Криминалистические подходы к формированию и проверке следственных версий

The investigative version is the most important means of cognition that ensures the purposefulness, effectiveness, and efficiency of an investigation. Due to the practical importance of the advancement and verification of versions in detecting and investigating crimes among private forensic theories, the doctrine of the version was one of the first to take shape. The forensic doctrine of version originated and took shape in the middle of the 20th century. In this connection, the main postulates of this particular forensic theory still include general scientific concepts, which in the modern spider of the XXI century have been refined, supplemented, improved, and some have been revised as having failed the exam by time.

The development of science and technology has led to the renewal of the methodology and the improvement of the system of general scientific methods, which, first of all, include the methods of obtaining and processing information. Thus, it can be argued that general scientific prerequisites have been formed, which make it possible to continue on a new basis the development of a particular forensic theory - the forensic doctrine of the version.

The following reason requiring the improvement of a number of the provisions of the theory of version formulated in the 20th century is the change in disclosing and investigating crimes due to changes in legislation and the existing criminal environment. The transformation of criminal activity requires the study of theoretical patterns of putting forward and checking versions.

During the investigation of a criminal case, versions are put forward not one by one, but always in the form of a set of interconnected versions, which are a versioning system. A versioned system requires special tools that allow you to push versions, establish logical links between them and ensure simultaneous checking of all versions included in the versioned system. This task cannot be solved only with the help of simple methods, such as analysis and synthesis, abstraction, induction, and deduction. It is required to apply more complex methods of rational knowledge, in particular - the hypothetical-deductive method.

The advancement of versions in detecting and investigating crimes is a phenomenon in the system of activities of the subject of criminal procedural knowledge.

They did not consider the logical nature of the version and limited themselves to indications that the versions form the basis of the investigation plan and are put forward at the second stage of the investigation - after the initial investigative actions if the investigator "still does not receive certain indications about the identity and whereabouts of the offender" [1, p. 141].

The concept of an investigative situation is linked to the problem of increasing the efficiency of the investigator's activity in solving and investigating crimes and therefore has long been under the scrutiny of forensic scientists.

In the 20th century, from the late 60s to the early 70s,  scientists paid attention to investigative situations. Disputes about the concept, nature, structure, and content of an investigative situation do not cease in the forensic literature until now,  which the works of many forensic scientists are devoted to the study of this topic. 

V. C. Gavlo defined the investigative situation as “a set of factual data that reflect the essential features of the event as it appears at one stage or another of the investigation of crimes” [2, p. 54].

At the same time, the opinion of the same authors regarding the concept of an investigative situation is quite dynamic. So, I.F. Gerasimov defined the investigative situation as "a set of circumstances in the case (situation, situation), which may be favorable or unfavorable (to varying degrees) for any conclusions and actions of the investigator" [3, p. 321].

L. Ya. Drapkin understands the investigative situation as "a mental dynamic model that reflects the information-logical, tactical-managerial and organizational state that has developed in a criminal case and characterizes the favorable or unfavorable nature of the investigation process" [2, p. 56].

It should be noted that it would be more correct to use the term "forensic situation" rather than "investigative situation" since the latter admits of an ambiguous interpretation: the situation that develops in the course of the investigation, and the situation in which the investigator finds himself, defines the investigative situation as a forensic characteristic of the investigation a specific crime at a certain moment, necessary for making investigative decisions.