SOME PECULIARITIES OF ORGANIZING AND CONDUCTING INTERROGATION IN THE INVESTIGATION OF CRIMINAL OFFENSES AGAINST THE ENVIRONMENT

Abstract

The article is aimed at highlighting the theoretical provisions which cover the issues of organization and conduct of interrogation in criminal proceedings initiated upon the facts of criminal offenses against the environment. The author analyzes the content of testimony given during interrogation and its significance in criminal proceedings. The author provides a classification of interrogation on various grounds (depending on the procedural status of the interrogated person; by stages of interrogation; by sequence of interrogation; by age characteristics of the interrogated person; by the subject of interrogation). The purpose and main task of interrogation are formulated. The main stages (phases) of interrogation are analyzed and the key components of preparation for its conduct are identified. Based on the results of the survey of investigative bodies of pre-trial investigation of the National Police of Ukraine regarding the specifics of investigation of criminal offenses against the environment, it is found that in criminal proceedings of this type of offenses there is a need to interrogate the following categories of persons in the following ratio 1) eyewitnesses and participants of the event as witnesses –100%; 2) victims – 21.3%; 3) suspects – 71.4%; 4) experts or specialists as witnesses – 46.9%. The author examines the scientific positions of scientists and materials of forensic practice with a view to identifying persons who may potentially be witnesses to criminal offenses against the environment. On their basis, it is concluded that it is advisable to interrogate as witnesses: 1) employees of state bodies exercising state supervision (control) in the field of environmental protection, law enforcement agencies which have detected a criminal offense; 2) persons who witnessed criminal offenses against the environment; 3) persons involved in certain investigative (search) actions. The author formulates the main issues which constitute the subject matter of interrogation of witnesses and suspects, and provides recommendations on the main tactical techniques which can be used by an investigator when conducting this investigative (detective) action in conflict and non-conflict situations.