scholarly journals CRIMINAL RESPONSIBILITY FOR TERRORISM

2021 ◽  
Vol 1 (91) ◽  
pp. 30-36
Author(s):  
Angelina Else
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
International Terrorism ◽  
The European Union ◽  
Terrorism Financing ◽  
Legislative Framework ◽  
Financing Of Terrorism ◽  
Definition Of ◽  
The Impact

Acts of terrorism often result in fatalities, but the impact of terrorism is not limited to loss of lives. Terrorism acts can disturb or suspend the peace process; they cause, lengthen, or deepen conflicts and escalate violence. In addition, terrorism has an effect on the economy of the state, given that combatting of terrorism requires significant temporal and financial resources.The threat posed by international terrorism not only constitutes one of the biggest challenges that the world and Europe in particular is currently facing, but also affects the security and economic interests of the Latvian nationals. In addition, terrorism-related crimes threaten the security of not only separate states, but that of the entire international community as well.In the view of the author, the relevance of the topic is illustrated by the fact that 23 May 2018, saw the Criminal Act of Latvia being complemented by a new (IX1) section on “Crimes Related to Terrorism”, thereby underscoring the preparedness of Latvia to adjust its legislative framework in order to avert possible threats of terrorism. The new version of the law sees terrorism, financing of terrorism, invitation to terrorism and terrorism threats, recruitment and training of persons for terrorism, travelling for terrorism purposes, and justification of terrorism classified as criminal offences.Author has chosen the topic of terrorism with the aim of exploring the definition of terrorism and its depiction in international and Latvian law, as well as analysing the criminal liability for terrorism prescribed by the Latvian law and determining the issues associated with the classification of terrorism.The paper consists of introduction, three chapters, and conclusion. In the first chapter, the definition of terrorism is considered. The second chapter is devoted to the analysis of criminal liability for terrorism under the Latvian law, and the third chapter – to the issues associated with the classification of terrorism. Finally, conclusions with respect to the threats posed by terrorism to the European Union and Latvia are drawn.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

scholarly journals Criminal Liability of Medical Profecionals Negligience: Comparative Analysis

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 251-263
Author(s):  
Kateryna Danchenko ◽  
Olga Taran
Keyword(s):  
Comparative Method ◽  
Criminal Liability ◽  
The United States ◽  
Medical Professionals ◽  
The European Union ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Medical Office ◽  
The Us ◽  
The Impact

The purpose of this article is to study the criminal liability of medical professionals in cases of suspension, in accordance with jurisprudence in Ukraine, the European Union and the United States of America (USA). He made the comparative method. According to the investigation, the number of criminal proceedings in Ukraine by the authority and misconduct of medical doctors is about 2% per population, my figure that rises to 30% in Europe and is the stable yes in the US and is 28%. 32%. The main objective of the article is often area identify specializations in the medical office occurs with the mayor based on Ukrainian jurisprudence (data from Ukraine’s only state judicial decision register from 2016 to 2019). In addition, the study analyses the impact of the main influences on the ability of medical professionals for their professional functions. From counting the results show that surgeons, gynecologists, paramedics, and anesthesiologists are the most prone to deviation and medical error. Key proposed criteria have been proposed as medical errors differ from medical writing.

scholarly journals Combating money laundering and terrorism financing instructions in Jordan

2018 ◽  
Vol 13 (3) ◽  
pp. 81-94
Author(s):  
Walid Muhammad Masadeh ◽  
Abdullah Tayel Al Hassan
Keyword(s):  
Central Bank ◽  
Money Laundering ◽  
Practical Application ◽  
Related Data ◽  
Cooperation Level ◽  
Terrorism Financing ◽  
Financing Of Terrorism ◽  
High Level ◽  
The Impact ◽  
Combat Money Laundering

This study aims to identify the extent of the response of operating banks in Jordan to the anti-money laundering and terrorism financing instructions set by the Central Bank of Jordan, and to enumerate the effectiveness of these sets of laws, the echelon of cooperation with the relevant government agencies and the impact of contiguous political and security conditions on the anti-money laundering and financing of terrorism. To attain the objectives of this study and to test its hypotheses, a descriptive analytical method was followed based on related data of the Central Bank instructions and the engaged procedures by operating banks to combat money laundering and financing of terrorism. Therefore, a questionnaire was designed and distributed to the managers of anti-money laundering departments in operating banks in Jordan. The study shows various outcomes, the most important is the high responding of operating banks in Jordan to the instructions of the anti-money laundering and terrorism financing issued by the Central Bank of Jordan. The existence of practical application of money laundering and terrorism financing instructions fights against money laundering and terrorism financing in banks in Jordan at a soaring level. In addition to the functional cooperation by the competent governmental authorities in the fight against money laundering and terrorism financing, this study introduces a set of recommendations to reinforce the cooperation level for every related party to achieve a high level of cooperation in the field of the anti-money laundering and financing terrorism.

E pluribus unum? Language diversity and the harmonization of company law in the European Union

2019 ◽  
Vol 26 (5) ◽  
pp. 669-690
Author(s):  
Federico M Mucciarelli
Keyword(s):  
European Union ◽  
Case Studies ◽  
Company Law ◽  
Language Diversity ◽  
The European Union ◽  
Freedom Of Establishment ◽  
First Case ◽  
Definition Of ◽  
The Impact

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.

Unregulated Algorithmic Trading: Testing the Boundaries of the European Union Algorithmic Trading Regime

2020 ◽  
Vol 6 (2) ◽  
pp. 270-305
Author(s):  
Clara Martins Pereira
Keyword(s):  
European Union ◽  
Equity Markets ◽  
Algorithmic Trading ◽  
Market Quality ◽  
Financial Instruments ◽  
The European Union ◽  
New Type ◽  
Definition Of ◽  
The Impact ◽  
Trading Regime

Abstract Trading in modern equity markets has come to be dominated by machines and algorithms. However, there is significant concern over the impact of algorithmic trading on market quality and a number of jurisdictions have moved to address the risks associated with this new type of trading. The European Union has been no exception to this trend. This article argues that while the European Union algorithmic trading regime is often perceived as a tough response to the challenges inherent in machine trading, it has one crucial shortcoming: it does not regulate the simpler, basic execution algorithms used in automated order routers. Yet the same risk generally associated with algorithmic trading activity also arises, in particular, from the use of these basic execution algorithms—as was made evident by the trading glitch that led to the fall of United States securities trader Knight Capital in 2012. Indeed, such risk could even be amplified by the lack of sophistication of these simpler execution algorithms. It is thus proposed that the European Union should amend the objective scope of its algorithmic trading regime by expanding the definition of algorithmic trading under the Markets in Financial Instruments Directive (MiFID II) to include all execution algorithms, regardless of their complexity.

scholarly journals Relations of crimes of different gravity degree in the Criminal code of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 153-157
Author(s):  
Oleksandra Skok ◽  
Inna Shylo
Keyword(s):  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offenses ◽  
Special Part ◽  
The Law ◽  
The Impact

The article deals with the classification of criminal offenses in the current Criminal Code of Ukraine. All the crimes, the responsibility for which are established in the Special part of the Criminal Code of Ukraine, are analyzed and on the basis of this detailed description of crimes of small gravity, crimes of moderate gravity, serious and especially serious crimes is carried out. According to Art. 12 of the Criminal Code of Ukraine, depending on the severity of the crimes are divided into crimes of small severity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. This is the norm of the current Criminal Code acquired in accordance with the Law «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Offenses in the Field of Economic Activity» of November 15, 2011 No. 4025-VI. The percentage of different categories of crimes has been analyzed and the impact of the severity of crimes on some criminal liability issues has been determined. A study of the ratio of minor crimes to other categories of crimes showed that minor crimes constitute a fairly significant category of crimes, compared to others, namely 24.9%. In the Special Part of the Criminal Code, there is a «sharp jump» from the category of minor crimes to the category of especially serious crimes, which is connected with the occurrence of especially grave consequences in the qualified criminal offenses.

scholarly journals An overview on Individual Criminal Liability for Crime of Aggression

2021 ◽  
Vol 5 (1) ◽  
pp. 433-444
Author(s):  
Asif Khan ◽  
Shaukat Hussain Bhatti ◽  
Abid Shah
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
International Criminal Law ◽  
Historical Background ◽  
Proper Definition ◽  
Definition Of ◽  
Individual Criminal Responsibility

Over the last few years, international criminal law has included an internationally recognized definition of the crime of aggression. One may sight the respective portion from part two (Jurisdiction, Admissibility and Applicable Laws) Article 8 of the respective document. The purpose of this research represents the historical background of individual criminal responsibility under international law and the concept of individual criminal accountability for the crimes falling under the ambit of international criminal law committed by persons. Whereas the idea of how an individual could be brought to justice, for one of the core crimes of ICC's statutes, i.e., crime of aggression, was recently adopted and envisaged into Rome statutes, after the Kampala conference 2010. The concept of individual criminal responsibility for the crime of aggression faced many difficulties in at-least adopting its proper definition, which was leftover for future when Rome statue was formulated. To keep pace, this concept needs further evolution. Such an evolution demands such a condition wherein while granting the characteristics of adaptability with the contextual conditions and principles of criminal law. This article explores the anatomy of the crime of aggression and highlights issues that remain to be resolved

scholarly journals The Practice of Detecting and Investigating by the Investigative Bodies of the Investigative Committee of the Russian Federation of Legalization (Laundering) of Proceeds of Crime and Terrorism Financing

Lex Russica ◽  
2021 ◽  
pp. 9-15
Author(s):  
A. I. Bastrykin
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Illegal Gambling ◽  
Digital Currency ◽  
Educational Structures ◽  
Terrorism Financing ◽  
Proceeds Of Crime ◽  
The Russian Federation ◽  
Financing Of Terrorism

The paper examines countering extremism, terrorist crimes, as well as legalization (laundering) of proceeds of crime, as an important element of comprehensive measures undertaken to ensure national security. These crimes constitute global threats, and their suppression is one of the priorities of the Investigative Committee of the Russian Federation. It should be emphasized that the public danger of legalization (laundering) of proceeds of crime lies in the fact that it undermines the country’s financial system by means of providing the material basis for corruption and terrorism.In modern conditions, the risks of legalization of proceeds of crime, as well as the use of digital currency for illegal or criminal purposes, may arise, for example, when converting digital currency. In view of this, according to the author, it is necessary to establish clear criteria for transactions for which criminal liability for the illegal use of digital currencies may arise, including cases when the digital currency acts as a means of payment for the illegal circulation of weapons, drugs or other items, for the circulation of which criminal liability is established, as well as when illegal gambling or illegal banking are organized. With this in mind, there is a need to introduce criminal liability for illegal circulation of a digital currency and violation of the rules for making transactions with it.One of the main tasks in the field of preventing financing of terrorism and extremism is to counter the spread of radical ideology. To effectively solve this problem, it is required to apply an integrated approach, and, above all, active participation in this process of not only state authorities, but of various institutions of civil society, the scientific community, educational structures, public and religious organizations, as well as the mass media.

scholarly journals Global terrorism threat: current situation and preventive measures

2021 ◽  
pp. 41-53
Author(s):  
Lyubov' Ivanovna Popova
Keyword(s):  
Secondary Data ◽  
Criminal Activity ◽  
International Terrorism ◽  
Member States ◽  
Terrorist Activity ◽  
Global Terrorism ◽  
Financing Of Terrorism ◽  
Definition Of ◽  
Global Threat ◽  
Terrorist Acts

This article conducts a comprehensive analysis of the phenomenon of global terrorism threats, as well as provides scientific definition of its key elements that pose challenges to the modern systems of state and national security. The goal of this research is to examine the various aspects of manifestations of terrorism as a threat to international security, and discuss ways of countering terrorism. Relying on numerous empirical research, the author employs innovative approaches towards formulating the definitions of terrorism as a global phenomenon. The article considers the socioeconomic, regional, historical-legal, and customs aspects of modern international terrorism are considered; as well as provides research provisions on the methods for detecting terrorist threats. The article uses various approaches towards definition of the concept of terrorism, and identifies the problems of terminology. The author touches upon the question of correlation between different types of criminal activity for the organization and execution of terrorist acts; describes the trends of modern terrorism; reveals the essence, prerequisites and objectives of terrorism as a global threat. The empirical part of research is based on the secondary data. The author summarizes the results of sociological surveys; examines the characteristics and evolution of personality of a terrorist; defines the criteria for comparison of the world’s countries by the level of terrorist activity. The average index of terrorist activity for macrogeographic regions and member-states of the Eurasian Economic Union is calculated. Special attention is given to the relevant questions of financing of terrorism, classification of the sources of funds received by the terrorist organizations and allocation of these funds. The article determines the role of customs in counteracting the manifestations of terrorism, and the key measures for observance of the UN resolution. The author substantiates the use of comprehensive approach towards the methods and means of counteracting the manifestations of terrorism; and formulates recommendations on the development of concerted strategies for countering terrorism in the EAEU member-states.

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