On the Issue of Private Forensic Methods of Crime Investigation (Structure and Content)
The urgency of the development of a private forensic methodology for investigating crimes related to the legalization (laundering) of criminally acquired income (crimes under Articles 174, 1741 of the Criminal Code of the Russian Federation) is primarily due to the demand for it by the preliminary investigation authorities, which could have a positive impact on improving the quality of the investigation of cases of this category. During the preliminary investigation, investigators face active opposition from not only the suspects (accused), but also those interested in the outcome of the case. At the same time, they often show their unwillingness to accept adequate methods and means to overcome it. The theoretical basis for the development of methodological recommendations and proposals could be a private forensic methodology for investigating cases of this category. The problem statement: as the judicial and investigative practice shows, it is impossible or extremely difficult to increase the effectiveness of the investigation of the types of crimes under consideration without the availability of scientifically based recommendations developed in advance (in the form of a methodology) aimed at improving the quality of the investigation by optimizing the investigative (procedural) and operational-search actions. The need for forensic support is dictated by the following interrelated factors: it is not possible to ensure the completeness, objectivity and comprehensiveness of the investigation by «purely» procedural measures alone without operational support of cases; a low level of interaction with operational police units; active opposition by suspects and accused to preliminary investigation and trial using the latest modern techniques and means; the low professional skill of the investigators, in the production of which there are criminal cases of this category. The purpose of the study: to obtain new scientific knowledge and develop methodological recommendations based on them (in the form of a methodology) aimed at improving the quality and efficiency of investigating crimes related to the legalization of proceeds acquired by criminal means. The research methods: general scientific, including formal-logical (analysis, synthesis, generalization, hypotheses), private scientific (observation, questioning, interviewing, content analysis of documents). The results and key conclusions: within the framework of this scientific article, the study was carried out of the particular patterns associated with the mechanism of this type of crime, the emergence of information about the participants of this act the patterns of the trace formation mechanism), as well as those related to the identification, collection, consolidation, preservation, research, evaluation and use of evidence during pre-trial proceedings in cases of crimes of this category. Based on the results of this work, a mechanism for establishing new patterns is proposed. Measures have been developed to prevent errors and miscalculations in the investigation process. These include: a preliminary study, together with the investigator, of the initiator's (operational employee of the economic security and anti-corruption unit) materials; conditional division of the course of the investigation into stages with a specific statement of tasks; development of a joint coordinated plan for conducting investigative actions and operational search measures; conducting a complex of operational-search and other measures aimed at neutralizing counteraction to the investigation in an enhanced mode with the use of forces, means and methods of operational-search activity. In addition, it is proposed to minimize possible errors in the investigation of cases of this category by carefully working out investigative and operational-search versions and investigative and operational-tactical situations; analyzing the mistakes made in previous criminal cases.