In the dissertation there is the theoretical generalization and a new solution of the scientific task which consists in the development of measures for the formation and implementation of preventing crimes strategy in economic activity.
The author has found out one of the organizational and legal determinants of economic crime: the poor effectiveness of law enforcement bodies’ activity is caused with artificially attributing to the statistical reporting of mercenary crimes against property (in particular, fraud) to economic crimes and focusing exclusively on those crimes that enable them to achieve desired results and efficiency of work (gambling, illegal manufacturing, storage, sale or transportation for the purpose of selling excisable goods and violation of operations with metal scrap).
The author has elaborated measures for the formation and implementation of a strategy for preventing crimes in economic activity, which are primarily in the criminological dimension of the latency of such crimes and the readiness of law enforcement agencies to transfer crimes in the field of economic activity to a new quality - to criminal offenses and administrative delicts.
He has proved that the effective measure of prevention crimes strategy in economic activity is the exclusion of them from the list of grave and especially grave crimes, which will allow to apply to persons who have committed crimes in economic activity and measures of criminal legal impact, not related to with punishment.
The author has improved criminological science provisions concerning the economic offender’s portrait. It’s, as a rule, a male persons aged from 30 to 50 who at the time of committing crime never worked and did not study, about 60% of them have full comprehensive secondary education; 20% - vocational; 15% - higher (before more than half had one or more higher education).
He has found out that the number of crimes in economic activity is constantly decreasing. He has proved that there is an explicit increased latency, which is explained by a number of reasons. Criminal legal and criminological support of the economy are mainly aimed at preventing various types of offenses and crimes by both the entrepreneurs themselves and preventing any encroachment on their own. With this approach, criminological science has broader theoretical and methodological capabilities than any other legal science. This is explained by the fact that criminology as a science accumulates, incorporates practically all branches of knowledge (and not only legal nature) to achieve the unique goal - the protection of economic relations of the state, a certain branch of economy, a separate legal or physical entity from crimes.
Analysis of the state of preventive work of the actors of counteraction to economic crime shows that at present the prevention of crime in economic activity is paid insufficient attention. The reason for the current situation is general for preventive action, since all efforts of law enforcement agencies are mainly aimed at stopping and disclosing specific crimes.
The author has found out that prevention of crimes in economic activity is possible only on the basis of a set of measures aimed at overcoming all economic crime, elimination of factors contributing to committing crimes in the field of economic activity. These are economic measures, a complex of organizational, technical, legal and educational measures.
He has proved that effective criminal and legal measures for prevention of crimes in economic activity is the exclusion of a fine from Art. 12 of the Criminal Code of Ukraine as a criterion for the division of crimes according to the severity of the gravity, the average, grave and especially grave crimes and the possible decriminalization of all Section VII of the Special Part of the Criminal Code of Ukraine regarding the attribution of such crimes to criminal offenses and administrative delicts.
The author has offered a differentiated approach to the use of a fine as a form of punishment for crimes in economic activity - if such a crime is committed by a person who carries out business activity without the formation of a legal entity, and the volume of profits does not exceed UAH 100 thousand. per annum, property sanctions should be significantly lower than those pertaining to the entrepreneur or the founder, the owner of a business entity whose profits exceeds 100 thousand UAH. Such an approach will be differentiated and will not restrict rights of small and medium businesses in the country.
