INVESTIGATIVE RECONSTRUCTION: CURRENT ISSUES OF CONTENT AND FORMS OF IMPLEMENTATION OF THE CRIMINALISTIC METHOD

Abstract

The authors of the article investigate the basic regularities of investigative reconstruction as a forensic method of cognition and specific possibilities of its use for collecting, studying and evaluating evidence at the stage of pre-trial investigation of criminal offenses. Based on the generalization of best practices, they justify the possibility of applying this modeling technique during investigative (detective) actions. The article outlines the legal foundations and prospects for the development of forensics and criminal procedural law in the light of legal reform in Ukraine. In particular, it examines the legal grounds and legislative requirements for the use of investigative reconstruction in criminal proceedings and forensics as a source of new evidentiary information. The authors of the mentioned scientific research conditionally divide investigative reconstruction into elementary and complex. They consider complex reconstruction as a complex of cognitive means and methods, which include many different techniques and operations depending on the purpose, nature of the object (situation) that must be reconstructed. Thus, they generalize investigative reconstruction as an independent investigative (search) action. The author's own (author's) position on the structure of the procedural regime of reconstruction is presented for consideration and discussion to the public, the elements of which are: an independent procedural task, a special procedure for its implementation, a circle of participants, continuity, a procedural form of implementation and consolidation of results. The need for effective cooperation between law enforcement officers and specialists in the field of forensics is substantiated for the purpose of high-quality and objective performance of criminal proceedings tasks, compliance with the general principles of criminal proceedings and improvement of the innovation policy of Ukraine in general. Taking into account the analysis of law enforcement practice of carrying out investigative (detective) actions, the authors of the article have established the most rational aspects of investigative reconstruction as a type of modeling and a method of cognition in the activities of law enforcement agencies during pre-trial proceedings. The significance and assessment of these legal positions in the system of law, criminology and criminal process as a whole are revealed. Conclusions are drawn and recommendations are given regarding the coordinated application of the norms of current legislation in the practical activities of an investigator, detective and criminalist. Attention is drawn to the need for further scientific cooperation between scientists and specialists in the field of substantive and procedural law.