Actual Problems of Investigation of Illegal Banking Activities Committed by Organized Groups and Criminal Associations
( Pp. 120-130)

More about authors
Lapin Vyacheslav Olegovich Cand. Sci.(Law), Associate professor, Head of Department of the Research Center Management
Academy of Management of the Ministry of Internal Affairs of Russia
Moscow, Russian Federation
Abstract:
The purpose of the research. A significant contribution to ensuring the state of protection of the banking system from unlawful encroachments contribute to law enforcement agencies by identifying, investigating and preventing illegal banking activities. The purpose of the study is to establishing and detection problematic situations that have a negative impact on the process of investigating and proving illegal banking activities committed in an organized manner. This is necessary to ensure a high level of protection of citizens, society and the state in the banking sector as well as improving the effectiveness of the investigation of criminal cases of crimes in this category. Results. As a result of the study based on the analysis of the practice of investigating illegal banking activities committed by organized groups and criminal associations, identified and analyzed problem situations requiring additional measures (return of criminal cases to the investigator or prosecutor; application of the institution of pre-trial cooperation agreement; termination of criminal prosecution by the courts due to the lack of proof of the mandatory signs of a criminal community; actions of the investigator to prevent illegal banking activities). Both positive and negative examples of investigative and judicial practice are considered. The author concludes that the noted shortcomings are systemic and repetitive in nature which predetermined the development of practical recommendations for the resolution of relevant problem situations and improving the investigation of illegal banking activities in general.
How to Cite:
Lapin V.O., (2022), ACTUAL PROBLEMS OF INVESTIGATION OF ILLEGAL BANKING ACTIVITIES COMMITTED BY ORGANIZED GROUPS AND CRIMINAL ASSOCIATIONS. Gaps in Russian Legislation, 1 => 120-130.
Reference list:
Danilova N.A. Methods of Investigation of Crimes in the Sphere of Banking Activities: Issues of Theory and Practice: сand. ... doc. legal sciences. St. Petersburg, 2006. 445 p.
Lapin V.O. Modern practice of the preliminary investigation bodies of the Ministry of Internal Affairs of Russia on the investigation of illegal banking activities // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. № 1, 2021, pp. 14-22.
On judicial and investigative practice and the state of work of the preliminary investigation bodies of the Ministry of Internal Affairs of Russia to investigate crimes related to illegal banking activities (Article 172 of the Criminal Code of the Russian Federation) based on the results of 2020: Analytical review with proposals. Moscow: Academy of Management Ministry of Internal Affairs of Russia, 2021. 38 p.
Organization and methods of investigation of certain types of economic crimes: teaching aid / Ed. A.I. Bastrykin, A.F. Volynsky, V.A. Prorvich. Moscow: Sputnik+ Publishing House, 2016. P. 179-240.
Letter from the Investigation Department of the Ministry of Internal Affairs of Russia dated May 18, 2021 № 17/3-18722 «On the implementation of proper procedural control over the investigation of criminal cases initiated under Art. 209-210 of the Criminal Code of the Russian Federation».
Polyakov N.V. Features of the methodology for investigating illegal cashing and transit of funds: dis. ... cand. legal sciences. Krasnoyarsk, 2021. 241 p.
Samoilova Yu.B., Rozovskaya T.I., Statsenko V.G. Illegal banking activity: criminal law characteristics and features of the preliminary investigation. Educational and practical guide. M.: Yurlitinform, 2015. 228 p.
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Keywords:
illegal banking activities, investigation, criminal community, pre-trial cooperation agreement.


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