The concept of criminalistic provision of economic security of entrepreneurial activity

CHubukov Bogdan Aleksandrovich ORCID: 0009-0001-3409-0492 Postgraduate student; Department of Criminal Procedure and Criminalistics; Siberian Federal University 57 Shchorsa str., Krasnoyarsk Territory, 660094, Russia 8531490@gmail.com

In the context of the development of knowledge and the complication of public relations, new problems appear in front of criminology, the answer to which is the creation of private forensic theories. The modern milestone in the development of knowledge about science (philosophy of science) requires a scientist to use an interdisciplinary approach, including within the framework of research methodology. The absence of private forensic theories related to the criminalistic provision of economic security of entrepreneurial activity and the extremely low number of related scientific research, as well as the obvious need for the development of forensic knowledge in this area due to practice, determine the relevance of this study.

The degree of development of the problem:

- R.S. Belkin, T.V. Averyanova, E.S. Kryukova, A.A. Bessonov and others were engaged in research in the field of the subject of criminology;

- issues related to the content of forensic support were raised in the works of R.S. Belkin, T.V. Averyanova, V.G. Kolomatsky, V.A. Obraztsov, V.A. Volynsky, M.Sh. Makhtaev, etc.;

- the issues of applying the achievements of criminology in ensuring the safety of entrepreneurial activity (and its individual types) were considered by M.V. Zhizhina, N.P. Ishchenko;

- issues of ensuring the economic security of an economic entity (enterprise) are presented by the works of: V.F. Gaponenko, A.A. Bespalko, A.S. Vlaskova, A.M. Aripsheva, N.V. Matveeva, V.K. Senchagova, etc.;

- the works of I.V. Filimonova, H.M. Tsutieva, M.L. Gorkovenko, Ryabchenko A.A., Dobrolezha E.V. and others are devoted to the issues of the concept of "entrepreneurial activity", "economic activity" and other related content.

Criminology as a science throughout its development was not only an independent scientific discipline, but also included (accepted) knowledge of other private sciences, whether natural, technical or socio-humanitarian.

In turn, within the framework of criminology, prerequisites and knowledge were formed for the development of individual private sciences.

1. Development of views on the concept of forensic support

Currently, the debate on the recognition of a common (unified for criminology) concept of forensic support has not yet been completed.

An analysis of the development and formation of existing approaches, most often shared by scientists, will highlight their common features, trends in the development of this knowledge, and taking into account the trends of modern development of criminalistic theory and practice, it is possible to determine an actual approach to this concept.

For the completeness of the study, it is advisable to consider not only views on the concept of "forensic support", but also approaches using this concept with other definitions, containing a particular legal institution (crime investigation, crime prevention, and others).

The concept of forensic support originates in the scientific turnover of criminology in the 70s of the last century.

It is noted in the literature that V.G. Kolomatsky was one of the first to introduce this term into circulation, who understood criminalistic support as: "a system for introducing into the practical activities of officials, departments, services and internal affairs bodies for the protection of public order and the fight against crime criminalistic knowledge embodied in the ability of employees to use scientific, methodological, technical-criminalistic tools and technologies of their application for the prevention, disclosure and investigation of crimes" ^{[1, p. 399]}.

So, subsequently, R.S. Belkin and T.V. Averyanova formulated the following concept: forensic support is "a system of forensic knowledge and skills based on them and the ability to use scientific forensic recommendations, apply forensic tools, methods and technologies of their use in order to prevent, identify, disclose and investigate crimes" ^[2].

Similar in meaning is the position of A.V. Shmonin and E.S. Romanova, who, talking about criminalistic support for the investigation of a crime, present it as a system of "formation of criminalistic knowledge and presentation of it to officials involved in the investigation of crimes in order for them to effectively establish the truth in criminal cases" ^{[3, p. 6]}. The difference from the above approach is the presence of a feature associated with achieving the goal of proof in criminal proceedings ^{[1, p. 401]}.

V.A. Obraztsov believes that the essence of forensic support is to provide law enforcement officials professionally fighting crime with scientific products developed in criminology ^{[4, p. 355]}. At the same time, this approach cannot be considered different from the previously presented one, since the product of the activities of scientists and research programs is new knowledge.

In the 90s, a number of scientific papers were published that linked the concept of "forensic support" primarily to the investigation of certain types of crimes ^{[1, p. 401]}.

Examples of using this approach in dissertation research over the past three decades are the works of A.A. Vinogradov (2018), V.P. Popov (2020).

A.F. Volynsky understands technical and forensic support as: "a set of theoretical provisions and practical recommendations based on the study of their interrelations" ^{[5, p. 28]}.

In turn, V.A. Volynsky puts the following into the concept of technical and forensic support: "this is an organizational and functional system aimed at creating conditions for the constant readiness of services and divisions of internal affairs agencies to quickly and effectively solve technical and forensic tasks, and for the practical implementation of these conditions in order to obtain, accumulate, process criminally significant information information and its use in the process of disclosure and investigation of crimes." The author also distinguishes between the concepts of scientific and technical support and technical and forensic support, where the latter is an integral element of the first ^{[6, p. 6]}.

There is also a position in science in which forensic software is used in the sense of forensic prevention (forensic crime prevention software). In M.Sh. Makhtaeva's doctoral dissertation, under criminalistic crime prevention, he proposes to understand: "a system of organically interconnected (expressing natural connections) theoretical propositions related to the subject area of criminology and being the basis of criminalistic provision of crime prevention in the field of operational investigative and criminal procedural activities. It acts as a conscious need for social practice with already formed initial elements of the object and method of scientific cognition, both on the basis of the general theory of criminology and the sciences of the criminal cycle interconnected with it" ^{[7, p. 10]}.

M.P. Shrub, based on the classical approach (R.S. Belkin, V.G. Kolomatsky), changes the targeted nature of the approach from the investigation of an already initiated (committed) crime to its prevention ^{[8, p. 208]}.

A.V. Yaskevich and A.V. Deshuk, summarizing the scientific heritage, came to the following conclusions about the content of the concept of "forensic support":

- "formation of forensic knowledge about the detection and investigation of crimes based on the general provisions of the theory of criminology and private forensic theories, forensic techniques, tactics and techniques;

- providing this knowledge to officials involved in the disclosure and investigation of crimes" ^{[9, p. 107]}.

Having summarized and systematized the historical experience of the formation of the concept of forensic support in the science of criminology, it is possible to present the main approaches to its interpretation in groups:

- a set of knowledge of forensic techniques, tactics, techniques used to identify, disclose, investigate and prevent crimes (R.S. Belkin, T.V. Averyanova, V.G. Kolomatsky, V.A. Obraztsov, V.A. Volynsky);

- a set of theoretical provisions and practical recommendations based on the study of their interrelationships (A.F. Volynsky);

- criminalistic prevention (prevention) of crimes (M.P. Shrub, M.Sh. Makhtaev);

- the use of the concept in relation to the investigation of certain types of crimes (V.P. Popov, A.A. Vinogradov);

- a system for the formation of forensic knowledge for the effective establishment by officials of the truth in criminal cases (A.V. Shmonin, E.S. Romanova)

2. Criminalistic provision of economic security of entrepreneurial activity

It is possible to distinguish an approach separate from the rest to the use of the concept of "forensic support" when it is used in conjunction with the concept of "security".

The approach to this concept reflects an understanding of the subject of science. In this connection, the question arises, can the subject of the science of criminology go beyond the study of the patterns of the mechanism of committing crimes and ways of investigating them and include, among other things, the study of patterns of ensuring the security of socio-economic systems and relations? Or is there no need to identify a new group of patterns, since cognizable objects are included in the subject of criminology?

At one time, R.S. Belkin put forward the following approach to defining the subject of criminology: "the science of the laws of the mechanism of crime and its participants, the collection, research, evaluation and use of evidence and special means and methods of judicial research and crime prevention based on the knowledge of these laws" ^{[10, p. 170]}.

T.V. Averyanova, R.S. Belkin and other scientists at the beginning of the 21st century, exploring the trends in the development of criminology, noted the prospect of using the recommendations of criminalistic tactics in civil, administrative and arbitration proceedings, thus expanding the boundaries of the subject of criminology ^{[10, p. 170]}.

Other authors also adhere to this position. So S.N. Makhina and O.Y. Tsurlui note that participants in civil, arbitration, administrative proceedings, proceedings on administrative offenses and, to a greater extent, the court (and in certain cases, the official considering the case of an administrative offense) need forensic knowledge and competent use of forensic tools and methods for a qualitative justification of their position ^[11].

A similar position can be found in M.V. Zhizhina: "currently, criminology is a developed field of knowledge with such a huge arsenal of technical, tactical and methodological means of investigating crimes that theories and teachings of their application in judicial and legal practice in general, as well as in activities outside the sphere of direct investigation, can be formed on its basis legal proceedings" ^[12].

Developing his thought, M.V. Zhizhina comes to the conclusion that we can talk about the emergence of a new doctrine – the theory of business security, which has its own subject, principles, tasks, objects and a pronounced applied character" ^[12].

Indeed, the scientific knowledge of criminology is able to offer socially useful results, including in relations related to the implementation of entrepreneurial activities.

At the end of the study, M.V. Zhizhina, summarizing, presents the following conclusions ^[12]:

"The development of an appropriate theory is possible at the junction of two sciences, but within the framework of criminology, until theory becomes an independent related discipline.

The subject of the theory is the study of the patterns of the appearance of negative and destructive influences that damage the normal functioning of entrepreneurial activity and the development of measures to prevent, weaken, neutralize and other means of combating them.

The object of the theory is business security" ^[12].

The subject of any private science is the specific laws of the object of knowledge that is predominant for this science. This statement can also be replaced by the patterns of movement and change of the object of knowledge (Lecture 1. The concept of science, its structure, functions, main characteristics. Classification of sciences. The relationship between philosophy and science: basic concepts. Science in the cultural system. // St. Petersburg State Institute of Technology: website. – URL: https://technolog.edu.ru/public/userfiles/files/158/001__1_____.pdf (date of application: 07/02/2024).

Thus, the main discussion should be focused around a specific object of criminology.

Otherwise, the study of such a complex and systemic object is really possible only within the framework of an independent scientific discipline. This is difficult to imagine due to the fact that "business security" seems acceptable to be divided into at least 10 subspecies (for example, information, economic, legal, etc.), which, even with such differentiation, are very large objects of knowledge. In this sense, it is difficult to imagine a scientist in such a new scientific discipline capable of mastering such a volume of knowledge.

"Science itself became a science only when it consciously limited itself to the knowledge of a particular, separate, concrete, with respect to which it is possible to empirically collect, quantitatively model and control a sufficiently complete and therefore subsequently practically used amount of information" (see ibid.).

E.S. Kryukova's dissertation research is devoted to the question of the laws of objective reality studied by criminology, that is, the subject of science.

The author comes to the conclusion that criminology studies the following patterns:

- "explores objective, stable, necessary and repetitive internal essential connections of phenomena manifested in the elements of the mechanism of criminal activity, and the features of their mutual reflection in information sources;

- studies the features of repetitive, internally unified and coordinated activities for the detection, investigation and prevention of crimes;

- develops, on the basis of knowledge of the noted patterns using data from legal and other sciences, forensic tools, techniques and methods in order to ensure proper law enforcement" ^{[13, p. 77]}.

It seems necessary to agree with these conclusions, since they correspond to the established scientific paradigm within the framework of criminology, and, accordingly, are shared by most scientists.

E.S. Kryukova also discusses the relationship between the concepts of "deed", "behavior" and "activity" and notes that: "most often the concept of "deed" is used in jurisprudence, especially in criminal law, where the mechanism of a criminal act is considered within the objective side of the corpus delicti and reveals the internal structure of criminal encroachment and the interaction of its constituent features" ^{[13, p. 45]}.

We consider the approach in which the mechanism of criminal activity is associated with the objective side of the corpus delicti to be fair.

It is also necessary to outline the range of public relations covered in the above-mentioned concept. It is proposed not to limit ourselves to the concept of a crime as a legal fact, where a specific illegal act is recognized as such by a court verdict that has entered into force. And to cover, among other things, illegal acts that at first glance are not recognized as a crime, but when they are implemented, the mechanism of criminal activity is used. The following arguments can be made in favor of this conclusion:

- the mechanism of illegal acts, which at first glance are not a crime, due to the absence of one of the signs of the corpus delicti (for example, the age of responsibility, a certain amount of damage) should be equally objects cognizable by criminology, since the objective side in most such cases will remain substantially unchanged.

- also cases of illegal acts of an economic orientation that are resolved independently within the framework of an economic entity, but are not recognized as a crime due to the absence of a victim's statement in cases of private and public prosecution (for example, Article 160 of the Criminal Code of the Russian Federation Appropriation or embezzlement).

Ignoring such relations would lead to the deprivation of science of an additional empirical base.

Clarification of the first group of objects (elements of the mechanism of criminal activity) studied by criminology inevitably leads to the formulation of the next group of objects (activities for the disclosure, investigation and prevention of crimes). The list of subjects of such activities should not be formally limited to procedural participants with appropriate powers. It is proposed to include in the circle of such subjects, including specialists in economic security, internal control; internal and external auditors, etc. The following arguments support this conclusion:

- this is a statement of the phenomena that have developed in practice, when the results of the activities of non-procedural entities in the form of internal investigations within the framework of an economic entity, tax audits, etc. They often contain aspects related to the disclosure, investigation and prevention of specific illegal acts, and moreover, being attached to the materials of the criminal case, they act as the main evidence.

- M.V. Zhizhina rightly notes that internal investigations in business entities, which are conducted by his employees, are based on the methodology of investigating crimes against property (theft, fraud, abuse of authority, etc.) ^[12].

- the "rich" empirical experience gained in the practice of these subjects is a serious basis for theoretical understanding, as well as creates a basis for the creation and implementation of specific practical proposals in the activities of procedural participants.

A similar position can be found in A.A. Bessonov, who refers to the subject of criminology: "patterns of offenses having the character of civil and administrative offenses related to crimes of the corresponding types; patterns of those spheres of human activity that are associated with a system of criminal acts of various types and are external to the latter" ^{[14, p. 14]}.

3. Approaches to the definition of the concept of "entrepreneurial activity"

For further analysis, it is necessary to focus on the concept of "entrepreneurial activity", since it also does not have a generally accepted meaning.

The normative legal approach to the definition of this concept can be distinguished through Part 1 of Article 2 of the Civil Code of the Russian Federation: "independent, at-risk activities aimed at systematically obtaining profits from the use of property, the sale of goods, the performance of works or the provision of services."

I.V. Filimonova and H.M. Tsutieva, when defining the concept of entrepreneurial activity, focus on the systematic nature of entrepreneurial activity and its professional nature, in connection with which they propose to understand entrepreneurial activity as "permanent professional activity carried out in socially significant and private interests aimed at systematic profit-making in accordance with the procedure established by law" ^[15].

One can agree with M.L. Gorkovenko's position that: "the focus of the first on profit-making separates entrepreneurial activity from economic activity, which, of course, does not allow putting an equal sign between economic and entrepreneurial activity" ^{[16, p. 211]}.

Ryabchenko A.A. and Dobrolezha E.V. identify the following specific signs of entrepreneurial activity:

- "independence;

- the presence of entrepreneurial risk;

- a targeted focus on systematic profit-making;

- the certainty of the sources of profit;

- state registration of business participants" ^{[17, p. 48]}.

Guided by the fact that the correctness of scientific definitions is guaranteed by disclosing the essential features of the object being defined and the difference between the object being defined and related subjects, we highlight the concept of "entrepreneurial activity", which will distinguish it from other types of economic and business activities ^{[18, p. 47]}.

Therefore, entrepreneurial activity is an activity aimed at systematic profit–making, carried out under conditions of uncertainty and risks. At the same time, putting the definition of "entrepreneurial activity" in the name of a private forensic theory, the author of this article consciously defines the range of public relations. By the method of the opposite, it is possible to determine what will not be an entrepreneurial activity in the sense invested in the concept being developed. These are the activities of non-profit organizations, special business entities (credit, insurance, professional participants in the securities market, etc.), and individuals. This differentiation is necessary in order that, although in terms of forensic knowledge and practical proposals created in the future, they may be applicable to the specified excluded list, but due to the specifics of the goals (economic content) of financial and economic transactions, the peculiar uniqueness of their accounting (other accounting standards) will not be universal for them.

4. The concept of "economic security" of entrepreneurial activity

The legal definition of the concept of "economic security" is reflected in the Economic Security Strategy of the Russian Federation for the period up to 2030.

Economic security is understood as: "the state of protection of the national economy from external and internal threats, in which the economic sovereignty of the country, the unity of its economic space, and conditions for the implementation of strategic national priorities of the Russian Federation are ensured." Here it is also necessary to focus on the normative legal definitions of related concepts:

- "threat to economic security" - a set of conditions and factors that create a direct or indirect possibility of harming the national interests of the Russian Federation in the economic sphere;

- "challenges to economic security" - a set of factors that, under certain conditions, can lead to a threat to economic security.

A number of authors consider the concept of "economic security" in relation to the state.

With regard to "entrepreneurial activity", it would be more appropriate to analyze doctrinal approaches in relation to an economic entity. It is a commercial enterprise that is the main entity engaged in entrepreneurial activity.

N.V. Matveev proposed the following definition of economic security of an enterprise – this is the state of an enterprise, which ensures its financial equilibrium, stability of functioning and regular profit extraction, the ability to fulfill tasks and goals, the ability to further improve and develop ^{[19, p. 58]}.

A.M. Aripshev believes that the economic security of enterprises is one of the aspects of the characteristics of enterprises, which shows the level of their protection from various internal and external threats ^{[20, p. 168]}.

According to the definition of V.F. Gaponenko, A.A. Bespalko, A.S. Vlaskov, economic security is a property of an enterprise that is characterized by its ability to function normally to achieve certain goals under existing external conditions, as well as their change to certain limits ^{[21, p. 120]}.

These scientists in their work cite, among other things, the opinion of V.K. Senchagov, who understands by economic security a certain state of an object in the system of its connections in terms of its ability to survive and improve in conditions of various internal and external threats, as well as the actions of difficult-to-predict and unpredictable factors ^{[21, p. 508]}.

In a monographic study by a team of authors devoted to economic security issues, the following definition of economic security of an economic entity is presented – "an environment in which the probability of causing significant damage to it over a given time interval is negligible. At the same time, the environment is understood as both the external environment and the internal factors of the subject's existence" ^{[22, p. 53]}.

The authors of the monograph, among other things, proposed a polymodel complex, which includes three models:

- the quality of the state and dynamics of a socio-economic object (state, region, enterprise, society, social groups, individuals) in a set of their properties and functions that ensure optimal survival, functioning and development of the object in conditions of constancy or changes in the internal and external environment, threats, risks and challenges;

- a set of conditions and factors for ensuring economic security in relation to the entire list of available and potential challenges, threats and risks by either creating a ratio of dynamic stability and equilibrium, or gaining a dominant advantage over the factors of the internal and external environment;

- a set of tools and mechanisms, forces and means to ensure the economic security of a social facility in its current state and for the future ^{[22, 54]}.

Of the presented models, the third one corresponds in meaning both to the logic of activities aimed at "ensuring something" and to the general doctrinal ideas about "criminalistic support", and also accompanies the general goals of criminalistics related to the development of tactical-criminalistic and technical-criminalistic knowledge for implementation in practical activities.

Summarizing the presented approaches, we can highlight the main ones. Thus, the "economic security of an economic entity" is understood as:

- the state of protection from threats;

- effective functioning that allows you to achieve the goal;

- simultaneous presence of the two above-mentioned approaches;

- an environment in which the probability of causing significant damage to it over a given time interval is negligible.

The latter approach to the definition of the concept of "economic security" seems to be the most correctly reflecting the essence of the phenomenon, since the state of security is a state in which there is no danger, in turn, threats that violate such a state are a combination of factors of the external and internal environment.

5. Conclusion

Having defined the concepts of "forensic support", "entrepreneurial activity", "economic security" (of an economic entity), we will highlight the author's approach to understanding the criminalistic provision of economic security of entrepreneurial activity. At this stage, it is necessary to make several initial assumptions.

As part of the analysis of the subject of criminology, a group of cognizable objects (elements of the mechanism of criminal activity) has been clarified, where it is proposed to consider not only public relations related to the preparation, commission and concealment of a crime, but also to study illegal acts that are not a crime, but due to the use of a similar method, means, tools, etc. represent It represents the objective side of the corpus delicti.

The group of cognizable objects (activities for the disclosure, investigation and prevention of crimes) has been clarified, where in the list of subjects whose activities are being studied, it is proposed to include employees whose responsibilities include ensuring security (economic security), conducting internal investigations, internal financial control (internal audit) and other externally engaged specialists providing services in this field the sphere. The specified list (along with authorized procedural participants) can be summarized in the title – users of forensic knowledge.

There is no need to identify a special group of cognizable patterns (ensuring the security of socio-economic systems), since the shared approach to the concept of "economic security" defines it as an environment in which there are no security threats. In turn, threats are expressed in the form of illegal acts, the elements of the mechanism of which are studied by criminology. And the activity of neutralizing threats is also studied by criminology in the forms of disclosure, investigation, and prevention.

Since the proposed concept identifies only some objects cognizable by criminology, related primarily to economic crimes, such a concept defines a particular subject of criminology, that is, it forms a private forensic theory. This conclusion corresponds to the general ideas about private forensic theories. Thus, R.S. Belkin and A.I. Vinberg noted that: "private forensic theories are called private because each of them does not reflect the entire subject of criminology, but only its separate part, an element (or a group of elements)" ^{[23, p. 3]}. V.P. Lavrov understands by private forensic theory: "a set of scientific provisions reflecting one or more inextricably linked the most important aspects of the subject of criminology" ^{[24, p. 85]}.

Thus, the subject of the proposed private forensic theory are patterns:

- mutual reflection of the elements of the mechanism of criminal and other illegal activities with the economic condition of the business entity;

- activities for the disclosure, investigation, prevention of criminal and other illegal activities that pose threats to the economic security of an economic entity.

The purpose of this theory is to develop knowledge of forensic techniques, tactics, and techniques based on the study of these patterns in order to introduce them into the activities of relevant users.

Thus, criminalistic provision of economic security of entrepreneurial activity is based on the patterns of mutual reflection of the elements of the mechanism of criminal and other illegal activities with the economic condition of an economic entity, as well as activities for the disclosure, investigation, prevention of criminal and other illegal activities that pose threats to the economic security of an economic entity, a set of knowledge of forensic techniques, tactics, methods.

It is worth noting that the presented concept of criminalistic provision of economic security of entrepreneurial activity does not go beyond the subject of criminology, but, on the contrary, reveals a special case of patterns cognizable by criminology.