Peculiarities of the investigation of frauds disguised as civil legal relations
Abstract
The materials of judicial and investigative practice were analyzed, as a result of which shortcomings in the process of proof have been identified, to eliminate which it is appropriate to distinguish three stages in the fraud investigation methodology: 1) features of receiving and checking fraud reports and working with the victim; 2) collecting evidence of the use of deception or abuse of trust by a specific person before his or her detention; 3) collection of evidence after arrest and notification of suspicion to a person involved in committing fraud. It has been noted that each of the stages is characterized by a feature in relation to tactical tasks and means of solving them and is acceptable and understandable to employees of practical units, as it is related to specific procedural features of their work.
It has been determined that the peculiarities of the stage of receiving and checking fraud reports and the procedure of the investigator’s work with the victim are the need to record the initiative of the victim (in person or through a representative) to prosecute the guilty person and demand compensation for the damage caused. A set of actions aimed at solving typical tactical tasks solved at this stage has been presented.
It has been noted that the courts recognize as a legal basis for the detention of a person suspected of committing fraud, only collected evidence of the use of deception or abuse of trust during the acquisition of property or the right to it. Therefore, at the stage of collecting evidence of involvement in fraud of a specific person before his or her arrest, the investigator must solve quite specific tactical tasks, taking into account this, it has been recommended to carry out a set of measures and procedural actions.
The specifics of evidence collection after the arrest and notification of suspicion to a person involved in fraud were revealed through the implementation of a complex of investigative actions (presentation for identification; interrogations, obtaining temporary access to things and documents, etc.).
The need to simplify the procedure of proof in proceedings on simple, minor criminal offenses related to fraud and more active use of the institution of concluding agreements provided for in Art. 468 of the CCP of Ukraine.
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References
Barabash T.M., 2002. The subject of proof in criminal cases on tax evasion, fees, other mandatory payments [Predmet dokazuvannia u kryminalnykh spravakh pro ukhylennia vid splaty podatkiv, zboriv, inshykh oboviazkovykh platezhiv]. Ph.D. dissertation. National Academy of State Tax Service of Ukraine.
Volobuiev A.F., 2000. Problems of the method of investigation of theft of property in the field of entrepreneurship [Problemy metodyky rozsliduvannia rozkradan maina v sferi pidpryiemnytstva]. Kharkiv: Vydavnytstvo Universytetu vnutrishnikh sprav.
Danyliak A.V., 2018. Peculiarities of interaction in the investigation of economic crimes committed by organized groups [Osoblyvosti vzaiemodii pry rozsliduvanni ekonomichnykh zlochyniv, vchynenykh orhanizovanymy hrupamy]. Ph.D. dissertation. Kharkiv National University of Internal Affairs.
Korzh V.P., 2002. Methods of investigation of economic crimes committed by organized groups, criminal organizations [Metodika rassledovaniya ekonomicheskikh prestuplenii, sovershaemykh organizovannymi gruppami, prestupnymi organizatsiyami]. Kharkov: Litsei.
Kurman O.V., 2002. Methodology of investigation of fraud with financial resources [Metodyka rozsliduvannia shakhraistva z finansovymy resursamy]. Abstract of Ph.D. dissertation. Yaroslav Mudryi National Law Academy of Ukraine.
Pazynych T.A., 2007. Forensic characteristics and basic provisions of fraud investigation [Kryminalistychna kharakterystyka ta osnovni polozhennia rozsliduvannia shakhraistv]. Ph.D. dissertation. National University of Internal Affairs of Ukraine.
Saltevskyi M.V., 2000. Fundamentals of the methodology of investigation of crimes committed with the use of computers [Osnovy metodyky rozsliduvannia zlochyniv, skoienykh z vykorystanniam EOM]. Kharkiv: Vydavnytstvo Natsionalnoi yurydychnoi akademii Ukrainy.
Stepaniuk R.L., 2012. Forensic support for the investigation of crimes committed in the budget sphere of Ukraine [Kryminalistychne zabezpechennia rozsliduvannia zlochyniv, vchynenykh u biudzhetnii sferi Ukrainy]. Kharkiv: NikaNova. (Ed.: Volobuiev A.F.).
Cherniavskyi S.S., 2003. Crimes in the field of bank lending (problems of investigation and prevention) [Zlochyny u sferi bankivskoho kredytuvannia (problemy rozsliduvannia ta poperedzhennia)]. Kyiv: Yurinkom Inter. (Ed.: Dzhuzha O.M.).
Shepitko V.Yu., 2000. Tactics of investigation of crimes committed by organized groups and criminal organizations [Taktika rassledovaniya prestuplenii, sovershaemykh organizovannymi gruppami i prestupnymi organizatsiyami]. Kharkov.
Zaiats K.D., 2020. Fraud investigation methodology [Metodyka rozsliduvannia shakhraistv]. Ph.D. dissertation. Kharkiv National University of Internal Affairs.
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