Theoretical and Methodological Principles of Research Investigation of Corruption Criminal Offenses Related to the Receipt of Illegal Benefits

  • Yuliia CHORNOUS

    Doctor of Law, Professor,

    Professor of the Department of Criminalistics and Forensic Medicine of the National Academy of Internal Affairs

    Kyiv, Ukraine

    https://orcid.org/0000-0001-9710-4858
  • Valentyn SHMITKO

    Postgraduate Student of the Department of Criminology and Forensic Medicine
    of the National Academy of Internal Affairs

    Kyiv, Ukraine

    https://orcid.org/0000-0003-2876-7636

Abstract

Abstract. The relevance of the scientific article is related to the fact that the systematic scientific development of the theoretical and methodological foundations of the investigation of corruption criminal offenses can ensure not only the acquisition of comprehensive and objective data on the scale, structure and types of corruption crime in the state, but also contribute to the strengthening of law enforcement activities involving effective countermeasures against this socially dangerous phenomenon. Accordingly, the goal of the scientific article is the formation of the theoretical and methodological foundations of the investigation of corruption criminal offenses, in particular, those related to the receipt of illegal benefits. Taking into account the specificity of the subject and the purpose of the research, the methodological toolkit is represented by a system of philosophical, general scientific and special methods to ensure a comprehensive study of the subject of research and the formation of author's conclusions on this basis. The main results of the study are based on the justification that when developing the methodology of corruption crime research, it is important to take into account the multi-level of the appropriate methodological toolkit, which should be based on a wide range of methods that are closely related and complement each other. It has been found that the dialectical method, as a fundamental method of knowing reality, is at the core of the research methodology of pretrial investigation of criminal offenses, including corruption. The study of the dialectical method of scientific knowledge proved that at the current stage, not only is there a radical change in the previously created paradigm of operational and investigative activity, criminal process and criminology regarding the implementation of pre-trial investigation of corruption criminal offenses, but also there is a need to form their updated variation through the systematic development of the latest theoretical provisions. Working out the theoretical, legal and organizational foundations of the investigation of such criminal offenses through the prism of the laws of dialectics proves that the modern development of the activities of authorized state bodies represents a transition from inertial self-organization to flexible and constant renewal and self-improvement. The practical value of the work lies in revealing the methodological significance of the praxeological approach to the investigation of corruption criminal offenses. Its meaning is that it orients, in particular, the theory of the criminal process, criminology, and investigative activities to solve their immediate tasks as applied sciences. No matter how significant the general regularities of the investigation of such criminal offenses are revealed through theoretical analysis, they will not find direct application in practice until they are adopted by a special methodology, legal norm, and practical recommendation.

 

Keywords: methodology; methods of scientific knowledge; pre-trial investigation; investigative (search) actions; covert investigative (research) actions; corruption criminal offences; corruption; illegal benefits; criminal proceedings; human rights.

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Author Biographies

Yuliia CHORNOUS

Doctor of Law, Professor,

Professor of the Department of Criminalistics and Forensic Medicine of the National Academy of Internal Affairs

Kyiv, Ukraine

Valentyn SHMITKO

Postgraduate Student of the Department of Criminology and Forensic Medicine
of the National Academy of Internal Affairs

Kyiv, Ukraine

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Published
2024-01-29
Section
Philosophy and philosophy of law