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Criminal investigation of loan-related crimes


Author: Levandovski Nicolai
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2020
Scientific adviser: Iurie Larii
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

Term of presenting of the thesis 4 December, 2020

Abstract

Adobe PDF document0.43 Mb / in romanian
Adobe PDF document0.48 Mb / in russian

Thesis

CZU 343.97:336.77(043.3)

Adobe PDF document 1.92 Mb / in russian
222 pages


Keywords

loan-related crimes, the forensics features of crimes, the algorithm of actions within criminal prosecution, special operative investigation, preparation methods, committing and concealing the loan-related crimes, judicial expertise, loan

Summary

Thesis structure: The thesis consists of: introduction, three chapters, conclusion and recommendations, a bibliography of 263 titles, 153 pages of research text. The conclusions have been published in 7 scientific articles and 5 scientific reports during international conferences. The volume of publications on the topic of research is about 3,0 f.p.

The scope: Research and developing of scientific foundations of forensic methods of investigation of loan-related crimes; creation of an algorithm of actions in the framework of criminal prosecution and special investigation measures in the case of investigation of loan-related crimes.

The objectives: analyze the criminal features of the loan-related crimes and its main elements; make the forensic characterization of loan-related crimes; discover and analyze the methods of preparation, committing and concealing the loan-related crimes; reveal the gaps in legislation in the view to improve the national legislation of the Republic of Moldova in this field; research and analyze the empirical data during criminal investigation and in the court proceedings; analyze the evidences in criminal cases initiated in loan-related crimes and emphasize the circumstances, which are supposed to be settled and elucidated; research the principles of planning the investigation of loan-related crimes; discover and establish the meaning of the term „electronic document”; identify and study the tactical and operative investigation measures carried out in connection with loan-related crimes; identify all types of expertises and related questions; develop proposals and recommendations for the investigation of loanrelated crimes on the basis of analysis of scientific researches in this field as well as empiric materials related to this topic.

The originality of research: the originality of research is established by the fact that at the monographic level in the Republic of Moldova for the first time ever was undertaken an attempt of initiation of modern foresight of the criminal investigation method of loan-related crimes, as well is was elaborated and presented an algorithm of actions within the criminal prosecution and special operative investigation in case of loan-related crimes.

Scientific problem solved consists in elaboration of an algorithm of actions within the criminal prosecution and special operative investigation in the case of loan-related crimes, and subsequently establishing and proving all circumstances in order to improve the criminal investigation methods and achieving the goals in case of investigation of such crimes. Theoretical significance of the research: it is determinated by the formulation and solving of a number of issues related to the peculiarity of the criminal prosecution of loan-related crimes, as well as the justification of theoretical prerequisites for setting up a modern methodology of criminal prosecution of loan-related crimes. The thesis attempts to research comprehensively the peculiarities of prosecution of loan-related crimes, including forensic, legal, financial, economic and banking aspect.

The practical significance of the results lies in the fact that the dissertation presents a modern method of criminal prosecution of loan-related crimes and creates the basis for the further development of criminalistics techniques, depending on the characteristics of initial criminal situation, criminal methods of preparation, committing and concealment. The dissertation contains guidelines for criminal investigation bodies and professionals involved in special operative investigation activities.

Confirmation and implementing the results of the dissertation research. The research materials are used in the educational process at the Law Faculty of the Comrat State University for students, as well as by government bodies in charge of investigation of loan-related crimes.