SEARCH IN CRIMINAL PROCEEDINGS ON FRAUD COMMITTED BY MEMBERS OF ORGANIZED CRIMINAL GROUPS

Abstract

This article is devoted to uncovering the specifics of conducting searches in criminal proceedings related to fraud committed by members of organized criminal groups. The study highlights key problematic aspects encountered by prosecutors and investigators in their legal practice when filing a motion with an investigative judge for authorization to conduct a search in a person's residence or other possessions. The paper also proposes solutions to these issues while ensuring compliance with legislative requirements. It is established that the distinctive features of conducting searches in this category of criminal proceedings include: the specificity of search objects; the affiliation of search objects with members of organized criminal groups; the presence of firearms, cold weapons, explosives, prohibited items, objects whose production, storage, and distribution are criminally punishable, items bearing traces of crimes, assets obtained through criminal means, various documents, and individuals concealed by members of organized criminal groups in various locations; the coercive nature of searches; the urgent need for searches to overcome significant resistance from authorities, government structures, corrupt law enforcement officers, and members of other criminal organizations, including those serving sentences in correctional facilities; the practice of conducting “group searches” – a series of simultaneous searches at the workplaces or residences of organized crime members; and the necessity of involving special forces personnel in cases where there is a risk of armed resistance or destruction of evidence. Despite the effectiveness of “group searches”, the study identifies practical challenges, including: contesting the legality of searches (due to procedural violations or insufficient grounds); information leaks that hinder the apprehension of fraud scheme organizers; and difficulties in identifying the actual beneficiaries of criminal activities. The article also emphasizes that the legislative requirement for mandatory audio and video recording of searches conducted on members of organized criminal groups is aimed at ensuring additional safeguards of legality during this investigative (detective) action.