ON SOME ISSUES OF CARRYING OUT OF THE ACTION SCENE SEARCH IN THE ORGANIZATION OFFICE

The issues of obtaining information from a computer during the action scene search, in particular, the office space of organization, offices of its management, financial and accounting staff during investigation of criminal cases of fraud and intentional or fictitious bankruptcy, malfeasance. The information obtained during the said investigative action is used by the investigation bodies to prove or establish any information of interest to them for the purposes of investigation or prior to investigation. It is possible to violate the procedure of conducting a search provided for by the criminal procedure legislation by naming the place of the incident. The author concludes that it is necessary to determine the content of the concept of inspection of the scene based on the provisions of Art. 176 of the code of criminal procedure, as an investigative action aimed at detecting traces of a crime, as well as to clarify other circumstances relevant to the criminal case. For the purpose of observance of the rights and legitimate interests of participants of criminal proceedings, including owners or heads of the organization, it is carried out in the presence of its representatives. The possibility of examination of the computer content in the course of the action scene search, which is still common practice in the investigation of criminal cases, was studied. The available points of view on the procedural nature of the examination are considered, their differentiation according to the content of the positions of the authors adhering to them is made. It is stated that there is a well‑established approach according to which the study during the action scene search should not be associated with an active search. Based on the identified legal understanding of the nature of the action scene inspection, its relations with the search are identified.

investigative actions, the preliminary examination, the examination of the scene, the search and the seizure of computer information, proof, evidence, fraud, bankruptcy, abuse of office, crimes in the sphere of economic activity, malfeasance, protection of entrepreneurs.

Ushakov O. M. On some issues of carrying out of the action scene search in the organization office. Business. Education. Law, 2019, no. 2, pp. 287–291. DOI: 10.25683/VOLBI.2019.47.276.