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1
Sophia Gusman, Prima, and Oce Madril. "Criminal Liability of Political Parties in Corruption Criminal Offense." International Journal of Multicultural and Multireligious Understanding 8, no. 10 (October 6, 2021): 216. http://dx.doi.org/10.18415/ijmmu.v8i10.3087.
Повний текст джерелаАнотація:
This research aims to analyze the criteria of political parties’ criminal liability on corruption criminal offense and the obstacles of law enforcement. It also aims to analyze the regulations and its application in the future. This is normative research that uses literature review. It analyzes secondary data in the form of primary, secondary, and tertiary legal materials. The research results show: (1) criminal liability of political parties in corruption cases may only be demanded if the crime is carried out in the name of the political parties or if it is based on a mandate of that party; (2) the juridical factors which inhibits criminalization of political parties include the corruption regulations’ incapability to penalize them, there are contradictive legal norms between that of corporations and political parties, and that not all corporate criminal sanctions may be imposed to political parties; and (3) it is hoped that the legal regulations on corruption may categorize political parties as corporations, to give a deterrent effect to political parties involved in corruption.
2
Lykhova, Sofiia Ya, Tetiana D. Lysko, Olha I. Kosilova, Oleh V. Kyrychenko, and Oleksandr V. Shamara. "Criminal liability for corruption offenses." Informatologia 55, no. 1-2 (2022): 76–97. http://dx.doi.org/10.32914/i.55.1-2.7.
Повний текст джерелаАнотація:
Combating corruption offenses is one of the priorities of public policy not only in Ukraine but also in many foreign countries. The object of the study is the criminal law measures to combat and resistance corruption in Ukraine and some foreign countries. In carrying out this research, a comparative legal method is widely used. This method allows for a two-level analysis (empirical and theoretical) of legal systems of Ukraine and some foreign countries in terms of combating corruption by criminal law means. It also allows identify regularities of development of the criminal legislation of several countries and to establish correlation with the international standards of counteraction and prevention of a corruption criminal offense. During the conducted research it is revealed some disadvantages and advantages of Ukrainian legislation in terms of criminal law supply of effective means of preventing and combating corruption in Ukraine, it is found that modern criminal law of Ukraine meets international standards of anti-corruption policy generally, but there are some disadvantages in terms of unambiguous understanding of the elements of compositions of criminal corruption offenses, definition of terminological features, lack of a single conceptual approach within the legislative regulations at the level of criminal law and legislation.
3
Korniiets, P. Yu. "Institutional role of the prosecutor's office in preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine: delimitation of powers and ways to improve the legal framework." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 135–45. http://dx.doi.org/10.32631/v.2021.4.11.
Повний текст джерелаАнотація:
The provisions of normative legal acts that determine the prosecutor's office scope of competence, in particular their tasks and functions, have been studied. As a result, it has been found that the current approach to determining the prosecutor's office scope of competence is manifested primarily in the consolidation at the legislative level of the main functions of the prosecutor's office; tasks and functions of the Specialized Anti-Corruption Prosecutor's Office (SAP) are fixed at the departmental level of legal regulation without their delimitation.
In order to differentiate the powers of the prosecutor's office to prevent and combat corruption, the National Anti-Corruption Bureau of Ukraine (NABU) clarified the investigation of criminal corruption and corruption-related offenses committed by NABU employees. It has been established that the prosecutor's office, represented by prosecutors, is authorized to prevent corruption in NABU by participating in proceedings on administrative offenses related to corruption committed by NABU employees.
As a result of the study, it has been concluded that the prosecutor's office, depending on the content of their tasks and functions, are involved in preventing and combating corruption in NABU in different ways, and the content of such activities is clearly dualistic, namely: on the one hand, the SAP in preventing compliance with the law during operational and investigative activities and pre-trial investigation of criminal offenses NABU can prevent or stop possible corruption by NABU employees; on the other hand, the prosecutor's office, if a corruption criminal offense is committed by a NABU official, must, in particular, ensure compliance with the law on the inevitability of liability for a criminal offense, within the competence to compensate for damages caused by such criminal offenses.
The powers of the prosecutor's office to prevent and combat corruption in NABU have been grouped: representative, supervisory, security and law enforcement.
In order to ensure the effective functioning of the SAP, in particular on the prevention and combating of corruption in NABU, the author's version of Section 3 of the Regulation on the Specialized Anti-Corruption Prosecutor's Office of the Prosecutor General's Office has been proposed.
4
Stryzhevska, Anzhela. "Grounds, conditions and features of exemption from criminal liability provided for in part five of Article 354 of the Criminal Code of Ukraine." Legal Ukraine, no. 7 (September 21, 2020): 13–19. http://dx.doi.org/10.37749/2308-9636-2020-7(211)-2.
Повний текст джерелаАнотація:
The article is devoted to the analysis of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code of Ukraine. The directions of modern researches of this problem are analyzed. The concept of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code, conditions and criminal consequences. The application of general types of exemption from criminal liability of persons who have committed corruption offenses is limited by the legislator, and the implementation of such as expiration due to the expiration of the statute of limitations does not cause difficulties in practice. criminal liability provided for in part five of Article 354 of the Criminal Code. Key words: criminal liability, corruption offense, exemption from criminal liability, grounds for exemption from criminal liability.
5
Suwono, Suwono, and Jawade Hafidz. "Upside of Evidence by Public Prosecutor in The Case Corruption by Act No. 31 of 1999 jo. Act No. 20 of 2001 on Combating Crime of Corruption." Jurnal Daulat Hukum 1, no. 3 (September 10, 2018): 773. http://dx.doi.org/10.30659/jdh.v1i3.3399.
Повний текст джерелаАнотація:
Corruption is a criminal offense that is remarkable. Remarkable because the mode used increasingly sophisticated, and as a result of corruption is very detrimental to the people and the state. Corruptor often me-take advantage of legal loopholes. Reverse authentication system implemented in the Act No. 31 of 1999 jo. Act No. 20 of 2001 on Corruption Eradication easier for prosecutors to prove that the defendant has committed the crime of corruption. In the system of proof, the defendant has the obligation to prove that the defendant did not commit corruption, and prosecutors also continue to prove that the defendant engaged in corruption cases.Keywords: Upside Evidence; Prosecution; Corruption.
6
Gunawan, Indra. "Perbuatan Melawan Hukum Dan Menyalahgunakan Wewenang Dalam Tindak Pidana Korupsi." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 19, no. 2 (March 16, 2020): 165–85. http://dx.doi.org/10.30743/jhk.v19i2.2390.
Повний текст джерелаАнотація:
Acts against the law and abuse of authority in a criminal act of corruption are elements that determine whether or not an act can be declared a criminal act. Both of these acts are important to distinguish the boundaries in criminal acts of corruption and also interesting to talk about.There are two legal subjects in a criminal act of corruption, namely a person or every person and corporation as perpetrators and those who can be held liable for criminal acts of corruption committed by their management. Against the law (wederrechtelijk) is one of the elements of a criminal offense in article 2 paragraph (1)of the UUPTPK namely the special unlawful nature. It is referred to as a special unlawful nature because the word against law is explicitly stated in the offense formulation in article 2 paragraph (1) of the UUPTPK. Abusing is defined as the existence of rights or powers that are not carried out properly as it has benefited others, children, grandchildren, family or cronies.There is also misusing the opportunity or time on the perpetrators in connection with the position. Misusing advice means abusing equipment or facilities attached to the perpetrator because of his position.Key-words : Against the Law, Abuse, authority, Corruption Crime
7
Chernobaiev, S. I. "JURISDICTION AS A COMPONENT OF THE INVESTIGATOR’S COMPETENCE." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 166–69. http://dx.doi.org/10.15421/391980.
Повний текст джерелаАнотація:
The legislation of Ukraine does not contain a legal definition of the concept of “jurisdiction”, although at the theoretical level this legal category has repeatedly become the subject of scientific research, its content and types have been constantly transformed depending on changes in the legislation of Ukraine. The socio-political situation caused by the violation of the territorial integrity of Ukraine, the priority of the state’s criminal policy in the fight against terrorism, corruption, have become a prerequisite for the emergence of new bodies of pre-trial investigation, changes in the procedural status of the investigator. This allows us to continue scientific research in the direction of improving the definition of “jurisdiction”, the definition of its characteristic components, species and more. The article discusses the relation between the terms “investigator competence” and “jurisdiction”, arguing that the former is broader. Attention is drawn to the normative construction of the articles of the Criminal Procedure Code of Ukraine, which define the rules of subsidiarity, in particular, in retrospect. Analysis of the criteria under which a criminal proceeding is assigned to the sphere of activity (management) of a particular pre-trial investigation body, in particular, the place of commission of a criminal offense, qualification of a criminal offense (event of a criminal offense, nature of the consequences, the subject of the criminal offense, its form guilt), the special status of the subject of the crime, the type and size of the object of the crime and the harm caused by the criminal offense, the status of the victim, the connectedness of actions, etc., allowed to conclude on the expediency of introducing into scientific circulation the concept of “criminal procedural characteristics of criminal offenses” The author defines the concept of “jurisdiction” by which the constituent competence of an investigator for conducting pre-trial investigation of a certain category of criminal proceedings, which is determined depending on the criminal procedural characteristic of a criminal offense, should be understood.
8
Shulzhenko, Ihor. "FEATURES OF DISMISSAL OF CIVIL SERVANTS FOR CORRUPTION OFFENSES." Law Journal of Donbass 73 (2020): 65–70. http://dx.doi.org/10.32366/2523-4269-2020-73-4-65-70.
Повний текст джерелаАнотація:
The article is devoted to a comprehensive study and scientific analysis of the current anti-corruption legislation, which regulates the bringing of civil servants to disciplinary responsibility in the form of disciplinary dismissal for committing corruption offenses. Civil servants are persons who, while in the civil service, perform the tasks and functions of the state. The human rights and freedoms in Ukraine depend on how honestly they are in the performance of official duties and adhere to the current anti-corruption legislation. Disciplinary liability of civil servants has its own specifics associated with a special subject of liability, which carries out not just labor, but professional service activities. Thus, bringing a civil servant to criminal or administrative responsibility for committing corruption offenses leads to disciplinary liability in the form of disciplinary dismissal from the civil service.Based on the analysis of regulations governing legal relations in the field of bringing civil servants to justice for corruption offenses, proposals were made to improve the current legislation in this area, and it was concluded that the dismissal of civil servants for corruption offenses has its own features, which are in that: first, the procedure for dismissal of a civil servant for a corruption offense is regulated by labor law; secondly, the disciplinary responsibility of a civil servant for committing corruption offenses is manifested in the form of disciplinary dismissal; thirdly, an official authorized by law to appoint and dismiss civil servants must, in a mandatory manner, apply to a civil servant a disciplinary sanction in the form of dismissal in the event of the entry into force of a court decision on the recruitment of a civil servant. to administrative liability for corruption offenses; fourth, a disciplinary sanction in the form of disciplinary dismissal for a corruption offense shall be applied no later than three days from the date of occurrence or establishment of the entry into force of a court decision to bring a civil servant to administrative responsibility.
9
Kolomoyets, Tetyana, Oleh Reznik, Olha Bondarenko, Maryna Utkina, and Alina Goncharova. "Combating corruption in the educational sphere: Ukrainian experience." Cuestiones Políticas 39, no. 70 (October 10, 2021): 696–715. http://dx.doi.org/10.46398/cuestpol.3970.41.
Повний текст джерелаАнотація:
Based on expert estimates, 17% of corrupt practices are committed in this area, and the authors identify the leading causes of corruption in the educational sphere. The objective is the non-recognition of teachers and lecturers as subjects of criminal corruption offenses, low level of the labor expense, inventory, and logistics management discrepancy in educational institutions of different groups with modern educational methods. Subjective reasons include the mutual “benefit” of corrupt practices to all participants in the educational process; disenchantment with the profession due to burnout; certain aspects of mentality; the sense of impunity for blackmailing offenses and receiving gifts. Regarding scientific research methods, their branched complex and multilevel structure are proposed: philosophical, empirical research, methods of theoretical cognition: general logical methods, specific scientific methods. The principal means to combat corruption in the educational sphere is preventive increasing the level of labor expense in the academic sphere; improving the inventory and logistics management of the educational institutions at all levels and regions; avoiding the mutual “benefit” to all participants in the educational process and anti-corruption means (criminalization for all teaching and research-pedagogical staff for the commission of the criminal offense).
10
Мірошниченко, С. С. "CORRUPTION RISKS IN CRIMINAL PROCEEDINGS." Juridical science, no. 1(103) (February 19, 2020): 293–99. http://dx.doi.org/10.32844/2222-5374-2020-103-1.35.
Повний текст джерелаАнотація:
The relevance of the article is that today our state is acutely aware of the problem of corruption, which is a threat to the rule of law, law and order, rights and freedoms of citizens, as well as an obstacle to sustainable pro-European development. To solve this problem, it is necessary to create and implement a number of anti-corruption measures that will not only eradicate corruption as a phenomenon, but will also prevent the emergence of conditions that will contribute to its emergence. The implementation of such a process is a necessary condition for the formation of sustainable public confidence in the government, improving the lives of citizens, ensuring the growth of Ukraine’s economic potential. The specifics of the civil service often leads to a conflict of interests of citizens, social groups, society, the state as a whole, the collision of which causes various conflicts, and sometimes leads to corruption offenses. The purpose of the article is to study and analyze in detail the corruption risks in criminal proceedings. Corruption risks in criminal proceedings have been studied and analyzed in detail. It has been determined that any entity that has discretionary powers the ability to act on its own, but within the law is prone to corruption. Such entities may be the head of state, deputies, officials, doctors, administrators, etc. However, law enforcement officers and judges conducting criminal cases can also benefit illegally. Thus, they also belong to the category of persons who have corruption risks. It is determined that the types of corrupt payments can be money, jewelry, payment for services, employment of relatives, vacation vouchers, home or car repairs. In particular, there are some payments that are in demand among the staff of investigative units: printers, scanners, paper, other consumables, payment for fuel both to travel to the scene and for personal purposes of the investigator. The stage of consideration of a criminal case in court begins from the moment the judge receives the case and ends with the entry into force of the verdict in this case. The only subject of corruption risk at this stage is a judge who has the authority to revoke or change the measure of restraint, to replace the criminal qualification from a more serious offense to a less serious one, to appoint a minimum term of imprisonment, to release from criminal liability.
11
Dumchykov, M., O. Bondarenko, and M. Utkina. "GENERAL ISSUES OF FORENSIC CHARACTERIZATION OF MONEY LAUNDERING." Criminalistics and Forensics, no. 66 (2021): 380–97. http://dx.doi.org/10.33994/kndise.2021.66.29.
Повний текст джерелаАнотація:
The purpose of the article is to analyze approaches to the formation of the essence and constituent elements of the forensic characteristics of the legalization of corruption proceeds (Article 209 of the Criminal Code of Ukraine), to highlight and describe the elements of the forensic characteristics of this criminal offense. Forensic characteristics play a special role in the very structure of the methodology for investigating a criminal offense of this type. A successful and comprehensive study of the circumstances of a criminal offense largely depends not only on the correct definition of the criminal-legal signs of an act, but also on the investigator’s understanding of the criminalistics nature of the corresponding offense. The analysis of publications indicates the presence of a number of disagreements between the authors in the construction of the forensic characteristics of the legalization (laundering) of proceeds from crime. Comparison of the existing doctrinal approaches to understanding the structural elements of the forensic characteristics of the legalization of funds obtained by criminal means, made it possible to form the author’s approach. According to the authors of the article, the forensic characteristics of the legalization (laundering) of incomes obtained as a result of the commission of a criminal offense should include both basic and additional elements. The main elements of the forensic characteristics of legalization are proposed to include the following: typical traces of a criminal offense; its subject; the way of committing such an offense. Additional, according to the authors of the article, it is advisable to include the following: the subject of a criminal offense; the time of its commission; the area in which the offense is committed; the environment of the criminal offense; source of origin of “dirty money”. The proposed elements of the forensic characteristics of a criminal offense can be the starting point in the development of an effective methodology for investigating money laundering.
12
Sirotkina, Mariia. "Exemption from criminal liability as an alternative to criminal prosecution." Legal Ukraine, no. 9 (October 30, 2020): 33–40. http://dx.doi.org/10.37749/2308-9636-2020-9(213)-4.
Повний текст джерелаАнотація:
This article is researching an institution of exemption from criminal liability as an alternative to criminal prosecution on the basis of current criminal procedure legislation, scientific researches and judicial practice. It was found that some researchers of exemption from criminal liability refer it to the forms of criminal liability, consider exemption from criminal liability as an institution of criminal law that differentiates liability; a radical means of differentiating a criminal liability; a legal fact that terminates a criminal legal relationship, which exempts a person from adverse legal consequences, etc. Having analysed the positions of foreign and domestic scholars, it can be concluded that the norms which provide for exemption from criminal liability should be considered as «an alternative to criminal prosecution». Exemption from criminal liability is provided for in the criminal law due to the fact that in some cases there is no point in subjecting a particular person to criminal liability, as criminal liability, being lawful, is considered as an inexpedient one. The state responds to a criminal act not leaving it without consequences, but reacts in another, «alternative» form, reaching a justified legal compromise in such cases. It is proved that the institution of exemption from criminal liability is implementing a desire of the state to effectively and rationally fight against crime without punishment and in general without a guilty verdict (conviction). This institution is simultaneously implementing the principles of economy of criminal repression, humanism and individualization of liability. Thus, the legislator has provided an alternative to criminal prosecution in the relevant provisions of the Criminal Procedure Code and the Criminal Code. This alternative in certain cases includes a compromise – a person who first time committed a criminal offense or negligent minor offence, except for corruption offenses, is being exempted from criminal liability if this person: has sincerely repented after commitment of offence, has actively contributed to the disclosure of the criminal offense and has fully reimbursed the damage caused by it or has eliminated the damage (Article 45 of the Criminal Code); has reconciled with the victim and has reimbursed the damage caused by such a person or has eliminated the damage (Article 46 of the Criminal Code); when transferring on parole to the staff of the enterprise, institution or organization within a year from the date of parole such person will justify the trust of the staff, will not evade educational measures and will not violate a public order (Article 47 of the Criminal Code). Key words: alternative, liability, exemption, compromise, punishment.
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Irfani, Masyhadi, and Ira Alia Maerani. "Criminal Code Policy in The Effort of Corruption Prevention in Institutions Regional Disaster Management Agency." Jurnal Daulat Hukum 2, no. 1 (March 15, 2019): 75. http://dx.doi.org/10.30659/jdh.v2i1.4209.
Повний текст джерелаАнотація:
Settings on the Crime of corruption in the procurement of goods and services defined in the Criminal Code as well as in Act Corruption today. However, there are still weaknesses contained in the Anti-Corruption Act today, one about the formulation of minimum criminal sanctions, which do not formulate sentencing guidelines to implement this minimum criminal threats.Corruption that has grown and occurs systemically and widespread must be done explicitly countermeasures to combat it. Corruption need severe sanctions (the imposition of the death penalty if necessary) in addition to confiscation of the wealth gained from corruption. Cooperation of various parties must be improved so that the law enforcement process runs with orderly and appropriate procedures, so that the perpetrators of criminal sanctions in kind (so that these sanctions have a deterrent effect) and eventually become a member of the public good and useful.Some issues regarding the criminal system that it is still in need of repair in the future is to be considered in order to create legislation that is even better. In 2018 the concept of the Criminal Code has been no formulation of the articles related to the criminal system that specifically regulates the crime of corruption by local officials, only qualifying offense of corruption that meet the elements of the subject that is a local official.Keywords: Legal Policy; Corruption.
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Toporetska, Z. "CRIMINALISTICS CHARACTERISTICS OF ILLEGAL ENRICHMENT." Criminalistics and Forensics, no. 64 (May 7, 2019): 305–19. http://dx.doi.org/10.33994/kndise.2019.64.27.
Повний текст джерелаАнотація:
In the article based on the analysis of scientific literature on criminology, criminal process and taking into account the actual changes to Art. 368-2 of the Criminal Code of Ukraine, the Law of Ukraine “On Prevention of Corruption” have analyzed the criminalistics significant indications of illegal enrichment. The purpose of this article is to study within its scope the criminalistics significant indications of illegal enrichment. The authors consider the criminalistics characteristics of the crime as a system containing a set of forensic significance features that are inherent in a particular type of crime. Like any systematic education, the forensic description of crimes consists of interconnected components – elements. The specified elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) the identity of the offender acting in the direction 2) the choice of the object of the attack, 3) in in certain conditions, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The article analyzes the following elements of the forensic character of illegal enrichment: the person of the offender, the subject of a direct criminal offense, the method of committing a crime, a trace pattern. The indicated elements are linked by correlation bonds, which reflect the dynamic, “phase” nature, due to the sequential placement of elements in accordance with the sequence of deployment of criminal activity. Forensic characteristics of illegal enrichment help to distinguish this offense from other official and corruption crimes. Forensic characteristics of illegal enrichment facilitate the determination of a range of circumstances to be proved in a criminal proceeding for crimes of this kind and the planning of their investigation. At the same time, while investigating crimes of this kind, there are a number of problems that require further resolution, and therefore this issue requires a separate scientific study, which will be the subject of further research. Key words: criminalistics, criminal process, forensic characteristic, illegal enrichment.
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Kaplele, Farida, Sigid Suseno, Lies Sulistiani, and Elis Rusmiati. "Barriers to the Implementation of the Articles of Continuing Acts in the Law of Criminal Acts of Corruption in Indonesia." International Journal of Criminology and Sociology 10 (July 14, 2021): 1190–95. http://dx.doi.org/10.6000/1929-4409.2021.10.138.
Повний текст джерелаАнотація:
The problem that will be discussed in this paper is the problem of obstacles to eradicating criminal acts of corruption regulated in the Corruption Crime Act in Indonesia, which in its implementation is often associated with the existence of norms in Article 64 Paragraph (1) of the Indonesian Criminal Code which regulates criminal acts. (voorgezette handling) corruption in Indonesia. To overcome this problem, a search for documents and literature studies was carried out, a study of laws and regulations, including decisions on corruption cases that had existed, then carried out a descriptive analysis to solve the problem. The study results show that the obstacles in the application of Article 64 of the Criminal Code are related to continuing acts of corruption in Indonesia. First, the difficulty of separating a criminal act as a single offense if it is carried out by state officials who handle the same problem and project every time. Day; Second, it is often interpreted that the will's decision is an act of corruption itself; Third, the determination of material actions (feit materieele); and Fourth, continuous action is not only seen as a rule relating to the issue of the imposition of crime and the weighting of criminal acts.
16
Aspan, Zulkifli, and Wiwin Suwandi. "Menjerat Kader, Melepas Partai Politik; Pertanggungjawaban Pidana Partai Politik Dalam Kasus Tindak Pidana Korupsi." Al-Adalah: Jurnal Hukum dan Politik Islam 5, no. 1 (April 30, 2020): 57–78. http://dx.doi.org/10.35673/ajmpi.v5i1.677.
Повний текст джерелаАнотація:
Amid the resounding steps of the KPK to carry out the law enforcement function of eradicating Corruption, there are still things that feel stagnant. The KPK does not or has not dared to ensnare political parties in corrupt criminal liability, using corruption laws. In each case with dimensions of political corruption, the KPK only ensnares party elites, but does not at the same time demand criminal liability from political parties. In fact, in several cases investigated, the flow of funds flowed into political parties. As a special offense, revising the Corruption Law, by entering the phrase "legal entity", in addition to the phrase "everyone" is needed to find, or build a channel to ensnare political parties in corruption criminal liability. accompanied by state losses and fines. Administrative sanctions can also be applied through freezing through the Kemenkumham or the dissolution of these political parties through the Constitutional Court's path when the KPK's charges and demands can be proven.
17
Rohrohmana, Basir. "THE APPLICATION OF PARTICIPATED DOCTRINE IN CORRUPTION (STUDY OF DECISION ON CORRUPTION CRIMINAL ACT COURT AT IA JAYAPURA DISTRICT COURT)." IJCLS (Indonesian Journal of Criminal Law Studies) 2, no. 1 (August 19, 2017): 1–12. http://dx.doi.org/10.15294/ijcls.v2i1.10811.
Повний текст джерелаАнотація:
Decision of Criminal Act of Corruption Court at the IA Jayapura District Court Number 05/Pid.Sus-TPK/2015/PN.Jap, and (2) Decision Number 06/ Pid.Sus-TPK/2015/PN.Jap. Both decisions show the application of participated doctrine, both in the indictment, the prosecution of the prosecutor, and the basis of the judge's judgment to result the decisions to the offenders.There are 2 (two) findings to be disclosed in the analysis of these decisions are (1) the participated doctrine which is applied apparently in their application are within separate prosecution areas between the two indictments, thereby treating the participants in the participated doctrine equally with the independent offender, even impressed as a convergence offense, (2) with prosecution in the indictment, the prosecutor and judge in applying the participated doctrine in these two decisions tend to be restrictive in view that the offender is compared to the dader not as part of the producer's entity (verzamen term) in which there are qualities of offenders who can be distinguished between pleger, doenpleger, medepleger, uitlokker or medeplichtigheid.
18
Andrieshin, Vladyslav. "Signs of subjective part of offenses related to the use of authority. Concept of «quasi-corrupt crime»." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 30, 2020): 221–28. http://dx.doi.org/10.31733/2078-3566-2020-1-221-228.
Повний текст джерелаАнотація:
The article deals with the analyze of the characteristics of the subjective side of the offenses related to the use of authority, and attention is paid to their specificity. In particular, substantive features, forms and volume of wine, purpose orientation and determining influence of motives of these crimes are investigated. Criminal misuses by officials are characterized by actions that can be committed only intentionally, and in most cases the intent is straightforward. Mental attitude to socially dangerous consequences in these crimes can be both intentional and careless. Purpose and motive, depending on the articles formation, are mandatory for separate crimes. In most cases, the purpose of these crimes is to gain wrongful advantage (bribe), and the motive is selfish. Each time for the correct criminal qualification we need to establish a mental attitude of official to all signs of the crime – install the volume of wine. Also, the author proposes to use the concept of "quasi-corrupt crime" in the theory. The author suggests that this is the fraud which includes all its general characteristics. Its specificity is that under certain circumstances it takes on conditional and superficial properties of a corruption offense. However, essentially it is not a corruption offense. In such case, corruptive character is provided through fraud in the misuse of powers or promotion of abuse, which does not actually occur and cannot be embodied in future. And the guilty person must be fully aware of all this. Attention is also paied to the problematic aspects of law enforcement practice and ways to solve them are suggested. Also, the author notes on the inability to prosecute twice, that becomes a violation of «ne bis in idem» principle, which is fixed in Article 4 of Protocol 7 of Convention for the Protection of Human Rights and Fundamental Freedoms.
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Setiyawan, Wawan, and Anis Mashdurohatun. "The Reforming Of Money Politics Cases In Election Law As Corruption Crime." Law Development Journal 3, no. 3 (August 12, 2021): 621. http://dx.doi.org/10.30659/ldj.3.3.621-629.
Повний текст джерелаАнотація:
This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.
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Ruwe, Fransiskus Arkadeus. "NEGATING STATES LOSSES APPROACH ON PUNISHMENT OF CORRUPTION." Jurnal Pembaharuan Hukum 5, no. 1 (April 1, 2018): 65. http://dx.doi.org/10.26532/jph.v5i1.2994.
Повний текст джерелаАнотація:
The criminal act of corruption is viewed from the formulation of the offense Article 2 of Act No. 31 Of 1999 concerning the Crime of Corrup tion is an economic offense caused by an act against the law, as a logical consequence of the Against the Law is to restore or negate the state's losses , achieve justice, utility and legal certainty, with priority on utility. Not becoming prevalent zero lo sses concept applied b ecause it is trapped in the prevalence of enforcing the law of corruption with the priority on legal certainty, it requires the progressive and militant spirit of the judges but a high and long commitment and a relatively long time to start with the target group within the judge t o get out of the routine of law enforcement that is running
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Alekseyev, Maxim, Boris Ostroukhov, and Vladislav Dorozhkin. "Compliance Pitfalls in Communications with the Russian Customs: Overview of Anti-corruption Regulations and Enforcement Trends." Global Trade and Customs Journal 16, Issue 9 (September 1, 2021): 402–6. http://dx.doi.org/10.54648/gtcj2021045.
Повний текст джерелаАнотація:
Interactions with Russian customs authorities may be associated with corruption-related risks that need to be observed and managed from the outset should a company consider engaging in the import operations through the Russian border. This article focuses on reviewing the Russian legal framework, statistics and the enforcement practice concerning the most widespread corruption offenses related to the interactions with the customs officials, as well as the recent developments in anti-corruption customs legislation. It covers the legal foundation of the anti-corruption regime in Russia and analyses its basic institutions for the best understanding of the applicable legal mechanisms. The article also contains recommendations for international companies, regardless of their legal presence in Russia, how to manage their relations with Russian partners and local subsidiaries to minimize the risks of unnecessary attention from the Russian customs authorities, as well as Russian and foreign enforcement authorities specializing on the corruption-related matters. These recommendations include, among others, the adoption and control of compliance policies by nonlocal supervisors and maintaining relations with the Russian customs authorities by joining the Charter of the Bona Fide Participants of the Foreign Trade. Offense, Prosecution, Compliance, Corruption, Anti-Corruption, Bribery, Officials, Prohibition, Review of Legislation, Customs, Criminal Liability, Administrative Liability, Federal Customs Service of the Russian Federation, Russia
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Sudirman, Sudirman, Marwan Mas, and Abd Haris Hamid. "ANALISIS PENERAPAN SISTEM PEMBUKTIAN TERBALIK TERHADAP TINDAK PIDANA KORUPSI." Indonesian Journal of Legality of Law 3, no. 1 (March 14, 2021): 38–42. http://dx.doi.org/10.35965/ijlf.v3i1.584.
Повний текст джерелаАнотація:
Korupsi sebagai salah satu kejahatan yang bersifat luar biasa (Extra Ordinary Crime) dikarenakan begitu sulit dalam membuktikan kejahatan tersebut oleh penegak hukum, maka dari itu dibutuhkan kinerja extra untuk memberantas tindak pidana korupsi tersebut. Olehnya itu, mengenai pemberantasan Tindak Pidana Korupsi dengan menggunakan ketentuan-ketentuan yang ada dalam Undang Undang hal itu diterapkan dalam Undang Undang Nomor 31 Tahun 1999. Undang Undang Nomor 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi, dimana beberapa pasalnya menganut tentang sistem pembuktian terbalik terbatas/berimbang. Pasal pasal yang mengatur tentang sistem pembuktian terbalik lebih jelas diatur dalam Pasal 12B, 12C, 37A, 38A, dan 38B. Pemberlakuan sistem pembuktian terbalik dalam perkara delik korupsi terhadap terdakwa meskipun hanya terbatas pada perkara suap (Gratifikasi) di atas Rp. 10 jt. Namun dengan adanya kewajiban terdakwa untuk membuktikan delik korupsi yang didakwakan kepadanya serta harta benda yang patut diduga berasal dari tindak pidana korupsi dan tidak bertumpuh lagi kepada jaksa penuntut umum, maka diharapkan dapat menjadi solusi dalam pemberantasan tindak pidana korupsi tersebut sebab perampasan terhadap harta benda terdakwa dapat dilakukan jika terdakwa tidak dapat membuktikan delik korupsi yang didakwakan kepadanya. Corruption is one of extraordinary crimes because it is so difficult in proving these crimes by law enforcement, and thus it requires extra performance to eradicate corruption. Therefore, regarding the eradication of corruption by using the provisions contained in the Law, this is applied in Law Number 31 Year 1999. Law Number 20 of 2001 concerning the Eradication of Corruption Crime, in which several articles adhere to a reversed proof system is limited/balanced. Articles governing the reverse proof system are more clearly regulated in Articles 12B, 12C, 37A, 38A, and 38B. The implementation of the reversed proof system is in the case of corruption offenses against the defendant even though it is only limited to bribery cases (Gratification) over Rp10 million. However, with the defendant's obligation to prove the corruption offense charged with him and property that is reasonably suspected of originating from criminal acts of corruption and no longer rests on the public prosecutor, then it is expected to be a solution in eradicating these criminal acts of corruption because the confiscation of the assets of the defendant can be done if the defendant cannot prove the corruption offense charged with him.
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BEKA, Agnesa. "Some Criminogenic Factors Affecting the Appearance of Corruption in Kosovo." PRIZREN SOCIAL SCIENCE JOURNAL 4, no. 2 (August 31, 2020): 89–92. http://dx.doi.org/10.32936/pssj.v4i2.166.
Повний текст джерелаАнотація:
Corruption as a phenomenon, not only destroys the economic base of a country, but it violates the basis of its legal system, legislation, judiciary, public-private institutions, cultural and health institutions, social policies of society and others. In order to know and study the phenomenon of corruption, we must definitely stop at some criminogenic factors which have a significant impact on the appearance of the occurrence of corruption. Thus, corruption as a criminal occurrence is present throughout the history of the state and human society and as such has always been considered as an immoral and harmful social occurrence. Corruption is especially expressed in times of crisis of certain societies, but also along with the strengthening of the state, the development of business activities, the interference of the state in the economy and the bureaucratization of society it has found its housing of presence as a criminal occurrence. Today, the occurrence of corruption has become one of the obvious problems in most countries almost all over the globe. Factors that have influenced the appearance of this occurrence are numerous, such as: the transition of society, economic crises, unemployment, poverty, mass media, the war and the circumstances of the war, the unresolved housing problems, etc. For this, in recent times, corruption has been characterized as one of the most negative social occurrence. Cooperation between relevant state institutions and citizens for this type of criminal activity is extremely important for detecting corruption as a criminal offense.
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Rusanov, Georgy, and Yury Pudovochkin. "Money laundering and predicate offenses: models of criminological and legal relationships." Journal of Money Laundering Control 21, no. 1 (January 2, 2018): 22–32. http://dx.doi.org/10.1108/jmlc-12-2016-0048.
Повний текст джерелаАнотація:
Purpose Purpose of the study is to show the relationships of money laundering with predicate offenses. Design/methodology/approach Each of these groups of crimes was investigated against the following criteria: statistical data on convictions and the proportion of prisoners in the general structure of a criminal record, links to organized crime, methods of money laundering and proportion of laundered money received from a particular predicate offense in the total amount of money laundered. Findings Based on the study of Russian legislation and practice peculiarities of this relationship, the features of the following relationships were revealed: relationship between widespread and relatively easy-to-control crimes against the property and drug trafficking and high latent and more difficult-to-control corruption and economic crimes. Originality/value As a result, it was concluded that there is a potential connection between the public danger of money laundering, the degree of crime organization and efficiency of the process of money laundering depending on the type of a predicate offense.
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Rusaev, Andrii. "Circumstanges to be proved in the procedure of investigation of inaccurate information (case law analysis)." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 377–82. http://dx.doi.org/10.36695/2219-5521.4.2020.68.
Повний текст джерелаАнотація:
The article analyzes the circumstances to be proved during the investigation of declaring unreliable information, the author analyzessome court decisions, identifies some of their patterns, highlights some shortcomings and gaps in the regulations. In addition, thecircumstances to be proved in the investigation of this category of criminal offenses are hidden. It is proved that the important circumstancesto be proved in the investigation of declaring unreliable information are: the guilt of the accused in committing a criminaloffense, the form of guilt, motive and purpose of its commission; as well as the event of the criminal offense. During the preparationof the article the author used a comparative legal method, methods of analysis and induction, which led to the reasonable conclusionthat the crime scene can not be attributed to significant circumstances to be proved, because in this type of crime it does not affect thecomposition of the criminal offense and sentencing.It was also emphasized that the level of corruption partly depends on the effectiveness of the pre-trial investigation by the autho -rized bodies. One such indicator of effectiveness is the rapid, complete and impartial investigation of criminal offenses, which to someextent is reflected in the relevance and admissibility of the evidence obtained. Therefore, in the context of this study, the circumstancesto be proved in the investigation of declaring unreliable information on the basis of the analysis of court decisions are considered. It isthe court that plays a crucial role in determining the admissibility of a piece of evidence, makes a decision based on the assessment ofthe admissibility, reliability, sufficiency and appropriateness of the evidence provided by the parties to confirm their legal positions.
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Artemova, Ekaterina, Aleksandr Maksimenko, and Dmitriy Ohrimenko. "Application of machine learning methods in the classification of corruption related content in Russian-speaking and English-speaking Internet media." Sociology: methodology, methods, mathematical modeling (Sociology: 4M) 27, no. 52 (March 19, 2022): 131–57. http://dx.doi.org/10.19181/4m.2021.52.5.
Повний текст джерелаАнотація:
The paper attempts to classify the corruption-related media content of Russian-language and English-language Internet media using machine learning methods. The methodological approach proposed in the article is very relevant and promising, since, according to our earlier data, corruption monitoring mechanisms used in foreign publications based on the use of advanced information technologies have rather limited potential effectiveness and are not always adequately interpreted. The study shows the principles and grounds for identifying identification parameters, and also describes in detail the layout scheme of the collected news array. In the course of automatic text processing, which took place in 2 stages (vectorization of the text and the use of a learning model), it was possible to solve the main 4 tasks: highlighting a significant quote from a news article to identify a text on corruption topics, predicting the type of news message, predicting a relevant article of the Criminal Code of the Russian Federation, which is used to determine responsibility for the described corruption offense, as well as predicting the type of relationship in corruption offenses. The results obtained showed that modern methods of automatic text processing successfully cope with the tasks of identification and classification of corruption-related content in both Russian and English.
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Verenich, Igor Vasilievich. "Formation of stages of the mechanism of corruption crimes: obstruction of investigation." Юридические исследования, no. 1 (January 2021): 48–53. http://dx.doi.org/10.25136/2409-7136.2021.1.34859.
Повний текст джерелаАнотація:
The subject of this research is consideration of the questions of formation of the mechanism of corruption crimes and obstruction of investigation thereof. The author examines the elements of the stage-by-stage formation of corruption crimes: initial stage, main stage, and final stage (result of committing an offense). The subject of crime is defined as a special subject with administrative or other powers in accordance with the law. The author reviews various methods of corruption crimes and the attributes of misfeasance; as well as determines the key distinguishing feature of corruption crimes – use of powers or position by an official, etc. The main conclusion consists in the statement that the problems of obstruction of investigation are common to investigation of corruption crimes, which is explained by the fact that the detection of this type of offenses ant subsequent investigation pertains to special subjects. This poses a separate, independent task of overcoming obstruction of investigation and application of different methods of overcoming. Analysis of the practice demonstrates that penal sanctions for such crimes are imposed at the lowest possible sanction of the criminal article, and in some cases – a suspended sentence; there is evidence of not only investigative and judicial errors, but also instances of investigative and judicial arbitrariness. This results in non-application of penalties to the offender, and the worst part – prosecuting the innocent. The examined materials on corruption crimes confirm the fact of obstruction of investigation in virtually every case, which presses the need for the development of forensic doctrine on overcoming obstruction of investigation.
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Korzh, V. "CRIMINALISTIC CHARACTERISTICS OF CORRUPTION CRIMES: THEORETICAL AND PRACTICAL ASPECTS." Criminalistics and Forensics, no. 66 (2021): 271–85. http://dx.doi.org/10.33994/kndise.2021.66.22.
Повний текст джерелаАнотація:
The article deals with the current trends in the development of the forensic doctrine of the forensic characteristics of crimes, analyzes the controversial issues of its structural elements. The concept of the forensic characteristics of crimes as an information database on forensic significant signs of a crime, obtained as a result of generalization of investigative and judicial practice. Its main elements are investigated: 1) the subject of criminal encroachment; 2) information about the identity of the offender; 3) characteristics of typical methods of crime; 4) information about the situation in which the crime was committed; 5) typical traces of a crime; 6) information about the identity of the complainant (victim). The problem of development of the forensic characteristics of corruption crimes is investigated, discussion questions about the concept and the main structural elements are analyzed. It is summarized that the forensic characteristics of corruption crimes is an information database obtained as a result of generalization of the investigative and judicial practice on forensic significant signs of corruption crimes, a special subject of criminal encroachment, specific ways of providing corruption services, a specific environment, typical traces, corruption ties, knowledge of which contribute to the construction and verification of versions, determination of the direction of the investigation. In practical terms, the forensic characteristic of corruption crimes is a kind of information model, a set of information about the specified type of crime, the use of which in a specific situation will help the investigator to quickly and promptly make the correct tactical decision on the methods of investigation, the use of tactics and technical means when planning investigative and search actions. forensic operations. The main structural elements of the forensic characteristics of corruption crimes have been determined. These are: 1) the specific area of the criminal offense; 2) a special subject of a corrupt act; 3) specific ways of providing corruption services; 4) the specific situation in which the act of corruption is committed; 5) specific traces of corruption crimes; 6) corrupt ties with the organizers of the shadow and criminal business. It was stated that the organizers of the shadow and criminal business strive to have “their own” people, both in the bodies of state power, administration, and a cover (“roof”) in law enforcement bodies. Corrupt officials receive corruption rewards (“kickbacks”) for providing corrupt services. They, using their power, official powers, perform certain actions (or fail to act) in the interests of the shadow and criminal business in order to ensure corruption assistance, corruption patronage, corrupt security, corruption protectionism, corruption intervention, corruption lobbying, corruption counteraction. It is summarized that the stated theoretical provisions of the forensic characteristics of corruption crimes, its main structural elements have a certain scientific and practical significance.
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Gruodytė, Edita, and Ugnė Urbšytė. "Criminalization of the Promise and Offer to Give or Accept a Bribe as a Completed Criminal Offense: Compliance with the Ultima ratio Principle." Baltic Journal of Law & Politics 14, no. 2 (December 1, 2021): 123–41. http://dx.doi.org/10.2478/bjlp-2021-0013.
Повний текст джерелаАнотація:
Abstract As the processes of globalization become more intense, the legislation adopted by international institutions occupies an increasingly important place in national criminal law, including crimes related to corruption. However, the regulation of some acts of corruption, in the context of sustainable development, raises questions about its compliance with criminal law principles. This article examines the requirements of international law to criminalize a promise and offer to give or accept a bribe in national law, recognizing that criminalization of such actions as completed criminal offense potentially violates the principle of ultima ratio. The article demonstrates that there is no unequivocal conclusion from international law that states must provide for liability for all acts of bribery as a completed criminal act. In order to implement the principle of ultima ratio, criminal liability for acts consisting essentially in the preparation or attempt to pay a bribe should not be enshrined in the same paragraph as bribery, where the bribe is exchanged by hand.
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Ferry, Satria, Faisal A. Rani, Edy Purnama, and Muhammad Saleh. "Prosecution of Criminal Offense of Corruption through the Corruption Eradication Commission’s Authority in Indonesia’s National System." IOSR Journal of Humanities and Social Science 22, no. 05 (May 2017): 16–33. http://dx.doi.org/10.9790/0837-2205081633.
Повний текст джерела
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Boiko, Iryna, and Olha Soloviova. "CURRENT PROBLEMS OF CORRUPTION-ADMINISTRATIVE OFFENSES." Administrative law and process, no. 3(26) (2019): 113–25. http://dx.doi.org/10.17721/2227-796x.2019.3.07.
Повний текст джерелаАнотація:
Corruption remains one of the largest political and socio-economic problems in Ukraine, which hinders the development of state and civil society, deepens social crisis phenomena and in general undermines the image of Ukraine on the world stage. The development and implementation of anticorruption measures, in particular legal responsibility, in practice require the strict observance of the procedures for their application in order to prevent violations of the rights of those concerned. It is a question of ensuring a balance between the inevitability of the punishment of a person who committed an offense related to corruption and its rights and freedoms guaranteed by current legislation. Achievement of the formulated goal is carried out with the help of complex and consistent application of the corresponding scientific tool presented by such methods of scientific knowledge as logic-semantic, systemic, structural-logical, methods of analysis and synthesis, etc. The purpose of the paper is to study the problems of legal regulation of proceedings in prosecution for violations related to corruption and to formulate proposals for their solution. The stated goal is achieved through the complex and consistent application of appropriate scientific tools, presented by such methods of scientific cognition as logical-semantic, systemic, structural-logical, methods of analysis and synthesis, etc. Results. The article analyzes the issue of administrative liability for corruption offenses. The gaps in the legal regulation of liability for offenses related to corruption are revealed, ways of solving the above problems are offered. The attention is focused on the necessity of observing the guarantees of a fair court in bringing the person to administrative liability for offenses related to corruption. Conclusions. Since the norms of Code of Ukraine on administrative offenses do not allow to fully ensure the right to a fair trial, the urgent need is to develop and adopt a law on amendments to the Code of Criminal Procedure or its new edition, which would take into account the practice of the European Court of Human Rights, including in cases of offenses related to with corruption.
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Chasani, Muchammad. "CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON." IJCLS (Indonesian Journal of Criminal Law Studies) 2, no. 2 (December 10, 2017): 144–54. http://dx.doi.org/10.15294/ijcls.v2i2.12322.
Повний текст джерелаАнотація:
The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.
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Ceku, Orhan Maxhun, Sheqir Kutllovci, Ardian Emini, and Petrit Nimani. "Money laundering as a form of economic criminality – The case of the Republic of Kosovo." International Journal of Management Excellence 12, no. 3 (April 30, 2019): 1860–66. http://dx.doi.org/10.17722/ijme.v12i3.1083.
Повний текст джерелаАнотація:
Economic criminality is a criminal activity that violates the economic and property values of the state, harms the public budget, and causes losses to economic entities, harms society in general. Combating and preventing this criminal activity that takes on transnational crime dimensions requires repressive legislation and international cooperation of sovereign states. Republic of Kosovo is assessed as a country that has largely expressed the phenomenon of economic criminality, in particular, money laundering, corruption, tax evasion, trafficking in human beings and as a transit country of drug trafficking.This paper addresses the legislation that prevents and fights the criminal offense of money laundering in the Republic of Kosovo. The paper also includes international instruments that regulate the fight against money laundering. The negative effects of the criminal offense of money laundering appear to be more pronounced in small countries and with non-consolidated democracies such as Kosovo. Kosovo's legislation has been continuously adapted to the conditions and circumstances by taking the pattern of EU legislation and international conventions of the UN system.
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Meshkovoi, K. "Investigation units of the National Police of Ukraine." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 352–55. http://dx.doi.org/10.24144/2307-3322.2021.69.59.
Повний текст джерелаАнотація:
The article covers the interpretation of basic concepts, analyzes the current legislation governing the research topic, conducts a comprehensive study of the functions of the National Police of Ukraine, both in general and individually, and examines these aspects on the basis of Ukrainian legislation today.
During the study of the functioning of the inquiry units of the National Police of Ukraine, it was found that the scope of these units is carried out within the current legislation of Ukraine, namely there is a clear reflection of the functions. It is established that a number of such functions allow to positively achieve the set goals.
On July 1, 2020, Law № 2617-VIII entered into force, which introduced systematic changes to the legislation which introduced the institution of criminal offense. From that moment on, criminal offenses are divided into crimes and misdemeanors, and the exclusive right to investigate criminal offenses, along with investigators, was granted to investigators in the form of an inquiry that has a special (simplified) nature.
According to the Criminal Procedure Code of Ukraine, pre-trial investigation of criminal offenses is carried out in the form of pre-trial investigation and inquiry.
As follows from the content of Article 215 of the CPC of Ukraine, pre-trial investigation of crimes is carried out in the form of pre-trial investigation, and criminal offenses - in the form of inquiry in the manner prescribed by the Criminal Procedure Code.
In accordance with the third part of Article 38 of the CPC of Ukraine, inquiries are carried out by inquiry divisions or authorized persons of other divisions: bodies of the National Police; security agencies; bodies of the Bureau of Economic Security of Ukraine; bodies of the State Bureau of Investigation; National Anti-Corruption Bureau of Ukraine.
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Putra, Muhammad Gempa Awaljon, Dahlan Ali, and Mahfud Mahfud. "Kendala Yang Dihadapi Oleh Kejaksaan Tinggi Aceh Dalam Pemberantasan Tindak Pidana Korupsi." Syiah Kuala Law Journal 2, no. 2 (August 17, 2018): 170–85. http://dx.doi.org/10.24815/sklj.v2i2.11627.
Повний текст джерелаАнотація:
Pasal 30 Ayat (1) huruf d Undang-Undang Kejaksaan Republik Indonesia bahwa kejaksaan mempunyai tugas dan wewenang untuk melakukan penyidikan terhadap tindak pidana tertentu berdasarkan undang-undang, termasuk salah satu kategori tindak pidana tertentu yaitu tindak pidana korupsi. Lembaga Kejaksaan memiliki struktur organisasi di seluruh wilayah Indonesia. Dalam melaksanakan pemberantasan tindak pidana korupsi, Jaksa Agung dibantu oleh para Kepala Kejaksaan Tinggi di seluruh Indonesia. Kejaksaan Tinggi Aceh merupakan jajaran Kejaksaan Republik Indonesia dengan wilayah tugas di Provinsi Aceh. Dengan sumber kewenangan dan struktur yang kompleks sudah seharusnya Kejaksaan Tinggi Aceh mampu memberikan dampak yang signifikan untuk menekan angka korupsi dan pengembalian kerugian negara. Pemberantasan tindak pidana korupsi pada masing-masing tahapan mempunyai kendala yang berbeda, secara umum kendala yang terjadi dari dua arah yaitu dari jajaran Kejaksaan Tinggi Aceh sendiri berupa kurangnya personil, kualitas Sumber Daya Manusia (SDM) yang harus ditingkatkan dan kendala dibidang koordinasi dengan lembaga terkait yang mendukung berjalannya penanganan dan penyelesaian perkara tindak pidana korupsi, sedangkan dari eksternal Kejaksaan kendala yang dihadapi dalam hal terbatasnya keterbukaan masyarakat atau menutupi informasi terkait dengan tindak pidana korupsi, respon auditor yang relatif lama dan sikap tersangka, terdakwa dan juga terpidana yang tidak kooperatif.Article 30 paragraph (1) subparagraph d that Public Prosecutor Office has the duty and authority to perform investigation to certain crimes under the law, including one particular category of offenses named criminal offense of corruption. The Public Prosecutor Office has an organizational structure throughout the territory of Indonesia. In implementing the eradication of corruption, the Attorney General is assisted by the Chiefs of Public Prosecutor Office throughout Indonesia. The Aceh Public Prosecutor Office is the an Indonesian Public Prosecutor Office with the duty area in Aceh Province. With a complex source of authority and structures, the Office of Aceh Public Prosecutor should be able to have a significant impact on reducing corruption and state losses. Each stage has different obstacles. In general the constraints that occured from two directions were that Office of Aceh Public Prosecutor itself lacked personnel, the quality of Human Resources had to be improved and Office of Aceh Public Prosecutor had coordination constraints with relevant institutions supporting the handling and settlement of corruption criminal offense, while the external factors were that constraints faced were in the form of limited public disclosure or covering information related to corruption crime, relatively long auditor response and the attitude of suspect, defendant as well as convict were uncooperative.
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Kusnadi, Kusnadi. "Kebijakan Formulasi Ketentuan Pengembalian Aset Hasil Tindak Pidana Korupsi." Corruptio 1, no. 2 (November 10, 2020): 86. http://dx.doi.org/10.25041/corruptio.v1i2.2097.
Повний текст джерелаАнотація:
Law enforcement officials in settling cases of corruption do not only prioritize physical punishment, but also prioritize the recovery of state financial losses through the return of assets, therefore a system is needed that allows for the confiscation and seizure of assets resulting from corrupt acts effectively and efficiently. Policy on the Formulation of Provisions for Returning Assets resulting from Corruption in Indonesia is currently scattered in several laws including the Criminal Code, the Criminal Procedure Code, the Corruption Eradication Act (PTPK Law), the Law on Money Laundering (UU TPPU) and the United Nations Convention against Corruption UNCAC) 2003. Formulation of provisions for returning assets in the future can apply the concept of confiscation of assets resulting from corruption without criminal penalties in accordance with Article 54 paragraph (1) letter c of UNCAC 2003. The research approach uses a normative juridical approach and an empirical juridical approach. The speakers consisted of prosecutors in the Indonesian Attorney General's Office, as well as Lecturers in Criminal Law at the Faculty of Law, University Lampung. Data collection was carried out with literature and field studies. Data analysis was performed qualitatively and then conclusions were drawn. The results of the study show that the formulation of the provisions for returning assets as a result of corruption acts currently adheres to the concept of appropriation of assets through a court decision that has permanent legal force while the formulation of the provisions for returning assets as a result of corruption in the future is realized taking into account the interests of the State or the community as victims from criminal acts of corruption by applying the Dutch concept of recovery of assets after a court decision, based on the concept of appropriation of assets against profits derived from the results of criminal acts, as well as applying the concept of appropriation of assets in a civil manner without being preceded by criminal sanctions as formulated in Article 1 paragraph (3) of the Draft Bill Confiscation of Criminal Asset. Suggestions in this study should be the Government and the Parliament to harmonize the provisions of asset recovery contained in the PTPK Law and the TPPU Law to be in line with the concept of asset recovery (Asset Recovery) regulated in UNCAC 2003, to apply the concept of asset return after a court decision and the concept of appropriation of assets against profits. Obtained from the results of a criminal offense against amendments to the PTPK Law, and immediately ratified the Criminal Asset Seizure Draft Bill into Laws for effective return of assets resulting from a criminal act of corruption.
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Shcherbakovskyi, Mikhailo, Ruslan Stepaniuk, Vasyl Kikinchuk, Oleksiy Oderiy, and Liudmyla Svyrydova. "Evidentiary problems in the investigation of corruption crimes in Ukraine." Revista Amazonia Investiga 9, no. 32 (September 10, 2020): 117–24. http://dx.doi.org/10.34069/ai/2020.32.08.12.
Повний текст джерелаАнотація:
The fight against corruption in Ukraine is one of the main tasks of law enforcement agencies. However, the process of proving corruption crimes in criminal cases is accompanied by problems that negatively affect the quality of the pre-trial investigation. The purpose of the article is to identify and study typical investigative errors and develop recommendations on the proper use of means and methods of proof in criminal cases of corruption crimes, taking into account the norms of national legislation and international criteria for ensuring human rights in criminal proceedings. To achieve this goal, a comparative and systemic structural analysis of international and domestic regulatory legal acts and court decisions, a selective study of materials from criminal cases on corruption crimes were made. It has been established that the process of proving in cases of corruption crimes in Ukraine will fully comply with international standards for ensuring human rights, provided that operational officers, investigators, and prosecutors comply with the admissibility criterion of evidence, especially when using secret measures. Investigative errors that take place at the stage of pre-trial investigation in this category of criminal cases lead to the restriction of human rights and freedoms and consist in significant violations of the criminal procedural law when collecting, checking, and evaluating evidence, as well as when opening the collected materials to the defense. Preventing such violations requires strict adherence to the general requirements for conducting undercover activities, formulated in the decisions of the European Court of Human Rights and domestic courts. The proof must take into account the "fruit of the poisonous tree" doctrine of the inadmissibility of evidence derived from materials collected in violation of the law. The defense side should be provided with timely access to the materials of covert events, including the documents that served as the basis for their implementation. It is important not to allow actions that are regarded as a provocation (incitement) of the suspect to commit a corruption offense.
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Serhieieva, D., and Z. Toporetska. "Criminalistics characteristics of official forgery." Herald of criminal justice, no. 3 (2019): 90–99. http://dx.doi.org/10.17721/2413-5372.2019.3/90-99.
Повний текст джерелаАнотація:
In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.
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Mitrović, Ljubinko. "Penalty of the Prison in the Republic of Srpska With Special Review at its Application in Practice of the District Court in Banja Luka // Kazna zatvora u Republici Srpskoj s posebnim osvrtom na njenu primjenu u praksi Okružnog suda u Banjoj Luci." Годишњак факултета правних наука - АПЕИРОН 9, no. 9 (October 14, 2019): 35. http://dx.doi.org/10.7251/gfp1909035m.
Повний текст джерелаАнотація:
Penalties for all modern criminal legislation are particularly regarded as fines for deprivation of liberty of various modalities - imprisonment, long-term imprisonment, juvenile imprisonment or life imprisonment. These are very often applied, special penalties that consist of depriving the perpetrator of the freedom of movement for the perpetrator of a criminal offense in a court decision for a certain time and its placement in a special institution or penitentiary institution from the system of these institutions of a particular state. Similarly with Republika Srpska, whose latest criminal legislation (primarily the Criminal Code of the Republic of Srpska of 2017) provides for two separate fines for deprivation of liberty - imprisonment and long-term imprisonment. It is precisely these two special, independent penalties and their application, with fines, in the practice of the District Court in Banja Luka (or its departments: the Criminal-Misdemeanor and the Special Department for the Suppression of Corruption, the Organized and the Toughest Forms of Economic Crime) there will be words in this paper.
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Логунова, Любовь Евгеньевна. "SOME MEASURES OF LEGAL RESPONSIBILITY FOR CORRUPTION OFFENSES IN THE LAW OF THE MOSCOW STATE OF THE XV-XVI CENTURIES." Vestnik Samarskogo iuridicheskogo instituta, no. 1(37) (June 17, 2020): 67–71. http://dx.doi.org/10.37523/sui.2020.37.1.010.
Повний текст джерелаАнотація:
В статье автором проводится анализ законодательных памятников права Московского государства XV-XVI вв. и публично-правовых грамот. Выявляется проблема отсутствия законодательного закрепления таких понятий, как «коррупция», «коррупционное правонарушение». Предпринимается попытка определения данных понятий. Сравнивается понимание указанных явлений в XV-XVI вв. с современной правовой интерпретацией. Анализируются и раскрываются основные аспекты и особенности коррупционных правонарушений, характерные для периода Московского государства. Перечисляются меры противодействия коррупции на современном этапе и в рассматриваемом временном периоде. Изучаются не только такие известные памятники российского права, как судебники, но также и иные источники права периода XV-XVI вв. Перечисляются и раскрываются меры юридической ответственности за совершение коррупционных правонарушений. Дается краткая характеристика видам юридической ответственности, применяемым за совершение коррупционных правонарушений. Подчеркивается тяжесть уголовной ответственности, которую несли низшие судебные чиновники за совершение коррупционных правонарушений. Автор обращает внимание на то, что законодатель рассматриваемого периода придавал большое значение борьбе с чиновничьим произволом на местах. В ходе исследования автор приходит к выводу о том, что расширение видов мер юридической ответственности за коррупционные правонарушения, назначение тяжких телесных наказаний за совершение такого рода деяний не привело к искоренению коррупции в рассматриваемом историческом периоде. In the article, the author analyzes the legal monuments of the Moscow state of the XV-XVI centuries and public legal documents. The problem of the lack of legislative consolidation of such concepts as «corruption», «corruption offense» is revealed. An attempt is made to define these concepts. The understanding of these phenomena in the XV-XVI centuries is compared with the modern legal interpretation. The main aspects and features of corruption offenses typical for the period of the Moscow state are analyzed and disclosed. Measures to counteract corruption at the present stage and in the considered time period are listed. We study not only such well-known monuments of Russian law as sudebniki, but also other sources of law from the XV-XVI centuries the measures of legal responsibility for committing corruption offenses are Listed and disclosed. A brief description of the types of legal liability applied for corruption offenses is given. The author emphasizes the severity of the criminal responsibility that was borne by lower judicial officials for committing corruption offenses. The author draws attention to the importance that the legislator of the period under review attached to the fight against official arbitrariness on the ground. In the course of the study, the author comes to the conclusion that the expansion of the types of measures of legal responsibility for corruption offenses, the appointment of heavy corporal punishment for committing such acts did not lead to the eradication of corruption in the considered historical period.
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Lbn. Toruan, Henry Donald. "IMPLIKASI HUKUM PEMBERIAN KREDIT BANK MENJADI TINDAK PIDANA KORUPSI (Legal Implications of Bank Loans Turn into Corruption)." Jurnal Penelitian Hukum De Jure 16, no. 1 (August 26, 2016): 41. http://dx.doi.org/10.30641/dejure.2016.v16.41-60.
Повний текст джерелаАнотація:
The credit of bank has the potential of misusing or abusing by parties whose not responsible for getting profit or benefit, unlawfully. The parties can be internal or external persons such as bank officers, board members of bank, commissioners, stakeholders and bank customers. Misuses in bank loaning can be a criminal offense of banking if the board of members or officers do not obey the rule of the banking concerning the principles of prudential and appraisal, carefully. Lately, in practice, it can be a criminal offense or criminal act. It is a question, do a sentence of corruption criminal act into jail to the board of members and bank consumer is right measures? ?. Is criminal punishment against customers effective in handling bad debts ? Criminalization of corruption to them by engaging the Act of Corruption Criminal Act against to the Act of Banking that has ruled board of members in article 50 with imprisonment. It can be double standards in a completion of bad credit that funded by state finances and privates. Therefore, the Corruption Act may not be used in the settlement of bad loans to private banks. The settlement of bad loans based on The Act of Mortgage Right which guarantee the land rights of the debtor as debt repayment. The law should be bound up to avoid uncertain of law. Keywords: credit loan, corruption and completin of bad debts. ABSTRAK Pemberian kredit bank berpotensi disalahgunakan oleh pihak-pihak yang tidak bertanggung jawab untukmendapatkan keuntungan secara melanggar hukum. Pihak-pihak yang dimaksud adalah mereka yang dalam prakteknya bersentuhan dengan bank baik yang meliputi pihak internal maupun pihak eksternal bank, misalnya pegawai bank, anggota direksi bank, anggota dewan komisaris bank, pemegang saham bank dan nasabah bank. Bentuk penyimpangan dalam pemberian kredit dapat menjadi tindak pidana perbankan, apabila direksi bank atau pegawai di dalam pemberian kredit tidak mengindahkan ketentuan perbankan mengenai prinsip kehatian-hatian dan asas-asas perkreditan serta tidak melakukan penilaian yang seksama mengenai nasabah. Namun prakteknya akhir-akhir ini, penyimpangan pemberian kredit pada bank yang dibiayai dari keuangan negara, yang seharusnya merupakan tindak pidana perbankan berubah menjadi tindak pidana korupsi. Menjadi pertanyaan, apakah penjatuhan hukum tindak pidana korupsi terhadap direksi dan nasabah bank merupakan langkah tepat?. Apakah penjatuhan pidana terhadap nasabah cukup efektif dalam menanggulangi kredit macet?. Penjatuhan pidana korupsi pada direksi bank dengan menggunakan UU Tipikor bertentangan dengan UU Perbankan yang telah mengatur perbuatan hukum direksi dalam Pasal 50 UU Perbankan dengan ancaman penjara. Demikian juga penjatuhan pidana korupsi pada nasabah bank akan menimbulkan standar ganda dalam penyelesaian kredit macet pada bank yang dibiayai dari keuangan negara dengan bank swasta. Sebab, UU Tipikor tidak mungkin digunakan dalam penyelesaian kredit macet pada bank swasta. Pada hal sebelum adanya UU Tipikor, penyelesaian kredit macet dilakukan berdasarkan UU Hak Tanggungan dimana jaminan hak atas tanah debitur dijadikan sebagai jaminan dalam pelunasan hutangnya. Seharusnya hukum atau undang-undang harus diberlakukan mengikat secara umum tidak dipilah-pilah agar terjadi kepastian hukum. Kata kunci: Pemberian kredit, korupsi dan penyelesaian kredit macet.
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Rinaldi, Rinaldi, and Wirna Rosmely. "PERTIMBANGAN HAKIM TINGKAT BANDING DALAM MENERAPKAN UNSUR-UNSUR PASAL 2 DAN PASAL 3 UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI (Studi Putusan No. 3/TIPIKOR/2016/PT PDG dan No. 9/ TIPIKOR/ 2017/PT PDG)." UNES Law Review 2, no. 4 (August 14, 2020): 392–407. http://dx.doi.org/10.31933/unesrev.v2i4.132.
Повний текст джерелаАнотація:
The law governing criminal acts of corruption is Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption. Corruption crime regulated by Law Number 31 of 1999 consists of various forms / types. In writing this thesis, the author conducts research on corruption cases as referred to in decision Number 3 / TIPIKOR / 2016 / PT PDG and Number 9 / TIPIKOR / 2017 / PT PDG. From the results of the study, the first conclusion was obtained that the consideration of the appellate level judges in applying the elements of Article 2 and Article 3, that in Decision Number 3 / TIPIKOR / 2016 / PT PDG, was the legal judgment of the First Level Judge in its decision that could be approved and corroborated by the Level Judge Appeals, except in the case of conviction for the Defendant, according to the Judge of the Level of Appeals the imposed criminal sentence needs to be aggravated and there are still incriminating matters for the Defendant that have not been considered by the First Level Judge. Criminal application by the Court of Appeal Court is to improve the decision of the First Level Court which imprisonment for 2 (two) years and 6 (six) months and improvement of imprisonment for 3 (three) years and a fine of Rp 50,000,000 (fifty) million rupiahs) subsidair criminal confinement for 2 (two) months. Judge's consideration in Decision Number 9 / TIPIKOR / 2017 / PT PDG, is that the Panel of Appeal Judges has considered Article 2 with elements of a criminal offense committed by the defendant. The Appellate Court Judges disagree with the decision of the First Level Court regarding the Acts of the Defendants in violation of Article 3 of Law Number 31 of 1999 concerning Eradication of Corruption. Based on the results of the examination of legal facts in the trial and the consideration of the Panel of Appellate Judges with the Primair indictment proved and fulfilled all elements of Article 2 paragraph (1) Juncto Article 18 paragraph (1) letter b paragraph (2) and paragraph (3) of Law Number 31 of 1999. The application of the criminal sentence dropped to Defendants II and IV for 4 years and fined Rp. 200,000,000.00 (two hundred million rupiah).
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Syahdi Buamona. "WHITE COLLAR CRIME (KEJAHATAN KERAH PUTIH) DALAM PENEGAKAN HUKUM PIDANA." Madani Legal Review 3, no. 1 (December 5, 2019): 28–38. http://dx.doi.org/10.31850/malrev.v3i1.343.
Повний текст джерелаАнотація:
this paper analyzes several problems, namely what is the white collar crime and how the white collar crime in criminal law enforcement. using the method used is normative juridical as for the results of the research, first, white collar crime is basically done by certain people who have a position, occupation, and position and are well-known in the life of society. The officials actually use their power in the wrong way, without paying attention to the impact on society and the country. Second, in the aspect of criminal law enforcement, white-collar crime is a crime in a position offense as a criminal event committed by people who work for a government bureaucracy and / or cooperate with other people. As a result of their actions, as well as criminal acts of corruption will be detrimental to state finances and declared an act that violates the law, both in the form of violations and crimes regulated by law.
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Tahir, Ach, Mahrus Ali, and Muhammad Arif Setiawan. "BRIBERY AND GRATUITY: REGULATORY ANALYSIS AND JUDICIAL RESPONSE." Jurnal Ius Constituendum 6, no. 2 (October 17, 2021): 267. http://dx.doi.org/10.26623/jic.v6i2.4093.
Повний текст джерелаАнотація:
<p>This paper is aimed at analyzing the concepts and parameters to determine an act as a bribery and gratuity in the Anti-Corruption Law and court cases. This involved the application of the doctrinal legal research to understand these differences. The results of this study showed that bribery requires a meeting of mind between the bribe givers and bribe recipients which is not found in gratuity. The reporting mechanism and the reversal burden of proof do not apply to bribery while Operation Catching Hand does not apply to gratuity due to its inability to satisfy the provisions of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver and the recipient of a bribe while the act of a giver in gratuity is not considered as a criminal offense. The study also found that the court failed to apply these essential differences.</p>
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Ramelan, Yudha. "PENERAPAN SAKSI PIDANA KORPORASI PADA BANK DAN IMPLIKASINYA." Masalah-Masalah Hukum 48, no. 1 (January 30, 2019): 80. http://dx.doi.org/10.14710/mmh.48.1.2019.80-97.
Повний текст джерелаАнотація:
A criminal act by corporation is criminal offense that can be asked for criminal liability to the corporation in accordance with the laws and regulations concerning the corporation. Banks as corporate legal entities can be prosecuted before the law and tried if in carrying out their business activities the bank is suspected of committing a crime that is threatened with criminal sanction, including committing a crime of money laundering or corruption. Corporation can be punished to pay fine penalties and other additional penalties such as dissolution or revocation of business licenses. As a trust-based financial institution, if a bank commits a crime, the impact caused by the crime is not only detrimental to the bank itself, damages the reputation of the bank but also harms the community of depositors and other parties responsible for handling bank resolutions. Looking at the impact, the application of corporate criminal responsibility to banks must be carried out carefully and selectively. If these sanctions happen to a large-scale bank (systemic bank), it can be multiple effects cause.
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Vynohrad, О. V., and P. H. Kovalska. "Illegal benefit in anti-corruption legislation: problems of legal regulation." ScientifiScientific Herald of Sivershchyna. Series: Law 2021, no. 2 (October 5, 2021): 57–66. http://dx.doi.org/10.32755/sjlaw.2021.02.057.
Повний текст джерелаАнотація:
The types and meaning of the main methods of preventing corruption are examined in the article. Administrative methods of combating corruption are identified among them. They are divided into two groups: rule-making (adoption of relevant law); law enforcement (application of law). The importance of proper legislative regulation in liquidating corruption is outlined. The formation of anti-corruption legislation, which has been going on for a long time, is revealed and it is noted that to date anti-corruption legislation has undergone a significant transformation and changed its purpose that is “prevention” instead of “struggle”. Emphasis is placed on innovations and reforms contained in the updated anti-corruption legislation. The provisions of statutary acts, which enshrine illegal benefit, are given. For carrying out a detailed analysis, the scholars’ positions on the current legislation on the definition of “illegal benefit” were analyzed. It revealed differences in existing approaches to the essential features of this phenomenon. The concept and features of a gift are analyzed in order to distinguish it from the illegal benefit and identify the main reasons for this. The importance of clear regulation of illegal benefit and gifts in order to avoid incorrect classification of violated anti-corruption legislation was emphasized. After analyzing the essence of “illegal benefit” and “gift”, it was found out that common to the subject of gift and illegal benefit was to receive both materially defined and things that do not have a monetary equivalent and material reflection. A sign that allows to distinguish a gift from an illegal benefit is the sign “without any legal grounds” for receiving an illegal benefit and “gratuitousness and receipt/gift at a price below the minimum market”. It is the last part of the component definition of a gift that testifies to the value characteristics of a gift. It is noted that taking into account the fact that since the difference between a gift and an illegal benefit is unclear, it may lead to incorrect classification of violated anti-corruption legislation. Key words: illegal benefit, gift, anti-corruption legislation, corruption offense, corruption-related offenses, criminal liability, administrative liability.
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Erick, Erick, Madiasa Ablisar, Sunarmi -, and M. Ekaputra -. "ANALISIS YURIDIS TERHADAP PENEGAKAN HUKUM TINDAK PIDANA KORUPSI TERHADAP PENENTUAN KERUGIAN KEUANGAN NEGARA (STUDI PUTUSAN NO.1596 K/PID.SUS/2013)." Ilmu Hukum Prima (IHP) 4, no. 1 (April 30, 2021): 161–87. http://dx.doi.org/10.34012/jihap.v4i1.1667.
Повний текст джерелаАнотація:
Returning losses from the proceeds of corruption will make the perpetrator unable to enjoy the results of his actions. This can be done by seizing certain items obtained or produced in a criminal act as a criminal in carrying out the principle of the life of the nation and state. Basically, state losses occur if the achievements received by the state are less than the money paid by the state. The research method in this thesis is a normative legal research method, namely by conducting library research namely research conducted by examining library materials, especially laws and legal literature relating to problems. The source of data used in this thesis is in the form of prier legal material and or secondary legal material that has to do with qualitative problems, namely what is obtained from research in the field is studied in a comprehensive and comprehensive manner. "State finances or economy" has been explained as discussed in Article 2 of Law Number 31 of 1999 jo Act Number 20 of 2001. Whereas the word "can" actually gives flexibility to the Prosecutor / Public Prosecutor does not have to prove an element of loss " financial / economic state "because corruption is a formal offense, namely the existence of criminal acts of corruption enough to fulfill the elements of corruption, enough to fulfill the elements of actions that have been formulated not by the emergence of consequences. The formulation of the provisions of Article 3 of Act Number 31 of 1999 in conjunction with Law 20 of 2001 is almost identical to the provisions of Article 1 paragraph (1) sub b of Act Number 3 of 1971. only difference is the provisions of Article 3 of Law Number 31 In 1999 jo Law No. 20 of 2001 included elements of "corporation" in it.
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Fatkhurohman, Fatkhurohman, and Nalom Kurniawan. "Pergeseran Delik Korupsi dalam Putusan Mahkamah Konstitusi Nomor 25/PUU-XIV/2016." Jurnal Konstitusi 14, no. 1 (July 24, 2017): 1. http://dx.doi.org/10.31078/jk1411.
Повний текст джерелаАнотація:
Putusan MK Nomor 25/PUU-XIV/2016 mencabut frasa "dapat" dalam Pasal 2 ayat (1) dan Pasal 3 Undang-Undang Nomor 31 Tahun 1999 juncto Undang-Undang Nomor 20 Tahun 2001 tentang Perubahan Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi (UU Tipikor). Putusan MK ini menafsirkan bahwa frasa "dapat merugikan keuangan negara atau perekonomian negara" dalam Pasal 2 ayat (1) dan Pasal 3 UU Tipikor harus dibuktikan dengan kerugian keuangan negara yang nyata (actual loss) bukan potensi atau perkiraan kerugian keuangan negara (potential loss). Dalam pertimbangannya, setidaknya terdapat empat tolok ukur yang menjadi ratio legis MK menggeser makna subtansi terhadap delik korupsi. Keempat tolok ukur tersebut adalah (1) nebis in idem dengan Putusan MK yang terdahulu yakni Putusan MK Nomor 003/PUU-IV/2006; (2) munculnya ketidakpastian hukum (legal uncertainty) dalam delik korupsi formiil sehingga diubah menjadi delik materiil; (3) relasi/harmonisasi antara frasa "dapat merugikan keuangan negara atau perekonomian negara" dalam pendekatan pidana pada UU Tipikor dengan pendekatan administratif pada Undang-Undang Nomor 30 Tahun 2004 tentang Administrasi Pemerintahan (UU AP); dan (4) adanya dugaan kriminalisasi dari Aparatur Sipil Negara (ASN) dengan menggunakan frasa "dapat merugikan keuangan negara atau perekonomian negara" dalam UU Tipikor.Constitutional Court Decision No. 25/PUU-XIV/2016 revokes the phrase "may" in Article 2 paragraph (1) and Article 3 of Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the amendment of Law No. 31 of 1999 on Eradication of Corruption (Corruption Act). Decision of this Court interpreted the phrase "may be detrimental to the state finance or economy of the state" in Article 2 (1) and Article 3 of Corruption Act must prove real state financial losses (actual loss) not a potential nor estimated financial losses of the state (potential losses). In the consideration of the judgment, at least, there are four benchmarks that become the ratio legis of the Court to shift the substance of the offense of corruption. The Four benchmarks are (1) nebis in idem with the previous Constitutional Court ruling that is Constitutional Court Decision Number 003/PUU-IV/2006; (2) the emergence of legal uncertainty in the formal corruption offense that it is converted into material offense; (3) the relationship/harmonisation between the phrases "may be detrimental to the state finance or economy of the state" in the criminal approach on Corruption Law with an administrative approach to Law No. 30 of 2004 on Governmental Administration (UU AP); and (4) alleged criminalization of State Civil Apparatus (ASN) by using the phrase "may be detrimental to the state finance or economy of the state" in the Anti-Corruption Act.
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Mursanto, Deddy, La Ode Muhammad Karim, and Mashendra Mashendra. "Effectiveness to the reversal of the burden proof system in handling corruption case." Jurnal Hukum Volkgeist 5, no. 1 (December 9, 2020): 14–20. http://dx.doi.org/10.35326/volkgeist.v5i1.863.
Повний текст джерелаАнотація:
Corruption is an act that can harm State finances and cause losses to the people's economy. This study aims to determine the arrangement of the burden of proof reversals system of corruption according to the applicable provisions and the proper regulation in implementing the system of reversing the burden of proof to be done optimally. This study uses a normative juridical research methodology with a statute approach. This research's data analysis method is descriptive qualitative by describing the problems and facts in writing from the literature. The study indicates that the burden of proof reversal system concerning the Eradication of Corruption Crimes contained in Law no. 20 of 2001 is limited only to the offense of gratification regulated in Article 12 B paragraph (1) letter a. The withdrawal presumption proof can also be extended to the defendant's property, which is claimed to be connected to the accused's case (Article 37 A) and the property of the defendant (who has not been charged) which is not accused of corruption as a result of a criminal act (Article 38 B). Reversal of the burden of proof in the law of corruption is a reversal of the burden of proof impartial public prosecutor and the defendant alike must prove but / the same element proved different.
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Rusin, Roman, Oleg Dubinskiy, and Roman Kharytonov. "IMPLEMENTATION OF INTERNATIONAL ANTI-CORRUPTION STANDARDS IN THE ECONOMIC SPACE." Baltic Journal of Economic Studies 7, no. 5 (December 27, 2021): 184–91. http://dx.doi.org/10.30525/2256-0742/2021-7-5-184-191.
Повний текст джерелаАнотація:
Corruption as an anti-social phenomenon was initially considered in the moral, social and legal dimension. It was not until the 1970s that corruption began to be studied as an economic category and became a subject of systemic economic analysis. It should be emphasized that in legal practice, corruption is most often interpreted as a socially dangerous illegal phenomenon, which is a consequence of blackmail, bribery, venality of officials that use their authority for personal enrichment, disregarding the interests of other members of society. Therefore, corruption is usually seen as a type of offense and criminal actions of officials in contradiction to the interests of the state and its citizens. And anti-corruption measures are associated with the improvement of the current legislation in terms of ensuring the inevitability of responsibility for corruption and corruption-related offenses. At the same time, given that corruption is inseparable from the shadow economy, it is necessary to study these two phenomena as a single system and consider anti-corruption policy as a key component of the fight against the shadow economy. The world community, in particular the EU, has a well-developed system of state regulation, which many countries are guided by. Despite this, the budgets of EU countries lose a certain amount each year from corruption schemes in the economic sphere. The aim of the article is to study the theoretical and institutional foundations of anti-corruption policy as a component of the fight against shadow economy to update the powers of relevant authorities in terms of their implementation in international anti-corruption standards in the economic space. In Ukraine, anti-corruption policy is implemented in the context of the creation of an institutional system to prevent and combat corruption, which includes specialized organizations, legislation, the formation of special mechanisms to prevent and combat corruption, etc. At present, the following bodies have already been established and are functioning in Ukraine: National Agency on Corruption Prevention (NACP), National Anti-Corruption Bureau of Ukraine (NABU), Specialized Anti-Corruption Prosecutor's Office (SAPO), Asset Recovery and Management Agency, High Anti-Corruption Court of Ukraine, and some tasks in the field of combating corruption are performed by the prosecutor's office and the National Police of Ukraine. The State Financial Monitoring Service of Ukraine collects, analyzes and publishes information on suspected cases of withdrawal of funds of possible criminal origin. The results of the conducted research indicate that most of the goals set by the Anti-Corruption Strategy for 2014-2017 were not achieved in the previous years. Consequently, measures should continue to be taken both to increase the effectiveness of institutional mechanisms for preventing and countering corruption and to eliminate corruption risks in different sectors (primarily those where there is a high experience of corruption and/or the worst perception of corruption of the institutions involved). The combination of both approaches can give the greatest result in reducing the level of corruption in the coming years, so this is the basis of the proposed draft concept of anti-corruption policy for 2020-2024. The implementation of international standards contributed both to the development of the system of prevention and counteraction to corruption (including specialized institutions) and to the reduction of corruption in some sectors by eliminating corruption risks, which were systemic and structural in nature. Further implementation of these commitments and intentions will have a positive impact on reducing corruption and demonstrates the political will at all levels to achieve tangible results of implementing anti-corruption policies.