scholarly journals Features of the initial stage of investigating fraud with financial resources in cyberspace

2021 ◽  
Vol 10 (41) ◽  
pp. 141-150
Author(s):  
Oleg Reznik ◽  
Andrii Fomenko ◽  
Andrii Melnychenko ◽  
Natalia Pavlova ◽  
Andrii Prozorov
Keyword(s):  
Financial Resources ◽  
Specific Knowledge ◽  
Semantic System ◽  
Scientific Cognition ◽  
Significance Analysis ◽  
Internet Fraud ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Logical Semantic ◽  
Information Coverage

The article aims to characterize the forensic features of the initial stage of investigating fraud with financial resources in cyberspace, its significance, analysis, and justification as a type of cybercrime that is dangerous for everyone, and prove the need for urgent measures to prevent and combat such criminal offenses. The authors used several methods of scientific cognition: logical-semantic, system-structural, analytical, formal-legal, forecasting, dialectical, interpretation, and hermeneutics. The article focuses on the general provisions of the forensic characteristics of Internet fraud with financial resources; analysis of the information model of the mechanism of committing fraud with financial resources in the field of computer information; coverage of the tactical features of individual investigative actions at the initial stage of the investigation of fraud with financial resources in cyberspace. It was concluded that the effectiveness of combating Internet fraud and the level of cybersecurity in Ukraine is very low. Therefore, the investigation of fraud with financial resources in cyberspace requires in-depth specific knowledge from the subjects of the investigation.

scholarly journals TYPICAL INVESTIGATORY SITUATIONS AND TACTICAL TASKS WHEN INQUIRING INTO THE CRIMINAL PROCEEDINGS ON FINANCIAL RESOURCES FRAUD

2020 ◽  
pp. 135-139
Author(s):  
P. O. Hryhorovych
Keyword(s):  
Financial Resources ◽  
Specific Situation ◽  
Criminal Proceedings ◽  
Bank Account ◽  
Criminal Offense ◽  
Tax Legislation ◽  
Criminal Offenses ◽  
Initial Stage ◽  
The Moment ◽  
Source Of Information

The article proposes the tactics of actions of the investigator (head of the investigative unit) of the bodies, which exercise control over the observance of tax legislation, based on the nature of the known circumstances about the criminal offense and persons involved in its commission. The following investigative situations were distinguished by the results of consideration of allegations and reports of criminal offenses: signs of a crime were found to be the basis for entering information in the Unified Register of Pre-trial Investigations and the commencement of pre-trial investigation; no crime was detected, why to carry out verification measures in view of Part 1 of Art. 214 of the CPC of Ukraine and in accordance with the Law of Ukraine “On Operational Investigation Activities”; the fact of committing a criminal offense is not confirmed by the materials of the audit (with the conclusion drawn). It is emphasized that the source of information about the identity of the offender can be considered the search for witnesses, forensic investigation of documents that fixed the registration of the movement of funds from the moment of their unlawful withdrawal from the bank account before carrying out operations on their legalization (laundering). It has been determined that the development of forensic methods of investigation of fraud with financial resources are dominant tactical tasks, while others are subordinate. The analysis of investigative practice shows that cognitive tactical tasks of investigation differ from each other not only in content but also in degree of complexity and, accordingly, by means of solution. It is concluded that the complex application of procedural, operational, search and organizational measures to solve the tactical tasks of the initial stage of investigation of fraud with financial resources are not exhaustive, since it is impossible to formulate universal investigation schemes applicable in any case, how it is impossible to predict the actions of criminals in advance. Therefore, each specific situation of investigation requires the investigator, first of all, creative activity within the framework of criminal procedural regulation on the basis of the generalized practices in science, theoretical provisions and methodological recommendations.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

scholarly journals The First Pazyryk Mound: the History of the Initial Stage of Study

2021 ◽  
pp. 80-84
Author(s):  
O.V. Styazhkina
Keyword(s):  
The State ◽  
Financial Resources ◽  
Burial Mound ◽  
Archaeological Heritage ◽  
Initial Stage ◽  
History Of ◽  
Scientific Value

The article describes the period in the study of the archaeological heritage of Altai, preceding the opening of the First Pazyryk burial mound. The substantiation is given why this particular object was chosen by the Altai expedition of the State Russian Museum for research. The article presents the memories of the participants of the excavations, including from archival sources, giving us an idea of the difficulties they had to face directly during the work and during the transportation of the finds, with a lack of labor and financial resources. The article also identifies the main publications, which reflected the results of the study of the First Pazyryk mound. The work highlights the topic of discussion that arose between M.P. Gryaznov, S.I. Rudenko and S.V. Kiselev on the dating of the monument, as well as between the members of the expedition regarding the introduction of all the obtained material into scientific circulation. The article makes an attempt, relying on existing publications and drawing on archival sources, to consider the history of the initial stage of the study of the First Pazyryk mound, which gave material that is absolutely exceptional in terms of abundance, diversity and scientific value, and still attracts the attention of researchers.

Lawyers request a procedural document in a court proceeding

2020 ◽  
pp. 96-102
Author(s):  
Volodymyr Hromko
Keyword(s):  
Law Enforcement ◽  
Practical Problem ◽  
Practical Experience ◽  
Criminal Code ◽  
Practical Relevance ◽  
Law Enforcement Agencies ◽  
Scientific Cognition ◽  
Legislative Framework ◽  
Court Proceeding ◽  
Logical Semantic

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer's request, more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request. Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience. The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others. Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time. An alternative is proposed to remedy and resolve issues related to this issue. Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer's tool such as a lawyer's request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine "On Advocacy and Legal Activities", as well as in the Criminal Code and Criminal Procedure Ukraine.

scholarly journals ШЛЯХИ ВДОСКОНАЛЕННЯ ПОЧАТКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ

2019 ◽  
Vol 13 ◽  
pp. 175-184
Author(s):  
Ю. П. Аленін
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Initial Stage

Стаття присвячена дослідженню проблем початкового етапу стадії досудового роз­слідування — нового процесуального інституту, який введений замість процедури пору­шення кримінальної справи, що існувала. Об'єктом дослідження є позитивні та негативні аспекти появи пропонованого новим КПК України процесуального порядку початку до-судових розслідувань кримінальних правопорушень.   The article is devoted to research the problems of the initial stage of pre-trial investigation phase, a new proceeding Institute, that was introduced instead of existed criminal proceedings. The object of research is predicted positive and negative aspects of appearance offered by a new Criminal Procedure Code order of initial stage of pre-trial investigation phase of criminal offenses.

scholarly journals Investigative activities of operational units in the detection of criminal offences in the sphere of subsoil exploitation and protection

2021 ◽  
Vol 10 (46) ◽  
pp. 176-183
Author(s):  
Yurii Yermakov ◽  
Dmytro Shumeiko ◽  
Oleh Tarasenko ◽  
Maryna Voloshyna ◽  
Sergii Chyzh
Keyword(s):  
Research Methodology ◽  
Logical System ◽  
Search Activity ◽  
Legal Research ◽  
Criminal Offense ◽  
Research Results ◽  
Scientific Cognition ◽  
Criminal Offenses ◽  
General Scientific ◽  
The Subject

The purpose of the article is to determine the features of the search for signs of criminal offenses in the sphere of subsoil exploitation and protection. The subject of the study is the search activities of operational units in this area. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical-legal, formal-logical, system-structural, generalization, comparative-legal. Research results. The elements of search activity of criminal offenses in the area of subsoil exploitation and protection are established. Practical meaning. The most likely places of search and objects containing information on wrongfulness of the acts in the indicated sphere are identified. Value / originality. It is proved that process of detecting criminal offenses and those who prepare or commit them is based on the knowledge of the event of criminal offense by subtraction from the environment the changes that have arisen in connection with its preparation or commission of the traces left on the environmental elements, such as objects and documents.

scholarly journals Typical investigatory situations in investigation of group violations of public order

2020 ◽  
Vol 3 (3) ◽  
pp. 299-303
Author(s):  
Denys Usatkin
Keyword(s):  
Police Officers ◽  
Public Order ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Course Of Action ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Forensic Scientists ◽  
Tactical Decisions

The scientific article is devoted to covering some aspects of the investigation of a group violation of public order. The essence and system of typical investigative situations of the specified actions for their faster and more effective investigation are considered. It is noted that the activities of law enforcement officers should have a specific structure, which will vary depending on the specific circumstances that occur in the investigation of certain criminal offenses. That is, the algorithmization of the criminal proceedings for a particular category of offenses should be the main task of forensic scientists. At the same time, it is necessary to understand that it is impossible to build an algorithm of actions without identifying certain situations that may arise during the investigation. Criminal proceedings for group violations of public order are no exception. These acts violate public order and are quite difficult to distinguish from the accompanying acts: riots and hooliganism. And it is thanks to the correct course of action of police officers at the initial stage of the investigation that the greatest possible amount of evidence will be gathered. The author supports the position of scholars who formulate a typical investigative situation as a set of conditions that are objectively formed in the investigation of criminal offenses, create a unique situation at a given time, which poses the investigator the problem of choosing the appropriate course of action and tactical decisions. After analyzing the above situations and factors influencing their formation, as well as materials of criminal proceedings, the author formulated the following typical investigative situations in the investigation of a group violation of public order: persons who committed a group violation were detained at the scene, the victim witnesses, eyewitnesses and available material traces of a criminal act; persons who have committed a group violation of public order, disappeared from the scene and are known only by appearance, available witnesses and material traces of a criminal act; traces of illegal actions were found, the offenders are unknown, witnesses were found at the scene.

scholarly journals THE IDENTITY OF THE OFFENDER AS AN ELEMENT OF THE FORENSIC CHARACTERISTIC OF THE CRIME

2020 ◽  
pp. 187-190
Author(s):  
Yu. A. Chaplynska
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Relevant Information ◽  
Scientific Article ◽  
Forensic Investigation ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Crime Investigation ◽  
Characteristic Features ◽  
Investigation Process

The scientific article deals with some aspects of crime investigation. The identity of the offender is considered as an element of forensic characteristics. Investigating the identity of the offender provides the investigation with a number of additional features. The identity of the offender as an element of forensic characteristics is a set of socially significant features and attitudes that characterize a person guilty of violating the criminal law, in combination with other conditions and circumstances affecting his criminal behavior. In particular, the information about it allows to distinguish the data necessary for the organization of the most effective search of the person who committed the crime, and subsequently – its exposition, provide elimination of the causes and conditions of committing criminal offenses and their recidivism. And during the conduct of investigative (search) actions – the possibility of effective establishment of psychological contact, the use of appropriate tactical techniques. In order to construct an effective forensic characteristic, elements must be identified that have a clear investigative focus and can help determine further directions of the investigation. Therefore, it is indisputable to distinguish in the structure of forensic characteristics of crimes such component as the person of the offender. By identifying its characteristic features, it becomes possible to build versions at the initial stage of the investigation, to use certain tactical techniques in the course of procedural actions. A forensic investigation of an individual consists of establishing forensically relevant information about the offender and other participants in the investigation process. Investigation of the identity of the offender as an element of forensic characteristics, allows to accumulate in the portrait of the likely offender his characteristic features. Creating a forensic portrait is important enough for the whole investigation process. In any case, it allows you to put forward certain versions and search for the person who disappeared from the scene, as well as the possibility of qualitative procedural actions.

scholarly journals Rule of law in the context of judicial reform as a direction of ensuring the accessibility of administrative proceedings

2021 ◽  
Vol 39 (69) ◽  
pp. 707-716
Author(s):  
Vyacheslav Tylchyk ◽  
Olena Riabchenko ◽  
Khrystofor Yarmaki ◽  
Yurii Riabchenko ◽  
Viktor Leschynsky
Keyword(s):  
Rule Of Law ◽  
Functional System ◽  
Comprehensive Analysis ◽  
Judicial Reform ◽  
The Rule Of Law ◽  
Scientific Cognition ◽  
Full Compliance ◽  
Administrative Procedures ◽  
Administrative Proceedings ◽  
Logical Semantic

The objective of the study is to analyze the rule of law in the context of the implementation of reforms of the judiciary, the judiciary, and related legal institutions as a direction to ensure the accessibility of administrative justice in Ukraine, revealing its relationship and interdependence. The study found that the availability of administrative procedures is provided by the requirements of all these generic subsystems of the principles that determine modern standards of activity in European countries. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions. During the research, scientific cognition methods were used: terminological, logical-semantic, functional, system-structural, logical-normative, comparative. They highlight in the conclusions that the study found that the amendments to the Constitution of Ukraine in the context of judicial reform made it possible to revise the classical principles of the judiciary, but there are still important unresolved aspects to ensure full compliance with the rule of law, its specification in the constitutional provisions and legislative acts of Ukraine of substantive and procedural content, among other aspects.

scholarly journals Administrative offense as deterrent to prove objective aspect in criminal proceedings

2021 ◽  
Vol 10 (45) ◽  
pp. 99-104
Author(s):  
Ihor Paryzkyi ◽  
Oleksii Humin ◽  
Serhii Matvieiev ◽  
Olha Marchenko ◽  
Alina Chukaieva
Keyword(s):  
Research Methodology ◽  
Criminal Proceedings ◽  
Scientific Cognition ◽  
Modeling Methods ◽  
Criminal Offenses ◽  
General Scientific ◽  
Illegal Acts ◽  
Legal Accountability ◽  
Practical Implications ◽  
Objective Aspect

The purpose of the article is to study administrative offense as a deterrent to proving the objective element in criminal proceedings. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, epistemological, logical and semantic, system and structural, normative and dogmatic, monographic, legal modeling methods. Research results: The article examines the problems of co-existence of administrative and criminal offenses. The signs of delimitation of these illegal acts are determined, as well as difficulties in defining and differentiating between administrative and criminal offences are established, which creates legal gaps and conflicts. The problem of administrative offense as a deterrent to proving the objective element in criminal proceedings is described. Practical implications: The main obstacles to legal accountability related to the consideration of administrative offenses are identified. Value / originality: The ways to overcome the above problems are proposed.

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