Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 70
2021
Recibido el 12/05/2021 Aceptado el 30/06/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
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Vol. 39, Nº 70 (2021), 222-237
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Tactical and procedural features of
the search in the investigation of crimes
against public security
DOI: https://doi.org/10.46398/cuestpol.3970.14
Zaika Serhii *
Soroka Andrii **
Ratniuk Viktor ***
Bekh Oleg ****
Somyk Oleksandr *****
Abstract
Based on the review of legislation and other scientic sources,
the results of the generalization of investigative and judicial
practice, the legal and organizational principles of search in
criminal proceedings in the investigation of crimes against
public security are studied. The study used both general scientic
methods to determine certain legal categories that characterize
the search in the investigation of crimes against public safety, and special
methods. It is based that the conditions of search in the criminal process in
the investigation of crimes such as the creation of a criminal organization,
assistance to members of criminal organizations and cover-up of their
criminal activities, banditry, terrorist act, illegal handling of weapons,
ammunition, or explosives, etc. are generalized and substantiated. It is
concluded that the fulllment of such conditions during registration is
established by the Law, which determines the admissibility of the evidence
obtained in the subsequent investigation. The faculties of the researcher
and the employees of the operating units are highlighted, as well as the
algorithm of their actions during the start and realization of the search.
* Candidate of Legal Sciences, Docent, Associate Professor at the Dapartment of Criminal Procedure, National
Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-8138-7598. Email:
SZaika@i.ua
** Candidate of legal sciences, Assistant Professor, Head of the training department of the Bohdan
Khmelnytsky National Academy of the State Border Guard Service of Ukraine, Khmelnytsky, Ukraine.
ORСID ID: https://orcid.org/0000-0003-1284-545X. Email: ander.sor@i.ua
*** Chief forensic expert of the sector of dactyloscopic researches of the department of criminological
types of researches of the Ternopil research expert-criminological center of the Ministry of Internal
Aairs of Ukraine, Ternopil, Ukraine. ORСID ID: https://orcid.org/0000-0002-4229-505X. Email:
ratnuk2009@gmail.com
**** Odessa region, Odessa, Ukraine, ORСID ID: https://orcid.org/0000-0001-6710-6633. Email:
avelan@protonmail.com
***** Candidate of legal sciences, Assistant Professor at the Department of Criminal Process, Odesa State University
of Internal Aairs, Odesa, Ukraine. ORСID ID: https://orcid.org/0000-0002-9117-115X. Email: alex.odua@ukr.
net
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The procedural procedure for carrying out a search in the investigation of
crimes against public security was considered.
Keywords: crimes against public security; criminal proceedings; search
for evidence; faculties; researcher.
Características tácticas y procesales de la realización
de un registro en la investigación de delitos contra la
seguridad pública
Resumen
A partir de la revisión de la legislación y otras fuentes cientícas, se
estudian los resultados de la generalización de la práctica investigativa y
judicial, los principios legales y organizativos de búsqueda en procesos
penales en la investigación de delitos contra la seguridad pública. El
estudio utilizó tanto métodos cientícos generales para determinar ciertas
categorías legales que caracterizan la búsqueda en la investigación de delitos
contra la seguridad pública, como métodos especiales. Se fundamenta que
las condiciones de allanamiento en el proceso penal en la investigación de
delitos tales como la creación de una organización delictiva, asistencia a
miembros de organizaciones delictivas y encubrimiento de sus actividades
delictivas, bandidaje, acto terrorista, manejo ilegal de armas , municiones
o explosivos, etc. están generalizados y fundamentados. Se concluye que el
cumplimiento de tales condiciones durante el registro lo establece la Ley,
que determina la admisibilidad de la prueba obtenida en la investigación
posterior. Se destacan las facultades del investigador y los empleados de
las unidades operativas, así como el algoritmo de sus acciones durante el
inicio y realización de la búsqueda. Se consideró el procedimiento procesal
para la realización de un allanamiento en la investigación de delitos contra
la seguridad pública.
Palabras clave: delitos contra la seguridad pública; proceso penal;
búsqueda de pruebas; facultades; investigador.
Introduction
Public safety creates an atmosphere of the public peace, an atmosphere
of condence in the reliability and eectiveness of security, its guarantee,
a sense of security that can be relied on, in which they are condent, which
is reassuring. The downside of the need for public safety is the state of
public unrest, concern for reliable protection of the community, feelings of
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Zaika Serhii, Soroka Andrii, Ratniuk Viktor, Bekh Oleg y Somyk Oleksandr
Tactical and procedural features of the search in the investigation of crimes against public security
insecurity from criminal encroachments, the presence of danger, threats to
life and health, property, loss of security, lack of it, fear for life and health.
Crimes against public safety are provided by Section IX of the Special
Part of the Criminal Code of Ukraine (Articles, 255-270-1) (CRIMINAL
CODE OF UKRAINE, 2001), generally dangerous, guilty (international
or negligent) acts (actions or omissions) that violate safe conditions. vital
activity, protection from physical and psychological threats and create
a general danger of death or other serious consequences or cause such
consequences. Their generic object is public (general) security - safe living
conditions, health and property (property), their protection, which ensures
the prevention and neutralization of threats of causing them signicant
harm, and the direct objects are areas (subsystems) components of public
safety due to sources of increased danger.
The subject of these crimes are weapons, ammunition, explosives,
radioactive materials, explosive devices, nuclear explosive devices that
disperse radioactive material or emit radiation, ammable and corrosive
materials, and another chemical, biological, explosive materials, and other
dangerous objects. for the environment. These items are intended or can be
used as a means of destroying a living target, destroying or damaging the
environment. In view of this, it is extremely important in the investigation
of crimes against public safety to conduct investigative (search) actions
aimed at obtaining (collecting) such evidence or verication of already
obtained evidence in a particular criminal proceeding.
However, it should be noted that the conduct of investigative (search)
actions are often accompanied by restrictions on human rights, which
provides for coercive inuence applied to the participants of investigative
(search) actions by authorized bodies and persons in order to ensure
procedural order, criminal procedural evidence (Kun, 2017). The Criminal
Procedure Code of Ukraine not only proclaims the requirement to respect
the rights and legitimate interests of participants in criminal proceedings
but also denes the duty of the investigator, prosecutor to create conditions
and ensure the opportunity to exercise their rights, implement them
(Galagan and Dulskiy, 2019).
One of the most eective and at the same time the most dicult ways to
nd evidence is a search. Proper conduct and registration/recording of the
obtained data is an extremely important component of criminal proceedings.
There is an objective need to develop practical recommendations for
improving the eciency of investigative bodies to collect and verify the
evidence by conducting a search, which will help to avoid errors during
its conduct. Thus, the tactical and procedural features of this investigative
(search) action in the investigation of crimes against public safety will be
the subject of our study.
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1. Methodology of the study
The study used both general scientic methods (observation, description,
comparison) to determine certain legal categories that characterize the
search in the investigation of crimes against public safety, and special
methods, in particular: systematic analysis, as well as system-structural
and formally logical - provided an opportunity to clarify the legal nature
and essence of the search; thanks to the comparative legal method, the
views of scientists on certain aspects of procedural and organizational
features of the search were analyzed; thanks to the formal legal method,
the provisions of the Constitution of Ukraine, the Criminal Procedure Code
of Ukraine, other laws were investigated, the content and meaning of the
used concepts and terms were claried, conclusions and proposals on
their interpretation during the search were substantiated; structural and
functional - was used to analyze the procedural order of the search, and
statistical - in order to summarize the results of the study of materials of
criminal proceedings; With the help of modeling and forecasting, specic
proposals were formulated for the organization and tactics of searches in
the investigation of crimes against public safety.
2. Analysis of recent research
Despite the signicant number of studies on the search (Belkin,
2001; Kohutich, 2008; Shumylo, 2013; Komarova, 2019; Chornous,
2021; Stakhivskyi, 2009; Zaitsev et al., 2020), some issues related to this
investigative action in the investigation of crimes against public safety
remain unresolved. Today there is a need, taking into account current
trends in the development of criminal procedural relations and criminology,
a new theoretical understanding of the legal nature of the concept and the
concept of search; clarication of the powers of search participants and
legal guarantees of their implementation; determination of organizational
and tactical features of carrying out the specied investigative (search)
action, the establishment of things and documents which need to be
withdrawn; the procedural impossibility of conducting a search at the
initial stage of investigation of crimes against public safety in the absence
of sucient information about the person being searched, registration
of search results, etc. Active use of search in criminal proceedings of this
category is a permanent, but constant improvement of its legal regulation,
and, at the same time, the presence of legal and organizational problems in
the practice of bodies and persons conducting searches and involved in its
conduct, determine the feasibility of this investigative (search) actions in
the investigation of crimes against public safety.
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Tactical and procedural features of the search in the investigation of crimes against public security
3. Results and discussion
Search as an investigative (search) action in the system of means of
obtaining evidence in the investigation of crimes against public safety is
one of the most eective among other investigative (search) actions. This
is due to the fact that its implementation ensures the recording of traces
of a criminal oense. The main tasks of the search conducted at the initial
stage of the investigation of crimes of this category are: to establish the
location of persons involved in the crime; nding money, valuables,
vehicles, computer equipment, other property, as well as weapons and
objects used as instruments of crime, clothing, shoes and other things of
the suspects, means of communication used during the crime, other things,
and documents, belonging to both criminals and victims and relevant to
criminal proceedings. Items that have been withdrawn from circulation
by law are subject to seizure regardless of their relation to criminal
proceedings.
In accordance with Part 1 of Art. 234 of the Criminal Procedure Code of
Ukraine search is carried out in order to identify and record information
about the circumstances of a criminal oense, nding a weapon of a
criminal oense or property obtained as a result of its commission, as well
as establishing the location of wanted persons (Criminal Procedure Code,
2012). First of all, it is worth noting the lack of a legally dened purpose
of the search - the possibility of conducting it to nd, including items and
documents relevant to criminal proceedings or securing a civil lawsuit,
which has repeatedly emphasized scientists (Strakhova, 2014).
In the context of the problem we are studying, there is no doubt about
the need to improve the legal regulation of the search by expanding the
purpose of its search - nding other items and documents relevant to
criminal proceedings or securing a civil lawsuit (Tertishnik, 1997).
After all, this is the goal of the investigator in most cases of investigating
crimes against public safety. The investigator obtains the factual data on the
basis of which the decision to conduct a search in the investigated criminal
proceedings is made, rst of all, from procedural sources by conducting
investigative (investigative) and covert investigative (investigative) actions.
At the same time, it is impossible to ignore the indicative information
obtained as a result of operative search activities (Kikinchuk et al., 2018).
The most important conditions for a successful search in case of a crime
against public order by a group of persons are the availability of complete
and accurate information about the items sought, the availability of
technical means that can store both video and voice information on advice,
instructions on the actions of individuals with the illegal shipment, technical
devices for the production of forged documents, seals, etc. Therefore, careful
preliminary preparation for the search should be carried out (collection of
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indicative information about the objects of the future search and persons
to be searched, correct selection of search participants, and preparation
of the necessary technical means). However, when conducting a search at
the initial stage of an investigation, full compliance with these conditions
is often impossible. At the same time, delaying a search can lead to the
irreversible loss of valuable evidence that can be destroyed, relocated or
hidden.
Based on the general provisions on search tactics set out in the forensic
literature, it is possible to formulate certain rules for conducting a search
of crimes against public safety: 1) if there are sucient grounds to believe
that the crime was committed by members of an organized criminal group
several objects (requires the creation of several investigative teams); 2)
provide access to the search object; 3) the head of the investigative task
force should personally distribute powers among its members, explain their
rights and responsibilities; 4) if necessary, prohibit those present during
the search to make telephone calls and any contacts; 5) warn about the use
of technical means of xation.
When conducting a search, the provisions of the Criminal Procedure
Code are subject to unconditional execution, according to which a search of
a person’s home or other property based on a decision of an investigating
judge must be recorded by audio and video recording (Part 10 of Article
236) (CRIMINAL PROCEDURE CODE OF UKRAINE, 2012). After all, in
accordance with Part 6 of Art. 107 of the Code of non-application of technical
means of recording criminal proceedings in cases where it is mandatory,
entails the invalidity of the results obtained as a result of the procedural
action (CRIMINAL PROCEDURE CODE OF UKRAINE, 2012).
Given that a search is a complex and time-consuming investigative
(search) operation, the prosecutor must involve a specialist when planning
the investigation. When planning a search, he should consider the activities
that a specialist or group of specialists may carry out during the search.
It should be taken into account: whether there are types of work that are
impossible or dicult to perform without the participation of this person;
whether there is a need to study a complex situation that requires the use
of special knowledge; whether a signicant amount of work will be carried
out, part of which can be performed by a specialist; whether there is a need
to perform work that requires high qualication. The need to involve a
certain specialist during the search should be carefully considered, as the
search may be ineective (Yaremchuk, 2016).
The success of a search is largely determined by the thorough
preparation for it. Preparatory measures for the search include a collection
of indicative information (about the place of the search, about the persons
who are planned to be searched, about the nature of the searched items);
determination of search time; selection of search participants; preparation
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Tactical and procedural features of the search in the investigation of crimes against public security
of technical means of xation; study of material evidence found before the
search in the course of other investigative (search) actions.
Training may consist of conducting investigative (search) actions and
other activities in order to obtain information about: a) the identity of the
searched person, his lifestyle, connections, daily routine, in particular,
information about the living conditions and upbringing of the minor, his
family and circle of acquaintances); b) the place of the search (location of
the premises, the situation, the presence of a homestead, garden, utility
rooms, the presence of hiding places); c) wanted items, as well as whether
the suspect could not transfer them for storage to neighbors, acquaintances,
relatives or stored in public or non-residential premises (not being able
to hide certain items at home, minors seek help from peers, and not only
accomplices in the crime, but also comrades, friends or just acquaintances
(Komarov, 1972).
Based on the information received, the investigator decides who should
be involved in the search, what technical means can be used during the
search. The search must involve operatives, whose tasks will be to protect
the place of the investigative (search) action, to assist the investigator in
inspecting certain premises or areas, as well as to monitor the psychological
reactions and behavior of the searched person, because the teenager such
age traits as hyperexcitability, lack of self-control, less than an adult, can
control their emotions and experiences. To strengthen the emotional impact
will help the use of tactics «verbal intelligence», when the investigator
announces his intentions, checking the reaction of the searched.
For the correct organization of the expert’s work, it is necessary to
dene forms of his help. Based on the object of search and the object of
perquisition, the specialist helps the investigator to choose the order of
this investigative (search) action. When choosing the tactics of involving a
specialist in the search should take into account: what type of perquisition
will be conducted (premises, terrain, vehicle, hiding place, person); an
object of search (documents, tools used to transport persons, personal
belongings, as well as other items that are important for establishing the
circumstances of the crime); the subject of the search; the purpose of the
search; which specialist should be invited; invitation of several specialists
to conduct a search; the situation in which the search will be carried out
(based on the available materials of the criminal proceedings); whether
it will be an additional, repeated search; involvement of a specialist in
conducting a tactical operation «group search».
Thus, during a search of the organizer of the illegal smuggling of persons
across the state border, it is desirable to involve a specialist in the eld of
computer technology, whose participation will seize a variety of equipment
that may contain important information about the organization of the
crime. In addition, the specialist will help to avoid the seizure of equipment
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that does not contain information related to the investigation. A specialist
in the eld of computer technology can assist in nding data contained in
e-mail archives, hard drives, other media and prevent the destruction of
information after turning o a computer or other digital device (Chernyavsky
et al., 2017).
As a specialist, in some cases it is advisable to invite a forensic inspector,
whose task will be the use of various search devices, xing the technical
means of the detected caches and found objects. Sometimes a search dog
should be used to search for certain items, as well as a person suspected of
robbery (for example, an accomplice).Thus, the assistance of a specialist
in conducting a search in the investigation of crimes not only helps to nd
and seize weapons and objects that will be the subject of expert research
from the direct perpetrators of illegal smuggling of persons across the state
border but also to collect information about persons who are coordinators
or organizers of the crime.
According to the analysis of the materials of criminal proceedings,
in practice, there are many cases when investigators during a search in
criminal proceedings on the grounds of crimes against public safety do
not comply with the procedural requirements of the Criminal Procedure
Code of Ukraine. As a result, this has a negative eect on the eectiveness
of the taking of evidence in criminal proceedings in this category, as the
facts obtained as a result of the relevant searches cannot be recognized
as admissible evidence. Thus, on April 15, 2020, the Criminal Court of
Cassation of the Supreme Court in case № 753/21466/18 satised the
defense’s cassation appeal, nding that the expert’s conclusion was derived
from inadmissible evidence. In the cassation appeal, the defense counsel
noted that without the proper legal assessment of the courts of both instances
was the fact that during a search of the residence of a person conducted
in violation of the Criminal Procedure Code, resulting in a protocol and
video recording of the investigative (search) action. the conclusions of the
examinations derived from them were declared inadmissible evidence, two
signal pistols were also seized, one of which, according to the conclusion of
the forensic ballistic examination, was recognized as a rearm. However,
this expert opinion cannot be considered admissible evidence and is the
basis of the accusation, as it is derived from inadmissible evidence - a search
report, and the courts’ reference to the fact that the convict voluntarily
gave him a rearm and conrmed by the court of the rst instance that
he kept these weapons without the permission provided by the law is not
based on case materials. The court overturned the decision and ordered
a new hearing in the appellate court (RESOLUTION OF THE SUPREME
COURT OF UKRAINE: CRIMINAL COURT OF CASSATION, 2020, Case
No. 753/21466/18).
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Tactical and procedural features of the search in the investigation of crimes against public security
Indicative in this case are the illegal actions of the investigator in the
criminal proceedings № 12017040440002016, who carried out a search
of V.’s apartment without video recording, and the seizure of weapons -
without witnesses. In addition, during the search, the investigator left the
premises together with the found hunting weapon «Saiga 12 K», which was
later found to make structural changes in order to acquire the signs of a
rearm (CRIMINAL PROCEEDINGS. 2017. № 12017040440002016). In
addition to the above, it is worth mentioning the violation of the rights to
the inviolability of the home of the person who is its tenant. In situations
where a person is not a homeowner, but only a user, the question arises:
from whom to obtain consent to inspect the premises. The Supreme Court
in its decision № 346/7477/13-k of 31.10.2019 notes that investigative
actions with the permission of the owner of the apartment in the part of
the apartment rented by the person violate the inviolability of the latter`s
housing (RESOLUTION OF THE SUPREME COURT OF UKRAINE,
CRIMINAL COURT OF CASSATION, 2019, No. 346/7477/13-k.).
We share the position of S.V. Ilyuk, that in the procedural legislation it
is necessary to detail the concept of another possession, which is owned by
a legal entity, as the property can be an integral property complex. Under
such conditions, the question arises as to the legality of the search permit
for the entire property complex or the identication of specic objects from
one complex that are subject to search. That is why determining the part
of the ownership of the legal entity where the search is planned requires
concretization and legislative regulation (Ilyuk, 2020).
Analysis of the state of investigation of crimes of this category shows
that in the vast majority of cases the search is carried out in the home, other
property of the person (apartment, basement, country house, garage, etc.)
(83%), less often - in the oce, car (17%). At the same time, the person
is detained in the room, the search of which was authorized by the court.
Under such conditions, the investigator has the right to search a person
following the provisions of Part 5 of Art. 236 of the Criminal Procedure Code
of Ukraine. However, in practice, problems arise when a person is detained
in a room or property owned by another person whose search warrant has
not been obtained, or when the person is in a publicly accessible place.
Given the lack of regulation of such situations, the investigator may
conduct a search, applying the provisions of Part 3 of Art. 233 of the Criminal
Procedure Code of Ukraine, on the grounds, for example, direct prosecution
of a person suspected of committing a crime. However, immediately after
such actions are taken in accordance with the same norm, the prosecutor
or investigator, in agreement with the prosecutor, is obliged to apply to the
investigating judge for a search. Otherwise, the evidence established as a
result of such a search will be inadmissible.
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The defense counsel’s request to participate in the investigative (search)
action must be mandatory for the investigator. A person whose home is
searched, regardless of whether he or she is in the procedural status of
a suspect or a witness, demands that he or she be entitled to protection.
The absence of a report on the investigative (search) action should be
considered as a signicant violation of the right to defense (Milova, 1998).
If previously the right to legal assistance during a search at the stage of pre-
trial investigation could be used only by a suspect, now it can be counted on
by other persons whose interests are aected by this investigative (search)
action, including the homeowner. The investigator or the prosecutor has no
right to prohibit the participants of the search to use the legal assistance of
a lawyer or representative. Thus, the investigator, the prosecutor is obliged
to allow such a lawyer or representative to be searched at any stage of its
conduct (Part 3 of Article 236 of the Criminal Procedure Code of Ukraine)
(CRIMINAL PROCEDURE CODE OF UKRAINE, 2012).
When the investigation is carried out «in hot pursuit», the search is
carried out immediately. The time of the search should be chosen so that it
provides the easiest access to the searched premises, territory, corresponds
to the period of the most probable location of relevant persons and objects
at the search site, creates favorable conditions for search, and complicates
counteraction by interested persons.
A search usually begins with an overview of the object being searched.
For example, when investigating the illicit tracking of a weapon during a
search of the search site, its features, the most probable places of storage,
processing, and manufacture of weapons are identied, and suspicious areas
are identied that require particularly careful investigation. The behavior
of the searched persons should be taken into account when determining
possible places of shelter. If the investigator has information about the
location of weapons, ammunition, explosives or explosive devices, obtained
as a result of operational and investigative measures, it is better to inspect
the place at the end of the search (Zvarygin, 2013).
It is advisable to search the room clockwise or counterclockwise so
that the survey is thorough and carried out from object to object, from one
room to another. The search should begin with non-residential premises:
basements, barns, attics, etc., and then proceed to the search of residential
premises. The whole room is subject to careful inspection, because, for
example, weapons are often stored in various hiding places, which can be
a variety of household items. In each case, it is necessary to focus on the
nature of the situation and the place of the search.
When searching the area, which may be a homestead, yard, garden, or
other areas, you must rst pay attention to the existing structures (cellar,
barn, well, etc.), and then to objects such as haystacks, stacks of rewood,
tree hollows, etc. During a search of outbuildings, bullet casings, bullet
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marks in walls and boards may be found in the yard, which may indicate
the use of weapons by the suspects. In this case, even if the weapon is not
found during the search, the bullet casings are found, the bullets must
be removed, so in the future they can be used to identify the weapon, to
conrm the version of criminal intent.
If during the search the found weapon is investigated in a certain way.
Yes, S.V. Denisyuk and V.Yu. They whisper that it is necessary to indicate
the type, type of weapon, system, brand, number, size, quantity, brand of
the manufacturer. The investigator should only indicate the data he sees on
the weapon. When describing the weapon, the caliber is also indicated in
the protocol (Denisyuk and Shepytko, 1999).
During the search of the oce premises, the workplace of the searched
person is rst inspected. The hidden caches, weapons, and ammunition
must be photographed or videotaped, as well as a layout of the hiding places
or places of storage of weapons. If during the search there was an attempt
to destroy or hide weapons, ammunition, this must be noted in the report.
In some cases, research is quite eective.
It should be noted that, despite the eectiveness of the search in
identifying evidence, it is often supercial: the entire area to be searched is
not investigated, no attention is paid to the detection and seizure of other
items relevant to criminal proceedings. The search reports do not fully
describe the detected instruments of the crime, weapons and other material
media, do not specify in detail the location of the evidence, and so on.
In addition to a search of a person’s home or other property, according
to the law, another type of search can be distinguished - search of a person
(Part 3 of Article 208, Part 5 of Article 236 of the Criminal Procedure Code
of Ukraine). However, its normative regulation in the Criminal Procedure
Code of Ukraine is not fully regulated. Therefore, it is quite dicult to
conclude on the grounds and procedure for this procedural action, which
leads to diculties in law enforcement. In particular, as L.D. Udalova, the
question of the possibility of conducting a search of a person remains open,
if he was not detained or is not in the home or other property in which
the search is conducted (Udalova, 2013). No less relevant are these issues
regarding the investigation of crimes under Art. 2631 of the Criminal code
of Ukraine. Currently, the law provides for only two cases for conducting a
search of a person (during a search of a home or other property of a person
or during the detention of a person in accordance with Part 3 of Article 208
of the Criminal Procedure Code of Ukraine).
In addition to the general recommendations on the objects of search set
out above in the investigation of the criminal oenses under investigation,
the focus should also be on nding such material evidence that the suspect
has links with other members of the criminal group. Some things can be in
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a certain room, and be on the person. Therefore, a search of the premises
must be combined with a personal search, in accordance with the general
procedural rules.
Objects found during a search must be handled with great care, as
ngerprints of the suspect and the victim may appear on their surfaces.
Therefore, it is necessary to take them in hand so as not to destroy possible
traces. This is especially true of items found not in the suspect’s home, but
in common areas, non-residential and utility rooms and buildings, in the
backyard, as he may declare that he has nothing to do with them. Detection
of ngerprints of the suspect on the specied objects will help to expose his
lie, and ngerprints of the victim - their belonging to the suspect.
In situations of a crime against the public safety by a group of persons,
simultaneous searches, the so-called group search, become important. As
members of criminal groups usually maintain close ties, they immediately
inform each other about the events that are taking place in order to be able
to coordinate their actions promptly, to take measures to hide the stolen and
other traces of the crime. The preparation and conduct of a group search is
a rather complex tactical operation that requires careful determination of
the composition of the members of the investigative task forces and their
careful instruction. It should also provide for the simultaneous initiation
of searches of dierent persons and well-established communication
between groups for the prompt exchange of information on its progress and
results. Sometimes the results of a search conducted by one group are very
important for another (Shvydky, 2006). The results of the study of criminal
proceedings of the studied category show that the tactical operation «group
search» is rarely used by investigators, although the circumstances of
the criminal proceedings showed the expediency of conducting a group
interrogation.
When investigating crimes against public safety, a personal search is
conducted both during a search of a person`s home or other property (Article
236 of the Criminal Procedure Code of Ukraine) and during the detention of
a suspect (Part 3 of Article 208 of the Criminal Procedure Code of Ukraine).
Personal search facilitates the prompt receipt of the necessary factual data
about the crime, which allows in the future to organize substantive work
with the suspect. During the personal search, the suspect’s clothes, hat,
shoes, wearables, and, if necessary, the body of the searched person must
be examined. Subjects that are in the person are also subject to inspection:
bags, briefcases, bags, etc. It should be borne in mind that some household
items can be adapted for weapons. If the weapon is not found, attention is
paid to places where it could be stored: pockets, near the belt. It is there
that traces of grease, metal microparticles, gunpowder, etc. can be found
(Ishchenko, 2010).
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Tactical and procedural features of the search in the investigation of crimes against public security
Conclusions
We conclude that the procedural procedure for submitting, considering
and resolving requests for a search, as well as the actual procedure for
conducting a search, has features related to the restriction of the rights
and legitimate interests of the person. The factual grounds of the search
determined a set of sucient data, the authenticity of which was duly
veried and substantiated, that the instrument of the crime, property
obtained as a result of its commission, objects and documents relevant to
establishing the circumstances of the crime are in housing, other property,
person or any person.
The objects of searches in this category of criminal proceedings are
households, warehouses, oces, outbuildings, cars, individuals. Searches
of searches in this category of criminal proceedings are not only private
houses, apartments, dormitories, oces, outbuildings, cars and persons,
but also places of predominant leisure time for suspects and other persons,
homesteads, utility rooms, basements, attics, garages, etc.
The tactical features of the search in the investigation of crimes against
public safety are determined by: a preliminary inspection of the territory; a
ban on attending phone calls; a warning about the use of technical means
of xation. The search makes it possible to identify: the perpetrators
themselves, documents, including forged ones, diagrams, draft records,
vehicles, camouage, personal organizers, credit cards, other things, and
objects that indicate the circle of accomplices and their connections, etc.
The use of the relevant generalized knowledge described in this scientic
article during the search during the investigation of crimes against public
safety will contribute to the achievement of the tasks of the criminal
process, the exercise of their powers by authorized entities during the pre-
trial investigation.
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