The thesis is a criminological research into crime in the sphere of residential real estate turnover in Ukraine. It is established that a significant number of individual crimes and systematic criminal activity create an independent type of crime. As a certain system, crime in the sphere of residential real estate turnover is divided into two large subsystems: crime in the sphere of rent of residential real estate and crime related to infringement on the ownership right on residential real estate objects in the process of conclusion of other types of civil legal agreements (for example, buying-selling, barter, deed of gift etc.). It is argued that depending on the aim of perpetration, crimes in the sphere of residential real estate turnover can be theoretically divided into two groups: the primary crimes aimed at the execution of criminal intent, namely appropriation of funds and residential real estate or acquisition of the mentioned property (fraud and extortion); and concomitant ones, i.e. crimes connected with the commitment of a primary crime and, as a rule, aimed at the facilitation of their commitment or hiding the consequences of criminal acts (forgery, personal injury, bribery etc.). Depending on the target of infringement, crimes in the sphere of residential real estate turnover can be divided into the following groups: the ones aimed at appropriation of victims’ funds, and the ones aimed at acquisition of ownership on residential real estate object. The analysis of empirical data has revealed that the dynamics of criminality in the sphere of residential real estate turnover has a stable tendency of growth in the number of committed crimes. The thesis highlights the high level of latent criminality in the sphere of residential real estate turnover and group character of criminality in the sphere of residential real estate turnover, which has a constant tendency of improvement of level of criminal proficiency, internal organization, professionalism, technical equipment, etc.; and the tendencies of recidivism growth. When giving a criminological characteristic of personality of individuals who commit crimes in the sphere of residential real estate turnover, the classification of such individuals has also been made. Thus, based on social role functions of individuals who participate in residential real estate turnover, the following groups can be singled out: persons who directly conduct professional activity in the sphere of residential real estate turnover (realtors, etc.); persons who conduct professional activity in the sphere of residential real estate turnover indirectly (notaries, attorneys, housing office staff, etc.); owners of residential real estate objects or a person who lawfully uses residential real estate object; and other persons. Based on the social status, which increases the level of victimhood, the following classification of victims of crimes in the sphere of residential real estate turnover has been made: aged individuals; alcohol abusers; individuals who do not live within residential real estate object; potential buyers and sellers of residential real estate objects; landlords and tenants of residential real estate objects. In addition, the “high-risk group” category, i.e. individuals who have higher level of victimhood, has been singled out. This group includes aged individuals; alcohol abusers; individuals, who do not live within residential real estate object for various reasons. It has been shown that the entire set of factors that determine the state of criminality in the sphere of residential real estate turnover can be divided into the following groups: socio-economic, organizational and legal. The analysis of empirical data has indicated eight typical modi operandi of frauds in the process of conclusion of different types of agreements of civil nature (except rent) and two modi operandi in the sphere of rent of residential real estate. Unlike fraud, it is not possible to discharge several ways of committing such a socially dangerous act as extortion of property rights. In fact, there exists a single modus operandi that is modified depending on the situation that contributes to the offense, or, vice versa, complicates the complete execution of criminal intent. In line with the results of research, scientifically substantiated guidance for prevention of crimes in the sphere of residential real estate turnover is suggested, which include social and economic bases of crime prevention and measures of victimological prevention. Special attention has been drawn to the improvement of current legislation that regulates relations in the sphere of residential real estate turnover, as well as to the measures aimed at the modernization of state authority bodies, the activity of which is aimed at the prevention of criminality in the sphere of residential real estate turnover in Ukraine.
