ESTABLISHMENT OF SIGNS OF INTENTIONAL BANKRUPTCY IN THE ABSENCE OF DOCUMENTS REFLECTING THE FINANCIAL AND ECONOMIC ACTIVITIES OF THE DEBTOR
Abstract and keywords
Abstract (English):
The article, based on the analysis of the practice of the preliminary investigation units of the internal affairs bodies, identifies the problems associated with the production of financial and analytical examinations in the investigation of intentional bankruptcies. The issues related to the inability to determine the impact of the debtor’s transactions on his financial condition in the absence of accounting documents are considered. Conclusions are drawn that the absence of these documents should not be considered by investigative units as an insurmountable obstacle to establishing signs of intentional bankruptcy, and the conclusions in the expert’s conclusion on the presence of these signs indicate that the expert went beyond his competence and gave a legal assessment of the act.

Keywords:
criminal bankruptcy, intentional bankruptcy, investigation, financial and analytical expertise, competence of experts, legal assessment of the act
Text
Publication text (PDF): Read Download
References

1. Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996. Collection of legislative acts of the RF, 1996, no. 25, art. 2954. (In Russ.)

2. Sheveleva L. A. Expert study of the financial condition of an economic entity in the investigation of crimes in the field of economic activity. Economic security of Russia: challenges of the XXI century: materials of the International scientific and practical conference, Saratov, March 15, 2016 / ed. by I. A. Sushkova. Saratov: Saratov Socio-Economic Institute (branch) of the Federal State Budgetary Educational Institution of Higher Education “Plekhanov Russian University of Economics” Publ., 2016. Pp. 296-303. (In Russ.)

3. The code of criminal procedure of the Russian Federation no. 174-FZ of December 18, 2001. Collection of legislative acts of the RF, 2001, no. 52, art. 4931. (In Russ.)

4. Criminal case no. 12001460034000060. Supervisory proceedings of the Main Investigative Department of the Ministry of Internal Affairs of Russia in the Moscow region, 2021. (In Russ.)

5. Criminal case no. 12001920041000118. Supervisory proceedings of the Main Investigative Department of the Ministry of Internal Affairs of the Republic of Tatarstan, 2021. (In Russ.)

6. Criminal case no. 12001680032001073. Supervisory proceedings of the Main Investigative Department of the Ministry of Internal Affairs of Russia in the Krasnodar region, 2021. (In Russ.)

7. On forensic examination in criminal cases: resolution of the Plenum of the Supreme Court of the Russian Federation no. 28 of December 21, 2010. Access from the reference legal system “ConsultantPlus”. URL: https://www.consultant.ru/document/cons_doc_LAW_108437 (accessed 20.05.2023).


Login or Create
* Forgot password?