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39CRIMINALISTIC STRATEGY FOR FIGHT AGAINST CRIME AS AN ELEMENT OF
CRIMINALISTIC TECHNOLOGY
Komisarchuk R.
Candidate of Legal Sciences, Associate Professor, Associate Professor at the Department of Law, Faculty of
Management and Law, Vinnytsia National Agrarian University, Vinnytsia
Abstract
The article identifies a separate element of the doctrine of criminalistic technology - a criminalistic strategy, on the basis of which it is possible to develop a set of scientifically based practical recommendations of improving the efficiency of providing forensic activity based on the technological paradigm.
Indeed, the methodological crisis of modern criminalistic science can be solved bymoving to a new paradigm that can explain the emerging problems and determine the ways to solve them.
Accordingly, we need a thought-activity epistemology to solve problems that arise in criminalistic activity, as the doctrine of criminalistic knowledge, and its methodology - criminalistic technology, as the practice of cognition and the form of rationality of this knowledge in the fight against crime.
Keywords: general theory of forensic science, theory of forensic technology, technological paradigm, crim-inalistic policy, criminalistic strategy, strategy approach to crime prevention.
Statement of the problem. Criminalistic activity of law enforcement agencies is carried out in the form of application, observance, execution and use of the law by them for the fight against crime. But for the effective implementation of their tasks, a certain system is necessary, a kind of set of means, rules, principles, techniques, appoarches and methods, mechanisms that are combined in one system education. Criminalistic technology should become such a systemic formation, which has developed in the process of accumulating forensic knowledge, forensic tools and their increasing use in the practice of combating crime [1, pp. 47-51].
From these positions, the main thing in criminal-istic technology is what is directly in demand and used by practice, that is, criminalistic knowledge, methods, techniques and tools. Based on the essence of the general definition of technology, its sphere should include both the use and the formation of scientific and technological knowledge. At the same time,it should be not only about their development, but also about ensuring their implementation in the practice of law enforcement agencies.
Theoretical criminalistic knowledge should not be considered as a basis, but as a means, providing further solutions of applied problems in practice. Indeed, crim-inalistic knowledge ensures the development and improvement of the criminalistic arsenal of means of combating crime. Only under this condition of subject and technological orientation, criminalistic science can become a source of effective changes in the practice of detecting, investigating and preventing crimes. This requires a technological solution of practical forensic problems that arise in daily criminalistic activities. Therefore, criminalistics knowledge through methods, techniques and means currently acquires the status of fundamental knowledge, the direct use of which can purposefully change the content of practical activities for the detection, investigation and prevention of crimes.
Certain means, rules, methods and techniques for the implementation of criminalistic activities of law enforcement agencies are studied within the framework of
branch procedural science - criminal process, however, it only covers the jurisdictional way of carrying out law enforcement activities. In addition, within the framework of criminal procedural science, only those instrumental components of the technology of the application of law are concentrated, incl. courts, which are norma-tively regulated by law and this significantly limits the technological tools of criminal procedural search and cognitive activities of law enforcement bodies.
Criminalistic technology includes the knowledge of how andwith the help of which forensic tools should be carried out to combat crime, and their adaptation to specific life circumstances and conditions, how specifically should be carried out forensic activities of law enforcement agencies to identify, investigate and prevent crimes, as well as produces a set of special scientific and technological knowledge about the creation and implementation of means of combating crime in practice, which becomes an object of research within the framework of the science of criminalistics science and can serve as a basis for the development of new knowledge by criminalistics science.
However, it should be noted that the data of sciences used in criminalistics technology are not used directly, but only after their transformation into specific technological knowledge, on the basis of which it is possible to to accurately determinewhich specificcrim-inalisticand technological means should be used in real criminal procedural search and cognitive activities of law enforcement bodies in order to achieve the desired result. The entirety of such kind of knowledge and the technical, tactical, methodological, strategic, political means, means of criminalistics security is the content of criminalistic technology [2, pp. 99-103]. Therefore, due to its specificity, criminalistic technology is a kind of cognitive practice that adapts the data of other sciences for its own purposes to fight against crime.
In our opinion, with the help of the concept of criminalistic technology it is possible to bring together fragmented and separate scientific and practical concepts devoted to certain issues of law enforcement activities, including the concepts of criminalistic strategy,
criminalistic policy, and criminalistic security [1, pp. 47-51].
The relevance of the research topic is confirmed by the degree of non-disclosure of the topic. Why do we turn to the concept of "criminalisticstrategy"?
Criminalistic strategy as an element of forensic technology, is the ability of an educated and trained subject of criminalistic activity, equipped with modern tools and means for fighting against crime (both technical, tactical and methodological, etc.) to form new approaches to their use in the technology ofcombating crime, through the interaction of all forces to achieve the criminalistic-political goal [3, pp. 40-44]., which is expressed in coordination, tactics, operational measures, criminalistic thinking, forecasting, etc., that is, it includes the full range of organizational, managerial and political aspects of criminalistic activities.
Criminalistics includes a strategic image (model) of actions against crime in general and its certain forms - this is the concept of criminalistic technology, designed for the long term. After all, strategy is the process of managing forensic information in forensic activities (data; information; cognition, and so on).
We understand modern criminalistic activity as a technology that forms forensic tools, thus providing the subject area of the fight against crime.It is precisely because of this active nature of the internal aspect that forensic technology is not just a collection of various structural elements, but a self-developing system. This feature of forensic technology allows us to define it as an autonomous system, which, moving along its own dynamics through internal changes, immanently develops on its own basis - on criminalistic knowledge. Accordingly, this dualistic nature of forensic technology has a decisive influence on its internal content, which is reflected in its object and subject. Thus, if in its scientific (cognitive) aspect criminalistic technology is a science aimed clarifying the essence of the phenomena of the surrounding worldthat fall within its sphere of influence, describing their structure, describing their functions, explaining the causes and mechanism of their origin and further development, in its practical (applied) aspect, it is aimed at the orderly, systematic application of scientific knowledge in the real criminal procedural activities of law enforcement bodies in the fight against crime. Accordingly, such dualism affects the nature of the impact of forensic technology on the object. Thus, on the one hand, it affects the object with the view of its practical transformation for the purposes of criminal procedural activity of law enforcement agencies, and on the other - to its knowledge for further improvement of criminalistic activity of law enforcement bodies. Therefore, the subject of the influence of criminalistics technology, both in the cognitive and in the transformative sense, is the forensic activity of law enforcement agencies in general, during the implementation of which the law is created and applied. Crimi-nalistic technology acts here as a means of optimizing the transformation of forensic law.
This dualistic nature of forensic technology determines its goals and objectives. On the one hand, the purpose of forensic technology should be the providing law enforcement agencies with forensic tools to combat
crime, and on the other - gaining knowledge about the nature of tools, techniques, methods and rules of creation and their implementation in law enforcement agencies; adapting data from various sciences to fight against crime; development, on this basis, rules of conduct, standard algorithms, and patterns of behavior of subjects of law enforcement agencies to achieve their optimal desired legal result; systematization of law enforcement activities and to develop means of implementation within these templates, developing guidelines, recommendations, methodologies and other external forms of expression of criminalistic expertise in implementation of various types of criminal procedure law enforcement.
The specificity of the object of forensic technology is manifested in the fact that the goal, from an epis-temological point of view, is to study the practice of applying forensic technology tools in specific legal situations to identify, investigate and prevent crimes in terms of its effectiveness and improvement that based on new knowledge.
Thus, modern criminology has as its subject forensic knowledge, which is formed through knowledge of the investigative aspect of criminal procedural search and cognitive activity of law enforcement agencies, as a specific logical and methodological procedure -crim-inalistic technology of combating crime.
Due to this property, criminalistics technology has the right to be called a self-sufficient, "autonomous" system, the essence of which is the unity and interaction of knowledge and cognitive, which transforms and regulates the influence of the subject on social relationsthat are subject to transformation, which are formed about the formation and implementation of forensic means of combating crime. In criminalistics technology the development and adaptation of knowledge of various sciences for a specific purpose is materialized - the creation and use of technical, tactical, methodological, strategic, political tools to develop on this basis algorithms of behavior of subjects of search and cognitive activity in order to obtain effective forensic tools to combat crime.
So, criminalistic technology is a system of scientific knowledge about the optimal interaction of legal and criminalistic tools reflected incriminalistic policy, security, strategy, technique, tactics, methods used in forensic activities of law enforcement agencies to combat crime.
If at the stage of registration of criminology it acted as "criminal technique", "the art of investigation", then at the present stage scientists include in its composition along with technology the widest possible instrumental set of theoretical, philosophical, tactical, psychological, methodological, strategic, political, logical and other elements, which are less related only to crim-inalistic activities,as it was during the birth of criminal-istics. Such a significant expansion of the scope of Criminalistics content is due to the growing interest of scientists in the study of problems of criminal procedural activities of law enforcement bodies, which is manifested in the in-depth development of general theory and methodology of criminology, object and subject of criminalistic science, its subject composition,
content, forms, types. On this basis, in criminalistics, as a science, the focus should be on creating an orderly system of knowledge, tools, methods, techniques of criminal proceedings of law enforcement bodies to achieve legal goals and objectives in specific legal situations when performing legally significant actions in the fight against crime.
The most obvious result of this process is the quantitative increase of structural elements of criminology, which objectively creates the need for their effective systemic use, without which in the face of complicated social relations the subjects of evidence will not be able to properly pursue their interests, determine and implement their legal purpose in the fight against crime.
A direct consequence of this process of logical development of criminalistics technology is a scientific interest in criminalistic technolizationas an education that can consolidate on a systematic basis disparate knowledge into "criminalistic" - about the means, rules, techniques, methods, methods of effective forensic activity of law enforcement agencies.
As we see, criminalistic strategy is one of the main elements and sources of criminalistictechnology.
Research status. German criminologists were thefirstin the study of criminalistic strategy and its recognition as an independent section (element, part) of criminology [4, pp. 67-77].
Considering criminalistic strategy as an independent field of forensic activity, German forensic scientists discuss its relationship with "criminal policy", "crime control strategies", forensic tactics, etc., however, this knowledge is poorly implemented in post-Soviet foren-sics and is not studied by it.
One of the first Soviet criminologists who defined the "Criminalistic Strategy" in the structure of criminology was E.B. Polish [5, pp. 18-21]. The main idea of the scientist was to replace such a part of criminalis-ticscience as " criminalisticmethodology" with "criminalistic strategy" in order to clarify the system of forensic science, moving to the latter certain sections of forensic tactics (the doctrine of versions and planning, interaction of criminal investigators, scientific organization of the investigator) [6, pp. 23-24].
The solution to these problems, according to A.V. Dulov is possible through the formation of the section "Investigation Strategy" in the criminalistic system. Noting the connection of this section with the organization of the investigation and all that "characterizes the activities of the investigation", A.V. Dulov included such elements as: identifying the investigator's allies and the basis of interaction with him; studying general models and methods of investigating criminal cases; studying general recommendations for organizing the investigation process; studying counteraction processes and ways to prevent and eliminate them [7, p. 28].
M.P. Yablokov and A.Yu. Golovin came to the conclusion that the content of the criminalistic strategy, disclosed in the textbook edited by A.V. Dulova, is not clearly thought out [8, pp. 80]. In turn, M.P. Yablokov considered the concept of "criminalistic strategy" as an element of specific, group methods of investigation [9].
Zorin G.A. also highlightsthe concept of "criminalistic strategy", by which he understands "the distribution of priorities while checking versions and defining the boundaries of the stages within which the tactics of operations and individual investigative actions are planned"; "Formation of a system of goals, objectives and their distribution in accordance with one or another stage of the investigation"; "The art of leading the process of criminal investigation in general" [10, pp. 21]. In his opinion, "The strategy combines separate investigative actions, separate methods into a single structure" [10, pp. 37]. Zorin G.A. considers "strategy" and "tactics" as paired categories for the investigation of crimes.
Belkin R.S., having studied the content of forensic strategy A.V. Dulova and G.A. Zorina came to the conclusion that "it has no general criminalistic significance, it is eclectic in content, and the sphere of its practical use it is only one of the stages of the process of detection and investigation of crimes. In fact, this is an updated version of the forensic doctrine of investigation planning ... What is called a criminalistic strategy, in fact, is just a modern idea of the organization and planning of the investigation - it should be a major part of the forensic doctrine of investigation planning and may even have be reflected in the new title of this doctrine "[11, pp. 80].
Filippov A.G. reasonably notes that the elements that are proposed by Russian researchers for inclusion in the forensic strategy are related to the organizational aspects of crime investigation andshould be included in an independent part of the criminalistics system called "Organization of detection and investigation of crimes"[12, pp. 132-133].
Baev O.Ya. and M.O. Baev are convinced that strategic problems should be studied in depth in crimi-nalistics [13, pp. 18], but they study these problems in the so-called "strategy of criminal justice"[14, pp. 3035], highlighting "strategy in criminal justice" and "strategy of individual professional participants"[13, pp. 12-13]. Accordingly, the strategy of all criminal proceedings is understood by them as "planning its implementation, means of protecting the rights and legitimate interests of persons and organizations affected by crimes, as well as protecting the individual from illegal and unfounded accusation, conviction, ensuring his rights and freedoms in the context of criminal proceedings"^, pp. 13], whereas "the activity of any professional participant in criminal proceedings within the framework of the said strategy of criminal proceedings is predetermined by his procedural function in it, the purpose of its activity in criminal proceedings as a social and legal institution of the state in the procedural conditions established by it. In fact, it is the Criminal Procedure function that is the basis of the strategy of activity (and the activity itself as such) of a professional-its bearer" [14, pp. 14].
According to O.Ya. Baeva and MO Baev, in most works that examine the problems of strategies of individual participants in criminal proceedings, "really strategic problems, if not usually so often, are replaced by the study of otherproblems, especially tactics and methods of their activities depending on the stages and
stages of the criminal process and the type of crime investigated in it "[13, pp. 15]. "Strategy" Above "these problems, occupies a higher hierarchical place in the activities of any person who deals with it" [13, pp. 16]. According to these researchers, they have not had a final opinion on the problem of placingcriminalistic strategy in the general system of forensics [13, pp. 16].
In relation to this study, the approach of Professor createsa particular interest A.A. Exarchopulo [15, pp. 108-112], who talks about the allocation of a "promising model" "Forensic strategy" (as the fifth section of forensics).
The scientist identifies in the section "Theoretical foundations of criminalistics" structural element "Organizational foundations of the fight against crime", in the section "criminalistic tactics" - "Investigative version", "criminalistic analysis of information about the crime", "Tactics based on scientific organization of labor", "Interaction of the investigator with other services in conducting investigative actions", "Planning of investigative actions", etc. It should be noted that all the above elements are of a technological nature. Moreover, the author refers to the issue of interaction and planning only tactic without taking into account their implementation in criminalistic methodology. The issues of overcoming and neutralizing opposition to the investigation are also limited bycriminalistic tactics. However, it is impossible to solve the entire complex of problems that arise when countering an investigation with tactical recommendations alone. Contrary to the above, A. A. Exarchopulo repeatedly emphasized on " the connection of organizational issues of applying forensic recommendations of a technical, tactical and methodological nature" [15, pp. 101].
In part five "Forensic Strategy" the author includes a section "Management and organizational support of strategic measures to combat crime (bodies, powers, coordination, international relations, etc.)", which includes the following sections: "Organization and management of investigative, operational and other activities in the field of crime control (problems of specialization of investigative activities, etc.) "; "Regional features of the organization and coordination of interaction of investigative units with other services to combat crime"; "Management of investigative activities in the region. Management decisions: preparation and adoption "; "Organization of law enforcement services to prevent crime" [15, pp. 108-112].
Thus, AA The Exarchopulo unites different levels of organization of crime investigation. The fifth part, in addition to organizational issues that have a forensic focus, includes sections that are mainly managerial in nature, which goes beyond the subject of criminalistics study. Offering such a variant of improving the system ofcriminalistics, the author, however, admits that the organization of criminal investigations "could well be framed in an independent structural element of crimi-nalistics on the rights of division" [15, pp. 101]. "For the system of domesticcriminalistics, such proposals should really be classified as innovations, and not without reason" [15, pp. 100].
The idea of the objective existence of strategy in criminalistics and the study of its provisions in an independent section called "Forensic strategy" is not new. It was expressed by A.V. Dulov [16, pp. 27]. , G. A. Zorin [17, pp. 4-6], and other scientists. A. Ya. Baev and M. A. Baev joined this scientific discussion, supporting the idea of "separating the doctrine of criminal justice strategy". At the same time, the authors rightly note that "not all scientists not only disagree with the need to separate criminalistics strategy into a separate section of this science, but, moreover, with the correctness of the use of this concept in criminalistics in its given meaning"[13, pp. 10].
Thus, Professor R. S. Belkin legitimately argued that the strategy does not have a general criminalistic content, but is "an updated version of the forensic doctrine of investigation planning using some modern terminology of system-structural analysis, theory of reflection and some other areas" [11, pp. 80].
In terms of content, the above section accumulates most of the issues that are organizational in nature. Professor A.G. Filippov also drew attention tocircum-stance, noting that "the criminalistics strategy largely coincides with the content of the organization of crimeinvestigation" [18, pp. 37]. And this is logical, because any effective activity has its own organization. It may not be planned and then its impact on results is not so great. Aconscious, purposeful organization is significantly reflected in the qualitative and quantitative indicators of crime investigation.
Thus, a structural and content analysis of existing approaches to the formation of the criminalistics system allows us to come to the conclusion that justifying various options for systematizing criminalistics, scientists are trying to find the best option for structuring both science and academic discipline. Numerous arguments expressed in this regard indicate the objective need to reform the system of criminalistics as a whole and its individual parts [19].
The disordered general structure of criminalistics inevitably leads to unresolved important, individual issues. Only this can explain that now there is a discussion among criminalists about the relationship between the teachings on the criminalistic version and the planning of the investigation, about the place in criminalistic of such individual theories and teachings as criminalistics situations, criminalistic operations, criminal-istic combinations, overcoming the opposition to the investigation of crimes and others.
Back in 1994, V.A. Obraztsov noted that criminalistics science "came close to a state characteristic of changing scientific paradigms" [20, pp. 5]. About paradigms in criminalistics spoke R.S.Belkin [11, pp. 32], A.E.Gughok [21, pp. 71-74], B.ft Korma [22, pp. 5056], V.A. Obraztsov [23, pp. 25-30], E.E. Centers [24, pp. 79-98] and many others. However, in fact, so far no change in scientific paradigms in criminology has taken place.
According to A.F. Lubina, "the theoretical and methodological backwardness of criminology does not allow to reach the current level of scientific criminal technology" [25, pp. 16]. We agree with this position,
but with clarification - "at the level of scientific forensic technology"!
In such conditions, criminologists are obliged to form criminalistics knowledge not on cumulativeism, but to move to practically oriented areas of knowledge, responding to changes in practice - turning it into "technology", for the development and formation of which, as part of legal technology, must move to broad discussions on the main issues of this science: new methods of investigation and formation of a general theory (paradigm), which requires forensic scientists to change their "criminalistic worldview" and " criminalistic thinking".
The new doctrine of criminalistic technology, which we propose as a paradigm, generated from a broad context formed by culture, philosophy, social, political, economic, etc. circumstances of the relevant historical epoch [26, pp. 42]. Because the doctrine of forensic technology is formed on the basis of different paradigms (anthropological, humanitarian, natural, technical, technological, etc.), which determines its polystructural / multiparadigm.
Thus, the question about what is the nature of criminology has long remained and continues to be one of the most controversial in the theory of domestic criminology [27, pp. 126].
In our opinion, criminology has a complex technological profile and by its nature serves as a conductor of relevant knowledge in law enforcement and is a basic science for all criminal law sciences.
Therefore, the nature of criminology is technological, which determines its system, which consists of the following elements:
1) General part:
- Eistemological foundations of forensic technol-
°gy;
- Technological bases of forensic technology.
2) Special part:
- Forensic ideology;
- Forensic policy;
- Forensic strategy;
- Forensic technique;
- Forensic tactics;
- Forensic methodology;
- Forensic monitoring;
- Forensic security.
So,the purpose and objective of the article is to raise the question of the possibility of developing the concept of a forensic strategy as one of the means, as an element of the technology for combating crime (forensic technology) with its subsequent definition as a science, academic discipline, practice.
An essential element of criminalistic technology (hereinafter - CT) is criminalistic strategy (hereinafter - COP) or crime detection, investigation and prevention strategy, which is a kind of legal strategy in general.
Theoretical development of the problem of strategy is reflected in various fields of knowledge, including legal science. In the literature there are many works of foreign and domestic lawyers, philosophers, sociologists, economists and other experts in certain aspects of strategy as the most important tool for managing society.
Problems of legal strategy, as well as forensic strategy have not been studied by domestic scientists, the emphasis was mainly on long-term planning of development and improvement of legislation and law-making strategy [28; 29 pp. 51-58].
We believe that the main conceptual issues of forensic strategy should be determined through its elements that make up its content.
Thus, the content of forensic strategy should include: issues of long-term planning and forecasting, conceptual and long-term problems of crime prevention practice, as well as scientifically grounded principles.
In our opinion, forensic strategy, as a type of legal strategy should include: issues of long-term planning, forecasting, diagnostics, design of law enforcement agencies to combat crime, as well as the prevention of crimes; principles on which the technology of fight against crime is based; conceptual and long-term problems of its development related to the achievement of its main ultimate goals and objectives.
Consider the main components of this strategy.
A successful preventive strategy is impossible without predicting conflict behavior in the fight against
crime, as well as the elements of the analyzed technology.
On this basis, in our opinion, the objects of forensic forecasting should be all the basic elements of forensic technology (subjects and objects, subject, participants in technology, specific search, investigative, operational, expert, preventive actions and operations, purpose, objectives and the result of forensic activities, means and methods of its implementation, etc.) and the crimes, methods and mechanism of their commission, concealment, etc.
In this case, the main, central object of forecasting areactually potential crimes (the fact of their occurrence and possible ways to achieve a normal state, trends in social relations, including the likelihood of crime as a result of the development of certain social relations under certain conditions under certain factors , the possible course of development of the legal conflict, the state of the conflict in the implementation of preventive measures, the possible consequences and results of conflicting legal activities both in the current trends and as a result of precautionary measures, etc.).
In view of the above, in our opinion, it should be noted that forecasting is an important stage of forensic strategy for detecting, investigating and preventing crimes and it should be developed within criminalistics forecasting, which examines the future state and trends of legal (state, legal system, etc.) and other social objects.
As for the issues of predicting legal conflict, they received a comprehensive general theoretical study due to the fundamental work of T.V. Khudoykina [30, pp. 274-312]. The author also developed a detailed scientific and methodological tools for legal conflict forecasting, proposed a general technology for predicting legal conflict.
Under the forecast of the legal conflict TV Khudoykina understands the establishment of a forecast (conclusion) of the probable occurrence of a conflicting legal relationship and confrontation based on a
special scientific study, which includes possible ways to achieve a normal state [30, pp. 279-280].
Research in the field of legal forecasting and conflict forecasting, including legal, has been conducted by other scholars [31, pp. 353].
In the literature there are two types of forecasting, which are two successive stages of forecasting - experimental and regulatory [30, pp. 277]. They are also called exploratory and normative forecasting [32, pp. 358].
Research (search) forecasting is the identification of prospects for the development of social relations based on the analysis of existing trends. The ultimate goal of such forecasting is to identify the fact of possible confrontation while maintaining existing trends. Regulatory (normative) forecasting is "forecasting on the contrary": it consists in forecasting possible ways to achieve the desired state of public relations in the legal sphere based on pre-established goals, norms, ideals.
Legal conflict forecasting must first include research (search) forecasting, and then, based on the latter, regulatory (regulatory) forecasting.
Forecasting is based on developed mathematical and statistical tools, information technology, scientifically developed and substantiated methods: diagnosis, extrapolation, analysis of causal relationships, expert methods, modeling, experiment, etc.
In the practice of forecasting legal conflicts, it is important not only to create scientifically sound forecasts, but also to turn these forecasts into a source of new information that can be used in practical preventive activities. However, to turn the forecast into a source of such information, it must be subjected to a special study, which includes a procedure for comparing different options, choosing the best option, checking the results, adjusting the forecast, etc.
Prediction of legal conflicts is closely linked and interacted with conflict monitoring, the objectives of which are effective analysis of various legal and social conflicts, making a fairly accurate diagnosis, making predictions of the most likely options and forms of their development, developing effective measures to influence on the process of their prevention, passage and solution [33, pp. 5-6; 34, pp. 69-81].
This type of research allows you to quickly assess the nature and direction of the processes taking place and changes in the legal field, to take adequate regulatory preventive decisions and measures, to predict and model the development of the analyzed object. Thus, during the period of validity of the new code of criminal procedure, a group of its developers conducted appropriate monitoring, which led to numerous amendments to the code, which helped prevent the emergence and development of various legal conflicts.
Of course, as we gain legal experience in the field of legal conflict prevention, including in the field of their forecasting, it will be possible to talk about the practice of preventing legal conflicts, and, consequently, the practice of forecasting and monitoring the latter [35, pp. 98-104].
As the next component of the forensic strategy of detection, investigation and prevention of crimes, we propose to consider the design of prevention activities
in general, as well as elements of the studied technology in particular.
Designing preventive activities as an element of preventive strategy is a kind of social design.
In the literature, social design is understood as one of the components of purposeful activity associated with the development of various options for solving new social problems, and, in contrast to planning, allows for a variety of solutions based on available intellectual, material and other resources [36, pp. 32].
The connection between the design of preventive activities and the forecasting of crimes is that the latter does not include all elements of design, because, determining the future state of public relations in the legal field and possible ways to prevent potential crimes, it does not set itself the task of their implementation.
Legal forecasting only prepares the basis on which, using design, you can make certain plans to resolve social and legal contradictions and confrontations.
To design preventive activity means to define on the basis of the corresponding forecasts variants and schemes of use of the general, special legal and technical means, future preventive actions and operations, ways and methods of their realization, etc., considering conditions which are necessary for their introduction in legal practice.
The design of such actions is closely connected with the preparation of draft law enforcement and law-making acts in the field of crime prevention and others. Thus, in connection with the significant weakening of preventive work, the lack of its regulatory, organizational and resource provision and, as a consequence, the intensification of the criminogenic situation and the growth of crime in the country as a whole, scientists and law enforcement bodies have prepared laws in the field of prevention and crime prevention as the most acute forms of legal conflicts [37, pp. 38-48].
The result of the design is a project, a preliminary "decision" made by the subjects at this stage, which includes the purpose and objectives, possible options for preventive actions and operations, timing, means and main stages of implementation of the planned actions. It is intended to reflect the future desired state of public relations, which arises as a result of certain actions and operations to prevent crime, in the presence of certain financial, labor, intellectual, heuristic and other resources.
The design is based on scientifically developed and substantiated methods: analogies, associations, matrices of ideas, synectics, etc.
Crime prevention design is a link between crime forecasting and prevention planning in terms of the means to achieve the intended goals.
The next important component of the forensic strategy of detection, investigation and prevention of crimes is the long-term (strategic) planning of preventive activities, which, unlike its design, is always strictly designed for a certain period of time.
It consists in the development of the most optimal version of the draft plan (program) of crime prevention, which (plan) would include specific goals, preventive measures, responsible executors, deadlines, means,
methods, techniques, resources, etc. In contrast to crime prevention programs, crime prevention programs should include, in our view, the achievement of such goals as the improvement of law-making, information-analytical activities, the full and consistent application of a new law or a new legal norm, and so on. Strategic planning of crime prevention should be associated with planning the economic, social, political, cultural development of society and the state [38].
The peculiarity of strategic (sometimes in the literature it is called long-term) [36, pp. 138] planning is to compile the desired picture of the state of legal relations in the long run and the development of ways and means to achieve this state. There is a position in the literature according to which long-term and strategic planning do not coincide in the scope of concepts and differ in the interpretation of the future [39, pp. 50-51]. However, given the specifics of planning as a stage of crime prevention strategy, we propose to use the concepts of "strategic planning" and "long-term planning" as equivalent.
One of the main categories of planning is the concept of "information array", which is presented as a system of scientifically defined parameters, factors that comprehensively characterize the object of planning. Among the many sources of creating an "information array" - materials of sociological research, interviews, analysis of periodicals, statistics, etc. Crime prevention planning should be based on scientifically grounded methods. Among the methods of planning are normative, analytical, method of options, complex, problem-based, social experiment, modeling, multifactor analysis, game theory and others.
Planning of preventive activity is possible at different levels: at the level of the state as a whole, at the level of the region, at the level of communal, territorial formations, at the level of organizations and enterprises regardless of ownership, etc.
Central to the prevention strategy are scientifically grounded principles. The word "principle" translated from Latin (principium) literally means the basis, the guiding idea, the starting point of any phenomenon (doctrine, organization, activity, etc.). Any principles determine the general direction of influence in a particular sphere of life [40, pp. 5].
Therefore, under the principles of forensic technology, we propose to understand the original regulatory guidelines (imperative requirements), which determine the general direction and content of this technology in solving specific socio-legal problems.
All principles of positive law should be taken into account and applied in preventive activities: initial principles that reflect the nature of individual legal institutions; interinstitutional regulations; principles of branches and subbranches of law; intersectoral and general principles of law for each national legal system; principles of international law and generally accepted principles of law, as well as general scientific principles: clarity, validity, effectiveness, reliability, economy, timeliness, professionalism, etc.
In our opinion, special attention should be paid to the principles of legality, democracy, social justice and
humanism, legal equality, differentiation and individualization, publicity, professionalism, competence, scientific validity, unity and responsibility, continuity of preventive activities, etc.
Crime prevention should be carried out in strict accordance with the law, the competence of the subjects and participants of technology, the separation of powers between the state, regions and territorial entities. Measures to influence high-risk groups and individuals may be applied only if there is sufficient data to determine, in accordance with the law, the grounds for preventive influence on such persons.
Democratic principles of crime prevention are manifested in broad participation in prevention activities of both public and religious associations and the population as a whole, in the inclusion in the system of preventive activities of measures to develop a solidary position of public opinion, in the legislature and local government, as well as the meeting of citizens to monitor preventive activities by obtaining information about its appropriate assessment and making demands to improve preventive activities and eliminate violations.
At the same time, despite of the fact that by virtue of the principle of democracy laws must express the will and interests of the vast majority of society, rule-making in modern Ukraine sometimes shows the opposite, often not warning but provoking additional legal conflicts.
The principle of humanism in legal regulation is expressed in the fact that man, his rights and freedoms are recognized as the highest social value in society and the state (Article 3 of the Constitution) [41]. In the light of this principle, crime prevention activities are particularly clear, which should serve as a reliable means of protecting life, health, honor and dignity of people. "There is nothing more specific that would prevent conflicts and would not be associated with the establishment of the principles of humanism and the democratic foundations of normal human coexistence." Further development of the content of the principle of humanism in the studied technology should be manifested, in our opinion, in strengthening the protection of victims of crimes and other offenses, in setting real objectives for the correction of convicts, in better selection of objects of legal protection and others.
The essence of the principle of publicity is expressed, on the one hand, in the fact that the preventive activities of the competent authorities should be open and accessible to citizens, on the other - that all govern-mentbodies, local governments and officials are obliged to provide citizens (their teams and organizations) at the request of the latter complete and accurate information about their activities, except for data, the issuance of which is prohibited by law (Article 129 of the Constitutions) [41].
Complexity in crime prevention activities is manifested in the program-targeted approach, comprehensive analysis and forecasting of the situation and the use on this basis of measures of economic, managerial, political, educational, legal and other nature. Complexity also involves the coordination of the subjects and participants of technology, the development of standard
models of preventive technology, in order to ensure the interaction of efforts of all its subjects and participants.
Scientific validity as a principle of technology involves ensuring compliance with the objectives and means of preventive activities of the social situation and its trends, as well as the basic values of society, the existing opportunities for staffing, resources and the level of legal regulation; the state order for scientific developments in the field of crime prevention, carried out on the basis of the forecast of development of a situation and the account of needs of practice; creation of organizational base for experimental verification of scientific developments and their support in the process of implementation; creation of a modern information base that provides monitoring of the situation, its forecast in comparison with the state of preventive activities; the use of modern methods for assessing the effectiveness of prevention technology based on the identification of correlations and substantive links between decisions taken and implemented for the prevention of crime and changes in their quantitative and qualitative characteristics.
Conclusions. It should be noted that the principles of law enshrined in the Constitution and current legislation, on which forensic technology is based, are currently mostly declarative in nature, as there are no economic, political, organizational, legal and other guarantees for their implementation. Preventive activity must be based on the real possibilities of its implementation, otherwise its declarative nature will contribute to the growth of social tensions and destructive legal conflicts. The crime prevention strategy should be an organic part of the entire policy in society: both the state and the policy of various non-state structures and civil society institutions.
Only then it is possible to form a forensic strategy, which through knowledge, ability of a certified and trained subject of forensic activity, equipped with modern tools and means of combating crime (both technical, tactical and methodological, etc.) will allow to introduce new approaches to their use, in the appropriate technology to combat crime, the interaction of all forces to achieve criminalistics policy, which is expressed in coordination, tactics, operational measures, criminalistic thinking, forecasting, etc., ie, includes the full range of organizational, managerial and political aspects of forensic activities.
Hence,criminalistic technology includes a strategic image (model) of action against crime in general and its specific forms - this is the concept of criminal-istic technology, designed for the long term. After all, strategy is a process of management of the criminalistic information in criminalistic activity.
Such a concept will contribute to a deeper and more comprehensive study of the entire set of technological provisions, ensuring the integration and differentiation of criminalistics knowledge, as well as a systematic, comprehensive study of interrelated and interdependent scientific knowledge aimed at improving the effectiveness of criminalistics activities for thecrime detection, investigation and prevention.
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