Review

The article is devoted to a comprehensive analysis of methodological approaches to the documentation and investigation of espionage. The focus is on the theory of evidence as a fundamental tool that ensures the systematic and scientific validity of the collection and use of evidence in espionage cases. The purpose of the article is to determine the role of the theory of evidence in the documentation of espionage activities and to develop recommendations for increasing the effectiveness of counterintelligence, operational and investigative activities and pre-trial investigation of such crimes. It is proved that espionage poses a direct threat to national security, and the successful exposure and evidence of this latent crime contributes to the strengthening of state security and the rule of law in the field of countering intelligence and sabotage attacks. The article proposes scientifically sound approaches that allow law enforcement agencies to more effectively detect and document espionage activities in the context of modern security challenges. It is emphasized that a successful investigation of espionage requires a clear definition of the subject of proof – a set of facts that must be established to prove guilt in espionage (in particular, the fact of illegal collection or transmission of information constituting a state secret, the suspect’s connection with foreign intelligence, intent to harm the state, etc.). The theory of proof offers a system of principles according to which each of these elements must be confirmed by proper and admissible evidence. In the process of investigating espionage, such a theoretical basis helps investigators systematically put forward and verify investigative versions, avoid randomness in collecting evidence, and ensure their proper procedural formality. As a result, adherence to scientific approaches to proof increases the likelihood of successful disclosure of the crime and a guilty verdict that is resistant to possible appeals in court. The work details the main methods of collecting, verifying, and evaluating evidence in espionage cases that arise from the theory of proof. It is noted that the collection of evidence in such cases has its own specifics due to the high level of secrecy of criminal activity. Special attention is paid to the specifics of documenting acts of espionage as an integral part of the process of proving. Documentation is understood as recording the revealed facts of illegal activity in the procedural form prescribed by law so that such facts acquire the status of evidence. The article notes that due to the conspiratorial nature of espionage, its documentation is inextricably linked with the conduct of counterintelligence and operational-search measures. The article concludes with an emphasis on the fact that only the synergy of science and practice – the introduction of modern theory of evidence into the daily activities of law enforcement agencies – will ensure the inevitability of punishment for espionage and the protection of the national security of Ukraine.