scholarly journals MODERN TECHNOLOGIES OF ACQUISITION OF FUNDS OF CITIZENS BY THE FINANCIAL PYRAMID

2018 ◽  
Vol 4 (4) ◽  
pp. 356-360
Author(s):  
Sergii Cherniavskyi ◽  
Andriy Zapototskyi ◽  
Anton Syzonenko
Keyword(s):  
Criminal Activity ◽  
Active Phase ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Form ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
General Scientific ◽  
Concepts Of Technology

The purpose of the article is to study the criminalistics of the use of the most common technologies of acquisition of funds of citizens, done by the way of the financial pyramid. The subject of the study is the content of criminal technology of fraudulent way of the financial pyramid. Methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The historical-legal method allowed determining the genesis of the concepts of “technology of criminal activity” and “financial pyramid”, as well as the formation of scientific and theoretical views on problems and methods of combating them. The comparative legal method was used to compare the doctrinal approaches of legislative regulation to counteract fraud committed by the method of the financial pyramid. The system-structural method contributed to the awareness of the technologies of preparing, committing, and concealing the fraud. The methods of grouping and classification were the basis for the author’s approach to the differentiation of technologies for the acquisition of funds of citizens, depending on the organizational and legal form, under the cover of which a financial pyramid was created. The statistical method is used in the analysis of investigative and judicial practice for ten years. The results of the study showed that the method of financial pyramid used for committing fraud is fully structured and includes criminal technologies for preparing, committing, and concealing the fraud. The combination of separate technologies in the mechanism of the crime is aimed at masking the active phase of criminal activity under civil-law relations, which complicates the timely detection of the signs of the crime both by the victim and by law enforcement agencies. Practical implications. The research carried out the typing of fraudulent techniques using the financial pyramid method, which is the basis for developing and improving methods of disclosure and investigation of crimes. Value/ originality. On the basis of the proposed author’s approach to the differentiation of technologies of criminal activity, it is possible to predict the emergence of the new ways of committing fraud in the financial sector.

scholarly journals NORMAL BUSINESS ACTIVITIES OF THE DEBTOR IN BANKRUPTCY: CRITERIA FOR RECOGNITION AND THE IMPORTANCE OF THE GOOD FAITH OF THE COUNTERPARTY

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 140-150
Author(s):  
Дарья Владимировна КОРОЛЁВА
Keyword(s):  
Empirical Method ◽  
Good Faith ◽  
Legal Interpretation ◽  
Close Attention ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
System Method ◽  
General Scientific ◽  
Interpretation Method

Legal scholars draw close attention to the issue of the content of normal business activities. It is still necessary to take into account not only the already systematized explanations of the higher courts on specific issues in every insolvency case, but also the dynamics of judicial practice and certain aspects of the debtor’s bankruptcy. A topical issue is whether transactions of a bankrupt debtor made during a period of suspicion and in arrears of payment can be classified as transactions concluded in the course of the debtor’s normal business activities. Purpose: to form a judgment on the conditions under which debtor`s transactions made during a period of suspicion and delay of performance may be assimilated by the court to its normal business activities. Methods: the author uses both general scientific methods (system method, empirical method) and special methods (comparative legal method, legal interpretation method). Results: the criteria for understanding transactions made during the period of suspicion and in delay of performance as the debtor’s normal business activities are defined; the importance of the good faith principle of the debtor’ counterparty is determined.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals Legal regulation of unmanned aerial vehicles application in the surveillance of the state border of Ukraine

2021 ◽  
Vol 10 (40) ◽  
pp. 190-200
Author(s):  
Serhii Khalymon ◽  
Svitlana Hrynko ◽  
Valentyn Zolka ◽  
Ruslan Hrynko ◽  
Nataliya Volynets
Keyword(s):  
Unmanned Aerial Vehicles ◽  
Legal Regulation ◽  
The State ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Documents ◽  
Legal Method ◽  
Aerial Vehicles ◽  
General Scientific ◽  
Border Surveillance

The goal of the article is to develop proposals for the improvement of the existing normative legal documents regulating UAVs application in the surveillance of the state border of Ukraine. The research methods have been selected based on the goal and tasks of the research. A complex of general scientific and special-scientific methods has been used in the process of the research. In particular, the use of comparative and formal-logical methods made it possible to investigate the evolution of legal regulation of UAVs application by the law enforcement agencies and military formations in Ukraine. The logical and legal method has been used for the development, argumentation and determination of the directions of improving the legal regulation of UAVs application in the process of the state border surveillance. The article reveals the proposals for the improvement of the existing normative legal documents regulating unmanned aerial vehicles (UAVs) application in the surveillance of the state border of Ukraine. It is concluded that UAVs application is effective in the surveillance of the state border of Ukraine, since information obtained with the help of these aerial vehicles allows to effectively and rapidly establish facts of the state border violation and detain its violators.

scholarly journals Claims for Recognition of a Registered Contract as Terminated and the Right of Obligation as Absent

2021 ◽  
pp. 57-83
Author(s):  
V. A. Boldyrev ◽  
Keyword(s):  
Scientific Methods ◽  
Legal Rules ◽  
Legal Studies ◽  
Judicial Practice ◽  
Legal Method ◽  
Legal Nature ◽  
General Scientific ◽  
The Law ◽  
Time Changes ◽  
The Right

Introduction: claims for recognition of a registered contract as terminated and the right of obligation as absent combine the following features: (1) they are declaratory; (2) belong to the category of negative ones; (3) are not explicitly stated in the law; (4) are recognized by judicial practice; (5) are aimed solely at eliminating legal uncertainty. The unity of features determines the need to analyze these types of claims within a single study. Purpose: to establish the reasons for the occurrence in practice of claims for recognition of a registered contract as terminated and the right of obligation as absent. Methods: general scientific (dialectical) method of cognition of scientific concepts of private law; special scientific methods of cognition: formal-legal method, historical-legal method, method of comparative legal studies, forecasting. Results: the transition of the claim for recognition of the right of obligation as absent to the category of remedies directly referred to in acts of official interpretation of law entails great risks. As soon as the emerging practice is recorded in an act of interpretation, the following will happen. Firstly, the number of cases of its use in practice will be likely to increase, which will entail an increased burden on courts. Secondly, there will appear the prerequisites for the full formal legalization of the phenomenon, as has already happened with the recognition of a contract as not concluded and the recognition of the right to a thing as absent. Should there be no registration actions in the Russian legal system, there would not be so many claims of a negative legal nature recognized by practice, including the claim for the recognition of a registered contract as terminated. Protective legal rules aimed at regulating claim-based relations that have the purpose of ensuring a more stable existence of regulatory relations are often formalized in the law, being widely applied in practice by the time changes are introduced into the law.

scholarly journals LEGAL CHARACTERISTIC OF THE FRANCHISE AGREEMENT IN GERMANY

2019 ◽  
Vol 5 (1) ◽  
pp. 96
Author(s):  
Tsahik Kolinko ◽  
Krystyna Rezvorovych ◽  
Maryna Yunina
Keyword(s):  
Scientific Paper ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
German Legislation ◽  
General Scientific ◽  
Definition Of ◽  
Practical Implications

The purpose of the article is to study the legal nature of the franchise agreement in Germany. The research subject is the franchise agreement in Germany. The methodology of research. The study is based on the use of general scientific and special scientific methods and techniques of scientific cognition. The dialectical method allowed studying the definition of franchising agreement in Germany and its essentials. The comparative legal method was applied in order to compare doctrinal approaches to this issue. Interpretation of the content of laws and regulations of German legislation covering issues related to the conclusion of the franchising agreement in this country was carried out by means of the normative-dogmatic method. The system-structural method was used to study franchising agreement in Germany as a unitary whole (system) with coordinated functioning of all its elements. Methods of grouping and classification formed the basis for singling out a list of requirements needed to conclude franchising agreement in Germany, as well as provision to be included in this agreement. Methods of analysis and synthesis helped to investigate separate parts of such an agreement in order to formulate further conclusions. Practical implications. The positive experience of Germany in the regulation of issues related to the conclusion of the franchising agreement can be used for introducing corresponding changes in the legislation of Ukraine. Value/ originality. This scientific paper is the first study in Ukraine devoted not to general issues of regulation of franchising activity in Europe but specifically to franchising agreement in a separate country (in Germany).

scholarly journals SPECIFICITY OF REMUNERATION FOR PUBLIC SERVANTS

2019 ◽  
Vol 4 (5) ◽  
pp. 82
Author(s):  
Oleksii Drozd ◽  
Viktor Kostiuk ◽  
Vasyl Ilkov
Keyword(s):  
Structural Method ◽  
Public Servants ◽  
Scientific Methods ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

The aim of the article is to determine the specificities of the remuneration for public servants in Ukraine. The subject of the study is the remuneration for public servants in Ukraine. 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 remuneration for public servants in Ukraine. The comparative legal method enabled to compare doctrinal approaches to this issue. The system-structural method enabled to determine the elements of the remuneration for public servants. Methods of analysis and synthesis helped study separate parts of this institute to formulate further conclusions about its most optimal functioning. The logic-semantic method was used to determine the content of the concept of “remuneration for public servants”. The normative-dogmatic method enabled to analyse the content of legal regulations of the domestic legislation on the issue. Practical implications. The determination of the specificities of the remuneration for public servants in Ukraine enabled to make recommendations for improving the remuneration system of this category of workers, as well as identify problematic issues that require further consideration and research. Relevance/originality. The author’s definition of the concept of “remuneration for public servants” is proposed and the specific features of this institute, insufficiently studied before, are analysed. The article analyses the specificities of the remuneration for public servants. Their list is determined and the content of each of them is disclosed. The specificities of the remuneration for public servants are substantiated in comparison with other categories of employees.

scholarly journals Crime prevention in the field of computer technologies at the present stage in the Russian Federation: problems and ways to solve them

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 445-460
Author(s):  
Dina Viktorovna Alontseva ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Computer Crime ◽  
Present Stage ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
Domestic Legislation ◽  
The Russian Federation

In the article, based on the analysis of existing approaches to the state and structure of computer crime in the Russian Federation, the authors formulated the concept of "computer crime", identified the key features of this type of crime; and also, based on the analysis of the causes and conditions of committing crimes in the field of high technologies, developed a set of special legal, ideological, managerial, organizational and forensic measures that are aimed at preventing and preventing computer crimes. Alontseva Dina Viktorovna; Lavrishcheva Olga Anatolyevna In the course of this research, the norms of international acts, domestic legislation, reports and statistics of law enforcement agencies of the Russian Federation and specialized organizations, materials of judicial practice were studied, as well as doctrinal sources on the topic of the work were analyzed. The authors used general methods of scientific cognition (dialectical, inductive, deductive), as well as private scientific methods used in the legal sciences-the method of comparative law and the formal legal method.

scholarly journals ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN POLAND

2019 ◽  
Vol 5 (1) ◽  
pp. 137
Author(s):  
Petro Nemesh ◽  
Vitalii Kadala
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Legal Aspects ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Key Terms

The purpose of the article is to study the economic and legal nature of the franchise agreement in Poland. Since franchising in this country has become the most common way of establishing a business, it is advisable to identify the key economic and legal features of the franchise agreement in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in Poland. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Poland and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of Polish legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Poland as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Poland, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Poland in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Although there is no special legislation in Poland, which regulates the issues connected with this kind of contract, the adoption of a number of progressive economic measures, as well as complement existing regulations with the provisions on franchising, allowed Poland to become one of the most attractive countries for foreign entrepreneurs. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Poland) and its legal and economic peculiarities.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

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