Korshun O. Theoretical and praxeological principles of methods of investigation of criminal offenses in the field of real estate

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103814

Applicant for

Specialization

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

17-09-2021

Specialized Academic Board

К 26.142.05

Private Joint-Stock Company "Higher Educational Institution" Interregional Academy of Personnel Management "

Essay

In the dissertation at the monographic level theoretical and practical features of a technique of investigation of criminal offenses in the field of real estate are investigated. The state of scientific elaboration of problems of counteraction to criminal manifestations in the sphere of real estate is determined, the basic scientific categories and concepts are considered, and also constituent elements of the criminological characteristic of criminal offenses of this category are outlined and characterized. The problems of the initial stage of the investigation of criminal offenses in the field of real estate, committed by fraud and abuse of trust (fraud), the list of circumstances to be established. Attention is paid to the peculiarities of proving the existence of intent aimed at taking possession of real estate. The organizational and tactical features of the investigation of murders related to the seizure of real estate are revealed. A set of measures aimed at searching for missing persons is proposed, the relationship between the facts of disappearance or murder of the victim and the acquisition of property rights to his real estate is outlined. The list of initial investigative situations that arise during the investigation of the facts of a person's disappearance and extortion of real estate rights is given, and the directions of law enforcement actions for each situation are determined. The organization and tactics of conducting separate investigative (search) and other procedural actions aimed at extracting information from material objects (inspection, search, temporary access to things and documents), personal (interrogation of a suspect, victim and witness) and mixed (before phenomena for identification) sources. Tactical mistakes and miscalculations made by investigators during investigative (search) actions were revealed. Forms of use of special knowledge at investigation of criminal offenses in the field of real estate are allocated. A number of specific proposals and recommendations aimed at improving the practice of investigating criminal offenses in the field of real estate have been formulated, and certain scientific categories have been clarified.

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