Investigative Work of an Investigator as a Separate Form of Cognitive Activity

Abstract

The article identifies the place of search work of the investigator in the structure of cognitive activity during criminal proceedings. A quick, complete and impartial investigation is impossible without the proper organization of the investigator's search work. Different views of scientists concerning cognitive activity in the investigation of crimes were analyzed in the article. The place is identified and the concept of search work of the investigator is revealed. The investigation of criminal offenses is a cognitive process that takes the form of evidence. Meanwhile, the evidence does not "lie on the surface", it must be found (identified), recorded and seized with the established procedural procedure. Thus, the search aspect is constantly present in the work of the investigator, which, in our opinion, is reflected in the concept of "investigative (search) actions", which was introduced by the CPC of Ukraine in 2012. But at the same time there are tasks of purely investigative can be solved only through the use of certain methods and by means of operational and search activities (OSA), which determines the appropriate forms of interaction between the investigator and operational units. There are a number of problematic issues in this case. The procedure and form of conducting procedural actions, including investigative (search) are regulated by criminal procedural legislation, and the assignment of any of them to the number of search activity in each case is determined by the nature of the committed action and the investigative situation. The search activity of the investigator may be carried out by the investigator directly or indirectly (by giving instructions to operational units on conducting covert investigative (search) actions, organizational-technical or operative-search measures of search nature). The search work of an investigator in the structure of criminal procedure should be considered as one aimed at finding evidence – it is a wide range of search and cognitive measures used in investigative (search) actions. At the same time, there are search tasks that are solved by applying the methods and tools of OSA. The investigator solves these tasks by means of giving the instructions to operative units, which provides for the need to develop and normative consolidation of the most effective forms of such interaction.