FEATURES OF THE LEGAL REGULATION OF THE GROUNDS FOR THE CONDUCT OF A SPECIAL INVESTIGATIVE EXPERIMENT AND SIMULATION OF A CRIME SITUATION BEFORE THE BEGINNING OF CRIMINAL PROCEEDINGS

Abstract

The article examines the problems of legal regulation and the grounds for conducting a special investigative experiment and simulating the crime situation before the start of criminal proceedings in order to establish, through the use of operative investigative measures, the fact of the preparation and commission of a crime. It is noted that a special investigative experiment and simulation of a crime scene (as an undercover investigation (search action)) have no analogues both among the list of rights of operational units and as separate operational and investigative measures. Absence of legal regulation of conducting an operative investigative measure, which is analogous to a special investigative experiment during the recording of the actions of persons at the stage of preparation for committing a crime, or in the case when it is necessary to conduct an operative investigative measure in order to verify the true intentions of a certain person whose actions show signs of a serious or particularly serious crime, observing her behavior and her decision-making regarding the commission of the crime – makes it much more difficult, and even makes it completely pointless, as it can lead to the recognition of the received evidence as inadmissible. At the same time, controlled delivery, controlled and operational procurement of goods, objects and substances is provided both within the NSRD and as an exercise of the rights of operational units. It was concluded that Clause 7, Part 1, Art. 8 of the Law of Ukraine "On Operative and Investigative Activities" gives operatives the right "to covertly identify and record traces of a serious or particularly serious crime, documents and other items that may be evidence of the preparation or commission of such a crime...", which allows using this norm as the basis of investigative measures, which are carried out with the aim of verifying the true intentions of a certain person whose actions show signs of a serious or particularly serious crime. A number of amendments to the separate provisions of the Law of Ukraine "On Operative-Investigative Activities" have been substantiated and proposed, which will allow establishing legal grounds for conducting a "special investigative experiment" and "simulating a crime scene" before the start of criminal proceedings.