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Vol. 41, Nº 76 (2023), 469-481
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Features of interaction between
law enforcement agencies during the
investigation of criminal oenses
according to international standards
DOI: https://doi.org/10.46398/cuestpol.4176.27
Kostiantyn Chaplynskyi *
Mykola Yemov **
Viktor Pletenets ***
Diana Harashchuk ****
Irina Demchenko *****
Abstract
The purpose of the research was to highlight the interaction
between law enforcement agencies during the investigation of
crimes in accordance with international standards. It also highlights
the main areas of cooperation between law enforcement agencies
in dierent States during the investigation of criminal oenses. Taking into
account the great public danger of criminal oenses, it is worth noting that
they have long since acquired a transnational character and it is therefore
interesting to pay special attention to the issue of cooperation between the
National Police of Ukraine and various international police organizations in
the investigation of this category of criminal oenses. The methodological
basis of the research is presented as comparative-legal and systematic
analysis, formal-legal method, method of interpretation, hermeneutic
method, as well as methods of analysis and synthesis. Among the main
conclusions, it draws attention to the necessity of the issue of strengthening
cooperation between the operational units of the National Police of Ukraine
engaged in the ght against criminal oenses and international police
bodies engaged in operational and investigative activities, as a condition of
possibility to combat crime in all its manifestations.
* Doctor of science of law, professor, Head of the Department of Criminalistics and Premedical training,
Dnipropetrovs’k State University of Internal Aairs, Dnipro, Ukraine. ORCID ID: https://orcid.
org/0000-0002-9922-3743
** Assistant Professor, Doctor of Science in Law, Assistant Professor at the Department of Criminalistics
and Premedical training, Dnipropetrovs’k State University of Internal Aairs, Dnipro, Ukraine. ORCID
ID: https://orcid.org/0000-0003-3964-798X
*** Assistant Professor, Doctor of Science in Law, Assistant Professor at the Department of Criminalistics
and Premedical training, Dnipropetrovs’k State University of Internal Aairs. Dnipro, Ukraine. ORCID
ID: https://orcid.org/0000-0002-3619-8624
**** Adjunct at the Department of Criminalistics and Premedical training, Dnipropetrovs’k State University
of Internal Aairs, Dnipro, Ukraine. ORCID ID: https://orcid.org/0000-0003-0221-6369
***** Adjunct at the Department of Criminalistics and Premedical training, Dnipropetrovs’k State
University of Internal Aairs, Dnipro, Ukraine. ORCID ID: https://orcid.org/0000-0001-9887-9401
470
Kostiantyn Chaplynskyi, Mykola Yemov, Viktor Pletenets, Diana Harashchuk y Irina Demchenko
Features of interaction between law enforcement agencies during the investigation of criminal
oenses according to international standards
Keywords: international cooperation; criminal oenses; police
investigations; international standards; law enforcement
agencies.
Características de la interacción entre los órganos de
aplicación de la ley durante la investigación de delitos
penales según las normas internacionales
Resumen
El propósito de la investigación fue resaltar la interacción entre los
organismos encargados de hacer cumplir la ley durante la investigación
de delitos, de conformidad con las normas internacionales. Se destacan
además las principales áreas de cooperación entre los organismos
encargados de hacer cumplir la ley en diferentes Estados, durante la
investigación de delitos penales. Teniendo en cuenta el gran peligro público
de los delitos penales, vale la pena señalar que hace tiempo que adquirieron
un carácter transnacional e interesa, por lo tanto, prestar especial atención
a la cuestión de la cooperación entre la Policía Nacional de Ucrania y las
diversas organizaciones internacionales policiales en la investigación de
esta categoría de delitos penales. La base metodológica de la investigación
se presenta como análisis comparativo-legal y sistemático, método formal-
legal, método de interpretación, método hermenéutico, así como métodos
de análisis y síntesis. Entre las principales conclusiones, llama la atención
la necesidad de la cuestión de fortalecer la cooperación entre las unidades
operativas de la Policía Nacional de Ucrania que se ocupan de la lucha contra
los delitos penales y los cuerpos policiales internacionales que realizan
actividades operativas y de investigación, como condición de posibilidad
para combatir el delito en todas sus manifestaciones.
Palabras clave: cooperación internacional; delitos penales;
investigaciones policiales; estándares internacionales;
cuerpos de seguridad.
Introduction
The current state of crimes is characterized by a steady increase in the
number of criminal oenses that belong to the category of latent ones. The
vast majority of these oenses are committed by persistent criminal groups
or “professional” criminals; they are carefully planned and characterized by
a high degree of organization and technical equipment.
471
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Vol. 41 Nº 76 (2023): 469-481
When preparing for practical implementation of a criminal plan,
criminals develop in detail various options for hiding traces of their illegal
encroachments, and during investigation, they look for opportunities
to send the investigation in the wrong direction and provide organized
countermeasures.
It is also important that information about the investigated illegal event
in the vast majority of cases does not lie on the surface; it does not come to
the disposal of law enforcement agencies in a haphazard manner through
previously known channels.
Thus, the practical signicance of the interaction of the investigator
with operative workers is that procedural activities without the use of non-
procedural methods would be impossible, and operational investigative
activities without further use of its results in the criminal process are
pointless (Yemov et al., 2022).
1. Literature review
Many works of domestic and foreign scientists are devoted to the
theoretical and practical issues of interaction between investigative units
of the National Police of Ukraine and law enforcement bodies of other
countries during investigation of criminal oenses.
The mechanism of interaction of the investigator with the bodies that
carry out operational and search activities should be based on the observance
of a system of principles that ensure timely and eective resolution of tasks
set before them.
In our opinion, the following principles are among the fundamental
ones: legality; respect and observance of rights and freedoms of humans
and citizens; humanism; relevance of the results of interaction to the
investigation of a specic criminal act; combination of individual and
collective operation; clear dierentiation of competence of each of the
interacting parties; continuity of interaction throughout the investigation;
interests of the parties in achieving the set goal; timely exchange of
information between subjects of interaction about known circumstances
that may be important for the investigation; non-disclosure by the parties
of operational and search information and investigative information, as
well as taking measures to ensure preservation of such information.
Practice shows that non-compliance with these principles leads to errors,
which can be subdivided into errors of a procedural nature, epistemological
errors (logical and actual ones) and eective (operational) errors (Bielkin,
1988).
472
Kostiantyn Chaplynskyi, Mykola Yemov, Viktor Pletenets, Diana Harashchuk y Irina Demchenko
Features of interaction between law enforcement agencies during the investigation of criminal
oenses according to international standards
While procedural errors are associated with a deviation from
requirements of the current legislation, logical errors are connected with
violations of laws and rules of logic in meaningful processes, incorrect
application of logical techniques and operations, and such errors depend
mainly on the way of thinking of investigative and operative employees as
well as on their actions (Yemov et al., 2021).
In turn, actual errors are related to unreliability and incompleteness
of operational and search data which prior to being applied must be
thoroughly checked and compared with already available materials.
As for eective (operational) errors, they are usually associated with
improper organization and planning of anticipated investigative (search)
and procedural actions, based on results of operational and investigative
activities being an informative component.
However, the analysis of scientic researches has shown that this issue is
rather urgent today and requires more global research. Relevance, practical
signicance, insucient research of the indicated issues led to the choice of
the topic of the article and determined its purpose (Yemov, 2022).
Methodology of the article is a study of interaction during investigation
of criminal oenses by the National Police of Ukraine in cooperation with
law enforcement bodies of other countries
Thus, the article is aimed at studying interaction of law enforcement
bodies during investigation of criminal oenses in accordance with
international standards.
2. Materials and methods
The research is based on the works of foreign and Ukrainian researchers
on methodological approaches of understanding principles of law as a
universal normative framework.
The essence of methodological approaches of understanding universal
human principles of law as a universal normative framework was determined
by the use of the gnoseological method; the conceptual apparatus was
deepened and the essence of concepts of universal human principles of
law as a universal normative framework was dened thanks to the logic-
semantic method.
Constituent elements of methodological approaches to understanding
universal human principles of law as a universal normative framework
were investigated by means of using the system-structural method. The
structural-logical method was used to dene the basic directions for
optimization of methodological approaches to understanding universal
human principles of law as a universal normative framework.
473
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 469-481
3. Results and discussion
As the analysis of investigative practice shows, joint activities of the
investigator and operatives at the initial stage of the investigation are usually
carried out in the absence of complete information about circumstances of
the respective criminal oense committed as well as in limitation of time,
due to the possibility on the part of criminals to hide traces of their illegal
acts, destroy documents and other information carriers.
The specied circumstances determine the search-and-reconnaissance
nature of such activities, their focus on checking actual data possessed by
the investigative bodies and obtaining additional information in order to
eliminate information uncertainty. This involves, in particular, obtaining
information about locations of hidden documents and property acquired
through crime; establishing circumstances characterizing identity of the
suspects and the most important potential witnesses; identication of
persons who have information about the criminal oense and can testify
about it.
Along with this, from the very beginning of a certain investigation, an
extremely important direction for interaction of the mentioned subjects
consists in coordination of their activities aimed at stopping, neutralizing
and eliminating possible attempts of illegal interference of interested
parties, including by means of implementing coercive measures provided
for by law.
As for the next stages of investigation, the main attention of persons,
who carry out operational and investigative activities, is usually focused
on identifying new episodes of illegal activity, establishing the circle of
persons involved in the crime as fully as possible as well as on establishing
connections between them and creating conditions for carrying out and
ensuring eectiveness of investigative (search) actions.
However, during the entire pre-trial investigation, activities performed
by employees empowered to carry out operational and investigative activities
as well as those performed by the investigator should be complementary
in order to avoid unnecessary duplication of work. In contrast, a lack of
proper interaction has a negative impact on the course of the respective
investigation.
The above provides grounds for concluding that the main conditions
ensuring coordinated activity of the named persons include the following:
1) joint planning of investigative (search) and other procedural actions and
operational and investigative measures or coordination of separate plans
available to the investigator and the operational worker in order to ensure
coordination of actions and clear dierentiation of responsibilities in the
process of joint work; 2) mutual and timely exchange of information in the
474
Kostiantyn Chaplynskyi, Mykola Yemov, Viktor Pletenets, Diana Harashchuk y Irina Demchenko
Features of interaction between law enforcement agencies during the investigation of criminal
oenses according to international standards
process of developing versions and their verication; 3) joint analysis of the
investigative situation, consisting of data collected during the proceedings,
obtained in the process of carrying out the specied actions and measures,
and, if necessary, further adjustment of the plan (plans); 4) discussion of
decisions on implementation of investigative (search) actions and possible
tactical techniques which are the most appropriate to be used (Halaburda
et al., 2021).
The legal literature has repeatedly stated that investigators are extremely
rarely involved in getting acquainted with materials of operational
developments. As a result, a number of authors consider it expedient to
legislate the right of the investigator to get familiarized with operational
and ocial documents related to investigated criminal proceedings and
presented in the respective proceedings (Villasmil Espinoza et al., 2022).
Since investigation of criminal oenses under review is in the majority of
cases combined with a signicant amount of pre-trial work and the necessity
of simultaneous investigation (search) actions as well as operational
and investigative measures, the prerequisite for an eective pre-trial
investigation consists in timely creation of investigation teams. Timeliness
of their creation depends on two interrelated conditions. The rst condition
is to identify circumstances that indicate the need to create an investigation
team in a timely manner. The second condition is characterized by the
shortest possible periods needed for organization of such teams.
The need to establish an investigation team at the beginning of an
investigative process usually arises in the event of initiating a pre-trial
investigation based on the materials of the prompt verication of information
about persons who are preparing, committing or have committed the crime.
This is due to the fact that even before the start of investigation, the
mentioned materials contain information about persons who committed
the crime, places of possible hiding of documents and objects relevant to the
proceedings, as well as money and other property obtained through criminal
means. As a result, a real opportunity is provided to plan, coordinate and
get prepared for the entire complex of necessary investigative (search)
actions and operational search measures in advance.
Regarding the next stages of the investigation, the need to create an
investigation team most often arises after receiving certain actual data
indicating that the respective criminal oense was committed by a criminal
group (which, for example, is typical for such acts as legalization (laundering)
of funds or other property obtained through criminal means by others
persons or purchased by the person himself/herself, embezzlement using
payment cards, securities, as well as by means of illegally presenting a claim
for reimbursement of value added tax, manufacturing or selling counterfeit
securities and plastic cards, etc.) or after it is established that the suspect
(accused person) committed not one, but several criminal oenses.
475
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 469-481
As for the distribution of responsibilities among members of the
investigation team, it depends on both conditions under which the
investigation is conducted and the situation under investigation. The most
optimal option, as practice shows, is to allocate independent areas of work
to investigators and operative workers. Grounds for the latter’s allocation
may also be dierent, for example, in relation to the verication of the
proposed versions, in relation to specic suspects or business entities or
specic episodes of illegal activities.
The data obtained as a result of operational search activities can be both
indicative and contain forensically signicant information (Leheza et al.,
2022).
Results of operational search activities of a guiding value are quite diverse
in terms of their content. These may be data on methods of preparation,
commission and concealment of a criminal oense; on composition
of the criminal group; objects and documents that can be evidence in
the proceedings; on persons who may be questioned as witnesses; on
relationships and connections of the persons involved in the proceedings;
on the line of conduct chosen by the suspect during the investigation; on
attempts made by criminals to inuence witnesses and accomplices in
order to give false testimony (Matviichuk et al., 2022).
Using targeted operational information, the investigator can:
• predict the most probable places of hiding documents and objects,
which may be important for proceedings, possible attempts of their
destruction or changing places of storage; forecast location of money
and other property obtained by criminal means;
• predict behavior of witnesses and the suspect. In particular,
their possible reaction to the very fact of the start of a pre-trial
investigation can be predicted (for example, to the fact of providing
organized opposition to the investigation), to conducting this or that
investigative action (for example, a search) or to certain questions in
the process of interrogation (Tylchyk et al., 2022).
Taking into account the great public danger of criminal oenses, it is
worth noting that they have long acquired a transnational nature, and it is
worth focusing special attention on the issue of cooperation between the
National Police of Ukraine and international organizations on investigation
of this category of criminal oenses. This fact is conrmed by Yu. Chornous
in his scientic work, the author notes that:
In the context of combating organized interregional crime, special relevance is
acquired by issues of interaction of police units with other units, law enforcement
bodies of Ukraine and international law enforcement bodies, state institutions and
organizations, non-state institutions, enterprises, as well as organizations dealing
in exchange of operational search information (2012: 235).
476
Kostiantyn Chaplynskyi, Mykola Yemov, Viktor Pletenets, Diana Harashchuk y Irina Demchenko
Features of interaction between law enforcement agencies during the investigation of criminal
oenses according to international standards
Moving on to the issue of interaction between the National Police and
international organizations regarding investigation of criminal oenses,
it is worth noting what “interaction” actually means. We fully support the
position of Topchii and Horbachevskyi, who note that it is:
Coordinated, based on the tasks of criminal proceedings, complex (procedural
and operative investigation) actions performed by criminal procedural activity
subjects whose purpose to reveal, investigate and prevent criminal oenses, to
bring to justice guilty persons only on the grounds specied by the norms of criminal
procedural law, and other criminal acts; such actions are carried out at strict
delineation of their competence, within the limits of the given powers, by means of
the most eective combination of measures allowed for them and corresponding
material support while preserving the secret of pre-trial investigation and sources
of condential information (Topchii and Horbachevskyi, 2013: 128).
Having analyzed various opinions of Ukrainian and foreign scientists,
it is possible to formulate an author’s denition concerning interaction
of the National Police of Ukraine with law enforcement bodies of foreign
states, as regards investigation of criminal oenses in the sphere of banking
activity. Therefore, the mentioned type of interaction should be understood
as dened by the current legislation and a clearly planned set of dened
complementary measures, including those of an informational nature,
aimed at identifying persons who have committed the respective criminal
oense in the sphere of banking, as well as gathering information that
will have evidentiary value in the proceedings, while using capabilities of
foreign authorities (and non-governmental structures), law enforcement
bodies and international organizations.
The instruction on organization of activities performed by pre-trial
investigation bodies of the National Police of Ukraine (Law of Ukraine,
2017) denes the following ways of ensuring organized interaction of
investigative units of NPU with other pre-trial investigation bodies of the
NPU in countering criminal oenses in the sphere of banking activity:
• “complex use of the forces and means of all police departments
during pre-trial investigation of criminal oenses in the sphere of
banking activity;
• creation of investigative-operational teams for a comprehensive,
complete and impartial investigation of the circumstances of
criminal proceedings for criminal oenses, such teams should
include employees of operational and other units of the National
Police, and, if necessary, those of
• interdepartmental investigative-operational teams;
• eective control over timely and complete conduct orders given by
investigators to operational units concerning implementation of
clandestine or ocial investigative actions;
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CUESTIONES POLÍTICAS
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• qualitative preparation of materials on problematic issues of the
pre-trial investigation bodies in investigation of criminal oenses
and their discussion by collegiums (at meetings) of the Ministry
of Internal Aairs, the NPU, the Main Directorate of the National
Police, as well as by joint boards and at meetings with other law-
enforcement and state bodies and making concrete and eective
management decisions” (Law of Ukraine, 2017).
In the current Criminal Procedure Code of Ukraine in Section IX
“International cooperation during criminal proceedings” considerable
attention is paid to the problems of international cooperation in combating
crime (Law of Ukraine, 2012). In particular, after analyzing the norms of
this section, it is possible to determine the following main directions of
international interaction: a) Chapter 43 denes provisions of international
legal assistance when conducting procedural actions; b) Chapter 44 denes
the procedure for extradition of persons who have committed a criminal
oense; c) Chapter 45 denes provisions of criminal proceedings in the
order of adoption; d) and Chapter 46 denes the concept of recognition
and execution of judgments of foreign courts and the transfer of convicted
persons (Law of Ukraine, 2012).
Article 542 of the CPC of Ukraine denes the scope of international
cooperation during criminal proceedings: “international cooperation in
criminal proceedings shall be the taking of measures necessary in order
to provide international legal assistance through serving documents,
conducting certain procedural actions, extradition of individuals who have
committed criminal oenses, provisional transfer of persons, taking over
of criminal prosecution, transfer of sentenced persons, and execution of
sentences. An international treaty of Ukraine may provide for other forms
of cooperation in criminal proceedings than those specied in this Code
(Law of Ukraine, 2012).
The Department of International Cooperation and European Integration
of the Ministry of Internal Aairs implements the powers vested in the
Ministry of Internal Aairs regarding creation of state policy on international
cooperation issues, as well as monitoring of implementation of state policy
on international cooperation issues by constituent elements of the Ministry
of Internal Aairs apparatus. Cooperation of crime combating operational
units in relation to morality with investigative bodies of foreign countries
is implemented by the International Police Cooperation Department of the
National Police of Ukraine.
An important problem in overcoming criminal oenses consists
in regulation and maintenance of cooperation relations with various
organizations of an international nature, which do not belong to law
enforcement bodies, but which, as a result of the peculiarities of their work,
may be connected with implementation of law enforcement activities,
478
Kostiantyn Chaplynskyi, Mykola Yemov, Viktor Pletenets, Diana Harashchuk y Irina Demchenko
Features of interaction between law enforcement agencies during the investigation of criminal
oenses according to international standards
including provision of assistance to individuals by means of performing
return of monetary resources and compensation for caused damages.
The issue of cooperation of operational units for protection of the
economy of the National Police in combating criminal oenses in the
banking sector with foreign law enforcement bodies in the sphere of
operational and investigative activities is carried out on the basis of Art.
5-1 of the Law of Ukraine “On Operational-Investigative Activity” (Law of
Ukraine, 1992) and the Section IX of the CPC of Ukraine (Law of Ukraine,
1992). Thus, cooperation is carried out in the following forms:
• exchange of operationally signicant, forensic information and other
data about criminal oenses being prepared or committed, about
persons involved in such oenses and persons who are wanted, as
well as exchange of archival information on the specied issues;
• fulllment of requests and orders concerning clandestine
investigative actions;
• mutual assistance in carrying out clandestine investigative actions,
joint execution of special operations;
• Exchange of experience on issues concerning operational and search
activities, assistance in training, retraining and upgrading of sta
qualications;
• interdepartmental scientic research on the problem of operational
and search activities (Bondar, 2020).
Conclusions
Thus, the study of the problem of cooperation between investigation
units of the National Police of Ukraine and investigation bodies of foreign
countries in the investigation of criminal oenses gives grounds to make
certain conclusions.
The rst conclusion is that combating investigated criminal oenses
requires involvement of a large number of participants in implementation
of specied measures, the list of these participants is established depending
on the specic case, and usually on powers of specied subjects.
The second conclusion is that when combating criminal oenses in
the banking sector at the state level, it is necessary to develop an eective
interaction between the highest legislative body of power and the President
of Ukraine, since it is they who initiate and develop political direction of the
state in the sphere of protecting operation of banking structures by means
of a body of executive power as the body that ensures implementation of the
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CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 469-481
state policy in the specied sphere, and of course by means of the Ministry
of Internal Aairs of Ukraine, the National Police of Ukraine as bodies
controlling undisputed implementation of legislative prescriptions in the
specied sphere.
Thirdly, cooperation of investigation units with investigation bodies
of foreign countries is organized by the Department of International
Cooperation and European Integration of the Ministry of Internal Aairs as
well as by the International Police Cooperation Department of the National
Police of Ukraine.
In the case of the mentioned interaction, mutual exchange of information
resources is carried out regarding criminal oenses in the banking sphere,
as well as assistance in conduct of clandestine investigative (search)
actions, as well as joint scientic research activities. Ukraine is a member
of Interpol and it has concluded an agreement on procedural and strategic
cooperation with Europol, which is the basis for the use of capacities of the
mentioned organizations in the sphere of investigating criminal oenses at
the international level.
In the fourth conclusion, it should be noted that interaction of the
National Police of Ukraine with international organizations takes place at
the global level as well as at the regional level. The best results are manifested
in the process of cooperation between law enforcement bodies of Ukraine
and the Working Apparatus of the Ukrburo of Interpol, the purpose of which
consists in exchange of information resources, establishment of persons,
things and documents recorded in the Interpol databases; assistance in the
international search for criminals; implementation of extradition measures;
implementation of procedural actions at the international level.
These types of cooperation have also criminalistic directions. This
refers to the information component that characterizes investigated
criminal oenses and helps in their disclosure. Similarly persons, objects
and documents registered in the Interpol database are also related to
criminalistics, because here forensic methods of diagnosis and identication
are used, as well as various areas of forensic techniques.
Bibliographic References
BIELKIN, Rafayl Samuylovych. 1988. Forensics: problems, trends, prospects.
From theory to practice. Moscow, Russian Federation.
BONDAR, Serhii. 2020. Interaction of investigative units of the National Police
of Ukraine with law enforcement agencies of other states during the
investigation of crimes in the eld of banking. diss.. for the completion of
sciences. Doctor of Law degree. Sciences. Kyiv, Ukraine.
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Kostiantyn Chaplynskyi, Mykola Yemov, Viktor Pletenets, Diana Harashchuk y Irina Demchenko
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