Leshchuk K. Criminalistic character and the main principles of the investigation of crimes committed in the securities market.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U005311

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

05-07-2012

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The thesis is a complex monographic study of the criminalistic characteristics of crimes committed in the securities market and the main principles of its investi-gation. In particular, based on the generalization of the criminal cases materials and analysis of scientific papers the criminalistic classification of crimes committed in the securities market, is made taking into account the division of crimes into the basic ones and additional. Besides the given crimes depending on the position of the securities in the mechanism of its commitment are classified into two groups: 1) crimes in which securities become the subject of encroachment; 2) crimes in which securities become the means of another's property possession. Concerning the classification groups typical ways of commitment of the given category crimes are defined. As the key element of the criminalistic character of crimes committed in the securi-ties market, the peculiarities of the securities as the subject of given variety of crimes are defined. It is marked that the securities can be, on the one hand, as the subject of encroachment and on the other hand, as means of another's property possession ( in case of its falsification). According to it the character of the ways of the given crimes commitment is made (the enumeration of typical ways is given). It is noticed that peculiarities of the circumstances of the crime commitment are determined by the special features of the legal regulation of the securities circulation in Ukraine. Also, on the ground of generalization of the case material the identification of the criminal is formed - in dependence on the degree of having special knowledge in the field of the securities circulation they are divided into "professional" and "casual" swindlers.

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