Forensic classification of criminal offenses against the foundations of national security of Ukraine: theoretical approaches and criteria
DOI:
https://doi.org/10.5281/zenodo.20674460Keywords:
forensic analysis, collaboration activities, information threats, judicial practice, legal qualification, mechanism of criminal activity, national security, foundations of national security.Abstract
Modern transformations of the security environment, driven by military, informational, and digital challenges, necessitate a reconsideration of approaches to the systematization of criminal offenses in the field of state security. The increasing complexity of criminal activity mechanisms, the emergence of new forms of interaction with the aggressor state, and the active use of the digital environment require the development of forensic analytical tools capable of ensuring effective investigation and evidence gathering.The purpose of the study is to substantiate and develop a forensic approach to the classification of criminal offenses against the foundations of national security of Ukraine, taking into account changes in legislation, law enforcement practice, and the nature of criminal activity. Achieving this objective involved clarifying the essence of forensic classification, distinguishing it from criminal law classification, analyzing the dynamics of offenses, generalizing judicial practice, and developing a system of classification criteria.
The methodological basis of the study includes general scientific and special methods, in particular analysis and synthesis, a systematic approach, comparative legal analysis, the method of generalization of judicial practice, as well as elements of forensic modeling.
The study found that there is a shift from the traditional criminal law model toward a comprehensive criminological classification focused on the mechanisms of criminal activity. Structural changes in the system of offenses have been identified, in particular the dominance of collaborative and informational forms, as well as a trend toward their hybridization. Based on an analysis of judicial practice, a criminological classification of offenses has been developed that takes into account the form of commission, functional orientation, context of commission, and other significant characteristics. A system of classification criteria is substantiated, integrating both traditional and modern approaches, which ensures more accurate identification of offenses and enhances the effectiveness of their investigation.
The conclusions summarize the theoretical and applied foundations of the criminological classification of criminal offenses against the foundations of Ukraine’s national security, demonstrate its distinction from the criminal-legal classification, and substantiate the effectiveness of its application in enhancing the effectiveness of evidence presentation and the development of standard investigative models in the context of a transforming security environment.
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