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Evidence in criminal cases of economic crimes

ФИО студента: Elizaveta Bezrukova

Руководитель:

Кампус/факультет: Faculty of Social Sciences and Humanities (Perm)

Программа: Jurisprudence (Bachelor)

Оценка: 7

Год защиты: 2021

The subject of the Graduation qualification work: Evidence in criminal cases of economic crimes. The structure includes an introduction, three chapters, nine paragraphs, conclusion, bibliography and annexes. 62 bibliographic sources were used, including materials of judicial practice. Key words: proof, criminal procedural knowledge, evidence, properties of evidence, results of operational-search activities, etc. The introduction reveals the relevance, sets the goal and objectives of the work. The first chapter consists of two paragraphs, in which the concept is considered, the essence and purpose of proof in criminal proceedings are analyzed, and the stages of proof and its subjects are determined. On the basis of the studied theoretical material, a personal opinion was formed. Proving is a process of collecting, checking and evaluating evidence regulated by criminal procedure legislation. And at the same time, an integral element of proof is criminal procedural knowledge, which permeates the entire criminal process. In addition, proof as a process includes the formation of conclusions based on the collected evidence, that is, the argumentation of the parties. The circle of subjects of proof seems to be incomplete. We believe it necessary to include the advocate in it. The second chapter is devoted to evidence in criminal proceedings. The concept and properties of evidence are analyzed, types of evidence are considered, the role of the results of operational-search activities in the system of evidence in a criminal case is established. Evidence is information about facts obtained from a proper source. The proof in its essence structurally consists of the form and content, which are determined by the properties established by the criminal procedure legislation. The opinion is expressed that the results of operational-search activities have an independent evidentiary value. The third chapter raises the issue of proving economic crimes in criminal cases, examines the concept of economic crime, identifies the features of proving economic crimes in the stages of initiation and investigation of a criminal case, evaluates the role of the results of operational-search activities. Based on the literal interpretation of criminal legislation, an economic crime is an illegal act that harms any economic relations, that is, at different levels of economic activity. As practice shows, a pre-investigation check is carried out by operational officers of the body carrying out operational-search activities. However, this activity is not regulated by the norms of the Code of Criminal Procedure of the Russian Federation, which confirms the thesis that proof takes place in fact, but not procedurally. A feature of proving at the stage of initiating a criminal case on an economic crime is the fact that it is necessary to determine the range of normative legal acts to be studied in order to establish the signs of an economic crime. The specificity of the investigation of criminal cases on economic crimes is associated with the mechanism for committing such crimes. The traces left by such crimes must be correctly interpreted by the investigator, which requires referring to special industry legislation. The results of operational-search activities are of great practical importance both at the stage of initiating a criminal case and at the stage of preliminary investigation. There are features of the disclosure of economic crimes. The opinion is expressed that part of the results of operational-search activities can be included in the evidence base. In the conclusion, the main conclusions on the problems are made, some proposals are made to improve the process of proving in the criminal process.

Full text (added May 19, 2021)

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