ВИКОРИСТАННЯ СПЕЦІАЛЬНИХ ЗНАНЬ ПРИ РОЗСЛІДУВАННІ НЕЗАКОННОГО ЗБАГАЧЕННЯ

Abstract

Illegal enrichment, as a manifestation of corruption, is a direct threat to Ukraine’s national security. As a result of illegal enrichment, damage is done not only to the rights and freedoms of citizens and legal entities, but also to the authority of authorities and business entities on whose behalf authorized persons act. The fight against such a dangerous criminally illegal manifestation cannot remain outside the attention of scientists and is implemented through the development of a high-quality scientific toolkit for law enforcement activities in the form of methods of investigating illegal enrichment. An important element of the methodology of the investigation of illegal enrichment is the using of special knowledge, which significantly expands the capabilities of the subject of the investigation to establish factual data relevant to the proceedings. The purpose of the article is to offer forensic recommendations on the using of special knowledge in the investigation of illegal enrichment. The main results of the study are the formation of forensic recommendations on the using of special knowledge for gathering evidence during the investigation of illegal enrichment, the results of which are reflected in the procedural sources of evidence. Analysis of the nature, purpose and tasks of the procedural actions of the initial stage of the investigation of illegal enrichment – inspection, temporary access to things and documents, criminal search – allows us to conclude that it is necessary to involve a specialist in their implementation. A specialist who is involved in the implementation of such procedural actions not only has particular tasks, but must also have certain qualifications that will act as a guarantee of the performance of these tasks. The results of the involvement of a specialist in procedural actions should be reflected in the form of a written explanation of the specialist, which takes its place in the system of procedural sources of evidence. Conducting various types of forensic examinations during the investigation of illegal enrichment allows establishing factual data that are important for the proceedings. Examinations should be carried out taking into account the peculiarities of the organization of forensic expert activity in Ukraine and the related capabilities of the subject of the investigation to conduct certain types of forensic examinations. At the same time, it is important to form a methodical approach to conducting examinations and evaluating the expert’s conclusions, the basis of which is the normative and legal regulation of forensic expert activity in Ukraine. The proposed forensic recommendations are a guarantee of collecting proper and admissible evidence and increasing the effectiveness of the investigation of illegal enrichment.