Search citation statements
Paper Sections
Citation Types
Year Published
Publication Types
Relationship
Authors
Journals
Establishment and development of the economic security of the state requires taking effective measures to counteract and minimise the negative impact of criminal offences that encroach on public relations in the areas of economic activity, legal activities of business entities, professional activities of public administration entities, etc. Among such criminal offences, much attention is paid to those with signs of raiding, i.e. those related to the unlawful takeover and seizure of property, assets of enterprises, institutions, organisations, corporate rights to them and other resources, encroachment on the rights of owners or authorised persons of business entities of various forms of ownership, etc. An important role in proving and clarifying the circumstances to be proved in these criminal offences is played by expert opinions. Given the insufficient elaboration of the issues related to the appointment of forensic examinations in the course of investigation of criminal offences related to raiding, the purpose of the article is to define the range of forensic examinations which are appointed during the pre-trial investigation of the latter, and to clarify the specifics of their appointment. To achieve this goal, the article uses a range of general scientific methods, as well as some philosophical and special research methods, in particular, analysis, synthesis, systemic and structural method, forecasting method and dialectical method. Based on the results of the analysis of the investigative and judicial practice of investigating criminal offences related to raiding, it has been found that the typical expert examinations which are appointed during their investigation are forensic technical examination of a document, forensic economic examination, and forensic handwriting examination. It has been generalised that they are appointed in every second criminal proceeding of the type under study. The author identifies the factors which should be taken into account when deciding on the necessity and expediency of appointing a forensic examination during a pre-trial investigation. The article also identifies the mistakes made by the prosecution when appointing the specified types of qualified specialised investigations. Given the nature of raiders’ actions, the processes taking place in society and in the professional activities of individual participants in social relations, the author outlines the prospects for further scientific research.
Establishment and development of the economic security of the state requires taking effective measures to counteract and minimise the negative impact of criminal offences that encroach on public relations in the areas of economic activity, legal activities of business entities, professional activities of public administration entities, etc. Among such criminal offences, much attention is paid to those with signs of raiding, i.e. those related to the unlawful takeover and seizure of property, assets of enterprises, institutions, organisations, corporate rights to them and other resources, encroachment on the rights of owners or authorised persons of business entities of various forms of ownership, etc. An important role in proving and clarifying the circumstances to be proved in these criminal offences is played by expert opinions. Given the insufficient elaboration of the issues related to the appointment of forensic examinations in the course of investigation of criminal offences related to raiding, the purpose of the article is to define the range of forensic examinations which are appointed during the pre-trial investigation of the latter, and to clarify the specifics of their appointment. To achieve this goal, the article uses a range of general scientific methods, as well as some philosophical and special research methods, in particular, analysis, synthesis, systemic and structural method, forecasting method and dialectical method. Based on the results of the analysis of the investigative and judicial practice of investigating criminal offences related to raiding, it has been found that the typical expert examinations which are appointed during their investigation are forensic technical examination of a document, forensic economic examination, and forensic handwriting examination. It has been generalised that they are appointed in every second criminal proceeding of the type under study. The author identifies the factors which should be taken into account when deciding on the necessity and expediency of appointing a forensic examination during a pre-trial investigation. The article also identifies the mistakes made by the prosecution when appointing the specified types of qualified specialised investigations. Given the nature of raiders’ actions, the processes taking place in society and in the professional activities of individual participants in social relations, the author outlines the prospects for further scientific research.
The mechanism of criminal activity consists of various elements that require a thorough study in the process of understanding the event of a criminal offence, i.e. during the pre-trial investigation. It consists of a large number of elements that are determined by the type of criminal offence and the specifics of the criminal activity of a particular person or group of persons. An obligatory element that requires a thorough study during theoretical research and in the course of cognitive activity of an investigator, detective or coroner is the method of committing a criminal offence. The method is an independent and compulsory element of the forensic characterisation of any type of criminal offence, and the need to cognise it is due to the need to present the information model of the illegal activity (actions) of a raider or a group of raiders, on the basis of which other elements of certain forensic techniques will be built. Given that the method embodies the objective side of a criminal offence, the complexity of its establishment and proof in the cognitive activity of an investigator, detective, coroner, therefore, in the context of cognition of raiding, it is subject to a thorough study. Based on the textual analysis of criminal law provisions, generalisation of theoretical developments, statistical data and law enforcement practice, the article establishes that criminal offences related to raiding are numerous, and the methods of their commission are mostly two-component and include actions related to preparation and direct commission. The mandatory features of each of the criminal offences under study are: 1) the use of pseudo-legal mechanisms, which may include the use of forged documents, seals, stamps, conclusion of fictitious transactions, etc.; 2) the focus, which is not on the simple acquisition of objects or certain assets of a business entity, but on the rights to an enterprise, institution, organisation with its production facilities, etc. The peculiarities of preparation for a raider seizure, peculiarities of preventive activities of this type of illegal activity are determined, and the role of the Office for Combating Raiding in this area is defined. Prospects for further research within the framework of the studied issues are outlined.
The problem of countering organised crime in Ukraine has always been in the centre of attention of both law enforcement officers and researchers. It became particularly relevant in connection with the creation of a new division of the National Police of Ukraine – the Department of Strategic Investigations and providing it with new tools to improve the effectiveness of bringing criminal figures to justice. As a result of amendments to the Criminal Code of Ukraine, the model of criminal and legal counteraction to the activities of criminal authorities has changed significantly. In particular, such concepts as “criminal community”, “code-bound thief”, “criminal influence”, “criminal activity”, “person who carries out criminal influence”, and “person who is in the status of a subject of increased criminal influence” have been introduced into the legislative circulation, new acts have been criminalised – establishing or spreading criminal influence, applying for the use of criminal influence, and also organisation and assistance in holding or participating in a criminal meeting (sit-down) were separated into an independent section. The purpose of the study is to investigate the essence and content of the modern model of criminal law counteraction to the activities of criminal authorities, identify its conceptual shortcomings, and formulate proposals for improvement. During the research, a complex of scientific methods was applied – systemic, formal and dogmatic (legal and technical), comparative and legal, analysis, synthesis, induction and deduction. Special literature, provisions of the Criminal Code of Ukraine and judicial practice of their application were considered, and consultations with experts were held. Based on the findings, a holistic view of the Ukrainian model of criminal law counteraction to the activities of criminal authorities is presented, and its content is revealed. Recommendations have been developed on the interpretation and further application of Articles 255, 255-1, 255-2, 255-3 of the Criminal Code of Ukraine. The conceptual shortcomings of the model under study are identified and ways to improve it are outlined, including: 1) rejection of the criminal community as an independent form of complicity; 2) clarification of the definition of criminal influence by specifying its features and excluding unnecessary ones; 3) legislative consolidation of the term “criminal activity”; 4) rejection of the term “code-bound thief” primarily due to the fact that it concerns a person who is in the status of a subject of increased criminal influence; 5) changing the emphasis in the definition of a criminal meeting from its subjects to the purpose of this meeting
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.