scholarly journals INTERNATIONAL COOPERATION IN FINANCIAL FRAUD INVESTIGATION

2018 ◽  
Vol 4 (4) ◽  
pp. 252-257
Author(s):  
Volodymyr Ortynskyi ◽  
Yuliia Chornous ◽  
Nataliia Pavliuk
Keyword(s):  
International Cooperation ◽  
Effective Interaction ◽  
Legal Regulation ◽  
Financial Fraud ◽  
Practical Implementation ◽  
Structural Method ◽  
Criminal Proceedings ◽  
National Legislation ◽  
Legal Method ◽  
Practical Recommendations

The aim of the article is to formulate theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud. The subject of the study is international cooperation in the investigation of financial fraud. Methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the preconditions for the origin of financial fraud as a crime of international nature, the establishment of the institute of international cooperation in criminal proceedings. The comparative legal method enabled to compare doctrinal approaches to the differentiation of tasks and forms of international cooperation in the investigation of financial fraud. The system-structural method enabled to determine the tasks of the pretrial investigation bodies in the investigation of financial fraud considering the functional aspect of the relevant bodies and individuals. The methods of grouping and classification were the basis for the author’s approach to the definition of features of financial fraud as a crime of an international nature. The technical legal method enabled to examine the state of affairs in the legal regulation of the application of international cooperation measures in the investigation of financial fraud at the international and national levels, to identify its shortcomings, which determine the problems of practical implementation, to develop recommendations aimed at their elimination. The results of the study revealed that improvement of the international cooperation in the investigation of financial fraud involves the use of new methods and means of investigation (legal proceedings within the framework of international legal assistance, joint investigation teams, etc.); working out effective interaction with the competent authorities of foreign countries and international organizations. It is important to conclude international cooperation agreements, including interagency agreements; to improve the national legislation to comply with the provisions of international law; to harmonize the legislation of Ukraine and European states. Practical implications. In the research, financial fraud is defined as a crime of an international nature; the problematic issues of its investigation are determined; features of international cooperation in the investigation of financial fraud; the areas of its efficiency improvement are suggested. Relevance/originality. The original author’s approach to the formulation of theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud is the foundation for the elaboration of the most promising areas for the development of national legislation and practical activities in this sphere.

scholarly journals Legal regulation of solving problems of pollution prevention Oceans

2020 ◽  
Author(s):  
S.V. Strygina
Keyword(s):  
Social Responsibility ◽  
International Cooperation ◽  
Marine Environment ◽  
Pollution Prevention ◽  
Environmental Problems ◽  
Legal Regulation ◽  
Legal Basis ◽  
National Legislation ◽  
The World

The article analyses the legal basis of activities of cleaning up the world oceans. It is emphasized that they are complex. The role of the UN in solving environmental problems is also highlighted. The need for international cooperation in the protection of the marine environment is mentioned. The article raises the problem of improving both international and national legislation and eliminating gaps in the law. The importance of social responsibility of business is emphasized.

scholarly journals Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation

2019 ◽  
pp. 161-173
Author(s):  
O. Metelev
Keyword(s):  
Human Rights ◽  
Rapid Development ◽  
Crime Scene ◽  
Legal Regulation ◽  
Information Environment ◽  
Telecommunication Networks ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Telecommunications Networks ◽  
National Legislation

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals PLACEMENT OF A PERSON IN A MEDICAL INSTITUTION IN ORDER TO CONDUCT A PSYCHIATRIC EXAMINATION: INTERNATIONAL STANDARDS AND NATIONAL REALITIES

2020 ◽  
Vol 73 (9) ◽  
pp. 2020-2025
Author(s):  
Olga I. Tyshchenko ◽  
Ivan A. Titko
Keyword(s):  
Mental Disorders ◽  
Synthesis Method ◽  
International Standards ◽  
Medical Institution ◽  
Structural Method ◽  
Sociological Research ◽  
Criminal Proceedings ◽  
Legal Method ◽  
Compliance Level ◽  
The Right

The aim: The aim of this work is to identify the compliance level of modern practice of placement of a person in a medical institution in order to conduct the FPE to international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person; formulation of scientifically substantiated proposals on the synchronization directions of national practices with the specified international standards. Materials and methods: During the preparation of the article the following was processed: scientific research on ensuring the rights of persons suffering from mental disorders in criminal proceedings; provisions of international agreements on the provision of psychiatric care; legal positions of the ECHR on the observance of persons’ rights suffering from mental disorders (15 judgments on this topic); criminal procedural legislation of individual states; results of generalization of national law enforcement practice; the results of a survey conducted by the authors of 18 psychiatrists who practice in the field of forensic psychiatric examinations (psychiatrists working in state psychiatric clinics in Odesa, Poltava, Kharkiv were interviewed). In the process of research a set of general scientific and special methods of cognition was used (comparative-legal method, system-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.). Results: According to the research results: a) legal positions of the ECHR on the observance of the rights of persons suffering from mental disorders are identified and generalized; b) the compliance level of modern practice of placing a person in a medical institution in order to conduct the FPE with international standards and legal positions of the ECHR in terms of ensuring the right to liberty and security of person (§ 1 of Article 5 of the Convention); c) the degree of extrapolation of these positions to the activities of psychiatrists is analyzed; d) the optimal ways of solving the existing problems in the aspect of ensuring the rights of a person when placing them in a medical institution for an inpatient FPE are proposed. Conclusions: The current national practice of placing a person in a medical institution for an inpatient FPE does not fully comply with the legal positions of the ECHR in terms of ensuring the right to liberty and security of person (in particular, there are deviations from the positions of the ECHR on: determining the documentary basis for the appointment of an inpatient FPE; interaction of police and medical workers in the field of psychiatry during the detention of a person with a mental disorder).

scholarly journals Forensic prevention of crimes in criminal investigation techniques

2021 ◽  
Vol 10 (46) ◽  
pp. 162-168
Author(s):  
Viktor Vasylynchuk ◽  
Valentyn Kovalenko ◽  
Viacheslav Nekrasov ◽  
Oleksii Kopan ◽  
Roman Shchupakivskyi
Keyword(s):  
Crime Prevention ◽  
Semantic Analysis ◽  
Functional Method ◽  
Practical Implementation ◽  
Structural Method ◽  
Legal Analysis ◽  
Analysis Method ◽  
Legal Method ◽  
Criminal Offenses ◽  
General Scientific

The purpose of the article is to determine the place and role of forensic prevention in the structure of methods of investigation of certain types of crimes. The subject of research is the concept and features of forensic prevention. The research methodology includes general scientific and special methods of legal science: historical and legal method; structural and functional method; system and structural method, logical and semantic analysis method, formal and legal analysis method. Research results. The issues related to the characteristics of forensic crime prevention are considered. Different points of view on the role, significance and structure of forensic crime prevention are summarized and the conclusion that this legal institution is an integral part of forensic science is made. Practical implementation. The main methods and means of forensic prevention of criminal offenses are determined. Value / originality. It is concluded that the prevention of crimes should be aimed at neutralizing and eliminating the causes that contribute to their commission, and the pre-trial investigation authorities should play the key role in this process.

scholarly journals PRESUMPTION OF MENTAL HEALTH VS FORENSIC PSYCHIATRIC EXAMINATION REPORT: MEDICAL AND LEGAL ASPECT

2021 ◽  
Vol 74 (11) ◽  
pp. 2934-2939
Author(s):  
Olga I. Tyshchenko ◽  
Ivan A. Titko
Keyword(s):  
Mental Health ◽  
Legal Aspect ◽  
Synthesis Method ◽  
Structural Method ◽  
Sociological Research ◽  
Special Importance ◽  
Criminal Proceedings ◽  
Legal Method ◽  
Court Hearing ◽  
Competent Assessment

The aim: The aim of this work is a legal analysis of the mental health presumption and its application by judges in assessing the report of the FPE; formulation of scientifically substantiated proposals for determining the criteria for the judge’s assessment of the FPE report in refuting the presumption of mental health context. Materials and methods: The basis for the article was the results of scientific research published by representatives of different states regarding the criteria for assessing the expert’s opinion as a procedural source of evidence; legislation (in the field of psychiatric care and criminal justice) of a number of European and Asian states and its implementation xperience; results of the survey of 88 judges conducted by the authors (judges of local courts of Ukraine, the survey was conducted in 2020) on key issues of ensuring the participation of a person suffering from a mental disorder in a court hearing. In this research, a complex of general and special scientific methods of cognition was used (comparative legal method, systemic-structural method, generalization method, method of analysis and synthesis, method of sociological research, method of expert assessments, etc.) Results: According to the results of the research: a) it is stated that the presumption of a person’s mental health is a common European standard, regardless of the normative consolidation at the level of domestic legislation; b) it is proved that the effectiveness of the judge’s use of the presumption of mental health in criminal proceedings directly correlates with his or her competent assessment of the FPE report and the providing appropriate argumentation in a court hearing; c) the factors that allow the judge to correctly assess the report of the FPE and put it in the basis of decision-making (that is, to refute the presumption of mental health of a person), or, on the contrary, to deny it (stating that the presumption of mental health has not been abolished). Conclusions: As a principle of modern psychiatry, the presumption of mental health is directly correlated with the FPE report, based on which it can be refuted. This determines the special importance of a competent assessment of this procedural source of evidence, the need for the judge to take into account several factors and to provide appropriate argumentation in the court hearing.

scholarly journals FINANCIAL OFFENSES IN THE CIRCULATION OF MEDICINES IN THE CONTEXT OF GLOBALIZATION

2019 ◽  
Vol 4 (5) ◽  
pp. 140
Author(s):  
Oksana Kuzmenko ◽  
Tetiana Matselyk ◽  
Viktoriia Chorna
Keyword(s):  
Drug Trafficking ◽  
Legal Regulation ◽  
Pharmaceutical Market ◽  
Structural Method ◽  
Negative Effects ◽  
Legal Principles ◽  
Legal Method ◽  
State Of Affairs ◽  
Definition Of ◽  
Key Aspects

The aim of the article is to study theoretical legal principles of financial offenses in the circulation of medicines in the context of globalization. The subject of the study is financial offenses in the circulation of medicines in the context of globalization. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the challenges of the circulation of medicines in Ukraine. The comparative legal method enabled to compare doctrinal approaches to the differentiation of medicinal products in the pharmaceutical market in Ukraine and the EU as a whole. The system-structural method contributed to the consideration and identification of the most negative effects of the shadow circulation of medications on the Ukrainian economy. The methods of grouping and classifying were the basis for the author’s approach to the identification of types of trafficking in medicines in Ukraine. The technical legal method enabled to interrogate the state of affairs in the regulatory and legal regulation of the national system of the pharmaceutical market of Ukraine and highlight the problematic issues of drug trafficking in the pharmaceutical market of Ukraine, as well as the negative trends in increasing the total medication circulation in the shadow pharmaceutical market. The results of the study enabled to highlight the drivers of the prosperity of drug trafficking in the pharmaceutical market in Ukraine. Practical implications. In the study: first, the key aspects of the definition of the concept and types of financial offenses in the circulation of medicines are outlined; second, the challenges of detection of financial offenses in the circulation of medicines in Ukraine are underlined, and scientific approaches to certain financial and legal challenges of detection, available in the special literature, are analysed and compared; third, the author’s original perspective concerning potential solutions to the challenges of detection of financial offenses in the circulation of medicines in Ukraine is substantiated. Relevance/originality. The original author’s approach to the definition of the concept, types, and challenges of detection of financial offenses in the circulation of medicines is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals REMUNERATION OF PUBLIC SERVANTS IN THE FEDERAL REPUBLIC OF GERMANY

2019 ◽  
Vol 4 (5) ◽  
pp. 228
Author(s):  
Larysa Nalyvaiko ◽  
Galiya Chanysheva ◽  
Serhii Kozin
Keyword(s):  
Federal Republic ◽  
Public Service ◽  
Legal Regulation ◽  
Civil Servants ◽  
Structural Method ◽  
Federal Republic Of Germany ◽  
Public Servants ◽  
Legal Method ◽  
Public Servant ◽  
The Law

The aim of the article is to determine the specificities of the remuneration of civil servants in the Federal Republic of Germany. The subject of the study is the remuneration of civil servants in the Federal Republic of Germany. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method enabled to interrogate the development of the institution of the remuneration of civil servants in the Federal Republic of Germany. The comparative legal method enabled to compare doctrinal approaches to this issue. The system-structural method enabled to determine the elements of the remuneration of civil servants of the Federal Republic of Germany. Methods of analysis and synthesis helped study certain parts of this institute to formulate further conclusions about its most optimal functioning. The logicsemantic method was used to determine the content of the principles of “ensuring a decent standard of living for a public servant,” “equality of public service actors” and “allowance/supplies”. The normative-dogmatic method enabled to analyse the content of legal regulations of the domestic legislation and the legislation of the Federal Republic of Germany on the issue. Practical implications. The determination of the specificities of the remuneration of public servants in the Federal Republic of Germany enabled to make recommendations for improving the remuneration system of this category of employees in Ukraine, as well as identify problematic issues that require further consideration and research. Relevance/originality. The author’s definition of the concept of “remuneration of public servants” is proposed and the specific features of this institute, insufficiently studied before, are analysed. The article analyses the specificities of the remuneration of public servants. Their list is determined and the content of each of them is disclosed. The specificities of the remuneration of public servants are substantiated in comparison with other categories of employees. The study of the positive experience of Germany enabled to suggest: to adopt a special legal regulation on the remuneration of public servants in Ukraine, that is, the Law of Ukraine “On Remuneration of Public Servants”; to provide in the norms of the Law of Ukraine “On Public Service” the allowances for the professionalism of a public servant; to provide public servants with the opportunity to carry out another paid activity subject to the special permission of the head of a state body.

Tendencies of Development of Activities of a Prosecutor in Elimination of Obstacles to Consideration and Resolution of Criminal Cases under the 1864 Charter of Criminal Proceedings

2020 ◽  
Vol 15 (1) ◽  
pp. 36-45
Author(s):  
M. F. Yelchiev
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Historical Experience ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Additional Investigation

The paper substantiates the relevance of historical experience of the legal regulation in the context of the modern reform of the prosecutor’s work aimed at elimination of obstacles to consideration and resolution of criminal cases with a view to ensure the adoption of a lawful and reasonable decision on the case, which will certainly contribute to the achievement of the objectives of criminal proceedings. The paper investigates the cases of the 19th century when prosecutors returned criminal cases for additional investigation at the pre-trial stage of criminal proceedings. The author has examined the evolution of the goals, objectives and functions of the institution of return of cases by the prosecutor for further investigation in the specified period. The subject of the study amounts to the examination of the institution of additional investigation from the standpoint of its historical genesis. The author focuses on the analysis of the procedure applied to cases returned by the prosecutor for further investigation, the grounds for investigation and ways of correcting the revealed violations. Taking into account the historical experience, the author comes to the conclusion that it is necessary to improve the activity of the prosecutor aimed at eliminating obstacles. The author has formulated and substantiated proposals for modernization of the legal regulation of the procedure under consideration, as the return of the case for additional investigation constitutes a reserve mechanism for achieving the purpose of criminal proceedings that has restorative nature with regard to the legal rights and interests of the participants of criminal proceedings and their compliance with the relevant legal procedure. This procedure is important for making the right decision on the merits. Thus, the purpose of the work is to elucidate the process of formation and functioning of the institution of additional investigation enshrined in the Charter of Criminal Proceedings. To achieve this goal, the basic scientific methods (dialectical method of cognition, method of systematic analysis, deduction and induction, methods of comparisons and analogies, and a number of others) have been used. The main objectives of the study have been achieved on the basis of the comparative legal method. The practical significance of the work is that it justifies the need for legislative unification of legal norms regulating the activities of the prosecutor aimed at removing the obstacles to the consideration and resolution of criminal cases and introduction of appropriate amendments and additions to normative legal acts that would coordinate the procedure for sending cases by the procurator for additional investigation in strict compliance with the fundamental principles of domestic criminal proceedings.

scholarly journals Current problems of the institute of extradition in modern criminal proceedings Russian Federation

2020 ◽  
pp. 126-135
Author(s):  
S. V. Matveev ◽  
S. M. Kolotova
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Legislative Framework ◽  
The Russian Federation

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 

Sign in / Sign up

Export Citation Format

Share Document