Досвід досудового розслідування кримінальних правопорушень на об’єктах критичної інфраструктури ЄС та США: теоретичний, правовий, організаційний аспекти

The article is devoted to a comprehensive analysis of the experience of pre-trial investigation of criminal offenses at critical infrastructure facilities in the European Union and the United States of America. The theoretical foundations of the concept of critical infrastructure are studied, and the peculiarities of its legal regulation in the USA and EU countries are revealed. It is established that the American approach to defining critical infrastructure is broad and covers various sectors, including energy, transport, telecommunications, banking, healthcare, and other strategically important facilities. The evolution of terminology in the European approach is revealed – from the concept of «critical infrastructure protection» to the concept of «resilience of critical facilities,» which is reflected in the change of the main EU regulatory documents. The legal aspects of pre-trial investigation of criminal offenses at critical infrastructure facilities in the USA and EU are analyzed, revealing common features and differences in organizational approaches. It is established that in the USA, the pre-trial investigation system is characterized by a decentralized approach with a clear delimitation of powers between federal and local authorities, while in EU countries there is a tendency towards centralization and unification of procedures. The peculiarities of international cooperation in the investigation of transnational crimes against critical infrastructure, as well as the role of public-private partnership in ensuring the effectiveness of investigations, are studied. Key problems of pre-trial investigation of criminal offenses at critical infrastructure facilities are identified, including: technological challenges, legal limitations, personnel qualification, attribution of cyber attacks, and insufficient cooperation between public and private sectors. Promising directions for improving the pre-trial investigation of such offenses are outlined, in particular: development of the legal framework, strengthening international cooperation, implementation of new technologies, development of public-private partnerships, and investment in the training of specialized personnel. The proposal for a transition from a reactive to a proactive model of investigation and the implementation of artificial intelligence technologies for analyzing large volumes of data and predicting potential threats is substantiated.