Review

In the article, based on the analysis of scientific literature on criminalistics and criminal process practical materials, the problematic issues of the initiation of criminal proceedings and the determination of a range of circumstances that are established in the investigation of the facts of official negligence are analyzed.

The purpose of this article is to study the peculiarities of the initiation of criminal proceedings and determine the range of circumstances that are established in the investigation of official negligence.

Often, law enforcement agencies receive information about the facts of official negligence from information in the media about an event: an accident, a fire, pollution of the territory, etc. Criminal proceedings usually begin after inspecting the place of the event (the place where the socially dangerous consequences of official negligence have occurred). Oral or written statements (reports) about the commission of this crime are filed on the results of revision or official inspections.

The largest group of circumstances that are established in the investigation of official negligence is the occurrence of a criminal offense. Establish: who, when and in what circumstances reported about the fact of  negligence; description of the body where the official is employed; description of the position and powers of an official; analysis of decisions taken by the official, actions taken in the particular case; whether they belong to official duties, the failure to fulfill which resulted in official negligence; what actions the person was obligated to commit, and in what manner and why did not do it etc.

In addition, such circumstances are established during the investigation: the person guilty in the commission of negligence, the type and amount of crime damage; mitigating and aggravating circumstances, grounds for exemption from criminal liability or punishment etc.

The correct establishment of the range of circumstances that are established in criminal proceedings in the investigation of official negligence allow the investigator to properly organize and plan investigations, achieve the goal and fulfill the objectives of the criminal proceedings specified in Art. 2 CPC of Ukraine.

Keywords: service negligence, beginning of criminal proceedings, pre-trial investigation, circumstances that to be established.