Some Peculiarities of Investigatory Experiment Implementation

Abstract

The Article analyzes and reveals the interaction of notion and nature of investigatory experiment –one of the most important investigative actions. The analysis and disclosure of the features of the notion and theoretical and legal grounds of the investigatory experimentimplementation has both scientific and practical importance for demarcating it from other adjoining investigative actions, clarifying the circle of its core tasks and aims, as well as for choosing the most optimal tactical line. To that end, the author has analyzed both coinciding and contradicting standpoints of different authors on the discussed issue, legal provisions of criminal process legislation, and as a result – has formulated the notion of the investigatory experiment. Thus – investigative experiment may be characterized as an independent investigative action, which is implicated by the investigator by means of experiments and other experimental actions, with the aim of checking and clarifying data, necessary for the case, studying out possibility of perceiving certain phenomenon and a fact, clarifying possibility of implementation of certain action, occurrence of a phenomenon and studying out the mechanism of implementation of certain actions, as well as getting new proofs, checking investigative hypothesis, disclosure of the causes and conditions, facilitating the commitment of the crime in such conditions, which are highly similar to the conditions, existing at the moment of the commitment of the verifiable fact, phenomenon or case.