- Journal Issues
- № 2 2018 Actual problems of criminal justice
- Problems of criminal law and criminalistics
- Criminalistics characteristics of declaration false information
Criminalistics characteristics of declaration false information
Review
In the article, based on the analysis of scientific literature on criminalistics, criminal process and taking into account actual changes to Art. 366-1 of the Criminal Code of Ukraine, the Law of Ukraine "On Prevention of Corruption" have analyzed the criminalistics significant indications of the declaration of false information.
The purpose of this article is to study within its scope the criminalistics characteristics of declaration false information.
The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components - elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3 ) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage.
The article analyzes the following elements of criminalistics characteristics of the declaration of false information: the person of the offender, the subject of a direct criminal offense, the method of committing the crime, the picture of the trace.
The criminalistics characteristics of the declaration of false information helps to distinguish the said offense from other official crimes; crimes related to corruption; and the same administrative offense. The criminalistics characteristics of the declaration of false information facilitates the definition of a range of circumstances to be proved in a criminal proceeding for crimes of this kind and the planning of their investigation. At the same time, while investigating crimes of this kind, there are a number of problems that require further resolution, and therefore this issue requires a separate scientific study, which will be the subject of further scientific research.
Key words: declaration of false information, criminalistics characteristics of crime, electronic declaration, subject of declaration, false information.