ОСОБА ПРАВОПОРУШНИКА ЯК ЕЛЕМЕНТ КРИМІНАЛІСТИЧНОЇ ХАРАКТЕРИСТИКИ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ, ПОВ’ЯЗАНИХ IЗ НЕЗАКОННИМ НАБУТТЯМ ПРАВА НА ЗЕМЛЮ ДЕРЖАВНОЇ АБО КОМУНАЛЬНОЇ ВЛАСНОСТІ

Abstract

The article is devoted to the person of the offender as an element of the forensic characteristics of criminal offenses related to the illegal acquisition of the right to land of state or communal property. It is emphasized that different aspects of the study of the person of the offender, to one degree or another, are paid attention in many sciences of legal direction, in particular criminal law, criminology, psychology, sociology, etc. At the same time, in criminology, where the study of the person of the offender is demonstrated and implemented by the formation of the element of the same name, which is part of the forensic characteristics of the methods of investigation of certain types of criminal offenses, this has acquired a separate meaning. Attention is also drawn to the structure of the criminalistic characteristic of the illegal acquisition of the right to land of state or communal property and its component - the personality of the offender, characterized by multidimensionality. It is argued that a comprehensive study of it will contribute to the formation of a portrait of the alleged offender as an integral component of the information model of criminal offenses under consideration, which has as criminal law (legal assessment of the relevant manifestations), criminal procedure (justification and timely decisions), forensic (organization and tactics of conducting individual investigative (search) actions), and another meaning. The conclusions of the article note that the set of features that can characterize a person are as follows: social (social environment, social status, qualification in the relevant knowledge gal (field of activity), occupied position, connections, including with corrupt officials, etc.); moral (system of views, interests, etc.); psychological (thinking, volitional qualities, a sense of caution, etc.), which can be characterized by high intellectual-volitional indicators and others.