FORENSIC CHARACTERIZATION OF THE ILLEGAL PRIVATIZATION OF STATE AND MUNICIPAL PROPERTY

Abstract

The article gives a forensic description of the crime, the responsibility for which is provided in Article 233 of the Criminal Code of Ukraine. It is an integral part of a separate forensic methodology and is revealed through the characterization of such interrelated elements as a method of committing a crime (in its broad sense), the subject of the offense, the time and place of the crime, the offender's personality and the traces of the crime. The typical ways of direct committing a crime are considered in details: underestimation of the value of privatization property in a manner not provided by law; use of counterfeit privatization documents for the privatization of property; privatization of property, which by law is not subject to privatization; privatization of property by an unauthorized person. In Ukraine, there are two ways of privatization – the sale of a privatization object at an auction or a ransom. The subject of the attack is considered through the prism of its division into objects of large and small privatization. The list of large privatization objects of state property is approved by the Cabinet of Ministers of Ukraine on the submission of the State Property Fund of Ukraine, and the list of small privatization objects is approved by State Property Fund. The list of privatization objects of communal property is approved by the relevant local councils. There are cases when the privatization institution may refuse to include the objects in the list of privatized ones. Investigated crimes are usually committed for a long period, so it is important to establish the date of filing out an application for privatization of an object, the date of the auction, the date of the sales contract of the object. As this crime has an economic orientation, documents, divided into four groups depending on their origin, were reviewed as the typical material traces of a crime.