SCIENTIFIC DEBATES ON THE PREVENTIVE ACTIVITIES OF AUTHORIZED PERSONS AS PART OF THE METHODOLOGY FOR INVESTIGATING CRIMINAL OFFENCES AGAINST MORALITY

Анотація

The scientific article deals with study of certain issues of the methodology of investigation of criminal offenses against morality. The authors emphasize the mandatory inclusion in this structure of such an element as the preventive activities of authorized persons. It is noted that the preventive function should be performed regardless of the service where a law enforcement officer works and his position. Emphasis is placed on the fact that previously the Criminal Procedure Code of Ukraine directly obliged the investigator to take a number of measures to eliminate the causes and conditions of illegal actions. Unfortunately, at the moment there is no such rule. The authors point out that, in their opinion, the authorized persons conducting the pre trial investigation should find opportunities to do at least a minimum to prevent this category of criminal offenses. After all, the position of morality is the basis for both the legal support of the state and the normal functioning of society as a whole. It is pointed out that the criteria for the effectiveness of criminal law of the investigated acts is the correct definition of social need, which passes different levels as a result of the analysis of the effectiveness of a number of rules on liability. Yes, it can range from random single facts of criminal offenses to objective necessity, as well as an adequate understanding of the social need to correctly determine the nature of public relations subject to criminal protection. The most characteristic measures of prevention of the investigated category of illegal actions by divisions of National police of Ukraine are defined, in particular: realization of educational influence by divisions on minors and minors by propaganda of nonviolence and observance of public morality; implementation by units of preventive influence on citizens; organization of discussions in the print media on topical issues of morality.

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