Типові слідчі ситуації початкового етапу розслідування рейдерства
- Institution: Donetsk State University of Internal Affairs
- ORCID: https://orcid.org/0000-0003-1053-9758
- 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.