Manipulating the digital asset market: challenges in establishing a criminal legal defense regime

2021 ◽  
Vol 23 (2) ◽  
pp. 68-73
Author(s):  
ZARINA KHISAMOVA ◽  
◽  
ELENA KOMOVA ◽  
Keyword(s):  
Criminal Law ◽  
Asset Market ◽  
Effective Protection ◽  
Wide Availability ◽  
Digital Asset ◽  
Low Efficiency ◽  
The Moment ◽  
Legal Defense ◽  
Digital Assets ◽  
Selfish Interest

The growth of the digital asset ecosystem has led to the emergence of hundreds of crypto exchanges that facilitate the trade of digital assets. This phenomenon did not remain without the attention of malefactors. Today, we can talk about an independent type of “cryptocurrency exchange crime”. The article analyzes the key criminal trends and formulates the main recommendations for the prevention of criminal encroachments in the cryptocurrency market. At the moment, one of the most common manipulative schemes is “pump and dump”, which became notorious at the turn of the 90s and 2000s. To date, no jurisdiction has created an effective protection regime against such fraud. The authors highlight the main reasons for the low efficiency of the measures taken: the presence of digital assets on the Internet led to the online nature of all stages of manipulations coordinated by anonymous groups in social networks; wide availability and lack of restrictions on the placement of tokens predetermined their regular and widespread placement (as opposed to an IPO); selfish interest of crypto-exchange sites that receive a commission from a transaction. It is emphasized that regulators’ search for a balance between innovation and investor protection is driving the reluctance of many jurisdictions to introduce proper criminal law protection regimes.

Digital Objects: The Legal Peculiarities, the Role and Prospects of Use

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 226-238
Author(s):  
Timur Giorgievich Okriashvili ◽  
Voronin Maksim Valer'evich ◽  
Albert Valentinovich Pavlyuk ◽  
Elena Anatolyevna Kirillova
Keyword(s):  
Statistical Methods ◽  
Digital Input ◽  
Legal Standards ◽  
Methods Of Analysis ◽  
Digital Objects ◽  
Digital Asset ◽  
The Moment ◽  
The Right ◽  
Modern Technologies ◽  
Digital Assets

Digital assets are increasingly used in civil invoicing, which requires the development and unification of legal standards in the field of the creation and use of digital assets. The main objective of this study is to define digital assets as a legal category and precisely characteristics for the digital objects of other civil objects according to identifications. Methods of analysis of legal standards, collection and study of individual facts, statistical methods, scientific abstraction methods and methods of representation of the archives were used. The study that digital objects are an independent legal category, which is an intangible digital asset that can only be created with the help of modern technologies, my that ownership of digital objects arises from the moment of verification with a verification with a code and the realization of a digital input. in a special transaction log. For the right of inheritance of digital objects, it is necessary to implement a verification of holder verification and identification of digital objects during their creation and disposal.

scholarly journals Criminal Law Policy in Handling Digital Asset-Based Money Laundering in Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 129-176
Author(s):  
Dipo Lukmanul Akbar
Keyword(s):  
Information Technology ◽  
Money Laundering ◽  
Criminal Law ◽  
Rapid Development ◽  
Industrial Society ◽  
Digital Information ◽  
Cultural Economic ◽  
Digital Asset ◽  
Worldwide Network ◽  
Digital Assets

The rapid development of information technology has given birth to a variety of services with a variety of digital information facilities, where the sophistication of information technology-based products is able to integrate all information media so as to make the world become borderless and cause significant social, cultural, economic and law enforcement changes take place quickly. Nevertheless, the conditions in Indonesia which are growing and developing towards an information technology-based industrial society, in some cases are still lagging behind to follow the development of information technology. The concepts and theories used to analyze are Criminal Law Policy, Law Number 8 of 2010 concerning Money Laundering. The paper emphasized that the development of information technology that is developing now, especially in the field of digital assets is able to become an opportunity for money laundering. The paper highlighted that in the case of committing the crime of money laundering is carried out using the digital currency-based information technology method and can be used for cross-country trade. So that the crime of money laundering based on digital assets is very easy to do and can have a worldwide network. 

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals O SKUTKOWOŚCI PRZESTĘPSTW FORMALNYCH

2016 ◽  
Vol 14 (1) ◽  
pp. 159
Author(s):  
Paweł Nowak
Keyword(s):  
Criminal Law ◽  
Polish Law ◽  
The Moment ◽  
Definition Of

CRIMINAL CONSEQUENCES OF FORMAL OFFENCESSummaryThe author discusses the concept of criminal consequence in Polish law. Debate is still going on in the theory and jurisdiction of Polish criminal law on whether a particular crime or offence should be classified as formal (przestępstwa formalne) or as consequential (przestępstwa skutkowe – viz. crimes/offences incurring criminal consequences; cf. inchoate crimes or offences). A point which turns out to be particularly problematic in this respect is the definition of criminal consequence, to enable a distinction to be drawn between formal and consequential (inchoate) offences/crimes. The author concludes that in practice all offences and crimes have a consequence. If a state in which a specific danger has emerged may be treated as a criminal consequence, it should also be admissible to treat a state in which an abstract danger has been created as a criminal consequence. Viewed from this aspect, all crimes are formal; for instance incitement is committed the moment when its perpetrator addresses words encouraging the commission of a crime to another person.

scholarly journals Personality Disoder and Their Judicial- Psychiatric-estimation of the Russian Federation

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
S. Vasyukov ◽  
A. Baeva
Keyword(s):  
Personality Disorder ◽  
Mental Disorders ◽  
Personality Disorders ◽  
Criminal Law ◽  
Criminal Liability ◽  
Icd 10 ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Diminished Responsibility

In modern Russian criminal law means diminished responsibility, that the subject is not capable to regulate meaningly legally significant behaviour at the moment of socially dangerous act. Such disability comes at presence if the subject has the chronic or time mental disorder, an aphrenia or other disease state of mentality. The specified clinical phenomena define medical criterion of diminished responsibility. Special interest represents disorders which in ICD- 10 concern to «Personality Disorders» (F60-F68). Here mental disorders which have no so-called remedial basis are meant, or in their structure it is impossible to note signs of weakening process. At the same time they not only qualitatively differ from the accepted norm, but also under known conditions possess that depth or expression that can be regarded as medical criterion of the formula of diminished responsibility. The research which has been spent in the Department of psychogenias and personality disorders of Institute of Serbsky included 80 men at the age from 20 till 45 years by which the diagnosis «Personality disorder» was established. It has shown that there can be 3 variants of influence on responsibility: they can cause full loss of liability; can essentially reduce the criminal liability; their presence can be neutral and not render influences on liability. The analysis of expert judgements shows, that in expert judgements about disability of the subject to regulate the behaviour meaningly it is necessary to estimate components both medical, and psychological criteria of diminished responsibility.

Trade or Trick?

2021 ◽  
Vol 5 (3) ◽  
pp. 1-26
Author(s):  
Pengcheng Xia ◽  
Haoyu Wang ◽  
Bingyu Gao ◽  
Weihang Su ◽  
Zhou Yu ◽  
...  
Keyword(s):  
Machine Learning ◽  
Security And Privacy ◽  
Smart Contracts ◽  
Early Stages ◽  
Asset Trading ◽  
Digital Asset ◽  
Guilt By Association ◽  
Privacy Issues ◽  
Digital Assets

The prosperity of the cryptocurrency ecosystem drives the need for digital asset trading platforms. Beyond centralized exchanges (CEXs), decentralized exchanges (DEXs) are introduced to allow users to trade cryptocurrency without transferring the custody of their digital assets to the middlemen, thus eliminating the security and privacy issues of traditional CEX. Uniswap, as the most prominent cryptocurrency DEX, is continuing to attract scammers, with fraudulent cryptocurrencies flooding in the ecosystem. In this paper, we take the first step to detect and characterize scam tokens on Uniswap. We first collect all the transactions related to Uniswap V2 exchange and investigate the landscape of cryptocurrency trading on Uniswap from different perspectives. Then, we propose an accurate approach for flagging scam tokens on Uniswap based on a guilt-by-association heuristic and a machine-learning powered technique. We have identified over 10K scam tokens listed on Uniswap, which suggests that roughly 50% of the tokens listed on Uniswap are scam tokens. All the scam tokens and liquidity pools are created specialized for the "rug pull" scams, and some scam tokens have embedded tricks and backdoors in the smart contracts. We further observe that thousands of collusion addresses help carry out the scams in league with the scam token/pool creators. The scammers have gained a profit of at least $16 million from 39,762 potential victims. Our observations in this paper suggest the urgency to identify and stop scams in the decentralized finance ecosystem, and our approach can act as a whistleblower that identifies scam tokens at their early stages.

Assisting Cognitive Recall and Contextual Reuse by Creating a Self-Describing, Shareable Multimedia Object

2011 ◽  
pp. 50-73 ◽  
Author(s):  
Michael Verhaart ◽  
Kinshuk
Keyword(s):  
Digital Media ◽  
Cognitive Processes ◽  
Computer Systems ◽  
Multiple Representations ◽  
Multimedia Object ◽  
Metadata File ◽  
Digital Asset ◽  
Digital Assets ◽  
Over Time

Digital media elements, or digital assets, are used to illustrate things such as images, sounds, or events. As humans, we use many senses to assist our cognitive processes, and providing multiple representations will enhance our ability to store, recall, and synthesise the knowledge and information contained in the digital asset. This chapter introduces a model for a multimedia object, that allows multiple representations to be managed, and includes a structured metadata file describing the asset that captures the original context. Humans are capable of classifying and describing millions of such objects, but recalling context and content often blurs over time. Computer systems provide us with a way to store electronic objects, and with a variety of representations and sufficient metadata they can be used to assist cognitive recall.

The Impact of International and European Law on the Development of Environmental Protection Through Criminal Law in Poland

2019 ◽  
Vol 11 (1) ◽  
pp. 49-63
Author(s):  
Rafał Łyżwa
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Criminal Law ◽  
Washington Dc ◽  
Legal Regulations ◽  
The European Union ◽  
Natural Ecosystems ◽  
Effective Protection ◽  
Wild Fauna ◽  
The Impact

The issue of environmental protection through criminal law is primarily associated with the fight against the most serious attacks on the environment. The progressive degradation of natural ecosystems, which is an important consequence of the development of human civilisation, has shown that one of the most important challenges of modern man is to provide the environment with adequate and effective protection. It should be emphasized that although the main burden of such protection is implemented through administrative law and to a lesser degree through civil law instruments, the use of criminal law in environmental protection as an ultima ratio of this protection has proved to be absolutely necessary. Legal regulations regarding the criminal law protection of the environment in Poland have gone a long way in terms of development. It should be emphasized, however, that the shape and development of criminal law protection of the environment in Poland has been significantly influenced by European legislation, which was obviously related to Poland’s accession to the European Union in 2004 and international law, in particular the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973 in Washington, DC, and the Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which was opened for signature in Basel on March 22, 1989. The article presents the most important issues related to the impact of European and international law on the development of environmental protection through criminal law in Poland.

Choice, Character, and Excuse

1990 ◽  
Vol 7 (2) ◽  
pp. 29-58 ◽  
Author(s):  
Michael S. Moore
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Choice Theory ◽  
Character Theory ◽  
Mental Life ◽  
Royal Road ◽  
The Moment ◽  
Insight Into

Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters.

Fleeting Mental States

2000 ◽  
Vol 59 (2) ◽  
pp. 273-283 ◽  
Author(s):  
Peter Cane
Keyword(s):  
Criminal Law ◽  
Mental States ◽  
Social Practices ◽  
Philosophical Concept ◽  
The Social ◽  
Time Gap ◽  
Physical Elements ◽  
The Moment ◽  
Tools And Techniques

The philosophical concept of acting intentionally does not entail a perceptible time gap between intention and action. We may say of a person who acts on the spur of the moment that their action was intended or intentional; but in such circumstances, intention and action may seem to merge in a way that makes it difficult to disentangle the mental and physical elements of the person's conduct. The author argues that in this context the tools and techniques used by philosophers of mind and action may not provide us with the best understanding of the social practices of blaming found in the criminal law.

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