Рrevention of crimes of corruption in the process of their investigation

Abstract

The activity of the investigator to prevent corruption-related crimes at the stage of their investigation is considered. An analysis of the state, aspirations and trends of this activity was carried out. Attention is drawn to the insufficient effectiveness of the actions of the investigator regulated by law in the aspect of the implementation of measures to prevent corruption crimes. In accordance with the Code of Criminal Procedure of the Republic of Belarus, the investigator is obliged to identify the causes and conditions that contributed to the commission of corruption crimes. In the future, he makes a presentation on the elimination of the identified causes and conditions for the commission of a crime or refrains from such actions, guided by his discretion within the limits of the granted right. In this regard, it is proposed to fix at the level of law the duty of the investigator to take response measures in case of revealing the causes and conditions for the commission of a crime. The author points to the likely directions of investigative activities in connection with the need to prevent corruption crimes. One of these areas is the implementation of preventive measures of an individual nature in relation to the participants in the criminal process. The objects of preventive action carried out in the course of investigative actions are the suspected (accused), and in some cases other participants in criminal proceedings. Another direction for the implementation of measures to prevent corruption crimes is unfolding outside the investigated criminal case. In this case, the objects of preventive work of the investigator are the organization (institution) in which the corruption crime occurred, its management, as well as an indefinite circle of other persons whose professional or official activities are carried out in this organization (institution). As an independent direction of combating corruption crimes, the author proposes joint preventive activities, the participants of which are investigators who investigated criminal cases of corruption, and a specialized unit of the Investigative Committee. The implementation of preventive activities in these areas seems possible on a regulatory basis, which implies the improvement of the current procedural legislation.