Organizational and tactical features of certain investigative measures in the initial stage of the investigation of credit fraud which includes illicit real estate turnover
| Autor | Andrey N. Gres - David S. Grin - Lyubov I. Ilnitskaya - Syuzanna G. Nelyubova - Olga P. Yakubova |
| Cargo | Kuban State Agrarian University named after I.T. Trubilin - Kuban State University - Kuban State Agrarian University named after I.T. Trubilin - Kuban State Agrarian University named after I.T. Trubilin - Krasnodar university of the Ministry of Internal Affairs of the Russian Federation |
| Páginas | 465-480 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
465
ORGANIZATIONAL AND TACTICAL FEATURES OF CERTAIN
INVESTIGATIVE MEASURES IN THE INITIAL STAGE OF THE
INVESTIGATION OF CREDIT FRAUD WHICH INCLUDES
ILLICIT REAL ESTATE TURNOVER
Andrey N. Gres1
David S. Grin2
Lyubov I. Ilnitskaya3
Syuzanna G. Nelyubova4
Olga P. Yakubova5
Abstract: The presented article is aimed
to determine the organizational and
tactical features of certain investigative
measures in the initial stage of credit
fraud investigation, including the crime
involved illicit realty turnover. The
Methods were represented by strategies
and tactics of investigation of fraud in
the field of lending and credit in real
estate malpractice. Results:
Investigative and judicial practice
indicates that officials and other
authorized entities violate the legal real
estate turnover established by applicable
law when registering illicit transactions.
The circumstances of the commission of
illegal actions directly depend on the
1 Kuban State Agrarian University named after I.T. Trubilin
2 Kuban State University
3 Kuban State Agrarian University named after I.T. Trubilin
4 Kuban State Agrarian University named after I.T. Trubilin
5 Krasnodar university of the Ministry of Internal Affairs of the Russian Federation.
labeling process, which may result in
fraud (Art. 159 of the Criminal Code of
the Russian Federation), abuse of power
(Art. 285), forgery by an official (Art.
292), and other accusations.
Conclusions: Additional methods of
detecting and exposing false testimonies
are also quite effective in their practical
application. In particular, such
techniques include the utmost
detalization (forcing the interrogated
person to ‘make up’ facts and
circumstances that can later be verified);
re-interrogation (provides an opportunity
to ‘play on’ certain testimony
discrepancies, which are inevitable as the
evidence in the case accumulates); and
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
466
listening to a deliberately false messages
without expressing any doubt or mistrust
(allows exposing the false testimony of
the interrogated after proper
examination)..
Keywords: organization, tactics, initial
stage, search, interrogation, illegal
transactions.
1. Introduction
Currently, the formulation of
certain conclusions and proposals aimed
at improving the methodology for
investigating credit fraud is gaining a
specific relevance in scientific studies. In
the future, this issue will acquire further
scientific consideration with a view of
the corresponding formulation of certain
conclusions and proposals aimed at
improving the methodology for the
investigation of fraud in the field of real
estate lending.
The following system of
investigative (search) measures was
developed and proposed for the
investigation of credit fraud:
1) Inspection of the premises,
belongings, Internet content (devices,
gadgets), social networks and
documents;
2) Interrogation (of the victim,
suspect, witnesses, relatives, employees,
managers, staffers of a legal entity and
other persons);
3) Temporary access to documents
and personal belongings;
4) Documentary and inventory
audit;
5) The legal search of the suspect's
place of residence (place of work);
6) Involvement of a specialist
and/or expert;
7) Information retrieval from
transport telecommunication networks
and electronic information systems;
8) Audio and video facial-
expression monitoring.
The study of the features and
tactics of individual investigative
(search) measures in the investigation of
credit fraud is of particular importance.
The issue at stake is resolved depending
on:
1) The state of investigative and
procedural actions [2];
2) The scope of circumstances that
the investigator needs to clarify;
3) Goals and objectives (this refers
to the type of specific action: content and
nature of obtaining criminalistic data)
[4];
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