Carrying out measures by law enforcement agencies to identify money, valuables and other property at the stage of committing criminal offenses

Issue: № 8, 2025

Doi: https://doi.org/10.37634/efp.2025.8.3

The paper is devoted to the study of problematic issues of identifying and searching for money, valuables and other property obtained as a result of committing criminal offenses, at the stage of their commission. An analysis of the legal foundations of law enforcement activities in the field of detecting illegally acquired assets was conducted, the main problems of current legislation were identified, and specific measures were proposed to increase the effectiveness of such activities. The features of conducting financial analysis of banking transactions, monitoring public procurement and the lifestyle of officials of state-owned enterprises are considered, and the justification for the need to expand the list of persons against whom measures to identify and search for property should be taken is provided, including accomplices, relatives and other persons involved. The purpose of the paper is to develop practical recommendations to increase the effectiveness of identifying and blocking illegal assets at the stage of pre-trial investigation of criminal offenses. It has been established that the low level of compensation for damage from criminal offenses is due to the imperfection of procedural mechanisms and the lack of a comprehensive approach to identifying criminal assets. A system of measures is proposed, including financial monitoring, analysis of public procurement, monitoring of the lifestyle of suspected individuals, and the use of modern technical means. The scientific novelty lies in the development of a comprehensive methodology for identifying illegally obtained property at different stages of criminal proceedings, taking into account the specifics of mercenary crimes. The practical significance of the study lies in the possibility of using the proposed recommendations to improve the activities of law enforcement agencies and make changes to the criminal procedural and operational-detective legislation of Ukraine.

Keywords : detection of illegal assets, law enforcement agencies, criminal offenses, self-interested crimes

References:

1. Herasymenko L.V., Tykhonova O.V., Tatsienko V.V., Krzhechkovskis I. Investigation of criminal offenses related to the circulation of assets obtained by crime: method. rec. / ed. by S.S. Chernyavskyi. Kyiv, 2023. 38 p. (in Ukrainian).

2. Tarasenko O.S. Theory and practice of combating criminal offenses related to the circulation of illegal content on the Internet: monograph. Odesa, 2021. 432 p. (in Ukrainian).

3. Nykyforchuk D.Y. et al. Operational-detective activities and covert investigative (detective) actions in schemes: a manual / ed. by V.V. Kovalenko. Kyiv, 2014. 178 p. (in Ukrainian).

4. Tsutskiridze M.S. et al. Use in criminal proceedings of information obtained as a result of covert investigative (search) actions: scientific and methodological recommendations for units of the National Police of Ukraine / Kharkiv, 2022. 82 p. (in Ukrainian).

5. Cherniavskyi S.S. et al. Experience of the European Union countries in detecting and investigating money laundering using digital currency (cryptocurrency): methodological recommendations. Kyiv, 2017. 86 p. (in Ukrainian).

6. Borysov V.I., Holina V.V. Procedural procedure for the detection and seizure of property during pre-trial investigation. Kharkiv, 2020. 240 p. (in Ukrainian).

7. Kulyk M.S. Financial Investigations in Ukraine: Methods for Identifying and Documenting Illegal Assets. Kyiv, 2021. 312 p. (in Ukrainian).

8. Lysenko O.V. Modern methods of detecting criminal proceeds at the stage of pre-trial investigation. Bulletin of the National Academy of the Prosecutor's Office of Ukraine. Kyiv, 2019. No. 3. pp. 45–52. (in Ukrainian).

9. Petrenko I.O. Legal principles of property arrest in criminal proceedings. Journal of the Kyiv University of Law. 2020. No. 4. pp. 112–118. (in Ukrainian)

10. Shevchenko A.A. International experience in the seizure of criminal assets and its implementation in Ukraine. Law and Security. 2022. No. 1. pp. 34–41. (in Ukrainian).

11. Honcharuk V.S. Problems of identifying property obtained by criminal means at the stage of pre-trial investigation. Modern trends in the fight against corruption: materials of the international scientific conference (Kyiv, February 17, 2021). Kyiv, 2021. pp. 67–73. (in Ukrainian).

12. Kovalchuk D.V. Electronic evidence as a tool for detecting illegal financial flows. Cybersecurity and financial crimes: collection of abstracts of the international forum. (Lviv, October 21, 2022). Lviv, 2022. pp. 89–94. (in Ukrainian).

13. Constitution of Ukraine dated 28.06.1997 No. 254k/96-ВР. URL: https://zakon.rada.gov.ua/laws/show/254k/96-ВР (access date 31.07.2025). (in Ukrainian).

14. On state protection of employees of the court and law enforcement agencies: Law of Ukraine dated 23.12.1993 No. 3781-XII. URL: https://zakon.rada.gov.ua/laws/show/3781-12#Text (in Ukrainian).

15. On operational and investigative activities: Law of Ukraine dated 18.02.1992 No. 2135-XII. URL: https://zakon.rada.gov.ua/laws/show/2135-12#Text (in Ukrainian).

16. Criminal Procedure Code of Ukraine: Code of Ukraine; Law, Code of 13.04.2012 No. 4651-VI. URL: https://zakon.rada.gov.ua/laws/show/4651-17#Text (in Ukrainian).

17. Criminal Code of Ukraine: Code of Ukraine; Law, Code of 05.04.2001 No. 2341-III. URL: https://zakon.rada.gov.ua/laws/show/2341-14#Text (in Ukrainian).

18. On approval of the Instructions on organizing interaction between pre-trial investigation bodies and other bodies and units of the National Police of Ukraine in preventing, detecting and investigating criminal offenses. Order of the Ministry of Internal Affairs of Ukraine dated 07.07.2017 No. 575 URL: https://zakon.rada.gov.ua/laws/show/z0937-17 (in Ukrainian).

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