Organizational, Legal and Psychological Foundations of Interaction between the Investigator and the Prosecutor during the Investigation of Corruption Criminal Offenses

Abstract

Abstract. The article is devoted to the study of the organizational, legal and psychological foundations of the interaction between the investigator and the prosecutor during the investigation of corruption criminal offenses. In the context of this study, the features of the interaction between the investigator and the prosecutor are considered both during the investigation of criminal offenses in general and during the investigation of corruption criminal offenses in particular in the context of ensuring the effectiveness of such an investigation and in the context of the tasks of criminal proceedings. The purpose of the scientific article is to establish the essence of the organizational, legal and psychological foundations of the interaction between the investigator and the prosecutor during the investigation of corruption criminal offenses. Given the specifics of the subject and the purpose of the research, the methodological tools are represented by a system of general scientific methods (deduction, analogy, analysis, synthesis, etc.) and special methods (comparative legal, formal-logical, system-structural, functional, system analysis method, etc.) to ensure a comprehensive study of the subject of research and the formation of author's conclusions on this basis. The article reveals the issues of legislative regulation of the interaction of the investigator with the prosecutor during the investigation of criminal proceedings. It is found that the concept of "interaction" does not have a clear definition in the criminal procedural legislation of Ukraine, however, this interaction is indirectly regulated by the provisions of the Criminal Procedure Code of Ukraine, which regulate the legal status, powers and duties of the investigator and the prosecutor. At the same time, effective interaction between the investigator and the prosecutor during the pre-trial investigation of criminal offenses (including corruption offenses) is possible if a number of conditions are met, such as compliance with the above legislative provisions and the rational use of the entire arsenal of relevant means provided for by the criminal procedural legislation of Ukraine. It is stated that the interaction between the investigator and the prosecutor during the investigation of corruption criminal offenses is a rather complex process, which includes organizational, tactical, procedural and psychological components. The most common forms of interaction between the investigator and the prosecutor during the investigation of this category of criminal offenses are highlighted. Various scientific approaches to the interaction between the investigator and the prosecutor are studied from the point of view of criminal procedural law, forensics, and legal psychology, as well as their reflection in the practice of pre-trial investigation of corruption criminal offenses. The relevance of the study corresponds to the lack of scientific development of the outlined issues and the need for further scientific research. The scientific novelty of the article lies in the analysis of the legislative regulation of the interaction between the investigator and the prosecutor during the pre-trial investigation of corruption criminal offenses with the outline of the organizational, legal and psychological aspects of such interaction.

 

Keywords: investigator; prosecutor; interaction; legal regulation; pre-trial investigation; corruption criminal offenses; criminal proceedings.

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Author Biography

Valentyn SHMITKO

Postgraduate Student of the Department of Criminology and Forensic Medicine
of the National Academy of Internal Affairs

Kyiv, Ukraine

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Published
2025-02-20
Section
Articles