Features of using the results of operational-investigative activities in resolving economic disputes as a strategic direction for countering the shadow economy

Abstract

he growth of criminal activity in the shadow economy has led to the emergence of new criminal schemes, in which the use of pseudo-legitimate civil law instruments acts as a way to obtain criminal windfall profits. Most often this happens at the sites of arbitration courts, which use open, publicly available information in resolving economic disputes. Currently, there is an increase in applications to the courts by unscrupulous participants in civil law relations in order to give legal character to property obtained by criminal means. At the same time, the use of the results of operational-search activities in the arbitration process, in the event of identified or visible signs of illegality or nullity of such transactions, is virtually impossible, which acts as a serious and systemic legal gap. However, in accordance with Art. 2 of the Code of Civil Procedure, as well as Art. 4 of the Code of Administrative Procedure of the Russian Federation, as well as Art. 2 and 188.1 of the Arbitration Procedure Code of the Russian Federation, one of the key tasks is the prevention of offenses, including when considering civil cases. The resolution of the presented problem is seen in the introduction of amendments to the Federal Law “On operational-search activity”, the Arbitration Procedure Code of the Russian Federation and the Instruction on the procedure for presenting the results of operational-search activity to the body of inquiry, investigator or court”, on the basis of which the courts considering economic disputes shall be granted the right to use the materials of operational-search activity in their professional activities.