Forensic art expertise in investigating art fraud

Abstract

Forensic means of investigating the circumstances of a case involving objects of fine art are considered. Pre-criminal and criminal situations are distinguished. Illegal actions in the sphere of circulation of objects and works of art are investigated. Attention is focused on the crime provided for in Art. 159 of the Criminal Code of the Russian Federation, which may include objects and works of art. In this regard, the following concepts are analyzed: “misleading”, “deception”, “breach of trust”, “theft”. It is proven that conducting a comprehensive forensic art examination at the initial stage is necessary to establish the subject of the crime under Article 159 of the Criminal Code of the Russian Federation. General scientific methods are used — comparison, juxtaposition; analysis, synthesis, analogy; logical methods: deduction, induction; empirical method — review of criminal legislation; forensic methods — structural-functional; building versions; private expert methods: art criticism and handwriting examination. Scientific novelty lies in: 1) clarification of the subject of the crime, according to Article 159 of the Criminal Code of the Russian Federation, related to objects of art; 2) in the classification of objects of criminal attacks in order to clarify the circumstances of the commission of crimes related to objects of art; 3) in optimizing the forensic recommendation for the appointment of a comprehensive forensic art history examination, necessary to establish the authorship, authenticity or counterfeitness of objects of art in the group of crimes related to objects of art.

References

1. Azaryonok, N.V. (202I). Increasing the role of forensic examination at the stage of initiating a criminal case. In T. F., Moiseeva (Ed.). Discussion issues in the theory and practice of forensic examination: Materials of the IV International Scientific and Practical Conference, March 25–26 (pp. 41–45). Moscow (in Russ.).
2. Antonyan, Y.M. (2022). Criminology as one of the fundamental sciences. Proceedings of the Institute of State and Law of the Russian Academy of Sciences. Vol. 17, 5, pp. 223–234 (in Russ.).
3. Bondarenko, L.K. (2023). Interaction of the interrogator and investigator with knowledgeable persons at the preliminary stage in the investigation of crimes related to objects of art. In A. J., Sarkisyan and S.V., Kharchenko (Eds.). Soviet and Russian criminology: traditions and prospects. Materials of the All-Russian scientific and practical conference with international participation (pp. 232–237). Moscow (in Russ.).
4. Bondarenko, L.K. (2022). Clarification of the object and subject of examination of cold antique weapons. Russian Justice, 2, pp. 59–68 (in Russ.).
5. Gavrilov, B.Y. (2021). Problems of the evidentiary value of the conclusion of a forensic examination at the stage of initiating a criminal case. In T. F., Moiseeva (Ed.). Discussion issues in the theory and practice of forensic examination: Materials of the IV International Scientific and Practical Conference, March 25–26 (pp. 171–176) (in Russ.).
6. Gladkikh, V.I. (2021). Causing property damage by deception or abuse of trust: criminal law analysis of Article 165 of the Criminal Code of the Russian Federation. Eurasian Union of Scientists, (3)84, pp. 39–44 (in Russ.).
7. Zhizhina, M.V. (2022). Forensic handwriting research using digital scans and photocopies of documents (part 2). Theory and practice of forensic examination, Vol. 17, 3, pp. 94–103 (in Russ.).
8. Kadnikov, N.G. (2020). Classification of crimes according to criminal law of Russia. Moscow (in Russ.).
9. Oganesyan, T.G (2022). The problem of determining the scope of entrepreneurial activity as a sign of fraud. Lomonosov Law Journal, 1, pp. 107–121 (in Russ.).
10. Skvortsova, O.V. and Silvanovich, V.R. (2021). Questions of qualification and differentiation of robbery with related crimes. Scientific notes of the Crimean Federal University named after V. I. Vernadsky Legal sciences, Vol. 7(73), 4, pp. 219–226 (in Russ.).