Opposition to preliminary investigations: some issues for system studies

Introduction: the article considers the main approaches and definitions of counteraction to the preliminary investigation, clarifies its features, presents the author's approach to the modern understanding of this criminalistics concept. Particular attention is paid to systematization of forms of counteraction to the investigation. Also from the system point of view the article analyzes the issues of development of methodological and criminal maintenance of identification and overcoming counteraction to investigation of crimes of certain types. Materials and methods: the normative basis of the study is formed by the Constitution of the Russian Federation, criminal procedure legislation and other normative legal acts regulating relations in preliminary investigation of criminal cases. The methodological basis of the research is the general dialectical scientific method of cognition, which is universal in nature, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. Results: the author's definition of counteraction to the preliminary investigation specifying a number of its main features and characteristics is suggested. The conclusion is made about the main directions of criminalistic systematic studies of this phenomenon, reasonable approaches to the selection of the forms under consideration to counter the classification of this concept are described. The structure of methodological and criminalistic support of law enforcement agencies in order to identify, overcome and prevent counteraction to the preliminary investigation is proposed. Summary and conclusions: counteraction to the preliminary investigation should be considered as intentional and primarily illegal activity of the subjects of the crime, associated with them or other persons pursuing their own interests, which hinders the work of law enforcement agencies to identify signs of criminal acts, initiate criminal proceedings and conduct a preliminary investigation. In this broad sense, it will be possible to provide comprehensive system studies of this phenomenon, its individual forms, types and methods. Systematization of various forms of the considered countermeasures can be conducted, based on the specifics of the actors carrying it, the nature of the relationship between subject response and criminalistically relevant information which such a person prevents law enforcement from obtaining or using, as well as the nature of actions (inaction) constituting the opposition. An important role in the system of criminalistics techniques of investigation is a system of recommendations to identify and overcome the opposition to the preliminary investigation of certain types of crimes.