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Journal articles on the topic 'Criminal enterprises'
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1
Žatecká, Eva. "Selected aspects of criminal liability of legal persons." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2983–88. http://dx.doi.org/10.11118/actaun201361072983.
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This paper will address issues of corporate criminal liability in terms of enterprises. Criminal liability of legal persons is now a major problem that must deal the enterprises with. The contribution points out the major issues associated with this topic when the legal person may be held criminally responsible and how we can prevent such criminal liability. This issue arises with several questions that need to be pointed out. For example, what are the conditions of the criminal liability of the enterprises, which criminal offenses can be committed, or is it possible to prevent such criminal responsibility, etc. These issues will be the subject of discussion and contribution to current findings. The issue is very new; we have the new act on criminal liability of legal persons effective from 1st January 2012, so the author hopes this paper brings some new solutions and possible matters for discussions.
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VLADIMIROV, KATYA. "RED BUCCANEERS: SOVIET CRIMINAL ENTERPRISES, 1950s." Canadian-American Slavic Studies 35, no. 2-3 (2001): 267–77. http://dx.doi.org/10.1163/221023901x00389.
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Stelmakh, Vladimir Yu. "The Involvement of a Legal Entity in a Criminal Case." Russian judge 12 (December 10, 2020): 25–29. http://dx.doi.org/10.18572/1812-3791-2020-12-25-29.
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The article analyzes problematic aspects of representation of a legal entity in criminal proceedings. Representatives of a legal person may be all persons listed in the criminal procedure law, but the main representative is a member of the governing body, and the remaining persons are appointed by this body and are additional. Some decisions (for example, an application to initiate criminal proceedings on crimes listed in chapter 23 of the Criminal Code of the Russian Federation) are entitled to be submitted by the governing body as such, and not by its individual members. A distinction is made between the representation of a legal entity in unitary enterprises and joint-stock companies. The possibility of participation of representatives of the owner of a unitary enterprise as a representative of the victim is justified in cases where the director of the enterprise unsatisfactorily performs duties in criminal proceedings or is suspected of committing a crime.
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Tarasevich, Tetyana, and Vitaliy Lazarenko. "Criminal liability for bringing bankruptcy of certain business entities." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 378–82. http://dx.doi.org/10.36695/2219-5521.2.2020.72.
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The article distinguishes between financial insolvency and bankruptcy, which is recognized by the economic court as the debtor’sinability to satisfy monetary claims of creditors differently than through the application of the liquidation procedure. The legislation ofUkraine on criminal liability for bankruptcy provides for a fine of two thousand to three thousand non-taxable minimum incomes ofcitizens with the deprivation of the right to occupy certain positions or engage in certain activities for up to three years.Bringing an enterprise to bankruptcy, in particular state or state-owned, is very common in Ukraine and outwardly manifests itselfmainly as covert forms of privatization. Such actions against state-owned enterprises result not only in dubious privatization agreements,but also in the destruction of integral property complexes of strategically important objects for the state, a sharp rise in unemployment,and so on.The activity of agricultural enterprises plays an extremely important role in the development of the market economy of Ukraine,as it is caused by attracting a significant amount of investment in the economy of our country and improving the economic situation inUkraine. The share of agriculture in Ukraine’s GDP in 2019 was 8.9%, or almost 360 billion hryvnias.At the same time, for the bankruptcy of an agricultural or state-owned enterprise, the guilty person may be punished by a finewith restriction of the right to hold certain positions or engage in certain activities. The imposition of a penalty in the form of a finewith restriction of certain rights for the commission of this crime is not sufficient to achieve the purposes of punishment and entails aninjustice in the application of criminal law, which cannot be considered acceptable. Conclusions have been drawn on the need tostrengthen criminal liability for bankruptcy of an agricultural, state-owned enterprise and enterprise, in the authorized capital of whichthe share of state ownership exceeds 50 percent.
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Efimova, Anna I. "Illicit Transnational Enterprises and the State." Outlines of global transformations: politics, economics, law 11, no. 1 (April 4, 2018): 88–105. http://dx.doi.org/10.23932/2542-0240-2018-11-1-88-105.
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This article aims at contributing to the current debate over the effects of illicit transnational activities on states. Recent avenues of conceptualizing transnational organized crime call for defining it as an economic activity with the scope of profit, rather than a criminal activity. Illicit transnational business activities largely follow the trends in development of legal business. The transnational criminal enterprises emerged in parallel to the growth of multinational corporations, making use of the same opportunities as legal business did. The article discusses violence by illicit enterprises and reviews current theoretical debate on the linkages between illicit enterprises and the state. The paper then proceeds with an empirical analysis of the effects of the presence of illicit enterprises on state weakness. We have hypothesized that weak states may have higher presence of criminal businesses. The findings generally confirm significant correlation between the two variables. State fragility is positively correlated with the presence of organized crime. Testing these results against empirical evidence partially confirms the findings. However, this correlation might be weakened by the observation that the presence of illicit enterprises alone does not determine state fragility or strength.
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Paoli, Letizia. "Italian Organised Crime: Mafia Associations and Criminal Enterprises." Global Crime 6, no. 1 (February 2004): 19–31. http://dx.doi.org/10.1080/1744057042000297954.
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Kim, Chang-joon. "Punishment Systcm for Enterprises in China’s Criminal Law." Korean Journal of Comparative Criminal Law 13, no. 1 (July 2011): 301–31. http://dx.doi.org/10.23894/kjccl.2011.13.1.012.
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Agienko, Marina, Alexandr Naumov, Irina Gaag, and Yuriy Volgin. "Qualification of Labour Safety Criminal Violations at Russian Coal Mining Enterprises." E3S Web of Conferences 41 (2018): 04046. http://dx.doi.org/10.1051/e3sconf/20184104046.
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In this paper, the issues of qualification of criminal safety violations at coal mining enterprises are discussed in detail. Firstly, a number of articles of the Criminal Code of the Russian Federation for qualification of these acts are defined. The differences between articles 143 and 216 of the Criminal Code of the Russian Federation with the analysis of a concrete example from judicial practice are considered. A similar procedure is carried out in the course of qualifying safety violations at coal mining enterprises under article 217 of the Criminal Code. In this work, the authors do not try to justify the need to decriminalize any articles of the Criminal Code of the Russian Federation, but try to work with the existing legislative framework so that the qualification rules formulated in the work can be used in practice. Also the authors formulate rules for the qualifications of the violations considered in this paper and propose amendments to the Criminal Code that do not require any “revolutionary” changes. A special difficulty is that there are no scientific recommendations on the qualification of criminal safety violations at coal mining enterprises.
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Harfield, Clive. "From Empire to Europe: Evolving British Policy in Respect of Cross-Border Crime." Journal of Policy History 19, no. 2 (April 2007): 180–206. http://dx.doi.org/10.1353/jph.2007.0011.
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The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is considered in some quarters a threat to national security and the very fabric of society.
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Enderwick, Peter. "Understanding cross-border crime: the value of international business research." critical perspectives on international business 15, no. 2/3 (May 7, 2019): 119–38. http://dx.doi.org/10.1108/cpoib-01-2019-0006.
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Purpose Based on a considerable degree of commonality between multinational enterprises (MNEs) and cross-border criminal organisations, the purpose of this paper is to identify ways and areas in which international business (IB) research could be of value in improving understanding of the operations of cross-border criminal organisations and in the development of effective countermeasures to global crime. Design/methodology/approach A review of the characteristics of legitimate MNEs and cross-border criminal organisations is undertaken to assess the applicability of IB research approaches in understanding the strategies and structures of organised criminal groups. Findings Despite some obvious differences there appears to be sufficient commonality between legitimate and illegitimate international commerce so that the firm-centric focus of IB research could provide valuable insights complementing the policy-oriented approach of criminology. Some adaptation of IB research tools may be required. The exchange is not one-way: studies of cross-border crime also offer lessons for IB scholars. Research limitations/implications IB scholarly work on cross-border crime could enrich both the fields of IB and transnational criminology. Better understanding of criminal enterprises could also facilitate the design of more effective interdiction policies. Originality/value Despite their commonalities and interactions, the two sectors of international enterprise have developed separately, and this paper identifies and explores possible synergies between the two.
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Volgin, Yury, Irina Gaag, and Alexander Naumov. "Criminal Law Violations in Labour Safety at Coal Mining Enterprises." E3S Web of Conferences 105 (2019): 02018. http://dx.doi.org/10.1051/e3sconf/201910502018.
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The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Finally, the case law on this issue has been reviewed since 2016 with consideration of specific examples. In the paper, the authors do not address the issues of qualifying violations of safety rules at coal mining enterprises under Art.143 of the Criminal Code as it has not been changed. At the end of the study, the authors formulate the qualification rules taking into account the latest changes, without proposing any changes to the Criminal Code of the Russian Federation and other regulatory legal acts that do not include the Resolution of the Plenum of the Supreme Court, i.e. the results of the study can be used in practice. The problem is that there is a lack of research of the changes we are considering in the Criminal Code of the Russian Federation, and even more in relation to the coal mining industry.
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Bashta, I. I., and S. L. Horobets. "CRIMINOLOGICAL PREVENTION OF PREVENTION OF ORGANIZED CRIME ACTIVITY AT ENTERPRISES, INSTITUTIONS, ORGANIZATIONS." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 118–20. http://dx.doi.org/10.15421/3919107.
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The main factors of prevention of organized criminal activity at enterprises, establishments, and organizations are investigated in the article. In criminological theory and practice, the prevention of organized crime is seen as a special kind of social activity to prevent crime by identifying, eliminating and neutralizing the causes that give rise to them and the conditions that contribute to them. As a holistic integrative system for combating crime, which unites the efforts of different social institutions of society, prevention of organized crime of enterprises, institutions, organizations should be carried out both at the general social and special criminological levels. The importance of combating organized crime should not lead to the emergence of “special” criminal processes, to the weakening of criminal procedural safeguards. The problem today is the problem of protection of law enforcement officials, provocation, compromise, involvement in criminal activity – not all the list of means used by criminals to block the actions of law enforcement agencies. In addition, many staff members of these bodies have to work in the context of increased professional risk. In this regard, it is necessary to develop as soon as possible recommendations and proposals on the legal and social protection of law enforcement officers. The effectiveness of measures of special criminological prevention of organized crime largely depends on the completeness of the implementation of the main provisions: implementation and compliance with the Laws of Ukraine “On Prevention of Corruption” of 27 October 2011, “On Operational Investigation Activities”, “On National Police”, “About the Security Service of Ukraine”, “About the Prosecutor’s Office”, etc. A real assessment of the situation shows that organized crime has affected many areas of social life. Without effective measures to combat it, it is impossible to further improve social relations. Therefore, the urgent task is to develop a national program to combat organized crime. It should be emphasized that much attention is paid in this article to the legal boundaries of the subjects and objects of prevention. State and specialized subjects of crime prevention in metallurgical complex are considered.
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Shepeleva, Dina Viktorovna. "PUBLIC ENTERPRISES LEGAL ASPECTS OF LEGAL RESPONSIBILITY." Current Issues of the State and Law, no. 8 (2018): 14–20. http://dx.doi.org/10.20310/2587-9340-2018-2-8-14-20.
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We consider legal aspects of legal responsibility of public enterprises. Legal liability for violations of the financial activities of public enterprises can be administrative, civil, financial and even criminal. Analysis of the responsibility of public enterprises allows us to note that at the legislative level, the mechanism of responsibility for violations of the order of financial activity, which is associated with the provision of financial transactions for the transfer of profits, the implementation of budget borrowing, ensuring the efficiency of the use of the property of the enterprise, providing the owner and the authorized body of the necessary information, is not fully provided. It should be noted that for the optimal participation of public entities in economic relations, unitary enterprises implement government orders, carry out government procurement, interacting both with potential contractors and with the owner – the state or public legal entity, including through the Internet. But not always, this kind of activity is going on without violations.
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Sergi, Anna. "Organised crime in English criminal law." Journal of Money Laundering Control 18, no. 2 (May 5, 2015): 182–201. http://dx.doi.org/10.1108/jmlc-10-2014-0038.
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Purpose – The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences. Design/methodology/approach – The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enterprises. The legal comparison is also substantiated by case law examples and interviewees with prosecutors and lawyers collected both in London and in New York City. Findings – After briefly describing how the two systems (English and American) are intended to work, the paper will develop a discussion on the difficulties and advantages of introducing a RICO-style legislation in England and Wales and shall conclude that it is the way organised crime is socially perceived in the English/British scenario that justifies the choice to remain on the level of conspiracy and not move towards membership/enterprise offences. Research limitations/implications – This study shall be primarily intended as an opportunity to assess the criminal law tools in the fight against organised crime available in England and Wales. The comparative side of this research, the RICO statute, would require more attention which this paper cannot give for reasons of brevity. Therefore, the study is a preliminary study in comparative criminal law. Originality/value – The central idea of this work is to suggest that differences in criminal law are based on different perceptions of the wrongfulness of the offending. For the law to change in favour of a criminal enterprise offence in England and Wales, there is a need to reshape the wrongfulness of organised crime. A study into the wrongfulness of organised crime as a criminal offence, with a comparative outlook, has never been conducted before in England and Wales.
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Lyeonov, Serhii, Olha Kuzmenko, Serhii Mynenko, and Oleksii Lyulyov. "Using of insurance companies ‘services for the purpose of legalization of criminal income of economic agents and avoidance of taxation." Herald of Ternopil National Economic University, no. 3(97) (October 1, 2020): 199–210. http://dx.doi.org/10.35774/visnyk2020.03.199.
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Annotation. Providing the stable and continuous functioning of the financial services market is one of the important areas of state economic policy. Without the use of financial intermediaries, the economy cannot function. Criminals, in turn, use the weaknesses of the country’s financial system for their own illicit enrichment or the pursuit of other criminal interests. By laundering illegally obtained money, criminals destabilize the country’s financial system and expand the size of the shadow economy. The purpose of the article is to characterize the possibility of using the services of insurance companies in order to legalize the criminal income of economic agents and tax evasion by enterprises. Results. The article identifies the risk of using the services of insurance companies to legalize illegally obtained income and the place of these services in the market. The study comprehensively considered the possibility of fraudsters using the services of insurance companies to launder the illegal income of economic agents and tax evasion by enterprises. Examples of legalization of illegal income through the services of insurance companies were given. There are three main groups of insurance companies’ services: general insurance, life insurance (pension or insurance for investments), and reinsurance. The main risks associated with money laundering are inherent in each group of services. Summarizing the analysis, general recommendations for insurance companies to prevent money laundering through their services were identified. The prospects for further research. The Prospects for further research are the quantitative characterization of the risk of legalization of criminal income of economic agents and tax evasion for each group of services, as they have their own specific features.
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Sangkaran, Theyvaa, Azween Abdullah, and NZ Jhanjhi. "Criminal Community Detection Based on Isomorphic Subgraph Analytics." Open Computer Science 10, no. 1 (July 1, 2020): 164–74. http://dx.doi.org/10.1515/comp-2020-0112.
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AbstractAll highly centralised enterprises run by criminals do share similar traits, which, if recognised, can help in the criminal investigative process. While conducting a complex confederacy investigation, law enforcement agents should not only identify the key participants but also be able to grasp the nature of the inter-connections between the criminals to understand and determine the modus operandi of an illicit operation. We studied community detection in criminal networks using the graph theory and formally introduced an algorithm that opens a new perspective of community detection compared to the traditional methods used to model the relations between objects. Community structure, generally described as densely connected nodes and similar patterns of links is an important property of complex networks. Our method differs from the traditional method by allowing law enforcement agencies to be able to compare the detected communities and thereby be able to assume a different viewpoint of the criminal network, as presented in the paper we have compared our algorithm to the well-known Girvan-Newman. We consider this method as an alternative or an addition to the traditional community detection methods mentioned earlier, as the proposed algorithm allows, and will assists in, the detection of different patterns and structures of the same community for enforcement agencies and researches. This methodology on community detection has not been extensively researched. Hence, we have identified it as a research gap in this domain and decided to develop a new method of criminal community detection.
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Lyseiuk, A. M., and Yu S. Solovei. "CRIMINAL LEGAL AND CRIMINOLOGICAL CHARACTERISTICS OF CRIME ACTIVITIES AT HEALTH ENTERPRISES." Juridical scientific and electronic journal 4 (2019): 244–46. http://dx.doi.org/10.32782/2524-0374/2019-4/65.
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Heine, Günter. "Criminal Liability of Enterprises and New Risks International Developments – National Consequences." Maastricht Journal of European and Comparative Law 2, no. 2 (June 1995): 107–28. http://dx.doi.org/10.1177/1023263x9500200202.
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Zhyvko, Zinaida. "ECONOMIC SECURITY MANAGEMENT OF ENTERPRISES IN THE SPHERE OF CRIMINAL CHALLENGES." MEST Journal 1, no. 2 (July 15, 2013): 96–105. http://dx.doi.org/10.12709/mest.01.01.02.09.
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Kel'm, S. I. "Public Danger of Corruption Crimes in the Sphere of Housing and Communal Services." Siberian Law Review 17, no. 4 (December 31, 2020): 475–84. http://dx.doi.org/10.19073/2658-7602-2020-17-4-475-484.
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Currently, housing and communal services as a specific form of socio-economic relations are most susceptible to criminal influence. The Author of the article examines corruption crimes in the field of housing and communal services (HCS) from the point of view of public danger. Corruption as a social and legal phenomenon continues to be a dangerous factor in the development of the housing and utilities sector. The article draws attention to the systemic nature of corruption crimes in the housing sector. It is noted that the majority of crimes in the housing and communal sector are stable corruption and are committed by officials, as well as by persons performing organizational, administrative and administrative functions at the enterprises of housing and communal services. The criminals have adapted to the new system of functioning of the housing and communal services and forms of control over its activities. They began to more often involve enterprise accountants, relatives and other close persons in their criminal schemes, thereby forming a stable criminal group in which all roles are carefully distributed and thought out. The Author analyzes judicial practice in corruption-related cases in the field of housing and communal services. The most typical ways of committing crimes in this area are shown. Attention is paid to violations related to the resettlement of citizens from hazardous housing. The issue of the organization of natural monopoly in our country, which reduce the effectiveness of the existing measures of state control and which directly affect the growth of corruption crimes, is investigated. Attention is focused on the deliberate obfuscation of the property rights of resource-supplying organizations and the withdrawal of income to offshore zones. The factors that contribute to the growth of corruption crimes in this industry are noted. On the basis of the study, the author concludes that the social danger of corruption crimes in the sphere of housing and communal services is conditioned by a high level of organization, selfish involvement of officials in the redistribution of funds in their favor, as well as the intricacy of schemes and methods of withdrawing funds from enterprises of housing and communal services.
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Kel'm, S. I. "Public Danger of Corruption Crimes in the Sphere of Housing and Communal Services." Siberian Law Review 17, no. 4 (December 31, 2020): 475–84. http://dx.doi.org/10.19073/2658-7602-2020-17-4-475-484.
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Currently, housing and communal services as a specific form of socio-economic relations are most susceptible to criminal influence. The Author of the article examines corruption crimes in the field of housing and communal services (HCS) from the point of view of public danger. Corruption as a social and legal phenomenon continues to be a dangerous factor in the development of the housing and utilities sector. The article draws attention to the systemic nature of corruption crimes in the housing sector. It is noted that the majority of crimes in the housing and communal sector are stable corruption and are committed by officials, as well as by persons performing organizational, administrative and administrative functions at the enterprises of housing and communal services. The criminals have adapted to the new system of functioning of the housing and communal services and forms of control over its activities. They began to more often involve enterprise accountants, relatives and other close persons in their criminal schemes, thereby forming a stable criminal group in which all roles are carefully distributed and thought out. The Author analyzes judicial practice in corruption-related cases in the field of housing and communal services. The most typical ways of committing crimes in this area are shown. Attention is paid to violations related to the resettlement of citizens from hazardous housing. The issue of the organization of natural monopoly in our country, which reduce the effectiveness of the existing measures of state control and which directly affect the growth of corruption crimes, is investigated. Attention is focused on the deliberate obfuscation of the property rights of resource-supplying organizations and the withdrawal of income to offshore zones. The factors that contribute to the growth of corruption crimes in this industry are noted. On the basis of the study, the author concludes that the social danger of corruption crimes in the sphere of housing and communal services is conditioned by a high level of organization, selfish involvement of officials in the redistribution of funds in their favor, as well as the intricacy of schemes and methods of withdrawing funds from enterprises of housing and communal services.
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Rahma, Sitta Bayti, and Fatma Ulfatun Najicha. "Crimination of Criminal Activities That Caused The Influence of Liquid Drink That Happened in Indonesia." Syiah Kuala Law Journal 5, no. 2 (August 30, 2021): 139–53. http://dx.doi.org/10.24815/sklj.v5i2.20940.
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The problem of inequality related to wages for workers in a society that we often encounter must be resolved. So, this study aims to determine the effectiveness of the application of the Labor Law on wages of Small and Medium Enterprises workers in the culinary sector in Batam, as well as to see the obstacles that occur in the implementation of wages of Small and Medium Enterprises workers in the culinary sector of Batam City. This reserach is empirical research that is based on events that have occurred in the field regarding the application of the law through a series of observations, interviews with competent government officials, small and medium enterprises in the culinary sector. This research shows that the wages received by most of the Small and Medium Enterprises workers in the culinary sector in Batam City are not feasible, such as the absence of a work agreement as mandated by the Labor Law. This can occur because the Manpower Law does not explicitly accommodate the interests of Small and Medium Enterprises workers in the culinary sector, then the government's lack of awareness in preparing skilled workers, and the low quality of education of workers.
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Denysov, S., and Yu Filei. "THE CAUSES AND CONDITIONS OF CRIME IN THE FIELD OF ECONOMY." Criminalistics and Forensics, no. 66 (2021): 348–63. http://dx.doi.org/10.33994/kndise.2021.66.27.
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The article examines the issue of combating criminal offenses in the field of economics. It is emphasized that economic crime is caused by destructive tendencies in the development of market relations in the economy and social sphere. Lack of real protection of legitimate economic relations, lag of law-making activity from the needs of economic practice, unsystematic adoption of legal acts concerning certain elements of the economic system. Recently, there has been a process of merging economic and criminal offenses, as well as merging with organized crime. Penetrating into various spheres of the economy, criminal associations seek not only to establish control over the activities of specific enterprises but also to create their own structures capable of occupying a leading position in the infrastructure of individual industries. The intellectual level of criminal activity increases, the scope, and methods of encroachment expand. The reasons for committing mercenary crimes in the economic sphere are both objective and subjective. Thus, in the determination of crime involved both biological and social characteristics of man. An economic criminal does not perceive himself as a criminal, although he admits that he is breaking the law. The problem here is that the media is very one-sided coverage of the image of the traditional criminal, as well as the fact that economically criminal behavior is difficult at first glance to distinguish from socially obedient. Economic criminals justify their crimes by committing them with the tacit consent or approval of public opinion. They deny causing harm to citizens, and also claim that almost all businessmen do the same. If the profit significantly exceeds the possible punishment, then such a crime becomes profitable. Criminal behavior should not be economically or socially profitable. At the same time, it is important to improve the economic and social living conditions of the people.
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Khanna, Gaurav, Carlos Medina, Anant Nyshadham, Christian Posso, and Jorge Tamayo. "Job Loss, Credit, and Crime in Colombia." American Economic Review: Insights 3, no. 1 (March 1, 2021): 97–114. http://dx.doi.org/10.1257/aeri.20190547.
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We investigate the effects of job displacement, as a result of mass layoffs, on criminal arrests using a matched employer-employee crime dataset from Medellín, Colombia. Job displacement leads to immediate and persistent earnings losses and higher probability of arrest for both the displaced worker and family members. Leveraging a banking policy reform, we find that greater access to credit attenuates the criminal response to job loss. Impacts on arrests are pronounced for property crimes and among younger men for whom opportunities in criminal enterprises are prevalent. Taken together, our results are consistent with economic incentives contributing to criminal participation decisions after job losses. (JEL G21, G51, J63, K42, O16, O17)
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Dannecker, Gerhard. "Straf- und bußgeldrechtliche verantwortung von unternehmen, insbesondere im kartell-, datenschutz-und bankenaufsichtsrecht, de lege lata und de lege ferenda." European Integration Studies 17, no. 1 (2021): 11–41. http://dx.doi.org/10.46941/2021.se1.11-41.
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In the law of the European Union, liability for (administrative) fines (Geldbußen) has developed as a special sanction model for regulatory offences, first in the area of cartel law, now of data protection and banking supervisiory law, too. The criminal law systems for judicial persons in the EU member states are oriented towards the EU system of enterprise liability. This leads to problems, especially with regard to the sentencing and to procedural guarantees. The emerging path of convergence despite different sanction models – responsibility of enterprises versus responsability of judicial persons - should be continued in view of the punitive nature of the (administrative) fine.
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Green, Andrew, and Claire McGourlay. "The Wolf Packs in Our Midst and Other Products of Criminal Joint Enterprise Prosecutions." Journal of Criminal Law 79, no. 4 (August 2015): 280–97. http://dx.doi.org/10.1177/0022018315597816.
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Changes in the law on secondary participation in joint criminal enterprises since 1985 have been driven by a judicial policy aiming to counter a perceived threat to social order from criminal groups. This article argues that these changes enable prosecutions to succeed through the use of tenuous forms of evidence and epistemologically unjustified inferences which juries are permitted to draw from such evidence, a combination which effectively lowers the standard of proof. The lowering of the standard of proof has two effects. First, it makes it easier and cheaper for police investigators to construct prosecution cases, and secondly, it is likely to result in injustice. Many claims have been made that it does indeed have the latter effect. The police view the joint enterprise doctrine as a useful tool, and other parts of the criminal justice system are willing to collaborate with the development and refinement of the tool. This article explores the reasons why support is given to a development which requires such a drastic change in accepted legal standards. The Law Commission justifies these changes by its adoption of a theory that an individual who joins a group engaged in criminal activity changes her or his normative position to that of the group, and so may be held responsible for any crimes committed by any member of the group. However, the theory is unsupported by empirical research. Rather it is grounded in the findings of courts trying cases in which the joint enterprise doctrine is applied, and has its origins in theories which assign to criminal courts the responsibility to identify certain groups as enemies of society. Its application produces the populist characterisation of casual groups of young people as ‘wolf packs’.
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Khmelyuk, Alona, and Natalia Rukavitsyna. "ORGANIZATION OF ACCOUNTING AND DISTRIBUTION OF OVERALL PRODUCTION EXPENSES AT STATE ENTERPRISES OF CRIMINAL ENFORCEMENT SERVICE." Economic Analysis, no. 30(3) (2020): 212–19. http://dx.doi.org/10.35774/econa2020.03.212.
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Introduction. The basic principles and normative-legal regulation of the organization of the account, including the administrative (internal) account of the state enterprise are considered. It is emphasized that the organization of accounting at a state-owned enterprise is carried out in accordance with the current national legislation and is declared through the formation of the Order on Accounting Policy. It is established that the main internal administrative document of the organization of accounting, including the accounting of expenses at the state enterprise is the Order on the organization of the account and accounting policy. A comparative analysis of the Order on accounting policy in terms of declaring the formation and reflection of costs in the accounts and methods of calculating the production cost of products; list and composition of articles of calculation of production cost of production (works, services); bases of distribution of general production variables and distributed fixed costs and their actual reflection. Thus, having studied the method of calculating a unit of production (work robe) and the reflection of business transactions in the system of accounting accounts, some differences with the Order on Accounting Policy. The expediency of application of the normative method of calculation of the prime cost of production is confirmed and the algorithm of calculation of the prime cost of a dressing gown is defined. An assessment of the reflection of overhead costs in the system of accounting accounts at a state-owned enterprise. The inconsistency of the accounting principles declared in the Order on Accounting Policy in terms of cost formation, in particular the cost of production, has been established. Effective methods of improving the accounting of overhead costs at the state enterprise of the penitentiary service are proposed. Purpose. Assess external and internal regulatory approaches to the organization of management (internal) accounting in Ukraine, present the features of the formation of accounting information on costs at the state enterprise, develop recommendations for improving the methodological aspects of accounting and distribution of overhead costs at state enterprises. Method (methodology). Method of system analysis, methods of cause and effect analysis, tabular and graphical methods. Results. The inconsistency of application in practice of the principles and methods of accounting at the state enterprise of the penitentiary service in accordance with the declared Order on Accounting Policy; identified violations in the formation and distribution of overhead costs for production costs; the analysis of the current methods of organization of cost accounting at the state enterprise is carried out; the algorithm for calculating the unit cost of production is presented; proposed improvement of the organization of accounting for overhead costs in order to comply with common methodological approaches to cost accounting.
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Bell, Peter, and Mitchell Congram. "Communication Interception Technology (CIT) and Its Use in the Fight against Transnational Organised Crime (TOC) in Australia: A Review of the Literature." International Journal of Social Science Research 2, no. 1 (December 4, 2013): 46. http://dx.doi.org/10.5296/ijssr.v2i1.4089.
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In recent times, technology has advanced in such a manner that the world can now communicate in means previously never thought possible. Transnational organised crime groups, who have exploited these new technologies as basis for their criminal success, however, have not overlooked this development, growth and globalisation. Law enforcement agencies have been confronted with an unremitting challenge as they endeavour to intercept, monitor and analyse these communications as a means of disrupting the activities of criminal enterprises. The challenge lies in the ability to recognise and change tactics to match an increasingly sophisticated adversary. The use of communication interception technology, such as phone taps or email interception, is a tactic that when used appropriately has the potential to cause serious disruption to criminal enterprises. Despite the research that exists on CIT and TOC, these two bodies of knowledge rarely intersect. This paper builds on current literature, drawing them together to provide a clearer picture of the use of CIT in an enforcement and intelligence capacity. It provides a review of the literature pertaining to TOC, the structure of criminal enterprises and the vulnerability of communication used by these crime groups. Identifying the current contemporary models of policing it reviews intelligence-led policing as the emerging framework for modern policing. Finally, it assesses the literature concerning CIT, its uses within Australia and the limitations and arguments that exist. In doing so, this paper provides practitioners with a clearer picture of the use, barriers and benefits of using CIT in the fight against TOC. It helps to bridge the current gaps in modern policing theory and offers a perspective that can help drive future research.
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Hetzer, Wolfgang. "Corruption as business practice? Criminal responsibility of enterprises in the European Union." ERA Forum 9, no. 3 (October 2008): 387–98. http://dx.doi.org/10.1007/s12027-008-0091-2.
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Singh, Sarabjit. "The risks to business presented by organised and economically motivated criminal enterprises." Journal of Financial Crime 14, no. 1 (January 9, 2007): 79–83. http://dx.doi.org/10.1108/13590790710721828.
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عمر سدي. "الحماية الجزائية لأموال المؤسسات الخيرية = Criminal Protection of Funds of Calcareous Enterprises." مجلة الاجتهاد للدراسات القانونية والاقتصادية 7, no. 4 (October 2018): 209–24. http://dx.doi.org/10.12816/0051893.
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Malakhova, Veronika Yu, and Marina A. Molchanova. "On Some Issues of Countering the Falsification of Financial Accounting Documents and Reporting of a Financial Organization." Business security 2 (March 25, 2021): 15–20. http://dx.doi.org/10.18572/2072-3644-2021-2-15-20.
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This article discusses the severity of the problem of falsification of financial accounting documents and financial statements of a financial organization. Particular attention is paid to the criminal methods of such behavior. The significance and main directions of countering this criminal behavior are determined, first of all, through the organization of various forms of control. At the same time, the features of those forms that are implemented within the framework of individual specific organizations and enterprises are revealed.
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Vivchar, Oksana, Oksana Redkva, and Artur Shatarskyi. "Organizational and legal foundations of the impact of criminal activity on the economic security of business structures in transformational conditions." Vector European, no. 2 (November 2021): 87–93. http://dx.doi.org/10.52507/2345-1106.2021-2.18.
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Theoretical and applied aspects of the impact of criminal activity on the economic security of business structures have been investigated; the structural and dynamic trend of the main threats to the economic security of enterprises on the basis of an integrated assessment, depending on partial indicators have been studied; the features of a multi-vector mechanism of countering crime by means of economic security enterprises, based on the selection of a set of measures has been substantiated.
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Kameel, Tariq, Mohammad Amin Alkrisheh, and Tayil Mahmoud Shiyab. "An analytical study of the criminal liability for founders of joint-stock companies." Corporate Governance and Organizational Behavior Review 5, no. 2, special issue (2021): 203–11. http://dx.doi.org/10.22495/cgobrv5i2sip8.
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Due to the importance of commercial enterprises to economic development, the UAE legislature has sought to carefully regulate them, including providing guarantees to prevent manipulation by founders during the incorporation period. This article focuses on the criminal liability of founders of joint-stock companies in Emirati law and clarifies the actions that result in criminal liability for founders of joint-stock companies. The article approaches the topic by first defining a founder and the qualifications they must possess. Then, the article discusses the crimes and the rulings related to the crimes committed during the incorporation of a joint-stock company (Kamensky, Dudorov, Movchan, Vozniuk, & Makarenko, 2020). This is done by analyzing the relevant laws, including the UAE Commercial Enterprise Law (Number 2 of 2015). The article concludes that the Emirati legislature has defined the purpose of founders and provided the conditions that a person must fulfill to sign the initial contract to incorporate a company as a founder. Moreover, this study showed that the Emirati legislature has leaned towards issuing severe punishments for those who commit these crime
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Вележев, Сергей Иванович. "CRIMINOLOGICAL CHARACTERISTICS OF PERSONS COMMITTING CRIMES IN THE FIELD OF THE FUEL AND ENERGY COMPLEX." Vestnik Samarskogo iuridicheskogo instituta, no. 5(46) (December 24, 2021): 9–14. http://dx.doi.org/10.37523/sui.2021.46.5.001.
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В представленной статье автором рассматриваются вопросы, связанные с криминологической характеристикой лиц, совершающих преступные действия на объектах топливно-энергетического комплекса России (на примере Самарской области), приводятся результаты проведенного исследования криминологических характеристик лиц, наделенных административно-хозяйственными и организационно-управленческие функциями на предприятиях топливно-энергетического комплекса, совершивших преступления коррупционного характера. Определен круг преступлений, которые могут совершаться в сфере топливно-энергетического комплекса (далее - ТЭК) и отнесение их по группам в зависимости от объекта и предмета преступного посягательства. Исходя из анализа основных категорий преступлений, совершаемых в указанной выше отрасли экономики, их многогранности выделяются основные типы преступников, осуществляющих противоправную деятельность, в результате которой причиняется значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Составлен криминологический портрет возможного преступника для данной категории преступлений; проанализированы его основные характеристики: высокий уровень компетентности с точки зрения выполнения им своих должностных обязанностей; специальное образование, возрастные и гендерные характеристики и т. д. Особый интерес представляет приведенная криминологическая характеристика преступников в сфере ТЭК по признаку принадлежности к профессиональному преступному миру, а также по видам рецидива. Основной мотив совершения преступления в сфере ТЭК - корыстный, формируемый под воздействием завышенных материальных потребностей. Результаты исследования показаны на примере конкретных уголовных дел, возбужденных следственными органами на основе результатов оперативно-розыскной деятельности правоохранительных органов. In the article the author examines the issues related to the criminological characteristics of persons committing criminal acts at the facilities of the fuel and energy complex of Russia (on the example of Samara region), the results of the study of some criminological characteristics of officials of the enterprises of the fuel and energy complex who committed corruption crimes are presented. The circle of crimes that can be committed in the sphere of the fuel and energy complex and their classification into groups depending on the object and subject of criminal infringement is defined. Based on the analysis of the main categories of crimes committed in the above-mentioned branch of the economy, their versatility, the main types of criminals who carry out illegal activities as a result of which significant damage is caused to the normal functioning of enterprises of the fuel and energy complex. A typical criminal model for this category of crimes and its characteristics are determined, and first of all it is a high level of competence, special education, age and gender characteristics are shown, etc. Of particular interest is the given criminological characteristics of criminals in the fuel and energy sector on the basis of belonging to the professional criminal world, as well as types of recidivism. The main motive for committing a crime in the fuel and energy sector is selfish, formed under the influence of inflated material needs. The results of the study are shown by the example of specific criminal cases initiated by investigative authorities based on the results of operational investigative activities of law enforcement agencies.
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Boichuk, V. Yu. "Socially Dangerous Behavior as the Mandatory Feature of the Objective Aspect of Crime Under the Article 330 of the Criminal Code of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 85, no. 2 (May 29, 2019): 87–94. http://dx.doi.org/10.32631/v.2019.2.08.
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On the basis of the analysis of existing scientific approaches to the interpretation of socially dangerous act, provided by the legislator in the Art. 330 of the Criminal Code of Ukraine, the author has formulated own approach to determining its content and possible forms of such criminal behavior.
When transferring data to foreign enterprises, institutions, organizations or their representatives constituting the official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, it is offered to understand the commission of any actions by the subject, which are: 1) the direct transfer of information to a representative of a foreign enterprise, institution or organization (verbally, by the delivery of material carriers, etc.); 2) forwarding information with the use of communication means (postal, telephone, telegraph, electronic, etc.) to the address of a foreign enterprise, institution, organization or their representatives; 3) creating the conditions for acquaintance or access to them by a representative of a foreign enterprise, institution or organization.
The author believes that the collection of data for the purpose of transferring to foreign enterprises, institutions, organizations or their representatives that constitutes official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, should be considered as a process, which depending on the situation, may include: detection of information (its carriers), its recording (in memory or by technical means: photo, video, audio recording, copying of documents, electronic documents on USB, HDD, CD drives, etc.); removal of recorded information in the form of a copy or the original carrier from the location; placing the retrieved information in a specific place for storage and further transfer.
The collection of data for the purpose of its transfer should be considered as an action, which is contrary to the rules established by law and, accordingly, requires overcoming the obstacles established by law in order to get access to it. To achieve this purpose, the offender may resort to illegal means such as wiretapping, abduction, bribery, extortion, etc.
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Nieto, Adán. "Towards a European Economic Criminal Law of Human Rights." European Criminal Law Review 11, no. 1 (2021): 6–35. http://dx.doi.org/10.5771/2193-5505-2021-1-6.
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The work proposes the emergence of a new sector within economic criminal law whose objective would be the protection of human rights and the sanctioning of multinational companies. This new sector should be promoted by the EU, which in recent years and from various sources, has been enacting a set of directives and regulations that affect this area. The economic criminal law of human rights would complement the possibilities already offered by international criminal law to sanction these conducts. The basis of the new incriminations found in this work connects with the obligations to establish compliance measures (due diligence) that have been established in the United Nations Guiding Principles for Multinational Enterprises and also with the new duties of transparency linked to non-financial information.
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McCarl, Bruce A., M. Edward Rister, Ruby Ward, Charles R. Long, Dean McCorkle, Houshmand Ziari, J. Richard Conner, Allen W. Sturdivant, and Troy N. Thompson. "Strategie Agribusiness Operation Realignment in the Texas Prison System." Journal of Agricultural and Applied Economics 32, no. 1 (April 2000): 145–58. http://dx.doi.org/10.1017/s1074070800027899.
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AbstractMathematical programming-based systems analysis is used to examine the consequences of alternative operation configuration for the agricultural operations within the Texas Department of Criminal Justice. Continuation versus elimination of the total operation as well as individual operating departments are considered. Methodology includes a firm systems operation model combined with capital budgeting and an integer programming based investment model. Results indicate the resources realize a positive return as a whole, but some enterprises are not using resources profitably. The integer investment model is found to be superior for investigating whether to continue multiple interrelated enterprises.
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Rossinskiy, S. B. "Reclamation of objects and documents as a way of collecting evidence in pre-trial proceedings in a criminal case." Juridical Journal of Samara University 7, no. 1 (July 7, 2021): 82–88. http://dx.doi.org/10.18287/2542-047x-2021-7-1-82-88.
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This article is devoted to the consideration of the appeal as one of the most simple, purely technical pre-trial techniques aimed at collecting objects and documents that are subject to potential attachment as evidence to the materials of a criminal case. On the basis of the predefined code of criminal procedure obligations upon all institutions, enterprises, organizations, officials and citizens with the requirements, instructions and requests of bodies of inquiry and preliminary investigation, the author considers the discovery as one of the main ways of collecting the evidence, introduced in a criminal trial in finished form, specifically: physical evidence, other documents, conclusions of the expert, the results of investigative and administrative activities. At the same time, the problems of criminal procedure regulations of the reclamation of objects and documents are analyzed, the procedural order and the most acceptable applied technologies for its implementation in everyday law enforcement practice are considered.
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Passas, Nikos, and David Nelken. "The thin line between legitimate and criminal enterprises: subsidy frauds in the European Community." Crime, Law and Social Change 19, no. 3 (April 1993): 223–43. http://dx.doi.org/10.1007/bf01844060.
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Hellmann, U., and D. Stage. "COMPLIANCE PROGRAMS IN BUSINESS ENTERPRISES AND SELF-REPLICATING RISK OF CRIMINAL OR ADMINISTRATIVE LIABILITY." Zakon 16, no. 5 (2021): 61–73. http://dx.doi.org/10.37239/0869-4400-2021-16-5-61-73.
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Osadko, Alisa. "Countering the manifestations of organized crime in strategic enterprises as an integral part of the national security system." Collection of Ukrainian Research Institute of Special Equipment and Forensic Expertise of the Security Service OF Ukraine, no. 1 (January 28, 2021): 167–78. http://dx.doi.org/10.54658/ssu.27097978.2021.1.pp.167-178.
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The article covers enterprises with strategic importance for the economy and security of the state and critical to the functioning of society, socio-economic development of the state and national security. It is noted that the topical issue that needs to be addressed urgently is the situation in the most important areas for national security, such as military-industrial (MIC), fuel and energy (FEC) and agro-industrial complexes (APC), which are the most vulnerable for organized crime. The purpose of the article is to study the manifestations of criminal activity at strategically important objects of the military-industrial complex, fuel and energy complex and agro-industrial complex. The article highlights the criteria for classifying objects of state property as those of strategic importance for the economy and security of the state, which provides additional guarantees for its activities in the form of additional funding from the state budget. Based on the analysis of certain industries, in particular militaryindustrial, fuel-energy and agro-industrial complexes, the existence of crimes in this area as well as the most characteristic features of organized crime and the problems that arise in their settlement are indicated. It is noted that certain enterprises aren't included in the list of strategically important objects. It is proposed to regulate the issues of corporatization and privatization of strategic enterprises at the legislative level. To ensure socio-economic stability and security, the state needs an effective state policy and strategy of the state aimed at the efficient use of its resources, the establishment of guarantees for economic entities to protect strategic enterprises from criminal encroachment
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King, Michael. "Policing the illicit trade of tobacco in Australia." Journal of Financial Crime 26, no. 1 (January 7, 2019): 146–61. http://dx.doi.org/10.1108/jfc-12-2017-0121.
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Purpose The purpose of this study is to identify factors that have led to the rebirthing of the illicit cultivation of tobacco in Australia known as chop-chop. Limited research has been conducted on the Commonwealth policing of tobacco-related criminal activity, but no prior studies have investigated domestic cultivation since the tobacco farming ceased legal production. Design/methodology/approach To fill the void of the literature, this study used data collected from Australian Government publications, court cases and newspapers to develop an understanding of the financial aspects and policing of the rebirth of chop-chop. Newspaper articles for a range of publications for a two-year period were used to examine policing efforts to disrupt criminals engaged in domestic cultivation of tobacco. Findings As tobacco was first legally grown in Australia, authorities have always faced the problems associated with the illicit cultivation of tobacco. Findings indicate that as a result of the increased number of successful interception of illicit tobacco at the border, the domestic cultivation of chop-chop is growing as criminal enterprises find alternative means to fund their activities. Originality/value The paper improves upon a neglected topic by offering a current contribution to a topic looking at the illicit tobacco, chop-chop trade.
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Anishchenko, O., and O. Danylchenko. "LOSSES AS A SUBJECT TO LEGAL ECONOMIC EXAMINATION IN CRIMINAL PROCEEDINGS." Theory and Practice of Forensic Science and Criminalistics 20, no. 2 (December 4, 2019): 367–77. http://dx.doi.org/10.32353/khrife.2.2019.28.
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In criminal proceedings, in the process of investigation or judicial consideration of cases of theft and appropriation of property and economic crimes, a forensic economic examination is appointed, during which conflict situations in the financial and economic activities of enterprises, which resulted in losses, loss of material and material assets and money, are investigated. That is, forensic economic expertise is a form of use of specialized knowledge in criminal proceedings.
Research within the framework of economic expertise is based on the study of the economic activity of the enterprise, the processes of formation of financial indicators on the carried out transactions and the correctness of their recording in the accounting.
According to article 242, paragraph 1, of the Criminal Procedure Code of Ukraine, and paragraph 2. 3 of the Instructions on the Appointment and Conduct of Forensic Examinations and Expert Studies, «Methods of Solving Issues of Material Damage by Forensic and Economic Examination,» the question of establishing losses in their legal sense goes beyond the limits established by law of the use of specialized knowledge by a judicial expert economist.
The issue of the wrongfulness of a person ‘s conduct, due to its legal nature, cannot be decided by a forensic and economic examination. The decision of such a question is the exclusive competence of the investigator or the court.
When deciding on the determination of material damage (losses), the expert economist, within the limits of his competence, determines only the economic side of the losses caused to the victim, regardless of the reasons for their occurrence.
Keywords: losses, the making elements of losses, methods of assessment of damage and its size, competence, competence.
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Pyrih, I., and V. Prihodko. "Criminal records: problems of classification." Theory and Practice of Forensic Science and Criminalistics 23, no. 1 (July 27, 2021): 45–60. http://dx.doi.org/10.32353/khrife.1.2021.03.
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Problems of criminal records classification have been studied. The article considers classification of criminal records according to the main criteria: intended purpose, degree of centralization and functional (target) purpose.
Criminal records develop and operate within various state bodies of Ukraine, therefore records can be classified by intended purpose as follows: records of the Ministry of Internal Affairs of Ukraine; State Tax Service of Ukraine; State Customs Service of Ukraine; Security Service of Ukraine; State Bureau of Investigation of National Anti-Corruption Bureau; General Prosecutor’s Office, etc.All of them are aimed at facilitating investigation of criminal offenses. At the same time, criminal records of the Ministry of Internal Affairs of Ukraine, in turn include records of: the National Police of Ukraine, functioning in the department of information and analytical support; State Border Guard Service of Ukraine; State Migration Service of Ukraine; Main service center of MIA of Ukraine; Expert Service of the Ministry of Internal Affairs of Ukraine.
It has been proved that according to the degree of centralization, records should be divided into central, regional and local; but at the same time, the virtual absence of records in the expert service at the local level is stressed, which is confirmed by results of studying case files of criminal proceedings and interviews of investigators. According to the view of authors, criminal record keeping of objects at the local level in the general classification should be left for further consideration, but responsibility for its formation and functioning should be assigned to the city departments of technical and forensic support of police.
Classification of criminal records by functional (target) purpose into search and reference ones is substantiated. At the same time, it is noted that reference and support records in the form of collections have lost their meaning today and cannot make up the system of criminal records. In view of the authors, they can be characterized as information databases formed and operating in cyberspace and that can be both freely available and owned by enterprises, institutions, organizations and individuals. In practice, this type of record keeping practically non-existent which is evidenced by studying work results of investigative police departments and expert service.
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Popov, Peter P., Viktor S. Gapchenko, Kirill A. Litvinov, and Oleg B. Ivanov. "Mediative approach as a social and psychological tool of pedagogical diagnostics existing business processes." Pedagogy: history, prospects 3, no. 4 (August 29, 2020): 44–62. http://dx.doi.org/10.17748/2686-9969-2020-3-4-44-62.
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Mediation is actively used in dispute resolution practice in organizations and labor collectives in national and international companies abroad. In the Russian Federation, such activities – educational, legislative and practical – are conducted by the Scientific and Methodological Center for Mediation and Law. A significant obstacle associated with the possible introduction of mediation in the practice of large Russian commercial holdings is the specifics of personal experience of business owners themselves. Basically such enterprises were created in the 90s of the XX century, and differ in criminal stories of their appearance. Mediation is not suitable for resolving all industrial disputes.In our opinion, based on the study of literature on the subject of studying the boundaries of mediation application in the management of industrial conflicts – fundamental, i.e., those that relate to the characteristics of people, and systemic, i.e., those that relate to the organizational structure of the enterprise.
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Horobets, N. S., and Ye S. Pylypenko. "Theoretical and legal bases of protection of business entities from raiders in Ukraine." Legal horizons, no. 25 (2020): 51–56. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p51.
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The article is devoted to the study of theoretical and legal principles of protection of business entities from raids in Ukraine due to the low level of quality of the system of protection of private property rights in the state. It is stated that for small enterprises the lack of financial resources and the risk of illegal seizure or takeover, ie "raiding", is a more common problem, but large enterprises are also subject to raids. It was found that raiding is a real threat to the integrity of enterprises, stable economic development and information security of the state, its danger is confirmed by data on the number of raider seizures of property in Ukraine. It is noted that one of the areas of counteraction to raiding is the consolidation at the legislative level of a common understanding of this concept, but the Civil Code of Ukraine, the Law of Ukraine "On Joint Stock Companies" deals only with certain aspects of raiding. Features of "white", "gray", "black" raiding are revealed. There are two ways to warn and protect businesses from raiding: the use of government tools and self-preventive protection of the enterprise. The state instruments of warning and protection of enterprises from raids include: legislative guarantees of inviolability of property and protection of property rights of enterprises in case of violation, criminal liability for misappropriation of property, the procedure of state registration of property rights, the right to apply for protection of rights and interests to the court and the Office for Combating Raiding at the Ministry of Justice of Ukraine. It is emphasized that only 20% of enterprises independently protect themselves from raider encroachment, which explains the large number of raider seizures in Ukraine. Among the methods of such protection, emphasis is placed on creating a reliable system of protection of information about the company, ensuring timely and full payment of dividends to shareholders, preventing the mass purchase of shares and monitoring the current situation. It is concluded that it is expedient to develop and consolidate at the legislative level a common understanding of the concept of "raiding", guarantees of warning and protection of business entities from raiding in Ukraine, improving the powers of courts and the Office for Combating Raiding in Ukraine to consider issues of registration of property rights of enterprises.
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Yury, Belonogov. "Implementation of the Supreme Soviet Presidium Decree of June 26, 1940 in July ‒ December 1941 (on the Materials of Perm Region)." TECHNOLOGOS, no. 3 (2020): 5–21. http://dx.doi.org/10.15593/perm.kipf/2020.3.01.
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It is considered the law enforcement practice of implementing the Decree of 26 June 1940 before the adoption of the Decree of 26 December 1941, which increased the criminal penalty for desertion from the labour front. On the basis of statistics on the number of convicted and excluded from the party for violations of labour discipline the author points out the refusal of the party-State authorities to continue the unsystematic punitive policy. This refusal was manifested in the purposeful division of violators of labour discipline into "malicious" and "accidental," in the rules on prevention of illegal cases of criminal prosecution, in some reduction of the number of persons brought to criminal and party disciplinary responsibility, in the general easing and revision of severe penalties. This was due to the high level of social tension caused by the previous course of strengthening punitive policy in the field of labour legal relations and the updated failed outbreak of war. However, during the first six months of the war the number and social composition of rear workers begins to change significantly: in conditions of acute shortage of personnel, the share of low-skilled labor force in the person of graduates of schools of factory training and craft schools mobilized from rural areas by collective farmers, labor workers and prisoners increases. These changes took place in the context of the restructuring of the economy into "military tracks," which was accompanied by the disruption of economic ties between enterprises and the disruption of the supply of raw materials, the downtime of production and the failure to carry out increasing defense tasks, and a significant decrease in the standard of living of workers. This became a socio-economic prerequisite for a rather critical level of negative labour deviations which called into question the performance of defense orders by military industry enterprises. In turn, this circumstance has led to a significant increase in criminal penalties for unauthorized abandonment of the place of work.
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Darahan, Valeriy, and Serhiy Balaban. "Analysis of the state of scientific support of operational and research resistance to criminal offenses committed in the fields of economy." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 235–39. http://dx.doi.org/10.31733/2078-3566-2021-1-235-239.
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The article analyzes the scientific achievements of scientists on the study of certain problems of operational and investigative counteraction to criminal offenses committed in priority sectors of the economy, in particular: agro-industrial complex; housing and communal complex; machine-building complex; transport infrastructure; resort and recreational sphere and tourism; processing industry. The purpose of the article is to analyze the current state of scientific development of problems of operational and investigative counteraction to criminal offenses committed in priority sectors of the economy. The analysis of scientific achievements of scientists at the level of doctoral dissertations testifies to a significant contribution to the formation of areas of operational and investigative counteraction to criminal offenses committed in certain sectors and areas of the economy. However, these studies solve some problems that arise only in some areas of the economy and only partially solve the problems that currently arise in the process of operational and investigative response to criminal offenses committed in priority sectors of the economy. It is established that as of today, no normative legal act defines an exhaustive list of sectors of the economy, which in itself negatively affects the state of organization of counteraction to criminal offenses committed in the sectors of the economy by criminal police units. It is established that to date, research on the problems of operational and investigative counteraction to criminal offenses in the field of economics, committed at the enterprises of the machine-building complex and in the resort and recreational sphere, has not been conducted at all. Research on certain problems of operational and investigative counteraction to criminal offenses committed in other priority sectors of the economy was conducted mainly before the reform of law enforcement agencies.
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Orlova, Alexandra V. "A Promising Solution? Changing the Current Russian Business Climate by Amending the Criminal Code." European Business Law Review 23, Issue 5 (October 1, 2012): 809–30. http://dx.doi.org/10.54648/eulr2012035.
Full textAbstract:
This article aims to explore a question of whether the situation of Russian large as well as small and medium size businesses would be improved by the introduction of the current set of economic reforms by way of the 2010 Russian Criminal Code amendments. The article concludes that the amendments are unlikely to make any difference when it comes to large enterprises given the current extra-legal relationship between big business and the state. In terms of small and medium businesses, the 2010 amendments may make it more difficult to lay criminal charges against business owners and thus reduce some of the pressure facing small and medium businesses. However, the 2010 amendments are unlikely to cause a radical shift in the overall plight of small and medium businesses.