The dissertation provides a solution to the scientific problem of measures to ensure criminal proceedings for crimes committed using non-cash transactions and offers a number of conclusions, proposals and recommendations.
An analysis of the international experience in combating crimes committed with non-cash transactions has shown that to achieve a clear and well-established mechanism of counteraction it is necessary to borrow the experience of the EU and the US, where there are specialized bodies to combat such crimes and a clear algorithm for investigating these types of criminal encroachments. In addition, techniques such as informing the public about possible fraud options and, accordingly, explaining how to behave in such situations are often used, as shown by the example of EU countries in reducing the level of such crimes.
It is determined that the essence of measures to ensure criminal proceedings is revealed through the content of each individual measure, which are provided by current regulations of Ukraine, which largely depends on the procedural activities of the participants. The main content of the procedural activity of the investigator, prosecutor and court and other bodies is the establishment of the objective truth in criminal proceedings. Without establishing the truth in the case, one cannot expect proper administration of justice.
It is suggested that measures to ensure criminal proceedings can be defined as a set of actions or means to create reliable conditions for criminal proceedings, used to achieve the ability of the investigator and prosecutor to act actively in criminal proceedings. Measures to ensure criminal proceedings not only create a mechanism for procedural activities but also, as a result of being supported by the hypothetical possibility of using state coercion, ensure the reliability of the functioning of this mechanism for the implementation of criminal proceedings and its tasks.
It has been established that measures to ensure criminal proceedings are characterized by the following features: they temporarily restrict the constitutional rights and freedoms of the person to whom they apply; the validity of the application of measures to ensure criminal proceedings, which, in our opinion, is that there must be sufficient reasons and grounds for this; measures to ensure criminal proceedings are coercive; measures to ensure criminal proceedings are characterized by such a feature as efficiency, which is that in the case of rapid and timely application of a measure to ensure criminal proceedings, we can say that its objectives will be achieved. measures to ensure criminal proceedings have an inherent purpose, namely - to ensure the achievement of the effectiveness of criminal proceedings and the solution of the problems of criminal proceedings; specific subject of application - competent state bodies and officials conducting criminal proceedings; they are applied to persons involved in criminal proceedings, etc.
In criminal proceedings for crimes committed with the use of non-cash transactions, such measures are used to ensure criminal proceedings as temporary access to things and documents, temporary seizure of property, seizure of property.
