master of low, Tazhibayeva M.T.

Financial police Academy, Kazakhstan

Crime prevention as a procedural function of the financial police investigator in the criminal case

Modernization of public administration system, implemented in the framework of administrative reform, law enforcement agencies to impose a number of additional tasks that require complex solutions. Current trends in law characterized aimed at improving law enforcement, creating a highly professional agency with an efficient management system able to withstand new challenges and threats.
The financial police, as a special government agency responsible for law enforcement aimed at the prevention, detection, suppression and investigation of illegal encroachments in the area of economic and financial activities to combat corruption.

Under current law investigator of Financial Police, as an official authorized to carry out preliminary investigation on criminal cases within its competence, exercise the functions detection, investigation and prevention of crimes.

Criminal procedure in the literature, the function is defined as «major species and areas of procedural activities that can be differentiated in the criminal process, depending on the specific and individual goals and objectives achieved by the activities of the competent authorities, leading the proceedings, participation in which the involved other persons to protect their interests» [1; 90].

The category of «criminal procedure function», in fact, a scientific abstraction, but in terms of law reform, it acquires a meaning that allows us to understand its practical orientation. Indeed, if we understand the content of this category, logically make sense to build a system of functions, their proper distribution among the participants of proceedings; it is possible to understand the essence of the purpose and meaning of the adversarial form of criminal proceedings.

Criminal procedural functions, as an independent legal institution, have a complex, multi-structure. As a rule, they also include other institutions that have a simple structure.

Our analysis of the scientific literature indicates that symptoms are the following features of criminal procedure:

- the thrust of the functions to implement the goals of justice;

- implementation of functions in the procedure stipulated by law and established forms of procedural ways and means;

- performance of functions by the competent authorities and individuals;

- make the same function in several agencies and individuals (for example, the investigation can be carried out as the bodies of preliminary investigation and inquiry bodies);

- impact on the most basic functions of the principle of non-intersection (for example, the concentration in the hands of one prosecution and defense functions leads to their mutual exclusion, so that these functions are carried out by various bodies and individuals);

- the exclusive property of the individual basic functions to other entities or relationships (for example, the public prosecution in court is the exclusive right of the prosecutor, consideration and resolution of cases on the merits - the prerogative of the court) [1; 155].

However, «in complex systems a high enough level you cannot uniquely determine the target in the form of one-dimensional function. There are special purposes, the aggregate of which can be viewed as a general purpose system» [2; 39]. The ultimate goals of the individual components of the procedural regulations of the law expressed in defining the subject of final orders in criminal cases.
Thus, in accordance with Article 8 of the Code of Criminal Procedure of the Republic of Kazakhstan objectives of the criminal process is rapid and complete disclosure of crimes, exposing and bringing to justice the perpetrators, fair trial and the correct application of the criminal law.

The statutory procedure in criminal cases should provide protection against unwarranted prosecution and conviction of illegal restriction of civil rights and liberties and rights, in the case of illegal prosecution or conviction of an innocent man - the immediate and complete his rehabilitation, but also strengthen the rule of law and order, crime prevention, the formation of respect for the law.
However, besides the general tasks assigned to the criminal procedural legislation on law enforcement, the law also establishes the immediate tasks of each body.
In particular, the tasks of the Financial Police of the Republic of Kazakhstan are defined:

1) provision within the authority's economic security and the legitimate rights and interests of business, society and state;

2) the prevention, detection, suppression and investigation of economic, financial and corruption-related crimes and offenses (Article 2 of the Law "On Financial Police of the Republic of Kazakhstan").

Consistent with these objectives, some authors in the criminal activity distinguishes between the following functions: investigation, prosecution against a civil action, the rights and lawful interests of persons involved in criminal proceedings, crime prevention, procedural guidance, and resolution of the case [4; 39-44 ].

It should be noted also that at the present time almost all criminologists distinguish the two groups of criminal procedural functions: main and auxiliary. The main functions are functions of the investigation, prosecution (charges), the prosecutor's supervision over the legality in criminal justice, security, judicial review and resolution of the case. Group support functions are functions of the rehabilitation, maintenance and protection of civil action against a civil action, the safety of the process. The assignment of these functions to support the group due to the fact that each criminal case, they may occur or may occur only partially. They have no independent value, and realized, as a rule, within the framework of the basic functions [1; 154, 190].

Thus, it is recognized that procedural activities - no messy set of functions, and the system is characterized by the unity and integrity, manifested in the structure of internal relations. In this case deserve attention not only of demarcation between the different functions of the signs, but the point of suppressing the functions of their interaction, mutual transitions.

Thus, the basic procedural function of the investigator of Financial Police - investigating crimes - has a dominant position in its remedial action.
The signs of the functions of the criminal investigation are: implementation of functions in pre-trial stage, the subject is represented by bodies of inquiry and preliminary investigation, the investigator and the investigator, the head of investigation department, the initial moment of realization of the function is the issuance of the authorized person of the decision to institute criminal proceedings, termination time implementation of the function is to prepare the indictment conclusion of a rule on the direction of a criminal case in court for the application of compulsory medical measures, or a decision is to dismiss the criminal case, to perform the functions authorized bodies and officials are endowed with special powers, the main means of implementation are the functions of investigation and other proceedings; investigation function sold exclusively in procedural form [5; 27-51].
However, the tasks of the financial police are not only economic security of the State, legitimate rights and interests of business, society and state, but also the prevention, suppression, the disclosure of economic, financial and corruption.
Preventive activities investigator of Financial Police is to reveal the crimes, the suppression of crime at an earlier stage, preventing crime.

In the legal literature indicates that preventive work is carried out on a special investigator criminological level. This type includes the direct crime prevention, prediction, detection of negative social phenomena non-criminal nature, the impact on them, preventing self-determination of crime, prevention of recidivism, the spread of criminal psychology, criminal professionalism, the elimination of the specific conditions that are created for the successful implementation of anti-social activity and protection from exposure and prosecution of statutory liability [6, 28].

Moreover, the activity on the application of special warning equipment based on the interaction of management, education, social, legal measures designed to influence the prevention and avoidance of specific crimes [7].

Crime prevention as a priority in law enforcement in general and the financial police bodies in particular has received regulatory and legal consolidation. According to the Article 8 of the Law «On Financial Police of the Republic of Kazakhstan» financial police in accordance with their tasks within its competence shall:

- To take timely measures to prevent, the disclosure of crimes committed or planned, to detain persons who have committed them, and prevent socially dangerous consequences;

- Prevent, detect and prevent administrative violations;

- Ensuring the identification, prevention, suppression and detection of crime through the implementation of operational-search activities

- To prevent, detect and deter the economic, financial and corruption-related crimes and misdemeanors.

Upholding the species has also received such a warning of the financial police, such as:

1) participation in the development and implementation of policy papers on crime prevention in the field of economic and financial activities, corruption and other misconduct and to prevent unlawful interference with business activities;

2) participation in the implementation of legal education and legal advocacy among citizens (Article 8 of the Law "On prevention of offenses").
As you can see, a good understanding of the function in the criminal process is important in order to establish the status of each participant in the process and to identify procedural forms and limits interaction between the various participants in identifying the relationship between the individual functions.
In our view, the system of law enforcement agencies conducting criminal procedural functions shall be such sum of legal status, which, consistent with each other, form a single legal framework, in which not only the institutions within the same branch of the law, but the very branch of the law should complement and develop each other within their designated functions.

List of references:

1. Criminal Procedural Law. Part of Total: Academic course / Edited by B.H. Toleubekova. - A., 2004.

2. Elkind P.S. The goals and means to achieve them in the Soviet criminal trial. - M., 1976.

3. Yefimichev S.P. Objectives of the preliminary investigation // Procedural issues a preliminary investigation. Collection of scientific papers - Volgograd, 1988.

4. Strogovich M.S. The course of the Soviet criminal procedure. - M., 1968.

5. Laryn A.M. Criminal investigation: the procedural functions. - M.,1986.

6. Dashkov, G., Dolgova A., Serebryakov V. Criminological research in Russia. - M., 1995.

7. Selyanyn A.V. Criminology. Special crime prevention

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