The thesis proposes a new solution to the scientific problem related to the formation of a methodology for investigating fraud with bank cards.
The author has analyzed the scientific approaches to the formation and implementation of forensic characteristics as an integral element of the methodology for investigating bank card fraud. It has been proposed that the criminalistic characterization of bank card fraud should be understood as a systematic description of the regular features of the elements of the mechanism of committing this type of illegal activity, which plays an indicative role in making procedural decisions by the pre-trial investigation body and conducting procedural actions in criminal proceedings in the context of information deficit. The author has shown that the structure of the forensic characterisation of bank card fraud is primarily determined by the peculiarities of the criminal law characterisation of this type of criminal offences and the mechanism of their commission. It has been argued that the elements of the forensic characterisation of bank card fraud are: 1) typical methods; 2) time, place, environment and typical traces; 3) identity of the offender and identity of the victim.
It has been established that fraudulent schemes with bank cards are characterised by a great variety. It has been substantiated that the methods of committing bank card fraud are full-structured and include typical actions for preparation, direct commission and concealment of these criminal offences.
It has been stated that time, place, environment and typical traces of bank card fraud are mandatory and informative elements of the forensic characteristic. It has been found that the criminal offences under study are characterised by a wide geography and cover all regions of Ukraine. At the same time, the criminals may actually be located outside Ukraine. The author has established that the time of committing bank card fraud depends on the specific fraudulent scheme and may coincide with: banking hours of banking institutions, time of withdrawal of funds from ATMs, time of online purchases, time of registration of "assistance (social payment)", etc. The situation of committing fraud with bank cards has been determined. The author has identified and characterised typical traces of bank card fraud: 1) material traces (mobile phones, computer systems, laptops, WI-FI routers, skimming devices, bank cards, documents (both official (documents that form the banking file; statements (in electronic and paper form) on the movement of funds in bank accounts; other documents containing banking secrecy and personal data) and draft records), cash, special literature); 2) digital traces (information about mobile phone numbers to which the SMS service of informing about cash flows on bank accounts is connected, IP addresses, GPS coordinates and MAC addresses from which the Web banking was accessed; correspondence in messengers, social networks; accounts in social networks; posts on social networking pages; video recordings (photographs) from surveillance cameras, including ATMs; etc.); 3) ideal traces (mental images in the memory of victims of fraudulent schemes; fraudsters; persons informed about certain circumstances of a criminal offence; knowledgeable persons; law enforcement officers who detected and stopped the illegal activities of fraudsters, etc.)
It has been determined that the identity of the perpetrator and the identity of the victim are important elements of the forensic characterization of bank card fraud from the information aspect, since their knowledge allows timely adjusting the investigation plan, putting forward certain versions and determining the ways to verify them, taking into account the predicted options for post-criminal behaviour of participants in fraudulent schemes. The author has established that the personality of a criminal includes demographic data, moral and psychological characteristics. The author has highlighted that a victim of bank card fraud can be both an individual and a legal entity which has suffered damage as a result of this criminal offence. It has been established that legal entities affected by bank card fraud are not only banking institutions, but also non-banking financial institutions and postal operators (Nova Poshta, Ukrposhta, Meest Express, Delivery Group, etc.). The author has identified and characterised the signs of an individual who is a victim of bank card fraud.
