Бересток Богдан Петрович
Національний
університет « Юридична академія України» ім. Ярослава Мудрого
Факультет №3 підготовки
кадрів для Міністерства внутрішніх справ України
Кафедра:
слідчо-криміналістичне правознавство
ПРАВО
КРИМІНАЛІСТИКА ТА СУДОВА МЕДИЦИНА
The Main Principles of the Investigator’s Interaction with the Controlling Organizations and Public Units in the Economic Sphere.
The main principles of the investigator’s interaction with the
controlling organizations and public units are: the legality principle,
expressed in the social and legal status of the organs which interact, in the
level and order of the legal regulation of the interaction, in the
circumstances of the normative legal precept realization, in the presence and
efficiency of the guarantees provided by the law (departmental and judicial
control, prosecutorial supervision), the principle of the organization of the
interaction, which implies the arrangement
of the actions of the interacting subjects according to the established rules
and the procedures of the detection and investigation of economic crimes, the
principle of the objectivity of the interaction, when different kinds of
activity of its participants must go together including both specific reason
and occasion.
The investigator’s interaction with the controlling organizations can be
conducted according to the following main directions:
-
the regular exchange of the
information as for the points set by the power of the units which interact,
including the statistical data, reference materials, normative legal acts,
methodological recommendations, which cause mutual interest;
-
the carrying out of the joint
consultations as for the points, which are included in the competence of each
of the units which interact, and also the joint current meetings holding;
-
the carrying out of the testing
enactments to check the activity of the commercial and non-commercial
organizations;
-
the carrying out of the special investigation
as for the objects and documents;
-
the creation (if it is necessary) of
the interdepartmental groups for the joint enactments preparation and holding;
-
the mutual exchange of the
information as for the detection of the materials and data, which can witness
the presence of the signs of delicts, when the appropriate executive authority,
which takes part in the interaction, can restrict them.
The proxy of the investigator and controlling organs as the complex of
their rights and duties determines the possibility and the essential situations
of the interaction; that is why they are, first, the legal background for the
interaction in the case of the investigation of the economic crimes and,
second- they determine the main directions of this interaction.
The investigator’s interaction with the public units and controlling
organizations can be carried out by the processual and non-processual forms
depending upon the stages of the investigation.
The processual forms of the investigation are:
-
the assignment to conduct expert
testimony (if there is no reason to challenge)
-
the involving of the qualified
persons from the public units and controlling organizations to take part in the
process of investigation
-
the reclamation of the documents
which are at the disposal of the public units and controlling organizations
when they bear the information concerning their revisal activity circumstances
if they arouse a great deal of interest for the criminal case
-
the interrogation of the employees
of the public units and controlling organizations, who conducted the
laboratory investigations of the enterprise , organization and the confiscated
objects
The non-processual forms of the investigator’s interaction with the
controlling organizations and public units include:
the involving of the qualified persons from the public units and
controlling organizations for checking and audit;
the joint exchange of the information;
the delivery of the materials
concerning law breaking , which have been detected as the result of the testing
enactments ,done by the controlling organization, to the investigator;
the carrying out of the enactments directed to the notification, restriction
and detection of the delicts, commited in the sphere of economic activity;
the exchange of the experience , directed to the notification, restriction
and detection of the delicts and crimes, commited in the sphere
of economic activity, including conferences, meetings, deliberation,
consultations and seminars;
the joint project expert testimony of the normative legal
acts including the points of the interaction when carrying out the testing
enactments;
the involving of the specialist from one subject of the interaction in
the testing enactments of the other one , directed to the
notification, restriction and detection of the delicts and crimes, commited in
the sphere of economic activity;
the elaboration and implementation of the testing enactments directed
to the notification, restriction and detection of the delicts and crimes,
commited in the sphere of economic activity;
the exchange of the normative legal acts, methodological recommendations
and literature which concern the notification, restriction and detection in the
sphere of economic activity;
the carrying out of the common consultations concerning specific testing
enactments or the detection of economic crimes.
Відомості
про автора.
Бересток Богдан Петрович
Національний
університет « Юридична академія України» ім. Ярослава Мудрого
Факультет
№3 підготовки кадрів для Міністерства внутрішніх справ України
Кафедра:
слідчо-криміналістичне правознавство
Бакалавр права
Магістрант 5-го курсу НУ ЮАУ ім. Я.Мудрого.
Адреса: 40035
м. Суми , в. Черепіна, 46 «Б», кв.39