Mechanism of criminal activity aimed at unlawful seizure of business entities’ assets

Author:

Tiulieniev S. A.ORCID

Abstract

Based on the analysis of the investigative and judicial practice of investigation of criminal offences related to raiding, and also on the generalization of theoretical developments on the mechanism of criminal activity, the article proves that the mechanism of criminal activity of raiders is complex and multifaceted, since it is manifested in a variety of criminal offences which may sometimes even be embodied by criminal technologies. Based on the scientific research carried out, depending on the object and subject matter of the offence, it has been established that criminal offences related to raiding can be classified into several groups. In this regard, it is proposed that in the context of cognition of the criminal activity of raiders, the author distinguishes a specific mechanism of criminal activity, which should be understood as the internal systemic order of interaction of the forensically significant elements of criminal activity of a raider, a group of raiders and factors of objective reality, which is caused by the object and subject of criminal encroachment and is a reflection of criminal activity and is manifested in a group of constituent elements covering forensically significant information. It is determined that the constituent elements of the species mechanism should be considered to be the situation, the subject matter of the criminal offence, the totality of actions of the offender and other persons associated with him/her, the behaviour of the victim and the actions of persons who were accidental participants to the criminal offence or were otherwise involved in the implementation of the criminal intent of the raider, a group of raiders, and the correlations between the actions of the offender and the criminal result which occurred as a result of the criminal actions of the offender. It is emphasised that the prospects for further research should be detailed characteristics of the outlined elements of the specific mechanisms of each of the identified groups of criminal offences related to raiding.

Publisher

Kharkiv National University of Internal Affairs

Reference18 articles.

1. Bereznyak, V. S. (2020). Concerning criminal offenses committed in the field of land relations and corporate property. Juridical Science, 9(111), 128–134. https://doi.org/10.32844/10.32844/2222-5374-2020-111-9.15.

2. Hryshchenko, N. M. (2019). Criminal responsibility for misappropriation of property of the enterprise, institution, organization [Candidate thesis, Dnipropetrovsk State University of Internal Affairs].

3. Husieva, V. О. (2022). Criminal classification of criminal offenses related to raiding, elements of their criminal characteristics. Bulletin of Luhansk State University of Internal Affairs named after E. O. Didorenko, 3(99), 242–252. https://doi.org/10.33766/2524-0323.99.242-252.

4. Kikinchuk, V. V., & Husieva, V. O. (2020). Peculiarities of the investigation of criminal offenses related to illegal takeover and seizure of enterprises, agricultural lands, violation of the rights of their legitimate owners (raiding). KhNUIA.

5. Tataryn, N. M., & Priakhin, Ye. V. (2019). The method of investigation of unauthorized occupation of a land plot and unauthorized construction. Lviv State University of Internal Affairs.

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3