Some features of investigation of the offences committed in the sphere of bank activity

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This article examines some features of investigation of bank activity, including the illegal withdrawal of bank assets abroad, in particular. Based on the deep analysis of norms of existing criminal-procedural and bank legislation of the Russian Federation, statistical data on the work of law enforcement, including investigative and operational-investigative authorities, the article author is analyzed the features of institute criminal proceedings and offences investigation, committed in the sphere of bank activity. The contributor is stressed that the withdrawal of bank assets, abroad among others, is often connected with the com- mission of a series of related offences, suggesting the movement of both legal and illegal monetary means. In all cases there is unconditional undermining the foundations of the economy of the Russian Federation. However, during the investigation of bank offences the investigators often make mistakes related to the unjustified suspension and termination of responding criminal cases. This is due to the implementation they are not all the possible moments of such investigative and procedural actions, and operative-investigative authorities of special investigation activities. The author's conclusions about those factors that hamper the effective detection and investigation of bank offences give the particular value of this publication. The author refers to such factors: the lower level of interaction between the investigative, operational-investigative and supervisory authorities, the duration and cost of forensic examination, the difficulties of estab- lishing the fact in issue, the need for production of a large number of investigative actions and special investigation activities, among other things on the territory of neighboring states, the need of acquaintance of participants of a criminal process with a large number of bank, financial, accounting and other documentation, the difficulties caused untimely statement of civil suits by the victims, the hasty adoption of proceeding decisions by investigators, delaying terms of preliminary investigation, the lack of due attention of investigators and operational police officers to measures, undertaken in ensuring compensation of the material damage caused by bank offences and so forth.

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Preliminary investigation authorities, damage, interdepartmental interaction, prosecutor''s supervision

Короткий адрес: https://sciup.org/14119926

IDR: 14119926

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