ВКР Чупеева (1232918), страница 21

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The main purpose of this qualifying paper is to present the theoretical justification of the criminalistics category of a “forgery” of documents, its essence and to define on its basis the objective laws of systematization of information on a forgery within the criminalistics characteristics and the methodology used to investigate such crimes.

In order to achieve the above mentioned aim the following tasks were set and solved:

1. the examination of a forgery from historical aspect and its further development according to the modern law;

2. the examination of the legal nature of a document in historical and criminalistical aspects and as well as within the limits of modern Russian legislation;

3. the determination of the criminalistical category a “forgery” and its structure;

4. the determination of the forgery’s function as an element of a crime committing;

5. the examination of kinds and methods of committing a forgery depending on different crimes;

6. the study of the activities of law-enforcement authorities that are involved into uncovering, investigation, and suppression of crimes with a forgery element;

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The object of the research of the qualifying paper is the matters in the field of criminal law, criminal process law, criminalistics which arise in the sphere of document circulation.

The subject of the qualifying paper is the legal norms of the Russian legislation that regulate actions with the forged document flow and qualify the crimes with a forgery element.

Methodological and theoretical basis of the research makes up the fundamental matters of criminalistics, juridical, social, and economical sciences related to the question of researching a forgery. In this research different general, private, and special scientific knowledge was realized.

An analysis and a synthesis are the methods of processing and systematization of empirical knowledge. The analysis is known as a process of mental dividing of subjects or events into the pieces. For the purpose of the qualifying paper the analysis was applied to study the formal components of crimes that contain the forgery as an integral part. Additionally, analysis was applied to study the definition of a “document” as well as the juridical definition of a “document”. Another opposite procedure is a synthesis that connects the whole entity pieces that were divided by the analysis. All illegal actions with a forgery can be integrated by using the synthesis. By synthesizing all the crimes can be generalized with the latency of such crimes and the general legal idea of the forgery crimes can be compiled [41].

A logical method is applied to characterize economical crimes that are committed with a forgery. Such method allows us to prove or refute arguments concerning the prevalent points indicating the economical crimes with a forgery.

A method of classification is applied with a purpose of characterizing legal definitions and different phenomena.

A technical method covers up and indicates the definitions that refer to a forgery crime. A comparative legal method is used to examine the similarities among concepts and discover their specific features (falsification, counterfeit, forgery, false en

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try, etc). This method is used to examine the foreign criminal legislation, particularly, that of the USA, concerning crimes with a forgery element.

A comparative and historical method is applied to compare the sources of the criminal law of the Russian Federation from the earliest times until nowadays. The sources contain the appearance and development of the definition of a “forgery”, crimes that are connected with it, and information about the penal liability.

A method of analysis of regulatory acts is applied to compare the criminal law in different times in RSFSR when it was composed of the USSR and in the modern Russian Federation. This method provides the resume related to the social danger of crimes with a forgery element.

A sociological method is used to survey people who are not involved in the sphere of law. The survey lets us examine people’s knowledge about a forgery and its application in the documents and define the extent of a social danger of these crimes.

A forgery as a social dangerous phenomenon is regarded as a unit crime and depends on a way how to encroach upon a protected benefit. A forgery can not be defined as a separate crime because it has to encroach upon some rights and legal interests or endanger them.

This research paper was discussed and reviewed at the department “Criminal Law Disciplines” of the Far Eastern State University in Khabarovsk. While writing this qualifying paper the author published five scientific articles three of which were devoted to the declared subject.

General conclusions and provisions of the scientific research were published and presented at the following conferences:

1. Chupeeva, E.V. The place of an intellectual forgery in committing of tax crimes. The development of law in the conditions of globalization. The materials of All-Russian research and practice conference, May 29-30, 2014. Russ. ed.: I.M. Filyanina, A.V. Garbar. Khabarovsk: FESTU, 2014. 239 p.

2. Chupeeva, E.V. Revisiting the essence of the definitions of a «forgery» and «falsification» with reference to the qualification of crimes. Legal and humanitarian

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research in XXI century. The materials of All-Russian research and practice conference with international participation “Law and order in conditions of globalization”. November 6-7, 2014. Russ. ed.: N.E. Meretckii, S.E. Turkulets. Khabarovks: FESTU, 2014. 250 p.

1. Chupeeva, E.V. Variety of fraud: concealing the identity of criminals in the corpus delicti. Research, technology, and economical collaboration of APR in XXI century: materials of All-Russian research and practice conference of creative youths with international participation, April 23-25, 2014. In two toms. Tom No. 2. Russ. ed.: A.F. Serenko. Khabarovsk: FESTU, 2014. 344 p.

The structure of the paper is stipulated by the purpose and the relevance of the research, and it consists of three chapters, an introduction, a conclusion, a reference list, and a supplement of sociological survey that was developed by the author as a questionnaire as well as acts of sentence as judiciary practice samples. The total volume of the qualifying paper makes 103 pages excluding a supplement. The reference list contains 68 sources.

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