THE USE OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDINGS REGARDING THE THEFT OF ELECTRICAL ENERGY

Abstract

The purpose of the article is to highlight the possibilities and prospects of using specialised knowledge in the
form of forensic expertise during the investigation of cases of electricity theft and to propose directions for improving
the practice of their application. Methodology. The reliability of the obtained results and conclusions, based on the
analysis of recent scientific research on the violation of regulatory requirements for accounting for electricity and
unaccounted consumption of electricity, the generalization of information on the objects of research in forensic
expertise carried out at the National Scientific Center "Institute of Forensic Expertise named after Distinguished
Professor M.S. Bokarius" of the Ministry of Justice of Ukraine, was ensured by the use of a complex of general scientific
and specialized methods, including formal-logical, comparative, and modelling methods. Scientific novelty. The
possibilities and prospects of using specialised knowledge in the form of forensic expertise during investigating cases
of electricity theft are revealed. Directions of research in forensic expertise are singled out for the further formation
of a general criminalistic characteristic of electricity theft, with the specification of methods of criminal offences,
instruments and means of committing criminal offences, typical traces of criminal offences. Conclusions. Separate
structural elements of the forensic characteristics of criminal offenses related to the theft of electrical energy are
analyzed, in particular, the main ones, such as tools and methods of committing a criminal offense, as well as traces
of a criminal offense (in a broad sense). Studying the tools and methods of committing criminal offense, as well as
mechanism of influence on accounting devices, certain physical processes, it is worth emphasizing the need to create
new engineering and technical research methods in forensic science. It is argued that development of detailed forensic
characteristics of electric energy theft and addition of existing methodological recommendations for investigation
of criminal offenses for law enforcement officers will contribute to construction of investigative versions and the
effective conducting investigative (search) actions, rapid investigation of cases of electric energy theft. In the context
of forensic expert provision of evidence base of electric energy theft, provided for in Art. 1881
of the Criminal Code of Ukraine, and determination of the amount of theft for use by pre-trial investigation bodies,
the court of necessary part of Art. 185 of the Criminal Code of Ukraine outlines the grounds on which cases
of unaccounted consumption of electricity are qualified as electricity theft, as well as the general features
of electricity theft with the determination of the methods of criminal and illegal encroachment. In addition,
researches on cases of electrical energy theft in forensic examinations was systematized and structured
in four areas related to incorrect use of equipment parameters; schematic connections; non-mechanical
intervention in operation of accounting devices; intervention in operation of accounting devices
by means of their constructive changes.