Modern understanding of criminalistic tactics: concepts, features, subject and tasks

Abstract

The article is devoted to the study of the problems of modern understanding of criminalistic tactics, its subject and tasks. The scientific approaches to the studied concepts of «criminalistic tactics» was analyzed. The definition of criminalistic tactics is offered, its essential features are singled out. It ’ s substantiated that often in the special and educational literature scientists limit themselves to considering the general provisions of criminalistic tactics and coverage of tactics of separate investigative (search) actions, that is to say problems of investigative tactics, which does not really reflect the full content and structure of this section. It is proved that criminalistic tactics should study the tactics of all participants in criminal proceedings and therefore should be distinguished and investigated the following sub-branches of criminalistic tactics: investigative tactics, judicial tactics, investigative tactics, prosecutorial tactics, professional defense tactics, criminal tactics, etc. In addition, the definite essence of the concept of criminalistic tactics should take into account, on the one hand, the line of conduct of the subjects of criminal proceedings, which carry out pre-trial investigation, trial and defense (investigator, detective, prosecutor, lawyer, court (judge), etc.), whose activities are aimed at collecting, recording, seizing and examining evidence, and on the other hand − the behavior of participants in criminal proceedings, which are subject to such tactical and criminalistic recommendations and means of criminalistic tactics (suspects, accused, victims, witnesses, official witnesses, etc.) taking into account the possibilities of tactical influence on such persons in order to solve criminalistic and other tasks of criminal proceedings. It`s substantiated that criminalistic tactics should be considered in three aspects: scientific, practical and educational-didactic. It’s seen that the consideration of criminalistic tactics in such three areas is quite reasonable and can be used as a basis for understanding the essence of the concept under study. The modern tendencies of development of criminalistic tactics are analyzed, its modern understanding, a subject and tasks taking into account various kinds and directions of activity for the purpose of the effective decision of problems of criminal proceedings are defined. Scientific approaches and author’s proposes on the decision of researched debatable problems of criminalistic tactics are formulated