Purpose. To highlight the problematic issues of using the expert's findings in criminal proceedings on environ mental crimes, to analyze new legislative changes regarding the procedural arrangements for conducting an expert examination in criminal proceedings, to identify their disadvantages and to provide scientifically substantiated pro posals for their solving. Methodology. The results are obtained through the application of general scientific and special research methods: systemstructural, formallogical (dogmatic), comparative, sociological, and statistical. findings. It has been established that in the criminal proceedings on environmental crimes the following types of expert testimony in court are carried out: 1) forensic environmental examinations and expert assessments in the field of environmental protection; 2) forensic examinations; 3) technical expertise; 4) other expertise. It is in these aspects that it is necessary to disclose the essence of expertise as a means of obtaining evidence in criminal proceedings on environmental crimes. The main reasons for the low effectiveness of the use of expert's findings as evidence in crimi nal proceedings about environmental crimes are as follows: improper removal and packaging during the crime scene examination, inspection of objects, search, temporary access to things and documents of objects that are subsequent ly sent by an investigator, prosecutor or counsel for conducting an expert examination in criminal proceedings on environmental crimes; failure of investigators, prosecutors carrying out investigative (search) actions to join relevant specialists who possess special ecological, biological, soilagrochemical, geological, geographic, technical and other knowledge, for the extraction and packaging of these objects; improper storage of objects that are subsequently trans ferred for examination; investigators and prosecutors' delaying the deadlines to initiate the issue of conducting an examination regarding those objects that quickly deteriorate and lose their physical properties; the lack of proper and expert expertise in the specifics of conducting expert examinations in criminal proceedings on environmental crimes. Using the method of system analysis and the formallogical (dogmatic) method of research, it is proposed to con solidate the procedural arrangements for the appointment of an expert examination in criminal proceedings, which was in force until March 16, 2018, in the current legislation of Ukraine. In order to increase the effectiveness of the implementation of the principles of competition in criminal proceedings on environmental crimes, it is proposed to supplement Art. 243 CPC of Ukraine with new provision. originality. The grouping of expert testimony in court carried out in criminal proceedings on environmental crimes has been improved: 1) forensic environmental examinations and expert assessments in the field of environ mental protection and protection; 2) forensic examinations; 3) technical expertise; 4) other expertise. The article analy...
Financial resources fraud in the banking sector is a rather socially dangerous crime, as it causes significant damage to a single bank, the entire banking system of the state, and, in general, affects the stability of the state economy. Ukraine's statistical data indicate a low effectiveness of the prosecution of such crimes. Conducted by the authors interviewing and questionnaires of bank employees, borrowers and investigators shows a high latency of these crimes, because in many cases they are committed by organized criminal groups, which often include public individuals of financial institutions, and in some cases also employees of law enforcement and other supervisory bodies. Due to the social danger and prevalence of this crime, its timely detection, investigation and disclosure is one of the priority areas for investigators. The purpose of this article is to identify the problematic issues of proof of the event of a financial resources fraud in the banking sector and to suggest ways to resolve them, which is based on the results of the analysis of the current legislation, materials of practice and scientific sources on the topic of the study. In scientific research were applied general scientific and special methods of researching (system-structural, formal-logical (dogmatic), comparative, sociological, statistical). The criminal offense is a central element of the subject of evidence. In the proof of the events of financial resources fraud, the object and subject of a criminal offense, the method of committing a crime and the circumstances of its commission are important elements, which the authors analyze in the article. As a result of the research, the authors propose a list of twenty circumstances (questions) that should be established during the investigation to prove this crime. Кeywords: seconomic criminality in Ukraine, criminality in the banking sector, financial resources fraud, criminal investigation, proof.
The article examines the features of the prosecutor's substantiation of the risk of absconding from the pre-trial investigation bodies and / or the court when applying measures related to the restriction of the constitutional rights of a person. Statistical data show a trend towards an increase in the number of cases of refusals by investigating judges to approve petitions of prosecutors as subjects of proving on the use of means of criminal procedural evidence, in particular, security measures, which indicates, among other things, the low level of validity of the petitions filed. Thus, in 2018, investigating judges refused to satisfy 5,970 petitions out of a total of 37,193 petitions for the application of precautionary measures (16.5%); in 2019 - 5,733 out of 34,780 (about 16.4%); in 2020 - 5,693 out of 31,547 (18.1%); for 2021 - 5,277 out of 30,408 (17.3%); for January-March 2022 - 799 out of 4,526 (17.6%). This is due to the fact that the problems of the prosecutor's exercise of his powers in proving in the pre-trial investigation, in particular in substantiating the presence of the risk of absconding, have not yet been subjected to a comprehensive theoretical study. The study of the practice of the European Court of Human Rights allows us to reveal the essence of the risk of absconding as a basis for the application of measures related to the restriction of the constitutional rights of a person, as well as to find out what factors should be taken into account by the prosecutor when substantiating the risk of absconding.
The article analyzes the model of absolute state monopoly on gambling on the example of the idea of the Government of Ukraine to organize a lottery market by state-owned banks. The object of the study is the process of assessing the risks and economic benefits of involving state-owned banks to the organization and conduct of lotteries. The methodical instruments of the study were general scientific and special research methods (system-structural, formal-logical (dogmatic), economic, comparative, sociological, statistical). The study period is selected from 2014 to 2021. Based on the research conducted by the authors, the inefficiency and high riskiness of the combination of banks and lottery activities, as well as its economic disadvantage for the state, is proved by the authors. The main risk from the combination of these types of activities is that the bank can use the money attracted from the population not for their direct purpose, in particular: to use funds from the banking activity and the needs of the organization of lotteries or payouts, or to use funds of the prize money to goals other than payouts. In addition, the combination of these activities leads to an increase the number of crimes in the banking sector.
Analysis findings in the field of cybercrime in the world and Ukraine as well prove a steady trend towards its growth, which causes a systematic increase in the number of victims affected by illegal malpractice of cyber criminals. This negative phenomenon violates not only citizens’ interests guaranteed by law, but also poses a threat to the national security in many countries. At the same time, international order is undermined and sustainable interstate relations are violated. Rapid information system development, speedy progress of computer software and hardware prompt numerous crimes in this field. Cybercrimes are committed by trained persons with a high intelligence level and professional knowledge in the computer technology sphere. In accordance with foregoing the issue of law approximation and the procedure of identification and recording of the mentioned illegal activity is essential to eradicate cybercrime. Considering the fact that the category of “proof” is fundamental in the theory of criminal procedure, we build in general-theoretical approaches in the basics of the analysis of the procedure of cybercrimes identification and recording to the mentioned activity in general.
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