Planning of the investigation of criminal offenses in the sphere of economic activities committed involving law enforcement officials: The Ukrainian perspective
Vol 8, Issue 13, 2024
VIEWS - 21 (Abstract) 6 (PDF)
Abstract
The article is devoted to formulation of theoretical principles and practical recommendations regarding organization and planning of the investigation of criminal offenses in the field of economic activity, which are committed with the participation (assistance) of law enforcement officers. The methodology for the article is chosen taking into account the purpose and tasks, object and subject matter of the study. The research results were obtained with the help of the following methods: dialectical; formal and logical; formal and legal; comparative and legal; historical and legal, complex analysis; analysis and synthesis; axiomatic; system and structural method. The obtained results of the study indicated that organization and planning of the investigation of criminal acts under consideration is a purposeful activity of the authorized bodies, which is carried out under the guidance of the investigator, detective of the pre-trial investigation body. These activities require systematic, comprehensive approach and must take into account a wide range of circumstances that can affect the process and results of the investigation: the nature of the criminal offense, access to the necessary financial, human and technical resources; the competence of the investigator, the detective; terms and deadlines for investigation and presenting materials to the court, establishing effective cooperation between competent authorities. The study highlights the peculiarities of the organization and planning of the investigation of criminal offenses in economic activities, when law enforcement officers are involved, and suggests directions for improving the effectiveness of their implementation.
Keywords
Full Text:
PDFReferences
Agibayeva, S., Karazhanov, M., Muratkhanova, M., et al. (2022). Criminal and criminological aspects of combating offenses in the field of entrepreneurial activity. Journal of Legal, Ethical and Regulatory Issues, 25(S3), 1–8.
Akhtyrska, N. M. (2014). Transformation of international cooperation regarding the search for proceeds of crime: the challenge and need of the hour. Viche, 18, 2–5.
Ardelyan, T. O. (2019). Criminal law protection of business activities: international experience. Research Papers of National University “Odesa Law Academy”, 25, 12–18. https://doi.org/10.32837/npnuola.v25i0.619
Bahan, I. V. (2019). Types Of Crimes Perpetration Of Which By Law Enforcement Officer Is Of Criminal And Legal Importance. Actual Problems of Improving of Current Legislation of Ukraine, 49, 34–46. https://doi.org/10.15330/apiclu.49.34-46
Bernaz, V. D. (2012). Levels of crime investigation organization in the strategy of pre-trial investigation. Scientific Bulletin of the International Humanitarian University, 3-2012, 136–140.
Cherniavskyi, S. S. (2009). Conceptual foundations of the complex methodology of financial fraud investigation. Bulletin of NTUU «KPI», 4, 177–183.
Chornous, Y. & Leliuk, T. (2023). Organization of forensic examinations in criminal proceedings as a condition for the effectiveness of the investigation of criminal offences. Ûridičnij Časopis Nacìonalʹnoï Akademìï Vnutrìšnìh Sprav, 13(2). https://doi.org/10.56215/naia-chasopis/2.2023.50
Chornous, Y., Dulsky, O. & Morhun, N. (2023). Collection of Evidence in the Investigation of Crimes: International and European Standards. Journal of Law and Political Science, 38, 385–404.
Drozd, V. G. (2018). Legal regulation of pre-trial investigation: problems of theory and practice: monograph. Odesa: Helvetica Publishing House.
Goredema, С. (2005). Measuring the Impact of Economic Crime: Can Indicators Assist? Presented at the Eleventh United Nations Congress on Crime Prevention and Criminal Justice. URL: https://www.unafei.or.jp/publications/pdf/11th_Congress/19Presentation_2.pdf (accessed on 02 June 2024).
Halin, O. V. (2018). Investigation into the legalization (laundering) of proceeds of crime: monograph. Kherson: Helvetica Publishing House.
Kurman, O. V. (2022). Investigation of criminal offenses in the sphere of economic activity: problem issues of interaction between the investigator, specialist and expert. Juridical Scientific and Electronic Journal, 7, 386–388. https://doi.org/10.32782/2524-0374/2022-7/93
Leliuk, T. (2023). Planning of the Investigation of Criminal Offenses in the Investigation Organization System: Tactical and Psychological Aspect. Ûridična Psihologìâ, 33(2), 26–37. https://doi.org/10.33270/03233302.26
Lytvynenko, S. I. (2015). Legal responsibility of law enforcement agencies officials as the actors of anti-corruption in Ukraine. Law and innovations, 4, 102–109.
Moiseyenko, V. V. (2018). Criminal offenses in the field of economic activity as an object of criminological research. Carpathian Legal Gazette, 2(23), 113–118.
Moiseyenko, V. V. (2021). Prevention of criminal offenses in the sphere of economic activity in Ukraine [PhD thesis]. Interregional Academy of Personnel Management.
Naylor, R. T. (2002). Wages of Crime: Black Markets, Illegal Finance, and the Underworld Economy. Canada: McGill-Queen's University Press.
Oderii, A. V., Shulha, A. O. (2011). The basics of the methodology of the investigation of contract killings and murders committed during the implementation of religious rituals. Monograph. Donetsk: Donetsk Law Institute.
Official Website of the Attorney General's Office. (2024). On persons who have committed criminal offences. URL: https://gp.gov.ua/ua/posts/pro-osib-yaki-vchinili-kriminalni-pravoporushennya-2 (accessed on 02 June 2024).
Ortynskyi, V. (2017). Peculiarities of planning the investigation of crimes in the sphere of economics. Bulletin of Lviv Polytechnic National University. Series: Legal Sciences, 861, 4–10.
Pashinska, I. V. (2023). Theoretical and methodological foundations of the investigation of organized crime in the sphere of economic activity [PhD thesis]. Kharkiv University of Internal Affairs.
Pavlenko, S. O. (2022). Basics of operative and investigative tactics: a monograph. Kyiv: Lyudmila Publishing House.
Piaskovskyi, V. V., Chornous, Y. M., Ishchenko, A.V., et al. (2015). Criminalistics. Kyiv: Center of educational literature.
Sevruk, V. (2022). Characteristics of victims of crimes committed by organized groups and criminal organizations formed on ethnic basis. Visnik Nacional’nogo Universitetu «Lvivska Politehnika». Seria: Uridicni Nauki, 9(33), 197–205. https://doi.org/10.23939/law2022.33.197
Shepitko, V. Y., Konovalova, V. O., Zhuravel, V. A. (2006). Investigation of crimes in the sphere of economic activity: separate forensic methods. Kharkiv: Pravo.
Sorochan, A. V. (2020). Organization and planning of the investigation of fraud committed on the primary real estate market. Legal science, 2 (104), 454 – 461. 10.32844/2222-5374-2020-104-2.51.
Synoverskyi, A. I. (2023). Organization and planning of the investigation of criminal offenses committed by organized criminal groups under martial law. Science and perspective, 1 (20), 176–178.
Tataryn, N. M. (2022). Organization and planning of the investigation of criminal offenses as the object of scientific research. In: Proceedings of the scientific and practical conference "Theoretical and applied problems of forensic examination and criminology", Kharkiv, Ukraine. pp. 131–133.
Topchii, V. V. (2015). Planning the investigation of crimes committed by organized criminal groups. Legal Bulletin, 1(34), 169 – 174.
Trach, S. S. (2020). To certain issues of forensic characterization of criminal offenses in the sphere of economic activity. Legal Science, 2(2), 157–166. https://doi.org/10.32844/2222-5374-2020-104-2-2.19.
Verkhovna Rada of Ukraine. (2001). Law No. 2341-III. Criminal Code of Ukraine. Bulletin of the Verkhovna Rada of Ukraine, 25–26.
Volobuiev, A. F., Osyka, I. M., Stepaniuk, R. L. (2009). Interaction during the investigation of economic crimes: a monograph Kharkiv: Kursor.
DOI: https://doi.org/10.24294/jipd9071
Refbacks
- There are currently no refbacks.
Copyright (c) 2024 Vitalii Drozd, Vitalii Hahach, Oleksandr Demenko, Tetiana Leliuk, Iryna Skichko
License URL: https://creativecommons.org/licenses/by/4.0/
This site is licensed under a Creative Commons Attribution 4.0 International License.