scholarly journals Regulation of relationship building and sale relations on the Іnternet and improvement of fraud investigation

2020 ◽  
pp. 78-82
Author(s):  
S. Chuchko
Keyword(s):  
Relationship Building ◽  
The Internet ◽  
Payment Systems ◽  
Legal Regime ◽  
Law Enforcement Agencies ◽  
Initial Information ◽  
Goods And Services ◽  
Criminal Offenses ◽  
The Law

The article examines some aspects of the regulation of legal relations in cyberspace when buying and selling goods and services over the Internet.The main normative legal acts that determine the legal policy in the field of contractual relations and commercialization on the Internet are analyzed: Law of Ukraine “On e-commerce”, the Law of Ukraine “On payment systems and funds transfer in Ukraine”, the Law of Ukraine “on Consumer Protection”,The Law of Ukraine “On the use of registrars of settlement transactions in the field of trade, catering and services”, the Civil Code of Ukraine, etc.Factors influencing the level of abuse, including fraud in the sale of goods and services over the Internet, are outlined.It has been emphasized that in recent decades there has been a rapid growth of transactions via the Internet, through which you can carry out household and commercial transactions and purchase goods without leaving the premises. For the majority of the population, this form of “virtual” trade has become convenient and fully met their needs, significantly saving time. At the same time, the active turnover in the network has led to a significant number of violations, a large number of which contain criminal offenses, including fraud.The ways, procedures, as well as problematic issues faced by practitioners during the evaluation of initial information and during the investigation of fraud in the purchase and sale of goods over the Internet are identified.It is argued that the knowledge of law enforcement agencies of the legal regime of legal relations in cyberspace and the procedure for concluding sales agreements via the Internet, will significantly improve the quality of the investigation and help establish the objective truth in the case.

scholarly journals EFFICIENCY OF STATE REGULATORY POLICY IN THE PERIOD OF COVID-19 PANDEMIC: ADMINISTRATIVE-LEGAL ASPECT

2021 ◽  
Vol 76 (3) ◽  
pp. 92-100
Author(s):  
Оleksandr Makarenko ◽  
◽  
Nataliia Makarenko ◽  
Keyword(s):  
Regulatory Policy ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Local Government Level ◽  
The Government ◽  
Business Entities

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

Internet Jurisdiction and Intermediary Liability

2020 ◽  
pp. 689-708
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
Law Enforcement ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Applicable Law ◽  
The Third ◽  
Law Enforcement Agency ◽  
User Data ◽  
The Law ◽  
Intermediary Liability ◽  
Geographical Scope

This chapter seeks to set the scene and make some proposals for how we may make progress in the field of internet jurisdiction. For this purpose, the chapter will focus on three examples where the matter of internet jurisdiction is a major concern for internet intermediaries. The first relates to the validity of the terms of service that internet intermediaries typically impose on their users, and which typically contain important provisions regarding jurisdiction and applicable law. The second example relates to situations in which law enforcement agencies seek access to user data held by internet intermediaries. Such situations give rise to important matters of jurisdiction, not only where the requesting law enforcement agency and the internet intermediary are based in different countries, but may also—as was illustrated in the well-known Microsoft Warrant case—give rise to such issues where the requested data is stored outside the country in which both the law enforcement agency and the internet intermediary are based. The third example relates to the matter of geographical scope where an internet intermediary is required to remove, block, take down, delist, de-index, or de-reference content.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

scholarly journals Transformation of the mechanisms functioning of law enforcement in the conditions of digitalization

2020 ◽  
Vol 6 (3) ◽  
pp. 174-178
Author(s):  
Eugenia N. Prokhorova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Security Threats ◽  
Law Enforcement Agencies ◽  
Potential Threat ◽  
Enforcement Policy ◽  
Stage Of Development ◽  
The Law ◽  
Kaliningrad Region

This article is devoted to the study of the problems of interaction of law enforcement agencies in the field of countering modern security threats. In this connection, it justifies the need to create a mechanism for the joint operation of security and security elements of the law enforcement system through the prism of the main trends of law enforcement policy, allowing to draw conclusions about how the features of this process affect the quality of law enforcement. At the same time, the influence of the features of the law enforcement mechanism is connected with the minimization of its costs on the effectiveness of the activities of security agencies at the expense of provisional funds. It is noted that the current stage of development of society is characterized by the transformation of many legal relations, including and law enforcement. However, the use of information technologies by terrorists causes, perhaps, most of all the issues for the resolution of which the forms of interaction of law enforcement agencies that ensure the integration of their activities are proposed. By the example of the problem of countering telephone terrorism with the use of modern technical achievements, the importance of the integrated interaction of law enforcement units, which the author regards as a tool to increase the effectiveness of law enforcement, is shown. It was noted that objectively existing needs for the integration of the actions of states in the suppression, prevention and punishment of such crimes, lead to the intensification of international cooperation in the designated area. Special attention is paid to the Kaliningrad region because of its autonomy and vulnerability due to its remoteness from the main territory of the country and its environment to states that pose a potential threat to the security of the Russian Federation. The author formulates conclusions on the results of the study.

scholarly journals Assessment of initial information and scope of circumstances, to be established during the investigation of fraud in the purchase and sale of goods via Internet: certain aspects

2020 ◽  
Vol 3 (3) ◽  
pp. 304-309
Author(s):  
Serhiy Chuchko
Keyword(s):  
The Internet ◽  
Systematic Analysis ◽  
Initial Information ◽  
Criminal Offense ◽  
Research Results ◽  
Judicial Practice ◽  
Criminal Offenses

The article examines certain aspects of assessing the initial information and the range of circumstances to be established in the investigation of fraud in the sale and purchase of goods via the Internet. The current regulatory legal acts governing the procedural procedure for obtaining and registering information about criminal offenses are analyzed and the sources that most often contain information about the commission of fraud when buying and selling goods via the Internet are considered separately. The ways, order and problematic issues faced by practitioners in obtaining and evaluating initial information are determined. Investigated the circumstances that are subject to proof and establishment in the investigation of fraud in the sale and purchase of goods via the Internet. It is concluded that the greatest difficulties in assessing the initial information about fraud in the sale of goods over the Internet, arise during the determination of preliminary legal qualifications, which further affects the pre-trial investigation, as well as the choice of procedural measures will further carry out within the limits of investigation of a criminal offense. The circumstances to be proved and established during the investigation of fraud in the sale of goods via the Internet are considered. Taking into account the systematic analysis of legislation, research of scientific works, research results of investigative and judicial practice, as well as surveys of practitioners, the circumstances to be established during the investigation of fraud in the sale of goods via the Internet, it is proposed to divide into: circumstances relating to the event fraud in the purchase and sale of goods via the Internet; circumstances concerning the identity of the victim and the offender; causal circumstances; other circumstances.

scholarly journals Involvement of an expert and conduction of an expert examination within criminal proceedings in the environmental sphere

2018 ◽  
Vol 71 (4) ◽  
pp. 66-71
Author(s):  
L. Yu. Misiura
Keyword(s):  
Criminal Proceedings ◽  
Procedural Law ◽  
Criminal Offenses ◽  
Procedural Code ◽  
Expert’S Opinion ◽  
The Law ◽  
Definition Of

The types of examinations which can be carried out within criminal proceedings in the environmental sphere have been determined. The procedure for involving an expert and conducting an expert examination within criminal proceedings in the environmental sphere has been revealed. The problematic aspects of an investigator, prosecutor’s activity at the specified stage of pre-trial investigation of criminal offenses against the environment have been highlighted. It has been noted that during the determination of the types of examinations to be carried out within criminal proceedings in the environmental sphere, an investigator, prosecutor must take into account the circumstances of the case and the complex of tasks that done by the court examination. The author has researched the problem issues arising at the stage of involving an expert, one of which is the referral to the examination of materials determined by an investigator at his discretion, which are insufficient for the examination. In this regard, the author has offered to extend the content of Part 7 of the Art. 244 of the Criminal Procedural Code of Ukraine, providing the necessity to include besides the questions posed to an expert, the list of materials of criminal proceedings (including expert samples) into the content of the decision on the order of conducting the examination, sent for examination, since in most decisions this question is not reflected by the investigating judges. It has been noted that the absence of a certain subject at the level of criminal procedural law authorized to appoint an audit, inspections within criminal proceedings, sometimes prevents the conduction of an examination. The author has proved the necessity of amending criminal procedural law in order to provide the investigating judge with the authority to appoint audits, inspections within criminal proceedings, as well as the detailed regulation of the procedure for applying to an investigating judge with the request for the appointment of an audit or inspection, requirements for such a request, the procedure and terms of their consideration, procedures for extending the terms of inspection or audit. According to the results of the study, the author has concluded that the activities of a prosecutor at the stage of involving an expert and conducting an examination within criminal proceedings in the environmental sphere should be focused on the control: the correctness of the definition of the type of expert examination by an investigator and the timeliness of the appeal to the investigating judge with the request for the examination, completeness and quality of materials sent to an expert for the examination, adherence to the procedure for carrying out the examination and compliance with the expert’s opinion with the requirements of the law, etc.

scholarly journals Contemporary Legal Issues in Electronic Commerce in Nigeria

2017 ◽  
Vol 11 (3) ◽  
pp. 1 ◽  
Author(s):  
TI Akomolede
Keyword(s):  
Electronic Commerce ◽  
Human Life ◽  
Legal Issues ◽  
The Internet ◽  
Legal Regime ◽  
Global Village ◽  
Economic Problems ◽  
The Past ◽  
The World

The Internet has no doubt added a great deal to the quality of human life today.  It has knitted the world together as a global village.  Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.

scholarly journals Legal Regime of Funding the Law Enforcement Agencies

2015 ◽  
Vol 8 (2) ◽  
pp. 142-148
Author(s):  
Bahyt Moldatyaevich Nurgaliyev ◽  
Ayman Kudaybergenovn Kussainova
Keyword(s):  
Law Enforcement ◽  
Legal Regime ◽  
Law Enforcement Agencies ◽  
The Law

scholarly journals CONCERNING THE NEED FOR IMPROVEMENT OF THE METHODOLOGY OF INVESTIGATING FRAUDS AND DEVELOPMENT OF METHODS OF INVESTIGATION OF ITS INDIVIDUAL TYPES

2019 ◽  
Vol 4 (5) ◽  
pp. 63
Author(s):  
Oleksiy Humin ◽  
Viktoriia Zarubei ◽  
Olha Rymarchuk
Keyword(s):  
Human Life ◽  
Financial Resources ◽  
Scientific Development ◽  
Official Statistics ◽  
Law Enforcement Agencies ◽  
New Techniques ◽  
Leading Role ◽  
Criminal Offenses ◽  
Practical Impact

Nowadays in a difficult economic situation, frauds have become widespread in Ukraine in various spheres of human life. Increase in the number and quality of such crimes leads to significant losses of financial resources not only of citizens but of the state as a whole. Therefore, an important issue for our nowadays is the study of the mechanism of rapid, complete, and effective investigation and prevention of such crimes. In Ukraine, there is an active awareness of the population about the ways of committing such crimes and creating measures to protect confidential information. However, official statistics show a significant amount of fraud and an insufficient level of their disclosure. One of the reasons is the obsolete methods of investigating fraud and the lack of methods for investigating certain types of it. The aim of the article is to analyse scientific research in order to establish a level of methodological support for law enforcement agencies in investigating fraud. Due to the fact that methodological provision of practical divisions plays the leading role in the fast, full, and effective investigation of frauds, therefore, the studied question deserves a special attention. Methodology. The author substantiates the need to improve the existing methodological recommendations because since over time they lose their content. Besides, there is the necessity to create new techniques that are not reflected in the writings of scientists in investigating various types of fraud. Based on the analysis of forensic literature, we can make a conclusion that most of the scientific works are devoted to the investigation of fraud with financial resources. Therefore, the author proposes to pay attention to other types of fraud and to formulate methodological recommendations for practical units to young and experienced scientists on the basis of their own research. Results. The concepts and types of fraud are defined in the article. Besides, the works of criminologists, which are devoted to the peculiarities of investigating such types of crimes, are analysed. The official statistics, which impresses with data on undisclosed fraud, are presented here. This once again confirms the necessity for scientific development of the mentioned problem. A particular attention is paid to the lack of proper methodological support for practical units during the investigation of such types of crimes. In this regard, the author provides corresponding suggestions that will help to improve the investigation. Practical impact. Since the fraud investigation technique helps to the most successful achievement of the objectives of criminal justice, then in order to reduce the number of undisclosed crimes, it is necessary to develop and provide practical guidance to the methodical recommendations in a timely manner. Correlation/originality. The urgent issue of nowadays is a complete, effective investigation of criminal offenses, and fraud is no exception. The improvement of the methodology for fraud investigations and the development of methods for investigating certain types of fraud is a necessary step for it.

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