Peculiarities of collecting evidence in controlled and non-controlled territories of Ukraine

Abstract

The article examines the collection of evidence in non-controlled and controlled territories of Ukraine, describes the complexity of collecting evidence. The problem of effectiveness and reliability of evidence collected in the occupied territory is considered.

The article highlights important problems of obtaining information, which has a significant impact on the consideration of the case in the future. Deficiencies affecting the effectiveness of the investigation were identified.

The main methods of gathering evidence are studied and the peculiarities of their application in the territories defined as occupied are considered. The problem of gathering evidence in the occupied territories is considered, the complexity of gathering evidence in the occupied territory is described, which includes the danger to the lives of persons collecting evidence, lack of access to documents and places where crimes were committed. Collecting evidence in occupied territories can endanger the health and life of those who carry out this activity, due to the possibility of detecting their presence and possible reaction from enemy forces. Areas may be under the control of militants or terrorist organizations who may use violence against anyone who tries to gather evidence.

The article describes in detail the analysis of the inspection of the scene of the incident as one of the types of investigative (search) action. Examples of strategies that can be used in gathering evidence are given.

Attention is focused on investigative (search) actions that can be used in controlled and non-controlled territories. It was determined by which additional method it is possible to ensure the execution of an investigative experiment, as one of the main types of investigative (research) action in the occupied territory and to prevent the loss of credibility of evidence.