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INITIAL STAGE OF INVESTIGATING THEFT COMMITTED DURING CAPITAL RAILROAD CONSTRUCTION
Meretskiy N. E.



        Nikolay Evgenjevich Meretskiy is Doctor of Science (Law), Professor, Head of Department of Criminal and Legal Studies at Far Eastern State Transportation University, Honored Jurist of Russia.

E-mail: kaf_ugpd@festu.khv.ru


Annotation

The paper studies several problems of detection and investigation of theft, committed during capital constructions of railroads. As a rule, these crimes are protracted in time, possess a complex (network) character and are committed by groups of criminals, who have profound professional knowledge. Such criminal groups are well-organized, stable and united. The group leader works out secure methods of preparation, execution and coverage of theft committed at railroad capital construction.

Usually, the sequence of criminal actions varies and crime preparation methods may simultaneously serve stealage execution and covering up. At first, the criminals create pay-roll fund reserves and later on produce false documents, used to receive and misappropriate money and material values. An opposite variant is also possible, i.e. misappropriating money and material values and covering it up by means of false documents.

Financial resources are accumulated by increasing the actual scope and cost of construction in its design and estimate documentation. It may be direct, i.e. increasing the scope of non-transparent works (earthworks, grading, construction support, etc.) or more clouded, e.g. with intended complications of work conditions and increase of labor content (a larger manual labor input, incorrect indication of soil category such as ‘clay with gravel' instead of ‘sand', etc.).

The rates of construction overheads are sometimes increased and various appreciation coefficients are used for expenditure estimations, e.g. more expensive materials are stated.

Various criminalistic alternatives are used to prove the above mentioned cases. However, it should be kept in mind that the circumstances, described in Article 73, RF Code of Criminal Procedure should be proved at every criminal case, including stealage committed during capital constructions of the railroads.

        Key words: theft, railways, construction, design and estimate documentation, latency, situation, covering up, criminal participant, deficiency, criminal intent, motive, investigation.


 
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