Open AccessTHE QUESTIONS OF DETERMINING THE PURPOSE OF A SEARCH IN THE PROCESS OF CRIMINAL BANKRUTCY INVESTIGATION
Author(s) -
A. D. Marushev
Publication year - 2020
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/3919115
Subject(s) - bankruptcy , criminal investigation , criminal procedure , perfection , order (exchange) , process (computing) , political science , law , criminology , psychology , computer science , business , philosophy , epistemology , finance , operating system
The article is devoted to the economic crime investigations, namely criminal bankruptcy. The urgency of the topic is also due to the fact that the problem of investigating of economic crimes, namely criminal bankruptcy, is one of the most complex in the fight against economic crime and is latent. On the basis of investigations of forensic tactics, the perfection of the application of the procedural order and the tactics of conducting investigative (search) actions, especially the search, and the use of their results in proving, was continued.Determining the purpose of a search in the pre-trial investigation of crimes related to criminal bankruptcy is one of the priorities of both criminal procedural law and criminalistics. It is argued that in the process of planning criminal investigations from criminal bankruptcy it is necessary to trace the relationship between the things (items) of the search and the objects in which they may be hidden.The article formulates and proposes the typical goals of searching documents in the course of a search for investigators in criminal bankruptcy investigations, which include: from the materials of the investigation of criminal bankruptcy it follows that the documents contain information that can be used as evidence of the fact of committing criminal bankruptcy; the materials of the criminal proceedings show that the documents contain factual data about the unlawful acts of someone; from the materials of criminal proceedings it is evident that for a number of business operations falsified accounting documents were issued and there is a need for judicial expert examination (handwriting, technical examination of documents, etc.); the materials of criminal proceedings indicate the need for judicial and economic expertise; the criminal proceedings show that the documents reflecting the economic activity of the debtor enterprise have factual data on the transfer of assets of the enterprise and it is possible to identify the places of their concealment and the persons who received this property; from the materials of criminal proceedings it is seen that in personal documents, persons involved in committing crimes of criminal bankruptcy are actual data on the transfer of tangible assets (assets of the enterprise) to individual citizens for safekeeping.It is proved that without determining the purpose of the search, it is impossible to purposefully carry out search actions of separate documents containing information about the circumstances of committing criminal bankruptcy, finding material and material values that were obtained as a result of its commitment.