Covert investigative (research) actions in the investigation of property theft in the field of implementation of state social programs

Abstract

The article notes that the acquisition of property by abuse of official position in the sphere of implementation of state social programs is a hidden crime committed by organized groups of persons. Concealment of the specified crimes is carried out by drawing up documents that are outwardly legal and provided for by regulatory legal acts for the activities of the relevant state trust funds of certain types. Covert investigative (research) actions are used to expose organized groups of criminals who embezzle funds from state trust funds. They are a special tool in the matter of gathering evidence, which can be used by investigative bodies only in certain normatively defined cases. The article analyzes these conditions, in particular, points out such a qualifying circumstance of embezzlement of funds from state trust funds as the use of martial law conditions. This circumstance determines the classification of the crime, regardless of the amount of stolen funds, into the category of serious crimes, which provides grounds for conducting any secret investigative (search) actions.
 Attention is drawn to the fact that covert investigative (search) actions differ from overt investigative (search) actions in that they are aimed at identifying the behavior of certain officials related to an already committed crime (or ongoing crime). Identification and recording of the actions (behavior) of these persons takes place secretly and already during the pre-trial investigation. This provides an opportunity to obtain direct and indirect evidence of their involvement in these crimes. It is emphasized that the conduct of covert investigative (search) actions is possible only in compliance with the prescriptions defined in the norms of the criminal procedural legislation. The article defines the specific features of conducting individual secret investigative (search) actions during the pre-trial investigation of property acquisition by abuse of official position in the field of implementation of state social programs. The thesis is substantiated that the specific nature of the tactical tasks of the investigation is the factor that determines such features.
 It is concluded that undercover investigative (detective) actions are a necessary tool for obtaining evidence, which plays a significant role in exposing organized groups of criminals in the investigation of theft of property in the sphere of implementation of state social programs.