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1
Krymov, V. A. "Criminal procedural delinquency counteraction: essence, concept and meaning." Penitentiary Science 14, no. 3 (2020): 368–73. http://dx.doi.org/10.46741/2686-9764-2020-14-3-368-373.
Повний текст джерелаАнотація:
The term “delinquency counteraction” is now often found on the pages of regulatory legal acts, scientific and educational publications, without having an unambiguous definition. Combining the activities of identifying, preventing, suppressing and investigating criminal acts committed in various spheres of society, minimizing harm caused by criminal activity, as well as prosecuting persons guilty of committing crimes, delinquency counteraction has indeed become a systemic concept in research of a separate type of law enforcement activity. In this regard the activities of officials of law enforcement and judicial bodies related to the preliminary investigation of crimes, criminal proceedings are considered as criminal procedural delinquency counteraction. Based on the analysis of the legal and empirical base, the existing theoretical views, the article substantiates the allocation of criminal procedural crime as a separate direction, identifies problematic issues of the beginning of its implementation, and also formulates conclusions and proposals for improving criminal procedural legislation from the standpoint of protecting rights and legal interests of participants in criminal procedural legal relations.
2
Vladyslav, Kubalskyi. "Bases of criminal legal counteraction to separatism." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 365–73. http://dx.doi.org/10.33663/0869-2491-2020-31-365-373.
Повний текст джерелаАнотація:
The criminal-law component is the most important element of the state-legal mechanism for combating separatism. The existing system of criminal-law protection of state sovereignty and territorial integrity and inviolability should be aimed at protecting against all existing and possible manifestations of separatism, taking into account current trends of its development. The methodological basis of the proposed article is traditional. In particular, used system-structural and formal-logical methods, which are covered by the general method of dialectical cognition. Criminal responsibility for separatism can only occur for specific crimes in which separatism is manifested as a phenomenon. In this regard, it is inappropriate to accept proposals for the legislative definition of the composition of the crime of “separatism” because of the particular complexity of this concept, because separatism is a complex of actions, and the article usually assumes responsibility for a specific action. At the present stage, it is advisable to adopt a special law to counteract separatism in order to systematically counteract this negative phenomenon. Criminal responsibility for separatist activity comes mainly under Art. 110 “Attack on the territorial integrity and inviolability of Ukraine” of the Criminal Code of Ukraine. The so-called “separatist” acts may also be crimes under Article 109 “Actions aimed at violent alteration or overthrow of the constitutional order or seizure of state power”, 1102 “Financing actions taken for the purpose of violent alteration or overthrow of the constitutional order or seizure of state power, changes of borders of the territory or state border of Ukraine”, 111 “State treason”. The so-called “separatist” can be attributed to other crimes in certain cases. The so-called “separatist” can be attributed to other crimes in certain cases. It should be borne in mind that separatist activities may be accompanied by the commission of crimes under Articles 258 “Terrorist Act”, 2583 “Creation of terrorist group or terrorist organization”, 260 “Creation of non-statutory paramilitary or armed formations”, 341 “Capture of state or civil structures” etc.
3
Sevruk, Volodymyr. "Theoretical fundamentals of interaction of law enforcement authorities in counteraction of crimes committed by organized groups or criminal organizations formed by an ethnic basis." ScienceRise: Juridical Science, no. 2(16) (June 30, 2021): 39–47. http://dx.doi.org/10.15587/2523-4153.2021.234675.
Повний текст джерелаАнотація:
The analysis of the researched scientific problems on counteraction to crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis, now necessitates further research of ethnic crime in Ukraine and the world in general. Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations, formed on an ethnic basis, is impossible without understanding the essence of this problem, relevant legal concepts and classification and identification of features of organized ethnic crime that are important for law enforcement and the state. The main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. Thus, for the effective interaction of law enforcement agencies in combating crimes, committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and realization of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. Theoretical principles of law enforcement interaction in combating crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis by generalizing, analyzing and systematizing the concept of interaction, its forms, methods and types, are analyzed. An author's definition of the concept of interaction among police during counteraction to crimes, committed by organized groups and criminal organizations, formed on ethnic basi, is given
4
Smirnov, Alexander. "On the Definition of the Concept of Crime in the Criminal Code of the Russian Federation." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 417–23. http://dx.doi.org/10.17150/2500-4255.2018.12(3).417-423.
Повний текст джерелаАнотація:
The author presents his views on the definition of the concept of «crime» in the Criminal Code of the Russian Federation because this concept is of primary importance to the whole structure of criminal law and the practice of crime counteraction. He provides a consistent analysis of the socio-legal nature and the feasibility of each constituent element included in the definition of crime: 1) action; 2) public danger; 3) guilt; 4) unlawfulness (criminal); 5) threat of punishability. When defining the concept of «crime», the author starts from the premise that, according to the methodology of formulating fundamental law concepts, their definitions should include only the most important, constant and universal characteristics (attributes) that are not disputable and that support the ontological essence of the concept and never, under any circumstances, refute it. The author concludes that the action and its prohibition in the criminal law are independent and constant elements of crime. Guilt and threat are not always such elements. The indication of guilt is included in the necessity of establishing the constituent elements of a crime to prosecute a person. Public danger, according to contemporary research, is an element of all offenses, besides, it is inherent to criminal unlawfulness. That is why the definition of the formal concept of «crime» should be presented as following: «A crime is an action prohibited in the present Code». This definition, according to the author, fully corresponds to the language of law, is laconic and substantial, excludes contradictory interpretations and fully agrees with the principle of inevitability of criminal punishment, which is of great importance for the effective implementation of criminal law measures of crime counteraction.
5
Durdynets, Myroslav Yu, Raisa V. Perelyhina, Olga A. Klymenko, Iryna M. Semeniuk, and Lidiia M. Kostetska. "Counteraction to Corruption Offences in Ukraine and the EU: Comparative Legal Aspect." Academic Journal of Interdisciplinary Studies 9, no. 5 (September 21, 2020): 227. http://dx.doi.org/10.36941/ajis-2020-0100.
Повний текст джерелаАнотація:
The article focuses on counteraction to corruption offences in Ukraine and the EU. To this end, the authors conducted a consistent analysis of international legal acts in the field of combating corruption, in particular the United Nations Convention against Corruption of 10/31/2003; Council of Europe Criminal Convention for the Suppression of Corruption (ETS 173) No. ETS173 of 01/27/1999; Resolutions (97)24 of the Committee of Ministers of the Council of Europe on the Twenty Guiding Principles for the Fight against Corruption, etc. The study provides a systemic analysis of individual cases of experience in counteraction to corruption offences in EU countries. Experience of Great Britain, France, Germany, Belgium, Sweden, etc. is explored. The authors proved that all EU countries provide criminal liability for committing corruption offences. In different countries, criminal laws differ in the different levels of detailing of crime, as well as in the different content of the concept of corruption offence. It is proven that corruption must always be considered as criminal offence only. Today, such unambiguity is advisable in the fight against corruption in Ukraine, where the criminalization of a number of blatantly corrupt practices, such as unjust enrichment, lasts for a long period and is ambiguously effective. The article also concludes that the most effective approach of legal support for combating corruption is one that covers criminal prosecution, disclosure of information about public authorities and private entities, their income levels, their wealth, etc., as well as the interaction of law enforcement agencies with the fiscal authorities. On the example of EU countries, we showed that monitoring of financial information of public officials under the private and public laws with the proper level of analytical support for its processing provides the necessary basis for law enforcement agencies to initiate criminal proceedings for such crimes. Special attention is also paid to expanding the scope of administrative services provided by public officials as being covered by the attributes of corruption and lacking legislative support. This will significantly increase the level of transparency of the activity of public authorities, while reducing the level of corruption manifestations. An important conclusion of the article is that the effectiveness of criminal prosecution for committing corruption offences depends on the level of legal culture and the level of legal awareness of both the public and public servants.
6
Mits, Denis S. "THE ANTI-TERRORIST FUNCTION OF THE RUSSIAN STATE: THE CONCEPT AND THE BASIC SIGNS." RUDN Journal of Law 23, no. 1 (December 15, 2019): 27–47. http://dx.doi.org/10.22363/2313-2337-2019-23-1-27-47.
Повний текст джерелаАнотація:
The article compares the important organizational and legal trends and prospects of antiterrorist activity, as well as the associated conceptual apparatus and the essence of terrorism. In the theory of criminal law, terrorism is defined as a threat to public security, in contrast to other areas of knowledge. This criminal phenomenon is implemented through the impact on a third party to the conflict (primarily ordinary citizens), that is, to encourage them to transform the foundations of statehood. In this regard, the system of management of information counteraction to terrorism, extremist activity and other forms of encroachment on the constitutional system, as well as other spheres of state functioning is gaining momentum.
7
Kantsir, V., N. Kozmuk, S. Soroka, S. Marko, O. Riashko, and I. Kantsir. "PROCEDURAL PARTICIPATION OF BANKS IN COVERT INVESTIGATIVE (SEARCH) ACTION «BANK ACCOUNTS MONITORING»." Financial and credit activity problems of theory and practice 4, no. 39 (September 10, 2021): 21–28. http://dx.doi.org/10.18371/fcaptp.v4i39.238594.
Повний текст джерелаАнотація:
Abstract. The concept of financial monitoring as a set of measures carried out by the entities of primary and state financial monitoring in the field of prevention and counteraction to separatist funding (article 110-2 of the Criminal Code of Ukraine), legalization (laundering) of criminally obtained property (article 209 of the Criminal Code of Ukraine), and terrorism funding (article 258-5 of the Criminal Code of Ukraine) is developed and proved. The relationship between the categories of «terrorism» and «finance» is determined in the following areas: money paid to terrorists for refusing to commit violence acts; covert funding of terrorist organizations by certain states, non-governmental organizations, and criminal groups; «money laundering» and its introduction into legal circulation; creation of own groups in commercial, credit and financial institutions by terrorist organizations; ‘launderingof money’ obtained as a result of criminal activity. The risks in the system of prevention of terrorism and counteraction to legalization of criminally obtained proceedsare outlined. They were defined as the following: non-transparent funding of political parties; the share of cash resources addressed to the mentioned criminal activity; «outflow» of capital; absence of a clearly defined sectoral risk assessment of the entities of primary financial monitoring in the field of prevention and counteraction to legalization (laundering) of criminally obtained proceeds. It is offered to include the risk of terrorism and separatism funding through deposit-taking corporations tobanking risks. An attempt has been made to accumulate the majority of the latest achievements (as legislative, theoretical and research aswell as applied ones) on the issues of legal regulation of the studied procedural, financial and legal relations, on the basis of which scientific views are proved and proposals for improving regulations in this area are worked out. Keywords: monitoring, banks, covert investigative actions, bank accounts monitoring, terrorism funding, banking risks, financial and legal relations. JEL Classification E42, E52, G28, K13, K14 Formulas: 0; fig.: 1; tabl.: 0; bibl.: 16.
8
Boskholov, Sergey, and Anna Ivanova. "Main Directions of Counteracting Intentional and Fraudulent Bankruptcy." Russian Journal of Criminology 16, no. 1 (March 11, 2022): 7–17. http://dx.doi.org/10.17150/2500-4255.2022.16(1).7-17.
Повний текст джерелаАнотація:
Crimes and crime-counteraction activities are among the key problems that any country faces in the modern world. Features typical only of crime — its mass character, irregularity and variability — make it necessary to constantly improve countermeasures that should be dynamic and proactive, should contain a considerable humanitarian potential, and contribute to the minimization of social consequences of crime. Russian legislators established a triad of key directions of counteracting criminality in general, its specific types, and individual crimes. Applying this concept of crime counteraction to intentional and fraudulent bankruptcy, the liability for which is provided for in Art. 196, 197 of the Criminal Code of the Russian Federation, the authors single out and examine the following directions: criminal law counteraction to intentional and fraudulent bankruptcy; prevention of intentional and fraudulent bankruptcy; minimization of negative consequences of intentional and fraudulent bankruptcy. Criminal law counteraction includes the detection, prevention, suppression, investigation and solving of criminal bankruptcy cases, as well as the prosecution of perpetrators. Talking about the criminal law counteraction to these crimes, the authors conclude that the effectiveness and productivity of the work of law enforcement bodies to suppress, investigate and solve crimes under Art. Art. 196, 197 of the Criminal Code of the Russian Federation directly depends on their close cooperation with various state control bodies, primarily, tax authorities, and on the quality of feedback. They present a list of specific measures of general, special and individual prevention of intentional and fraudulent bankruptcy, and offer a brief description of minimizing the negative consequences of these crimes. It is noted that the courts can use the following mechanisms to protect the violated rights of creditors: subsidiary liability of persons controlling the debtor, compensation of some part of damages by the controlling persons, all of which will contribute to the minimization of negative consequences of their unlawful actions.
9
Garmaev, Yury, and Kim Dmitry. "Criminological and Criminalistic Problems of Overcoming the Counteraction to Criminal Prosecution." Russian Journal of Criminology 14, no. 3 (June 30, 2020): 461–70. http://dx.doi.org/10.17150/2500-4255.2020.14(3).461-470.
Повний текст джерелаАнотація:
The authors analyze the history of the emergence and development of the corresponding criminological research and special criminalistic theory of overcoming the counteraction to criminal prosecution (preliminary investigation) to research its present condition, examine its potential for improving the effectiveness of fighting crime while strictly observing the rights and lawful interests of citizens. The authors use systemic, interdisciplinary and situational approaches, the methods of comparative jurisprudence and a number of sociology methods to update the current (to speak conventionally, accusatory) paradigm of the theory. The essence of this update (the new concept) is to ensure the adversarial nature of the judicial process, as well as in other types of court procedures, for the prosecution and the defense. The presented theory concept includes the idea that counteraction to prosecution could be not only unlawful and amoral, but also lawful and ethically admissible. The motives of persons involved in this counteraction could include their subjective confidence in their total or partial innocence, as well as the unlawful and (or) amoral, in that persons opinion, actions of some law enforcement employees. These clauses are developed through the authors own definition of counteraction and the classification of its acts. They have formulated six theses that form the basis of the updated paradigm of the theory. The authors conclude that the presented research approach, the concept reflected in the didactics of university law schools, could instill in students and practitioners a deep and stable personal motivation to study not only the corresponding academic disciplines, but the whole criminalistics and criminology as well as other theories and disciplines of the anti-criminal cycle. The suggested approach and the practical recommendations based on it could be used in the conceptually new syllabus (and subjects) already taught in the leading Russian universities, like «Counteracting Crime», «Criminalistic Support of Business Security», «Tactics of Protection against Unlawful Actions of Government Employees», «Tactics of Interaction between Business Structures and Controlling Bodies».
10
Trofimovs, Igors. "COUNTERACTION TO INVESTIGATION AND WAYS TO ITS OVERCOMING." Administrative and Criminal Justice 3, no. 88 (December 30, 2019): 29. http://dx.doi.org/10.17770/acj.v3i88.4307.
Повний текст джерелаАнотація:
The problem of counteraction to investigation has recently gained particular topicality. . This is due to the fact that the activities of organized criminality are gaining and larger range, an essential reason of which, in its turn, are the processes of the personnel corruptibility of the power structures and law enforcement institutions.The basis of the people’s lifestyle of the adherent to the criminal environment is to put obstacles in the way of law enforcement institutions in general; and during their lifetime, because of specific mentality, criminals always and willingly put into practice various forms and methods of counteractions. As investigative practice shows, counteraction to investigation may go on during the lifetime of the counteraction performer; it may begin also in the preparation phase of a crime, or may begin or continue during investigation, trial, and even during the time of serving sentence.The purpose of this study is to clarify the essence of the counteraction concept to investigation.As a result of the study and based on the theoretical knowledge, the most important conclusion has been drawn, namely: the counteraction to investigation is an action or inaction executed on premeditated purpose to hinder or even to stop the full, objective and comprehensive clarification of the offense circumstances by the investigating authorities and courts. In the course of the study, the problems were also identified, and the means and methods of overcoming the counteraction to investigation were offered.The prevention of counteraction to investigations, identification of its motives, forecasting of counteraction forms and methods of its implementation both – at the initial period of the investigation and during the implementation of investigation activities are a part of the necessary provisions for successful neutralization of counteraction, for unmasking of counteraction performers’ activities. It is also a compulsory provision for objective, detailed and complete clarifications of all circumstances of offence, providing in this way a fair punishment for guilty persons.The application of countermeasures requires an understanding of the methods and techniques used by law enforcement authorities in investigation of criminal networks. Insufficient prevention and overcoming of counteractions to investigations is one of the reasons of qualitative and quantitative aggravation of the performance parameters of law enforcement authorities.
11
Lihter, Pavel L. "Planned obsolescence: legal aspects of counteraction." Pravovedenie 62, no. 3 (2018): 518–30. http://dx.doi.org/10.21638/spbu25.2018.306.
Повний текст джерелаАнотація:
Modern society faces new challenges due to the development of technology, economy, level of consumption. The article deals with the legal aspects of counteraction to the strategy of unscrupulous manufacturers for deliberate programming of technical defects of the goods, leading to the need to replace it immediately at the end of the warranty period. This strategy has significant implications for public health, social and environmental security. The objectives of the work are studying the actual problems of planned obsolescence of products, the search for its essence, principles and features. The author identifies legislative and law enforcement practice formed by the European Union and different countries in this area. The analysis of law in other countries allows to state the tendency of shift of emphasis from private law methods of protection of consumer and social rights to public law methods, to wider use of a number of coercive instruments. Rethinking the balance of private, public and public interests led to the author’s proposal to develop a holistic concept of legal regulation of civil law relations. As a result of the article, the directions for improving various branches of law in order to counteract the planned obsolescence of goods are proposed.
12
Usmanov, il'giz, and Nadezda Silaeva. "Countering extremism in the context of social digitalization." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 1 (March 24, 2022): 168–75. http://dx.doi.org/10.35750/2071-8284-2022-1-168-175.
Повний текст джерелаАнотація:
The authors analyze legal, systematic, and organizational factors of extremist crimes, contributing to the onset of extremism in society, particularly on the Internet, offer the concept for their minimization, and propose a way to improve the counteraction to extremism. Materials and methods. In course of the research, the authors used general scientific methods of inquiry, as well as special scientific methods, such as interviewing, statistical method, comparison, procedures of generalization and interpretation of empirical data, etc. In preparing this study the authors used domestic works on criminology, criminal law, and criminal intelligence, records from the Centre for Counteraction to Extremism of the Interior Ministry of the Republic of Tatarstan, the National Anti-Terrorism Commission of the Republic of Tatarstan. The survey of the practitioners of the Centre for Counteraction to Extremism of the Interior Ministry of the Republic of Tatarstan played an important role in the findings. Results. Following the analysis of modern causes and conditions contributing to the spread of extremism, the authors conclude that the primary cause is the use of the Internet by the supporters of extremist ideology. Based on the results of the survey, the authors analyzed both the empirical data and identified problems. Discussions and conclusions. The analysis conducted by the authors allows to propose a number of theoretical and practical recommendations aimed at extremism prevention.
13
Sharov, Viktor. "Operational-investigative counteraction to crime: another concept or terminological features." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2021, no. 4 (December 21, 2021): 133–38. http://dx.doi.org/10.36511/2078-5356-2021-4-133-138.
Повний текст джерелаАнотація:
The article discusses a number of terms used to denote the activities of the state to combat crime. It is indicated that at present the term counteraction has begun to be widely used in legislation, which requires clarification of this concept. Arguments are given about the relevance of the term “counteraction”, its meaning and relationship with other terms, primarily with the concepts of “fighting crime” and “crime control”. The meanings of the words “counteraction”, “struggle” are considered, it is concluded that it would not be correct to identify the counteraction of crime with its prevention, exactly as with preventive activity.
Analyzing the concept of crime control, the author states that it is being put forward in the form of a new strategy in the ORD, although its development is not very intensive today. It is concluded that measures to counter crime, such as the detection and disclosure of crimes, should also be supplemented by a system of preventive measures, such as influencing organized criminal groups and communities in order to separate them, undermining the economic foundations of organized crime, depriving the organizers of organized crime groups and OPS of authority, etc.
14
Katerynchuk, Kateryna, Ihor Diorditsa, Inna Kovalenko, Sergij Kyrenko, and Nina Trotsiuk. "Protection of Human Health: Medical and Legal Aspects." Cuestiones Políticas 39, no. 70 (October 10, 2021): 385–406. http://dx.doi.org/10.46398/cuestpol.3970.24.
Повний текст джерелаАнотація:
The purpose of study is to develop scientifically based recommendations for introducing amendments and additions to existing legislation, as well as the development of new regulatory legal acts and measures, aimed at systematic counteraction to criminal offences against human health. In paper have been used a systematically structural method (to investigate the concept of harm to human health). Using the statistical method by degree of coverage of units a one-time statistical questionnaire (statistical observation of a certain part of the units of the statistical population based on the principles of voluntariness of responses and the possibility of incomplete return from respondents of filled statistical forms) was held. The results of the study the following points are proposed: to consider the protection of human life and body at the international level to be interconnected associated categories forming an organic unity, which require equivalent protection; to modify an existing criminal legislation in terms of criminal offences against health of a person; to offer a range of proposals to detail signs of bodily injury and take them into account during the developing of new Rules of forensic medical determining the severity of bodily harm.
15
Мусаелян, Марат, and Marat Musayelyan. "Improvement of Criminal Policy in the Field of Counteraction against Corruption in the Russian Federation." Journal of Russian Law 2, no. 5 (April 16, 2014): 56–65. http://dx.doi.org/10.12737/3462.
Повний текст джерелаАнотація:
The article deals with the analysis of some topical problems, connected with the improvement of criminal policy in the sphere of counteraction against corruption in the Russian Federation and working up the concept and the features of corrupt crime, improvement of criminal legislation and practice in the mentioned sphere.
16
Maksimov, Sergey, Yury Vasin, and Kanat Utarov. "Digital Criminology as a Tool for Combating Organized Crime." Russian Journal of Criminology 12, no. 4 (September 14, 2018): 476–84. http://dx.doi.org/10.17150/2500-4255.2018.12(4).476-484.
Повний текст джерелаАнотація:
The starting point for the article is the growing importance of digital technologies in resolving the tasks of criminal policy. The authors present a definition of digitizing criminal policy: the introduction of quantitative methods of analyzing criminal phenomena and reacting to them (including the methods of mathematical statistics and mathematical modeling) in the practice of building and implementing a system of crime counteraction measures. They note that the low efficiency of criminal lawmaking mainly results from ignoring the necessity for a quantitative analysis of crime conditions, trends and the practice of crime counteraction. The authors stress that at present the decisions of lawmakers regarding the criminalization of organized criminal activities are not, as a rule, guided by the data of criminal statistics. The analysis of amendments to the Criminal Code of the Russian Federation from 1997 toо 2017 shows that the growth in the number of articles of the Special Part of the Code that establish a greater responsibility for organized criminal activities (+77,5 %) was almost twice as high as the growth in the number of articles in its Special Part (+39,2 %). From the viewpoint of Russian legislators, the greatest degree of organized criminalization today is typical of crimes against the property (82 % of corresponding articles refer to the qualifying feature of being committed by an organized group), as well as crimes against sexual integrity and sexual freedom of a person (80 %). This position does not agree with the statistical data of the law enforcement work on identifying and investigating the activities of organized groups, or sentencing their participants. The authors also prove the necessity of developing a mathematical model for the new concept of criminal policy that should be based not on the momentary challenges or unexpected problems in law enforcement, but rather on the stable trends of changing criminal phenomena. They suggest devising a road map of criminal policy solutions that would ensure a gradual substitution of a repressive model of counteracting organized crime mainly based on the growth in the number of special criminal law prohibitions and law enforcement personnel by a prevention model of such counteraction. Today digital criminology has a real chance of becoming part of the practice of combating organized crime.
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Gribanova, Galina Isaakovna, and Elena Nikolaevna Karatueva. "The Specific Definition of Ecoterrorist Organizations in the USA and Russia." Academic Journal of Interdisciplinary Studies 11, no. 2 (March 5, 2022): 41. http://dx.doi.org/10.36941/ajis-2022-0034.
Повний текст джерелаАнотація:
Nowadays there are two main interpretations of the concept of "ecoterrorism". According to the first interpretation, environmental organizations are classified as ecoterrorist organizations that fight for animal rights and against pollution using violent methods of a criminal nature. In conformity with the second interpretation, the concept of ecoterrorism is interpreted more broadly and includes acts of deliberate damage to the environment to achieve certain political and other goals. After conducting a comparative political and legal analysis of ecoterrorist organizations in different countries (primarily, the United States and Russia) and their activities in national legislations, the authors of the article have concluded that the absence of a single and internationally recognized definition of ecoterrorism is associated with the ideological assessment of the phenomenon of "terrorism", on the one hand, and with the clash of not only different concepts but also various methodologies typical of the political and legal field of a given country, on the other hand. Due to various interpretations of environmental terrorism, a list of generally recognized international ecoterrorist organizations has not been compiled, which hinders any counteraction to ecoterrorism.
Received: 23 September 2021 / Accepted: 22 February 2022 / Published: 5 March 2022
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Bibik, Oleg N. "Terrorism as a manifestation of the ideological crime: culturological aspects of counteraction." Law Enforcement Review 2, no. 1 (April 12, 2018): 114–22. http://dx.doi.org/10.24147/2542-1514.2018.2(1).114-122.
Повний текст джерелаАнотація:
The subject. The issues of combating terrorism through the prism of culture are examined in the article.The purpose of the article is to show the anti-terroristic measures through the scope of culture.The description of methodology. The author uses methods of complex analysis, synthesis, as well as formal-legal, comparative-legal methods in cultural aspect.The main results and scope of their application. Acts of terrorism are frequent and occur almost worldwide.Counter-terrorism through criminal penalties is ineffective, because: 1) there are a lot of people among the terrorists who are law-abiding, criminal behavior is not typical for them; 2) in case of terrorist acts by suicide bombers they could not be objectively deter by the threat of punishment; 3) criminal punishment, including capital punishment, can give him the halo of a martyr.Acts of terrorism cause a serious public outcry. Attempts to strengthen the criminal repression are being made often as a consequence of the impact of terrorist attacks. However, such a reaction to the terrorist attacks appears due to a desire to symbolically restore the social justice. The application of criminal repression is deeply symbolic, because it is always culturally determined. The execution of a terrorist should also be considered as an element of symbolic exchange (punishment instead of a crime).Terrorism is motivated ideologically, that’s why it may be regarded as a kind of ideological crime. Its foundation is a system of views, concepts that allow the offender consider crime as right, morally justified, committing for a higher purpose.Conclusions. It is proposed to consider the fight against terrorism as primarily a struggle with the idea that caused it to life, through the anti-terrorist propaganda, the formation of a negative image of the terrorist in popular culture, minimization of highlighting terrorist attacks and those, who committed them, in the press. The basis of counter-terrorism due to the conflict of cultures is the idea of a dialogue between them. Developing a strategy to counter terrorism we should take into account the risks that inevitably arise in connection with the limitation of rights and freedoms of people. Counter-terrorism is not a convenient reason for explaining the growing influence of law enforcement on social processes, especially for undermining the democratic foundations of the state.
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Husieva, V. O. "Forensic Support for Investigating Criminal Offenses Committed against Law Enforcement Officers: Concept and Components." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 243–53. http://dx.doi.org/10.32631/v.2021.3.22.
Повний текст джерелаАнотація:
The subject matter of the research is the features of forensic support for investigating criminal offenses committed against law enforcement officers. The purpose of the article was to define the concept, content, structure of forensic support for investigating criminal offenses committed against law enforcement officers, as well as to reveal its components.
Special research methods have been used in order to achieve the set purpose, namely: the method of system analysis, comparative and legal method, system and structure method and the method of forecasting.
It has been emphasized that the need of studying forensic support for investigating criminal offenses committed against law enforcement officers is due to the need to provide them with effective counteraction.
According to the results of the conducted research, it has been established that the forensic support for investigating criminal offenses should be defined in two aspects – as a scientific category and as an applied one. Definitions of this concept in the specified aspects have been defined. It has been established that the constituent elements of forensic support for the investigation are defined by scholars ambiguously. In general this issue is one of the most controversial in criminalistics.
It has been determined that the constituent elements of forensic support for investigating criminal offenses committed against law enforcement officers are: regulatory, organizational and personnel, educational and methodological, technical and forensic, information and reference support. The author has provided a brief characteristic to each of the component identified in the article and has determined the main problems that arise during its implementation while investigating criminal offenses of the studied category, and possible ways to solve them.
It has been emphasized that this research only attempts to define the concept and components of forensic support for investigating criminal offenses committed against law enforcement officers, and emphasizes that certain categories require further in-depth research.
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Sukhodolov, Alexander, and Anna Bychkova. "Artificial Intelligence in Crime Counteraction, Prediction, Prevention and Evolution." Всероссийский криминологический журнал 12, no. 6 (December 24, 2018): 753–66. http://dx.doi.org/10.17150/2500-4255.2018.12(6).753-766.
Повний текст джерелаАнотація:
Crime prediction, prevention and counteraction with the use of modern technologies should, according to the authors, become a priority task for the state, along with the development of economy, education, medicine and the enhancement of defense capacity. The article describes the concepts of «artificial intelligence», «machine learning», «big data», «deep learning», «neural networks» from the standpoint of how they are used both by criminals and by law enforcement bodies and courts. The authors examine the application of technologies which use artificial intelligence, hi tech crime (fishing, drones, fake information, bots, and so on). They outline modern software solutions based on artificial intelligence and aimed at counteracting crime: software that analyzes big volumes of data, processing of stream videos, facial recognition, contextual searching platforms, etc. The authors also describe the existing resources for predictive analytics (in particular, inter-agency experimental software «Artificial Intelligence in Police Work and Investigation of Criminal Offences»; software for recognizing people based on fragments of their tattoos; facial recognition of people after plastic surgeries in pictures and stream videos, with the generation of variants of their original appearance; platform of contextual intelligence Nigel; system Mayhem and others) and how they can be used to predict both crimes in general and individual criminal behavior. The authors also outline ethical dilemmas connected with legal decisions made by artificial intelligence regarding specific people. They present examples of using artificial intelligence for crime prevention (software COMPAS, criminal community’s psychometric prediction system, Harm Assessment Risk Tool, analytical software complex CEG, crime prediction system PredPol, ePOOLICE system, Palantir software, Russian system «Artificial intelligence»). They also outline the indicators of the early crime prevention system: indicators of matching, lagging, cyclical and counter-cyclical indicators. The authors state that Russia is lagging behind other countries in its use of artificial intelligence in law enforcement and suggest adopting the Modern Strategy of Crime Counteraction, Prediction and Prevention. Possible directions of this strategy are described.
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Diorditsa, Ihor, Kateryna Katerynchuk, Sergiy Kyrenko, Iryna Vasylkivska, and Olha Bespal. "issues of interpretation of “health”, “pain” and “suffering” concepts in modern multidisciplinary science." Linguistics and Culture Review 5, S4 (October 23, 2021): 327–43. http://dx.doi.org/10.21744/lingcure.v5ns4.1579.
Повний текст джерелаАнотація:
The research given is of great scientific value since the main task of any state is to protect natural human values, namely: life, health, will, honour, dignity, and other natural rights. Therefore, their defence and protection are carried out at the state level, especially by developing effective means aimed at systematic counteraction to criminal offences against the health of an individual. The doctrinal approaches on the limits of criminal law protection of person’s health, existing today, require a detailed analysis and generalization, as well as legal drawbacks in the construction of criminal law norms on liability for various types of encroachments on health and problems arising as a result of it at criminal law assessment of relevant socially dangerous acts. However, the discussion on terminology which is not only the achievement of criminal law subjects but also medicine, forensic medicine, psychology, etc., is still taking place between the researchers in various humanitarian sciences at national and international levels. First of all, these terms and categories are the determinants, and main studies in these areas are based on them.
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Chaus, Andriy. "Activities of the national police as a subject of ensuring prevention of offenses in the field of illegal trafficking of drug substances, their analogues and precursors." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 119–24. http://dx.doi.org/10.31733/2078-3566-2020-5-119-124.
Повний текст джерелаАнотація:
The concept of administrative and legal counteraction to offenses in the field of illicit trafficking in narcotic drugs, psychotropic substances and precursors and the application by the National Police of Ukraine of various measures in the field of trafficking in narcotic drugs, psychotropic substances and precursors are considered. The analysis of preventive measures and their features is carried out. The issue of the system of subjects of counteraction to illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors is covered. The study deals with highlighting the problematic issues of crime prevention in the field of drug trafficking and combating violations in the field of anti-drug legislation. The issues of determining the mechanism of bringing to administrative responsibility for offenses in the field of illicit trafficking in narcotic drugs and psychotropic substances, methods of counteracting violations in the field of anti-narcotics legislation, features of interaction of the system of subjects of counteraction to illicit trafficking in narcotic drugs and psychotropic substances, circulation control.
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Avdeev, V. A., and O. A. Avdeeva. "INTERNATIONAL LEGAL, DOCTRINAL AND ORGANIZATIONAL-PRACTICALAPPROACHES TO COUNTERING MERCY-Violent Crimein the Russian Federation." Russian Family Doctor, no. 1 (December 15, 2020): 7–16. http://dx.doi.org/10.17816/rfd10673.
Повний текст джерелаАнотація:
The subject of the study is mercenary-violent crime, taking into account its condition, structure and dynamics. Particular attention is paid to the implementation of the Russian criminal law policy in the field of combating crime of mercenary-violent orientation, taking into account the requirements of international law. The purpose of the study is a modern analysis of the understanding of mercenary-violent crime, the content and types of crimes of this orientation. Attention is focused on the criminological analysis of mercenary-violent crime, prevention and prevention in the context of improving measures of criminal law, criminological and organizational and practical counteraction. The methodological basis for the study of measures to combat mercenary-violent crime is formed by a set of general scientific and private scientific methods that have led to an integrated approach to the study of legal policy to counteract mercenary-violent crime, taking into account the ongoing socio-economic and political-legal transformations. The main results of the study reveal the process of counteracting mercenary-violent crime in the context of globalization, measures to increase the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering crimes of mercenary-violent orientation. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed self-seeking and violent assaults. The novelty of the research topic is the formulation of the problem associated with the disclosure of the causes and conditions of mercenary-violent crime as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crimes of mercenary-violent orientation, determined by socio-economic and political transformations. In order to achieve the stated goal of the study, special legal methods of cognition were used that facilitate the analysis of the legal regulation of legal responsibility for mercenary-violent crimes. The result of the study is the disclosure of the legal nature of mercenary-violent crime, its essential properties and signs as a social negative phenomenon; identification of features of measures to counter self-serving and violent orientation; establishing trends in legal regulation of crimes of mercenary-violent orientation; determination of the specifics of the mechanism of legal regulation of legal liability for mercenary-violent crimes. An opinion was expressed that there was no categorical legal assessment of the concept of mercenary-violent crimes in domestic legislation, which predetermined the recognition of criminal legal measures as a strategic resource for combating mercenary-violent crime. The conclusions are formulated on the factors inspiring the legislative regulation of the corpus delicti of violent orientation, and the specifics of the implementation of punishment and other measures of a criminal law nature.
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Avdeev, V. A., and O. A. Avdeeva. "INTERNATIONAL LEGAL, DOCTRINAL AND ORGANIZATIONAL-PRACTICALAPPROACHES TO COUNTERING MERCY-Violent Crimein the Russian Federation." Russian Family Doctor, no. 1 (December 15, 2020): 7–16. http://dx.doi.org/10.17816/rfd10705.
Повний текст джерелаАнотація:
The subject of the study is mercenary-violent crime, taking into account its condition, structure and dynamics. Particular attention is paid to the implementation of the Russian criminal law policy in the field of combating crime of mercenary-violent orientation, taking into account the requirements of international law. The purpose of the study is a modern analysis of the understanding of mercenary-violent crime, the content and types of crimes of this orientation. Attention is focused on the criminological analysis of mercenary-violent crime, prevention and prevention in the context of improving measures of criminal law, criminological and organizational and practical counteraction. The methodological basis for the study of measures to combat mercenary-violent crime is formed by a set of general scientific and private scientific methods that have led to an integrated approach to the study of legal policy to counteract mercenary-violent crime, taking into account the ongoing socio-economic and political-legal transformations. The main results of the study reveal the process of counteracting mercenary-violent crime in the context of globalization, measures to increase the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering crimes of mercenary-violent orientation. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed self-seeking and violent assaults. The novelty of the research topic is the formulation of the problem associated with the disclosure of the causes and conditions of mercenary-violent crime as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crimes of mercenary-violent orientation, determined by socio-economic and political transformations. In order to achieve the stated goal of the study, special legal methods of cognition were used that facilitate the analysis of the legal regulation of legal responsibility for mercenary-violent crimes. The result of the study is the disclosure of the legal nature of mercenary-violent crime, its essential properties and signs as a social negative phenomenon; identification of features of measures to counter self-serving and violent orientation; establishing trends in legal regulation of crimes of mercenary-violent orientation; determination of the specifics of the mechanism of legal regulation of legal liability for mercenary-violent crimes. An opinion was expressed that there was no categorical legal assessment of the concept of mercenary-violent crimes in domestic legislation, which predetermined the recognition of criminal legal measures as a strategic resource for combating mercenary-violent crime. The conclusions are formulated on the factors inspiring the legislative regulation of the corpus delicti of violent orientation, and the specifics of the implementation of punishment and other measures of a criminal law nature.
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Avdeev, V. A., and O. A. Avdeeva. "INTERNATIONAL LEGAL, DOCTRINAL AND ORGANIZATIONAL-PRACTICALAPPROACHES TO COUNTERING MERCY-Violent Crimein the Russian Federation." Yugra State University Bulletin, no. 1 (December 15, 2020): 7–16. http://dx.doi.org/10.17816/byusu20200107-16.
Повний текст джерелаАнотація:
The subject of the study is mercenary-violent crime, taking into account its condition, structure and dynamics. Particular attention is paid to the implementation of the Russian criminal law policy in the field of combating crime of mercenary-violent orientation, taking into account the requirements of international law. The purpose of the study is a modern analysis of the understanding of mercenary-violent crime, the content and types of crimes of this orientation. Attention is focused on the criminological analysis of mercenary-violent crime, prevention and prevention in the context of improving measures of criminal law, criminological and organizational and practical counteraction. The methodological basis for the study of measures to combat mercenary-violent crime is formed by a set of general scientific and private scientific methods that have led to an integrated approach to the study of legal policy to counteract mercenary-violent crime, taking into account the ongoing socio-economic and political-legal transformations. The main results of the study reveal the process of counteracting mercenary-violent crime in the context of globalization, measures to increase the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering crimes of mercenary-violent orientation. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed self-seeking and violent assaults. The novelty of the research topic is the formulation of the problem associated with the disclosure of the causes and conditions of mercenary-violent crime as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crimes of mercenary-violent orientation, determined by socio-economic and political transformations. In order to achieve the stated goal of the study, special legal methods of cognition were used that facilitate the analysis of the legal regulation of legal responsibility for mercenary-violent crimes. The result of the study is the disclosure of the legal nature of mercenary-violent crime, its essential properties and signs as a social negative phenomenon; identification of features of measures to counter self-serving and violent orientation; establishing trends in legal regulation of crimes of mercenary-violent orientation; determination of the specifics of the mechanism of legal regulation of legal liability for mercenary-violent crimes. An opinion was expressed that there was no categorical legal assessment of the concept of mercenary-violent crimes in domestic legislation, which predetermined the recognition of criminal legal measures as a strategic resource for combating mercenary-violent crime. The conclusions are formulated on the factors inspiring the legislative regulation of the corpus delicti of violent orientation, and the specifics of the implementation of punishment and other measures of a criminal law nature.
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Sukhodolov, Alexander, та Aleksandr Moskovtsev. "Сriminological Discourse: «Classics», Modernity, Prospects". Russian Journal of Criminology 13, № 2 (26 квітня 2019): 181–96. http://dx.doi.org/10.17150/2500-4255.2019.13(2).181-196.
Повний текст джерелаАнотація:
The authors use the widespread definition of discourse understood as the aggregate of statements regarding the objects of discourse. Obviously, the key object of discourse in criminology is criminality in all its manifestations and essential characteristics. In the process of discourse, the research topic of crime counteraction is developed, the criminal policy measures are worked out, the organizational forms and methodological support of law enforcement are improved, and various practices of crime counteraction are formed. A.E. Zhalinskiy, one of the pioneers in this sphere, believes that the independent significance of discourse in criminology lies in the fact that it mainly pays attention to the «process of working out judgments about crime». Thus, the main outcome of discourse is to reach some unity of positions on key analyzed problems. If we agree with this approach, such unity in criminology has already been achieved regarding the general concept of crime, which is connected with the Criminal Code and is not an object of discussion. The concept presented in the Code is prior to all discourses included in the criminal discourse. Such condition of scientific knowledge is characterized by the authors as «classical» by analogy with classical political economy. In our opinion, this «bias» for classics in contemporary criminology is the main reason for its lackluster methodological and theoretical works, as well as recommendations that are unproductive for the practice of crime counteraction. Developing their position, the authors use the concept of historic discourse worked out by M. Foucault. The discourse studied in the historical context is the process that forms the very objects of discourse. In the light of history, all objects, structures, general concepts become problematic and need re-defining. The authors believe that historical discourse turns science into an amorphous state characterized by the lack of a generalizing object. In this situation the participants of criminological discourse are not only representatives of the criminological mainstream, but also its outsiders who take an equal part in formulating the relevant discourse agenda. The authors of this article believe that the most important sources of discourse development are history, economic theory, sociology, political science, non-criminal law disciplines, various practices of crime counteraction. They expand the traditional borders of criminology regarding the development of interdisciplinary knowledge on crime, while the criminological classics act as an integrator of this knowledge.
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Osadko, Alice. "Some legal issues of counteraction to the functioning of conversion centers." Legal Ukraine, no. 11 (November 29, 2019): 31–35. http://dx.doi.org/10.37749/2308-9636-2019-11(203)-4.
Повний текст джерелаАнотація:
This article describes conversion centers, examines the specific issues of counteracting their operations as one of the most effective mechanisms for shading money out of the real economy, and identifies some of the weaknesses that exist in eliminating these centers, and suggests ways to address them. Due to the political and legislative changes that are taking place in our country, the authorities' desire to stabilize the country's anti-corruption economy, and unlawful mechanisms in this field are undergoing significant changes. Yes, criminal organizations have recently been set up in Ukraine, existing as large conversion centers designed to cover up economic crimes by illegally converting cash into cash or vice versa. The Conversion Center article is a carefully structured and well-structured stable crime group that exists with a commercial bank or in close collaboration. The purpose of the article is to investigate the activities of conversion centers and to counteract their functioning in the context of the fight against corruption and economic crime. An analysis of current law and practice shows that the functions of counteracting crime in the financial sector, namely the operation of conversion centers, are unjustifiably divided into departments and often duplicated. In particular, such powers are vested in the units of the National Police), the Security Service of Ukraine, the Tax Police (DFS). According to the National Institute for Strategic Studies under the President of Ukraine, in Europe there are two options for the full integration of law enforcement in the fight against economic crime: within the Ministry of the Interior and the Ministry of Finance. All this requires the formation of the concept of strategic construction and determining the location of the tax police or financial investigation service (DFS or FIU) in the fight against economic (tax) crime. This concept should define the basic directions and principles of improvement of managerial, organizational and personnel work, legal, personnel, resource and other law enforcement activity in the specified field on the basis of analysis and assessment of tax security of the person, society and the state. Key words: fictitious enterprise, conversion centers, financial transactions, legalization of income, liability, decriminalization, fraud.
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Vasyliev, V. M. "The concept and types of subjects of countering offenses in the entrepreneurial sphere." Bulletin of Kharkiv National University of Internal Affairs 81, no. 2 (December 13, 2018): 38–45. http://dx.doi.org/10.32631/v.2018.2.03.
Повний текст джерелаАнотація:
Theoretical approaches to the definition of the notion of the subject of counteraction to offenses are described. For this purpose, the notion of the subject of management, the subject of policing was established. The notion of a subject of an offense in the sphere of entrepreneurship is defined: a system of state and non-state bodies, public organizations, social groups and citizens whose activities are focused on eliminating the causes and conditions that give rise to and provoke offenses in the sphere of economic commercial activity (entrepreneurship), preventing these offenses from different stages of incorrect behavior of participants of relations in the field of entrepreneurship, as well as bringing them to the legal first responsibility.
In addition, the above subjects were systematized in this study and their circle was determined. The main ones were highlighted: President of Ukraine, Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine; local governments; Ministry of Finance of Ukraine; Ministry of Economic Development and Trade of Ukraine; State Fiscal Service and its structural units (except for customs control at the border); State Inspectorate of Ukraine; National Bank of Ukraine; revenue authorities and fees of Ukraine. A special group of subjects has been identified, those who have administrative and jurisdictional powers.
It has been concluded that most of the subjects of counteracting crimes in the field of entrepreneurial activity in Ukraine are state organizations, and the process of counteraction is directly implemented by carrying out the financial and economic control over the activity of participants of legal relations in the field of entrepreneurship by the overwhelming majority of the mentioned agencies. The implementation of such functions, for the majority of subjects of counteracting crimes in the field of entrepreneurship, is not the main, but the secondary task, along with the main powers that are not directly related to the considered problem.
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Lutsenko, Y. "DOCTRINAL PROVISIONS OF THE CRIMINAL LEGAL POLICY OF THE STATE IN THE SPHERE PROTECTION OF MILITARY SECURITY OF UKRAINE." Actual Problems of International Relations, no. 138 (2019): 84–96. http://dx.doi.org/10.17721/apmv.2018.138.0.84-96.
Повний текст джерелаАнотація:
The article provides a scientific analysis of theoretical and practical problems that exist when implementing the criminal-legal policy of the state in the field of the protection of military security of Ukraine. Taking into account the existing challenges and threats facing the Ukrainian, sovereign, democratic state, and before the whole civilizedworld today, the place, tasks and goals of the criminal-legal policy of the state are determined, its role in the sphere of military security of Ukraine is comprehended. The work focuses on the concept and essence of criminal-law policy, clarifies its place and role in the state in counteracting the socially dangerous acts of the present. Attention is drawn to the fact that the state policy in the sphere of counteracting crime, which is being conducted now in Ukraine, should be developed taking into account new scientific developments, theoretical and practical recommendations of scientists, first of all, lawyers. The absence of a holistic, modern concept of the criminal-law policy of the state, as well as the development of the national legislation on criminal liability, leads to inconsistencies and inconsistencies with certain norms of the criminal legislation of Ukraine and other subordinate normative legal acts, including the Basic Law - the Constitution of Ukraine, which, in its turn, entails significant problems in the activity of law enforcement agencies of Ukraine.
30
Rovneyko, V. V. "PROBLEMS OF CRIMINAL - LEGAL ASSESSMENT OF REHABILITATION NAZISM AS AN INTERNATIONAL CRIME." Bulletin of Udmurt University. Series Economics and Law 31, no. 5 (October 12, 2021): 882–90. http://dx.doi.org/10.35634/2412-9593-2021-31-5-882-890.
Повний текст джерелаАнотація:
The article deals with the problems of international law and criminal law related to the establishment of criminal liability for attempts to "rehabilitate Nazism" and the definition of signs of the corpus delicti for in Article 354 of the Criminal Code of the Russian Federation. In the article there are analyze correspondence of the signs of the corpus delicti by the nature and degree of crime public danger, and also concludes about necessary to conclude an international cooperation agreement for countering Nazism, adopt a national law defining the basic concepts and directions for such counteraction, as well as change the content of Article 354 of the Criminal Code of the Russian Federation in order to bring the nature and degree of public danger into line with those that a crime against the peace and security of mankind should possess, and that the scope of application of this article in attempts to rehabilitate Nazism was not limited only to the content of the verdict of the Nuremberg Tribunal, which, for all its indisputable significance, is not the only one international and court act condemning the crimes of the Nazis and their accessories.
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Verenich, Igor Vasilievich. "Criminalistic Studies about Overcoming the Counteraction to the Crimes of Investigation." Юридические исследования, no. 11 (November 2019): 40–45. http://dx.doi.org/10.25136/2409-7136.2019.11.31368.
Повний текст джерелаАнотація:
The subject of the research is the mechanism of overcoming the counteraction to the crimes of investigation and mechanism of marking formation, patterns of overcoming the counteraction to the crimes of investigation, their technological and criminalistic support, tactical and criminalistic support, methodological and criminalistic support of activities performed by law enforcement agencies and court. This is the first research to create a criminalistic teaching about overcoming the counteraction to the crimes of investigation and to develop an integral concept of such study as a combination of interrelated ideas and concepts. The methodology of the research includes general research methods (observation, description, comparison, experiment and modelling as sense-based research methods, analysis, synthesis, induction, deduction, analogy, hypothesis and abstraction as logical research methods, measurement, calculation and geometrical construction as mathematical methods). The author has also used special criminalistics methods (criminalistic identification, dactyloscopy, odorology, planning of investigative activities and organisation of investigation) as well as special methods from other branches of science such as physical, chemical and physical-chemical methods, anthropological and anthropometric methods, sociological methods and psychological methods. The scientific novelty of the research is caused by the fact that the author offers a new branch of criminalistics, criminalistic teaching about overcoming the counteraction to the crimes of investigation and development of the integral concept thereof based on rules and patterns of criminal procedure.
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Shendryk, Vladyslav, and Anzhela Stashchak. "Scientific interpretation of the concept “principles of operational-search activities of criminal police units”." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 163–68. http://dx.doi.org/10.31733/2078-3566-2020-1-163-168.
Повний текст джерелаАнотація:
The article deals with theoretical problems of determining the content of the definition of "principles of operational and search activity of criminal police units". The conducted analysis revealed, first, the existing diversity of approaches and opinions, formulated as a result of discussing the most painful and acute aspects, which accordingly requires a comprehensive approach to the consideration and definition of the content of the concept of "operational and search activities". Secondly, it is determined that in recent years there has been an ongoing debate among legal professionals on the subject of limitation of the constitutional rights and freedoms of a person in the course of operational search activities. This, on the one hand, is caused by a large number of violations in the said field by practitioners, and, on the other, by a lack of understanding of the basic provisions in terms of conducting operational-search measures in the form of uncertainty about the use of PRD princes in the process of combating crime. In order to achieve this goal, the author examines the semantics of the concept under study, the existing opinions of domestic and foreign scientists, presents fundamentally different views and critically analyzes them. As a result of the conducted research, it is stated that the definition of "principles of operational and search activity of criminal police units" should be understood to be guided by the current legislation guiding and fundamental ideas that are not violated and generally define the paradigm, fundamental course, boundaries and boundaries investigative measures, the use of operative-search forces and means in the day-to-day activities of criminal police units aimed at investigative counteraction to crime.
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Stepanenko, Diana, and Mikhail Mushinskiy. "The Effectiveness of Counteracting Extremism." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 803–15. http://dx.doi.org/10.17150/2500-4255.2019.13(5).803-815.
Повний текст джерелаАнотація:
The article discusses the counteraction to one of the negative phenomena in modern Russian political and social landscape — terrorism. In spite of the measures that are currently taken against the cases of extremism, this issue remains urgent. Two interconnected factors reduce the effectiveness of counteracting extremism: 1) flaws in the system of sources of law, namely, insufficient strategic planning, systemic gaps in the anti-extremism legislation, weak links between its elements and the normative legal acts of relevant branches of law; 2) virtual absence of a legal definition for the basic concept of «extremism». The authors examine these factors and give recommendations on improving the effectiveness of counteracting extremism. According to them, it is necessary to develop a national security doctrine for the Russian Federation, whose integral part should be the theoretical basis of counteracting different types of extremism as one of the threats to national security. Next step would be to use this doctrinal base to develop the concept of ensuring national security, which will have an anti-extremism section. Only then should specific strategies be developed, and the legislation should be adjusted in accordance with them. The authors note that it is necessary to formulate the legal definition of the concept of «extremism», which would include its essential features and encompass all major manifestations, and stress that clearly described features of the phenomenon, which are united within one definition, should form the basis that the judges use to identify some actions, organizations or materials are extremist. In this connection, the right solution is not the rejection of the legal category of «extremism», but its more precise definition, provision of terminological clarity and accuracy, its consistent separation from adjacent legal categories, primarily, from the concept of «terrorism». The authors present a working definition of the concept of «extremism».
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Semenova, D. M. "Institute of multiple crimes: problems of codification." Juridical Journal of Samara University 7, no. 4 (April 11, 2022): 97–101. http://dx.doi.org/10.18287/2542-047x-2021-7-4-97-101.
Повний текст джерелаАнотація:
The article is devoted to the study of the institute of plurality of crimes from the perspective of codification of criminal legislation. In the light of the 25th anniversary of the Criminal Code of Russian Federation, the author of the article analyzes the changes in the institution of plurality of crimes, identifies the shortcomings of its consolidation in the codified criminal law associated with incomplete structural isolation and gaps. It is noted that the multiplicity of crimes is a socio-legal phenomenon, accordingly, the concepts and norms of the criminal law institute of the multiplicity of crimes should not be interpreted only formally and legally. The author of the article concludes that the ideas of the relationship between crimes committed by one person and the increased public danger of most variants of multiple crimes, as well as the identity of the recidivist, have conceptual significance for the inclusion of the institution of multiple crimes in the codification process and in general for the codification of criminal legislation. These ideas are a necessary condition for the development of a conceptually clear criminal policy that reflects the specifics of criminal liability relations and provides a resultant counteraction to crime.
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Cherniadyeva, N. A. "Trends of development of international legal fight against terrorism." Moscow Journal of International Law, no. 4 (March 23, 2020): 61–78. http://dx.doi.org/10.24833/0869-0049-2019-4-61-78.
Повний текст джерелаАнотація:
INTRODUCTION.The relevance of a research of international legal fight against terrorism does not raise doubts as terrorism reasonably belongs to the most dangerous threats to peace and safety of mankind. The solution of a modern problem of terrorism demands not only national, but also international mechanisms. According to the author, it is early to speak about successful opposition to this evil. Therefore, the research of the current state and trends of development of that part of international law that is devoted to counteraction to terrorism is extremely important.MATERIALS AND METHODS. The versatile international legal base connected with various aspects of fight against terrorism was created for more than centenary period. Universal and regional anti-terrorist conventions, legal documents of the international organizations, decisions of the International Courts of Justice and tribunals were investigated to reveal trends of international legal fight against terrorism. The research is based on use of methods of inductive generalization, the comparative and legal analysis (mainly in its functional option) and the legalistic analysis.RESEARCH RESULTS. The most significant trends of development of international legal fight against terrorism are shown in work. It is: coordination as opinio juris of the legal indications of terrorism, legal mechanisms of counteraction to it; the institutional development of international legal fight against terrorism expressed as formation of the definitive device and the organizational mechanism; isolation of legal instructions of basic character for international legal fight against terrorism; the growing role of the International Courts of Justice and tribunals in administration of justice against terrorism; formation two substantially various terrorist crimes: in a situation of wartime and in a "civil" situation.DISCUSSION AND CONCLUSIONS. By results of a research the author formulates a number of the offers capable to have a positive impact on the future of international legal fight against terrorism. In particular, the author shows that in order to form an effective international legal mechanism for combating terrorism, it is required at the UN level to agree on the concept of terrorism, to form a generally acceptable list of criminal terrorist acts prohibited by international law, to systematize international legal sources related to the fight against terrorism.
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Gracheva, Yu V., and A. A. Aryamov. "Robotization and Artificial Intelligence: Criminal Law Risks in the Field of Public Security." Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 169–78. http://dx.doi.org/10.17803/1994-1471.2020.115.6.169-178.
Повний текст джерелаАнотація:
Large-scale robotization is becoming one of the challenges of modern society. Jurisprudence in general and criminal law in particular cannot remain aloof from the challenges associated with the introduction of artificial intelligence in all spheres of public life. The process of forming the legal space has begun, but there is no comprehensive approach to solving the problem, since scientists consider robots within the framework of only those social relations that are part of the subject of the relevant branch of law. In this regard, there is a lag in the development, for example, of criminal law norms, since the process of determining the civil law status of a robot is not completed, and the construction of the concept of criminal law risks in robotics and artificial intelligence depends on it. The paper attempts to describe the criminal legal risks of using robotics and artificial intelligence for public security, to assess the available criminal legal means of counteracting the onset of socially dangerous consequences in the absence of adequate measures, to propose directions for improving the Criminal Code of the Russian Federation.
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Dakhno, O. "Administrative and legal regulation of counteraction to information and psychological operations at the strategic level." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 260–65. http://dx.doi.org/10.24144/2307-3322.2021.69.44.
Повний текст джерелаАнотація:
The article is devoted to the study of administrative and legal regulation in the field of counteraction to information and psychological operations at the strategic level. The concept and essence of information-psychological operations are defined. The author analyzes the negative consequences and dangers of information and psychological operations; the mechanism of influence of information and psychological operations on the population, servicemen and other objects of influence is clarified.
The strategic level of counteraction to information and psychological operations is characterized. It is substantiated that the peculiarity of the strategic level of counteraction to information and psychological operations is that the tools of public administration used at this level are aimed at achieving the strategic goal of creating a stable state of information security and information sovereignty of the state.
The analysis of legislative acts in the field of administrative and legal regulation of counteraction to information and psychological operations at the strategic level is carried out. The content and tools of counteraction to information-psychological operations at the strategic level are determined and characterized.
Based on the analysis of administrative legislation in the field of regulation of counteraction to information and psychological operations at the strategic level, it is determined that the main tools of such counteraction are development, adoption and updating of strategic acts defining long-term planning. and long-term effective information policy in the field of defense, establishing public communications in the defense sector, improving the training of relevant specialists, as well as modernization and implementation of digital technologies in government agencies. The author substantiates the need to determine the place of the Information Security Strategy and other acts of strategic nature in the field of information security in the hierarchy of planning acts in the spheres of national security and defense of Ukraine.
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Bechko, P. K., N. V. Bondаrenko, N. V. Lysa, and T. V. Shumylo. "Counteraction to misfeasance in taxation as a defense mechanism in the issue of tax fairness." Collected Works of Uman National University of Horticulture 2, no. 99 (December 22, 2021): 172–81. http://dx.doi.org/10.31395/2415-8240-2021-99-2-172-181.
Повний текст джерелаАнотація:
The issue of counteraction to misfeasance in taxation as a defense mechanism of tax fairness is researched in the paper. The main objective of the state tax policy is determined that consists of the creation of a mechanism capable of counteracting misfeasance in taxation. It has been established that the state authorities should define clear, available and proper mechanisms that prevent misfeasance of taxation which violate the principles of taxation fairness. It is stated that the main security feature of fair taxation is monitoring and auditing activities, which considered as efficient measures. It was determined that completely new; previously unknown concepts and institutions related to counteracting misfeasance in taxation were introduced into the national tax legislation. The system for on-site inspections was also revised and the concept of the planned monitoring system was developed, which defines the criteria for tax risks, according to which audits are carried out and taxpayers are selected the field tax audits are planned for. These measures are aimed not only at increasing the effectiveness of monitoring work, but also at protection and promotion of conscientious taxpayers’ rights. The application of a simplified taxation system is indicated, as experience of reality shows, it allows not only to achieve a legal reduction in the tax burden, but also to use a special tax regime for illegal minimization of the tax burden on business. It is established that a key for increasing the efficiency of counteraction to misfeasance in taxation by taxpayers is the development of a tax monitoring methodology capable of identifying tax risk zones that indicate the use of taxpayers' schemes for their payment evasion. It is determined that the misfeasance by taxpayer has negative impact on national tax system. Such activity definitely violates the concept of taxation fairness as it is aimed at creating an illegal reduction in the tax burden. A number of measures have been identified in the Tax Code of Ukraine that can increase the effectiveness of counteraction to misfeasance in taxation.
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Кубанцев, Сергей, and Sergey Kubantsev. "PUBLIC LAW MEANS AGAINST THE UNFAIR COMPETITION: ASPECTS OF RUSSIA AND THE USA." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 120–24. http://dx.doi.org/10.12737/article_598063fb57bee8.78143508.
Повний текст джерелаАнотація:
The issues of the legal regulation of social relations in the sphere of counteraction of unfair competition are raised in present article. The author outlines the legislative tools which are used in Russia and the United States for the regulation of liability for such acts. Also the author identifies the similar and different ways of legal regulation of these social relations. In this context the most relevant fact is the fact that the legal regulation of these issues in the United States started in the beginning of XX century, and the Russian legislator started to learn them only in the end of XX century.
The purpose of the present article is to study the antitrust laws of Russia and the USA; to identify the features of the historical development of legal provisions in this field; to make a comparison of the administrative and penal sanctions on persons violating the rules of fair competition, but not only in a view of the responsibility, but in context of the prevention of such offences; to make a comparative analysis of definitions and levels of responsibility for violations in this sphere.
The set of general scientific and private scientific methods of cognition were used during preparing of this article: the dialectical method, the method of analysis and synthesis, logical method, method of comparative law, sociological, historical, formal-logical and other scientific methods. The study was made not only on the basis of the standard manual but also the case law of the higher judiciary.
At the end of the study the author comes to the conclusion on necessity of the improvement of legislation in the field of counteraction of unfair competition, in particular in the direction of the creation of the criminal liability institute for legal persons in Russian legislation and the development of the concept of penetration under the corporate veil in the public legal sectors.
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Vardanyan, Galina, and Olga Aivazova. "Protection of the Rights and Legitimate Interests of Legal Persons in Criminal Proceedings: a Correlation of Criminal Law, Criminal Procedure and Forensic Aspects." Russian Journal of Criminology 13, no. 3 (July 4, 2019): 498–505. http://dx.doi.org/10.17150/2500-4255.2019.13(3).498-505.
Повний текст джерелаАнотація:
The transformation of the status and role of legal persons in modern civil society as one of the consequences of global social and economic reforms of the post-Soviet period brought about a need for strengthening the guarantees of protecting the rights and legitimate interests of legal persons. The guarantees of protecting legal persons against criminal infringements are very important in this case. The lawmakers have done an enormous amount of work in this sphere: the norms of the Special Part of the Criminal Code of the Russian Federation contain a considerate number of crimes whose characteristic features are infringements on the rights and legitimate interests of legal persons, while the norms of the Criminal Procedure Code of the Russian Federation make it possible to recognize not only a physical, but also a legal person as a victim. The authors describe some criminalistically relevant features of subjects who are likely to commit crimes against the property or business reputation of legal persons, depending, among other things, on the existence or absence of official legal relations (civil law, labor) between legal persons and the subjects of crime. As for the extensive scientific discussion on the introduction of the institute of criminal liability of legal persons into Russian criminal legislation, the authors side with the opponents (at least, at the present stage) of such an innovation. At the same time, they stress that it is absolutely necessary to look for the ways to improve the effectiveness of counteracting criminal infringements against legal persons. The authors believe that an effective way to resolve this problem could be the development of a complex methodology of investigating crimes against legal persons. The theoretical and methodological basis of this scientific sphere, its main ideas (its concept) make it possible to identify and systematize general regularities of the mechanism of criminal actions in this sphere; a good understanding of these regularities will help develop a complex of methodical and criminalistic recommendations that meet the requirements of the legal science and the investigation and court practice.
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Yukhno, O. "Forensic support of the activities of forensic science institutions and pre-trial investigation and inquiry bodies in counteraction to crime." Theory and Practice of Forensic Science and Criminalistics 23, no. 1 (July 27, 2021): 61–74. http://dx.doi.org/10.32353/khrife.1.2021.04.
Повний текст джерелаАнотація:
Pressing issues of forensic support of activities of pre-trial investigation and inquiry bodies in countering criminal offenses are outlined.
The concept and essence of crime counteraction are considered. The article analyzes the national criminal procedural legislation, departmental regulatory legal framework and their amendments concerning the direction under study, genesis of scientific findings on theoretical and applied issues of forensic support of the activities of pre-trial investigation and inquiry bodies in this direction, as well as the genesis of the concept and essence of forensic science as a science.
The modern state of the development of forensic science, current high-priority issues and feasibility of changing the scientific paradigm of forensic science as well as the use of innovations are studied; ways for their improvement are proposed. Theoretical and applied problematic issues of criminalistics are subject to thorough study and resolution. Fundamental changes are required both in criminalistics in general and in particular in its individual areas. The current legislation, law enforcement agencies, forensic science institutions, prosecutors’ bodies and judicial bodies, as well as law enforcement, in which modern advances in science and technology (in particular, computer and telecommunication technologies) are being implemented should be reformed. The article highlights such problematic issues as the improvement of the forensic characteristics of cer-tain types of crimes, forensic techniques combining forensic techniques and tac-tics. The issue of further implementation in law enforcement and forensic expert activities of promising molecular genetic examinations for pre-trial investigation bodies, including the method of DNA analysis is outlined separately and fully.
Relying on the results of research, specific author proposals and recommenda-tions are provided on the studied area of activity in general and in individual directions.
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Chernysh, R., and L. Osichnyuk. "National interests of the state and the possibility of restricting the right to freedom of speech: the question of correlation." Problems of Legality, no. 155 (December 20, 2021): 166–81. http://dx.doi.org/10.21564/2414-990x.155.243660.
Повний текст джерелаАнотація:
The article examines the possibility of restricting the right to freedom of speech in order to protect the national interests of the state. An analysis of normative legal acts prohibiting the dissemination of destructive information, such as calls for a violent change in the constitutional order of Ukraine, the outbreak of aggressive war, incitement to national, racial or religious hatred, etc. The right to freedom of expression is not absolute and may be limited. The article substantiates the criteria for state intervention in the information sphere, which allow limiting the dissemination of destructive information and preserving democratic values. Such criteria include the legality of the procedure, the legality of the purpose and the minimum amount of intervention. The article considers the existing mechanisms in Ukraine to respond to harmful informational influences. The law provides for liability for disseminating false information at several levels: civil, administrative and criminal. At the same time, these mechanisms are insufficient, as the concepts of «misinformation», «fake», etc. are not normatively defined. The article describes the state policy to combat destructive information influence. The bases of activity of state bodies created for the purpose of counteraction to dissemination of misinformation and propaganda are considered, namely the Center of counteraction of misinformation at Council of National Security and Defense of Ukraine and the Center of Strategic Communications and Information Security at the Ministry of Culture and Information Policy. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered.
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Reznik, O. M., and A. A. Bertsyukh. "Concepts and features of interaction of the State service of financial monitoring of Ukraine with law enforcement agencies concerning counteraction to legalization of criminal incomes." Legal horizons, no. 22 (2020): 82–86. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p82.
Повний текст джерелаАнотація:
The article is devoted to the formulation of the author’s definition of the concept of interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering, followed by the definition of the peculiarities of such interaction. The relevance of the proposed article is due to the high level of financial and economic crime, at which the laundering of criminal proceeds causes significant damage to the economy. Accordingly, this state of affairs necessitates the joint efforts of different actors in the fight against this negative phenomenon. It is noted that the category of “interaction” is used in various fields of scientific knowledge, while from the point of view of law this category is most often studied by scientists in the field of criminology, criminal procedure, criminology and operational and investigative activities. Signs of interaction are defined. The interpretation of the financial intelligence unit is considered, as the State Financial Monitoring Service of Ukraine was created as such a unit. The content of the concept of “law enforcement agencies” is revealed by analyzing the legislative and doctrinal definitions, as well as clarifying which tasks-functions certify the law enforcement nature of the activity and allows to refer a body to the category of law enforcement. The author’s vision of the category “law enforcement agencies” is given. The essential signs of legalization of criminal proceeds are singled out. It is established that at the doctrinal level money laundering can be considered in material, procedural, economic and legal aspects. It is concluded that the interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering means regulated and agreed under a number of conditions the activities of these entities, which are independent of each other, which is carried out using special methods and carried out in specific forms, in order to counteract the granting of lawful possession, use or disposal of proceeds of crime. Peculiarities of interaction in the context of the researched question are singled out.
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Maksimov, Sergey, and Yury Vasin. "The Concept of an Innovative Model of Combating Organized Crime: Background and Opportunities." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 553–69. http://dx.doi.org/10.17150/2500-4255.2020.14(4).553-569.
Повний текст джерелаАнотація:
An intensive digitization of all social processes (including criminogenic ones) demanded such a degree of rapidity, effectiveness, efficiency and relevance for the decisions taken by modern states that could not be provided using the dominant model of state policy for combating crime. This new civilizational challenge is especially evident for the problem of counteracting organized crime. The authors conclude that the contemporary model of criminal policy against organized crime, whose main idea is a constant strengthening of liability for organized criminal activities, is undergoing a crisis. An indicator of this crisis is a recent amendment of Art. 210 of the Criminal Code of the Russian Federation by a norm that considerably limits criminal prosecution of owners, participants, beneficiaries and managers of judicial persons (or their divisions) for organizing a criminal group or participating in it if the corresponding judicial persons were not originally created with the purpose of committing grave or very grave crimes. The same norm limits criminal prosecution of the above-mentioned categories of physical persons if the latter did not possess direct knowledge of the criminal purposes for which such judicial persons were created. The authors believe that the crisis of the current model of combating organized crime is also proven by a lack of any significant correlation between the changes in the criminal legislation on liability for organized criminal activities during the last 24 years and changes in the intensity of the practice of its enforcement. This conclusion, according to the authors, makes it possible to infer that goals that the lawmakers set while trying to improve the effectiveness of combating organized crime were probably not achieved. The authors claim that the key causes of the unproductive reaction of lawmakers and law enforcers to the growing activities of organized crime, including its influence on the general state of law and order and the economic security of the state, include a selective post factum reaction to the growth of specific manifestations of organized crimes based on the intuitive trial and error approach. The authors suggest using the following ideas for the concept of an innovative model of influencing organized crime: it is necessary to use mathematical modeling of the planned amendments to criminal or other connected legislation and their influence both on the system of legal norms of the amended act and the system of legal norms as a whole, on the practice of law enforcement and criminal activity; the state should react to all the specific reasons for the initiation of criminal cases on organized criminal activities using automated systems of collecting, processing and evaluating information, making predictions of the changes in the intensity of organized criminal behavior; the causes and conditions of specific organized criminal infringements should be revealed and measures should be taken to eliminate them.
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Kaplina, O., and S. Sharenko. "Problems of distribution of procedural expenses when dismissing a person from criminal responsibility." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 391–401. http://dx.doi.org/10.24144/2307-3322.2021.69.66.
Повний текст джерелаАнотація:
The article deals with the issues relevant to law enforcement practice related to the awareness of the legal content of Articles 118 and 124-126 of the CPC of Ukraine. Based on the generalization of the case law of the courts of first, appellate and cassation instances, it is concluded that in Ukraine there is a heterogeneous practice on the distribution of procedural costs for persons whose criminal proceedings is closed and the legality of recovering from the accused in favour of State related to the involvement of expert. The authors state that criminal justice is a resource-intensive type of state activity, which is due to many factors, among which effective counteraction to criminal offenses and solving criminal proceedings requires a state system of criminal justice, which should unite bodies and institutions with powers to conduct pre-trial investigations, supervise compliance with the law during pre-trial investigations, judicial control, judicial review of criminal proceedings, review of court decisions, execution of sentences, establishment and proper functioning of institutions of providing protection, representation and other legal assistance on professional basis, etc.
Given the high cost of criminal proceedings, almost all of the costs are borne by the state. This is not accidental, because through criminal proceedings the public interest expressed in Art. 2 of the CPC in the form of tasks of criminal proceedings. At the same time, it is advisable to collect some procedural costs from persons who have committed a criminal offense. However, scholars have not paid enough attention to the distribution of procedural costs in criminal proceedings. This has led to the existence of regulatory defects in the CPC of Ukraine, which were inherited from the CPC in 1960. By stating the lack of the unity of the law enforcement practice and judges’ approach to the interpretation of the provisions of Chapter 8 of the CPC “Procedural expenses”, the authors of the article seek to find out the essence of procedural expenses in criminal proceedings, decision on their distribution during the closure of criminal proceedings at the stage of pre-trial investigation or trial, in particular the release of a person from criminal liability, as well as whether to recover from the accused in favor of the state procedural costs related to the involvement of an expert, in case of closure of criminal proceedings and implementation of doctrinal interpretation of the provisions of paragraph 3 of the Part 1 of Art. 118 of the CPC regarding the definition of the concept of costs associated with the involvement of experts in criminal proceedings, in their systematic combination with the Law of Ukraine “On Forensic Science”.
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Avdeev, Vadim A., and Ekaterina V. Avdeeva. "LEGAL ANALYSIS OF THE GENERAL CRIME IN THE RUSSIAN FEDERATION: STATUS AND TRENDS OF DEVELOPMENT." RUDN Journal of Law 23, no. 1 (December 15, 2019): 102–22. http://dx.doi.org/10.22363/2313-2337-2019-23-1-102-122.
Повний текст джерелаАнотація:
The current conditions of the ongoing intra-state socio-economic and political-legal transformations inevitably affect the state, structure and dynamics of ordinary criminal mercenary criminality. The conducted legal analysis confirms the urgency of the development and implementation of new, more sophisticated measures to counter theft, fraud, robbery, robbery and extortion, taking into account the development trends of these crimes against property. The renewed renovation of the Russian state system is accompanied by the adoption of the Concept of Long-Term Social and Economic Development of the Russian Federation, the National Security Strategy of the Russian Federation, which predetermine new directions of the criminal legal policy in minimizing the criminalization of public relations to ensure the security of various forms of ownership. The globalization of law, the changing polycentric world predetermine the expediency of following the universally recognized principles and norms of international law, including those aimed at effectively countering ordinary criminal mercenary criminality. Throughout the evolution of social development, the priority task of each state was the inviolability of property interests. Analysis of the state, structure and dynamics of crimes against property, regulated by Art. 158-1596, 161-163 of the Criminal Code of the Russian Federation, allows us to note the dominant position of ordinary criminal mercenary criminality. In this connection, conclusions are drawn on the trends in the development of the criminal situation, and the estimation of the illegality and collision of modern criminal legislation with regard to the construction of criminal law norms is given. The main directions of the criminal and legal policy in the sphere of novelization of the criminal law on counteracting common criminal mercenary criminality are to be understood. The topical issues of legislative and organizational-practical nature in the field of countering common criminal mercenary criminality are considered.
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Penkov, Serhii, and Mykola Chabanenko. "THE CONCEPT OF CONSTITUTIONAL FREEDOM OF A PERSON TO CONDUCT ENTREPRENEURIAL ACTIVITY." Baltic Journal of Economic Studies 5, no. 1 (March 22, 2019): 160. http://dx.doi.org/10.30525/2256-0742/2019-5-1-160-167.
Повний текст джерелаАнотація:
The article studies the concept and features of the constitutional freedom of a natural person to conduct business activity in Ukraine. It is analysed features of human freedom under consideration. The authors present their own definition of the constitutional freedom of a person to conduct entrepreneurial activity. The issue of peculiarities of management of a natural person as a business entity is considered. It compares the legal status of a natural person with the legal status of a private entrepreneur. The article lists the duties of a private entrepreneur, as well as limitations on the performance of any types of activities by private entrepreneurs. It considers a procedure of the state registration of a private entrepreneur. The paper defines the essence and main range of tools of mechanisms of state regulation of entrepreneurial activity in Ukraine. The issue of mechanisms regulation is covered. It is formed the principal functions, tools, and methods which the state follows in regulating entrepreneurship. The role of the state in managing the economy and functioning of business entities is discovered. The international experience of state business regulation is described. Statistics are indicated, and specific examples of countries are formed. Lines for handling problems concerning stimulating small and medium-sized enterprises are specified. Based on the analysis, generalization and systematization of research papers, and also weaknesses of government regulation of entrepreneurship in Ukraine are presented. The authors draw conclusions and propose ways for improving government regulation in order to improve and develop entrepreneurship in Ukraine. Theoretical approaches to the determination of the concept of the subject of offences counteraction are presented. Definition of the subject of offences counteraction in the sphere of entrepreneurial activity is analysed, and a range and system of the mentioned subjects are specified. Subjects of offences counteraction in the sphere of entrepreneurial activity vested with administrative and jurisdictional powers are put into an individual group.
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Gladkikh, Viktor, Alla Konovalova, Ilya Mosechkin, and Elena Redikultseva. "On Improving Criminal Law Norms That Establish Liability for the Pollution of Marine Environment (Art. 252 of the Criminal Code of the Russian Federation)." Russian Journal of Criminology 13, no. 3 (July 4, 2019): 489–97. http://dx.doi.org/10.17150/2500-4255.2019.13(3).489-497.
Повний текст джерелаАнотація:
The article is devoted to the problems of criminal-legal counteraction to marine pollution. The authors note (on the basis of modern statistical data) that Article 252 of the Criminal Code of the Russian Federation that establishes liability for the pollution of the marine environment is used very rarely, which is due, inter alia, to its design flaws. The methodological basis for the study was traditionally the dialectical method, while the collection and processing of scientifically significant results were carried out with the help of formal-legal, comparative-legal and statistical methods. The material of the study was the regulatory legal acts regulating liability for pollution of the marine environment, as well as materials of judicial practice, including foreign jurisprudence. The authors investigated modern positions on the definition of the nature of the object of encroachment for the pollution of the marine environment. The article also contains an analysis of the concept of «pollution», on the basis of which the authors came to the conclusion that it is not advisable to supplement this definition with such language constructs as «contamination of the marine environment» or «introduction of organisms into the marine environment», although this is suggested by some scholars. The authors give an assessment of the dependence of the public danger of an act on the form of mens rea, which raises the question of the need for detailed instructions regarding the form of mens rea in Art. 252 of the Criminal Code of Russian Federation. Qualification problems of the marine environment pollution with aggravating circumstances, related to determining the criteria for causing harm to human health, have been identified. The solution to these problems proposed by the authors is based on a rethinking of the role of the environment and its impact on human health by «green criminology». The result of the work is the definition of the object of encroachment on the marine environment that takes into account the economic value of the environment. In order to overcome these problems, the authors propose a new version of Art. 252 of the Criminal Code, specifically, provisions for the differentiation of responsibility depending on the form of guilt and expansion of the list of socially dangerous consequences, the onset of which is necessary for the imputation of a qualified crime.
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Tylchyk, Olha, Olena Dragan, and Olena Nazymko. "ESTABLISHING THE RATIO OF CONCEPTS OF COUNTERACTION TO LEGALIZATION (LAUNDERING) OF ILLEGALLY-OBTAINED INCOME AND COUNTERACTION TO THE SHADOW ECONOMY: THE IMPORTANCE FOR DETERMINING PERFORMANCE INDICATORS OF THE EUROPEAN INTEGRATION PROCESSES." Baltic Journal of Economic Studies 4, no. 4 (September 2018): 341–45. http://dx.doi.org/10.30525/2256-0742/2018-4-4-341-345.
Повний текст джерелаАнотація:
The vast majority of reports from governments of the European Union member states and applicants for such membership contain a separate provision on ensuring their effectiveness in the system of combating money laundering and terrorist financing, adherence to the requirements of leading international groups and organizations for such measures. In particular, the assessment of compliance with the 40 Recommendations of the Financial Action Task Force (FATF) on combating money laundering and counteraction to terrorist financing, conducted in Ukraine in 2017 and ended with the relevant report of the Committee of Experts of the Council of Europe MONEYVAL (Report, 2018), is systematically evaluated. The mentioned monitoring body of the Council of Europe assesses, in particular, compliance with the main international standards of organizational, technical, and legal provision of counteraction actors in the respective country, making emphasis on the fact that corruption and illegal (shadow) economic activity (and, according to a well-founded author’s approach – “shadowing of the economy” – Tylchyk, 2017) are the main threats (risks) of money laundering (Report, 2018). Today it is possible to state the awareness of the need to introduce generally accepted standards into the practice of special subjects of providing economic security, although in the absence of a single vision of their place in the overall system of subjects of national security. At the same time, there is a significant complication regarding the gradual, system, and systematic nature of this activity, which is determined by the aggravation of social tension in society, external aggression, features of the formation of domestic doctrine and legislation traditionally oriented towards the application of the maximally defined concepts, at the same time, to date contain ambiguous provisions as to the content, in particular, the concept of illegally-obtained income, which does not coincide with that specified in the mentioned Standards and other international documents. The above stipulates the urgency to search for optimal ways to eliminate these inconsistencies, which lead to real hampering activities related to providing a counteraction to the legalization (laundering) of illegally-obtained income, in order to secure not only the national interests of Ukraine but also of the entire world. Methodology. The solution of the set purpose is realized using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed identifying the signs of illegally-obtained income, shadow economy, fight against the shadowing of the economy, and forming the latter concept. Methods of grammatical review and interpretation of legal rules helped to identify gaps and other shortcomings of legislation on problems of providing counteraction to the legalization (laundering) of illegally-obtained income, to develop proposals for its improvement, in particular regarding the features of defining the meaning of the concept of “illegally-obtained income” in domestic law field, the correlation of this concept and other economic and legal concepts. The comparative legal method allowed determining the development directions for domestic statutory acts in order to bring them in line with the generally accepted European standards. Practical implications. The level of shadowing of the Ukrainian economy, as well as many other countries of the world, requires the introduction of effective, timely, and consistent measures, in particular, to ensure control over the mentioned processes and create conditions for minimizing the possibilities of legalization (laundering) of illegally-obtained income by the efforts of the system of subjects of providing national (including economic) security to counteract the shadowing of the economy, for which it is necessary to formulate uniform unambiguous basic concepts that are “legalization (laundering) of illegally-obtained income”, “counteraction to the economic shadowing”, which determine the actual direction of the activities of these subjects and correlate the use of appropriate complex measures and facilities.
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Bulatova, Svetlana. "Realization of the Purpose of Criminal Proceedings by the Investigator and by the Defense Counsel: Opposition or Interaction?" Siberian Criminal Process and Criminalistic Readings, no. 3 (September 3, 2021): 15–24. http://dx.doi.org/10.17150/2411-6122.2021.3.15-24.
Повний текст джерелаАнотація:
The author discusses relationships between the prosecution and the defense during the preliminary investigation of a criminal case. Based on the analysis of contemporary Russian criminal procedure legislation and the links between the criminal procedure theory and criminalistics, the author concludes that it is necessary to single out the following forms of relationships between the defense counsel and the investigator: cooperation and counteraction to the investigation. The author, taking into account existing theoretical views, differentiates between these two concepts using the criterion of the legality of the actions of the sides. Correspondingly, it is suggested that cooperation is the activity of the sides carried out within the framework of the criminal procedure legislation and aimed at the realization of the purpose of criminal court proceedings as stated in Art. 6 of the Code of Criminal Proceedings of the Russian Federation. Using this as a basis, the author attempts to outline the procedural types of such interaction depending on the manner in which the defense counsel participates in proofing a criminal case. Firstly, there is a situation in which evidence is collected directly by the defense council. The author believes that in this case the investigator checks the evidence acting as an independent auditing body in the legal relationships and does not perform the function of the prosecution. Secondly, there is a procedural form of interaction when the defense counsel participates in the collection of evidence carried out by the side of the prosecution.