CRIMINAL ASSURANCE OF THE INVESTIGATION OF WAR CRIMES: SEPARATE PROBLEMS OF THE SCIENTIFIC AND THEORETICAL BASIS

Abstract

The article, based on the results of studying the latest scientific works on criminalistics, criminal law,
criminal procedure, analyzes the status and identifies the main problems of forming the scientific and theoretical
foundations of criminalistics support for the investigation of war crimes, and outlines the areas for their improvement.
The research methodology consists of general scientific (analysis, synthesis, formal-logical, forecasting) and special
(axiological, logical-semantic, comparative legal, germanevtic) methods. As a scientific novelty, the author defines
the concept of war crimes, which are proposed to be understood as socially dangerous, culpable acts committed
during armed conflicts (international or non-international) which encroach on the order of hostilities established by
international humanitarian law, the interests and safety of persons under its protection, and which entail individual
criminal liability under international criminal law. In addition, the author expresses the understanding of forensic
support for the investigation of war crimes as an integral system of methods, tools, techniques from various areas of
forensics (techniques, tactics and methods) which have activity, regulatory and organizational aspects of expression,
are based on the general theoretical principles of forensics and are aimed at fulfilling the tasks of investigation and
prevention of war crimes. In addition, the author argues that the existing theoretical problems of studying and practical
implementation of forensic support for the investigation of war crimes require intensification of comprehensive research
on this issue, taking into account, in particular, some factors, including pluralism of approaches to the concepts of
forensic support, war crimes, and forensic methodology; unresolved issues of the concept and components of forensic
support for the investigation of war crimes; the need for scientifically based algorithms of investigative (search) actions
and forensic methods of war crimes investigation that are adequate to the needs of modern investigative practice.
The author clarifies the content of the categorical and conceptual apparatus; identifies the factors of correlation of
investigative (search) actions which are implemented in the course of war crimes investigation; substantiates the
priority of influence of objectively existing conditions and threats of martial law and hostilities in Ukraine on the
process of formation of the forensic methodology for investigation of war crimes. It is proved that the main indicator
of the effectiveness of forensic support for the investigation of war crimes is the realization of the ability to fulfill the
tasks of the investigation to the best of the ability. The derived indicators are outlined. It is stated that promising areas
for improving the scientific and theoretical foundations of forensic support for the investigation of war crimes are the
solution of problems related to: the content, tasks, functions of forensic support for the investigation of war crimes;
forms and means of its implementation; correlation of categories of forensic and forensic support; and study of foreign
experience in the relevant area. The practical significance of the study lies in the possibility of their use in the process
of developing scientific and theoretical, as well as organizational and implementation problems of forensic support for
the investigation of war crimes committed by the Russian Federation in the war against Ukraine.