Typical investigative situations in the initial phase of a war-related sexual violence investigation

A comparative analysis of scientific provisions regarding the phasing of the pretrial investigation process and the content of the concept of “investigative situation” has been conducted. The essence and meaning of the specified scientific abstraction has been revealed. Investigative situations a...

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Main Author: O. O. Naumkin
Format: Article
Language:Ukrainian
Published: Kharkiv National University of Internal Affairs 2024-03-01
Series:Bulletin of Kharkiv National University of Internal Affairs
Subjects:
Online Access:https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/719
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author O. O. Naumkin
author_facet O. O. Naumkin
author_sort O. O. Naumkin
collection DOAJ
description A comparative analysis of scientific provisions regarding the phasing of the pretrial investigation process and the content of the concept of “investigative situation” has been conducted. The essence and meaning of the specified scientific abstraction has been revealed. Investigative situations at the initial stage of investigation of sexual violence committed in wartime are typified by the information component depending on the determinism of the social relationship between the rapist and the victim at the time of the criminal intent, which correlates with the forensic qualification of these crimes. These include: 1) criminal proceedings have been initiated against a specific person who has committed a crime, provided for in Art. 153 of the Criminal Code of Ukraine (in 76 % of the summarized materials of criminal proceedings); 2) criminal proceedings have been opened for the fact of sexual violence, as the perpetrator has not been identified (in 24 % of cases). A number of tasks that need to be solved by the pre-trial investigation body in order to obtain sufficient grounds for making a reasonable procedural decision determining the proper limits of the investigation have been identified. Algorithms of corresponding actions have been developed, which are reflected in a procedural form through the prism of the intellectual activity of an official, in particular, an inspection of the scene of the incident, questioning of the victim or witnesses, taking biological samples of a person, appointing forensic experts, taking measures to ensure criminal proceedings in the form of temporary access to things and documents for the purpose of extracting photo or video material in digital form, using OSINT technologies to identify the rapist through social networks Instagram, Facebook, VK, etc., conducting covert investigative (search) actions and operational-search activities in order to establish the location the suspect, etc.
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spelling doaj-art-ac7bb28e2add4d878231a9263fd6ac312025-02-02T22:19:50ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2024-03-011041 (Part 1)20121410.32631/v.2024.1.17719Typical investigative situations in the initial phase of a war-related sexual violence investigationO. O. Naumkin0Kharkiv National University of Internal AffairsA comparative analysis of scientific provisions regarding the phasing of the pretrial investigation process and the content of the concept of “investigative situation” has been conducted. The essence and meaning of the specified scientific abstraction has been revealed. Investigative situations at the initial stage of investigation of sexual violence committed in wartime are typified by the information component depending on the determinism of the social relationship between the rapist and the victim at the time of the criminal intent, which correlates with the forensic qualification of these crimes. These include: 1) criminal proceedings have been initiated against a specific person who has committed a crime, provided for in Art. 153 of the Criminal Code of Ukraine (in 76 % of the summarized materials of criminal proceedings); 2) criminal proceedings have been opened for the fact of sexual violence, as the perpetrator has not been identified (in 24 % of cases). A number of tasks that need to be solved by the pre-trial investigation body in order to obtain sufficient grounds for making a reasonable procedural decision determining the proper limits of the investigation have been identified. Algorithms of corresponding actions have been developed, which are reflected in a procedural form through the prism of the intellectual activity of an official, in particular, an inspection of the scene of the incident, questioning of the victim or witnesses, taking biological samples of a person, appointing forensic experts, taking measures to ensure criminal proceedings in the form of temporary access to things and documents for the purpose of extracting photo or video material in digital form, using OSINT technologies to identify the rapist through social networks Instagram, Facebook, VK, etc., conducting covert investigative (search) actions and operational-search activities in order to establish the location the suspect, etc.https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/719sexual violencewarmartial lawstage of investigationtypical investigative situationcriminal proceedingspre-trial investigation.
spellingShingle O. O. Naumkin
Typical investigative situations in the initial phase of a war-related sexual violence investigation
Bulletin of Kharkiv National University of Internal Affairs
sexual violence
war
martial law
stage of investigation
typical investigative situation
criminal proceedings
pre-trial investigation.
title Typical investigative situations in the initial phase of a war-related sexual violence investigation
title_full Typical investigative situations in the initial phase of a war-related sexual violence investigation
title_fullStr Typical investigative situations in the initial phase of a war-related sexual violence investigation
title_full_unstemmed Typical investigative situations in the initial phase of a war-related sexual violence investigation
title_short Typical investigative situations in the initial phase of a war-related sexual violence investigation
title_sort typical investigative situations in the initial phase of a war related sexual violence investigation
topic sexual violence
war
martial law
stage of investigation
typical investigative situation
criminal proceedings
pre-trial investigation.
url https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/719
work_keys_str_mv AT oonaumkin typicalinvestigativesituationsintheinitialphaseofawarrelatedsexualviolenceinvestigation