CONCERNING THE NEED FOR IMPROVEMENT OF THE METHODOLOGY OF INVESTIGATING FRAUDS AND DEVELOPMENT OF METHODS OF INVESTIGATION OF ITS INDIVIDUAL TYPES

Oleksiy Humin, Viktoriia Zarubei, Olha Rymarchuk

Abstract


Nowadays in a difficult economic situation, frauds have become widespread in Ukraine in various spheres of human life. Increase in the number and quality of such crimes leads to significant losses of financial resources not only of citizens but of the state as a whole. Therefore, an important issue for our nowadays is the study of the mechanism of rapid, complete, and effective investigation and prevention of such crimes. In Ukraine, there is an active awareness of the population about the ways of committing such crimes and creating measures to protect confidential information. However, official statistics show a significant amount of fraud and an insufficient level of their disclosure. One of the reasons is the obsolete methods of investigating fraud and the lack of methods for investigating certain types of it. The aim of the article is to analyse scientific research in order to establish a level of methodological support for law enforcement agencies in investigating fraud. Due to the fact that methodological provision of practical divisions plays the leading role in the fast, full, and effective investigation of frauds, therefore, the studied question deserves a special attention. Methodology. The author substantiates the need to improve the existing methodological recommendations because since over time they lose their content. Besides, there is the necessity to create new techniques that are not reflected in the writings of scientists in investigating various types of fraud. Based on the analysis of forensic literature, we can make a conclusion that most of the scientific works are devoted to the investigation of fraud with financial resources. Therefore, the author proposes to pay attention to other types of fraud and to formulate methodological recommendations for practical units to young and experienced scientists on the basis of their own research. Results. The concepts and types of fraud are defined in the article. Besides, the works of criminologists, which are devoted to the peculiarities of investigating such types of crimes, are analysed. The official statistics, which impresses with data on undisclosed fraud, are presented here. This once again confirms the necessity for scientific development of the mentioned problem. A particular attention is paid to the lack of proper methodological support for practical units during the investigation of such types of crimes. In this regard, the author provides corresponding suggestions that will help to improve the investigation. Practical impact. Since the fraud investigation technique helps to the most successful achievement of the objectives of criminal justice, then in order to reduce the number of undisclosed crimes, it is necessary to develop and provide practical guidance to the methodical recommendations in a timely manner. Correlation/originality. The urgent issue of nowadays is a complete, effective investigation of criminal offenses, and fraud is no exception. The improvement of the methodology for fraud investigations and the development of methods for investigating certain types of fraud is a necessary step for it.

Keywords


fraud, deception, abuse of trust, fraud investigation technique, thesis researches, methodology for investigating certain types of fraud

Full Text:

PDF

References


Shepitko, V. Yu. (1998). Kryminalistychna taktyka i metodyka ozsliduvannia zlochyniv [Forensic tactics and methods for investigating crimes]. Kh. (in Ukrainian)

Piaskovskyi, V. V., Chornous, Yu. M., Ishchenko, A. V., Alieksieiev, O. O. ta in. (2015). Kryminalistyka: pidruchnyk [Science of criminal law: a textbook]. K.: «Tsentr uchbovoi literatury» (in Ukrainian)

Statystychni dani Heneralnoi prokuratury [Statistics of the General Prosecutor's Office]. URL: https://www.gp.gov.ua/ua/stst2011.html?dir_id=113651&libid=100820# (in Ukrainian)

Vsesvitnie doslidzhennia ekonomichnykh zlochyniv ta shakhraistva 2018 roku: rezultaty opytuvannia ukrainskykh orhanizatsii Vyvedennia shakhraistva z tini [Worldwide Survey of Economic Crimes and Fraud in 2018:

Results of a Survey of Ukrainian Organizations Fraudulent Shadow Detection]. PwC. URL: https://www.pwc.com/ua/uk/survey/2018/pwc-gecs-2018-ukr.pdf (in Ukrainian)

Shulha, M. M., Plakhotina, V. M., Balaniuk, O. V. (2013). Kryminalistyka: navch.-metod. posibnyk [Science of criminal law: a studybook]. Odesa: Feniks (in Ukrainian)

Cherniavskyi, S. S. (2009). Finansove shakhraistvo: metodolohichni zasady rozsliduvannia: monohrafiia [Financial fraud: methodological principles of investigation: monograph]. K.: «Khai-Tek Pres» (in Ukrainian)

Pavlova, N. V. (2007). Rozsliduvannia shakhraistva pry ukladanni tsyvilno-pravovykh uhod shchodo vidchuzhennia zhytla: monohrafiia [Investigation of fraud in concluding civil-law agreements on the alienation of housing: a monograph]. D.: Dnipr. un-t vnutr. sprav (in Ukrainian)

Musiienko, O. L. (2009). Teoretychni zasady rozsliduvannia shakhraistva v suchasnykh umovakh: monohrafiia [Theoretical bases of fraud investigation in modern conditions: monograph]. Kh.: Pravo (in Ukrainian)

Anapolska, A. I., Kovalenko, V. V., Koriakin, R. V., Sumtsov, O. I. (2010). Osoblyvosti rozsliduvannia shakhraistv, uchynenykh u sferi funktsionuvannia elektronnykh rozrakhunkiv: metodychni rekomendatsii [Features of the investigation of fraud committed in the field of electronic calculations: methodical recommendations]. Luhan. derzh. un-t. vn. sprav im. O. Ye. Didorenka. Luhansk: RVV LDUVS im O. Ye. Didorenka (in Ukrainian)

Pchelina, O. V., Korniienko, V. V. (2011). Osoblyvosti rozsliduvannia zlochyniv, vchynenykh shliakhom kredytnofinansovykh operatsii: metodychni rekomendatsii [Features of investigation of crimes committed through credit and financial transactions: methodical recommendations]. Kh.: Kharkivskii nats. un-t vnutr. sprav (in Ukrainian)




DOI: http://dx.doi.org/10.30525/2256-0742/2018-4-5-63-66

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.