Some elements of criminalistic characteristic of the fraud which entailed loss of the right for housing

Бесплатный доступ

Introduction: In a technique of investigation of fraud in the sphere of a turn of the real estate the important place is taken by criminalistic characteristic. A quantitative and qualitative variety of ways of commission of fraud with the real estate and concealment of criminal activity demands their careful studying. We considered such significant elements of criminalistic characteristic as the identity of the criminal, the way of crime execution including preparation and concealment of crime and also the mechanism of a sledoobrazovaniye united by correlation communications. Materials and methods: the standard basis of a research is formed by the Constitution of the Russian Federation, the criminal and criminal procedure legislation, local regulations regulating emergence of an ownership right on invisibility. The methodological basis of a research was made by the general dialectic method of scientific knowledge which allowed to consider fully and comprehensively elements of criminalistic characteristic and also methods of logical deduction, induction, informative methods and methods of observation, comparisons, the analysis, generalization and the description. Results: having considered the maintenance of a way of crime execution, the identity of the criminal and the mechanism of a sledoobrazovaniye as elements of criminalistic characteristic of fraud in the sphere of a turn of the real estate we came to a conclusion about high extent of correlation communication of these elements, high degree of latency of the considered crime and the importance of knowledge of criminalistic signs of crime for its disclosure and investigation. Conclusions and conclusions: the specifics of a way of concealment of fraud in the sphere of a turn of the real estate which are expressed in giving of legality to the civil transaction cause problematical character of identification and proof of existence of signs of deception. Therefore development of a private technique of investigation of crimes of the called category has to be based on a system criminalistic signs of crime.

Еще

The real estate, housing, criminalistic characteristic, fraud in the sphere of a turn of the real estate, the identity of the criminal, a way of crime execution, the sledoobrazovaniye mechanism

Короткий адрес: https://sciup.org/143166738

IDR: 143166738   |   DOI: 10.24411/2312-3184-2019-10023

Статья научная