TACTICAL TECHNIQUE: DEFINITION LOGIC NEEDS REVISION

To understand the essence of the phenomenon under study allows the appropriate and correct use of concepts. Today we can meet cases when an erroneous understanding of the meaning of the terms used leads to a false interpretation of their meaning. We believe that a similar situation develops in forensics when studying the concept of «tactical technique». In the article, based on the analysis of the opinions of forensic scientists, the definitions and signs of a tactical technique presented in the science of forensic science are investigated. The conclusion is drawn about their ambiguity. The author's understanding of a tactical technique is presented, indicating its essential features: 1) mode of action, 2) compliance with certain criteria of admissibility. The article describes the content component of each of these signs. An analysis of the positions of forensic scientists is given, on the basis of which it is concluded that the criteria for the admissibility of a tactical technique should include scientific validity and predictable effectiveness. Indicators of the predicted effectiveness of tactical reception are determined. It is concluded that legality and ethics should be considered as a fundamental idea, guiding principles, extending to the activities of the law enforcement officer as a whole. The criteria for the admissibility of a tactical technique should be understood and studied as a particular manifestation of this activity, which is subject to the general principles of conducting a preliminary investigation. It is stated that the essential features of a tactical technique and its acceptance criteria are not the same thing. The terms «criteria of admissibility of tactical technique» and «criteria of admissibility of using tactical technique» are related. Considering that they are one and the same, it is concluded that there is no expediency of using the term «criterion of admissibility of the use of a tactical technique» in forensic science.