Organizational and tactical principles of conducting an investigative review in criminal proceedings on illegal activities in organizing or conducting gambling
Pages: 211-227
Year: 2025
Location: Pravova Ednist Ltd
Review
The article examines the organizational and tactical principles of conducting an inspection of the scene of the incident in criminal proceedings on the illegal organization and conduct of gambling. The relevance of the work is due to the rapid changes in the field of gambling after its partial legalization in Ukraine and the widespread use of modern digital technologies, which significantly complicates the detection and fixation of evidence. It is shown that the illegal gambling business increasingly operates in mixed schemes, combining stationary equipment with online resources, cloud services and hidden network technologies. In such conditions, the inspection of the scene of the incident becomes partic-ularly important, since it is at this stage that the foundation of the evidence base is formed.
The paper analyzes the current state of scientific research and establishes that the Ukrainian forensic doctrine has not sufficiently developed special methodological recommendations for the inspection of places of operation of illegal gambling businesses, especially taking into account digital forms of organizing gambling. The need for a comprehensive approach that includes forensic, techni-cal and legal aspects is substantiated. The content of the preparatory, working and final stages of the inspection is disclosed, the range of objects subject to fixation and seizure is outlined, in particular, gambling equipment, computers, network devices, software, documents and digital traces. Particular attention is paid to the problems of interaction of the investigator with specialists in the field of infor-mation technology and cybersecurity, which is due to the complexity of technical processes and the risk of loss or distortion of information. Typical errors during the inspection are identified, such as the lack of proper fixation of the situation, incorrect handling of equipment, underestimation of the value of digital artifacts. Based on the generalization of practice, recommendations have been formulated to improve the efficiency of the review, in particular regarding technical requirements, algorithms of actions and methods of documentation.
The article has practical value for investigators, operational workers, forensic experts and digital forensics specialists. The results obtained can be used to improve methodological materials, training programs and practical support for the investigation of crimes stipulated in Art. 203-2 of the Criminal Code of Ukraine. Prospects for further research are to develop methods for working with online plat-forms, cloud services, modern gaming equipment and digital traces in cases of this category.