Prevention of Crime in Economic Activity

Abstract

The article focuses on the prevention of crimes in the sphere of economic activity, in particular, regarding the creation of a state law enforcement agency whose activities will be aimed at identifying, preventing, terminating, investigating and disclosing criminal offenses in the sphere of economic activity that are attributable to its jurisdiction that directly or indirectly cause damage. Public finances, as well as fight against crime in the field of taxation, customs and budgetary spheres, and prevent their commission in the future. In addition, approaches to the definition of types of criminal offenses that can be categorized as committed in enterprises, institutions and organizations by type of economic activity are analyzed. It is stressed that among scientists there is no unanimous opinion regarding the interpretation of the essence of the concept of «economic crimes» and their classification. The lack of common approaches to the issue under discussion creates some difficulties in practice, which significantly reduces the level of crime prevention in the field of economic activity. The article also states that the requirements of paragraph 26 of the Regulation on the procedure for conducting the Single Register of pre-trial investigations, approved by the order of the Prosecutor General of Ukraine of April 6, 2016, No. 139, according to which criminal offenses (persons who committed them) by types of economic activity are determined and are entered in the Register only with the use of the National Classifier of Ukraine «Classification of Types of Economic Activity», need to be improved. To this end, it is proposed to standardize the procedure for recording crimes committed at enterprises, institutions and organizations by types of economic activity, by the relevant legal act, to determine a clear list of articles of the Criminal Code of Ukraine. In determining the types of crimes that can be attributed to crimes in the field of economic activity, be guided by the following provisions: a crime committed by a special subject (official), which is related to the implementation of organizational and administrative or administrative functions, to be attributed to committed at an enterprise, institution or organization irrespective of the form of ownership; a crime the subject of which is a general subject to account for the Classifier of types of economic activity, provided that he is committed: an employee of an enterprise, institution or organization in the performance of labor duties, another person whose criminal actions are caused to damage the enterprise, institution, organization or a business entity. Thus, the specified list will determine a clear procedure for attributing criminal offenses to the number committed at enterprises, institutions and organizations by type of economic activity.