TACTICAL PROVISION OF PRE-TRIAL INVESTIGATION OF ILLEGAL OBSTRUCTION OF THE ORGANIZATION OR HOLDING OF MEETINGS, RALLIES, MARCHES AND DEMONSTRATIONS
Authors:   Donetsk State University of Internal Affairs, Ukraine, Romanov Maksym 
Published: February 2023

Tactical provision of pre-trial investigation of illegal obstruction of the organization or holding of gatherings, rallies, marches, and demonstrations, taking into account the tendency towards the systematic implementation of the relevant constitutional right by the citizens of Ukraine, is an extremely important aspect of the science of criminal process and criminology. The purpose of the article is to describe the institution of tactical provision of pre-trial investigation of illegal obstruction of the organization or holding of meetings, rallies, marches, and demonstrations. The set goal, through the prism of the logic of the analysis of the relevant material, can be the achievement of the following research tasks: the study of the procedure for conducting investigative (research) actions to obtain information from material and personal sources in the investigation of illegal obstruction of the organization or the holding of meetings, rallies, marches and demonstrations; analysis of the institution of the use of special knowledge as a means of tactical provision of pre-trial investigation of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations; characteristics 528Maksym Romanovof interaction in the investigation of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations. The research methodology is based on general research methods of analysis and synthesis, and in particular – observation and abstraction, which are used to learn the main socio-legal processes. Special methods of learning legal matter – formal-legal and comparative-legal made possible a deeper study of the legal content of the studied phenomena. The results showed that the need for a significant number of investigative (search) actions is related to the specifics of the committed criminal offense, the main negative and illegal consequence of which is not holding a peaceful assembly (not realizing the right to hold such an assembly by citizens). It is emphasized that the most effective is the use of special knowledge related to the analysis of material sources of evidence (video, photo, audio files and other material sources that may contain information about the illegal obstruction of the organization or the holding of a peaceful assembly). The conclusion was also reached that the content and essence of interaction in the investigation of the corresponding category of criminal offenses is the need to involve a wide range of human resources, with the aim of interviewing the participants of such a peaceful assembly, its organizers, eyewitnesses to the event (in case of aggressive (forceful) obstruction of the peaceful assembly meetings), in addition, a prominent place in the system of interaction is occupied by specialists (experts) and employees of security units during mass events of various law enforcement agencies. Practical implications. It consists in the fact that the algorithms and categories determined as a result of the analysis of theoretical provisions can be applied in the activities of pre-trial investigation bodies, to whose jurisdiction the relevant criminal offense is assigned, as well as during the legislative work of state authorities. Value/originality is that this study is one of the first in Ukraine to attempt a fragmented analysis of the institution of the organization of a pre-trial investigation of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations, given the low number of their registrations, however, in the conditions of armed aggression of the russian federation (when the relevant law is violated in the temporarily occupied territories, and also serves as a direct tool for the protection of the state sovereignty and territorial integrity of Ukraine), as well as Ukraine's acquisition of the status of a candidate for membership of the European Union, all without exception the field of criminal process science and criminology are updated and should be studied in detail.