Features of detection of profit-motivated crimes violating land legislation

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Introduction: the article deals with the specific features of criminal activity aimed at preventing the establishment of circumstances of illegal alienation of land, accompanied by the registration of illegal transfer of ownership. Actions on concealing crimes in the sphere of land legal relations have a clearly expressed specificity, predetermined by the peculiarities of this type of property, such as land plots, as well as the legal regime of their circulation. Materials and methods: the empirical base of the study was the results of the empirical analysis of 155 criminal cases of crimes related to the violation of land legislation committed with mercenary interest, investigated and considered in various regions of the Russian Federation. The methodological basis of the study was the general dialectical method of cognition, which contributes to the full and comprehensive consideration of the mechanism of committing crimes related to the violation of land legislation, in the structure of which crime concealment actions take a significant place. In addition, the study used methods of observation, description, generalization, comparison, modeling, analysis and synthesis. Results: having considered crime concealment actions of mercenary orientation associated with the violation of land legislation in the content aspect, we concluded that they had clearly expressed features that are predetermined, first, by the specifics of land resources as objects of criminal offence; secondly, by the competence of the persons interested in the regime of occurrence, termination, transfer of ownership of land and other legal ownership, regulated by the legislation, and thirdly, by the immanent presence of methods for concealing the crime in the system of illegal actions of the subjects of the crime, starting from the preparatory stage of criminal activity. Summary and conclusions: active implementation of the perpetrators of the various measures for concealment of the crime determines the difficulty of identification and comprehensive investigation of these acts. Therefore, when developing a private forensic methodology for the investigation of crimes of this category, based on the doctrinal provisions of the methodological and forensic support for the investigation of certain types of crimes, it is necessary to build a system of forensic recommendations with a high potential for exposing actions to conceal criminal violations of land legislation, including those considered in this article.

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Land, land plots, real estate, modus operandi, concealment of crime, the subject of the crime, registration, ownership

Короткий адрес: https://sciup.org/143166726

IDR: 143166726   |   DOI: 10.24411/2312-3184-2019-10011

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