СИТУАЦИОННЫЙ ПОДХОД И ЕГО ЗНАЧЕНИЕ В ФОРМИРОВАНИИ МЕТОДИКИ СУДЕБНОГО СЛЕДСТВИЯ ПО ДЕЛАМ ОБ УБИЙСТВАХ
Обосновывается точка зрения о необходимости и практической значимости использования ситуационного подхода при формировании криминалистической методики судебного следствия по делам об убийствах. Предпринята попытка определения ситуации судебного следствия по делам об убийствах и их классификации по криминалистическим и уголовнопроцессуальным основаниям. ; Criminalistics characteristic of judicial investigation on murder cases is a system of criminalistically significant typical data of the most optimal adversary criminal procedure activity of accusation or defence in forming judicial situations. The development of a new notion of a judicial investigation situation and its classification is considered to be extremely significant for the development of methods of investigation on murder cases. This knowledge is important not only for a public prosecutor who must develop tactics of public prosecution support with a glance at the present situation of the investigation but also for a judge himself who must develop his own activity with a glance at investigatory situations and decide on the case on this very basis. Efficiency of public prosecution mostly depends not only on the knowledge of criminalistics characteristic of crime but also on the knowledge of typical situations and other methodological elements of public prosecution support. Having studied the information from the materials of a criminal case and possessing the knowledge of typical judicial situations in judicial procedure it will be easier for a public prosecutor and for a judge to resolve the matter of their competence. Judicial situations on murder cases, as it can be regarded, are based on situations of preliminary investigations. There are elements of a psychological type, informational type, procedural and tactical type, material and logistical type singled out in the content of a judicial situation. Psychological characteristics of subjects of criminal procedure have an influence on judicial investigation situations. Elements of the informational type can be expressed with the help of available evidence, contained in the materials of a criminal case and with the help of additional evidence received ad litem. Rules of criminal procedure legislation can refer to procedural elements. Tactical elements are specifics of tactics of a public prosecutor to adduce evidence and specifics of tactics to conduct investigative actions ad litem. Elements of material and logistical types include material conditions of judicial review of the case. Significance of judicial investigation situations on murder cases is the following: they are the basis for making tactful decisions during judicial investigation. If a public prosecutor is aware of the situations formed during the preliminary investigation s/he will be able to predict possible judicial situations and prepare variants for their solution beforehand. In connection with this in the article there is an attempt to define the notion of a judicial investigation situation on murder cases, its structure, to particularize classification bases and on this basis to formulate a system of classification of judicial investigation situations on murder cases on the basis of the analysis of different viewpoints in criminalistics literature.