ПОНЯТТЯ ТА КЛАСИФІКАЦІЯ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ У СФЕРІ ДІЯЛЬНОСТІ... НЕБАНКІВСЬКИХ ФІНАНСОВИХ УСТАНОВ ЯК ОСНОВА ФОРМУВАННЯ МЕТОДИКИ ЇХ РОЗСЛІДУВАННЯ

Abstract

The article examines the problematic issues of the concept and classification of criminal offenses in the field of non-bank financial institutions as the basis for the formation of the methodology for their investigation. The purpose of the article is to define the concept and classification of criminal offenses in the field of non-bank financial institutions. The article substantiates that for successful investigation and disclosure of criminal offenses in the field of non-bank financial institutions’ activities, the concept and classification of these criminal offenses are of great importance, and they are the basis for forming the methodology for investigation of these criminal offenses. It is proved that the entire array of criminal offenses committed in the field of non-bank financial institutions is united into a homogeneous group on the basis of the direct object (property relations in the field of production, exchange, distribution and consumption of goods and services) and technologies of using certain institutions (rules, procedures, mechanisms) of non-bank financial activities. The author provides the concept of criminal offenses in the field of non-bank financial institutions as unlawful socially dangerous acts which: encroach on social relations related to consolidation (accumulation) of savings of individual investors (the activities of NFIs lead to separation of the savings function and the investment function, which increases the efficiency of capital allocation); investment; disruption of market equilibrium and ensuring high liquidity of financial investments; redistribution and reduction of financial risks; economic. It is substantiated that the development of scientifically sound recommendations on the methodology of investigation of criminal offenses involves the use of a differentiated approach due to the specific features of their individual types (groups). The author proposes the conceptual foundations of a comprehensive investigation methodology based on the division of criminal offenses in the field of non-bank financial institutions depending on the object of criminal law protection. It is proved that criminal offenses in the field of non-bank financial institutions, despite the diversity of criminal law content and qualification, constitute a homogeneous group of socially dangerous acts united on the basis of identified and grouped common features.