous professional development, and supportive workplace environments to improve retention and trial outcomes. Enhanced training programs and a collaborative approach are essential for the successful conduct of clinical trials and the advancement of medical research.

Trust in the state is an urgent problem for the countries of Central-Eastern and Eastern Europe. Since building partnerships between the state and society is possible only if the principle of procedural fairness is observed, restriction of a personʼs right to inviolability of housing or other property in criminal proceedings is one of the most pressing problems of modern Ukrainian legislation. The purpose of the study is to highlight certain legislative and enforcement aspects of the procedure for executing a decision on permission to search a personʼs home or other property that do not comply with the requirements of the principle of proportionality and create problems for ensuring a reasonable balance of private and public interests. Empirical, general, heuristic, and special legal methods of scientific knowledge were used to achieve this goal. It is established that the insufficiently regulated by the legislator issues concerning the determination of subjects authorised to comply with the decision on permission to search a personʼs home or other property, the seizure of property, the impossibility of prompt appeal against such a court decision, create an imbalance between private and public interests in criminal proceedings. It is generalised that the restriction of rights in the execution of a decision on permission to search a personʼs home or other property cannot be conducted if the means of restriction are not commensurate with the goal that the investigator or prosecutor seeks to achieve. A procedural situation in which the principle of proportionality can be violated in favour of not only the public interest but also the private one was modelled, which allowed outlining opportunities for potential abuse by a person, the rights of which were restricted. The study analyses the specific features of implementing such a resolution under martial law and highlights the criteria compliance with which will contribute to the implementation of the principle of proportionality. Recommendations for solving the problems outlined above are proposed. The results of the study will be useful not only for improving the relevant provisions of the Criminal Procedure Code of Ukraine and investigative practice but also for the possibility of developing additional guarantees of legitimate restriction of a number of other rights guaranteed by the Constitution of Ukraine during the implementation of the decision on permission to search a personʼs home or other property in criminal proceedings

Introduction. Investigation of criminal cases is associated with the need to apply measures of criminal procedural coercion. Coercion and restriction of constitutional rights of citizens in varying degrees is inherent in most investigative actions. Recognising the necessity of application of procedural coercion to achieve the goals of criminal proceedings, the need for effective measures of legal control over the legality and validity of the application of law-restricting measures is substantiated.Materials and methods. The research is based on the analysis of the norms of the Constitution of the Russian Federation, CPC of the Russian Federation, as well as scientific publications on the investigated problem of Russian scientists. The research is carried out in retrospect of formation of procedural guarantees of ensuring human rights and freedoms in the domestic legislation. The comparative legal analysis of domestic and foreign legislation is carried out.Analysis. The issues of law enforcement related to the means and ways of realization of human rights in criminal proceedings are studied. Each of the components of the mechanism of ensuring individual rights in criminal proceedings, which only in their totality function as a balanced mechanism, is analyzed. Accuracy, logicality, certainty of legislative prescriptions, which allow to adequately implement the legal regulation of relations, are important factors in the effectiveness of criminal procedural activity. The role of prosecutor’s supervision, departmental and judicial control in the implementation by citizens of their rights and legitimate interests in criminal proceedings is revealed.Results. Problems in the legal regulation of criminal procedural legal relations and the potential risk of violation of human rights, indicate the need for further improvement of the prescriptions of the CPC of the RF, the practice of their application, which must necessarily be associated with the creation of additional mechanisms aimed at ensuring the constitutional rights and legitimate interests of participants in the process.

Given the rapid pace of informatization of society, the number of criminal offences involving the use of computers, their software, as well as telecommunications systems is continuously growing. Such illegal actions are characterized by leaving traces, including electronic imagery. They can be evidence of the commission of criminal offences, which explains the development and improvement of methods for their detection, collection, and investigation by law enforcement agencies. However, today such methods of detecting, collecting, and investigating electronic imagery of evidence are separately contained in several scientific papers of Ukrainian and foreign scientists, which allowed comprehensively covering them in this study. The purpose of this study was to review the theory and practice of the activities of authorized entities for the detection, collection, and investigation of electronic imagery of evidence. The study uses a set of various methods, namely scientific cognition of real phenomena and their connections with the practical activities of authorized bodies for the detection, collection, and investigation of electronic imagery (dialectical method), as well as special and general scientific methods of legal science. The study showed as follows: usually, investigators and operational officers detect electronic imagery independently, or as part of an investigative task force during the investigation of criminal offences, or before their commission; the collection of electronic imagery occurs during procedural actions (usually law enforcement intelligence actions) both from technical devices with which a criminal offence was committed, and from those that were attacked. When extracting electronic imagery, it is advisable to involve a suitable specialist (if possible, a cyberpolice officer); an authorized investigator, specialist, and expert are authorized to examine electronic imagery. Expert research of electronic imagery belongs only to experts and is carried out using the following examinations: computer equipment and software products, telecommunications systems and tools, as well as technical and forensic examination of documents. The conducted review will help authorized practitioners restore the memory of knowledge about information about the tools for detecting, collecting, and investigating electronic imagery, which will ensure the effective implementation of the tasks of criminal proceedings

The issues of combating criminal activity cannot be considered in isolation from the situational approach, which is the most general and universal when assessing various social phenomena. The article argues for the importance of using this approach in forensic examination, since in cases when one is uncertain if the crime has indeed been commited and there is insufficient information obtained by the investigation, only an expert can assist the criminal proceedings. Basing on the analysis of investigative and expert practice, interviews with investigators and experts, the author concludes that at present situational analysis is rarely appointed. However, the author argues that its potential for obtaining essential evidentiary information is significant, as can be seen from the examples of past expert practice. The article also highlights some terminological issues regarding the naming of this expertise: scientists use such terms as “situational”, “situationological”, “crime mechanism analysis”, “crime scene expertise”, but they are not always used as synonyms. From the standpoint of the norms and rules of terminology, the author gives some recommendations for resolving this methodological problem. The article was written applying the fundamental principles of dialectic materialism, as well as general and specific methods of scientific knowledge, including historical and comparative, legal, logical and philosophical, generalizations, descriptions, and others. The scientific and practical significance of this work is determined by the formulated provisions and conclusions, determining the value and role of situational expertise in the practice of solving and investigating crimes. The theoretical significance lies in the development and justification of a number of recommendations regarding the terminology used in situational expert studies.

In the science of criminology and the activity of investigating criminal offences, organizational activity is of immense importance. One of the forms of its implementation is forensic examinations, and its improvement directly affects the achievement of the objectives of criminal proceedings. The purpose of this study was to highlight organizational activities related to conducting forensic examinations as a means of ensuring effective pre-trial investigation and trial in every criminal proceeding. To fulfil the set purpose, general scientific and special methods were used to investigate the object and subject of research: analysis, synthesis, deduction, induction, analogy; special-legal methods: comparative-legal, historical-legal, system-structural, method of system analysis. Based on the analysis of the provisions of regulations and scientific, educational, and methodological material, it was established that the organization of forensic examination in criminal proceedings encompasses the system of organizational and administrative actions of authorized subjects and lies in ensuring the proper, timely, and objective appointment and conduct of forensic examinations, as well as obtaining an expert opinion, which is required to achieve the objectives of criminal proceedings. The main stages of the organization of forensic examinations in criminal proceedings were identified and characterized. The subjects of the activity under study were classified, specifically according to the nature of the implementation of organizational actions. It was found that a prominent place among the subjects of the considered activity belongs to the investigator as the subject of initiation of forensic examinations. It is the investigator who collects and analyses materials when conducting a pre-trial investigation, decides which circumstances of the criminal proceedings need to be verified by conducting an expert examination, and evaluates the expert’s opinion. The provisions given in this paper can be used in the practical activities of individual forensic experts and forensic divisions and institutions; entities authorized to carry out pretrial investigation of criminal offences

İslam düşünce tarihinin en etkili şahsiyetlerinden biri Fahreddin Râzî’dir (ö. 606/1210). Başta metafizik ve teolojik bahisler olmak üzere birçok konu ile ilgili problem oluşturan müşekkik, sorunları mezhepler üstü çözmeye çalışan muhakkik ve birçok farklı görüşü en üst kavramlarda buluşturan câmi kimlikleri, kendinden sonraki bütün düşünürleri ciddi anlamda etkilemiştir. Bu yüzden gelenekte bütün ekoller onun geride bıraktığı felsefî ve ilmî dinamizmi tevarüs etmek zorunda kalarak oluşturduğu problemler ve sunduğu çözümlerle ilgili bir tutum sergilemiştir. Onu bu denli vazgeçilemez ve etkili kılan asıl önemli saik ise onun problem oluşturan, kelamı felsefeye, felsefeyi de kelama taşıyan, kelamı esas alarak felsefeyi, felsefeyi de esas alarak kelamı eleştiren müşekkik kimliğidir. Bu nedenle hayatı boyunca siyasi ve toplumsal olarak Eş‘arîlik içinde değerlendirilen Râzî’nin eserlerine bakıldığında onun farklı ekoller tarafından sahiplenilmeye ve farklı şekillerde yorumlanmaya uygun bir düşünür olduğu açıkça görülmektedir. Birçok Ehl-i sünnet kelamcısının, Râzî’nin kelâmî-Eş‘arî bir tema ile yazdığı eserleri ön plana çıkarması, onun mezhepler üstü muhakkik kimliğinin gölgelenmesine neden olmuştur. Buna karşılık bazı düşünürlerin Râzî’yi filozof-kelamcı ve muhakkik kimliği ile bilinmesi ve tanınması noktasında bir gayret içinde oldukları görülmektedir. Özellikle Kemâleddin İbn Yunus’tan (ö. 639/1242) bir şekilde istifade eden ilmî şahsiyetlerde bu gayret açık bir şekilde ortaya çıkmaktadır. Buna örnek olarak Efdâlüddin el-Hûnecî (ö. 646/1248), Esîrüddin el-Ebherî (ö. 663/1265 ), Necmüddin el-Kâtibî (ö. 675/1277) verilebilir. Bu şahsiyetler bir taraftan Râzî’nin ilmî mirasının yaygınlaşması noktasında etkin bir rol oynarken, diğer taraftan ise Râzî’nin mezhepler üstü muhakkik kimliği ile ön plana çıkarılmasında etkili olmuşlardır. Onun söz konusu ilmî mirasını tevarüs eden Sirâceddin el-Urmevî (ö. 682/1283) de, onun daha çok mezhep üstü sorunları çözen muhakkik kimliğini tesis eden önemli isimler arasında yer almaktadır. Bu tesisin bariz bir şekilde ortaya çıktığı konuların başında ise insan fiilleri gelmektedir. Urmevî, insan fiilleri konusunda başta el-Erba‘în olmak üzere Râzî’nin insanın kudret ve tesirini yok sayacak düzeyde cebrîliği andıran ifadelerini revize etmeye çalışmaktadır. O, Lübâb isimli eserinde bir taraftan Râzî’nin el-Erba‘în isimli eserini ihtisar ederken, diğer taraftan ise Râzî’nin insan fiilleri konusundaki Eş‘arî tutumunu ciddi şekilde eleştirmektedir. Bunu da büyük ölçüde bizzat Râzî’nin el-Metâlibü’l-‘âliye mine’l-‘ilmi’l-ilâhi gibi ansiklopedik eserlerinde dile getirdiği argümanlar ekseninde yapmaktadır. Kuşkusuz bunun da sıradan bir durum olmadığı açıktır. Çünkü insan fiilleri, düşünürlerin ulûhiyyet tasavvurunu ve Allah-insan ilişkisini belirleyen konuların başında gelmektedir. Bu çalışmada Râzî’nin bu konudaki tutumu, Urmevî’nin felsefî ve kelâmî eleştirileri tespit edilmeye çalışılacaktır. Böylece insan fiilleri ekseninde onun Râzî’yi muhakkik olarak tesis etmeye çalıştığı açıkça görülmektedir.

Crimes that are classified as extraordinary crimes are money laundering which can disrupt the economic and structural stability of the country. This offense can be committed by active members of the TNI. The investigation into him is an integral part of the criminal justice system. The aim of this research is regarding the role and position of legal investigators in dealing with TPPU involving the military in Indonesia. The method used in this research is normative by reviewing literature and legal sources, including legal principles, positive law, legal regulations, and legal principles. Research findings show that if there are members of the TNI who commit general offenses (including TPPU), then the investigative authority in money laundering cases involving the Indonesian military can come from the POLRI, TNI, Attorney General's Office, or other agencies that have investigative and prosecutorial authority. All parties must coordinate to ensure that this case is handled carefully and transparently in accordance with applicable law.

Decoloniality in its inclusive sense, the planetary plays an essential role, the apodictic to complexity allows the understanding of the research subject as a human being in his respect for the human condition and the role of his education and liberating research. From decolonial rhizomatic investigations, where the author is liberated in her feelings and contributions to the investigation, the safeguarding of the human being researcher in planetary decoloniality is analyzed, which is the complex objective of the investigation. With a transmethodology and the transmethod comprehensive, ecosophical and diatopian hermeneutics; in analytical, empirical and propositional moments. With exceptional categories such as: human condition, ecosophy and diatopia. In the propositional moment, the dignity of his own history and complexity: nature-body-mind-soul-spirit-God in his human actions, he recovers in the exercise of his complex way of acting that refers him to an essence of love for the Earth as homeland.

The article deals with the regulations related to the questioning of a person, its similarities, and differences with the interrogation of a witness in court in accordance with the Criminal Procedure Code of Georgia. The author presents the problems that arise in the practical application of legal norms related to the questioning of a person. This often becomes the basis for delaying the investigation and, in general, harms the justice process. The paper discusses ways to solve the problems presented. To better present the problems discussed in the article, hypothetical examples are offered that will help the reader get a clear idea of the existence of possible negative factors during the application of the norms under discussion in practice. It will assist us in studying the mentioned issue by comparing the issue under consideration with the procedural rules of interrogating the witness standing close to it. Also, an analysis of the legal framework of foreign countries regarding witness interrogation procedures is presented, which will help us identify the problem and find solutions. [ABSTRACT FROM AUTHOR]

Adoption of the Preliminary Ruling (HP) of the Chamber of the Court of First Instance of the European Communities for the resolution of questions of law in criminal matters No 64 of 2 October 2023 on the procedure provided for in Article 148(2) of the Criminal Procedure Code. 3 of the Code of Criminal Procedure has led to a change in case law in the work of the judiciary, with direct consequences both on cases still pending and on the future approach to the application of the legal provisions mentioned. This article aims to clarify the controversial issues that have arisen in the practice of the judiciary and to establish the legal effects of this change in the interpretation and application of the legal provisions. [ABSTRACT FROM AUTHOR]

Purpose. The purpose of the work is to study the current legislation that ensures the legality of secret investigative (search) actions. The author of this work substantiates the illegality of using the materials of secret investigative (search) actions to prove the guilt of a person if an unauthorized person was involved in conducting such investigative actions. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-grammatical, systemic-structural, modeling. The results. In the process of research, it was established that persons who are not employees (employees) of operative divisions of law enforcement agencies, who are not allowed to the state secret, cannot participate in secret investigative (search) actions, but authorized persons who conduct such investigative actions can use information received from "other" persons. Evidence obtained in violation of the procedure for conducting secret investigative (search) actions must be declared inadmissible by the court. Scientific novelty. With regard to the development by scientists of the topic of involving persons not admitted to state secrets in secret (investigative) investigative actions, this topic is new. In the process of research, it was scientifically proven that the involvement of unauthorized persons in conducting such investigative actions is a violation of current legislation. Practical significance. The results of the research can be used in law-making activities for the further improvement of the national criminal procedural legislation regarding the improvement of the institution of the use of covert investigative (search) actions, in the practical work of law enforcement agencies, the defense side, the administration of justice, as well as in the educational process during the teaching and learning of academic disciplines "Criminal Procedural Law of Ukraine" and "Advocacy".

Formulation and consideration of various issues related to the improvement of the investigative apparatus of Russia are in the constant attention of representatives of legal science. The current state concept and the practical model of the country's investigative apparatus built on its basis require significant improvement in order to resolve existing organizational and procedural challenges. The purpose of the research is to identify and analyze the stages of construction, the positive and negative aspects of organization and activities of single and independent agencies of preliminary investigation in foreign countries, as well as the genesis and trends of their development. Based on the results obtained, the study formulates proposals for improving the investigative apparatus of the country regarding the Investigative Committee of Russia. To achieve this goal, the research explores the experience of organizing unified and independent preliminary investigation agencies in the countries of the former USSR and the West. All the results and conclusions were obtained using general scientific methods of scientific research: dialectical, logical, systemic, as well as private scientific and special such as comparative legal, formal legal, statistical, interpretation and a number of others. The author comes to the conclusion that organization and activities of the Investigative Committees of Russia and Belarus are basically similar, but there are some positions that differ significantly. Negative experience of building a unified and independent investigative committee was demonstrated in the Republic of Kazakhstan. The reason was insufficient attention paid to preparations on the part of the leadership to creation of such an agency. Thus, combination of functions of inquiry, operational-search, investigative, statistics and expert, as well as transfer of some of the important and inalienable powers of the prosecutor's office when creating such a law enforcement agency is unacceptable.

The purpose of the article is to study the procedural possibilities of a request and permission to change the remand in custody to a more lenient preventive measure during pre-trial criminal proceedings. The article uses the methods of system analysis, synthesis, analogy and generalization. The author concludes that a direct appeal to the court with a request to mitigate the preventive measure in the form of detention at the preliminary investigation stage within the meaning of the criminal procedure law by the participants in criminal proceedings on the part of the defense is possible at the time when the court considers the investigator's request to extend the period of detention or to change the preventive measure, or at any time during criminal proceedings in the case of a bail application. When the request for changing the preventive measure is received during the preliminary investigation from the participants in the criminal proceedings on the part of the defense during the period between court sessions on the extension of the preventive measure, the court must assess its content. If there is no evidence of a change in the grounds for changing the preventive measure in the form of detention to a more lenient one, the court shall refuse to accept the request for consideration. If the circumstances indicated in the request show a change in the grounds for applying the preventive measure, the court must adopt it and consider it under the adversarial conditions with the participation of the parties in the order of Article 108 of the Code of Criminal Procedure of the Russian Federation. In the event of refusal to satisfy the request, a repeated request on the same ground is not permitted.