Tactical features of documenting the activities of organized criminal groups at the stage of pre-trial investigation

Abstract

The methodological framework of the article is based on general scientific and special methods of cognition. Analysis and synthesis were employed to clarify the content of documenting organized criminal groups; the systemic-structural method was used to examine their hierarchical structure; the formal-legal method was applied to interpret the provisions of criminal procedural legislation; and the generalization of the practice of operational units in cases involving crimes committed by organized formations, in particular robberies under martial law, was also utilized. Results. It is substantiated that documenting organized criminal groups should be regarded as a long-term analytical and tactical process aimed at the gradual exposure of the group’s structure, establishment of its stability, hierarchy, and governing center. The expediency of applying the principle “from the periphery to the center” is proven, with a gradual transition from documenting the actions of perpetrators to proving the role of the organizer. It is determined that the subject of proof covers not only individual episodes of criminal activity but also the systematic nature of unlawful conduct, prior conspiracy, and the distribution of functions among participants. The importance of secrecy, legality, and proactiveness in operational-search measures is emphasized. It is established that the effectiveness of documentation depends on the systematic interaction between operational officers, the investigator, and the procedural supervisor, coordinated planning of investigative (search) actions and covert investigative (search) actions, as well as timely information exchange. Particular attention is paid to the digitalization of crime, manifested in the use of encrypted messengers, electronic payment systems, and social networks, which necessitates the modernization of documentation tools. Conclusions. It is concluded that proper documentation of organized criminal groups ensures the correct legal qualification of accomplices’ actions and the differentiation of criminal liability. The key task is to identify the organizer as the central figure in managing criminal activity. Improving effectiveness is possible through strategic planning, enhancement of the material and technical support of operational units, and updating criminal procedural and operational-search legislation in view of contemporary challenges.