FEATURES OF PROVING CRIMES IN THE FIELD OF SERVICE AND PROFESSIONAL ACTIVITIES RELATED TO THE PROVISION OF PUBLIC SERVICES

Abstract

The place of proof in the criminal process is determined, it is emphasized that the main purpose of proof is to establish the objective truth of the event that took place. Scientific approaches to the classification of crimes in the field of official activity and professional activity related to the provision of public services are considered. A separate classification of the specified crimes is proposed based on the criterion of the objective manifestation of criminal actions and the scope of the use of powers by the subject of the crime: crimes related to the use of powers granted to a person; crimes committed in excess of authority; crimes committed due to carelessness; criminal offenses related to corruption; crimes from Chapter XVII of the Criminal Code, committed by common subjects. General features of classification groups are defined. The features of evidence in crimes in the field of official activity and professional activity related to the provision of public services are characterized, according to the proposed classification. It is emphasized that abuse crimes are characterized by a high level of latency, which creates the need to conduct specific investigative (search) actions, the need to study documentation reflecting official activities during the investigation is emphasized. Proposed priority investigative actions in the investigation of excesses of official powers, which will avoid possible abuses by the subject of the crime. Additional circumstances that must be established during the investigation of official negligence are listed. The specified features of investigations of crimes related to corruption, it is emphasized that the problems in the investigation of the specified category of crimes are not the possibility of conducting covert investigative (detective) actions when investigating the deliberate non-submission of the declaration, as well as the difficulty of establishing the fact of its personal submission. In the proposed categories of crimes, the specifics of conducting investigative (detective), covert investigative (detective) actions, prescribed examinations, and differences in applied forensic practices are highlighted. It was emphasized that the evidence collected during the investigation of crimes in the field of official activity and professional activity related to the provision of public services is the main subject of the trial of criminal proceedings of the specified category, their volume and quality determine the further direction of the trial and the achievement of the goal of the criminal proceedings – the restoration of a fair procedure for the exercise of their powers and activities by officials and persons who provide public services, and preventing the commission of illegal acts in the future.