网络转移侦查初期的典型侦查情形

O. Peleshchak
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引用次数: 0

摘要

在实施欧洲发展矢量和与俄罗斯的混合战争的背景下,确保乌克兰的国家安全正成为一项日益重要的任务。在不宣而战的情况下,对乌克兰领土的破坏比以往任何时候都更加真实。这种罪行在专业上伪装成其他刑事罪行,特别是在使用计算机、系统、计算机网络和电信网络领域,其实施方式相当多样化,并由乌克兰刑法的单独条款加以限定。执法机构在调查的最初阶段客观地对刑事犯罪进行分类有时是有问题的,这导致审前调查的不同机构的工作重复,其主题不当,导致起诉的执行不令人满意,从而未能进行刑事诉讼。该研究的目的是总结典型的调查情况,并确定作为优先事项的战术任务,调查使用计算机,系统和计算机网络以及电信网络的刑事犯罪的初始阶段,以确认或驳斥破坏迹象的存在。根据这项研究的结果,得出的结论是,需要查明具体的调查情况,主要是因为澄清其要素可以大大节省执法的时间和资源,以处理为确定适当的调查对象(管辖权)而必须执行的典型战术任务。侦查主体对下一阶段刑事侦查侦查态势的类型化,直接取决于优先战术任务能否及时、客观地解决。后者直接受到刑事诉讼侦查状态的影响,而侦查状态是由侦查初始阶段战术任务的完成程度决定的。应当评估刑事调查的状况,以便确定一种情况模式,在这种情况下,适当的调查对象将不得不开始下一阶段的调查。
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TYPICAL INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF CYBER DIVERSIONS INVESTIGATION
Ensuring Ukraine's national security is becoming an increasingly important task in the context of the implementation of the European vector of development and the hybrid war with Russia. In the conditions of an undeclared war, sabotage on the territory of Ukraine is more real than ever. Such crimes are professionally disguised as other criminal offenses, in particular in the field of use of computers, systems, and computer networks and telecommunication networks, and the ways of their commission are quite diverse and are qualified by separate articles of the Criminal Code of Ukraine. It is sometimes problematic for law enforcement agencies to objectively classify a criminal offense at the initial stage of the investigation, which leads to duplication of work by different bodies of the pre-trial investigation, its improper subject, resulting in the unsatisfactory implementation of the prosecution and thus failure to perform criminal proceedings. The purpose of the study is to summarize typical investigative situations and identify tactical tasks to be addressed as a matter of priority, the initial stage of investigation of criminal offenses in the use of computers, systems, and computer networks, and telecommunications networks to confirm or refute the presence of signs of sabotage. According to the results of the study, it was concluded that the need to identify specific investigative situations is due primarily to the fact that clarifying its elements significantly saves time and resources of law enforcement to address typical tactical tasks that must be performed to determine the appropriate subject of investigation (jurisdiction). The typification of investigative situations of the next stage of investigation of criminal offenses by the proper subject of investigation directly depends on the timely and objective solution of the priority tactical tasks. The latter is directly affected by the state of the investigation of criminal proceedings, which is determined by the degree of fulfillment of the tactical tasks of the initial stage of the investigation. The state of the criminal investigation should be assessed in order to determine a model of the situation in which the appropriate subject of the investigation will have to initiate the next stage of the investigation.
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