scholarly journals The role of operational and investigative activities in identifying, investigating and disclosing the unlawful benefit of service persons

2019 ◽  
pp. 100-109
Author(s):  
I. Sukhachova

It is necessary that with the adoption of the CPC of Ukraine in 2012, which introduced the Institute of Secret Investigative (covert) actions and with the introduction of the amendments and additions to the law of Ukraine "on operational-search activity", significantly changed the relationship between Investigative activities and criminal proceedings. The current legislation, in contrast to the previous one, provides for the possibility of using the operational investigative materials only at the initial stage of the pre-trial investigation and only in some cases – on the future (at the search ad Suspect). At the same time, in practice, in some cases, the use of operational investigative materials for the initiation of pre-trial investigation was unjustified, which is one of the reasons for failure to detect, investigate and disclose the receipt of Undue benefit of official persons. The purpose of the article is reveals the role of operational and investigative activity in detection, investigation and disclosure of illegal benefit. The list of grounds for the HORDES and sources of obtaining relevant information is revealed. It is concluded that the assessment of material HORDES is to determine the degree of conformity (inconsistency) Act (events), information about which (Y) received and recorded in the materials of ORD, criminal legal norm, which sets the signs of illegal benefits. The assessment of the ORD's materials envisages establishing the legality of obtaining materials by the Operational division, adherence to the established procedure of registration, transfer of materials and suitability of their use (regarding affiliation, admissibility and reliability) in the Criminal proceedings. Such an estimation of the ORD materials, which are directly involved in the materials of pre-trial investigation, is of particular importance. Noted that the current criminal procedural law does not contain the notion of operational and investigative activities, but defines only the directions of their use, which complicates their use in criminal proceedings. In the current CPC of Ukraine, the legislator does not provide for the identification of reasons and grounds for initiating pre-trial investigation. Operational investigative materials to start pre-trial investigation can only be realized through such an excuse as an independent identification by an authorized person from any source of circumstances that may indicate the committed criminal (Part 1 of Article 214 of the CPC of Ukraine). It is concluded that, despite the fact that the Institute's role of Covert investigative investigative actions is constantly growing in criminal proceedings as one of the main means of obtaining evidence in criminal proceedings on the receipt of unlawful benefit by the service person. , however, the role of operational and investigative activities also continues to play an important role in identifying, investigating and disclosing the crime in the current CPC of Ukraine. The existence of two jurisdictions of the unspoken detection, investigation and disclosure of crimes, including the receipt of illegal benefit by the official, is not effective and needs to be in the long run of merging the functions of HORDES and pre-trial investigation into investigative Activity.

2008 ◽  
pp. 61-76
Author(s):  
A. Porshakov ◽  
A. Ponomarenko

The role of monetary factor in generating inflationary processes in Russia has stimulated various debates in social and scientific circles for a relatively long time. The authors show that identification of the specificity of relationship between money and inflation requires a complex approach based on statistical modeling and involving a wide range of indicators relevant for the price changes in the economy. As a result a model of inflation for Russia implying the decomposition of inflation dynamics into demand-side and supply-side factors is suggested. The main conclusion drawn is that during the recent years the volume of inflationary pressures in the Russian economy has been determined by the deviation of money supply from money demand, rather than by money supply alone. At the same time, monetary factor has a long-run spread over time impact on inflation.


Author(s):  
Michael Adusei ◽  
Beatrice Sarpong-Danquah

Abstract We test the effect of institutional quality on capital structure in the microfinance setting. In doing this, we rely on data from 532 microfinance institutions (MFIs) located in 73 countries dotted across the six microfinance regions in the world. We observe that institutional quality exhibits a robust negative and statistically significant relationship with capital structure in both the short and long run, implying that MFIs in countries with a better institutional environment are less likely to utilize more debt. Our moderation analysis furnishes us with evidence that the presence of women on the board of an MFI significantly moderates the relationship between institutional quality and its capital structure. We show that in the presence of more female representation on the boards of MFIs, the tendency of MFIs using less debt is higher.


Author(s):  
Ronald Rateiwa ◽  
Meshach J. Aziakpono

Background: In order for the post-2015 world development agenda – termed the sustainable development goals (SDGs) – to succeed, there is a pronounced need to ensure that available resources are used more effectively and additional financing is accessed from the private sector. Given that traditional bank lending has slowed down, the development of non-bank financing has become imperative. To this end, this article intends to empirically test the role of non-bank financial institutions (NBFIs) in stimulating economic growth.Aim: The aim of this article is to empirically test the existence of a long-run equilibrium relationship between economic growth and the development of NBFIs, and the causality thereof.Setting: The empirical assessment uses time-series data from Africa’s three largest economies, namely, Egypt, Nigeria and South Africa, over the period 1971–2013.Methods: This article uses the Johansen cointegration and vector error correction model within a country-specific setting.Results: The results showed that the long-run relationship between NBFI development and economic growth is relatively stronger in Egypt and South Africa, than in Nigeria. Evidence in respect of Nigeria shows that such a relationship is weak. The nature of the relationship between NBFI development and economic growth in Egypt is positive and significant, and predominantly bidirectional. This suggests that a virtuous relationship between NBFIs and economic growth exists in Egypt. In South Africa, the relationship is positive and significant and predominantly runs from NBFI development to economic growth, implying a supply-leading phenomenon. In Nigeria, the results are weak and mixed.Conclusion: The study concludes that in countries with more developed financial systems, the role of NBFIs and their importance to the economic growth process are more pronounced. Thus, there is need for developing policies targeted at developing the NBFI sector, given their potential to contribute to economic growth.


2012 ◽  
Vol 13 (1) ◽  
pp. 123-136 ◽  
Author(s):  
P.K. Mishra

Mutual funds allow for portfolio diversification and relative risk aversion through collection of funds from the households and investment of the same in the stock and debt markets. In this process, mutual funds industry plays the most important role of a resource mobilizer. As a resource mobilizer, the industry collects the investible surpluses from the surplus-spending units and channelizes the same to the deficit-spending units of an economy. Such a function has wide relevance for a developing country like India. Arguably, mutual funds industry as a resource mobilizer appears to contribute to real economic growth of a country by reducing the transaction costs and raising the purchasing power of the investors. Thus, this article is an attempt to investigate the dynamics of the relationship between gross funds mobilized by mutual funds and the real economic growth of a developing country like India for the period 1970–71 to 2008–09. Using the time series econometric techniques of cointegration and error correction estimates, the study concludes that the growth in real gross domestic product Granger causes gross resource mobilization by mutual funds in the long run, but not in the short run. This finding supports the demand-following hypothesis and thus, the policy implication is that the real economic growth of India may be considered as the policy variable to augment the resource mobilization by mutual funds.


2021 ◽  
Vol 67 (1) ◽  
pp. 147
Author(s):  
Panky Tri Febiyansah ◽  
Bintang Dwitya Cahyono ◽  
Rio Novandra

This paper aims to test the impact of uncertainty on the causal relationship among exports, imports, and economic growth in Indonesia. The relationship is constructed by examining the presence of FDI-adjusted exports and imports (trade) and the output link using conditional variances-covariances derived from the generalized autoregressive conditional heteroskedastic (GARCH) process in a vector error correction model (VEC-GARCH model). Using evidence in Indonesia, the model exposes the uni-directional nexus from trade performance to trade-adjusted output growth in the absence of uncertainty. The volatility effects are evident in the causal relationship between trade and output. The finding shows that the uncertainty effects hamper the trade-economic growth nexus. Incorporated with the long-run causality, trade still causes output even after containing the contributions of volatility. The significant role of imports highlights the higher demand for intermediate capital products and the inclusion of technology in strengthening economic growth.


Lex Russica ◽  
2020 ◽  
pp. 84-92
Author(s):  
V. I. Przhilenskiy

The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people’s actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.


2021 ◽  
Vol 16 (2) ◽  
pp. 114-124
Author(s):  
S. O. Makhtyuk

The paper demonstrates the connection between law and economics. The criminal procedure is considered from new positions of economic regulation. The main narrative of the work is the possibility and necessity of perceiving criminal proceedings as a system that exists not only according to the laws of jurisprudence. The importance of the synthesis of criminal procedural law and economics is dictated by the modern level of development of scientific knowledge, technologies and ideas. The traditional division of sciences is gradually giving way to complex, interdisciplinary research. The activity of subjects of criminal proceedings is no exception. The existing reality dictates: the investigation of criminal cases is a criminal procedural services provided by the investigation, prosecutor’s office and court on behalf of the state. Interaction with the consumers of these services in the person of citizens and the organization, the order and mechanism of cooperation of the competent authorities themselves with each other — this understanding makes the use of economic laws justified for the most effective criminal proceedings. The presented study makes it possible to re-evaluate the qualitative volume of criminal proceedings and offers a topical discourse on the role of seemingly completely different sciences in solving the problems of criminal justice. A distinctive feature of the work is the use of modern opinions, sources and materials in the preparation of the theses outlined in it.


2020 ◽  
Vol 11 (03) ◽  
pp. 2050010
Author(s):  
Sheunesu Zhou ◽  
D Tewari Dev

Shadow banking has become an important part of many financial systems despite having contributed to the financial crisis of 2008/2009. This study analyzes the relationship between shadow banking and economic growth using a panel of 28 developed and emerging economies. We employ panel feasible GLS technique and find a positive association between shadow banking and economic growth in the long-run. Further, we test for the Finance–Growth relationship using Granger causality tests and find a bi-directional relationship between shadow banking and economic growth. Stock market development and bank credit also have positive bi-directional relationships with economic growth. Our findings emphasize the role of financial innovation in enhancing economic performance given a stable regulatory environment. We suggest regular review of macro-prudential policy to carter for new financial activities and also to allow for development of new financing techniques.


2021 ◽  
Vol 28 ◽  
Author(s):  
Hao Wei ◽  
Zhen Li ◽  
Fang Liu ◽  
Yang Wang ◽  
Shi Ding ◽  
...  

Background: A malignant tumor is a disease that seriously threatens human health. At present, more and more research results show that the pathogenesis of different tumors is very complicated, and the methods of clinical treatment are also diverse. This review analyzes and summarizes the role of fat mass and obesity-associated (FTO) genes in different tumors and provides a reference value for research and drug treatment methods. Method: We conducted a comprehensive literature search using the database. According to the article's primary purpose, irrelevant articles were excluded from the research summary and included in the relevant articles. Finally, the relevant information of the article was summarized. Result: In this article, the relationship between malignant tumors and FTO is introduced by citing many documents. In addition, the inhibitors that act on FTO are listed. Conclusion: This article has shown that FTO protein is a demethylase that can regulate N6-methyladenosine (m6A) levels in mRNA and plays a crucial role in the progression and resistance of various tumors such as leukemia, breast cancer, and lung cancer.


2020 ◽  
Vol 7 (1) ◽  
pp. 98-105
Author(s):  
Nikolay N. Kovtun

This work critically assesses the legal nature and practice of the institution of bringing as a defendant in criminal proceedings in Russia, particularly in its relation to the substantive legal act of bringing to criminal responsibility. The author argues that, due to the general bureaucratization of the process, both the first and second acts have actually lost their original purpose to be the determining material and procedural guarantee of individual and justice in criminal proceedings. Objectifying as a legal fiction, the act of bringing the accused as an accused in the doctrine of Russian criminal procedure law, done directly in practice, is increasingly characterized as an accusation of duty, initial, intermediate, and final, which respectively form the ideas of duty, intermediate, initial, and investigative-final criminal prosecution. This negates the role of the named defining acts. Hence, the paper suggests an optimal mechanism for their implementation according to the purposes and tasks of substantive and procedural law


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