COLLECTING PHYSICAL EVIDENCE, DOCUMENTS AND OBTAINING SAMPLES FOR CONDUCTING EXAMINATIONS AT THE BEGINNING OF ROAD SAFETY CRIMES INVESTIGATION: PROCEDURAL ASPECTS AND ACTIONS OF THE VICTIM'S REPRESENTATIVE

Abstract

The purpose of the article is devoted to determining the procedural features of collecting physical evidence,
documents and obtaining samples for conducting examinations at the beginning of road accident investigation, as well
as the development of recommendations on participation of the victim's representative in this activity. Methodology.
The methodological tools, chosen in view of the set goal and specifics of the research, is based on a systematic analysis
of legal norms that regulate the issue of starting a pre-trial investigation, collecting and storing evidence, appointment
of expertise, obtaining samples for their conduct, conducting individual investigative actions, as well as practice
implementation of these rules. Scientific novelty. The necessity to improve the criminal procedural legislation of
Ukraine and the legislation of Ukraine on criminal responsibility in the context of raised issue is substantiated, some
changes and additions to the Criminal Procedure Code of Ukraine are proposed. Conclusions. It is stated that the
collection of physical evidence, documents and obtaining samples for conducting examinations at the beginning
of road accident investigation is associated with a number of problems of a procedural and tactical, objective and
subjective nature. For their practical solution, the victim's representative should be in constructive interaction with
the investigator. At the same time, the work of the representative lawyer should organically complement the activity
of the investigator and not have signs of interference in it. Some of the outlined problems can be solved by making
changes and additions to the legislation. The suggestion is made to provide for the right of the investigator during the
inspection of the scene of the incident to select samples necessary for conducting examinations in subsection 237 (7)
of the Criminal Procedure Code of Ukraine. The subsection 245 (2) of the Criminal Procedure Code of Ukraine should
be supplemented with a norm that allows samples taken from the crime scenes, that is carried out de fore entering
the information into the Unified Register of pre-trial investigations, in accordance with the provisions of subsection
214 (3) of the Criminal Procedure Code of Ukraine (without temporary access to things). The subsection 100 (6) of
the Criminal Procedure Code of Ukraine should be supplemented with the following paragraph: “Mechanical vehicles
belonging to the victim, that are physical evidence in criminal proceedings, may be transferred to the safekeeping of
the victim at his motivated request, if this is possible without prejudice to the criminal proceedings. If the request is
granted, the victim is warned in writing about the criminal liability for committing the criminal offense provided for
in Art. 388 of the Criminal Code of Ukraine”.