ПРОИЗВОДСТВО ДОСЛЕДСТВЕННОЙ ПРОВЕРКИ ПО ДЕЛАМ О МОШЕННИЧЕСТВЕ: ТАКТИЧЕСКИЕ ОСОБЕННОСТИ, ПРОБЛЕМЫ И СПОСОБЫ ИХ РЕШЕНИЯ

Abstract

Technological progress, modernization of entrepreneurial activity, applying new ways of earning, business, the development of economic relations has led to increased interest of fraudsters. Traditional types of fraud, such as the promise of employment of the victim, did not assume such a geography of the crime and the circle of victims, as with modern types of fraud using information and communication technologies, the Internet, software, social messengers. This article discusses the procedural procedure for conducting pre-investigation checks on modern types of fraud, as well as the tactical features of its production. To solve the difficulties in the investigation of modern forms of fraud, such as masquerading as civil law torts, criteria for their delineation have been developed. It also provides a list of issues and circumstances to be established during the pre-investigation inspection, as well as the procedure for the seizure, inspection and registration of new types of evidence. Despite the computerization of all spheres of society, applying new types of fraud, the identification of new types of evidence and traces (electronic), the procedure for the seizure, inspection and registration of electronic evidence is not regulated procedurally (there is no concept of «electronic evidence»), as well as there is no unified approach to the production of certain investigative actions for detection and the withdrawal of such evidence. The article presents the opinions of scientists regarding the conceptual apparatus of «electronic evidence», as well as on the tactics of seizure, inspection and fixation of electronic evidence using modern technologies and software. In conclusion, proposals for amendments and additions to the criminal procedure legislation were put forward.