Embezzlement in the Public Sector as an Object of Forensic Research

This paper investigates embezzlement in the public (budgetary) sector, a widespread phenomenon that causes significant harm to the national budget system, society, and individual citizens. To justify the relevance and scale of the issue, the Author cites statistical data from authoritative sources such as the Accounts Chamber of the Russian Federation and the Ministry of Internal Affairs. The analysis incorporates key provisions of the National Security Strategy of the Russian Federation relevant to the topic, including the Strategy’s prioritization of combating the misappropriation and misuse of state budget funds. The study presents the Author’s perspective on urgent issues in countering budget-related embezzlement and underscores the need for advanced forensic methodology to ensure effective detection, investigation, and prevention of such crimes. The concept of “budgetary funds” is examined in both current legislation and scholarly discourse. The paper outlines key features of crimes involving public-sector embezzlement, including: a specific object and subject of criminal encroachment; the specialized nature of the affected domain (e.g., public procurement); offenders, such as public officials, employees, and executives; self-serving motives and organized criminal methods; additional features characteristic of complex economic crimes. The Author offers a refined definition of this criminal phenomenon, emphasizing its potential as a methodological foundation for developing forensic profiles and investigation techniques. Based on a review of investigative and judicial practices and a broad spectrum of academic literature in forensic science, criminal law, and criminology, the paper concludes that embezzlement in the budgetary sphere is often intertwined with other offenses, such as: economic and official misconduct, corruption crimes, forgery and use of fraudulent documents and, in rare cases, even serious offenses such as murder.

1. Naumov Yu. G., Samolysov P. V. Evil Tendering as a National Security Issue. Proceedings of the Management Academy of the Ministry of Interior of Russia. 2017;2:86-91. (In Russ.)

2. Yarullin R. R. Misuse of Budget Funds in Russia’s Budgetary System in the Context of Anti-Corruption Environment. Fundamental Research. 2016;10-3:678-684. (In Russ.)

3. Garmaev Yu. P., Ivanov E. A., Markuntsov S.A. Anti-Corruption Compliance in the Russian Federation: Interdisciplinary Aspects. Moscow: Yurisprudentsiya Publ.; 2020. 240 p. (In Russ.)

4. Kornoukhov V. E. Methods of Crime Investigation: Theoretical Foundations. Moscow: Norma Publ.; 2008. 223 p. (In Russ.)

5. Parshin D. V. Revisiting the Identity of the Perpetrator as an Element of Criminalistic Characteristics of the Embezzlement of Public Funds Intended For the Implementation of Priority Guidelines in Agricultural Development. Vestnik Eastern Siberia Institute of the Ministry of the Interior of the Russian Federation. 2017;4:111-120. (In Russ.)

6. Valeeva Yu. A. Criminal Responsibility for Theft of Budgetary Funds. Forum molodykh uchenykh. 2019;1- 1:681-684. (In Russ.)

7. Kuzovleva N. F. Establishing a Mechanism for Monitoring the Use of Budgetary Funds in the Sphere of Public Procurement. In: Current Issues in Ensuring Economic Security and Combating the Shadow Economy. Moscow: Nauchnyi konsul’tant Publ.; 2018. P. 118–126. (In Russ.)

8. Svetlova V. V. Methodological Support for the Detection of Crimes Related to the Cashing Out of Budgetary Funds. In: Synergy of Accounting, Analysis, and Auditing in Ensuring the Economic Security of Business and the State. Moscow: Auditor Publ.; 2016. P. 229–236. (In Russ.)

9. Kirshina E. A. Budget as the Subject of a Criminal Assault. Gaps in Russian Legislation. 2016;3:66-68. (In Russ.)

10. Alieva G. A. The Issue of Identifying and Disclosing of Plunders of Budgetary Funds in the Sphere of Housing and Communal Services. Plekhanov Scientific Bulletin. 2017;2:14-16. (In Russ.)

11. Annikov A. V. Actual Problems of Obtaining Primary Data аbout the Facts of Embezzlement of Public Funds in the Implementation of State Defense Order. Bulletin of Vladimir Law Institute. 2016;2:45-48. (In Russ.)

12. Menzhega M. M., Ivanov V. O. Fraud in the Field of Procurement for State and Municipal Needs. In: Problems of Implementing the Results of Innovative Developments. Pt. 3. Ufa: AETERNA Publ.; 2017. P. 133– 137. (In Russ.)

13. Gitinov R. K. Criminalistic characteristics of fraud in the sphere of auto-insurance. Russian Investigator. 2011;12:8-11. (In Russ.)

14. Orlov A. S. To the Issue of Forensic Characteristics of Fraud in the Field of Lending. International Journal of Humanities and Natural Sciences. 2019;11-3:90-94. DOI: https://doi.org/10.24411/2500-1000-2019-11822 (In Russ.)

15. Nizaeva S. R. Criminal Characteristics of Fraud in the Sphere of Turnover of Residential Property. Eurasian Law Journal. 2017;4:251-253. (In Russ.)

16. Ermolenko D. A. Criminalistic Characteristics of Fraud in the Field of Computer Information. E-Scio. 2020;2:123-127. (In Russ.)

17. Tretiakova E. I. Some Elements of Criminalistic Characteristic of the Fraud Which Entailed Loss of the Right for Housing. Vestnik Eastern Siberia Institute of the Ministry of the Interior of the Russian Federation. 2019;1:241-251. DOI: https://doi.org/10.24411/2312-3184-2019-10023 (In Russ.)

18. Aliev R. V. Criminalistic Characteristics of Fraud in the Field of Shared-Equity Construction. Nauchniy komponent. 2022;4:44-51. DOI: https://doi.org/10.51980/2686-939X_2022_4_44 (In Russ.)

19. Obraztsov V. A. Crimes Related to Professional Activity as an Object of Forensic Research. Issues of Combating Crime. 1982;36:91. (In Russ.)

20. Korzh V. P. Problems of Formation of New Methods of Investigation of Crimes Committed By Organised Crime in Economics. In: Stepanenko D. A. (Ed.). Forensic Readings on Lake Baikal – 2015. Irkutsk, 2015. P. 74–79. (In Russ.)

21. Shmonin A. V. Methodology of Forensic Techniques. Moscow: Yurlitinform Publ.; 2010. 415 p. (In Russ.)

22. Yablokov N. P. Criminalistics Classification of Crimes in the Investigationmethod and Its Types. Moscow University Bulletin. Series 11. Law. 2015;5:40-51. (In Russ.)

23. Gerasimov I. F. Issues of Forensic Classification in Crime Investigation Methods. In: Democracy and Law in a Developed Socialist Society. Moscow: Moscow University Publ.; 1975. P. 399–400. (In Russ.)

24. Kononov D. A. The Questions of Ratio of “Service Crimes” and “Malfeasance” in the Modern Russian Criminal Law. Scientific Thought of Caucasus. 2014;2:127-130. (In Russ.)