Obal O. Interaction of law enforcement, control and other bodies in the investigation of economic crimes

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102505

Applicant for

Specialization

  • 081 - Право. Право

08-10-2021

Specialized Academic Board

ДФ 64.051.025

V.N. Karazin Kharkiv National University

Essay

The dissertation is a monographic study of the main problematic issues related to the organization and legal regulation of the interaction of law enforcement, regulatory and other bodies in the investigation of economic crimes. Based on the analysis of investigative practice, regulations and special literature, it is stated that the interaction of law enforcement and regulatory authorities in the investigation of economic crimes is based on two factors - features of the cognitive process (object, consequences, atmosphere, form of proof) and mechanism of commission economic crimes. The psychological aspect of the interaction of the subjects of pre-trial investigation, the effectiveness of which depends on the consideration of interpersonal relationships, has been studied. Normatively established procedure for providing and executing instructions of the investigator to the operational units to conduct investigative (search) actions, which contributes to the establishment of psychological contact between the investigator and the operative. At the opening of criminal proceedings and the beginning of the pre-trial investigation of economic crimes, the interaction of the investigator with the operational units is determined by the nature of the cognitive methods and investigative situations used. Operational search activity is a relatively independent type of activity, has a clear search focus and is expressed in the rapid, without the implementation of formal procedural procedures, the search for information about criminal activity and its subjects. Investigative situations are of key importance - they are crucial not only for solving purely procedural issues of criminal proceedings, but also for the choice of cognitive and certifying techniques and methods that are implemented during operational and investigative activities and investigative (investigative) actions. It is emphasized that because economic crimes are carefully concealed and committed under the guise of economic relations, the investigator's interaction with operatives is one of the key points in obtaining appropriate and admissible evidence gathered by the prosecution. It is stated that the effectiveness of public investigative (search) actions largely depends on the proper interaction of the investigator with the staff of operational units. First of all, it is a question of work with documents in which economic crimes are reflected, definition of their list, withdrawal and their use further as proofs. Attention is drawn to the fact that granting the CPC of Ukraine powers to investigators that previously belonged to operatives (the right to conduct NSDS), as well as limiting the scope of powers of operational units in practice, caused a number of problematic issues in their interaction. It is noted that the interaction of investigators and operatives, in addition to the cognitive aspect (obtaining information about the crime) has a security aspect, which is manifested in the timely detection and elimination of opposition to the investigation.

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