- Author:
Tetiana Davchenco
- E-mail:
Akhtyrska.n@gmail.com
- Institution:
Judge of the Economic Court of the Nikolaev region
- ORCID:
https://orcid.org/0000-0003-3883-3123
- Year of publication:
2021
- Source:
Show
- Pages:
17-27
- DOI Address:
https://doi.org/10.15804/ksm20210102
- PDF:
ksm/29/ksm2902.pdf
Investigations of economic crimes require the development of new methods, due to the rapid development of economic relations, the international corporation, the use of digital payment instruments, increased competition and the presence of corruption. The low level of crime detection and the absence of convictions indicate the expediency of amending the current procedural legislation to determine jurisdiction, empowering law enforcement agencies to conduct covert investigative (search) actions, to appoint examinations before criminal proceedings; define in substantive law the concept of economic crimes. In Ukraine, reforms in the criminal justice system, law enforcement and the judiciary have not yielded the expected results. Established law enforcement agencies often duplicate the powers of others, which creates a risk of corruption and hinders the effective collection of evidence in criminal proceedings. Professional training of investigators who are working on investigating of economic crimes requires a high level of legal and economic awareness. The use of special knowledge (involvement of specialists, appointment of expertise) needs to be reviewed, as investigators are deprived of the right to interrogate an expert. Dynamic changes in the legislation have negatively affected the activities of law enforcement agencies, which have been temporarily deprived of selfappointment. These powers rested with the investigating judge and the court. The protection of the economy requires the strengthening of law enforcement agencies on the methods of detecting criminal encroachments on the economic base of the state.
- Author:
Ivan Kubariev
- E-mail:
kurt76@ukr.net
- Institution:
Donetsk State University of Internal Affairs
- ORCID:
https://orcid.org/0000-0003-1053-9758
- Author:
Serhii Barhan
- E-mail:
sergiusbargan@gmail.com
- Institution:
Donetsk State University of Internal Affairs
- ORCID:
https://orcid.org/0000-0002-1706-0355
- Year of publication:
2022
- Source:
Show
- Pages:
87-101
- DOI Address:
https://doi.org/10.15804/ksm20220305
- PDF:
ksm/35/ksm3505.pdf
Typical Investigative Situations of the Initial Stage of Corporate Raids Investigation
One of the key aspects of the fight against corruption and economic crime is to counter the seizure of business entities (raids) – as a set of criminal acts. There is no single norm in Ukrainian criminal law that provides for penalties for illegal seizure of enterprises, institutions, organizations in order to appropriate them or establishes control over their assets, and therefore existing methods of detecting and investigating raids need to be significantly improved. Also a top priority for researchers and practitioners in the field of law enforcement remain issues of updating scientific developments in order to increase the level of crime prevention. This is especially true of raider groups, whose members have expertise in the economic field, are corrupt, and resort to the most sophisticated forms of countering the investigation. Thus, without awareness of typical investigative situations and the procedure for conducting investigative (search) actions at the initial stage of a raid investigation, it is difficult to identify perpetrators, and identifying the customer may be an impossible task due to the specifics of economic crimes information to be processed. In this regard, determining the specifics of the formation of investigative situations of the initial stage of the investigation of criminal offenses related to raiding is a very important issue. The article examines the problematic issues of defining the essential features of raiding, clearly argues various approaches to the interpretation of this concept, identifies the essence of typical investigative situations, as well as highlights the provisions of raiding, which directly affect the formation of an investigative situation of this crime. Finally, the identification of typical investigative situations in the initial phase of raiding investigations contributes to the quality of pre-trial investigations, reducing the risk of tactical errors, in particular during investigative actions, which will facilitate the proper execution of criminal proceedings.