Fundamentals of the criminalistic characteristics of corruption crimes: updated methodological approach

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Introduction: a new methodological approach to the content of the forensic characteristics of corruption crimes is proposed. In accordance with it, for brevity and convenience of perception, it is necessary to include a number of classifications of these criminal attacks: according to the criminal law criterion, according to the subjects, according to the signs of the situation, etc. Criminal corruption activity cannot be equated only with bribery and other bribery. This is a set of heterogeneous crimes, in addition to the specified, including a variety of: theft, abuse of authority, abuse of authority, money laundering. The most socially dangerous corruption manifestations are committed in series and as part of organized criminal groups. Such an approach will create practically demanded methods for investigating the analyzed crimes. Materials and methods: the normative basis of the study is the Constitution of the Russian Federation, the norms of international and national law in the field of combating, primarily, criminal corruption, as well as departmental regulatory legal acts of the law enforcement bodies of the Russian Federation. The methodological basis of the study was, first of all, the dialectical method of cognition of phenomena, as well as interdisciplinary and dispositive approaches to the formation of the criminalistic characteristics of crimes and methods of their investigation. Such private-scientific methods were also used as: formal-logical, system-structural, modeling - to study the fundamentals of building the forensic characteristics of corruption crimes, comparative legal - to analyze Russian and foreign realities, patterns of criminal corruption; sociological, in particular for interviewing respondents. Results of the study: scientific provisions on the basic laws of criminal corruption activity are substantiated, which must be taken into account when creating the forensic characteristics of the analyzed crimes and then - when forming the basic and private methods for their investigation. Based on the aforementioned new methodological approach, the author's definition of corruption crimes is formulated, their classification is given on a number of the forensic-significant grounds mentioned. Findings and conclusions: the conclusion is drawn that in order to increase the effectiveness of combating criminal corruption in the theoretical and methodological terms, it is necessary to correct and combine all the already created private criminalistic methods for investigating corruption crimes and combine them into one, higher level of generality - the basic method for investigating corruption crimes. The basis for its formation may be the approaches proposed in the article to the content of the forensic characteristics of these crimes.

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Corruption crimes, criminal corruption, the formation of a criminalistic investigation methodology, forensic characteristics, serial crimes, classification of crimes

Короткий адрес: https://sciup.org/143173203

IDR: 143173203   |   DOI: 10.24411/2312-3184-2020-10042

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