scholarly journals Banking in Ukraine as an object of criminal and legal protection

2017 ◽  
Vol 12 (4) ◽  
pp. 114-120 ◽  
Author(s):  
Mykola Kurylo ◽  
Alyona Klochko ◽  
Gennady Timchenko ◽  
Andriy Gulyk
Keyword(s):  
Criminal Law ◽  
International Institutions ◽  
Banking Sector ◽  
Legal Protection ◽  
Electronic Payments ◽  
Accounts Payable ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation ◽  
Holding Responsible

Banking institutions spend a lot of money and use various resources to ensure both their activities’ security and their customers’ security. States and international institutions make significant efforts in this regard. But, unfortunately, this cannot always completely protect bank or client from attackers (lawbreakers). This problem is not only of technical, economic and informational character, but also legal. The article deals with issues of ensuring the criminal law protection of banking in Ukraine. Current criminal legislation of Ukraine, and draft regulations as to the holding responsible for crimes in banking sector are analyzed. The proposals as to criminalization of actions dangerous for a society in the field of banking activity are put forward: illegal obtaining of a loan; willful evasion of satisfaction of accounts payable; improper execution of the bank deposit contract terms; abuse of authority in banking; fraud with bank electronic payments.

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.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

Criminal and Legal Risks in the Field of Digital Technologies: Problems and Suggestions

Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 145-159
Author(s):  
Yu. V. Gracheva ◽  
A. I. Korobeev ◽  
S. V. Malikov ◽  
A. I. Chuchaev
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Sharing Economy ◽  
Unified Approach ◽  
Digital Medicine ◽  
Legal Risks ◽  
Protection Mechanisms ◽  
Criminal Legislation ◽  
Positive Effect ◽  
Medicine Sharing

Countering cyber threats poses new challenges for information security specialists, and requires developing legal protection mechanisms that will allow them to respond to criminal threats in the digital environment ahead of time. The path chosen by the national legislator to counteract crimes in the information sphere suffers from a delay, a gap and an inability to cover all possible socially dangerous acts and their consequences. The paper analyzes the spheres of life that innovative technologies affect or will have the greatest impact on, thus pursuing a propaedeutic goal — creating the necessary theoretical foundation for further consideration of special criminal law issues. These areas include social networks, e-commerce, digital medicine, sharing economy, industry 4.0.The authors conclude that the digitalization of many spheres of life is accompanied by a positive effect, but also carries new threats and risks that are not reflected in criminal legislation. In such a situation, it is necessary to review the criminal law policy and develop a unified approach.

scholarly journals INCREASING EFFICIENCY OF THE BANKING INSTITUTIONS ACTIVITY

2018 ◽  
pp. 92-103
Author(s):  
Zhanna DOVHAN
Keyword(s):  
Customer Service ◽  
Business Processes ◽  
Banking Sector ◽  
Banking System ◽  
System Optimization ◽  
System Structure ◽  
Loyalty Programs ◽  
Effective Work ◽  
Banking Activity ◽  
Banking Institutions

Introduction. The problems of banking efficiency improvement have become very important in the conditions of economic instability and the period of increasing competition in banking services market. It is being changed both the banking system structure, and the business processes which were formed in it. Such changes demand the new approaches to reserves searching and banking system optimization objects. The innovation in the banking sector, methods of innovative bank development are the main in modern conditions. The purposeof this article is to identify the need to develop and apply innovative approaches in banking institutions to ensure their effective operation. Results. The article deals with the theoretical and practical principles of ensuring the efficiency of banking activity. It is characterized the main tendencies of the risk manifestation violation of banking activity efficiency. The trends of an effective development and the long-term growth of banking sector nowadays are described. The ways of formation and implementation of the innovative aspects of bank effective work providing system are analyzed. Special attention is paid to the importance of the cooperation between banks and financial companies. Conclusions. The problems of the banking system providing efficiency can be addressed customer service innovative technologies and the new products and services implementation, such as: to use the advanced hardware and software, to increas efficiency of personalization and channel optimization, digital and biometric identification, to use the large data, intellectual property and expanded analytics, credit marketplays, and artificial intelligence, to improv integrated multi-channel delivery and new loyalty programs.

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals Doctor of Law, Professor Nikolai Ignatyevich Trofimov: the Scientific Legacy of the Researcher

2019 ◽  
Vol 13 (1) ◽  
pp. 152-166
Author(s):  
Victor Kazarin ◽  
Roman Kravtsov ◽  
Igor Arkhipkin
Keyword(s):  
Criminal Law ◽  
School Teacher ◽  
Legal Protection ◽  
General Concept ◽  
State University ◽  
Sexual Crimes ◽  
Scientific Legacy ◽  
Political Events ◽  
Peasant Family ◽  
Criminal Legislation

The article is dedicated to the memory of a famous scientist and teacher, Doctor of Law, Professor N.I. Trofimov, who would have turned 90 years old in 2018. A native Siberian born in a peasant family, he transitioned from a school teacher to a Doctor of Law, Professor, Dean of the Law Faculty of Irkutsk State University and Head of the Chair of Criminal Law. He successfully defended his Ph.D. thesis, and later his doctoral dissertation at M.V. Lomonosov Moscow State University. N.I. Trofimov had been engaged in research and teaching for over 40 years, he read courses of Criminal Law, Criminology and special courses. His numerous articles and monographs, reviews and textbooks were devoted to topical problems, mainly, the criminal and legal protection of the mental and physical development of minors. He researched such topics as the general concept of crime against the normal development of minors, encroachments on the development of minors, including their involvement in criminal and other anti-social activities, sexual abuse, coercion to common law marriage of persons under the marriageable age; he analyzed data on the identity of convicts and victims in cases of non-violent sexual crimes against minors. N.I. Trofimov responded promptly to important social and political events in the life of the country, giving them a legal assessment, and made proposals for improving criminal legislation. He is the author and contributing author of about 100 research, methodological and educational publications. He proved himself to be an experienced administrator who made a great contribution to the development of higher legal education in Eastern Siberia. The study of key problems of criminal law and criminology, started by N.I. Trofimov, has been continued by modern Russian and foreign researchers.

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.

Spatial Perspectives on Technological Changes in the Banking Sector of the United Kingdom

1984 ◽  
Vol 16 (4) ◽  
pp. 437-450 ◽  
Author(s):  
J N Marshall ◽  
J F Bachtler
Keyword(s):  
United Kingdom ◽  
Banking Sector ◽  
Future Trends ◽  
Technological Changes ◽  
Short Term ◽  
Present Evidence ◽  
The United Kingdom ◽  
Banking Activity ◽  
Banking Institutions ◽  
The Impact

In this paper the impact on employment of technological changes in the banking sector is examined. A range of technologies are described which utilise computer, electronic, and telecommunications equipment to produce, store, obtain, and transfer information. Economic pressures on the banks to use the equipment are considered. The influence of the organisation of banking institutions on the introduction of technology is outlined. It is argued that technological change seems unlikely in the short term to be associated with a considerable decline in employment in the banking sector, but that there could be important changes in the nature and location of work. The introduction of technology appeared initially to support the concentration of employment in the main centres of banking activity. However, present evidence and likely future trends indicate that some dispersal of banking activities from London and the South East of the country is possible.

scholarly journals Improvement of Russian criminal legislation in the field of combating sports crimes

2021 ◽  
Vol 12 (3) ◽  
pp. 604-620
Author(s):  
Inna A. Krupnik ◽  
◽  
Yucel Ogurlu ◽  
Erkin A. Ongarbaev ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Sporting Events ◽  
Main Research ◽  
Administrative Functions ◽  
Sporting Event ◽  
Criminal Legislation ◽  
Methodological Aspects

The article analyzes the novelties of Russian criminal legislation in the field of combating crimes in the field of sports. The relevance of the problem is due to the insufficient development of the theoretical and scientific-methodological aspects of the mechanism of legal protection of public relations in the field of professional sports in Russia. The purpose of the article is to develop a concept for the development of criminal legislation on responsibility for sports crimes. The main research method of this problem is formally legal, which allows the authors to formulate proposals for improving the criminal law. In addition, comparative legal and sociological methods were used to ensure the reliability of the results obtained. The study revealed that the following acts that infringe on relations in the field of sports are subject to criminalization within the framework of current Russian criminal law: 1) giving and receiving bribes by persons performing organizational and administrative and administrative functions in connection with the organization and conduct of professional sporting events; 2) hooligan behavior of spectators and other persons present during a professional sporting event. The study is aimed at the formation of a system of competencies among law enforcement officers to counteract violations in the field of sports, including the use of criminal law enforcement measures. The novelty and originality of the study lies in the fact that for the first time a concept is proposed for the development of criminal legislation on responsibility for crimes in the field of sports in the form of a revision of the corresponding criminal law norms.

scholarly journals The problems of criminal protection of persons in Ukraine

2020 ◽  
pp. 50-57
Author(s):  
Serhii Kirienko
Keyword(s):  
Criminal Law ◽  
Elderly Person ◽  
Legal Protection ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Voluntary Consent ◽  
Criminal Protection ◽  
Definition Of ◽  
A Minor ◽  
Criminal Legislation

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment. The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population. The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person. Key words: crime, responsibility, qualification, term.

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