CIRCUMSTANCES TO BE DETERMINED DURING THE PRE-JUDICIAL INVESTIGATION OF ILLEGAL POSSESSION OF THE PROPERTY OF AN ENTERPRISE, INSTITUTION, ORGANIZATION

Abstract

The article is devoted to the study of issues related to the establishment of
circumstances to be ascertained during the investigation of illegal seizure of
property of an enterprise, institution, or organization. An analysis of the state of
scientific development of methodical recommendations for the investigation of
illegal appropriation of property of an enterprise, institution, or organization was
carried out. The positions of scientists regarding the ratio of "subject of proof" and
"circumstances to be ascertained" during the investigation of a criminal offense
under Art. 206-2 of the Criminal Code of Ukraine. The criteria for the
systematization of the circumstances to be established during the pre-trial
investigation of illegal appropriation of the property of an enterprise, institution,
or organization have been clarified. An approximate list of the necessary
circumstances to be ascertained during the pre-trial investigation of the specified
criminal offenses has been determined. A brief description of the specified
circumstances is provided. It is emphasized that this list is not permanent, and the
circumstances are determined based on the principle of completeness and
comprehensiveness of the investigation, but at the same time taking into account
the economy of forces and means of the pre-trial investigation bodies and the
speed of the investigation.