Content and significance of digital traces of illegal acquisition of the right to land of state or communal property
DOI:
https://doi.org/10.61345/1339-7915.2024.6.4Keywords:
trace picture, digital traces, means of electronic communications, electronic devices, information exchange, electronic document, criminal offense, authorized person, illegal acquisition of law, landAbstract
The article is devoted to the definition of the content and significance of digital traces on the facts of illegal acquisition of the right to land of state or communal property. it is noted that the issues of the trace picture in general and such a variety of them as digital in particular on the facts of illegal acquisition of the right to land of state or communal property were left out of the proper attention of researchers. This makes it difficult/impossible to collect the required number of reflections sufficient for making informed decisions and implementing the tasks of criminal procedural legislation by authorized persons. In addition, attention is focused on the fact that modern research on digital traces can be characterized by the multidimensional nature of the problem with the search for ways to solve it.
The article emphasizes that traces of the exchange of information using messengers can demonstrate the content of correspondence about land plots in relation to which appropriate actions have been taken to obtain the right to them, to determine tasks (instructions) that should be evaluated from the point of view of preparation, direct commission and masking of illegal acts by the relevant participants.
It is argued that the implementation of an illegal plan to illegally acquire the right to land of state or communal property using electronic computing equipment is becoming more widespread, which necessitates due attention to the traces formed as a result of their commission. Accordingly, it is indicated that traces can be found on devices (computers, smartphones, disks, memory cards, etc.) of the offender, witnesses of relevant facts.
The conclusions note that the use of digital by authorized persons in conjunction with material and ideal traces will help minimize the commission of the investigated facts, which will improve the criminal situation in our country, demonstrate the appropriate level of counteraction to the manifestations under consideration, which in the conditions of Russia’s armed aggression against Ukraine is becoming increasingly important and the request of society.
References
Safronov S.O. Methods of investigation of intentional infliction of grave and moderate severity of bodily injuries: scientific-practical. manual. Kharkiv, 2003. 175 p. [in Ukrainian].
Konovalova V.O. Murder: Art of Investigation: Monograph. Kyiv: Fact, 2001. 311 p. [in Ukrainian].
Sheremet A.P. Criminalistics: Textbook. K.: Center for Educational Literature, 2005. 472 p. [in Ukrainian].
Saltevsky M.V. Criminalistics (in modern form): Textbook. – K: Condor, 2005. 588 p.. [in Ukrainian].
Khizhnyak E.S. The concept of virtual traces and their significance in the process of investigating crimes. Actual problems of state and law. 2017. PP. 159-166. [in Ukrainian].
Naydon Ya. The concept and classification of virtual traces of cybercrime. Enterprise, economy and law. 5/2019. P. 304-307. [in Ukrainian].
Avdeeva G.K., Storozhenko S.V. Electronic traces: concepts and types. URL: http://dspace.nlu.edu.ua/bitstream/123456789/13283/1/ (date of application 11.10.2024). [in Ukrainian].
Akhtyrskaya N.M. Actual problems of cybercrime investigation: a textbook. K., 2018. 229 p. [in Ukrainian].
Khizhnyak E.S. The concept of virtual traces and their significance in the process of investigating crimes. Actual problems of state and law. 2017. PP. 159–166. [in Ukrainian].
On electronic documents and electronic document management: Law No. 851-IV. (2003). URL: http://zakon3.rada.gov.ua/laws/show/851-15 (date of application 01.11.2024) [in Ukrainian].
Criminal Procedure Code of Ukraine. The Law of Ukraine “on amendments to certain legislative acts of Ukraine in connection with the adoption of the Criminal Procedure Code of Ukraine.” – H.: Odysseus, 2012. 360 p. [in Ukrainian].
Burgay O. Carriers of material evidence. Law and business. 2020. URL: https://zib.com.ua/graphics/logotype_zib_small_ua.gif. (date of appeal 01.11.2024) [in Ukrainian].
Pletenets V.M. Theoretical and praxeological principles of overcoming opposition to pre-trial investigation: monograph/ V.M. Pletenets. Odessa: Publishing House “Helvetica,” 2020. 424 p. [in Ukrainian].
About electronic communications. Law of Ukraine of December 16, 2020 No. 1089-IX URL: https://zakon.rada.gov.ua/laws/show/1089-20#Text [in Ukrainian].
Pletenets V. M. Traces picture as an element of forensic characteristics of deliberately false reports about the threat to the safety of citizens, destruction or damage to property. Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs of Ukraine. 2008. №4(40). 2008. P. 342–349 [in Ukrainian].
Criminalistics (course of lectures): textbook/ M.Yu. Budzievsky, O.V. Luskatov, I.V. Pyrig, V.M. Pletenets, K.A. Chaplinsky, Yu.A. Chaplinskaya. – D: Dnipro. state. Un-t internal affairs, 2013. 397 p. [in Ukrainian].
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