METHODOLOGICAL PRINCIPLES OF DEVELOPING METHODICS OF INVESTIGATION OF NEW (NOT SUPPORTED BY PRACTICE) TYPES OF CRIMINAL OFFENSES

Abstract

The article is devoted to the formulation of certain methodological provisions for the development of methods for investigating new criminal offenses. The conceptual question of the possibility and expediency of the development of methods of investigation of new (not supported by practice) types of criminal offenses by criminologists is formulated. It was found that the basis of individual methodics of investigation are the provisions of the "basic" method-ics, essential features of the investigated type of criminal offenses, that are enshrined in the Criminal Code of Ukraine and empirical data. It is emphasized that the provisions of the "basic" methodics are widely covered in the special literature and are sufficiently fitted for the adaptation at the level of individual method-ics, including new types of criminal offenses. It is indicated that in order to build a forensic characterizatics, developers of methodics of investigation of new types of criminal offenses will probably have to carry out criminal law analysis of the relevant novelties of the Criminal Code of Ukraine om their own. The author believes that the role of empirical data in the development of such methodics can be played by information available in open sources about the investigated acts, the practice of investigating related criminal offenses and forefront practices in investigating such new de-licts. In the absence of a proper empirical basis, the criteria for typification of investigative sit-uations may be the information criterion, forms and methods of the offense provided by cor-pus delicti, general (external) conditions of the pre-trial investigation and so on. It has been proven that forensic scientists can and should respond quickly to the emer-gence of new types of criminal offenses and develop appropriate methodics of their investiga-tion. Given the lack of established forensic practice, and hence the usual empirical basis for research, the development of individual methodics of investigation of new types of criminal offenses should be carried out using specific methodological tools that require further devel-opment and coverage in the literature.