scholarly journals Some elements of the forensic characterization of bribery

In the article, the authors consider the criminalistics aspect of a corruption crime on the example of bribery, the subject of criminal encroachment, the place and time of Commission. The characteristics and features of methods of committing bribery have been given. It has been concluded that the nature of the mechanism in each specific case is directly related to the way the crimes were committed and the personality of the participants, and their interest in concealing the fact of illegal actions and their high official position always serve as a guarantee of the absence of trace information. Bribery has a high latency and has a direct impact on strengthening the attitude of tolerance in society to the manifestation of such behavior, affects the unwillingness of a significant number of citizens to assist law enforcement agencies in identifying, disclosing and investigating corruption crimes. Recently, electronic money has become widespread, which allows offenders to use the various technical capabilities of numerous electronic payment systems and the Internet. The use of electronic money significantly complicates the process of identifying bribe-givers and bribe-takers. The subject of a bribe, together with money and other property, can be property services rendered free of charge, but payable, and certain material benefits, which should be understood, in particular, the underestimation of the value of the transferred property, privatized objects, a decrease in rental payments, interest rates for use of bank loans, etc. The nature of the subject of a bribe may also indicate the nature of the relationship between the subjects of corrupt relations. Nevertheless, the typical characteristics of the personality of the offender, the subject of the bribe, the method of committing the crime and the mechanisms of trace formation, in any case, are the basis for planning and organizing the investigation process of the acts in question.

2019 ◽  
Vol 105 ◽  
pp. 02012 ◽  
Author(s):  
Olga Safargalieva ◽  
Oleg Sergeev ◽  
Yuriy Volgin ◽  
Marina Agienko

In the article, from the standpoint of a systematic approach, the forensic characterization of safety rules criminal violations during mining operations is analyzed. That is the basic element which determines the content and algorithm of uncovering of crimes, the investigation and trial of a criminal case. The subject (the identity of offender) is its central, basic element. It is noted that the element of subject (the identity of offender) is the most informative when investigating criminal violations of safety rules during mining operations. It is based on his study in the unity and interrelation of the following aspects: official position, social and psychological properties and personality traits and victimization behavior of the criminal offence victims and third parties. The situation of a crime (the second element of forensic characterization) is structured according to the circumstances that characterize pre-, criminal, and post-criminal state of outward things; three interrelated and interdependent are pointed out. The complex combination of the levels and edges of each selected elements of a cognizable object, due to the specifics of the crime in question, also determines the peculiarities of investigative actions and search activities at the initial stage of the investigation of safety rules criminal violations during mining operations. The article proposes recommendations to overcome the objective difficulties encountered in the investigation of criminal violations of safety rules during mining operations.


2021 ◽  
pp. 228-243
Author(s):  
Е. Lukianchykov ◽  
B. Lukianchykov ◽  
S. Petriaiev

The article deals with the problematic issues of the forensics characteristics of crimes as a scientific category of forensic science and tools of cognitive activity in the disclosure and investigation of crimes. Attention is drawn to the fact that the modern stage of development of society is characterized not only by quantitative, but also by qualitative changes in the state of crime. New types of crimes are appearing and traditional methods of their commission and concealment are being improved using the achievements of scientific and technological progress. Significant parts of the crimes remain unsolved, and the persons who committed them are not punished. Law enforcement agencies are faced with the task of quickly disclosing them and protecting the violated rights of victims. Science, primarily forensic science, is called upon to provide assistance in solving such problems. In the historical aspect, the development of the theory of forensic methodology, determining its place in the system of forensic science is considered. It is noted that it is advisable to consider the forensic methodology both as a branch of science, and as a system of knowledge about the technology of investigating crimes, and the technology itself, a kind of algorithm for investigating crimes, which is implemented in the practical activities of investigators, detectives, prosecutors. Attention is drawn to the fact that since the mid-80s of the last century, the concept of criminalistics characteristics of crimes has entered the scientific circulation. Its correlation with the subject of proof and the opinions of scientists and practitioners about the place of forensic characteristics in the structure of private methods of investigation of certain types of crimes are analyzed. Based on the analysis, the author substantiates the conclusion that the forensic characterization of crimes should be considered as a structural element of a private investigation methodology and the basis for the development of such methods. Attention is drawn to the mandatory study of the correlation dependences between its elements, which can serve as a key to disclosing a specific crime.


2019 ◽  
Vol 20 (2) ◽  
pp. 151-162
Author(s):  
N. Filipenko ◽  
O. Uhrovetskyi ◽  
O. Sharapova

The article analyzes conceptual foundations, views and ideas concerning the essence of expert prevention. The relationship between the concepts of «prevention» and «prevention», which is in contact with each other, is investigated, because one of the main problems of the criminal investigation of the phenomenon of expert prevention is the ambiguity of both scientific understanding and the practical application of the corresponding conceptual-categorical apparatus. It is emphasized that the essence of expert prevention is the influence of the relevant subjects on crime through the use of special professional knowledge. That is, to the subject of forensic examination, should include studies of circumstances on the basis of which can be and should be developed scientific, organizational and technical measures of preventive nature. Proven that among the tasks of preventive nature, which can be solved by the staff of judicial-expert institutions, the development of aimed at forecasting in criminalistic aspects of circumstances contributing to the commission of crimes, taking into account the possibilities of certain types of expert research, should occupy an important place. It is proved that the preventive activities of forensic institutions of Ukraine should be carried out: in the production of examinations in specific criminal, administrative or civil cases; by summarizing expert, as well as forensic investigative practices; in the process of research on expert prevention; by providing on the basis of special knowledge of scientific and practical assistance to government agencies and public organizations in identifying circumstances conducive to the commission of crimes. In order to improve the quality of expert-preventive activities, the staff of the forensic institutions of Ukraine should pay maximum attention to the promotion of preventive activities among representatives of law enforcement and law enforcement agencies. On the basis of the analysis, the author’s definition of expert prevention is given: the activity of a forensic expert based on the laws and by-laws of normative legal acts, aimed at revealing the circumstances contributing to the commission of a crime, and the development of measures for their elimination with the use of special knowledge.


2003 ◽  
Vol 5 (1) ◽  
pp. 50-62 ◽  
Author(s):  
Roger Billingsley

The use of informers by the police service in the UK has been the subject of recent research, even though the police service in this country has been protective towards this particular investigative method. It has been revealed from this research that there is a common assumption that the use of informers is quite unique among police relationships. This paper examines whether in fact the relationship between an informer and the police is really that unique, or whether it is the secrecy which surrounds it that provokes such an assumption. The paper relies heavily on a comparison with other relationships, starting with typical professional partnerships, then examining other police relationships. The factors which emerge from these relationships have been compared to police/informer relationships to determine how dissimilar they are. The paper suggests there are in fact many similarities between a police/ informer relationship and other professional partnerships, and concludes that it is probably the secrecy which the police have maintained that has created the assumption that the relationship is unique. It is suggested by the author that if the police/informer relationship became more transparent and accountable then this may lead to law enforcement agencies being less able to hide behind the veil of secrecy, which may help the concept of openness within the criminal justice system.


Molecules ◽  
2020 ◽  
Vol 25 (13) ◽  
pp. 3082
Author(s):  
Pavol Tisovský ◽  
Klaudia Csicsai ◽  
Jana Donovalová ◽  
Róbert Šandrik ◽  
Róbert Sokolík ◽  
...  

The subject of this work was the study of thermally and photochemically stimulated Z ↔ E isomerization and hydrazo ↔ azo tautomerism of Z- and E-isomers of isatin arylhydrazones and ((arylamino)methylene)indolin-2-ones and their anions. Using NMR, UV-Vis spectroscopy, kinetic measurements, and HPLC, we studied the relationship of structure, (Z- and E-isomers), of these compounds and hydrazo=azo tautomerism. The ON/OFF functionality of these compounds and their anions using light to stimulate switching between ON and OFF states was investigated. We pointed out the characterization of the effect of =N- and =CH- structural fragments and aryl structure on ON and OFF states of isatin arylhydrazones and ((arylamino)methylene)indolin-2-ones.


Author(s):  
Anton Lisnyak

The article covers some aspects of the investigation of mass riots. The essence and system of forensic characterization of the specified actions for their faster and more effective investigation are considered. It is noted that a criminal offense has a large number of characteristics, which in criminology are systematized in such a scientific category as «forensic characteristics». For half a century the criminological characteristic has entered into a technique of investigation of criminal offenses as a stable element. With regard to mass riots, it should be emphasized that the investigation of these acts has important features, which, inter alia, are related to the study of a certain category. The position of the authors is supported, who believe that for police officers who are directly in-volved in the investigation, the most important thing is the practical application of a tool that will help in the investigation process. That is, the real value of the forensic characterization of a particular type of crime is the possibility of its practical application, the ability to resolve certain issues in view of it and, of course, the ability to make it to investigate certain categories of crimes faster and more efficient. At the same time, the use of such an information system requires in each case to identify a key element through which you can make a «login» to the system in order to obtain the necessary information. The selection of a key element for a particular case depends on the investigative situation at this stage of the investigation. The author concludes that a forensic characterization is a system of information about forensically significant features of criminally punishable acts of a certain type, which reflects the legitimate links between them and serves to build and verify investigative versions during their investigation. The system of forensic characteristics of mass riots includes the following elements: the method of committing a criminal offense; the situation of mass riots; the subject of the criminal act; traces of the offense; the identity of the victim; the identity of the offender. Keywords: mass riots, organization, tactics, investigative (search) actions, forensic description.


2013 ◽  
Vol 13 (1) ◽  
Author(s):  
Ewert P.J. Kleynhans ◽  
Ryan Meintjes

Purpose: The purpose of this article is to determine whether the South African Reserve Bank (SARB) is politically independent and able to operate without undue external influence.Problem investigated: The SARB is under increasing pressure to shift its monetary policy stance in order to boost the country’s competitiveness. Whether external demands have compromised its independence at times has been the subject of debate.Methodology: The study comprised a literature review and econometric analysis of the Bank’s independence. Movements in interest rates were used as an indicator of dependence. The analysis was between actual interest rates in South Africa over the past two decades, and a model of what interest rates should have been during this period, with reference to Taylor’s Rule. Differences between the two were assumed to expose shortcomings in the direction of South Africa’s monetary policy and therefore some degree of dependence.Findings and implications: Movement of the two sets of rates correlated, which suggests SARB independence. The findings did not reveal harmony between the levels of the two sets of rates. However, the latter correlation was not the focus of this study.Originality and value of the research: This study makes an important contribution, as few authors researched the relationship between interest rates and the SARB’s independence scientifically. The study is well timed as the SARB’s independence debate has reached concerning levels.Conclusion: The results suggest almost no level of dependence – which does not necessarily imply that the SARB is entitled to reject all external input, but rather that it can prioritise its objective of price stability over other concerns.


Author(s):  
Anton Baida ◽  
Mariya Pylypenko ◽  
Viktoriya Makitrenko

The authors explored the concept of "risk", the peculiarities of its interpretation. It has been determined that risk-taking is not new to the science of criminal law, but there is still no single approach to interpreting the above term. A special article of the Criminal Code of Ukraine, which regulates this issue, contains only the general characteristics of such an act, and the features and criteria for its application are left to the discretion of law enforcement agencies. Given the particular circumstances of each case, they must conclude as to whether the actions of the person contained an urgent need to act risky, whether it was possible to achieve the same goal in a less risky or non-risky way was impossible. The authors also emphasize that in order for an act to be qualified as being committed in conditions of justified risk, it is necessary that a specific life situation testifies to it, and the person acts only to achieve a socially useful goal. It should be noted that in such a situation, the goal set by the subject could not be achieved in any other way, avoiding the risk, and the actions of the person must be commensurate with the danger in which the interests protected by law. In addition, the authors consider the relationship between the concepts of "extreme necessity" and "action associated with risk", highlight their common features and analyze the differences. Thus, in case of extreme necessity, a person does not have the opportunity to choose another behavior other than one that harms law enforcement interests. Failure to perform a risk act will not necessarily cause harm at all. In addition, the risk can be considered justified if there is an opportunity rather than an obligation to achieve a socially useful goal.


Paleobiology ◽  
1980 ◽  
Vol 6 (02) ◽  
pp. 146-160 ◽  
Author(s):  
William A. Oliver

The Mesozoic-Cenozoic coral Order Scleractinia has been suggested to have originated or evolved (1) by direct descent from the Paleozoic Order Rugosa or (2) by the development of a skeleton in members of one of the anemone groups that probably have existed throughout Phanerozoic time. In spite of much work on the subject, advocates of the direct descent hypothesis have failed to find convincing evidence of this relationship. Critical points are:(1) Rugosan septal insertion is serial; Scleractinian insertion is cyclic; no intermediate stages have been demonstrated. Apparent intermediates are Scleractinia having bilateral cyclic insertion or teratological Rugosa.(2) There is convincing evidence that the skeletons of many Rugosa were calcitic and none are known to be or to have been aragonitic. In contrast, the skeletons of all living Scleractinia are aragonitic and there is evidence that fossil Scleractinia were aragonitic also. The mineralogic difference is almost certainly due to intrinsic biologic factors.(3) No early Triassic corals of either group are known. This fact is not compelling (by itself) but is important in connection with points 1 and 2, because, given direct descent, both changes took place during this only stage in the history of the two groups in which there are no known corals.


Author(s):  
D. F. Blake ◽  
L. F. Allard ◽  
D. R. Peacor

Echinodermata is a phylum of marine invertebrates which has been extant since Cambrian time (c.a. 500 m.y. before the present). Modern examples of echinoderms include sea urchins, sea stars, and sea lilies (crinoids). The endoskeletons of echinoderms are composed of plates or ossicles (Fig. 1) which are with few exceptions, porous, single crystals of high-magnesian calcite. Despite their single crystal nature, fracture surfaces do not exhibit the near-perfect {10.4} cleavage characteristic of inorganic calcite. This paradoxical mix of biogenic and inorganic features has prompted much recent work on echinoderm skeletal crystallography. Furthermore, fossil echinoderm hard parts comprise a volumetrically significant portion of some marine limestones sequences. The ultrastructural and microchemical characterization of modern skeletal material should lend insight into: 1). The nature of the biogenic processes involved, for example, the relationship of Mg heterogeneity to morphological and structural features in modern echinoderm material, and 2). The nature of the diagenetic changes undergone by their ancient, fossilized counterparts. In this study, high resolution TEM (HRTEM), high voltage TEM (HVTEM), and STEM microanalysis are used to characterize tha ultrastructural and microchemical composition of skeletal elements of the modern crinoid Neocrinus blakei.


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