Способи вчинення умисного пошкодження або руйнування телекомунікаційної мережі

The article studies one of the main elements of the structure of the criminalistic characteristic – the method of intentional damage or destruction of the telecommunication network. It is proved that the method of committing a criminal offense carries an array of criminalistically significant information necessary for conducting a pre-trial investigation, in particular, the nomination of justified versions of the wrongful act, the appointment of forensic examinations and the conduct of a complex of investigative (search) actions necessary for the qualification and prosecution of the guilty person. The author conducted a comprehensive analysis of the approaches of scientists to the methods of committing crimes, as part of the forensic characteristics associated with the commission of intentional damage or destruction of telecommunication networks. According to the results of the study, the author notes that the method of committing crimes qualified under Art. 360 of the Criminal Code of Ukraine consists of preparatory measures, direct commission and concealment. The article proposes the definition and reveals the constituent elements of the method of committing a crime, which are most inherent in crimes of intentional damage or destruction of telecommunication networks. On the basis of the conducted study of materials of criminal proceedings of the studied category, the constituent elements of the method of intentional damage or destruction of telecommunication networks are described. According to the results of the study, correlations of the method of committing a crime with other elements of the criminalistic characteristic, in particular the trace picture, the situation of the criminal offense and the identity of the criminal, have been substantiated. In the article, the author notes that the method of committing a crime is the main element that forms the trace picture. The data set forth in the study can be further used in the practical activities of law enforcement agencies to disclose, investigate and prevent criminal offenses that are committed by intentional damage or destruction of the telecommunications network. In addition, the results of the study in the future can be used in the scientific development of methods of investigation of certain types of criminal offenses and further scientific research.