Some problems of investigating street fraud and the ways to solve them
The subjects of the study are the problems that arise at the initial stage of the investigation of street fraud, the study is the individual problems of pre-trial investigation of street fraud and the ways of their solution. The study aims to highlight the most common problems in practice at the initial stage of the investigation of this group of fraud, and presents recommendations for their solution.
In the course of time, general scientific methods of cognition were used. The relevance of the research topic is that the main problems of investigators arise at the stage of the decision to open criminal proceedings. Difficulties are related to the fact that the investigator needs to take a key procedural decision based on the analysis of very limited information about the event.
In addition, in the context of open criminal proceedings, it is very difficult to form a system of evidence of the existence of a criminal intention in the actions of a fraudsters. Indeed, unlike other crimes, they are reflected not so much in material traces as in acts of intellectual nature: the reporting of false information, the use of fictitious documents, specific attributes, and many others. Gathering evidence of such an order requires an extraordinary level of professionalism. The investigator should not only have a high level of knowledge of the existing criminal and criminal procedural legislation, but also be aware of ways to overcome the main difficulties encountered in criminal proceedings on fraud. The novelty of the results is that the research in this direction was conducted for the first time. The main results of the study are given a number of typical problems of investigation of street fraud, as well as recommendations for their overcoming.
The results of the study can be used in the field of the criminal law cycle. The practical significance lies in the possibility of introducing the results of the research into the educational process in the presentation of the discipline “The method of investigation of crimes”, special courses, as well as in raising the skills of practical police officers.
As a result of the study, conclusions were drawn in the form of concrete proposals for addressing typical problems arising in the investigation of street fraud.
Shepitko V.Yu., 2001. Fundamentals of fraud investigation techniques [Osnovy metodiki rassledovaniya moshennichestva]. In: Shepitko V.Yu. (ed.). Forensic science. Forensic tactics and methods for investigating crimes [Ktiminalistika. Ktiminalisticheskaya taktika i metodika rassledovaniya prestuplenii]. Kharkiv: Odissei. Pp. 387-390.
Volobuev A.F., 2000. Problems of the method of investigation of property theft in the sphere of entrepreneurship [Problemy metodyky rozsliduvannia rozkradan maina v sferi pidpryiemnytstva]. Kharkiv: Vydavnytstvo Universitetu vnutrishnikh sprav.
Galaguza N.F. and Larichev V.D., 2000. Crimes in insurance: prevention, detection, investigation (domestic and foreign experience) [Prestupleniya v strakhovanii: predotvrashchenie, vyyavlenie, rassledovanie (otechestvennyi i zarubezhnyi opyt)]. Moscow: Ankil.
Kalman A.G., 2004. Economic Crime in Ukraine: Theoretic and Applied Aspects of Prevention [Zlochynnist u sferi ekonomiky Ukrainy: teoretychni ta prykladni problem poperedzhennia]. D.Sc. dissertation. Yaroslav Mudryi National Law Academy of Ukraine.
Kurman O.V., 2002. The methods of the investigation of swindling with financial resources [Metodyka rozsliduvannia shakhraistva z finansovymy resursamy]. Abstract of Ph.D. dissertation. Yaroslav Mudryi National Law Academy of Ukraine.
Minenko A.I., 1999. Problematic issues in the investigation of crimes committed by organized crime groups in the banking sector [Problemnye voprosy rassledovaniya prestuplenii, sovershaemykh organizovannymi prestupnymi gruppami v bankovskoi sfere]. Ph.D. dissertation. Moscow Institute of the Ministry of Internal Affairs of Russian Federation.
Polyvanyuk V.D., 2008. Investigation of Ukrainian bank system crime, committed by means of modern informational technologies [Osoblyvosti rozsliduvannia zlochyniv, vchynenykh u bankivskii systemi Ukrainy z vykorystanniam suchasnykh informatsiinykh tekhnolohii]. Abstract of Ph.D. dissertation. Kyiv National University of Internal Affairs.
Cherniavskyi S.S., 2003. Offenses in the area of bank lending (issues of investigation and prevention): training manual [Zlochyny u sferi bankivskoho kredytuvannia (problem rozsliduvannia ta poperedzhennia)]. Kyiv: Yurinkom Inter. (Ed.: Dzhuuzha O.M.).
Gross G., 2002 Guidance for forensic investigators as a forensic system [Rukovodstvo dlia sudebvykh sledovatelei kak Sistema kriminalistiki]. New ed., reprint. from 1908. Moscow: LeksEst. Pp. 460-487.
Volobuev A.F. and Pazynych T.A., 2003. Problematic issues investigating certain types of fraud [Problemni pytannia rozsliduvannia okremykh vydiv shakhraistv]. Visnyk Luhanskoi akademii vnutrishnikh sprav MVS Ukrainy imeni 10-riichchia nezalezhnosti Ukrainy – Bulletin of Luhansk Academy of Internal Affairs named after the 10th anniversary of the independence of Ukraine, Iss. 3, pp. 124-131.
Copyright (c) 2018 K. D. Zaiats
This work is licensed under a Creative Commons Attribution 4.0 International License.