Technology of formation of procedural knowledge about crimes related to illegal banking activities in pre-trial proceedings

Criminal proceedings on economic crimes occupy an important place in modern criminal law science. Many aspects have already become the subject of scientific research and have been revealed on the pages of monographic works, abstracts of speeches, etc. The criminal procedural proof in criminal cases of crimes related to illegal banking activities was no exception to this series. It is worth noting that banking is both an important segment for the country's economy and an area of increased criminogenicity due to the possibility of committing crimes of a very different orientation. The commission of crimes provided for by the disposition of Article 172 of the Criminal Code of the Russian Federation negatively affects the functioning of the banking system as a whole. The variety and scale of such crimes poses an urgent task for the science of criminal procedure to identify common patterns of formation of legal methods of cognition used by law enforcement agencies in the identification, investigation and disclosure of these crimes.

Conducting a study of the problems of establishing circumstances in criminal cases of illegal banking activity led to the hypothesis of the need to use two categories known in the theory of proof – "procedural knowledge" and "technology of proof", which do not yet have a well-established scientific and practical application. It is assumed that the use of these concepts with filling them with a well-defined content can give a new impetus to the development of the doctrine of proof and evidence in criminal proceedings in cases of this category.

The purpose of the study is to determine the essence and demonstrate the potential of the technology of proof and the introduction into the legal field of procedural knowledge in criminal cases of illegal banking activities.

To achieve this goal, the following tasks were set: to investigate the essence and define the categories "technology of proof", "procedural knowledge"; to study the legal foundations of the technology of formation of procedural knowledge; to determine the possibility of integrating evidence technology into law enforcement activities.

The main research methods were: system-functional analysis, semantic analysis, synthesis, generalization, modeling, formal-legal, comparative-legal.

The result of the study was a set of new knowledge about the legal ways to obtain information about the circumstances of crimes committed in the banking sector. The article shows which operational investigative measures, investigative actions, procedural actions and their combinations are used at various stages of the formation of "procedural knowledge" suitable for making a final decision on the case. Through the category of "technology of proof", various aspects of the activities of the preliminary investigation bodies and operational search units for the formation of "procedural knowledge" are presented.

The article draws specific conclusions about the features of the technology of developing procedural knowledge in criminal cases of crimes related to illegal banking activities.

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