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The crime as an
element and part of a subject of criminalistics sciences is considered that
area of the objective validity which knowledge is the base to all system of
criminalistics. It is possible to say without exaggeration, that studying of a
crime, ways of its fulfillment and concealment, the circumstances favorable or
interfering its fulfillment, was that necessary condition which has made
possible the development of means and methods of struggle against criminality.
As correctly marks
M.K.Kaminsky, «a crime, taken in the actually criminalistics plan, acts not
only as the legal fact, but also as subject activity of the person». The crime
draws attention of criminalists as illegal activity, as the certain act of
human behavior. V.V.Klochkov and V.A.Obraztsov directly specify, that «a crime
as the object of scientific and practical knowledge represents a specific
version of human activity - process of interaction of the criminal and the
environment surrounding him, generating their changes which matter for true on
criminal case».
Illegal activity is
studied with a number of sciences, mainly of criminal - legal cycle. Taking
into account the data of these sciences, and mainly, criminal - legal and
criminality characteristics of a crime, the criminalistics brings to a focus
the functional side of illegal activity, on that system of relations and
actions which form the mechanism of a crime.
The concept of a
crime mechanism has not settled in the literature yet. A.N.Vasiljev understood
as the mechanism of a crime the «process of a crime fulfillment, including its
way and all actions of the criminal accompanying with appearance of material
and non-material traces, able to be used for disclosing and investigation of a
crime». On V.A.Obraztsov, the mechanism of a crime was defined in more abstract
form, as «... a dynamic system of illegal behavioral acts and the phenomena
caused by them, having criminalistic value and realized in the certain
conditions, expression, an orientation and sequence».
A.M.Kustov carries
out detailed research of a problematic of the crime mechanism. He has not only
tracked sources and development tendencies of criminalistic doctrines about the
mechanism of a crime, but also has found out a ratio of a crime mechanism with
some scientific criteria of criminalistics, has shown, what are the features of
a crime mechanism in system of criminal community activity and how the of
actions of various participants of criminal event are reflected in this
mechanism. A.M.Kustov has revealed laws of occurrence, preservation and
destruction of the information on a crime mechanism, has developed recommendations
on modeling the crime mechanism and use of similar models at investigation.
As the mechanism of
a crime of A.M.Kustov defines «...system of processes of interaction of a crime
participants, both direct, and indirect, among themselves and the material environment,
connected to use the corresponding instruments, means and other separate
elements of conditions. This definition rather reminds definition of a crime
way, and beforehand to warn possible objections of probable opponents, the
author has suggested counting the doctrine about a way of a crime as a
component of the doctrine about the mechanism of a crime. The way of a crime in
its practical realization can really be considered as an element of the
mechanism of a crime, but it does not form the basis for association specified
private criminalistic theories as it acts only as the general object of
research.
We understand the
mechanism of a crime as the complex dynamic system consisting not only the
behavioral acts and the phenomena caused by them. From R.S.Belkina's point of
view, the elements of this system are:
- The subject of a
crime;
- The relation of
the subject of a crime to the actions, their consequences, to accomplices;
- A subject of an
encroachment;
- A way of a crime
as system of the determined actions;
- Criminal result;
- A place, time and
other circumstances concerning to conditions of a crime;
- The circumstances
promoting or interfering fulfillment of a crime;
- Behavior and
action of the persons who has appeared casual participants (active and passive)
events;
- Connections and
attitudes relations between the actions (way of a crime) and criminal result,
between participants of event, between actions and conditions, the subject of a
crime and a subject of an encroachment.
Apparently from
stated, the mechanism of a crime is a concept more wider, than structure of a
crime which, as is known, is characterized by four elements.
As any system the
mechanism of a crime is formed and functions under influence of the certain
laws. Not all of them can be attributed to a subject of criminalistics. We
shall say, laws of formation of a criminal plan, criminal behavior is a
criminology subject, laws of behavior and actions of the persons who has
appeared participants of event, - area of psychological science. Laws should
concern to a subject of criminalistics:
1) Occurrence and
development of connections and relations inside the mechanism of a crime;
2) Formations and
realizations of a crime way;
3) Occurrence and
current « … the phenomena connected to crimes before and after the criminal
order, important for investigatory, judicial, operative-search and expert
practice ».
Let's consider said
by the example of swindle with plastic cards.
The growth of the
plastic cards market in the international payment systems occurs in Ukraine
avalanche rates. On rates of growth of volumes of issue of payment cards we
already have overtaken, for example, Russia, which more recently instructed us
to work with cards.
In total in the
country there are about 2049 cash dispensers, more than 14 thousand payment
terminals, almost 30 thousand imprinters. According to National bank for July,
1, total of the cards emitted by the Ukrainian banks, has made 4,2 million,
from which 3 million - international, other - local. The gain of cards of the
international systems now makes about 200 thousand pieces a month. Such rates
quite allow Ukraine to exceed a 4-million level on total of emitted maps of
systems Europay and Visa to the end of 2002.
The international
cards are issued now about 40 domestic banks; despite of toughening of a
competition in the card market, the ideology of development is still determined
by its leaders. Difference from a situation of 2001 will be, that today, due to
active propaganda campaign of the market leaders and positive experience of
card products introduction, the demand for plastic cards is formed. Leaders in
the market of plastic cards of the international systems are Privatbank, «
AVAL".
Ukraine has come
out on top in Central and to the East Europe on rates of Visa Cards issue. On
January 24, 2002 Visa International has declared release by the banks - members
of one million cards Visa in Ukraine. And already on the data on the end of 1
quarter 2002, quantity of cards Visa in Ukraine has grown up to more 1,4
million pieces. For today it is approximately 30 % of all domestic plastic
market. The increase in quantity of cards results in growth of turnovers. The
annual turnover only on cards Visa emitted in Ukraine was doubled and has made
794,8 million dollars, and the quantity of transactions has reached 16,2
million.
At the same time
bankers prefer to hold back that the majority of proprietors of
"electronic purses» have received them not at the will. And in fact the
lion's share of plastic is issued within the framework of salary projects.
Under forecasts of
analysts Europa International, the cards market intensively developing due to
salary projects at the large enterprises, will be slowed down. The reason is a
saturation of this capacious, but is not a boundless segment. According to
domestic financiers, for today salary programs cover only 10-15 % of the
working population. That is the stock of growth still is great enough.
About 30 % of cards
it is possible to relate on the bill of left clients or on cases when bank
issues extra maps, and in fact the resulted statistics does not take it into
account. The average size of transaction is at a level of 3-4 dollars on one
holder of a card. Not so willingly they pay off by means of cards in domestic shops.
According to
company Europay, growth of the market occurs mainly for the debit cards, which
share in the domestic market makes about 80 %. However today banks leaders do
not put a problem of quantitative growth, the emphasis is done on quantity of
cards and services on them. The banks, wishing to save or win leadership in the
card market, have seriously engaged in increase in a share of credit cards.
The politics of
banks in the sphere of development equiring networks for last half-year has
undergone changes. Banks have practically ceased to expand a network of
POS-terminals and imprinters and even remove terminals from points where they
are not used actively.
There are a lot of
reasons on which trade enterprises accept cards in payment of the goods with
the big reluctance. First, the size of the commission raised by the bank (about
3 % of the sum of operation). Second, term of means transfer for the account of
the enterprise (3-4 days). Thirdly, it is necessity to show official
revolutions under the current account of the enterprise. There can arise as
technical problems (bad quality of communication lines, refusals of the
equipment), and the problems connected to swindle. Besides expansion of a
network of terminals became very favorable also to banks. In fact in conditions
of a rigid competition they do not take any more a payment for granting of the
terminal, and users still very seldom use cards for payment of the goods and
services. If abroad 70 % of buyers pay off with plastic cards in shops, in Ukraine
this percent while is small.
Alongside with it
the park of cash dispensers extends. As a whole on system the quantity of the
cash dispensers serving plastic cards of the international systems, has grown
for the first half-year more than on 400 units. Under forecasts of bankers, up
to the end of the current year the quantity of "electronic cash
departments» should increase at least on as much.
The increase in
tariffs at services on delivery of cash has resulted the growth of banks
interest in expansion own cash dispensers networks. The Council of the
Ukrainian interbank association of members of Europa International at the
session on April, 3, 2002 has ratified new rates domestic interchande (payment,
which bank - emitter pays to bank-equire for delivery of cash thru cash
dispensers) for payment products Maestro and MasterCard at a rate of 1 % + 3
UAH. The sums of operation (earlier - 1 %, but not less than 2 UAH.). And in
fact some banks expected to live at the expense of another's cash dispensers, not
expanding the network. Now it is necessary them, if they do not want to lose
clients, to incur additional charges.
Banks work on
increase of quantity of the services given thru cash dispensers. So, for last
half-year introduction of payments thru cash dispenser became very popular at
bankers. The basic addressees of payments there are operators of mobile
communication - UMC, DCC, “ Kievstar GSM».
In process of
increase in volumes of the domestic plastic market the problem of safety
becomes more and more actual. Cards are emitted in the mass order and are
enough cheap. Thus the risk of a fake grows.
On a global scale
swindlers abduct annually by means of plastic cards of systems Visa and Europay
about 2 billion dollars. World experience shows, that the number of swindles
with cards depends on "maturity" of the market. Swindlers constantly
search for the countries already having significant volumes of issue of cards,
but yet not learned effectively to struggle with card abusing. Today in the Ukrainian
market a lot of fine and average banks work, which are not ready to spend
enough efforts and means for safety and quality of this service. In result the
level of swindle on operations with payment cards in Ukraine remains much above
global, and quality of service is lower.
Now it is possible
to allocate three types of swindle by means of cards: a deceit on the part of
the seller, the buyer and the third parties. Last type is most distributed.
Internet abounds programs for generation of numbers of cards with the data of
their owners. The international payment systems for a long time have developed
the mechanism of struggle against swindlers. Due to interaction of sellers,
banks and law enforcement bodies bust them. They return the stolen money to
victims even if thieves are not found. Owners of cards should only strictly
carry out recommendations of the bank - emitter: monthly to receive extracts
under the account and to verify them with the real charges. If there will be a
discrepancy, it is necessary to write immediately the application - protest,
and practically in 99 % of cases the stolen money will return.
There is not
official statistics on activity of swindlers in Ukraine for today. If banks
work on monitoring roguish operations this information is strictly
confidential.
On the informal
data, losses from activity of card tricksters in Ukraine make about 1 % of
volume of operations with cards. It agrees to requirements Visa and Europay,
this figure should not exceed 0,14 %.
Association of
banks - members of Europay Int. in 2000 initiated the job on equiring. It has
been connected to necessity of maintenance required safety level and qualities
of service. The recipe of struggle against swindlers from Europay appeared
enough simple.
The shops have
started to demand the buyers' passport. On each trade enterprise the limits
have been established (depending on group of the goods) on that sum of
purchase, at which requirement of the document not necessarily. Besides have
enhanced the responsibility sellers. By new rules - if the bank will prove,
that the mistake at calculation by the stolen or forged card was admitted by
the seller, so money are not transferred back. The given measures gave
surprising effect - on results of the last year the plunders of money by means
of plastic cards became three times less.
It is necessary to
unit the bankers’ efforts against card swindlers. According to the achieved
arrangement, in Ukraine the interbank system of information interchange about
roguish operations will shortly earn at calculations by plastic cards. The
Ukrainian interbank association of banks - members Europay and Ukrainian
processing center introduce the system of an exchange of the bank data.
Now each bank tries
to solve problems alone. For example, the First Ukrainian international bank
(FUIB) has finished certification in international payment system Visa
International of software product of tracking of suspicious operations with
plastic cards. FUIB plans to receive the certificate of both payment systems -
Visa International and Europa International on already functioning product of
the risk - analysis of operations in a mode online. Besides, FUIB realized new
service - change of personal identification number (PIN-CODE) thru a cash
dispenser. The given service is unique and it is not represented to any banks
of Ukraine. Now, if somebody to the stranger knew PIN or it is necessary to
establish uniform PIN for several cards, it can be changed, not visiting bank,
thru a network of FUIB’s cash dispensers.
But the wisest
decision of problems with swindlers, in opinion of bankers, is insurance. Banks
are interested to insure risks of losses against swindle with payment cards.
But, unfortunately, today domestic insurers basically are not ready to insure
similar losses of banks. The main reason is the absence of experience of a
rating of such risks. And the large foreign companies do not want to insure so
fine, to their measures, losses of banks. And the majority of bankers agree
with them. Cost of insurance services, in their opinion, exceeds the sizes of
the damage really rendered to bank by card swindlers. At the given stage of
development of card business to pay 40-70 thousand dollars for the insurance is
economically inexpedient.
Some banks develop
own insurance programs for clients. Granting of insurance policies to clients
is considered as expansion of a spectrum of bank services.
Joint-stock
commercial bank "Nadra" together with Ukrainian innovative insurance
company "Investservice" since April 8 has introduced the program of
insurance of risks of holders of credit cards Visa Classic, MasterCard Mass and
Visa/MasterCard Gold from roguish operations. According to the president of
bank, the obligatory program of insurance is carried out at the expense of
bank, however at desire the client can issue the additional insurance. The
given service assumes insurance of risks, which arise owing to a fake or
copying of cards, wrongful write-offs of means from card bills of holders in
result of lose or thefts of a card and similar frauds. All credit cards made
out from April 8 receive the insurance automatically.
The most often kind
of swindle with plastic cards is skimming - copying (fake) of the data
from a magnetic strip of a real card, drawing of these data on a false card (from
80 up to 90 % of the cases connected to swindle).
Also swindlers use
the stolen or lost cards, which they try to show for payment in shops, counting
on that the personnel of a shop will not carefully check the data of the
client. But some swindlers with such cards show also false documents that
represent additional danger.
With the purpose of
a covering of the given risks the bank policy, which guarantees to bank the
indemnification, is applied. And insurance inures from the moment of production
of a card in a bank stop - sheet. The payer is the bank. Insurance of the
losses put to the holder of plastic cards, as a result of frauds with the lost
or stolen cards till the moment of their production in a bank stop - sheet the
holder of a plastic card who pays the policy carries out.
On a service role
in struggle against criminality the existing criminalistic means and methods of
crimes prevention can be classified:
- Means and methods
of an establishment of the reasons and the conditions promoting fulfillment or
concealment of crimes;
- Means and methods
of reception of the information on preparing crimes;
Means and methods
of protection of various objects from criminal encroachments and creations of
favorable conditions for occurrence of the evidentiary information.
Prevention of
crimes is impossible without an establishment of the reasons and the conditions
promoting their fulfillment or concealment. These data should be received
during investigation and judicial consideration of concrete criminal cases. We
not casually speak about an establishment alongside with the conditions
promoting fulfillment of crimes as well the conditions, allowing hiding
fulfillment of a crime. It is known that to warn a crime it is possible by
creation of such conditions in which its fulfillment will be complicated, even
because it will be uneasy for hiding. In this case for the criminal there is
obvious a reality of its exposure and punishment, that, undoubtedly, will play
the important precautionary role, is especial for varying, unstable elements.
Criminalistic means
and methods of an establishment of the reasons and the conditions promoting
fulfillment or concealment of crimes, can be subdivided:
- The means and the
methods of a direct establishment of these given by body of investigation and
court;
- The means and the
methods of reception by body of investigation or court information on these
reasons and conditions;
The means and the
methods of an expert establishment of these data.
As first two groups
of means and methods of an establishment of the reasons and the conditions
promoting fulfillment or concealment of crimes, are similar to means and
methods of reception of the information on a preparing crime, they can be
considered together. These groups of means and methods represent conditions of
planning and the organization of preliminary both judicial investigation and
tactical receptions and methodical recommendations which allows body of
investigation or to court directly to be convinced of existence of that or
other fact sheet reflecting presence of the specified reasons and conditions,
and also to receive the information on preparing crimes.
Criminalistic means
and methods of judicial research and prevention of crimes are included into
nation-wide system of measures of struggle against criminality where, except
for them, criminal - legal, criminal - remedial and operative - search measures
enter. Positions of the Decree of the President of Ukraine from September 18,
2002 ¹ 836/2002 « About measures on maintenance of information safety of the
state » concern to such measures.
It is difficult to
provide realization of positions of any statutory act in practice without use
of the special mechanism of the control over its performance. These functions
abroad carry out the supervising bodies allocated large powers and at times
acting in one person with law enforcement bodies. Thus the initiative in
maintenance of legality and the law and order in economic relations belongs to
supervising bodies, which invite law enforcement bodies for the further
investigation of these facts.
So, the problem of
prevention of commercial swindle and its suppression is assigned in the Great
Britain to a lot of the governmental departments and the nongovernmental
organizations. The basic functions of the control are carried out by the
Ministry of Trade which representatives inspect activity of the companies according
to the Law on the companies of 1984. Significant control functions allocate
English bank which carries out check of activity of all financial and credit
establishments of the country. Similarly to the Ministry of Trade he is
competent to spend preliminary investigation and to pass materials in court.
Between two departments there is a close interaction. In particular, their
representative’s form the incorporated control committee engaged in check of
exchange offices. Under aegis of this committee the numerous nongovernmental
organizations borrowed with the prevention of commercial swindle operate also.
In the USA the
Ministry of Finance plays the main role in struggle against the crimes
connected to money legalization. It is responsible for publication of the
"Act about bank secret" rules application. Though the use of the law
only by Ministry of Finance can entail only civil punishments, in situations
where application of criminal measures is possible, it works together with the
Ministry of Justice and attorneys of the USA.
Thus, with a view
of prevention of plastic cards swindle it is necessary:
1) At purchase of a
card to take an interest in presence of an insurance policy;
2) The insurance is
expedient for taking always;
3) The especial
attitude is demanded with the PIN-CODE, which cannot be written down in a
notepad (especially with a mark « my PIN-CODE ») or on the back side of a card;
4) Do not use a
card for payment in doubtful institutions;
5) If the card is
lost - at once to inform the bank. Concentration of such information will
provide more effective job directed on the prevention, revealing and disclosing
of offenses and crimes.
