scholarly journals Criminal law protection of economic crime Reality or fiction?

2017 ◽  
Vol 5 (5) ◽  
pp. 63-70
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevski
Keyword(s):  
Market Economy ◽  
Criminal Law ◽  
Preventive Measures ◽  
Point Of View ◽  
Economic Crime ◽  
Practical Point ◽  
Illegal Acts ◽  
Definition Of ◽  
Constituent Elements ◽  
Economic Crimes

Starting from the definition of economic crime as a totality of  illegal acts committed by an individual or a group of individuals to obtain a financial or professional advantage, criminal law protection of this type of crime is becoming more popular both from a theoretical and practical point of view, primarily due to its constituent elements (system of incrimination, subject of economic offense and forms of responsibility, sanctions), and secondary by identifying opportunities for its conception and realization. Therefore, this paper, analyzes situation both in terms of determining the causes of economic crime and responsibility for economic crimes, and in terms of the legal and factual opportunity to realize the criminal law protection in a modern democratic society and market economy, establishment and implementation of appropriate repressive and preventive measures to combat this type of crime

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

scholarly journals Towards a Scientific Definition of App Marketing – A Practice-Oriented Approach Using Scientific and Grey Literature

2021 ◽  
Vol 2 (1) ◽  
pp. 13-25
Author(s):  
Atilla Wohllebe ◽  
Mario Hillmers
Keyword(s):  
Mobile Apps ◽  
Grey Literature ◽  
Mobile App ◽  
Point Of View ◽  
Practical Point ◽  
Gray Literature ◽  
Definition Of ◽  
Job Ads ◽  
Oriented Approach

The relevance of smartphones and mobile apps has increased significantly in recent years. Increasingly, companies are trying to use mobile apps for their business purposes. Accordingly, the role of app marketing has become more important. Nevertheless, there is no uniform understanding of the term "app marketing". Based on scientific and gray literature, two definitions of "app marketing" are developed. In the narrower sense, app marketing refers to measures aimed at making a mobile app better known and acquiring users i. e. generating app downloads. In the broader sense, app marketing refers to all activities that are used to acquire users for a mobile app, contact them, and encourage them to reach a specified goal. Additionally, based on job ads, an overview of activities in app marketing is provided from a practical point of view. Here, the focus is primarily on paid app install campaigns as well as on monitoring, reporting and analytics.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW

2021 ◽  
Vol 11 (4) ◽  
pp. 13-26
Author(s):  
V.M. SHERSTYUK
Keyword(s):  
Internal Structure ◽  
Legal Regulation ◽  
Point Of View ◽  
Entire System ◽  
Procedural Law ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements

The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally coordinated set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations. Also in this study the point of view is expressed that each level of the system, as well as the entire system of civil procedural law as a whole, is characterized not only by typical features of its constituent elements, but also by their typical, regular relationships that constitute its structure.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

scholarly journals Business qualities in labor law

2021 ◽  
Vol 3 ◽  
pp. 27-31
Author(s):  
S. Yu. Filchakova ◽  
Keyword(s):  
Labor Law ◽  
Personal Characteristic ◽  
The State ◽  
Point Of View ◽  
Professional Standard ◽  
State Of Health ◽  
Professional Qualification ◽  
Legal Definition ◽  
Definition Of ◽  
Constituent Elements

Based on the analysis of the current legislation, the necessity of a legal definition of the concept of «business qualities» is sub-stantiated. The point of view is argued that the state of health as a personal characteristic is not one of the constituent elements that determines, along with professional, qualification characteristics, the category of «business qualities». It is concluded that the definitions «labor function», «qualifications» and «professional standard» are interrelated concepts, defining in general the category of «business qualities».

scholarly journals On the Definition of the Concept of Crime in the Criminal Code of the Russian Federation

2018 ◽  
Vol 12 (3) ◽  
pp. 417-423
Author(s):  
Alexander Smirnov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Formal Concept ◽  
Effective Implementation ◽  
Constituent Element ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
Constituent Elements

The author presents his views on the definition of the concept of «crime» in the Criminal Code of the Russian Federation because this concept is of primary importance to the whole structure of criminal law and the practice of crime counteraction. He provides a consistent analysis of the socio-legal nature and the feasibility of each constituent element included in the definition of crime: 1) action; 2) public danger; 3) guilt; 4) unlawfulness (criminal); 5) threat of punishability. When defining the concept of «crime», the author starts from the premise that, according to the methodology of formulating fundamental law concepts, their definitions should include only the most important, constant and universal characteristics (attributes) that are not disputable and that support the ontological essence of the concept and never, under any circumstances, refute it. The author concludes that the action and its prohibition in the criminal law are independent and constant elements of crime. Guilt and threat are not always such elements. The indication of guilt is included in the necessity of establishing the constituent elements of a crime to prosecute a person. Public danger, according to contemporary research, is an element of all offenses, besides, it is inherent to criminal unlawfulness. That is why the definition of the formal concept of «crime» should be presented as following: «A crime is an action prohibited in the present Code». This definition, according to the author, fully corresponds to the language of law, is laconic and substantial, excludes contradictory interpretations and fully agrees with the principle of inevitability of criminal punishment, which is of great importance for the effective implementation of criminal law measures of crime counteraction.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

2021 ◽  
pp. 181-188
Author(s):  
Serhii Repetskyi
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Educational Process ◽  
Practical Significance ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Special Part ◽  
Illegal Acts ◽  
Definition Of ◽  
Criminal Legislation

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

CORRUPTION IN THE PENAL SYSTEM: CRIMINOLOGICAL ASPECTS

2021 ◽  
pp. 71-75
Author(s):  
Сергей Андреевич Сивцов
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Preventive Measures ◽  
Point Of View ◽  
Broad Sense ◽  
Criminal Investigation ◽  
Penal System ◽  
Illegal Acts ◽  
Main Component

В статье рассматриваются коррупционные проявления в уголовно-исполнительной системе России с криминологической точки зрения, проведен анализ причин и условий совершения коррупционных преступлений и меры профилактики. Приводятся мнения ученых-юристов о понятии коррупции, которое рассматривается как в узком, так и в широком смысле слова. Автором утверждается, что коррупция в большей мере выступает как социальное и криминологическое, чем правовое явление, поэтому рассматривать ее в рамках конкретных совершенных преступлений неверно, необходимо анализировать совокупность противоправных деяний с учетом их особенностей, а также причины и условия их совершения. Автор отмечает, что пенитенциарная преступность делится на две категории: на общеуголовную преступность (преступления, совершаемые осужденными) и иную преступность, основной составляющей которой выступает коррупционная преступность в учреждениях и органах УИС. На основе изучения криминологических научных источников автор предлагает классифицировать факторы совершения коррупционных преступлений сотрудниками УИС: факторы, присущие всем коррупционным преступлениям; и факторы, присущие пенитенциарной коррупции. В представленной статье автором указывается на недостаточность антикоррупционных механизмов. Комплекс предпринимаемых мер противодействия коррупции необходимо совершенствовать и расширять. The article examines corruption manifestations in the Russian Penal System from a criminological point of view, analyzes the causes and conditions of corruption crimes and preventive measures. The opinions of legal scholars on the concept of corruption, the content of the concept of corruption are given, it is considered both in the narrow and in the broad sense of the word. The author argues that Corruption acts more as a social and criminological phenomenon than a legal one, therefore it is not correct to consider it within the framework of specific crimes committed, it is necessary to analyze the totality of illegal acts taking into account their characteristics, as well as the causes and conditions of their commission. The author notes that penitentiary crime is divided into two categories: crimes committed by convicts (ordinary crime) and other crime, the main component of which is corruption crime in institutions and bodies of the criminal justice system. Based on the study of criminological scientific sources, the author proposes to classify the factors of corruption crimes committed by the employees of the Criminal Investigation Department: factors inherent in all corruption crimes; and factors inherent in penitentiary corruption. In the presented article, the author points out the insufficiency of anti-corruption mechanisms. The range of anti-corruption measures taken needs to be improved and expanded.

Integral-cultural definition of a criminal punishment An integral-cultural definition: source and application

2016 ◽  
Vol 1 (1) ◽  
pp. 96-140
Author(s):  
Jarosław Utrat-Milecki
Keyword(s):  
Social Action ◽  
Point Of View ◽  
Theoretical Point ◽  
Criminal Punishment ◽  
Legal Philosopher ◽  
Moral Point ◽  
Moral Point Of View ◽  
Definition Of ◽  
Constituent Elements

Many scholars feel, like the legal philosopher Joelberg, that "punishment from a theoretical point of view is something mysterious, and from a moral point of view - disturbing" . The mystery and disturbing ambiguity of the punishment makes the formulation of its definition, and the definition of a criminal punishment in particular, which would be satisfactory, an extremely difficult task. A way out of an embarrassing situation of defining a criminal punishment is to indicate the most important circumstances and conditions that must be met in order for some social action to be called a punishment. This involves an exhaustive and comprehensive indication of the components ("constituent elements of punishment"), and at the same time a sharp cut-off of all other types of activities The question about constituent elements that give particular teams behaviour, carried out by authorized persons, the character of a criminal punishment does not concern the description of patterns of such a behaviour and their fulfilment, such as the action related to the enforcement of the obligation to pay a certain amount, physical deprivation of liberty or fulfilment of the obligation to work. It is important, however, to define the conditions in which the legal formulas of such behavior and the specific actions taken on their basis and the situations resulting from them can be described as a criminal punishment.

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