YPICAL SITUATIONS OF THE INITIAL PHASE OF THE INVESTIGATION OF PETTY THEFT IN THE FORM OF THEFT COMMITTED BY A PERSON SUBJECT TO ADMINISTRATIVE PUNISHMENT

The purpose of this study is to formulate, on the basis of law enforcement practice, typical situations of the initial stage of the investigation of petty theft committed by a person subjected to administrative punishment. The authors point out that each illegal act has a set of elements (the persons involved, the circumstances of the theft, the consequences, the subject of criminal encroachment, etc.), which characterizes this particular event. Considering them together allows us to identify patterns and generalize them. The specifics of the investigation of cases in this category provide for the presence of an administrative offense committed earlier (within one year), provided for in Part 2 of Article 7.27 of the Administrative Code of the Russian Federation. The article indicates the authors’ vision of the concept of a typical investigative situation, taking into account the specifics of the investigation of petty theft committed by a person subjected to administrative punishment. At the same time, it is noted that a private methodology for investigating a crime under Article 158.1 of the Criminal Code of the Russian Federation has not been developed. The article substantiates the idea of typification of the analyzed corpus delicti. The authors, based on the information obtained when studying the materials of criminal cases on crimes qualified as petty theft committed by persons subjected to administrative punishment, formulate two situations that arise especially often. The first one is characterized as favorable for the inquirer, since there is no need to initiate search activities to establish the location of the suspect. The second situation, on the contrary, refers to unfavorable, since the investigator in the conditions of the current situation needs to carry out a complex of investigative and other procedural actions aimed at establishing the location of the suspect. Thus, the identification of typical investigation situations implies an increase in the effectiveness of investigative and other procedural actions. The authors come to the conclusion that there are two variants of typical situations of investigation of the considered corpus delicti. When they are highlighted, the tasks that need to be solved and the algorithm of the investigator’s actions in a typical investigation situation are described.

ypical situations of investigation; typical investigative situations; petty theft committed by a person subjected to administrative punishment; investigative situations; investigative actions; procedural actions; algorithm of actions; planning

Zhaitumenova A. R., Kuznetsov A. A. Typical situations of the initial phase of the investigation of petty theft in the form of theft committed by a person subject to administrative punishment. Business. Education. Law, 2022, no. 4, pp. 258—262. DOI: 10.25683/VOLBI.2022.61.479.