Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 76
Enero
Marzo
2023
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión ycon fron ta cióndelasideas y avan ces cien tí fi coscon com pro mi soso cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nilda Marín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 76 (2023), 901-917
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 09/11/22 Aceptado el 24/01/23
Prevention and overcoming of
counteraction to the investigation of
crimes committed against participants in
criminal proceedings
DOI: https://doi.org/10.46398/cuestpol.4176.53
Oleksandr Krykunov *
Viktoriia Kondratishyna **
Oksana Starko ***
Liliana Tserkunyk ****
Yulian Kravets *****
Abstract
The study is devoted to the scientic analysis of the prevention
and overcoming of resistance to the investigation of crimes
committed against participants in the criminal process. It was
concluded that the systematic implementation of scientic
recommendations, which are based on the provisions of criminology,
criminal process and psychology, will help to increase the eectiveness
of activities in the specied area. Arguments are presented in favor of
granting operational units the right to immediately initiate and conduct
visual surveillance of persons who were discovered in the process of secret
investigative actions (search), with the aim of obtaining more information
about their personal data and evidence of their involvement in committing
or preparing a crime against participants in criminal proceedings. The focus
is on the increased eectiveness of victimological prevention and individual
prevention of crimes of the studied category. The appropriateness of the
use of Ukraine, taking into account the national specics of the world’s
best practices to overcome countermeasures and prevent crimes against
*Candidate of legal sciences, Associate Professor, Associate Professor at the Department of Criminal
Procedure and Criminalistics at the Lesya Ukrainka Volyn National University, Ukraine, Lutsk,
Ukraine. ORСID ID: https://orcid.org/0000-0003-4573-8853
** Candidate of legal sciences, Associate Professor, Associate Professor at the Department of Criminal
Procedure and Criminalistics at the Lesya Ukrainka Volyn National University, Ukraine, Lutsk,
Ukraine. ORСID ID: https://orcid.org/0000-0001-6124-8892
*** Candidate of legal sciences, Associate Professor, Associate Professor at the Department of Criminal
Procedure and Criminalistics at the Lesya Ukrainka Volyn National University, Ukraine, Lutsk,
Ukraine. ORСID ID: https://orcid.org/0000-0002-7459-4337
**** Candidate of legal sciences, Associate Professor, Associate Professor at the Department of criminal law
and process at Uzhorod National University, Uzhorod, Ukraine. ORСID ID: https://orcid.org/0000-
0002-6306-2650
***** Graduate student of the Department of Criminal Procedure of National Academy of Internal Aairs,
Kyiv, Ukraine. ORСID ID: https://orcid.org/0009-0002-8203-1101
902
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
participants in criminal proceedings, in particular, the system of early
prevention and security measures, is justied.
Keywords: participants in criminal proceedings; criminological
research; prevention countermeasures; victimization;
security measures.
Prevención y superación de contramedidas a la
investigación de delitos cometidos contra participantes
en procesos penales
Resumen
El estudio está dedicado al análisis cientíco de la prevención y
superación de la resistencia a la investigación de los delitos cometidos
contra los participantes en el proceso penal. Se concluyó que la aplicación
sistemática de recomendaciones cientícas, que se basan en las disposiciones
de la criminología, el proceso penal y la psicología, ayudarán a aumentar la
ecacia de las actividades en el área especicada. Se presentan argumentos
a favor de otorgar a las unidades operativas el derecho a iniciar y realizar
inmediatamente la vigilancia visual de las personas que fueron descubiertas
en el proceso de acciones secretas de investigación (búsqueda), con el
objetivo de obtener más información sobre sus datos personales y pruebas
de su participación en cometer o preparar un delito contra los participantes
en un proceso penal. La atención se centra en la mayor ecacia de la
prevención victimológica y la prevención individual de los delitos de la
categoría estudiada. La conveniencia del uso de Ucrania, teniendo en cuenta
las especicidades nacionales de las mejores prácticas del mundo para
superar las contramedidas y prevenir los delitos contra los participantes
en los procesos penales, en particular, el sistema de prevención temprana y
medidas de seguridad, está justicada.
Palabras clave: participantes en el proceso penal; investigación
criminológica; contramedidas de prevención;
victimización; medidas de seguridad.
Introduction
Participants in criminal proceedings are often physically and
psychologically inuenced in order to change their testimony or refuse to
testify. Also, as practice shows, post-criminal action can also be carried
903
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
out with the aim of stopping assistance with justice, out of revenge, etc.
Therefore, the intentions and behavior of the participants in the criminal
process, created for the purpose of exposing a person in the commission of
a criminal oense, are the cause of illegal inuence on them.
At the same time, the accomplices of the crime themselves, who have the
procedural status of suspects and accused persons, may also nd themselves
in the role of persons who are potentially at risk of post-criminal inuence
in case of their active behavior, which is contrary to the interests of other
accomplices of the crime.
Cases are not excluded when authorized subjects of criminal proceedings
- investigators, prosecutors, the court, as well as those involved in it –
defense lawyers, legal representatives, witnesses – become the objects
of criminal encroachment. It is traditionally believed that threats aimed
at these objects, namely: life, health, property, exert the most eective
psychological inuence on a person, as a result of which he may refuse to
assist justice.
The objects of threat can also be the reputation of a person, the possibility
of career growth, life, health, property of his close relatives, relatives
and close people. One of the means of eective counteraction to criminal
activity, among others, is the timely response of law enforcement agencies
to illegal actions against participants in criminal proceedings (Brusnitsyn,
2002: 40), as well as the prevention of such crimes.
The social danger of crimes against participants in the criminal process
lies, in particular, in the fact that crimes of this category signicantly
undermine the authority of bodies that ensure not only law enforcement
and the judiciary, but also the state in general, generating public distrust
in the ability of state institutions to eectively resist crime. As a result, a
negative assessment of the activities of law enforcement agencies and their
condemnation is born in people’s legal consciousness.
This leads to the development of a system of eective measures to prevent
and overcome opposition to the investigation of crimes committed against
participants in criminal proceedings, possibly as a result of the analysis
and formulation of the main determinants of such criminal oenses. In
our opinion, the concept of preventing and countering the investigation of
crimes against participants in criminal proceedings, based on scientically
based theoretical provisions and conclusions, should determine the
organizational and legal mechanisms for their detection and termination,
oer a set of practical recommendations for the eective prevention of such
illegal acts.
The main participants in the activity of prevention and overcoming of
opposition to the investigation of crimes committed against participants in
criminal proceedings are the authorized subjects of the criminal process,
904
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
state and municipal bodies, public associations and organizations, as well
as citizens.
1. Methodology of the study
The methodological toolkit of research in the chosen direction contains
a number of general scientic and special legal methods, in particular:
dialectical, formal-legal, system-structural, methods of analogy, analysis,
synthesis, classication, statistical, sociological, comparative-legal. The
scientic interpretation of the categories «antidote» and «prevention» was
carried out taking into account the basics of dialectics. The application of the
systemic structural method made it possible to investigate the peculiarities
of preventing and overcoming opposition to the investigation of crimes
committed against participants in criminal proceedings.
The method of classication in combination with the use of the main
cognitive philosophical categories: general and separate, structure and
elements created the prerequisites for the formation of the author’s
approach to the development of levels and methods of prevention and
counteraction of the specied crimes. The use of the formal legal method
became the basis for the formation of practical recommendations aimed at
increasing the eectiveness of the investigation of crimes and preventing
negative eects on the participants of the criminal process.
The application of methods of structural-functional and system analysis
made it possible to describe and explain the theoretical model of the system
of combating crime against participants in criminal proceedings with dened
external and internal, i.e. hierarchical and coordination, connections,
to highlight and determine the main directions of countermeasures. The
detection of the level of eectiveness of the investigation of crimes of this
category, the preventive activity of the authorized entities became possible
thanks to the application of statistical and sociological methods, as well as
empirical data.
The search for ways to improve the prevention and countermeasures
against the investigation of crimes committed against participants in
criminal proceedings with the use of foreign experience was carried out
using the comparative legal method, methods of analogy, analysis and
synthesis.
2. Analysis of recent research
The issue of preventing and overcoming opposition to the investigation
of crimes committed against participants in criminal proceedings has been
905
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
repeatedly considered by Ukrainian and foreign scientists. However, the
achievements of scientists did not cover the solution of modern problems of
prevention and overcoming opposition to the investigation of such crimes,
because in recent years Ukraine has undergone many transformations,
which indirectly aected the eectiveness of prevention and investigation
of crimes committed against participants in criminal proceedings.
In particular, law enforcement bodies were reformed, their system
was restructured, new bodies and subdivisions were created, new
normativelegal acts were adopted, changes were made to existing ones, etc.
The above testies to the relevance of the chosen topic, the necessity and
timeliness of research on issues of prevention and overcoming opposition
to the investigation of crimes committed against participants in criminal
proceedings.
3. Results and discussion
3.1. Counteraction to the investigation of crimes committed
against participants in criminal proceedings and ways to
overcome it
Modern criminal activity is characterized by active opposition both in
the process of pre-trial investigation and in the administration of justice in
general, it is characterized by scale, systematicity and professionalism, it is
a system of techniques, methods and means of preventing the achievement
of the tasks of criminal justice and, in the end, the ght against crime
(Aleksandrenko, 2004: 14-15).
Resistance to the investigation in the doctrine is considered as a peculiar
type of criminal activity aimed at preventing the establishment of the
circumstances of the crime and the guilt of the persons who committed it.
The choice of countermeasures will depend on the cause-and-eect, spatio-
temporal connections between the method of committing and concealing
the crime (Shehavtsov, 2003: 16).
In a generalized form, opposition to the investigation of crimes against
participants in criminal proceedings can be characterized as a set of
intentional illegal and other actions or inaction of the subjects of the crime,
or other persons interested in it, aimed at preventing the establishment of
the circumstances of a criminal oense by the subject of the investigation in
his detection activities, disclosure and investigation of a crime event.
According to the level of complexity, countermeasures can be divided into
simple and complex, which depends on the set of techniques used. Typical
methods of combating single-act crimes include several methods. However,
906
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
organized criminal groups are characterized by complex countermeasures,
which may contain up to 10 techniques, both one-time and long-term.
Since the essence of countermeasures is expressed in obstructing the
investigation (for example, in the inuence of criminals and other persons
on witnesses and victims with the aim of the latter committing actions
«benecial» to criminals, etc.), this phenomenon can be present at all stages
of pre-trial investigation and court proceedings. However, opposition to the
investigation is not always suciently manifested.
The presence of pre-trial investigation bodies in the conditions of
opposition to the investigation and tactical risk determines the need to
make balanced, timely decisions, which must be made from the standpoint
of evaluating the validity of the choice, as well as taking into account the
possible risks and consequences of the decision. At the same time, the
investigative body must skillfully and timely apply both tactical techniques
and their combination, quickly and adequately respond to changes in the
investigative situation.
This, in our opinion, will reduce the number of hasty, unfounded
decisions, and, as a result, will reduce the occurrence of negative
consequences, in particular, such as manifestations of opposition to the
investigation.
Taking into account the typical characteristics of victims of criminal
oenses, it is appropriate to note that these persons are the most vulnerable
objects to their inuence, in the formation and implementation of methods
of countermeasures against the detection and investigation of crimes of the
specied category.
In our opinion, when detecting countermeasures, it is necessary to
strive to determine the main signs that characterize it, separating it from
secondary ones. The diculty of identifying the main signs of resistance is
that it is usually carried out hidden from the outside observer. The subjects
of opposition deliberately mask their activity, preventing its reection in
objective reality in any way.
Since signs of countermeasures can appear with varying degrees
of certainty in dierent situations and under dierent conditions, it is
necessary to determine favorable moments for detecting such signs. The
investigator’s knowledge of the typical methods of the considered types of
resistance by its specic subjects will, rst of all, have cognitive value and
ultimately enrich the arsenal of possibilities for their neutralization.
Typical components of various forms of opposition to the investigation
of criminal oenses against participants in criminal proceedings can be:
various forms of mental and physical violence; bribe; blackmail; destruction
of material evidence and other sources of evidentiary information;
concealment of evidentiary information.
907
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
From a scientic point of view, it is worth paying attention to the typical
behavior of suspects during investigative (search) actions with them.
According to the results of the study of criminal proceedings, it was found
that during the interrogation of suspects or other persons who try to provide
false information, the following are typical: putting forward and defending
a false alibi; giving false or partially true statements during interrogations;
slandering other persons to confuse or delay the investigation; self-talk by
a person who is not guilty or partially guilty, but forced to take all the blame
due to bribery, threats or blackmail; psychological inuence and attempts
at covert intimidation and threats against another interrogate during the
simultaneous interrogation of two or more already interrogated persons;
simulation of diseases, mental disorders in order to avoid punishment;
attempts by interested persons to steal or destroy physical evidence,
materials of criminal proceedings.
Depending on certain situational circumstances, at certain stages of
the pre-trial investigation, other forms of opposition to the investigation
may be applied by interested parties. Actions by relatives or close friends
of the suspect aimed at bribing or blackmailing a participant in criminal
proceedings, an employee of a law enforcement agency, various threats
directly to him or family members can be typical.
Analyzing the typical methods of counteracting the investigation of
crimes against participants in criminal proceedings, it is appropriate to
note that at the current stage of development, forensic tactics are able to
eectively resist forms of countermeasures, which is an objective component
of its overcoming. Its subjective component should be the professional
awareness of the investigator, perfect compliance with the provisions of
the law, ethical and psychological principles, prevention of corruption and
abuse or other violations in ocial activities.
It is quite correct to think that the maximum analysis and specication
of methods of its implementation is most important for the development
of means of tactical overcoming of opposition to the investigation
(Belkin and Averyanova, 1997: 130). And therefore, within the limits of
a complex, unfavorable conict investigation situation, it is advisable for
the investigator to apply an eective functional method of criminology -
diagnostic, to analyze the properties, condition, features, weaknesses
and contradictions of opposing persons, and in the future to use optimal
methods of overcoming opposition.
First of all, it is advisable to apply legal means of persuasion and
warning about criminal liability for illegal acts against justice, provided for
in Articles 384, 385, 386, 387 of the Criminal Code of Ukraine (in the future
– CPC of Ukraine).
908
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
In addition to clarifying the legal consequences regarding the behavior
of specic individuals, the following tactical methods of inuencing
them during interrogations can be no less eective: establishing eective
psychological contact; clarication of the reasons and motives of false
statements; use of positive qualities, emotional tension of the person;
announcement of incriminating statements, expert opinions; use of the
factor of suddenness (Ignatiev, 2004); repeated interrogation with a
limited range of questions, their detailing and clarications, establishment
of contradictions and their deliberate nature (Aleksandrenko, 2004: 8).
If the interrogated person presents an alibi, it will be eective to
conduct an interrogation together. Another investigator or operative will
have the opportunity, under favorable conditions, to quickly leave for the
purpose of questioning the persons referred to by the suspect, inspecting
the area, objects and documents that may contain signs of references in
accordance with the alibi or perform other actions possible under specic
circumstances.
Also, within the scope of activities related to countering the investigation
of crimes against participants in criminal proceedings, operatives in order
to fulll the tasks of criminal proceedings must be able, on legal grounds,
by their own decision, to document such actions and take measures to
establish them by conducting surveillance on them in publicly accessible
places using photography, video recording and special technical means for
surveillance.
To this end, the CPC of Ukraine should dene the right of operational
units to immediately start and conduct visual surveillance of unidentied
(unknown) persons who were discovered in the process of secret investigative
(search) actions, with the aim of further obtaining their personal data and
(or) evidence of their involvement in committing or preparing a crime.
3.2. Prevention of crimes against participants in criminal
proceedings
The criminological analysis of crime problems regarding the participants
in criminal proceedings compared to the analysis of general criminal crime
is somewhat more complicated due to the multifactorial structure of the
determination of these crimes, and the assessment of the real level of such
crimes is complicated by the high level of its latency.
According to some researchers, crimes against participants in criminal
proceedings are characterized by: a relatively dened circle of persons
capable of being the subjects of crimes; the conditioning of crimes by
situational factors manifested in connection with involvement in criminal
procedural activities; specic motivation of criminal behavior; purposeful
selection of victims of assault; high level of latency; negative social
909
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
consequences that go beyond harming individual individuals and beyond
specic criminal proceedings; the possibility of achieving high eciency in
social prevention.
In general, prevention should be understood as an activity that prevents
the commission of criminal oenses, prevents their commission. To prevent
means: «to prevent something from happening in advance, to turn it away»
(New Explanatory Dictionary of the Ukrainian Language, 2001: 89).
Prevention is the activity of the state (in the form of its bodies) and society,
aimed at keeping crime at a minimum level by neutralizing its causes and
conditions, as well as at preventing and stopping specic criminal oenses
(Ivanov and Dzhuzha, 2006).
Crime prevention is a set of various types of activities and measures in
the state, aimed at improving social relations with the aim of eliminating
negative phenomena and processes that generate crime or contribute to it,
as well as preventing the commission of crimes at various stages of criminal
behavior.
General social crime prevention is the eective and legitimate functioning
of all institutions of society and the state, which is not specically aimed
at combating crime, but indirectly aects the factors of its existence and
reproduction, as a result of which the number of criminal oenses is
minimized (Kutz, 2015; Lavrov, 2003: 103; Huzela et al., 2022: 2947).
At rst glance, it may seem that at this level of opposition, its subject
and object coincide, but a more detailed analysis of the situation indicates
only a terminological coincidence of the mentioned phenomena. In reality,
not all of society, but only its legal institutions and socionomic individuals
(law-abiding citizens) participates in combating crime at the specied level
as a subject.
In the aspect of general social resistance to crimes committed against
participants in criminal proceedings, let’s pay attention to foreign experience.
Until now, the international community has developed documents that, as a
whole, determine the standards for national legislation in order to solve the
most important issues of criminal proceedings. Separate acts are devoted
to issues of legal security of the subjects of the criminal process and in this
sense deserve close attention (Martynenko, 2005: 222).
Thus, the Universal Declaration of Human Rights of 1948, as well as
the International Covenant on Civil and Political Rights oblige the member
states of the United Nations to provide eective legal protection from
the court to a person whose rights and freedoms have been violated, in
particular, by means of a search new opportunities and means of judicial
protection, taking into account national specics.
910
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
The Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, adopted by UN General Assembly Resolution 40/34 of
29 November 1985, states that victims of crime, and often their families,
witnesses and others who assist them, are unfairly treated damages,
personal injury or damage to their property.
Its provisions establish the fair treatment of victims of crimes, the
development of justice mechanisms that would be more responsive to the
needs and interests of victims, ensuring their safety, as well as the safety
of families and witnesses of the prosecution, protection from intimidation
and revenge, respect for rights and freedoms, minimizing inconvenience ,
related to participation in the process.
Documents adopted at the World Conference on Organized
Transnational Crime in 1999 recognized the need for strategic measures to
protect law enforcement ocers, witnesses and victims. At the same time,
they especially emphasized that witness protection measures play a main
role in the ght against crime and should become an integral part of state
policies in this area.
Recommendations Rec (2005) of the Committee of Ministers of the
Council of Europe to member states on the protection of witnesses and
persons who cooperate with the justice system propose to establish severe
sanctions for the commission of crimes aimed at intimidation of witnesses.
At the same time, the term «witness» refers not only to a participant
in criminal proceedings who is questioned as a witness, but also to any
person who has information and whose testimony is taken into account
by a judicial body during the prosecution. The term «intimidation» in the
Recommendations is interpreted as any direct, indirect or potential threat
to a witness, which may create an obstacle for him to fulll his civil duty
related to giving evidence (Recommendation REC, 2005: 9).
In turn, the legislators of the United States of America and the developed
democratic countries of Europe realized the need to establish criminal
law and other measures for the protection of witnesses and victims much
earlier than the domestic legislator and, starting from the middle of the last
century, purposefully improved the relevant legislative framework. Many
such legislative provisions can be fully adapted to Ukrainian conditions.
So, general social resistance to crimes against participants in criminal
proceedings is manifested through a system of measures of a political,
ideological, economic, organizational nature, aimed at the development of
the economy, raising the standard of living of citizens, which thereby solve
the task of preventing crimes of this category.
Special criminological crime prevention is closely related to general
social prevention of criminal oenses against participants in criminal
911
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
proceedings, however, unlike general social, it has a direct goal and is
aimed at identifying and eliminating (blocking, neutralizing) determinants
of crime, which is its characteristic feature and the main feature. In contrast
to general social special criminological prevention of crimes, it is a system
of criminological and organizational and legal measures directly aimed
at combating crime, which are mainly carried out by specially authorized
bodies.
A characteristic feature of such a warning is the creation and
implementation of multifaceted programs to prevent its manifestations
at the national, regional, and local levels and the implementation of other
measures specically aimed at this. Along with this, special criminological
prevention includes both the prevention of intended and those that are
being prepared, as well as the termination of initiated criminal oenses.
In addition, as noted by K. Ruban, the main dierence between special
criminological prevention measures and general social ones is that their
action has a tactical rather than a strategic direction (Ruban, 2012).
Thus, the purpose of special criminological measures to prevent crimes
against participants in criminal proceedings is to solve limited tasks, that
is, to overcome the specic reasons and conditions for their commission.
Each of the participants in criminal proceedings is in one way or another
subject to (may be subject to) criminal inuences. On the one hand, this
is due to their personal qualities (gender, age, physical development,
psychological characteristics, etc.).
On the other hand, the involvement of these persons in the sphere of the
criminal process signicantly increases the degree of their victimhood, since
the possession of specic rights and obligations separates the participants
in the criminal proceedings from the circle of ordinary citizens.
An integral component of special criminological measures to prevent
crimes against participants in criminal proceedings is general social
prevention of victimization of subjects involved in criminal proceedings,
which, in our opinion, includes two aspects: 1) analysis and scientic
justication of the reasons for victimization of participants criminal
proceedings, as well as conditions that contribute to their commission; 2)
development on the basis of the conducted analysis of methods and means
aimed at eliminating and ensuring the neutralization of factors contributing
to victim behavior.
Victimological prevention of criminal oenses against participants
in criminal proceedings at the special criminological level is ensured by
actions within the following directions: identication of the causes and
conditions that act as grounds for committing such criminal oenses, if
they are related to the person and behavior of the victims, and elimination
of these causes and conditions or their neutralization; monitoring of
912
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
persons who, due to their personal characteristics or behavior, may become
victims of such crimes, and carrying out work with them aimed at activating
their protective reactions, helping to ensure their personal and property
safety; prevention and termination of specic criminal oenses with the
involvement of the potential victim’s defense capabilities, and the use of the
so-called «from the victim» tactics in the organization of preventive work.
In particular, in Ukraine there is a special normative legal act that
regulates the mentioned issue, the Law of Ukraine «On ensuring the safety
of persons participating in criminal proceedings», which the legislator
includes as security measures: personal protection; protection of housing
and property through re and security alarm equipment; change of
apartment phone numbers and state license plates of vehicles; issuance
of special means of individual protection and notication of danger; use
of technical means of monitoring and listening to telephone and other
conversations.
Visual observation in case of danger to life and health of persons taken
under protection; visual surveillance in the event of a threat of violence
or other illegal acts against persons taken under protection; replacement
of documents and change of appearance; change of place of work or
study; relocation to another place of residence; placement in a pre-school
educational institution or an institution of the social protection bodies of
the population; ensuring the condentiality of personal information; closed
court proceedings (On Ensuring the Safety of Persons Participating in
Criminal Proceedings: Law Of Ukraine, 1993).
In addition, in Part 2 of Art. 7 of the Law indicates the possibility of
applying other security measures, taking into account the nature and
degree of danger to life, health, housing and property of persons taken
under protection, that is, the list of such measures is open.
In this regard, D. Rivman and V. Ustinov emphasized the dependence
of crime prevention on a number of circumstances, for example, the formal
possibility of isolating the actors of a conict situation, the availability of
state bodies: «Forces and means for the timely termination of criminal
developments» (Rivman and Ustinov, 1998: 185). One of the eective
options may be the development of legal grounds for police action to
distance (isolation) the victim and the guilty person, control and response
by the police on the further behavior of the guilty person.
This experience of preventing secondary victimization has been
implemented in a number of foreign countries. For example, in the Federal
Republic of Germany, in the eld of combating violence in the domestic
sphere, the sources of police law of various federal states provide for the
possibility of applying such measures of police inuence as: removal from
the apartment (house) of the person from whom the danger comes; banning
913
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
access to the apartment (house) and banning contact with such a person
(Zemlyakov and Zemlyakova, 2011).
Taking into account the above, we consider it possible to pay attention
to the following areas of prevention of secondary victimization of victims
as participants in criminal proceedings: studying the determinants of
committing crimes related to secondary victimization; elucidation of
the mechanism of victimization in connection with unqualied actions
of investigative bodies; identication of persons who, under certain
conditions, may become victims of crimes; implementation of specic and
well-grounded actions of investigative bodies to ensure the safety of such
persons and minimize the risk of becoming victims of crimes; formation of
professional and ethical standards of behavior of investigative bodies and
responsibility for the results of their powers.
In contrast to special criminology, scientists consider individual
crime prevention as a type of crime prevention against a specic person.
Considering the main characteristics of the person who committed (may
commit) a crime against the participants in the criminal proceedings, the
corrective inuence should be aimed at: the behavior and lifestyle of the
person; personal characteristics of a person, which have criminological
signicance, as they characterize the deformation of his behavior;
criminologically signicant psychophysiological characteristics of a person
(to the extent of his propensity for correction, change, treatment); the
environment as a set of conditions for the unfavorable formation of the
personality and its life activities in everyday life (primarily in the family),
during study, work and leisure, in microsocial groups, including deviant
ones; long-term adverse living conditions that are criminogenic in nature.
Individual warning is provided by such basic methods as persuasion and
enforcement. The method of persuasion includes: interpretation, which is
expressed in the explanation to the person to whom the preventive measure
is applied about the content of the violations and mistakes committed
by him; condemnation of illegal behavior; exerting an inuence on the
consciousness of the person to be prevented in order to form in him the
desire to avoid actions that may provoke the commission of a criminal
oense.
In turn, the method of law enforcement makes it possible to apply
measures of disciplinary or public inuence to the prevented person, and in
some cases – to initiate the issue of bringing such a person to other types of
responsibility provided by law.
The essence of the prevention of criminal oenses against participants
in criminal proceedings at the individual level is to combat criminal
oenses by the eorts of criminal justice bodies exclusively within the
framework of procedural proceedings based on the fact of committing a
914
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
specic oense. At the same time, the criminal justice authorities can apply
preventive measures against potential criminal manifestations and before
the commission of a criminal oense, for example, conducting preventive
conversations with persons prone to oenses, etc. By implementing it, these
bodies realize their general «law enforcement» potential.
At the individual level of criminal oenses in relation to participants in
criminal proceedings, victimological prevention should also be organized
in the following areas: timely identication of persons who are deeply
depressed, irritable, dissatised with themselves and the environment,
strong emotional outbursts, desire for self-discovery; search and
neutralization of factors creating conict situations. These situations are
distinguished by the degree of their development and the time of realization
of negative moments in them (potential situations, conditionally real
situations, real situations), by scale (macro- and micro-situations).
In conclusion, we note that each of the specied levels of crime
prevention against participants in criminal proceedings is characterized
by the presence of a relatively autonomous, but identical mechanism for
its implementation, and the structure of prevention at all three levels
constitutes the content of combating crime in general.
Conclusions
Systematic application of the scientic recommendations proposed in
the article, which are based on the provisions of criminology, criminology,
criminal process and psychology, will contribute to eective prevention and
overcoming of opposition to the investigation of crimes committed against
participants in criminal proceedings. Of great importance in this process
will be the conduct by the subject of a pre-trial investigation of preventive
measures of an individual and general nature, as well as methods tested in
criminological and forensic science.
The theoretical model of combating crimes against participants in
criminal proceedings is a model of a system of specic measures of the
most signicant measures built on the basis of a set of generalized scientic
knowledge with the aim of identifying, stopping, and preventing illegal
inuence on participants in criminal proceedings, recommended for use
in the practical activity of primarily authorized subjects criminal process
(investigator, investigator, prosecutor, judge).
The Criminal Procedure Law should dene the right of operative units to
immediately start and conduct visual surveillance of unidentied (unknown)
persons who were discovered in the process of secret investigative (search)
actions, with the aim of further obtaining their personal data and (or)
915
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
evidence of their involvement in the crime or preparation of a crime against
participants in criminal proceedings.
The complex of proposals aimed at improving the system of prevention
of crimes against participants in criminal proceedings contains three levels:
general social, special and individual. The most signicant and eective in
the prevention of crimes of the researched category is an individual warning,
which can have a «point» focus on potential criminals, as well as on objective
circumstances favorable to crimes. An important area of countermeasures
against participants in criminal proceedings is victimological prevention.
Studying the modern practice of combating crimes against participants
in criminal proceedings shows that it is mainly reactive in nature and aimed
at stopping the threats that have already been manifested against witnesses
and victims. The system of early prevention of such crimes in Ukraine is
insuciently eective. In view of this, it is worth taking advantage of the
positive experience of neighboring countries in Europe and the USA, which
can be used in Ukraine, taking into account its national specics.
Prevention of crimes against participants in criminal proceedings
can be eective only in the case of comprehensive application of general
social, special and individual measures, carried out by specialized and non-
specialized state and non-state entities, provided that their activities are
coordinated, focused primarily on ensuring the safety of citizens involved
in the investigation procedure, early detection of threats to their safety and
timely neutralization of relevant threats.
Bibliographic References
ALEKSANDRENKO, Olena. 2004. Forensic problems of overcoming resistance
to investigation: autoref. dis... cand. law sciences: 12.00.09 – criminal
process and forensics; forensic examination. Kyiv. 20 p.
BELKIN, Raphael; AVERYANOVA, Tatiana. 1997. “Countermeasures to the
investigation and ways to overcome it by criminalistic and investigative
means and methods” In: Criminal support for the activities of the
criminal militia of preliminary investigation bodies. M. pp. 128132.
BRUSNITSYN, Leonid. 2022. Theoretical and legal foundations and world
experience of the security of persons involved in criminal justice:
dissertation. ... dr. of law of science. M., 462 p.
HUZELA, Mykhailo; SHULHAN, Iryna; SHEKHAVTSOV, Ruslan; KHYTRA,
Andrii; KUKOS, Maryna. 2022. “Security of the participants in the
criminal process: procedural and criminological aspects” In: Cuestiones
Políticas. Vol. 40, No. 74. pp. 29-47.
916
Oleksandr Krykunov, Viktoriia Kondratishyna, Oksana Starko, Liliana Tserkunyk y Yulian Kravets
Prevention and overcoming of counteraction to the investigation of crimes committed against
participants in criminal proceedings
IGNATIEV, Mikhail. 2004. The factor of suddenness, its procedural and
forensic signicance for criminal investigation. M: Yurlytinform. 144 p.
IVANOV, Yuriy, DZHUZHA, Oleksandr. 2006. Criminology: education.
Manual. Ed. Madcap. Kyiv, Ukraine. 264 p.
KUTS, Vitaly. 2015. “Content and levels of crime prevention” In: Trends and
priorities of reforming the legislation of Ukraine: materials of the All-
Ukrainian scientic and practical conference (Kherson, December 11–12,
2015). Kherson: Helvetica. pp. 152-156.
LAVROV, Vladimir. 2003. Criminalistic support for detection and investigation
of selsh and violent criminals; M: UNITY-DANA, Law and Law. 126 p.
MARTYNENKO, Oleg. 2005. Determination and prevention of crime among
the personnel of the internal aairs bodies of Ukraine: [monograph]. X:
Publishing House of KhNUVS. 496 p.
NEW EXPLANATORY DICTIONARY OF THE UKRAINIAN LANGUAGE.
2001. In four volumes.Vol. 2. K.: Aconite. 911 p.
ON ENSURING THE SAFETY OF PERSONS PARTICIPATING IN CRIMINAL
PROCEEDINGS. 1993. LAW OF UKRAINE dated December 23, No.
3782-XII. News of the Verkhovna Rada of Ukraine. 1994. No. 11. Art. 51.
RECOMMENDATION REC. 2005. 9 Of the Committee of Ministers of The
Council of Europe to Member States on the Protection of Witnesses
and Persons Cooperating With Justice. Available online. In: http://
www.scourt.gov.ua/clients/vsu/vsu.nsf/77864c99c46598 282c22
57b4c0037c014/7442a47eb0b374b9c2257d8700495f8b/$FILE/
PeKOMeHÄa4m%20Rec%20(2005)%209.pdf. Consultation date:
19/11/2022.
RUBAN, Kateryna. 2012. “Special criminological and individual measures to
combat crime in places of deprivation of liberty” In: Law and security.
No. 3. pp. 218-220.
RIVMAN, David; USTINOV, Valery. 1998. Victimology: monograph. N.
Novgorod. 185 p.
SHEHAVTSOV, Ruslan. 2003. Forms and methods of combating the
investigation of crimes and means of overcoming them: autoref. dis...
cand. law science: 12.00.09 – criminal process and forensics; forensic
examination. Kyiv. 20 p.
ZEMLYAKOV, Vladimir; ZEMLYAKOVA, Tatiana. 2011. “Organization of
the prevention of child and adolescent crime in the Federal Republic
917
CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2023): 901-917
of Germany (on the example of the activity of the police of Saxony)”
In: Socialization and resocialization of teenagers and youth: an
interdisciplinary aspect: materials of the All-Russian Scientic and
Practical Conference. Perm. pp. 62-68.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en enero de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 76
