Actual Problems of Investigation of Illegal Banking Activities Committed by Organized Groups and Criminal Associations

The purpose of the research. A significant contribution to ensuring the state of protection of the banking system from unlawful encroachments contribute to law enforcement agencies by identifying, investigating and preventing illegal banking activities. The purpose of the study is to establishing and detection problematic situations that have a negative impact on the process of investigating and proving illegal banking activities committed in an organized manner. This is necessary to ensure a high level of protection of citizens, society and the state in the banking sector as well as improving the effectiveness of the investigation of criminal cases of crimes in this category. Results. As a result of the study based on the analysis of the practice of investigating illegal banking activities committed by organized groups and criminal associations, identified and analyzed problem situations requiring additional measures (return of criminal cases to the investigator or prosecutor; application of the institution of pre-trial cooperation agreement; termination of criminal prosecution by the courts due to the lack of proof of the mandatory signs of a criminal community; actions of the investigator to prevent illegal banking activities). Both positive and negative examples of investigative and judicial practice are considered. The author concludes that the noted shortcomings are systemic and repetitive in nature which predetermined the development of practical recommendations for the resolution of relevant problem situations and improving the investigation of illegal banking activities in general.

illegal banking activities, investigation, criminal community, pre-trial cooperation agreement, «shadow» platform