Sources of criminal law in the area of responsibility for economic crimes in Russia and Italy

2019 ◽  
Vol 26 (4) ◽  
pp. 1095-1106
Author(s):  
Georgy Rusanov
Keyword(s):  
Criminal Law ◽  
Design Methodology ◽  
Constitutional Court ◽  
Court Decisions ◽  
Content Type ◽  
Economic Relations ◽  
Judicial Practice ◽  
Criminal Legislation ◽  
Economic Crimes ◽  
Italian Legislation

Purpose The purpose of this study is to investigate the sources of criminal law in the area of responsibility for economic crimes in Russia and Italy. Design/methodology/approach This study is based on the study of five types of sources of criminal law: criminal legislation, legislation of other branches of law in the sphere of regulation of economic relations, legislation of other branches of law in the sphere of protection of economic relations, judicial practice and customs. Findings Based on the study of Russian and Italian legislation were revealed: in general, that systems of sources of criminal law in Italy and Russia are similar and based on the legislation. Originality/value This is explained by the fact that both countries are close to the Roman-Germanic legal system. It is also an important legislation of other branches of law. It consists of regulatory and protective norms of other branches of law. Court decisions, including decisions of the Constitutional Court and some legal positions of other vessels, are also considered as sources of criminal law.

Perpetrators of corporate crimes in commercial organizations in Italy and Russia

2020 ◽  
Vol 28 (1) ◽  
pp. 120-130
Author(s):  
Georgy Rusanov
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Content Type ◽  
The Russian Federation ◽  
Commercial Organizations ◽  
Criminal Legislation ◽  
Economic Crimes ◽  
Official Status ◽  
Italian Legislation

Purpose The purpose of this paper is dedicated to the features of subjects of official crimes in commercial organizations in accordance with the laws of Italy and Russia. Design/methodology/approach Based on the study of Russian and Italian legislation, it was revealed that the Italian criminal law provides for a more extensive system of the criminal law provisions on liability for corporate economic crimes. Findings These norms are in various normative legal acts (civil legislation, separate legislative acts). In the Russian criminal legislation, the norms in the sphere of corporate crimes in the sphere of economy are systematized and are located in a separate chapter of the Criminal Code of the Russian Federation. At the same time, the list of acts for which liability is provided is significantly narrower than in the Italian criminal law. Originality/value In general, the institute of criminal liability for subjects of economic crimes with special features is adopted and developed as in the Russian criminal law as in the Italian criminal law. The existence of this institution shows the awareness by legislators of the increased danger to the society of such persons’ actions owing to the fact that the existence of the official status, special powers of certain duties or the lack of an appropriate indication on the contrary allows such a person to commit an act that is not available to other persons.

Documentary letter of credit fraud under criminal law regime in England and China

2014 ◽  
Vol 21 (4) ◽  
pp. 433-446 ◽  
Author(s):  
Yanan Zhang
Keyword(s):  
Criminal Law ◽  
Relevant Literature ◽  
Future Research ◽  
Court Cases ◽  
Criminal Cases ◽  
Content Type ◽  
Letter Of Credit ◽  
Cross Border ◽  
Judicial Practice ◽  
Economic Crimes

Purpose – The purpose of this paper mainly is to examine the relevant rules concerning documentary letter of credit (L/C) fraud under criminal law in England and China. Design/methodology/approach – The paper analyses the regulations about such crime and relevant literature. Findings – The similarities and differences of such rules have been identified briefly. L/C fraud is considered a conduct crime; and unspecific or vague provisions concerning this crime may cause difficulties of application in judicial practice in both England and China. But the possible punishment for L/C fraud criminals under Chinese criminal law seems more severe than that under English law. Dealing with L/C fraud in international trade under national criminal laws is not effective. Regional and international efforts on legal assistance in cross-border criminal cases still remain to be improved. Research limitations/implications – The limitation is that it examines merely relevant substantial rules in legislation. This opens the paths to future research on the approach towards L/C fraud demonstrated in court cases in England and in China. Social implications – The research underlies the need to take serious attitude and make more effective efforts towards cross-border criminal cases, although different countries may have different rules concerning specific economic crimes. Originality/value – This paper fills the gap of a comparative study on how L/C is regulated under criminal law regime in England and China.

Corruption, asset origin and the criminal case of money laundering in Indonesian law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mahrus Ali ◽  
Syarif Nurhidayat ◽  
Muhammad Shidqon Prabowo ◽  
Rusli Muhammad
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
Design Methodology ◽  
Criminal Case ◽  
Court Decisions ◽  
Content Type ◽  
Crime Of Corruption

Purpose This study aims to investigate Indonesian regulation of Article 69 of the Money Laundering Criminal Act (TPPU) related to proving predicate crimes, as it leaves a debate whether it must be proven beforehand or not. Design/methodology/approach This research is a normative juridical study, in addition to examining the views of criminal law experts on the formulation of Article 69 of the TPPU Law; it is also extended to the practice of prosecution and court decisions in TPPU cases. Findings The results of this study show that there are two views related to the obligation to not prove the corruption in the ML case. The first view states that the origin of corruption must be proven, especially because ML is a follow-up crime, so it is necessary to prove corrosive crime as one of the predicate offenses. The second view states that the predicate offense of corruption does not have to be proven beforehand because TPPU is an independent offense. Originality/value This research focuses on analyzing whether or not it is obligatory to prove the original crime of corruption in the money laundering case.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

What Islamic contributions have been made to climate change action and how useful are they in promoting environmental justice?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Elle Turnbull
Keyword(s):  
Climate Change ◽  
Environmental Justice ◽  
Criminal Law ◽  
Global Climate Change ◽  
Design Methodology ◽  
Global Climate ◽  
Culturally Specific ◽  
Religious Perspective ◽  
Content Type ◽  
Global Environmental

Purpose The purpose of this study is to explore Islamic contributions to discussions on climate change action and environmental justice. The author argues that Islamic approaches to this issue provide a unique cultural and religious perspective which can effectively address the issue of climate change. Design/methodology/approach Beginning with a discussion of the concepts central to this essay, the author moves to discuss why she has chosen to move away from approaches founded in criminal law, instead of arguing that it is important to focus on culturally specific approaches to environmental justice. The author then explores some of the approaches taken by mainstream Muslim organisations working towards environmental justice. In particular, the Islamic Declaration on Global Climate Change and responses from Islamic Relief Worldwide, considering both the benefits and flaws of these approaches. Findings The author concludes by arguing that Sharīʿah has potential for developing Muslim environmental justice further, using Islamic legal rulings from Indonesia as an example. In this way, Islamic contributions can further aid global environmental justice. The author finds that culturally specific approaches to climate change, founded in legal mechanisms such as the Islamic juridical process (fiqh), have vast potential in securing environmental justice across the globe. Originality/value Islamic contributions to climate change are often relegated to the background, while approaches from the perspective of legal mechanisms and criminal law have been favoured. The author believes that an Islamic approach is not only a starkly different approach, but also one which can provide an impetus for change. This is particularly true for the contributions of Islamic jurists.

Money laundering and predicate offenses: models of criminological and legal relationships

2018 ◽  
Vol 21 (1) ◽  
pp. 22-32 ◽  
Author(s):  
Georgy Rusanov ◽  
Yury Pudovochkin
Keyword(s):  
Money Laundering ◽  
Organized Crime ◽  
Design Methodology ◽  
Statistical Data ◽  
General Structure ◽  
Criminal Record ◽  
Content Type ◽  
The Public ◽  
Crime Organization ◽  
Economic Crimes

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.

Are we any good at protecting our societies and economies from the threat of economic crime and misconduct?

2019 ◽  
Vol 26 (4) ◽  
pp. 1006-1013
Author(s):  
Domitilla Vanni
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Comparative Approach ◽  
Content Type ◽  
International Harmonisation ◽  
Close Cooperation ◽  
High Level ◽  
Taking Action ◽  
Economic Crimes ◽  
Italian Legislation

Purpose This paper aims to outline the Italian framework of rules against economic crime and to verify if Italian legislation provides for appropriate and effective measures according to own needs both at a national and European level. Design/methodology/approach The paper uses a comparative approach by examining the European and Italian legal systems for finding analogies and differences between them. Findings The study has revealed the need of a greater international harmonisation of criminal laws and penalties as well as the transnationality of the economic crime cuts the chance of success of every national strategy, given that transnational criminals are encouraged by the awareness that their cross-border activities complicate law-enforcement efforts against them. Research limitations/implications To maintain a common international level in the protection of individuals from the risk of economic crimes and to enforce the effectiveness of European and national regulations. Practical implications The achievement of a high level of protection, for public security and social cohesion, to prevent and reduce economic crimes, in particular, cybercrimes. Social implications To ensure a high level of security for the general public by taking action against money laundering, cybercrimes and other sorts of misconducts. Originality/value Fighting economic crime requires the close cooperation of law enforcements from different countries, which the traditional law enforcement institutions are not designed to provide.

The drastic change of the EU relationship with ACP countries in the context of international economic relations

2014 ◽  
Vol 13 (1) ◽  
pp. 67-79 ◽  
Author(s):  
Ana Manero Salvador
Keyword(s):  
International Economic ◽  
Design Methodology ◽  
External Action ◽  
The European Union ◽  
Content Type ◽  
Economic Relations ◽  
Documentary Sources ◽  
International Economic Relations ◽  
The Relationship ◽  
The Eu

Purpose – The aim of this paper is to analyze the adjustment of relations between the EU and ACP countries to multilateral requirements. Design/methodology/approach – Has been carried out an analysis of the previous situation, the reasons and the result of the adjustment. To do this, they have been pursued literary and documentary sources. Findings – The European Union's relations with the ACP countries have changed drastically. Now there is no unity of action of ACP, and the relations with the EU relations are atomized. Originality/value – The submitted article summarizes and critically analyzes the evolution of the European Union's relations with ACP countries. The relationship with the ACP has been historically and currently lost its specificity, so it is diluted in the context of the external action of the European Union.

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER (ARTICLE 106 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (4) ◽  
pp. 639-646
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sociological Study ◽  
Distinctive Features ◽  
Judicial Practice ◽  
Newborn Child ◽  
The Russian Federation ◽  
Legislative Structure ◽  
Criminal Legislation

This article examines the features of the Russian criminal law norm that provides for liability for the murder of a newborn child by a mother. We analyzed the data of the Judicial Department on the statistics of convicts for 2016 and 2019 under Article 106 of the Criminal Code of the Russian Federation in relation to the indicators of other privileged elements of murder, indicating the latency of this type of crime. The article also examines some features of the legislative structure of Article 106 of the Criminal Code of the Russian Federation, accompanied by examples of judicial practice. The article examines the criminal law norms providing for responsibility for infanticide, the legislation of Italy, Austria, Switzerland, Holland and Denmark, and highlights the distinctive features of Article 106 of the Russian criminal legislation. The article presents proposals for possible improvement of the norms of the Criminal Code of the Russian Federation on responsibility for the murder of a newborn child by a mother, confirmed by the indicators of a sociological study.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

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