Анотація

The author analyzed the features of modus operandi as a key element of forensic specifications of property insurance fraud. Also special attention is focused on the peculiarities of the ways with the aid of which the crime is committed, depending on its perpetrator.

The purpose of the article is the study of property insurance fraud, its essential characteristics and ways in which it can be committed. The article acknowledges that insufficient level in the scientific study of insurance offences leads to the difficulties in the investigation of such type of crimes. Furthermore, abovementioned phenomenon has a direct impact on crime disclosure (particularly its statistics) and prosecuting those who responsible for committing such crime.

The author concludes that insurance fraud is possible only in cases where there is an insurance relationship between the insurer and the insured.

In the context of the current research, the author refers to the legal components of the fraud, stipulated in Ukrainian penal code. However, within the framework suggested by the author, underlying ways of committing fraud are mainly substantive and informative, taking into account the specificity of the insurance industry. Therefore, the author notes that the offenders must, by themselves or second persons, artificially create an insurance case.

The article also examines the characteristic features of the way in which property insurance fraud can be committed, accordingly to its perpetrator. Thus, in case when the perpetrator is the insurance company, among key ways of committing the crime will be the issuing of invalid certificate of insurance or its forgery. Moreover, there may be the case where fraudster impersonates a representative of an insuring company. In such a case, the offence can be committed by forging of seal, issuance of forged set form of the particular insurance company.

Key words: fraud, way of committing a crime, property insurance, insurer, insured.