Criminological aspects of the application of legislation on liability for economic crimes

2020 ◽  
Vol 6 (1) ◽  
pp. 96-102
Author(s):  
Mikhail A. Smirnov ◽  
◽  
Polina S. Starygina ◽  
Keyword(s):  
Economic Crimes

Deterring economic crimes: The case of tax evasion

1998 ◽  
Vol 40 (2) ◽  
pp. 165-184 ◽  
Author(s):  
Kimberly N. Varma ◽  
Anthony N. Doob
Keyword(s):  
Tax Evasion ◽  
Economic Crimes

Is Rehabilitation Dead?

1977 ◽  
Vol 23 (4) ◽  
pp. 372-382 ◽  
Author(s):  
Seymour L. Halleck ◽  
Ann D. Witte
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Great Increase ◽  
Relative Effectiveness ◽  
Crime Rates ◽  
Crime Problem ◽  
Economic Opportunities ◽  
Rehabilitation Adherence ◽  
Continued Use ◽  
Economic Crimes

This paper examines rising crime rates, findings on the relative effectiveness of deterrence and rehabilitation, and the rise of a civil rights movement in correction, all of which have led to greater emphasis on deterrence and incapacitation and less emphasis on rehabilitation in correctional philosophy and practice. The conclusiveness of the findings that "nothing rehabilitates" and "deterrence works" is questioned. A more careful reading of existing evidence leads to no decisive conclusion on the relative effectiveness of these two philosophies of correction. Much of the failure of rehabilitative programs to date stems from programs limited in duration and quality and evaluated for their ability to alter lifestyles dramatically; many that have been shown to be failures are the result of an inadequate tailoring to offender problems. The great increase in economic crimes points to the need to improve the economic opportunities of offenders rather than altering personality. The civil rights movement in correction alerts us to the need for curbs on certain types of rehabilitative programs, but it should not force us to abandon all attempts at rehabilitation. Adherence to a strict deterrence philosophy because of its economic and humanistic cost is questioned. Finally, a more careful application of rehabilitative programs and their continued use are called for as one approach to the crime problem.

Legal assessment of signs of the subjective part of office-economic crimes in the sphere of implementation of the national project “Healthcare”

2021 ◽  
Vol 2021 (4) ◽  
pp. 152-157
Author(s):  
Yuriy Brazhin
Keyword(s):  
National Project ◽  
Legal Assessment ◽  
Economic Crimes ◽  
Subjective Side

This study is a study of the peculiarities of the subjective side of service and economic crimes in the framework of the implementation of the national project «Health» through the analysis of judicial acts, as well as the provisions of the domestic doctrine. The main result of the study was the identification of the author’s signs of the subject’s intent when committing socially dangerous acts in the area under consideration.

scholarly journals THEORETICAL AND LEGAL CHARACTERISTICS OF ECONOMIC CRIMES OF A TRANSNATIONAL NATURE

2021 ◽  
Vol 7 (1) ◽  
pp. 93-101
Author(s):  
Vadym Popko ◽  
Yevgen Popko
Keyword(s):  
International Cooperation ◽  
Social Relations ◽  
International Crime ◽  
Legal Regulation ◽  
Economic Crime ◽  
Theoretical Research ◽  
Modern World ◽  
Main Category ◽  
Economic Sphere ◽  
Economic Crimes

The article examines the theoretical and legal foundations of economic crimes of a transnational nature formed under the influence of globalisation processes in the world, the growth of international crime and other factors. The author provides a conceptual description of transnational crime as the main category of transnational criminal law, including economic crimes. Scientific views of domestic and foreign scientists on the nature of crimes of an international nature, including criminal acts in the economic sphere are analysed; the most dangerous and widespread economic crimes are characterised. Attention is paid to the legal regulation of these relations, universal and regional conventions, other sources. The authors justify the need to criminalise transnational economic crimes in national law, regardless of whether a particular state is a party to international conventions adopted by international organisations. The authors pay special attention to the characteristics of the subjects of the crime and reveals the debatable nature of their definition, in particular, analyse the problematic nature of the recognition of a legal entity as a subject of crime. The authors use a conceptual approach to clarifying the subject of study, which determines the reasonability of theoretical research, and modern principles of scientific methodology: the principle of scientific pluralism, impartiality, comprehensiveness of research, historicism, complexity and others. A modern requirement in the methodology of science is the rejection of methodological monism, which has long been dominant in theoretical and historical studies of social (including legal) phenomena and the rejection of the ideology of scientific knowledge, which provides an objective, unbiased attitude to any legal phenomena, legal systems, etc. The purpose of the article is to provide theoretical and legal characteristics of international crime in the economic sphere, identify the transnational nature of these crimes, clarify the state of legal regulation of these relations at the international level, as well as international cooperation to combat these crimes. Based on the study and theoretical generalisation of the research topic, the authors emphasise the following conclusions: modern world problems are global in nature; economic crime transcends borders and becomes international; economic crimes of a transnational nature are recognised as socially dangerous acts that encroach on the system of social relations in the field of financial and credit, investment, information, trade, etc. activities, and have a transnational nature, i.e. go beyond one state; countering economic crimes of a transnational nature is within the internal competence of states, but international cooperation in this area also has an objective basis; the legal basis of international cooperation of states are international legal anti-criminal conventions, which define the criminal acts and obligations of states to criminalise economic crimes and provide legal assistance in criminal proceedings, in particular in extradition and transfer of accused and convicted persons, disposal of confiscated property, joint investigation and other issues.

scholarly journals Features and trends of offenses in economic activity

2020 ◽  
Vol 2 (2) ◽  
pp. 309-316
Author(s):  
Olena Parshyna ◽  
Yuriy Parshyn
Keyword(s):  
Monitoring System ◽  
National Economy ◽  
Economic Activity ◽  
Negative Impact ◽  
Well Being ◽  
Research Subjects ◽  
Systematic Analysis ◽  
The Government ◽  
Complex Monitoring ◽  
Economic Crimes

Offenses have a negative impact on the socio-economic development of the country and make a threat to the security of the national economy. Systematic analysis of the offenses in the sphere of economic activity with the quantitative as-sessment of their reimbursement and identification of the main trends during the research has been carried out. The offenses in the field of economic activity are the object of the research. The research subjects are scientific, methodological and applied aspects of the offenses analysis in relation to the main types of economic activity in the national economy. It has been noted that the criminal situation in our country is characterized by increasing in the economic crimes. Economic crimes are becoming systematic and have organized character. The high level of correlation between the unemployment situation and the negative crimes trends has been discovered. Economic crimes include economic, political, legal, socio-psychological and organizational reasons and conditions. The complex monitoring system in order to solve problem of the combating economic crimes has been proposed. The effectiveness of such system can be achieved in two main ways. The first way concerns the development of measures that is aimed at the economic crimes preventing. Thus, we have the reduction of the crimes number. The second way involves the development of measures for the disclosure of the committed offenses of economic nature and the achievement of full reimbursement for the incurred losses. However, an important component of the complex system should be the ability to monitor, forecast and identify these sectors of the economy in which the possible offenses in the strategic foresight should be expected. The continuous monitoring with forecasting enables to develop and implement the appropriate preventive measures. Studies of the economic activities with their efficiency in the formation of GDP of Ukraine have been conducted. Dynamics of the committed offenses on the types of economic activity has been analyzed. The quantitative assessment of the material losses reimbursement of these offenses has been provided. The main causes of the committed offenses in the economic sectors have been considered. The national measures for the prevent economic crimes are: strengthening of the role and increasing of the trust to the government and its institutions; paradigm shift of the decision-making mechanism in the field of credit and financial system; development of the special mechanisms for preventing of the destabilizing tendencies both at the level of regional development and at the level of national economy. The complex monitoring system allows to identify sectors of the national economy in the aspect of strategic forecasting. Monitoring enables to develop the preventative measures which are aimed at the improving of the environment, creating of the preconditions for the economic growth and improving of the well-being of population.

scholarly journals Some legal issues of counteraction to the functioning of conversion centers

Legal Ukraine ◽  
2019 ◽  
pp. 31-35
Author(s):  
Alice Osadko
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Real Economy ◽  
Criminal Organizations ◽  
Legislative Changes ◽  
Set Up ◽  
Financial Transactions ◽  
National Police ◽  
Economic Crimes ◽  
Cover Up

This article describes conversion centers, examines the specific issues of counteracting their operations as one of the most effective mechanisms for shading money out of the real economy, and identifies some of the weaknesses that exist in eliminating these centers, and suggests ways to address them. Due to the political and legislative changes that are taking place in our country, the authorities' desire to stabilize the country's anti-corruption economy, and unlawful mechanisms in this field are undergoing significant changes. Yes, criminal organizations have recently been set up in Ukraine, existing as large conversion centers designed to cover up economic crimes by illegally converting cash into cash or vice versa. The Conversion Center article is a carefully structured and well-structured stable crime group that exists with a commercial bank or in close collaboration. The purpose of the article is to investigate the activities of conversion centers and to counteract their functioning in the context of the fight against corruption and economic crime. An analysis of current law and practice shows that the functions of counteracting crime in the financial sector, namely the operation of conversion centers, are unjustifiably divided into departments and often duplicated. In particular, such powers are vested in the units of the National Police), the Security Service of Ukraine, the Tax Police (DFS). According to the National Institute for Strategic Studies under the President of Ukraine, in Europe there are two options for the full integration of law enforcement in the fight against economic crime: within the Ministry of the Interior and the Ministry of Finance. All this requires the formation of the concept of strategic construction and determining the location of the tax police or financial investigation service (DFS or FIU) in the fight against economic (tax) crime. This concept should define the basic directions and principles of improvement of managerial, organizational and personnel work, legal, personnel, resource and other law enforcement activity in the specified field on the basis of analysis and assessment of tax security of the person, society and the state. Key words: fictitious enterprise, conversion centers, financial transactions, legalization of income, liability, decriminalization, fraud.

scholarly journals Intelligent Application of Artificial Intelligence Internet of Things Technology in the Economic and Legal Fields

2021 ◽  
Vol 2021 ◽  
pp. 1-12
Author(s):  
Tingting Tan
Keyword(s):  
Artificial Intelligence ◽  
Internet Of Things ◽  
Criminal History ◽  
Fund Raising ◽  
Economic Crime ◽  
Internet Technology ◽  
Sensor Technology ◽  
Crime Intelligence ◽  
Internet Of Things Technology ◽  
Economic Crimes

In today’s globalized situation, people on the one hand enjoy the great convenience brought by the Internet and artificial intelligence Internet of Things (IoT) technology, and, on the other hand, they are also inevitably subject to a series of harms brought by network technology. Internet economic crime is a new type of crime based on Internet technology. Criminals use Internet technology to conduct illegal visits and Trojan horse program attacks, steal user information, and defraud victims of money. This has resulted in the people’s personal and property safety and social harmony and stability. Strictly cracking down on cyber economic crimes in accordance with the law is of great significance to safeguarding the interests of the people and maintaining social stability. However, as the methods and forms of cyber economic crimes emerge endlessly, it is very important to collect intelligence information on such crimes. This paper proposes using the sensor technology, embedded system technology, radio frequency automatic identification technology, and cloud computing technology in artificial intelligence Internet of Things technology to design and build a data-mining-based network economic crime intelligent information aggregation collection system to realize network economic crime intelligence of aggregation and analyze and help combat cyber economic crimes. This article takes cyber economic crime cases in various cities in our province as an example, selects 9 cyber economic criminals’ intelligence information as sample data, and tests and applies the designed cyber economic crime intelligence information system. The final results show that the numbers of cyber economic crime cases in four cities A, B, C, and D in four provinces are roughly the same, but city A has the largest number; the minimum confidence of the 9 criminals is above 0.60, indicating that the economic crimes of cyber economic criminals are related to their academic background and family status and criminal history are related to a certain extent; illegal fund-raising fraud and online credit card fraud account for the largest proportion of the four cities and are currently the main forms of online economic crime.

scholarly journals Prosecutor’s supervision over the legality of operational search documentation of economic crimes

2020 ◽  
pp. 96-102
Author(s):  
Dmitriy Babichev
Keyword(s):  
Economic Development ◽  
Law Enforcement ◽  
Search Activity ◽  
Important Condition ◽  
Sustainable Economic Development ◽  
Foreign Countries ◽  
Educational Sources ◽  
Economic Crimes ◽  
Statistical Indicators

Based on the analysis of statistical indicators, scientific and educational sources, as well as law enforcement practice, the article examines violations in the field of operational search documentation of economic crimes. The author substantiates the need to establish effective Prosecutor’s supervision over the observance of the law in this area as the most important condition for the formation of sustainable economic development in Russia. In this context, taking into account the experience of foreign countries, three most important issues that require a conceptual solution are identified and considered: 1) strengthening of Prosecutor’s supervision over the legality of decisions made by bodies that carry out operational investigative activities; 2) orientation of authorized prosecutors to timely professional analysis of materials of operational-search cases accumulated by subjects of operational-search activity during the implementation of operational-search documentation of economic crimes; 3) expansion of the limits of Prosecutor’s supervision over the legality of operational-search documentation of economic crimes, including information received from secret sources. It is concluded that there are prerequisites for revising the existing model of Prosecutor’s supervision over the legality of operational investigative documentation of economic crimes by systematically strengthening the role of the Prosecutor’s office in it.

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