THE QUESTION OF BASEMENTS OF PREPROSECUTORIAL EXAMINED CONTENTS’ DIRECTION ON TERRITORIALITY BASED ON EXAMPLES OF FRAUD USING MOBILE COMMUNICATIONS’ MEANS

In the article actual problems and mistakes of law enforcement practice are considered based on the examples of fraud using mobile communications’ means with direction of examined contents on territoriality, and also problems of statutory regulation’s questions of such procedural judgement’s acceptance. The author gives a description of the research on this issue, analyzes the legislation governing the location of the crime, the end of the crime, the existence of sufficient grounds for initiating a criminal case, as well as law enforcement practice. It is concluded that law enforcement officers often make mistakes in interpreting the concepts of “crime scene”, “cash-out” and “phone number registration”. The author determines the place of commission of the crime in the conduct of fraud by means of cellular communication or banking operations through the Internet, including when there were several criminals or various consecutive actions, as well as when the bank card was stolen or the money was transferred from the victim's account to the account of the offender. The main attention in the article is given to the study of the grounds for sending verification materials on territoriality. The author concludes that the law does not regulate the issue of transfer of materials pre-investigation verification of territoriality and proposes amendments to the Code of Criminal Procedure.