Main directions of involving a specialist in the conduct of investigative (search) actions in investigations of criminal offenses related to the illegal use of budget funds in the industry of health care

Размещено на http://www.allbest.ru/

Размещено на http://www.allbest.ru/

Main directions of involving a specialist in the conduct of investigative (search) actions in investigations of criminal offenses related to the illegal use of budget funds in the industry of health care

Kalyuga Oleg, graduate student of the department of criminology and pre-medical training of the Dnipropetrovsk State University of Internal Affairs

Both procedural and non-procedural forms of the use of special knowledge are used in the detection and investigation of criminal offenses related to the illegal use of budget funds in the field of health care. However, such a form as the participation of a specialist during procedural actions becomes of great importance.

Effective counteraction to criminal offenses related to the illegal use of budget funds in the field of health care is provided by a comprehensive approach, a special component of which is the use of special knowledge. To study the subject of the dissertation, which consists in the use of special knowledge in the investigation of illegal actions related to state funding of the health care sector, a general understanding of the concept of special knowledge, its forms of use, types, persons who possess and use it is absolutely necessary in criminal proceedings. However, their essence depends on a number of factors. In particular, a significant influence on the investigation process of the mentioned crimes is exerted by the interdependence of the trace picture, the ways of committing illegal acts, as well as the peculiarities of financing the health care industry (at the expense of the state budget, as well as from local budgets, various funds, loans from international banks, charitable contributions and etc.). These and other factors influence the choice of a certain form of use of special knowledge and determine their specificity [1, p. 131-133].

According to A.A. Kravchenko and M.G. Shcherbakovsky, the special knowledge of a specialist is systematized information from various fields of theoretical and practical activity, which specialists acquire as a result of training and experience in a certain specialty, applied on the basis of skills and abilities in a procedural or non-procedural form for the purpose of collection (formation), research, evaluation evidence, establishment of grounds for making procedural and tactical decisions by authorized persons in criminal proceedings [2, p. 65-66].

Those forms that are directly provided for by law should be considered procedural, namely: a) participation of a specialist in criminal proceedings; b) conducting forensic examinations.

Non-procedural should be considered special knowledge not outside the criminal process, but those that are not directly provided for by law. Such forms are: a) departmental investigations, inspections of technical condition; b) carrying out investigations of objects directly at the scene of the incident; c) consulting and reference assistance; d) provision of technical assistance in the preparation of technical means, performance of labor-intensive works; e) use of the assistance of knowledgeable persons when conducting operative and investigative measures.

According to the research of V.A. Poor, during the investigation of criminal offenses related to the illegal use of budget funds in the field of health care, in 44% of cases specialists from the economic field were involved, in 31% - from the medical field, in 22% - forensic specialists, 12% - specialists in the field of construction, etc.

Depending on the field of special knowledge, knowledgeable persons are involved as specialists and experts from both public and private institutions. For example, economists and criminologists are most often involved by agreement with scientific-research expert-criminological centers of the Ministry of Internal Affairs of Ukraine, with scientific-research institutes of forensic examinations of the Ministry of Justice of Ukraine. If photo and video recording of such investigative (search) actions as document review, search, investigative experiment is necessary, the assistance of forensic specialists from the departments of forensic support of the investigative departments of the Ministry of Internal Affairs of Ukraine or from the Expert Service of the Ministry of Internal Affairs of Ukraine in the regions will be required.

Although it should be noted that after the reform of the Expert Service of the Ministry of Internal Affairs of Ukraine, practical employees note the deterioration of interaction with specialists of the latter. During the interview, they noted inconveniences before the appointment of forensic examinations: only in one institution for each region, and not in each police department - 89%; the need for more time for the appointment of forensic examinations - 68%; inconvenience of obtaining an expert's opinion - 56% (only on behalf of the person who appointed the examination), inconvenience of attracting specialists as specialists - 45%; other - 10% [3, p. 65-66].

Forensic experts play an important role in the investigation of crimes related to the illegal use of budget funds in the field of health care. Sometimes it is not possible for the investigator to acquire a sufficient evidence base without an expert's opinion. The procedural status of an expert, like a specialist, is clearly defined in criminal procedural legislation. However, he does not have the right to independently collect the necessary material for expert research, and his poor quality collection leads to an incomplete conclusion, and sometimes to the refusal of the examination. This especially applies to multi-object handwriting, accounting, and commodity examinations. Therefore, it is extremely necessary for the investigator to prepare comparative samples and research objects in advance independently or with the involvement of a specialist.

When investigating criminal offenses related to the illegal use of budget funds in the field of health care, law enforcement agencies often cooperate with the state financial control body. Thus, according to the current legislation, state financial control is ensured by the state financial control body through state financial audit, inspection, procurement review and procurement monitoring. Reports and acts drawn up as a result of scheduled inspections are fully used by the investigator. But if there is an objective need to unscheduled inspection, law enforcement agencies must contact the state financial control body with a proposal to include this or that institution in the audit plan. It must be taken into account that this procedure takes time, which can interfere with the procedural terms [1, p. 131-134; 3, p. 272-274].

In the investigation of criminal offenses related to the illegal use of budget funds in the field of health care, the use of special knowledge in various forms is a powerful tool for obtaining evidence. Depending on the method of committing illegal actions, it is necessary to involve specialists in narrow fields, often groups of specialists from forensic support departments of investigative departments of the National Police of Ukraine, expert and other institutions.

When combating criminal offenses related to the illegal use of budget funds in the field of health care, the coordinated interaction of an investigator who specializes in the investigation of economic crimes, the operational officer of the Department of Strategic Investigations of the National Police of Ukraine, auditors, specialists and forensic experts is of great importance. the fields of economics, medicine, calligraphy, technical research of documents, etc. The success of the investigation and the establishment of the objective truth in criminal proceedings is guaranteed only thanks to the coherence and commonality of the actions of the specified subjects.

Список використаних джерел

2. Щербаковский М.Г., Кравченко А.А. Применение специальных знаний при раскрытии и расследовании преступлений. Харьков: Ун-т внутр. дел, 1999. 78 с.

3. Бідняк В.А. Основні види спеціальних знань при розслідуванні злочинів, пов'язаних із незаконним використанням бюджетних коштів у сфері охорони здоров'я. Актуальні питання криміналістики: матеріали Всеукр. наук.-практ. конф. (м. Київ 20 груд. 2019 р.). Київ: Нац. акад. внутр. справ, 2019. С. 272-274.

4. Бідняк В.А., Бідняк Г.С., Чаплинський К.О. Теоретичні, правові та праксеологічні засади використання спеціальних знань під час розслідування злочинів, пов'язаних із державним фінансуванням в галузі охорони здоров'я: монографія. Дніпро: ДДУВС, 2021. 206 с.

Размещено на Allbest.ru