СIRCUMSTANCES TO BE ESTABLISHED DURING THE INVESTIGATION OF MASS UNRESTS

Abstract

The article is devoted to the study of circumstances that are subject to establishment during the investigation of mass riots. Attention is focused on the fact that in forensics, circumstances that are subject to establishment specify the circumstances defined in Art. 91 of the Criminal Procedure Code of Ukraine, and the forensic methodology of investigation of certain types of criminal offenses provides a list of circumstances that are subject to establishment taking into account the features of a certain type of criminal offense.
The significance of circumstances that are subject to establishment lies in optimizing the pre-trial investigation of mass riots and accelerating the formation of an evidentiary base in criminal proceedings; determining the direction of the investigation, its planning and organization of the sequence of investigative (search) actions, as well as establishing a set of data that are mandatory for clarification and verification during the investigation of mass riots.
Circumstances to be established during the investigation of mass riots are a list of information that is essential for collecting complete and admissible evidence in criminal proceedings and solving the tasks of the investigation.
It has been determined that during the investigation of mass riots, circumstances confirming the event and the fact of committing mass riots, and not other criminal offenses (time, place, circumstances of committing mass riots), the identity of the offender (organizers and active participants in mass riots), as well as the method of committing illegal actions and the tools and means used to achieve a criminal result, are subject to mandatory establishment.
The circumstances to be established during the investigation of mass riots include the following: 1) circumstances characterizing the event of the crime; 2) circumstances characterizing the circumstances of committing the crime; 3) circumstances characterizing the identity of the offender; 4) circumstances characterizing the subjective side of the crime; 5) circumstances characterizing the manner of committing the crime; 6) circumstances characterizing the consequences of the crime; 7) other circumstances relevant to the investigation.