Review

The different types of the material world objects cooperation during which the memory mappings are created in the environment accompany the commission of the crime. The important part of these memory mappings is conserved on the human memory. Its identification search permits the have the information about the marks and characteristics of the objects making it.

Before the modern forms this method of the objects identification was improved, organizationally formed and the legislatively studied by the investigative (search) activities – the submission for identification (art. art. 228, 229, 230 Criminal Procedure Code of Ukraine).

In spite of the fact that this method of the objects identity establishment wasn’t mentioned in the law a great while as an independent investigative action, it used on the practice fair amount. The identification is made during the interrogation or the identification parade. The proceeding guarantees of these actions’ credibility weren’t always observed what provoked the loss of the persuasion and the results evidentiary value.

For the first time the mentioned objects identification method as an independent investigative action was passed in the law in the Criminal Procedure Code of Ukraine 1960. It is necessary to take attention of the fact that the some objects identification can be at same time in the criminal proceedings and in the operational search actions. It gives the different legal consequences of the identification.

In the Criminal Procedure Code of Ukraine in force there are three types of the submission of the person, the objects, the corpse for identification (art. art. 228, 229, 230). In the criminalistics’ theory there are: a) any material world objects observed by the person by the meaning circumstances for the investigation (which includes the persons, the corpses, the animals, the buildings etc.); b) some parts of different material world objects; c) the photos and pictures of the objects or its parts; d) the portrait busts photos made according to the professor Guerassimov’s method; e) the foot prints or the cast of the other objects; f) the face cast or the cast of some body parts of the unidentified corpses. It is important to say that this list can be definitive.

It is proved the idea concerning the inexpediency to name the objects of submission for identification as: the photos and pictures of the objects or its parts, the portrait busts photos made according to the professor Guerassimov’s method, the foot prints or the cast of the other objects, the face cast or the cast of some body parts of the unidentified corpses. By definition the question is about the submission of the persons and objects but not its copies for identification.

Preceding from the general provisions the identification process is considered as a difficult psychological act that takes place instinctively but not as mechanical comparison of static perception and imagination visions. The exact description of the person physical signs for the persons who saw her is difficult to do even on the case when the signs were well memorized. For the fact of identification, the meaning signs are the signs fixed instinctively and actualized during the submission for identification process. It is proposed the modifications and precisions of some norms of the Criminal Procedure Code of Ukraine what promotes to performance of this investigative (search) action.

Keywords: criminal court proceedings, memory traces, identification, cognitive activity, investigative (search) activities, submission for identification, operational search actions.