scholarly journals On Ensuring the Protection of the Rights and Legitimate Interests of Persons Engaged in Entrepreneurial Activity from Criminal Encroachments

2021 ◽  
Vol 2 ◽  
pp. 21-26
Author(s):  
Petr I. Ivanov ◽  

In the article, against the background of the implementation of the state policy to reduce undue pressure on business from law enforcement agencies, a set of measures taken by the Internal Affairs bodies and their divisions of economic security and anticorruption, to protect the property and economic interests of bona fide entrepreneurs from criminal encroachments is considered. The creation of a special structure of the ANO “Platform for Working with Entrepreneurs Appeals” leaves its mark on the daily operational and official activities of law enforcement agencies to take timely measures on entrepreneurs appeals. The paper presents the author’s classification of measures to combat economic and corruption crimes committed in the field of entrepreneurship.

2021 ◽  
Vol 9 (2) ◽  
pp. 106-110
Author(s):  
Ivan Rykov

The article considers the existing views on the definition, elements of economic security of an enterprise, as well as typification features used in solving problems of classification of factors threatening it. The author systematizes traditional approaches to the definition of the term "economic security of an enterprise" and proposes a dualistic model of its description, in which it is presented not only as a desired state of protection of an entity engaged in entrepreneurial activity from the negative impact of external and internal factors, but also as a complex of controlled and continuous adaptation processes occurring within the enterprise in order to ensure its adaptation to changing conditions. It is also concluded here that threats to economic security that cannot be neutralized in most cases can be detected in a timely manner, which is especially important given the need to minimize negative consequences for the enterprise arising as a result of their action. As the main direction of further research in the field of classification of threats to the economic security of the enterprise, the search for correspondences between each of the types of threats to economic security and the methods by which the enterprise can effectively adapt to such threats is proposed.


2021 ◽  
Vol 58 (1) ◽  
pp. 1094-1101
Author(s):  
Nargizakhon Rakhimjonovna Rakhimjonova

For many years, the issue of classification of crimes has been in the focus of attention of legal professionals, in particular, legal scholars, experts, law enforcement agencies. The reason is that it is through the classification of crimes that a socially dangerous act committed can be punished and the purpose of the punishment can be achieved. The system of classification of crimes is a list of crimes provided for in the Criminal Code, arranged in a certain order, depending on the severity of the crime. This article illustrates classification system of crimes according to the Criminal Code of the Republic of Uzbekistan. There are given essential statistics on each type of crime and the importance of classification system of crimes in applying the norms of General Part of the Criminal Code of Uzbekistan.


Author(s):  
Oleksandr Kobzar ◽  
Valeriy Darahan

The article deals with defining directions for improving the training of specialists for pre-trial investigation bodies of the National Police. Every year, more demanding demands are placed on law enforcement activities of state bodies, in particular the National Police, which in turn requires an increase in the amount of knowledge required by police officers. Increasing the intellectual level of criminals, using offenders more sophisticated methods and means of committing offenses, careful training, masking criminal acts require adequate response of law enforcement agencies, which in turn requires appropriate training of Interior Ministry employees. An analysis of the publications which initiated the solution of this problem showed that today there is a lack of thorough research on the directions of improving the training of specialists for the bodies of pre-trial investigation of the National Police, which determines the relevance of the investigated problems. At present, within the structure of higher education institutions of the Ministry of Internal Affairs of Ukraine, the specialization of training police officers is focused only on the process of training police officers of criminal police (Dnipropetrovsk State University of Internal Affairs - financial and economic security; Odessa State University of Internal Affairs - units of counteraction etc.). In turn, the process of training specialists for pre-trial investigation bodies does not have such an extensive system of training areas. As a result of the conducted research, it is concluded that there is an urgent need to improve the training of specialists for pre-trial investigation bodies of the National Police. The main directions for improving the training of specialists for the pre-trial investigation bodies of the National Police should be: 1) increasing the requirements for the quality of legal education and professional training of future employees of investigative units; 2) introduction of training of experts for pre-trial investigation bodies according to the profiles assigned by the Ministry of Internal Affairs of Ukraine; 3) introduction of an effective model of conducting binary classes with the involvement of experienced staff of pre-trial investigation bodies in the process of training specialists for such bodies.


2020 ◽  
Author(s):  
V. Artemov ◽  
N. Golovanova ◽  
A. Gravina ◽  
O. Zaycev ◽  
V. Kashepov ◽  
...  

The scientific and practical guide is devoted to the formation of a comprehensive and systematic approach to improving the activities of the court and preliminary investigation bodies in cases of crimes committed in the field of business and other economic activities (including taking into account the experience of law enforcement practice in criminal prosecution of entrepreneurs in a number of foreign countries). The problem of establishing a balance between the duties of judicial and investigative bodies within their competence to take measures to ensure economic security and to respect the rights and legitimate interests of entrepreneurs involved in criminal proceedings is considered. The author defines the main directions and forms of modern criminal policy in this area; gives a General description of the criminal legal situation in terms of ensuring economic security; identifies additional guarantees of the rights and legitimate interests of entrepreneurs provided in the implementation of law enforcement activities. Particular importance is attached to the study of substantive and criminal procedural mechanisms used in criminal proceedings on economic crimes. For researchers, practicing lawyers, representatives of the business community, teachers, postgraduates, students of law schools and faculties, as well as for a wide range of readers interested in this issue.


Author(s):  
Matthew Slaughter

The current Supreme Court approach to the nuances involved in drug detection dogs is fundamentally flawed. The Supreme Court has allowed, on the evidentiary front, the introduction of unscientific evidence into law enforcement practices, which allows officers to disregard traditional Fourth Amendment protections. As Justice Souter stated in Illinois v. Cabellas, “[T]he sniff alert does not necessarily signal hidden contraband, and opening the container or enclosed space whose emanations the dog has sensed will not necessarily reveal contraband or any other evidence of crime.” The Courts classification of drug detection dogs in Caballes as sui generis is unsubstantiated. The Court in Caballes also determined that a dog sniff alone was sufficient to establish probable cause for a physical search inside a vehicle. The Court should revise this treatment and consider alternative proposals. Additionally the Court’s reliance in Florida v. Harris on blanket terms such as “bona fide organization” and “training program” illustrates the Justices’ incomprehension of the complexities involved in such a process. Finally, the Court in Harris inappropriately dismissed the very real financial incentive law enforcement has to maintain detection dogs that over-alert.


Author(s):  
Isamiddin Ismailov ◽  
Mehmonali Suvankulov

In all periods of human history, ensuring stability, peace and tranquility in society has been one of the main conditions for a prosperous life of the people. To enjoy peace and tranquility in society today in an environment where threats and dangers of various kinds are increasing and intensifying; ensuring the protection of the rights, freedoms and legitimate interests of each of its members remains one of the most pressing and complex tasks of the state, especially the internal affairs bodies. The implementation of these tasks requires the introduction of a completely new approach and mechanisms to the system of internal affairs.


2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.


2019 ◽  
Vol 7 (3) ◽  
pp. 131-135
Author(s):  
Диана Пименова ◽  
Diana Pimenova ◽  
Сергей Хмелев ◽  
Sergey Khmelev

The article is devoted to the consideration of aspects of the activities of persons contributing to the resolution of issues requiring special knowledge in the field of economics, finance, accounting and taxation in the course of disputes of economic entities and the investigation of economic crimes. In particular, the requirements put forward to them, as well as their functionality. In the article analyzes the common features, differences and opportunities for the application in the process of solving procedural problems of such categories of process participants as “expert” and “specialist”. A clear understanding of when and for what task it is possible to attract a person with special knowledge in the field of economics during the proceedings on issues related to economic relations forms the prerequisites for more active use of these opportunities. Which, in turn, positively affects both the work of courts and law enforcement agencies, and the economic security of the country as a whole.


2021 ◽  
Vol 2021 (2) ◽  
pp. 85-95
Author(s):  
Tetiana DMYTRENKO ◽  
◽  
Valeriya VOLKOVA

The article deals with the peculiarities of suspicious transactions in financial markets related to the use of cryptocurrencies, it also studies current issues regarding the classification of virtual assets. The features of countering suspicious transactions in financial markets associated with the use of cryptocurrency are highlighted. Topical issues of taxonomy of virtual assets and risk assessment of service providers' activities in assessing the risk of operations with virtual assets related to their use in legalization operations are investigated. The concepts of regulation of virtual assets are considered. The concept of mining, the problem of the relationship of varieties of mining activity to the classification of certain types of activity, its legalization are defined, and recommendations for the classification of mining activities are given. The relationship between miners, validators and virtual asset providers (VASP) in the event of a cyberattack or in the presence of certain rights to the network has been analyzed, which leads to the classification of this type of activity as risky regarding the use of cryptocurrencies with criminal intent. It is also underlined the need to introduce a risk-based approach to countering money laundering and terrorist financing (AML / CFT) by national state supervisory and law enforcement agencies, enterprises involved in the virtual asset market, preventing threats and developing a legislative framework for regulation the crypto market and interaction on these issues at the international level.


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