scholarly journals Penalties for economic crimes in the criminal laws of the UK and the USA

2021 ◽  
Vol 17 (2) ◽  
pp. 37-43
Author(s):  
Anastasia K. Yakubenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
White Collar Crime ◽  
Effective Means ◽  
Criminal Activity ◽  
The United States ◽  
Economic Crime ◽  
The Usa ◽  
The Uk ◽  
Economic Crimes

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

scholarly journals SEJARAH PERTANGGUNGJAWABAN PIDANA BENEFICIAL OWNER DI INDONESIA

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Dicky J H
Keyword(s):  
Criminal Law ◽  
International Organizations ◽  
Criminal Liability ◽  
The United States ◽  
Economic Crime ◽  
Second Amendment ◽  
The World ◽  
History Of ◽  
The Uk ◽  
Legal Subjects

The history of the criminal liability of  Beneficial Owner in the World is very  influenced by the UK and the United States where in tax treaties and international organizations such as the FATF, AEOI, OECD which often use the term beneficial owner, become the basis for the development of the beneficial owner concept in the World. The history of corporate regulation as a subject of criminal law in Indonesia consists of two periods, namely the KUHP period (before the existence of laws outside the KUHP) and a period outside the KUHP (the birth of new laws that specifically regulate corporations as legal subjects, such as Law No. 7 Drt. 1955 concerning Investigation, Prosecution, Economic Crime Court, Law No. 41 of 1999 concerning Forestry, Law No. 32 of 2009 concerning Protection and Management of the Environment, Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering and Law No. 20 of 2001 on the Second Amendment to Law No. 31 of 1999 on Corruption.

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.

scholarly journals Topical issues of interaction between operational units of internal affairs bodies and tax authorities in the process of combating tax crimes

2019 ◽  
Vol 13 (2) ◽  
pp. 207-212
Author(s):  
A. Yu. Panov ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Effective Means ◽  
Modern Society ◽  
Criminal Code ◽  
Economic Crime ◽  
Joint Work ◽  
High Quality ◽  
Object Of Study ◽  
Economic Crimes

Criminal law response is not the main but rather effective means of counteracting economic crime. In this regard modern society is feeling an acute need for high-quality regulatory regulation defining certain types of economic crimes and measures of state coercion used for their perpetration. To solve this problem it is necessary to conduct research on the social and legal content of certain types of tax crimes, complex rules for constructing the compositions of these acts and the specifics of technical and legal registration of the relevant provisions of the Special Part of the Criminal Code. To achieve this goal in modern criminal law science separate groups of economic crimes are singled out as an object of study: economic, tax, credit, monopolistic, etc. In modern conditions the need for proper protection of financial relations, including criminal and legal means, becomes indisputable. However a number of relevant norms of the Criminal Code, as well as the practice of their implementation, cannot be considered satisfactory in terms of compliance with the rules of legislative technology, the validity of the differentiation of responsibility enshrined in them and, as a result, the effectiveness of the implementation of the preventive task of criminal law. Qualitative norms of criminal law, ensuring the protection of financial relations, are an important condition for the proper counteraction to crime in the tax sphere, carried out by the state in the person of investigative and judicial bodies. Representatives of commercial and other organizations as well as other economic entities are no less interested in ensuring the high quality of these criminal law norms, since it acts as the legal basis for business security from unreasonable procedural decisions. In the article taking into account modern features of legislation and law enforcement practice aspects affecting the efficiency of the organization of interaction between operational units of the law enforcement bodies and tax authorities in the process of counteracting tax crime have been considered. The typical algorithms of joint work of these subjects the problems that arise and the most promising ways to solve them are shown.

A dedicated place for volume fraud within the current UK economic crime agenda?

2016 ◽  
Vol 23 (4) ◽  
pp. 902-915 ◽  
Author(s):  
Julian King ◽  
Alan Doig
Keyword(s):  
Single Case ◽  
Effective Means ◽  
Criminal Activity ◽  
Specific Area ◽  
Cost Effective ◽  
Economic Crime ◽  
Content Type ◽  
Cost Effective Approach ◽  
Decision Making Processes ◽  
The Uk

Purpose The purpose of this study is to explore how a large UK police force – Greater Manchester Police (GMP) – sought during a period of continuing budget reductions to take a cost-effective approach to certain types of fraud through the establishment of a central Volume Fraud Team (VFT), which in turn would also have wider operational resource benefits across the force. It then explores the decision to merge that team with its existing serious and complex fraud team. Design/methodology/approach The research was undertaken over a period of two years by interview and desk review to explain the internal processes which underpinned the approach and the initial outcomes. It discusses why the approach was short lived as a consequence of other factors. Findings The paper sets out briefly the context of changes to the policing of fraud since 1979 and describes the GMP decision-making processes that established a centralised response to volume fraud and major (serious and complex) fraud. The paper assesses the available data on the approach and whether the changes facilitated a more effective means of addressing fraud and other internal policing priorities. It then discusses the decision in 2014 to merge the staff resources for volume and major frauds in response to identified policy trends in fraud investigations and changes in fraud reporting. Research limitations/implications The single case study is limited in terms of focus and in applicability to the wider law enforcement response to fraud. Practical implications The research discusses practitioner issues arising from the complexities of balancing resources and priorities against changing trends and patterns of criminal activity in a specific area of policing. Originality/value The research is an original study into the internal and external change agendas, and there are, therefore, wider lessons for the policing of fraud in the UK.

scholarly journals Trends in educational mobility: How does China compare to Europe and the United States?

2019 ◽  
Vol 5 (2) ◽  
pp. 214-240
Author(s):  
Rob J Gruijters ◽  
Tak Wing Chan ◽  
John Ermisch
Keyword(s):  
Educational Opportunity ◽  
The United States ◽  
International Standards ◽  
Educational Mobility ◽  
The Us ◽  
The Usa ◽  
Economic Boom ◽  
The Uk ◽  
Large Decline ◽  
Inequality Of Educational Opportunity

Despite an impressive rise in school enrolment rates over the past few decades, there are concerns about growing inequality of educational opportunity in China. In this article, we examine the level and trend of educational mobility in China, and compare them to the situation in Germany, the Netherlands, the UK and the USA. Educational mobility is defined as the association between parents’ and children’s educational attainment. We show that China’s economic boom has been accompanied by a large decline in relative educational mobility chances, as measured by odds ratios. To elaborate, relative rates of educational mobility in China were, by international standards, quite high for those who grew up under state socialism. For the most recent cohorts, however, educational mobility rates have dropped to levels that are comparable to those of European countries, although they are still higher than the US level.

scholarly journals Inchoate aspects of Attempted Crimes: Revisiting Criminal Law for its effective Management

2019 ◽  
Vol 8 (2S7) ◽  
pp. 391-395
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Activity ◽  
Mens Rea ◽  
Effective Management ◽  
Actus Reus ◽  
Element Approach

Actus Reus is known as the external element of the objective component of Criminal Law. Mens Rea, the guilty intention, determines the criminal responsibility. Mens Rea and Actus Reus both are the components of a criminal activity that determines the liability of the accused person. An action carried out in furtherance of criminal activity doesn’t become an attempted crime unless it is confirmed by the illegality for which it was conducted. An attempted crime is an action that reveals the illegal intention on its face. The aspects of a crime such as the Mens Rea, Actus Reus, intentional crime, unintentional act caused as a result of carelessness, motivates to indulge in violating the provisions of law. The four theories of law such as the rule of proximity, the test of unequivocally, the indispensable element approach and the test of social danger are the elements of a crime.

Antitrust Regulation of IT Giants` Activities: Main Trends of Foreign and Russian Legislation

2021 ◽  
Author(s):  
D.V. Shram ◽  
Keyword(s):  
House Of Representatives ◽  
Network Effects ◽  
The United States ◽  
The European Union ◽  
The United Kingdom ◽  
The Us ◽  
The Usa ◽  
Economic Concentration ◽  
The Uk ◽  
Antitrust Regulation

The article is devoted to the antimonopoly regulation of IT giants` activities. The author presents an overview of the main trends in foreign and Russian legislation in this area. The problems the antimonopoly regulation of digital markets faces are the following: the complexity of determining the criteria for the dominant position of economic entities in the digital economy and the criteria for assessing the economic concentration in the commodity digital markets; the identification and suppression of cartels; the relationship between competition law and intellectual property rights in the digital age. Some aspects of these problems are considered through the prism of the main trends in the antimonopoly policy in the United States, the European Union, the United Kingdom and Russia. The investigation findings of the USA House of Representatives Antitrust Subcommittee against Apple, Google, Amazon and Facebook are presented. The author justifies the need to separate them, which requires the adoption of appropriate amendments to the antimonopoly legislation. The article analyzes the draft law of the European Commission on the regulation of digital markets – Digital Markets Act, reveals the criteria for classifying IT companies as «gatekeepers», and notes the specific approaches to antimonopoly regulation in the UK and the US. The article describes the concepts «digital platform» and «network effects», presented in the «fifth antimonopoly package of amendments», developed in 2018 by the Federal Antimonopoly Service of the Russian Federation, and gives an overview of the comments of the Ministry of Economic Development regarding these concepts wording in the text of the draft law, which formed the basis for the negative conclusion of the regulator. It is concluded that in the context of the digital markets’ globalization, there is a need for the international legal nature antitrust norms formation, since regional legislation obviously cannot cope with the monopolistic activities of IT giants.

The Relevance of Criminal Law in Intellectual Property Law Research

2021 ◽  
pp. 198-220
Author(s):  
Ajay K Sharma ◽  
Dipa Dube
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
The United States ◽  
Public Interests ◽  
The Public ◽  
The United Kingdom ◽  
Private Rights ◽  
Future Work ◽  
Ip Law ◽  
Economic Crimes

Intellectual property (IP) law protects the private rights of owners, while criminal law secures the public interests, for harm to the society. In the present technology-driven society, magnitude of IP violations, particularly, in the form of counterfeiting, etc. affect the interests of the general public, calling for the application of criminal law to ensure stringent IP protection. The intersection of IP and criminal law remains controversial, yet significant, as it is in the interest of those in the field to examine the provisions beyond the scope of private right regime, as a public policy that can have a direct impact on public interests. This chapter analyses the intersection of criminal law and IP through a blend of exploratory and analytical methods. First, the authors situate the criminal law discussion in the domain of IP rights and examine how far the elements of crime may be identified in IP violations. Second, the concept of economic crimes as distinct from conventional crimes is discussed. In this regard, the laws of India, the United Kingdom (UK), and the United States (US) are examined, along with the most recent international developments, to show the trend towards criminal enforcement as the best possible protection for legitimate businesses and consumers. The chapter leaves much scope for future work whereby a balanced response to counter IP violations may be designed to benefit innovation and development.

scholarly journals Accountable Care Organizations and Clinical Commissioning Groups face an uncertain challenge for improving public health

2012 ◽  
Vol 1 (2) ◽  
pp. 16
Author(s):  
Douglas J. Noble
Keyword(s):  
Public Health ◽  
Health Services ◽  
Population Health ◽  
The United States ◽  
Accountable Care Organizations ◽  
Health Needs ◽  
Local Health ◽  
Accountable Care ◽  
The Usa ◽  
The Uk

<p>Accountable Care Organizations (ACO) in the United States of America (USA) and Clinical Commissioning Groups (CCG) in the United Kingdom (UK) are new proposed organizations in health services both tasked with a role which includes improving public health.  Although there are very significant differences between the UK and USA health systems there appears to be a similar confusion as to how ACO and CCG will regard and address public or population health.  The role of ACO in improving population health and evaluating the health needs of their registered and insured patients remains ill-defined and poorly explored.  Likewise, in the current UK National Health Service (NHS) reorganisation, control and commissioning of appropriate local health services are passing from Primary Care Trusts (PCT) to new cross-organizational structures (CCG).  CCG groups aim to be, like ACO, physician led.  They will also assume a role for public or population health, but this role, like that of the newly-forming ACO, is currently unclear.  Lessons learned from the USA and UK experience of new organizations tasked with a role in improving public health may inform mechanisms for physician led organizations in the UK and the USA to assess health needs, monitor population health information and improve population health outcomes.</p>

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