scholarly journals PROCEDURAL PARTICIPATION OF BANKS IN COVERT INVESTIGATIVE (SEARCH) ACTION «BANK ACCOUNTS MONITORING»

2021 ◽  
Vol 4 (39) ◽  
pp. 21-28
Author(s):  
V. Kantsir ◽  
N. Kozmuk ◽  
S. Soroka ◽  
S. Marko ◽  
O. Riashko ◽  
...  
Keyword(s):  
Criminal Activity ◽  
Legal Regulation ◽  
Criminal Code ◽  
Jel Classification ◽  
Terrorist Organizations ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Bank Accounts ◽  
Criminal Groups ◽  
Financial Monitoring

Abstract. The concept of financial monitoring as a set of measures carried out by the entities of primary and state financial monitoring in the field of prevention and counteraction to separatist funding (article 110-2 of the Criminal Code of Ukraine), legalization (laundering) of criminally obtained property (article 209 of the Criminal Code of Ukraine), and terrorism funding (article 258-5 of the Criminal Code of Ukraine) is developed and proved. The relationship between the categories of «terrorism» and «finance» is determined in the following areas: money paid to terrorists for refusing to commit violence acts; covert funding of terrorist organizations by certain states, non-governmental organizations, and criminal groups; «money laundering» and its introduction into legal circulation; creation of own groups in commercial, credit and financial institutions by terrorist organizations; ‘launderingof money’ obtained as a result of criminal activity. The risks in the system of prevention of terrorism and counteraction to legalization of criminally obtained proceedsare outlined. They were defined as the following: non-transparent funding of political parties; the share of cash resources addressed to the mentioned criminal activity; «outflow» of capital; absence of a clearly defined sectoral risk assessment of the entities of primary financial monitoring in the field of prevention and counteraction to legalization (laundering) of criminally obtained proceeds. It is offered to include the risk of terrorism and separatism funding through deposit-taking corporations tobanking risks. An attempt has been made to accumulate the majority of the latest achievements (as legislative, theoretical and research aswell as applied ones) on the issues of legal regulation of the studied procedural, financial and legal relations, on the basis of which scientific views are proved and proposals for improving regulations in this area are worked out. Keywords: monitoring, banks, covert investigative actions, bank accounts monitoring, terrorism funding, banking risks, financial and legal relations. JEL Classification E42, E52, G28, K13, K14 Formulas: 0; fig.: 1; tabl.: 0; bibl.: 16.

scholarly journals Tinjauan Yuridis Interaksi Manusia Terhadap Digital Dalam Penegakan Hukum Di Era Revolusi Industri 4.0

2019 ◽  
Vol 1 ◽  
pp. 1041
Author(s):  
Ari Dermawan ◽  
Sumantri Sumantri ◽  
Sudarmin Sudarmin ◽  
Indra Ramadona Harahap
Keyword(s):  
Law Enforcement ◽  
Industrial Revolution ◽  
Criminal Code ◽  
Human Interaction ◽  
Human Needs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Library Research ◽  
Electronic Transactions ◽  
Computer Interaction

Human and computer interaction or human computer interaction or abbreviated as HCI is a discipline that studies the relationship between humans and computers. Human to digital interactions are increasing according to human needs that are increasingly complex. At present the world community has entered the stage of industrial revolution 4.0, and law enforcement is needed so that in the Era of the industrial revolution 4.0. get legal certainty in using digital technology or computer technology. As for the formulation of the problem is the Juridical Review of Human Interaction on Digital in Law Enforcement in the Age of Industrial Revolution 4.0, How the causes of misuse of Human Interaction Against Digital in the Age of Industrial Revolution 4.0, and How to prevent abuse of Human Interaction against Digital in the Era of Industrial Revolution . The research methodology uses normative research and library research data collection tools. Human Interaction Against Digital in Law Enforcement In the Age of Industrial Revolution 4.0 the legal foundation is needed, namely the Criminal Code and Law Number 11 of 2008 concerning Information and Electronic Transactions. Causes of Abuse of Human Interaction Against Digital in the Era of Industrial Revolution 4.0. among others are unlimited internet access. Efforts to Prevent Abuse of Human Interaction Against Digital in the Era of Industrial Revolution 4.0 can be done with the support of special institutions, both state-owned and NGOs (Non Governmental organizations).

scholarly journals NEW STUDY IN THE SPHERE OF WATER-RELATED ACTIVITIES

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov
Keyword(s):  
Practical Experience ◽  
Legal Regulation ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Role Of The State ◽  
Foreign Countries ◽  
Water Legislation ◽  
The Government

The article is the review of D. O. Sivakov’s monograph “Tendencies in Legal Regulation of Water-Related Activities”. D. O. Sivakov is a leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, a specialist and author of researches in the sphere of water and environmental legislation. The author analyses the study under review from the perspective how this study assesses the role of the state in the water resources management. The author supports the reexamination by D. O. Sivakov of the conceptual framework of the water legislation through the lens of proposed legalization of the “water-related activities” concept. The author’s conclusion resulting from the comparison of practical experience in water bodies’ management in a number of foreign countries is worth noticing. As such, the author focuses on the public services by non-governmental organizations and entities of the parties to the water relations. In his study the author confines himself to a simple enumeration of powers of some state bodies in the water services sphere, which is evidently not enough for building a holistic picture of tendencies in the legal regulation of waterrelated activities.

scholarly journals Features of Terrorist-Oriented Criminality in the Socialist Republic of Vietnam and Measures of Legal Response to Fight it at the Present Stage

2020 ◽  
Vol 14 (3) ◽  
pp. 400-410
Author(s):  
Alexander Korobeev ◽  
Dmitriy Lobach ◽  
Nguyen Hung
Keyword(s):  
Political Violence ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Islamic State ◽  
Legal Analysis ◽  
Socialist Republic ◽  
Terrorist Organizations ◽  
Wide Range ◽  
Global Terrorism

This article examines distinguishing features of terrorist-oriented criminality in the Socialist Republic of Vietnam, exploring quantitative indicators of certain types of crimes. It is concluded that the current level of political violence in Vietnam is low. Using a wide range of data sources on composite indicators (Global Terrorism Index, Global Terrorism Database and Global Peace Index), it is concluded that to date Vietnam has recorded a low level of political violence. The research explores basic «criminogenic» conditions or factors that lead to relevant risk of growth of political violence. It should be noted that to some extent ethnic tensions still exist in Vietnam. There is also a great concern about criminal activity of a number of domestic and international terrorist organizations, which, in the short or long term, could disrupt domestic political situation and escalate terrorism. The researchers argue that although political and religious motives (e.g. establishing an Islamic state) underlie certain terrorist activities of international terrorist organizations and the fact that Muslims in Vietnam make up about 0,1 % of the countrys population, Vietnams international commitment to counter-terrorism is likely to make it a target of retaliation by these organizations. In addition, there is a possibility that these organizations may commit terrorist acts within the territory of the Socialist Republic of Vietnam to support and fund terrorist activities in the future. We summarized that as at present in force Criminal Code of the Socialist Republic of Vietnam includes special provisions that carry liability for individual acts showing signs of terrorism (arts. 113, 299, 300 CC SRV) and norms within international obligations that cover criminal liability for other crimes of terrorist nature (crimes with indicators of terrorization). The comparative legal analysis of anti-terrorist statutes presented in the 2015 version of the Criminal Code of the Socialist Republic of Vietnam reveals legal and technical defects in certain material elements of terrorist offences. It is noted that Vietnamese legislator distinguishes two forms of terrorism: «traditional» terrorism, which pursues political aims (criminal acts against the peoples government, committed for the purpose of combating it) and terrorism aimed at creating a climate of fear in society.

scholarly journals On the concept and classifications of foreign citizens and stateless persons

2020 ◽  
pp. 45-51
Author(s):  
Ye. Herasymenko
Keyword(s):  
Legal Status ◽  
Technical Assistance ◽  
Legal Regulation ◽  
General Concept ◽  
General Notion ◽  
Theoretical Concepts ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Business Entities

The article is devoted to the analysis of the concept and classification of foreign citizens and stateless persons in Ukraine. Legal acts in this field, theoretical concepts and provisions of international acts, foreign practice of legislative regulation are studied. This analysis was conducted in order to improve the legal regulation of the legal status of non-citizens of Ukraine and to ensure the protection of those who need it, in particular through administrative and legal instruments. On the basis of the conducted research theoretical and legal problems and gaps and inconsistencies with the legislation of Ukraine are revealed; developed proposals for its improvement. It is proposed to include into the legislation of Ukraine the general concept of “non-citizen of Ukraine” as a general notion for foreign citizens and stateless persons. The criterion to distinguish persons from this category is the fact that a person has the citizenship of Ukraine. At the same time, the legal status of all non-citizens is characterized by the absence of the same scope of rights and obligations for all these persons, defined by the Constitution of Ukraine only for its citizens – “citizens” rights and responsibilities. The article also proposes to improve the classification of non-citizens (foreigners and stateless persons). In particular, it is proposed to single out the following types of non-citizens according to the criterion of stay on the territory of Ukraine: 1. Persons temporarily staying in Ukraine.2. Persons temporarily residing in Ukraine, in particular, who arrived in Ukraine:2.1. for employment;2.2. to participate in the implementation of international technical assistance projects;2.3. for religious purposes or to participate in the activities of public (non-governmental) organizations of foreign states;2.4. for work in branches or representative offices of foreign business entities;2.5. for cultural, scientific, educational activities,2.6. in order to participate in volunteer activities;2.7. for the purpose of training;2.8. in order to control the activities of a legal entity registered in Ukraine;2.9. to reunite the family.3. Persons permanently residing in Ukraine.

scholarly journals Legal aspects of interaction of public organizations with local self-government bodies

2018 ◽  
Vol 6 (8) ◽  
pp. 15-23
Author(s):  
O. V. Turii
Keyword(s):  
Civil Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Affairs ◽  
Civil Society Organizations ◽  
Political Activity ◽  
European Convention ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Right

The article deals with the basic legal acts defining the procedural aspects of the interaction of local self-government bodies with non-governmental organizations. Particular attention is paid to the coverage of international acts ratified by Ukraine and regulates the issues of such cooperation. The article highlights the dependence of the development of local self-government on the civil and political activity of the population. A detailed study of problems in the relationship of local self-government with citizens, associations of citizens, mass media and other civil society institutions has been formulated, proposals have been formulated to improve the solution of identified problems. As a result of the research, the author concluded that the main problem on the way of democratization of the national legislation of Ukraine is the inactive and ineffective participation of the public in the formation and implementation of state policy. The European Convention on Human Rights determines that the state must ensure the right of citizens to participate in the management of public affairs in order to establish a democratic and legal society, however, there are no mechanisms established by law for such participation. Investigation of the existing regulatory framework in Ukraine to ensure basic legal guarantees of citizens’ participation in the development and implementation of management decisions by local self-government bodies proves that not only these guarantees are not detailed, but also none of the existing normative acts establish clear procedures for ensuring the rights of citizens from the bodies of local self-government information regarding the issues discussed and regulated by these bodies, adopted regulatory acts, projects and mechanisms for the adoption of achymyh decisions for society. The article contains a number of concrete proposals for solving the problems of forming the basis of cooperation between local self-government bodies, the legal regulation of control and supervision activities in the field of local self-government, conflict resolution between local self-government bodies and civil society organizations, improvement of legal regulation of liability for non-compliance with legislation on civil cooperation society with local self-government bodies.

scholarly journals Implementation of the Domestic Violence Law in the Republika Srpska

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 53-60 ◽  
Author(s):  
Ivanka Markovic
Keyword(s):  
Extended Family ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Offence ◽  
Mandatory Arrest ◽  
Governmental Organizations ◽  
Legal Provisions ◽  
Non Governmental Organizations ◽  
Republika Srpska ◽  
Paper Author

In this paper author analyzes criminal offence "Violence in family or extended family". This criminal offence was introduced for the first time in the new Criminal Code of the Republika Srpska in 2000 (article 198). In the first part of the paper author exposes characteristics of legal provisions regarding criminal offence "Violence in family or extended family". In the second part practical implementation of this criminal offence is analyzed. For doing that analyzes, the author uses the interviews carried out with representatives of the police, prosecutors judges and representatives of non-governmental organizations. At the end author suggests introduction of certain measures for victim protection such as mandatory arrest of a perpetrator, the increased efficiency of the criminal procedure, restraining orders (regarding communication and contact between perpetrator and victim) and other measures, which should provide adequate implementation of this incrimination and optimal protection of victims of this crime.

scholarly journals Crime Boss and the Grounds for Liability: Postmodernism in Criminal Law

2019 ◽  
Vol 13 (3) ◽  
pp. 465-476 ◽  
Author(s):  
Vladimir Burlakov ◽  
Vladislav Shchepelkov
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Criminal Activity ◽  
Criminal Code ◽  
Stage Of Development ◽  
Crime Organization ◽  
The World ◽  
The Russian Federation ◽  
National Boundaries ◽  
Criminal Groups

All over the world crime is becoming more and more organized. Globalization has considerably extended the area of criminal activities, it can no longer be contained within the national boundaries of one state. Crime bosses freely travel between countries and may solve the problems of their gangs’ cooperation far from the place where the criminal activity takes place. The gangs today have moved away from typical criminal practices. Business is becoming their key activity as it facilitates the organization of criminal groups not only in the shadow, but also in the legal economy. Thus, the main focus of crime counteraction should be the bosses of organized crime. Based on this position, the authors provide a theoretical basis for the introduction of Art. 210.1 in the Criminal Law of Russia — taking the highest position in the criminal hierarchy. They analyze the legal construction of this offence which, in essence, is inchoate. The authors also assess the grounds for criminalizing the very fact of occupying the highest position in a criminal hierarchy. It is proven that this status of a crime boss emerges at an advanced stage of development of the organized group, so the form of crime organization could act as a criterion for the establishment of such a status. The authors also examine some problems of enforcing Art. 210.1 of the Criminal Code and offer different ways of solving them, namely, the aggregate of Part 4, Art. 210 and Art. 210.1 of the CC, and the and specific features of penalizing offenders persecuted under Art. 210.1 and Part 4, Art. 210 of the CC of the Russian Federation.

scholarly journals CONSTITUTIONAL-LEGAL REGULATION OF NON-GOVERNMENTAL ORGANIZATIONS IN THE RUSSIAN FEDERATION: REGIONAL ASPECT

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Елена Никитина ◽  
Elena Nikitina
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Human Right ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Regional Aspect ◽  
Regulatory Impact ◽  
The Russian Federation

The article is devoted to the analysis of the legislation of federal subjects of the Russian Federation in the sphere of regulation of non-governmental organizations’ activities. This study was carried out on the basis of the comparative law method as a way to protect the human right to association. The article examines the problems of regional legislation quality, completeness and effectiveness of its regulatory impact on civil society in federal subjects of the Russian Federation. The author tries to answer the question what the purposes are for the existence of regional legislation on human rights. The emphasis is on the regional regulation of support for nongovernmental organizations on the part of the authorities of federal subjects of the Russian Federation. The article touches upon the problems of regulation through regional laws of the activities of religious organizations as a form of non-governmental organizations. The author concludes that regional legislation in the sphere of regulation of non-governmental organizations’ activities in most regions is fragmented and unsystematic, and the purposes of its existence for the protection and creation of additional guarantees of constitutional human rights in the territory of federal subjects of the Russian Federation are performed only partially.

scholarly journals Laws on normative legal acts of the cis countries — indicators of informatization and digitalization processes in the legislation system

2019 ◽  
pp. 22-33 ◽  
Author(s):  
S. V. Lipen
Keyword(s):  
Data Bank ◽  
Legal Regulation ◽  
Internet Resource ◽  
Reference Systems ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Internet Information ◽  
The Russian Federation ◽  
Russian Law ◽  
Cis Countries

The Russian Federation has not adopted any law regulating normative legal acts, whereas in a number of CIS countries such laws have been in force for almost two decades, and the legal regulation of relations in question is being constantly improved. This experience may well be taken into account in domestic research, including the studies aimed at providing scientific support of the law-making activity. The last quarter of the 20th century is characterized by digitalization and informatization of the legal system; laws on normative legal acts of the CIS countries can serve as quite good indicators of these processes. They demonstrate modern trends in the development of legislation with due regard to the information capabilities of the Internet, information and reference systems. Computer technologies are actively used to represent legislation in electronic form (register, data bank, including Internet resource), to promulgate and bring into legal force normative legal acts, to provide access to the current legislation (including publication of adopted normative legal acts in unofficial information and reference systems, on websites of state bodies, non-governmental organizations) in activities aimed at systematizing legislation. Comparative legal characteristics of the legislation of the CIS countries may well be in demand during the development and discussion of the draft Russian Law on normative legal acts.

scholarly journals Non-governmental organizations and politics of interpretation of South-Slavic’s recent past

2005 ◽  
pp. 109-125 ◽  
Author(s):  
Mirjana Radojicic
Keyword(s):  
Final Section ◽  
Legal Regulation ◽  
Recent Past ◽  
National Interests ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Key Features ◽  
Politics Of Interpretation

In the text the author considers politics of interpretation of South-Slavic peoples' recent past, which was demonstrated by the most prominent activists of Serbian non-governmental organizations. By summarizing the interpretation in a few points, the author attempts to identify its key features: arrogance and extremism as a style, counter factuality as a strategy and anti-Serbian nationalism and racism as an ideological strongpoint. In the final section of the text, what is pleaded is a precise legal regulation of that delicate area of civil activism, which in the last decade has presented a malignant protuberance on destroyed social tissue of Serbia and serious threat to the rest of its considerably lost national interests.

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