scholarly journals PECULIARITIES OF ESTABLISHING RESPONSIBILITY FOR FINANCIAL CRIMES IN SELECTED COUNTRIES OF THE EURO-ASIAN REGION

2018 ◽  
pp. 33-42
Author(s):  
Valery Fedorovich Lapshin
Keyword(s):  
Criminal Responsibility ◽  
Legal Protection ◽  
Developed Countries ◽  
The State ◽  
Economic Behavior ◽  
Economic Relations ◽  
Asian Region ◽  
Financial Crimes ◽  
Financial Interests ◽  
Criminal Legislation

At present, the reform of domestic criminal legislation is being carried out with a view to mitigating responsibility for certain crimes that do not involve causing physical or property harm to a citizen. The most attractive in this part are the criminal-legal prohibitions in the sphere of economic activity. But the public danger of certain economic (financial) crimes, which harm the state interests, even in the current criminal legislation of Russia can be recognized as undervalued. Therefore, the implementation of a policy of mitigating criminal responsibility requires extreme selectivity, so as not to deprive the criminal-legal protection of really meaningful economic relations. To do this, it is necessary to study the experience of criminal legal protection of financial relations, which already exists in the economically developed countries of the Euro-Asian region. The results of their development testify to the successful solution of the problem of finding a balance between the necessary criminalization of socially harmful economic behavior and ensuring the proper protection of the financial interests of society and the state. Certain mechanisms for protecting financial interests can be considered as a matter of reception in the Russian criminal law.

scholarly journals MEANS OF DIFFERENTIATION OF RESPONSIBILITY FOR IMPLEMENTATION OF FINANCIAL CRIMES

2018 ◽  
pp. 113-123
Author(s):  
VALERY LAPSHIN
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Legal Protection ◽  
Economic Crime ◽  
Forecasting Method ◽  
Financial Crimes ◽  
Criminal Legislation ◽  
Economic Crimes

Introduction: modern criminal legislation in terms of ensuring the criminal-legal protection of financial relations needs substantial processing. This is due to the unsatisfactory quality of the differentiation of criminal responsibility carried out for committing socially dangerous encroachments on financial relations. This circumstance is an artificial obstacle to the application of the criminal law with a view to preventing economic (financial) crime. Methods: dialectical, comparative legal, logical, system analysis and forecasting method. Analysis: the state of the differentiation of the responsibility, defined by the legislator for the commission of financial crimes, can be considered unsatisfactory for a number of reasons. Firstly, the established responsibility for certain financial crimes does not reflect the significant public danger that is inherently inherent in financial crimes. Secondly, criminalization of separate, previously unknown to the Russian criminal law, acts committed in the financial sector, has complicated enforcement activities of law enforcement and judicial authorities since the emergence undue competition with other norms of responsibility for crimes in the sphere of economic activity. Thirdly, the extension provided for by the criminal law of the possibility of release perpetrators financial and other economic crimes, negative impact on the prevention of economic crime. Results: the study made a number of proposals to waive inclusion in the domestic criminal law of duplicate rules on liability for financial crimes, to reduce the possibility of release from liability for committing financial crimes, as well as the technique of forming the rules of sanctions on the responsibility for committing both financial and economic crimes in general.

PROBLEMS OF THEORY AND PRACTICE OF GOVERNMENTAL PROTECTION OF RIGHTS AND INTERESTS OF MINORS

2018 ◽  
pp. 149-156
Author(s):  
Mariya Sergeyevna Semikina
Keyword(s):  
Criminal Policy ◽  
Legal Protection ◽  
The State ◽  
Theory And Practice ◽  
Normative Documents ◽  
The Family ◽  
Rights And Interests ◽  
National Programs ◽  
A Minor ◽  
Criminal Legislation

We analyze normative documents of the Russian Federation, regulating the protection of the rights and interests of a minor, allowed to form some problems of his proper legal protection. In particular, we are talking about the presence of shortcomings inherent in the domestic criminal legislation, which, of course, generates further problems of law enforcement. Attention is focused on some, in our opinion, significant shortcomings, indicating the inconsistency of the essence and content of the normative provisions of modern directions of criminal law policy in terms of protection of minors from the most common socially dangerous attacks at the present time. Special attention is paid to the effectiveness of national mechanisms to ensure and protect the rights and interests of children through the implementation of national programs and projects. The plan of the main activities up to 2020, carried out within the framework of the Decade of childhood, presented for analysis, focuses on the neutralization of social and domestic problems. The complex of diverse measures has been developed and approved taking into account modern requirements to the process of full socialization of a teenager in the family, society and the state. However, against the background of the progressing unfavorable trends in the state program, the need to focus on the mechanism of prevention and combating criminal threats, the victims of which are children, is completely ignored. In this connection, it is concluded that it is necessary to improve the legislation acting as the basis of social and criminal policy for the protection of children.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

scholarly journals MODERN TRENDS IN GOVERNANCE OF STATE OWNERSHIP RELATIONS

2020 ◽  
Vol 5 (5) ◽  
pp. 155
Author(s):  
Iurii Umantsiv ◽  
Larysa Lebedeva ◽  
Anastasiia Mytrofanova
Keyword(s):  
Economic Efficiency ◽  
Developed Countries ◽  
State Ownership ◽  
The State ◽  
Property Management ◽  
Social Efficiency ◽  
Economic Relations ◽  
The Social ◽  
Macroeconomic Indicators ◽  
Low Efficiency

Today, the diversity of functions of the state is objectively expanding, especially in the context of socially oriented economies of developed countries. Effective governance of state property serves as a solid foundation for successful performance of the state functions. The chosen topic is of particular relevance in the context of Ukraine's transformational economy. The subject of research is the system of economic relations of state property. Methodology. In the course of the study, a general philosophical dialectical method was used to find contradictions in the phenomena and sources of their development, such as the essence of state property and its contents. Common scientific methods were also used: analysis and synthesis; comparative analysis; statistical methods for calculating the structure and dynamics of indicators of condition and development of state property. The overall system for assessing the socio-economic efficiency of state property management was carried out on the basis of microeconomic indicators and macroeconomic indicators (indicators of economic and social efficiency). The purpose of the paper is to reveal the trends of development of state ownership relations in the European countries as well as in Ukraine, in particular, the difficulties of the process of managing them, as well as to formulate possible ways to overcome such difficulties. Conclusions of the study. Today, the importance of the state as a public institute is objectively increasing in the most economically developed countries. By succeeding in achieving positive institutional changes in ownership relations (creating favorable conditions for SMEs, developing market infrastructure, conducting moderate privatization of state property, transferring state-owned enterprises to market tracks, maintaining policies for protecting national interests, etc.) the grounds for economic growth and improvement of the social sphere in France and Poland were made. Though the conducted analysis showed that the development of state property in Ukraine is contradictory, it has the following problems: ambiguous character of privatization; low efficiency of state property governance; insufficient efficiency of work of enterprises with state ownership; institutional problems. Overall, the socio-economic efficiency of state property governance in Ukraine needs improvement. Thus, the state policy of property governance should include, in particular, the following steps: development of a national model of governance, as well as strategies for the development of state property; organization of state property management entities; development of a system of criteria and indicators for assessing not only the economic but also the social efficiency of state property governance.

scholarly journals Factors to influence the formation of the US foreign policy during the presidency of Bill Clinton

2017 ◽  
pp. 6-15
Author(s):  
Viktoriia Bondaruk
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Developed Countries ◽  
The United States ◽  
Bill Clinton ◽  
Us Foreign Policy ◽  
The State ◽  
Economic Relations ◽  
The Us ◽  
Definition Of

The US foreign policy serves as an example for other countries, as it is one of the most developed countries in the world. For a better understanding of the features of contemporary foreign policy, the preconditions for its formation are determined. The history of the United States of America has been analyzed, which has inevitably influenced the formation of its current foreign policy and geostrategy. The political system of the country is defined as one of the direct factors influencing the formation of foreign policy. It is revealed that the very political preconditions create the legal basis for the existence and development of foreign policy, and therefore their study is very important for a deeper understanding of the vectors, principles and means of implementing the modern foreign policy of any state, namely, the United States. The internal economic situation, structure and development of the country’s economy, as well as problems and challenges on the way to the development of the national economy that are directly relevant for defining the functions, priorities and directions of foreign policy are considered. After all, it is the economy that is one of the most important factors shaping the foreign economic strategy of the state, which is an important factor in the formation of foreign economic relations and politics in general. It is proved that the geopolitical situation is the main factor for the definition of foreign policy vectors of the state. The geographic and geopolitical location of the state, in this case, the United States, defines the directions and vectors of the foreign policy of the state. The article explores all the factors and preconditions for the formation of US foreign policy during the presidency of Bill Clinton and his predecessors.

scholarly journals International practices of using the cluster approach for the development of integration processes

2017 ◽  
pp. 69-82
Author(s):  
Eduard Karapetian
Keyword(s):  
Small Businesses ◽  
Developed Countries ◽  
Industrial Clusters ◽  
The State ◽  
Cluster Approach ◽  
Research Issues ◽  
Economic Relations ◽  
Depth Study ◽  
The Developed Countries ◽  
High Level

The research paper considers the existing approaches to defining the essence of clusterization and clusters in foreign economies, and presents the analysis of conditions leading to the emergence and development of industrial clusters. Some practices of forming cluster structures in the developed countries are described. The role of industrial clusters in providing real economic growth and increasing efficiency of production is clarified. It is proved that using the cluster approach in Ukraine is a necessary foundation for a revival of regional manufacturing and thereby ensuring a high level of the national economy’s competitiveness. The aim of the article is to undertake an in-depth study of international concepts and axiomatic doctrines of integration processes on the basis of using the cluster approaches, which may become the foundation of applied research devoted to efficient functioning of industrial associations as a priority of structural modernization and acceleration of innovation and investment growth of the national manufacturing. The cluster approach has emerged from implementing a policy of foreign countries focused on the development of regions. Implementation of clustering in international activities clearly demonstrates its advancement and efficiency. An important factor of improving efficiency is the organizational factor associated with the regional association of manufacturers. The regions in whose territories clusters are formed become leaders in national economies and foreign economic relations. The study of the basic concepts of competition and global practices of business activities allows us to conclude that the theory of cluster mechanisms serves as a basis for establishing more successful firms and economic systems. Cluster systems combine the most effective and interconnected types of economic activity by grouping successfully competing firms that form the leading component of the whole economic system of the state and create competitive positions in the sectoral, national and global markets. The cluster approach, which was originally used to research issues of competitiveness of individual groups of enterprises, subsequently have become applicable in solving a wider range of tasks: the analysis of the competitiveness of the state, region, sector; as a basis of national manufacturing policy; as a basis for the interaction of big and small businesses.

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

scholarly journals Analysis of theoretical and methodological approaches to determining the concept of "customs regimes"

2021 ◽  
Vol 2 (99) ◽  
pp. 361-372
Author(s):  
S. Iu. Sokoliuk ◽  
◽  
O. S. Tupchiу ◽  
O. V. Zharun
Keyword(s):  
Economic Activity ◽  
The State ◽  
National Interests ◽  
Economic Relations ◽  
The Status ◽  
Financial Interests ◽  
Characteristic Features ◽  
National Industry ◽  
Definition Of

The article analyzes the concept of "customs regime", characteristic features are formulated, main elements, goals and functions of customs regimes in the development of foreign economic relations. The classical classification of customs regimes under the Customs Code of Ukraine is substantiated. Based on the analysis, a position on the study concept is substantiated, the interpretation of the category "Customs regimes" is provided. The conducted research confirms that under the customs regime, we understand the set of customs procedures that establish the rules for moving goods through the customs border of Ukraine and their further use in order to ensure the interests of the state in the customs sphere. The functions of customs regimes are analyzed: fiscal, which finds its implementation in the collection of customs payments in order to ensure the financial interests of the state in foreign economic activity; stimulating, implemented by exempt from customs taxation and the use of non-tariff regulation, simplification of customs procedures in order to stimulate subjects of foreign economic activity, promoting the development of a national economy, etc.; protective, which involves the use of non-tariff regulatory measures and aims to protect the economic and other national interests of the state by introducing a licensing, quota and other non-tariff restrictions when placing goods in customs regimes; control - aimed at ensuring compliance with the norms of the current legislation of Ukraine in the customs sphere, which is implemented through specific methods and forms inherent in control in the field of public administration; the regulatory, purpose of which is to regulate the order of action when placing the goods in the customs regime associated with the direction of movement of goods through the customs border, the definition of the status of goods and operations with it, etc. According to the results of generalization, the study is substantiated by the classification of customs regimes, which includes: a) the main (import (issue for free circulation) and export) as customs regimes aimed at ensuring the state's financial interests in foreign economic activity; protection of its economic and other national interests; b) preferential customs regimes (transit, customs warehouse, free customs zone, temporary import of goods to customs territory and exports at its boundaries, processing in customs territory and abroad), the purpose of applying which is to stimulate the subjects of foreign economic activity of the state, development of the national industry, promoting international trade, economic relations and relationships in the humanitarian sphere; c) special customs regimes (Repimport, re-export, duty-free trade, destruction or destruction and refusal of the state) that are not provided for by the European Union's customs law and in its essence or are auxiliary, or such that define certain signs of goods.

scholarly journals Civil society in the context of tourism institute development

2021 ◽  
Vol 70 (3) ◽  
pp. 22-32
Author(s):  
Yu. Karpenko ◽  
M. Logvyn ◽  
L. Stepanova
Keyword(s):  
Civil Society ◽  
Civil Rights ◽  
Social Institutions ◽  
Developed Countries ◽  
The State ◽  
Self Organization ◽  
Mutual Understanding ◽  
Tertiary Sector ◽  
Economic Relations ◽  
Definition Of

Approaches and definition of the civil society phenomenon in the context of comprehension and interconnection with institution of tourism are generalized. The carried out analysis results in to conclusion that civil society is a sphere of society endowed with principle supremacy over the state, acts independently within its legal field, but at the same time interacts with it. In particular, tourism makes it possible to implement effectively the principles of equality, non-discrimination of human and civil rights and freedoms, to realize the values of civil society and the need for its sustainable development. Civil society is viewed through the system of connections, relationships and interactions of society members, which is formed as a result of their self-organization for self-preservation in order to protect and completely realize their interests and rights. Tourism is developing as a system that affects the quality and meaning of people's lives, by creating opportunities for them to soak up the history, culture, customs, and values in order to deepen the dialogue of civilizations, to achieve mutual understanding between countries and people. In addition, tourism refers to the tertiary sector of the economy, which in the economically developed countries has the largest number of employees and is growing at the fastest pace since it interacts with the largest number of other economy sectors and accelerates the growth of the latter. The set of social institutions and practices are created and functioning to spread the relevant values and virtues, which include the institution of tourism in particular. It is proved that one of the conditions for civil society existence is the availability of effective social institutions of the state created and functioning for spreading the relevant values and virtues. Such institutions include the institution of tourism, which activities are aimed at structuring and coordinating economic relations in order to ensure their effectiveness, achieving major socio-political goals, reducing uncertainty in relations, reaching unity and consensus, promoting conflict resolution and overcoming contradictions in economy.

scholarly journals PENERAPAN TEORI PERLINDUNGAN HUKUM TERHADAP HAK CIPTA ATAS PENYIARAN

2020 ◽  
Vol 18 (1) ◽  
Author(s):  
Annisa Justisia Tirtakoesoemah ◽  
Muhammad Rusli Arafat
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
National Income ◽  
Legal Protection ◽  
Developed Countries ◽  
Economic Benefits ◽  
The State ◽  
Copyright Holder ◽  
The Government

<p><em>Intellectual property rights by nature provide economic benefits to the creator or holder of copyright and also to the state. Among the European countries that are members of the Euroean Union (EU) and in America, this awareness of economic benefits has been firmly planted. In these developed countries, several economic studies have been conducted which have proven the rapid growth of copyright contribution to the national income of the country. The need to recognize, protect and reward individuals or companies for their inventions and access to their work for the benefit of humans is beginning to be felt in Indonesia. In the context of copyright ownership over anything related to intellectual property rights, the law acts and guarantees the creator to control and enjoy exclusively the results of his work and if necessary with the assistance of the state for law enforcement. The results showed that legal protection can be carried out with supervision by the government and involves legal entities that already have the authority, socializing both the creators of a work or the copyright holder of a related rights product on the importance of registering or recording the work and the copyright holder submits lawsuit to the Commercial Court.</em></p><p><strong><em>Keywords:</em></strong></p><p><em><em>Legal Protection, Intellectual Property Rights, Copyright, Legal Entity</em><br /></em></p>

Sign in / Sign up

Export Citation Format

Share Document