Право і безпека (Jun 2024)
Methods of committing criminal offences related to raiding
Abstract
The mechanism of criminal activity consists of various elements that require a thorough study in the process of understanding the event of a criminal offence, i.e. during the pre-trial investigation. It consists of a large number of elements that are determined by the type of criminal offence and the specifics of the criminal activity of a particular person or group of persons. An obligatory element that requires a thorough study during theoretical research and in the course of cognitive activity of an investigator, detective or coroner is the method of committing a criminal offence. The method is an independent and compulsory element of the forensic characterisation of any type of criminal offence, and the need to cognise it is due to the need to present the information model of the illegal activity (actions) of a raider or a group of raiders, on the basis of which other elements of certain forensic techniques will be built. Given that the method embodies the objective side of a criminal offence, the complexity of its establishment and proof in the cognitive activity of an investigator, detective, coroner, therefore, in the context of cognition of raiding, it is subject to a thorough study. Based on the textual analysis of criminal law provisions, generalisation of theoretical developments, statistical data and law enforcement practice, the article establishes that criminal offences related to raiding are numerous, and the methods of their commission are mostly two-component and include actions related to preparation and direct commission. The mandatory features of each of the criminal offences under study are: 1) the use of pseudo-legal mechanisms, which may include the use of forged documents, seals, stamps, conclusion of fictitious transactions, etc.; 2) the focus, which is not on the simple acquisition of objects or certain assets of a business entity, but on the rights to an enterprise, institution, organisation with its production facilities, etc. The peculiarities of preparation for a raider seizure, peculiarities of preventive activities of this type of illegal activity are determined, and the role of the Office for Combating Raiding in this area is defined. Prospects for further research within the framework of the studied issues are outlined.
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