Право/6. Борьба с экономическими преступлениями

Silvanovich Y.

Yanka Kupala state university of Grodno

Concept of criminalistic characteristics of illegal business activities

In any field of human activities, including the fight against crime, the principle importance is given to deep multilateral cognition of the object, process, phenomenon, which are assumed to have an impact on. Because of this, it should be noted that without qualitative knowledge about the basic elements of crimes, their signs, qualities and forms of manifestation in reality it is practically impossible to reduce significantly the risk and the amount of these negative social phenomena. Only the possession of such knowledge creates favorable conditions for the development and the use of effective and scientifically justified practical recommendations to combat crime. Thus, the crime, namely the implementation of illegal business activities as a dangerous phenomenon, is considered from different points of view, and has sociological, moral-ethical, criminological aspects and one as well.

Criminalistic characteristics of illegal business , like any crime , represents a system of description criminalistically significant its´ signs, manifested in the features of the method and mechanism of the situation of its´ committing , which gives the idea about crime , the identity of the subject and the other circumstances of a particular criminal activities its´ appointment ensuring the successful solution of problems of detection , investigation and prevention of crime [3, p . 12].

The implementation of illegal business activities bears a latent character and it greatly complicates the detection and investigation of the given crime. Therefore, correct and complete construction of criminalistic characteristics of great practical importance, serves as a reference or a point peculiar of which is matched with the available initial data, that is important for determining the correct method of investigation [2, p.758].

Thus, the criminalistic characteristics of illegal business activities can be defined as a reflection of the typical important data about the qualities and signs of illegal business , its features will be displayed in objective reality and reflecting the regular connections between them, promoting the most effective detection and investigation of the given crime.

The criminalistic characteristics of illegal business acquires a practical significance, value and novelty, when have been revealed and the specificity of these relations has been proved.

The aim is to revealing the characteristics of criminalistic specific signs of illegal business, separating the given crime from other types of economic crimes (false business, counterfeiting ) [1 , s.298 ].

It is necessary for the practical activities of law enforcement agencies at the initial stage of investigation , with a minimum of information about the circumstances of the offense on the already available data on some of the elements to make a grounded opinion about the rest once and find the most effective and optimal ways to their establishing.

The question about the elements to compose the structure of criminalistic characteristics of illegal business does not have a simple answer in the theory of criminalistic. However, at the level of more common approach the scientists –jurists come to conclusion that it should take into the totality of the elements of criminalistic characteristics of illegal business the following:

1) data about the mode of illegal business activities ;

2) data about the situation of committing illegal business activities ;

3) data about the methods of concealing illegal business ;

4) data about the traces of the given crime ;

5) data on the personal qualities of subjects carrying out in illegal business.

The circumstances as themselves as elements of the crime, but not the criminal characteristics. It should bear mind that the elements of characteristics of criminalistic data on the above elements [3, p.13].

Consequently, the most important significance of criminalistic characteristics of illegal business is consists of the knowledge of the totality of the elements allows individual elements to let more or less complete model of possible crime by separate elements, make reasonable assumptions about the presence of yet unknown elements, to predict the totality of training, to commit and conceal the crime , and also as well as characteristics of the personal entities involved in illegal business activities.

Literature:

1. Ermolovich , V. F. Forensic characterization of crimes / V. F. Ermolovich . – Mn. : Amalfeya 2001 . – 304 p.

2 . Sedov , T. A. Forensics: Proc . grant / T. A. Sedov , A. A. Eksarhopulo . – St. Petersburg. " Lan ", 2001 . – 928 p.

3 . Sviridov , D. S. Criminalistic characteristics of illegal business activities / D. S. Sviridov . - 2nd ed . - Minsk : Theseus , 2012 . – 122 p.