Features of conducting some investigative actions in a fraud investigation in conditions of extraordinary legal regimes (epidemics, pandemics, martial state)

Abstract

The article is devoted to some aspects of conducting investigative (search) actions, in particular, interrogation, simultaneous interrogation of two or more previously interrogated persons, and presentation for identification in conditions of epidemic, pandemic and martial law in fraud proceedings.

It is noted that criminals who, adapting to the conditions of emergency legal regimes, find new ways of committing criminal offenses. Medicines, respirator masks, artificial respiration devices, household items, etc. became the subject of fraudulent operations under the conditions of the pandemic. During martial law, generators and other energy equipment, as well as things necessary for service in war zones, became the object of encroachment. The level of fraudulent activities related to embezzlement of humanitarian aid has become critical.

The author emphasizes the importance of implementing the functions of criminal justice in the conditions of special legal regimes, due to interrogation, simultaneous interrogation of two or more previously interrogated persons and presentation for identification in a remote mode.

The disadvantages of remote pre-trial investigation are emphasized, in particular, it is necessary to more clearly regulate procedural issues regarding the use of technical means, the legal status of persons and specialists who ensure the quality of communication, etc. During such proceedings, in order to avoid abuse and ambiguous interpretation by the specified participants in the process, it is necessary for the legislator to explain: “what other grounds are considered sufficient for the use of videoconferencing”, “when the quality of the image and sound is adequate”, “when information security regarding the conduct of a videoconference is considered complied with”. Measures to ensure the stability of communication channels and technical protection of such information at the state level are very necessary.