THEORETICAL FRAMEWORK FOR COMBATING CRIME AS A BASIS OF THE INVESTIGATOR’S PROCEDURAL ACTIVITIES

Анотація

The purpose of the article is to determine the ways of theoretical basis for the investigator's procedural activities. Results. In the article, it is underlined that the activities of specific law enforcement entities are the focus of research of the relevant, to some extent disparate, sectoral legal sciences, each of which uses different terms to refer to actions and processes which are identical in content. It is thought that although scholars have considered individual theories of legal sciences stating their interconnection, they have not taken the next step of combining these theories into a common megatheorythe fight against crime. Due to this situation, the procedural role of the investigator (as activities performed by him/her in different areas) should be clarified using the provisions of the general theory of combating crime. The most effective way to theoretically substantiate the investigator's procedural activities within the general theory of combating crime is to expand scientific knowledge, deepen it and involve knowledge from other branches of (related to) legal science. Conclusions. It is concluded that the general theory of combating crime, as a higher-level theory in relation to the theory of criminal procedure, allowing for the importance of pre-trial investigation bodies in the field of implementation of the law enforcement function of the State, should be used as the theoretical basis for the investigator's procedural activities. The theoretical basis for the investigator's procedural activities implies the following: The expansion of knowledge is implemented through proposals and research of additional powers, procedural means, new principles of criminal procedural activities, application of additional measures to ensure criminal proceedings, additional actors, new forms of investigator's activities, forms of his/her interaction with other actors; The deepening of knowledge is realised through the study of the particularities of application of already introduced criminal procedural institutions in the activities of the investigator, study of their legal nature, and determination of ways of their possible improvement; The attraction of knowledge from other fields of science is realised through the application of sociological, general legal knowledge, results of research in natural sciences, technical, humanitarian sciences, etc.

Класифікація

Ідентифікатори

Схожі роботи