On the issue of the necessity of conducting an investigative experiment in the investigation of road traffic offenses
Evgeniy Zubenko, Timofey SvobodnySubject: legal norms regulating the conduct of investigative experiments, the practice of their implementation, relevant statistical data, as well as scientific, educational, and instructional literature containing provisions on the organization and methodology of conducting investigative experiments. Objective – to justify the necessity of including an investigative experiment in the list of initial investigative actions, to justify the necessity of a systematic refusal of the stage of initiating a criminal case. Methodology: dialectical method, general provisions of the theory of knowledge (analysis, synthesis, comparison), systemic and comprehensive approaches, chronological method. The completion of this work required the application of a set of scientific research methods. Results of the work: establishment of the necessity to conduct an investigative experiment in the investigation of road traffic crimes; it is unacceptable to replace an investigative experiment with an additional investigative inspection by performing experimental actions; it is necessary to include the investigative experiment in the list of initial investigative actions; a gradual abolition of the stage of initiating a criminal case is required. Scope of application: legislative activity, activities of law enforcement agencies in combating crime within the framework of checking a report of a crime, preliminary investigation. The work possesses novelty due to problems in law enforcement practice within the proceedings of criminal cases on road traffic crimes. Ideas for improving the current legislation are proposed. Conclusions: the investigative experiment is mandatory in the investigation of road traffic offenses; substitution of the investigative experiment with an additional investigative inspection through experimental actions is not allowed; it is necessary to include the investigative experiment in the list of initial investigative actions; a gradual abolition of the stage of initiating a criminal case is required.