Tyutyunnik R. Investigation of legalization (laundering) of property obtained by criminal means, committed by an organized group (criminal organization)

The dissertation on competition of a scientific degree of the doctor of philosophy on a specialty 081 – the Law. – National Academy of Internal Affairs, Kyiv, 2023. In the dissertation, for the first time at the monographic level, the forensic characteristics and features of the investigation of crimes on the legalization (laundering) of property obtained by criminal means, committed by an organized group (criminal organization) are comprehensively investigated. The legalization (laundering) of property obtained by criminal means, committed by an organized group (criminal organization), being in immanent connection with a criminal act, which became the source of the proceeds of legal property into criminal circulation, from the point of view of criminalistics, is a specific form of concealment of a predicate criminal offense, having a number of common elements that determine the mechanism of committing these acts. Actively polemicizing with researchers who proposed various options for the criminalistic characteristics of the legalization (laundering) of property obtained by criminal means, committed by an organized group (criminal organization), their own position is justified, according to which the structure of the criminalistic characteristics of this group of criminal offenses contains the following elements: - method (preparation, commission and concealment) of a criminal offense; - features of the trace formation mechanism; - features of the subject of legalization; - peculiarities of the situation of committing a criminal offense (factors contributing to the commission, space-time conditions for committing a criminal offense); - features of the subject of criminal encroachment. The design of the mechanism of legalization (laundering) of property committed by an organized group (criminal organization) includes an integral connection with a predicate act, demonstrates its duration, multi-stage and serial nature, which determines the presence of careful preparation for a criminal offense. Preparatory actions should be differentiated into actions of a strategic nature (aimed at organizing criminal activity, thinking over the strategy for its implementation) and actions of a current nature that ensure the effectiveness of the next property operation aimed at giving legitimacy to what was previously in illegal trafficking.