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SOME ASPECTS OF THE USE OF SPECIAL KNOWLEDGE IN INVESTIGATION OF NON-PAYMENT OF WAGES

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PDF: Author(s): Butyrskaya A. V., Lushin E. A.,
Number of journal: 4(53) Date: November 2020
Annotation:

Due to the current difficult economic situation in the country caused by the coronovirus epidemic, the problem of non-payment of wages has become urgent. The tasks facing law enforcement agencies are to contain this negative phenomenon by increasing the effectiveness of the fight against this negative phenomenon, bringing the perpetrators to criminal responsibility, and protecting the constitutional rights of citizens to decent pay. A significant role in achieving these goals is played by the use of special knowledge in the investigation of crimes under art. 145.1 of the Criminal Code by the investigators of the Investigative Committee of the Russian Federation, attracting specialists in the field of Economics, Finance, and accounting. The article deals with some problematic issues arising from the interaction of investigative and expert bodies in the investigation of this group of crimes. In particular, they relate to the investigator’s determination of the type of expertise to be assigned, and the preparation of materials for referral to an expert institution. It is shown that the documents containing lists of types of forensic examinations of expert divisions of different departments contain different classifications. In addition, sometimes the same issue can be resolved when conducting different types of expertise performed by experts from the same expert institution. According to the authors, the existing ambiguities can be compensated in most cases by timely consultation of the investigator with an expert or specialist of the relevant specialty. The article considers situations in which criminal cases are sent to the court without expert research in the practice of investigative bodies. Positive examples of the use of special knowledge in the investigation of this category of criminal cases are given.

Keywords:

unpaid wages, the investigation of crimes under article 145.1 of the RF Criminal Code, the use of special knowledge in investigation of crimes, the specifics of application of special knowledge during the investigation of the unpaid wages, judicial-economic examination, forensic accounting, appointment of expertise, the use of a specialist in the investigation.

For citation:

Butyrskaya A. V., Lushin E. A. Some aspects of the use of special knowledge in investigation of non-payment of wages. Business. Education. Law, 2020, no. 4, pp. 261–265. DOI: 10.25683/VOLBI.2020.53.441.