Detection and Documentation of Signs of Criminal Offences during the Commercial Cases Proceedings

Abstract

The article examines topical issues related to the detection of signs of criminal offences in the sphere of economic activity and the initiation of pre-trial investigations as an independent structural element of criminal investigation methodology in modern conditions. It has been established that the timely detection of signs of illegal activity in the process of considering commercial cases plays a key role not only in ensuring the proper functioning of criminal justice mechanisms, but also in the context of the economic security of the state.

Based on an analysis of the provisions of the Commercial Procedure Code of Ukraine, the norms of the Criminal Code of Ukraine and law enforcement practice, it has been proven that the boundary between private law and criminal law protection mechanisms in the economic sphere is conditional. When resolving disputes, commercial courts often encounter circumstances that contain signs of criminal offences and go beyond their subject-matter jurisdiction. In such cases, a separate ruling is a necessary tool for communication with pre-trial investigation bodies and the prosecutor’s office, which is in line with the principle of legal certainty. It has been determined that a separate ruling is interdisciplinary in nature.

Particular attention is paid to the issue of the mandatory nature of issuing a separate ruling in the event of establishing signs of a criminal offence. Based on an analysis of judicial practice and scientific positions, it has been concluded that the issuance of such a ruling should be considered not as a right, but as an obligation of the commercial court. It is argued that the receipt by the prosecutor of a separate ruling of the commercial court should be recognised as a mandatory basis for entering information into the Unified Register of Pre-trial Investigations. This guarantees consistency in legal response and prevents selectivity in decision-making by law enforcement agencies.

The dual significance of identifying signs of criminal offences during the consideration of commercial cases has been justified: practical – protection of the economy, market participants and the evidence base; strategic – formation of a stable system of economic security and increased trust in justice. A separate ruling by the commercial court in such cases is a key mechanism for ensuring interaction between commercial and criminal justice, as well as a means of institutional control over the effectiveness of law enforcement agencies.