THE CAUSES AND CONDITIONS OF CRIME IN THE FIELD OF ECONOMY

The article examines the issue of combating criminal offenses in the field of economics. It is emphasized that economic crime is caused by destructive tendencies in the development of market relations in the economy and social sphere. Lack of real protection of legitimate economic relations, lag of law-making activity from the needs of economic practice, unsystematic adoption of legal acts concerning certain elements of the economic system. Recently, there has been a process of merging economic and criminal offenses, as well as merging with organized crime. Penetrating into various spheres of the economy, criminal associations seek not only to establish control over the activities of specific enterprises but also to create their own structures capable of occupying a leading position in the infrastructure of individual industries. The intellectual level of criminal activity increases, the scope, and methods of encroachment expand. The reasons for committing mercenary crimes in the economic sphere are both objective and subjective. Thus, in the determination of crime involved both biological and social characteristics of man. An economic criminal does not perceive himself as a criminal, although he admits that he is breaking the law. The problem here is that the media is very one-sided coverage of the image of the traditional criminal, as well as the fact that economically criminal behavior is difficult at first glance to distinguish from socially obedient. Economic criminals justify their crimes by committing them with the tacit consent or approval of public opinion. They deny causing harm to citizens, and also claim that almost all businessmen do the same. If the profit significantly exceeds the possible punishment, then such a crime becomes profitable. Criminal behavior should not be economically or socially profitable. At the same time, it is important to improve the economic and social living conditions of the people.

FORENSICS CHARACTERISTICS IN THE STRUCTURE OF THE CRIME INVESTIGATION METHODOLOGY

The article deals with the problematic issues of the forensics characteristics of crimes as a scientific category of forensic science and tools of cognitive activity in the disclosure and investigation of crimes. Attention is drawn to the fact that the modern stage of development of society is characterized not only by quantitative, but also by qualitative changes in the state of crime. New types of crimes are appearing and traditional methods of their commission and concealment are being improved using the achievements of scientific and technological progress. Significant parts of the crimes remain unsolved, and the persons who committed them are not punished. Law enforcement agencies are faced with the task of quickly disclosing them and protecting the violated rights of victims. Science, primarily forensic science, is called upon to provide assistance in solving such problems. In the historical aspect, the development of the theory of forensic methodology, determining its place in the system of forensic science is considered. It is noted that it is advisable to consider the forensic methodology both as a branch of science, and as a system of knowledge about the technology of investigating crimes, and the technology itself, a kind of algorithm for investigating crimes, which is implemented in the practical activities of investigators, detectives, prosecutors. Attention is drawn to the fact that since the mid-80s of the last century, the concept of criminalistics characteristics of crimes has entered the scientific circulation. Its correlation with the subject of proof and the opinions of scientists and practitioners about the place of forensic characteristics in the structure of private methods of investigation of certain types of crimes are analyzed. Based on the analysis, the author substantiates the conclusion that the forensic characterization of crimes should be considered as a structural element of a private investigation methodology and the basis for the development of such methods. Attention is drawn to the mandatory study of the correlation dependences between its elements, which can serve as a key to disclosing a specific crime.

FORENSIC DATABASES IN POLAND. LEGAL ISSUES RELATED TO RIGHT TO THE PROTECTION OF PERSONAL DATA AND RIGHT TO PRIVACY

Forensic databases are crucial resources in criminal justice systems, which allow for detection and identification of offenders. General Data Protection Regulation and Police Directive about processing of personal data were enacted in the European Union in 2016, which implied changes in national law and policy in processing genetic and biometric data by law enforcements. Therefore, current development of DNA and fingerprint databases in Poland were revealed and compared to other European countries. Changes in the law related to processing of genetic and biometric data were analysed. Issues related to the distinction between different categories of data subject and retention time of personal data were especially commented in the view of right to the protection of personal data and right to privacy.

TACTICAL COMPONENTS OF THE PROSECUTOR’S ACTIONS TO CONCLUDE A PLEA AGREEMENT FOR THE ACCUSED

The article is devoted to the study of certain tactical aspects of the he prosecutor’s participation in the conclusion of an agreement on the confession of guilt by the accused. It is concluded that it is necessary to develop a system of forensic recommendations regarding the provision of this direction of the prosecutor’s activity in court proceedings. It is stated that the institution of criminal procedure has appeared in Ukraine based on agreements, that is, a mechanism with separate contractual (compromise) elements during the resolution of criminal legal conflicts, which belongs to the so-called special orders of criminal proceedings. It is noted that, in contrast to the sufficient attention of scientists to the issues of procedural regulation of criminal proceedings based on agreements, the tactical aspects of the activities of the prosecutor almost get out of sight of scientific research, which is in no way consistent with modern challenges of combating crime. It has been established that the activities of the prosecutor to conclude an agreement on the confession of guilt by the accused and his/her judicial approval are cognitive and organizationally diverse, requiring appropriate tactical support (provision). This support will be a new direction of tactical and forensic support of the so-called compromise procedures in criminal proceedings. It should contain recommendations, at least regarding localization of an unproductive conflict between the prosecution and the accused, as well as unpredictable compromises between other participants in criminal proceedings. It should contain recommendations the availability of adequate ways to convince the accused of the futility of his/her opposition to the prosecutor and the court and the need to cooperate with them based on feedback, taking into account the specifics of professional defense and a situational analysis of one or another variant of defense tactics. In the context of the prosecutor’s activities to conclude an agreement on the plea of the accused, the most relevant is the so-called negotiation tactics. In the mainstream of the analyzed subject, it would be more expedient to call it the tactics of prosecutorial persuasion and ensuring compromise procedures in the criminal process. Its constituent elements are a system of recommendations regarding the organizational, informational and resource-personnel support of the prosecutor’s activities to conclude an agreement on the plea of the accused in order to a) make it impossible for the relevant participants in the criminal process to formally treat their duties; b) prevent unpredictable compromises between the defense and the victim, as well as prosecution witnesses; c) promote exclusively objective media coverage of the real state of affairs (in conditions of journalistic interest in a specific compromise procedure). At least, this will already become the basis for the effective use of tactics of creating conditions for the preparation and direct conclusion of an agreement on the plea of the accused.

CRIMINALISTIC CHARACTERISTICS OF CORRUPTION CRIMES: THEORETICAL AND PRACTICAL ASPECTS

The article deals with the current trends in the development of the forensic doctrine of the forensic characteristics of crimes, analyzes the controversial issues of its structural elements. The concept of the forensic characteristics of crimes as an information database on forensic significant signs of a crime, obtained as a result of generalization of investigative and judicial practice. Its main elements are investigated: 1) the subject of criminal encroachment; 2) information about the identity of the offender; 3) characteristics of typical methods of crime; 4) information about the situation in which the crime was committed; 5) typical traces of a crime; 6) information about the identity of the complainant (victim). The problem of development of the forensic characteristics of corruption crimes is investigated, discussion questions about the concept and the main structural elements are analyzed. It is summarized that the forensic characteristics of corruption crimes is an information database obtained as a result of generalization of the investigative and judicial practice on forensic significant signs of corruption crimes, a special subject of criminal encroachment, specific ways of providing corruption services, a specific environment, typical traces, corruption ties, knowledge of which contribute to the construction and verification of versions, determination of the direction of the investigation. In practical terms, the forensic characteristic of corruption crimes is a kind of information model, a set of information about the specified type of crime, the use of which in a specific situation will help the investigator to quickly and promptly make the correct tactical decision on the methods of investigation, the use of tactics and technical means when planning investigative and search actions. forensic operations. The main structural elements of the forensic characteristics of corruption crimes have been determined. These are: 1) the specific area of the criminal offense; 2) a special subject of a corrupt act; 3) specific ways of providing corruption services; 4) the specific situation in which the act of corruption is committed; 5) specific traces of corruption crimes; 6) corrupt ties with the organizers of the shadow and criminal business. It was stated that the organizers of the shadow and criminal business strive to have “their own” people, both in the bodies of state power, administration, and a cover (“roof”) in law enforcement bodies. Corrupt officials receive corruption rewards (“kickbacks”) for providing corrupt services. They, using their power, official powers, perform certain actions (or fail to act) in the interests of the shadow and criminal business in order to ensure corruption assistance, corruption patronage, corrupt security, corruption protectionism, corruption intervention, corruption lobbying, corruption counteraction. It is summarized that the stated theoretical provisions of the forensic characteristics of corruption crimes, its main structural elements have a certain scientific and practical significance.

PREPARATION OF MATERIALS FOR DIAGNOSTIC AND SITUATIONAL EXPERT RESEARCH OF WEAPONS, CARTRIDGES AND TRACES OF ITS USE

The article considers the issues of preparing materials for sending it to carry out diagnostic and situational expert research of weapons, cartridges and traces of its use, the work of an investigator or a person acting as an investigator during an inspection of the crime scene. It is also pointed how to identify, correctly document and seize objects and materials for referrals for expert research, identification, preliminary inspection and assessment of objects and materials found during the inspection of the crime scene, its documentation and seizure. The correct examination and assessment of weapons and cartridges makes it possible to obtain information about preliminary data on the type, kind, model of weapons and cartridges, taking into account the design of objects by external similarities with known types and models of weapons, samples of cartridges. It is also makes possible to identify the external state of weapons and cartridges, the presence or absence of individual parts and mechanisms of the weapon; loaded, equipped with a weapon; destruction of parts of weapons, elements of cartridges; deformation of weapons and cartridges; presence of corrosion, pollution, etc. The presence of outside traces on weapons and cartridges that are significant for further investigation - this may be contamination, including blood stains, layers, etc., which will be taken into account when conducting diagnostic and situational expert research. There are described general methods and rules of preparation and packing of the objects revealed at inspection of a crime scene.

TO THE ISSUE OF DETERMINING THE MARKET VALUE OF COMPANY SHARES WITHIN THE FRAMEWORK OF FINANCIAL AND ECONOMIC EXAMINATION

The purpose of the study is to develop recommendations for determining the market value of the company’s shares within the framework of financial and economic examination. The article reveals the main features of using a set of approaches for determining the market value of shares included in the cost method. The factors influencing the market value of shares are also given, which are mainly taken into account by an expert in the course of determining the market value of a company’s shares in the production of financial and economic examinations.

HBIM AS A SOLUTION TO THE ACCOUNTING AND EXPERT RESEARCH OF CULTURAL HERITAGE SITES

The approval by the Ukrainian government of the concept for the introduction of BIM technologies in the construction of Ukraine provides many opportunities for the development and implementation of BIM as a tool for creating archival documentation and storing the state register of cultural heritage sites of Ukraine, in particular architectural monuments. The application of the principles of BIM technologies to historical buildings is widespread in the EU countries and allows combining 3D-models with textual information (databases) and is included in international practice as HBIM (BIM technologies applicable to the sites of historical heritage). The proposed method of modeling and description using software tools, applying the best excellent achievements, allows improving the state of registration of historical sites, architectural monuments and urban planning on the territory of Ukraine.

THEORETICAL PRINCIPLES OF FORENSIC LINGUISTICS

At the stages of preparing materials for conducting a forensic linguistic examination and in the process of research, problematic issues of a procedural and methodological nature arise, which are debatable due to the lack of regulation and the absence of systematic scientific theoretical research in the field of linguistic examination. The analysis of expert practice indicates the need for further developments in the field of forensic linguistic expertise, based on which the author makes proposals for improving the methods of authorship research and the development of directions for further research in the field of semantic and textual research. The author focuses on the need to carry out developments in the field of linguistic expertise, taking into account not only the current practice of conducting forensic linguistic expertise. Also taking into account the generalization of new literary sources, the number of which is increasing and the data of which are of interest to linguistic expertise from the point of view of analyzing emerging in the field of modern linguistics problems, as well as the socio-political situation in the country. Attention is drawn to the fact that the judicial and investigative authorities appoint linguistic examinations at almost all stages of the consideration of cases/proceedings or the investigation of offenses, and it is also becoming increasingly popular in connection with the appeals of individuals/legal entities. The data of the conducted research can serve as the basis for the creation of new directions of research in the field of forensic linguistic examination and contribute to the development of its theoretical and methodological foundations.