INVESTIGATION AND PREVENTION OF CRIMINAL OFFENSES RELATED TO OPPOSITION TO ADVOCACY

Abstract

The study is devoted to a comprehensive analysis of the theoretical foundations of the forensic characterization, tactics and methods of investigation, as well as preventive criminological measures regarding criminal offenses against advocacy, provided for in Articles 397–400 of the Criminal Code of Ukraine. It is emphasized that the forensic characterization of such illegal acts systematizes typical elements - the object of encroachment in the form of advocacy as a constitutionally guaranteed institution of the right to defense, methods of commission with a predominance of indirect forms of influence (threats, interference with secrecy), a fragmentary trace picture with a predominance of digital evidence and the profile of the criminal, mainly associated with law enforcement agencies or opponents in the process. This model serves as a scientific "template" for predicting investigative versions, modeling the behavior of perpetrators and optimizing primary procedural actions, adapting the classical forensic doctrine to the specifics of the procedural guarantees of the legal profession. It is noted that the investigation tactics include immediate actions at the stage of receiving the lawyer's application - interrogation of the victim with recording of compliance with attorney-client privilege, inspection of the scene of the incident, seizure of digital media, with subsequent complex assignment of examinations: forensic for the reconstruction of the event, computer-technical for the analysis of IP addresses and metadata of threats, psychological for motives. Arguments are presented that the independence of investigators of the central apparatus of the Prosecutor General's Office or the National Anti-Corruption Bureau ensures the avoidance of sabotage, contributing to the formation of a substantiated indictment. The feasibility of preventive measures of a criminological nature, emphasizing a proactive approach to reducing the criminogenic potential of offenses against advocacy, has been proven: statistical monitoring by the National Bar Association of Ukraine to identify regional "hot spots" and typical motives, victimological trainings by the Higher School of Advocacy with algorithms for recording primary evidence (audio, geolocation data), legislative initiatives to prohibit the identification of a lawyer with a client to eliminate stereotypical determinants, interdepartmental coordination with the Ministry of Internal Affairs through rapid response protocols and state insurance programs for lawyers in high-risk areas (front-line regions). The effectiveness of assessing such measures is substantiated through key performance indicators - the number of registered criminal proceedings under Articles 397–400 of the Criminal Code of Ukraine, the level of latency according to surveys of lawyers, the dynamics of recidivism - which ensures scientifically based adjustment of strategies and a systematic reduction of latent forms of resistance. The practical significance of the work is substantiated through specific recommendations for the National Bar Association of Ukraine and the Prosecutor General's Office on the formation of specialized investigative groups for high-profile cases, the implementation of digital monitoring of communications and an electronic register of anonymous complaints. Prospects for further development are identified: the creation of a unified interdepartmental platform for proactive protection of the legal profession, which positions it as the foundation of the rule of law in the context of hybrid challenges.