scholarly journals INITIAL STAGE PECULIARITIES OF INVESTIGATION OF CRIMES COMMITTED BY FOREIGNERS

2018 ◽  
Vol 18 ◽  
pp. 44-52
Author(s):  
Yu. М. Chornous ◽  
М. М. Shykoriak
Keyword(s):  
International Relations ◽  
Legal Status ◽  
Criminal Activity ◽  
International Agreements ◽  
Theoretical Background ◽  
Foreign Affairs ◽  
Criminal Proceedings ◽  
Initial Stage ◽  
High Level ◽  
Practical Recommendations

This article is aimed to formulate theoretical background and practical recommendations related to initial stage peculiarities of investigation of crimes committed by foreigners. Authors systematized the legislative acts defining key legal and organizational peculiarities of investigation of crimes committed by foreigners. Special attention is paid to Ukrainian international agreements with its provisions related to human rights and freedoms; international agreements defining the legal status of foreigners with immunity in terms of Ukrainian criminal jurisdiction; Ukrainian legislative acts defining the foreigners’ legal status and peculiarities of relevant criminal proceedings. It is noted that set of measures for foreigner’s legal status check along with grounds for his/her temporary residence within the territory of Ukraine must include submission of requests to competent agencies (Ministry of Foreign Affairs of Ukraine, Ministry of Justice of Ukraine, Prosecutor-General’s Office, State Border Guard Service of Ukraine). Initial stage of investigation of crimes committed by foreigners is aimed at detection of circumstances defined by Article 91 of Criminal Procedure Code of Ukraine. Their list is not exhaustive and during the investigation, it is necessary to additionally identity the circumstances that characterize: identity of the criminal alien and offense group nature; legal status of the foreigner; mechanism of criminal activity; international relations of criminals etc. Initial stage of investigation of crimes committed by foreigners sets task to find solution for specific issues related to identification of all persons involved in criminal activity (criminal network); high level of criminals’ awareness and preparedness, presence plans of action in various situations; necessity to ensure interoperability with other competent agencies, involvement of Interpol and Europol, initiatives in the framework of international cooperation etc. Typical investigative situations this stage of investigation are presented: availability of data on crime commission by foreigners (perpetrators are not identified); accumulation of orientating information concerning foreigners who have committed crimes; there is an information on fulfilment of crimes by concrete foreigners which proves by collected evidence or their arrest at crime scene.

scholarly journals Some problems of investigating street fraud and the ways to solve them

2018 ◽  
Vol 71 (4) ◽  
pp. 55-59
Author(s):  
K. D. Zaiats
Keyword(s):  
Police Officers ◽  
Educational Process ◽  
Practical Significance ◽  
Limited Information ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Initial Stage ◽  
General Scientific ◽  
The Individual ◽  
High Level

The subjects of the study are the problems that arise at the initial stage of the investigation of street fraud, the study is the individual problems of pre-trial investigation of street fraud and the ways of their solution. The study aims to highlight the most common problems in practice at the initial stage of the investigation of this group of fraud, and presents recommendations for their solution. In the course of time, general scientific methods of cognition were used. The relevance of the research topic is that the main problems of investigators arise at the stage of the decision to open criminal proceedings. Difficulties are related to the fact that the investigator needs to take a key procedural decision based on the analysis of very limited information about the event. In addition, in the context of open criminal proceedings, it is very difficult to form a system of evidence of the existence of a criminal intention in the actions of a fraudsters. Indeed, unlike other crimes, they are reflected not so much in material traces as in acts of intellectual nature: the reporting of false information, the use of fictitious documents, specific attributes, and many others. Gathering evidence of such an order requires an extraordinary level of professionalism. The investigator should not only have a high level of knowledge of the existing criminal and criminal procedural legislation, but also be aware of ways to overcome the main difficulties encountered in criminal proceedings on fraud. The novelty of the results is that the research in this direction was conducted for the first time. The main results of the study are given a number of typical problems of investigation of street fraud, as well as recommendations for their overcoming. The results of the study can be used in the field of the criminal law cycle. The practical significance lies in the possibility of introducing the results of the research into the educational process in the presentation of the discipline “The method of investigation of crimes”, special courses, as well as in raising the skills of practical police officers. As a result of the study, conclusions were drawn in the form of concrete proposals for addressing typical problems arising in the investigation of street fraud.

scholarly journals Criminal proceedings in the case of death of the suspect or the accused

2021 ◽  
pp. 1-11
Author(s):  
Ol'ga Vladimirovna Anuchina
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Theoretical Background ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Theoretical Concepts ◽  
Dead Person ◽  
The Law ◽  
Optimal Approach

There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.

scholarly journals Litwa Środkowa jako państwo marionetkowe z perspektywy prawa międzynarodowego

2021 ◽  
Vol 43 (3) ◽  
pp. 407-419
Author(s):  
Michał Stępień
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Status ◽  
Point Of View ◽  
Foreign Affairs ◽  
The Other ◽  
Formal Approach ◽  
The Future ◽  
Soviet Russia ◽  
Territorial Change

The article concerns the legal status of Central Lithuania as a so-called puppet state from the point of view of international law. The very concept of a puppet state is based upon the apparent fulfilment of the Montevideo criteria — which boils down to the lack of effectiveness. The reasons for establishing such an entity are varied, but they are all politically biased. The points of reference are primarily Bantustans and Manchukuo — they are key instances of puppet states discussed in legal literature. In the case of Poland, the establishment of Central Lithuania was an imminent effect of the Polish-Soviet War. On the one hand, the goal of setting up the Central Lithuania as a puppet state was undoing the effects of the war with totalitarian Soviet Russia using the fait accompli method. On the other hand, it was about the legitimacy of territorial change which occurred as a result of a territorial referendum on the future of the Vilnius region. The key issue related to establishing puppet states is a need to refer to a very formal approach to international law. However, such an approach is not widely supported by legal writings on international law. As the result a puppet state has to face the allegation of being contrafactual since the very moment of its emergence. That means that a territorial change done by establishing a puppet state cannot be eventually legitimized. One of the criteria mentioned in the Montevideo Convention is a “capacity to enter into relations with the other states”. Notwithstanding, it is a precondition or an effect of statehood that capacity reflects the attitude of the international community to the “newly emerged state”. If can clearly be seen in the cases of Bantustans and Manchukuo. So, e.g., Manchukuo maintained consular relations with a few states, including Poland. However, Central Lithuania did not maintain international relations, but it was not relevant in this very case. That is because Central Lithuania existed for a year and a half. In addition, it took place shortly after the end of the First World War and the Polish-Soviet War, and during an ongoing armed conflict between Poland and Lithuania. The illusion of statehood of Central Lithuania was manifested by the establishment of Department of Foreign Affairs, which was not in the position to represent Central Lithuania in the realm of international relations. Most of all, Central Lithuania did not participate in Polish-Lithuanian negotiations — that entity was an object here. Above all, these negotiations concerned the future status of Central Lithuania. The fact that relations with Central Lithuania were within the competencies of the Polish Ministry of Foreign Affairs is the only argument in favour of acknowledging Central Lithuania as a foreign state in relation to Poland. There was a delegate of Poland at the Provisional Governing Commission. Members of the Provisional Governing Commission were communicating with that delegate, without the need of involving the Department of Foreign Affairs, which made the department completely unnecessary. The correspondence of the Polish Ministry of Foreign Affairs and the authorities of Central Lithuania reveals that the relations between the two entities were not diplomatic. Poland did not recognize the statehood of Central Lithuania but rather acknowledged the fact that it is abroad. At the same time, Central Lithuania was dependent upon Poland, e.g. for food supplies. Central Lithuania can be seen as shaping stage Polish of east border after ending of war with Soviet Russia based on totalitarian ideology. That is an interesting example of Poland instrumentalizing international in its critical moment. However, such an approach to international law is a two-edged sword.

scholarly journals Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia

2020 ◽  
Vol 15 (6) ◽  
pp. 214-224
Author(s):  
L. N. Maslennikova ◽  
T. E. Sushina
Keyword(s):  
Criminal Justice ◽  
Federal Republic ◽  
Theory And Practice ◽  
Access To Justice ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Criminal Proceedings ◽  
Subsequent Transformation ◽  
Initial Stage ◽  
High Level

The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.

scholarly journals THE PROBLEMS OF INVESTIGATION TACTICAL MEANS ON SQUATTING AND ILLEGAL CONSTRUCTION

2020 ◽  
Vol 21 (1) ◽  
pp. 46-65
Author(s):  
I. Hryshko
Keyword(s):  
Local Community ◽  
Criminal Activity ◽  
Scientific Concept ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Economic Transformations ◽  
Legitimate Interests ◽  
High Level ◽  
Subjective Rights ◽  
Optimal Set

The problems of developing the scientific concept of investigation tactical means while squatting and illegal construction, their relation with the forensic tactics means and identification of its place in the criminalistics system are examined. It is substantiated that tactical means of squatting and illegal construction investigation are the optimal set of linked by a common goal nonprocedural actions (measures), tactical methods, combinations, operations, recommendations, which are related to determining the action course of investigation entities and solving tactical tasks of a particular type of crime. It is proved that a prerequisite for the active development and implementation of means into investigative practice is that the realities of socio-economic transformations in Ukraine have led to the emergence of criminal activity new types and to advanced ways of its implementation. It seems that the development and use of means as a specific “toolkit” of forensic tactics in the activities of criminal proceedings professional participants (investigators, detectives), is one of the priorities of criminalistics at the present stage and the urgent need for practice. It is noted that investigation tactical means of squatting and illegal construction provide professional participants in criminal proceedings with specialized toolkit that ensures the effective solution of tactical tasks that arise in the investigation of a crime. It is substantiated that the investigated criminal offense has a fairly high level of public danger, since it encroaches upon the subjective rights and legitimate interests of citizens, state or local community represented by relevant authorities, therefore it requires prompt response from the entities of pre-trial investigation. Scientific approaches to understanding forensic tactics means and investigation tactical means of squatting and illegal construction are considered. Promising directions for further scientific developments on the outlined problems are offered.

A Study on Knowledge, Attitude, Awareness and Practice About HIV/AIDS among different age group of Karachi, Pakistan

2017 ◽  
Vol 3 (3) ◽  
pp. 328-333
Author(s):  
Safia Mehmood ◽  
Sheema Zia ◽  
Nida Aziz ◽  
Omama Sajid
Keyword(s):  
Hiv Transmission ◽  
Age Groups ◽  
World Population ◽  
Major Barrier ◽  
Initial Stage ◽  
Awareness Programs ◽  
And Gender ◽  
Strongly Agree ◽  
High Level ◽  
Lack Of Knowledge

The AIDS is one of the most complicated health problems of the 21st century and it threatens the world population. AIDS spread at an alarming rate. This was a descriptive study to determine the knowledge, awareness, and practice about HIV among different age groups. The study carried out in Karachi, Pakistan during the period of January 2016-april 2016, in which 82 peoples are participated; 65 peoples having age in between 18-30, people’s lies in 31-40 years, while only 4 peoples having age above 40. From which 91% peoples thought HIV is dangerous virus and 51% peoples having misconception that it cause AIDS on initial stage and does not have any effect on CD4+. Majority of peoples aware about transmission of AIDS through intercourse, and during pregnancy. But the study show the high level of misbelieve also in mode of transmission that HIV transmit through sweat, saliva etc. Majority of the peoples have knowledge that HIV-1 is the most common type found worldwide. Also large number of peoples have knowledge that HIV weak immune system by destroying CD4+ and require long exposure to progress AIDS. Less than 15% of peoples strongly agree that AIDS is common in women. This misconception reflex the lack of knowledge and awareness in the HIV transmission and gender relation. Also majority of peoples thought that lack of knowledge is major barrier in the proper cure of disease. So increasing knowledge by awareness programs; sexual prevention; by starting national testing resources and curing poverty will cured AIDS in Pakistan. Newly drugs are introduced which can stop the progression of AIDS.

COGNITIVIZATION — THE NEXT STAGE OF INFORMATIZATION OF EDUCATION

2018 ◽  
pp. 5-11
Author(s):  
A. S. Christochevskaya ◽  
S. A. Christochevsky
Keyword(s):  
Comparative Analysis ◽  
Learning Resources ◽  
Technical Base ◽  
Initial Stage ◽  
New Knowledge ◽  
Good Material ◽  
E Learning ◽  
New Material ◽  
High Level ◽  
Paper Method

Informatization of education has been going on for 30 years. During this time, a good material and technical base appeared in schools, there are repositories of e-learning resources to which teachers have access. However, it is difficult to use these e-learning resources due to their too large number and not always high level. It is advisable to introduce a system of reviews and recommendations, to conduct a comparative analysis, as well as to make reviews of resources on a particular subject/topic. In addition, the demand for e-learning resources is affected by the fact that education authorities encourage not so much the use of e-learning resources as their development by the teacher himself. In general, the load on teachers has increased instead of the promised saving of time and effort when using the e-learning resources. At the same time, many e-learning resources are not very effective, since they do not meet the requirements of cognitiveness (they contribute not to learning, but to simple memorization of the material). It is necessary to explore the process of learning new material: this will allow you to create cognitive e-learning resources and other resources that would help you with equal probability to successfully acquire new knowledge for students belonging to different psycho-types. At the initial stage of the study of any subject, it is more expedient to use the usual “paper” method, that is, a textbook and not overload the student’s brain with excessive information. Only when he has mastered the basic provisions, we can turn to e-learning resources, bearing in mind that they must be cognitive, that is, they are aimed at logical perception and rapid intuitive learning, only in this case e-learning resources can be considered effective. The conclusion is formulated that cognitiveness is the next stage of informatization of education after the stage of electronization.

CRIMINOLOGICAL FEATURES OF CORRUPTION-RELATED CRIMES IN THE FUEL AND ENERGY COMPLEX

2020 ◽  
pp. 23-27
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Energy Complex ◽  
Significant Damage ◽  
Study Results ◽  
Wide Range ◽  
Illegal Activities ◽  
High Level

В представленной статье авторами рассматриваются вопросы уголовно-правовой охраны топливно-энергетического комплекса Российской Федерации от преступных проявлений, в том числе от коррупционной противоправной деятельности должностных лиц. Такие действия причиняют значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Авторами приводятся результаты исследования некоторых криминологических характеристик должностных лиц, совершивших преступления коррупционного характера. Дан анализ причин и условий, способствующих совершению вышеуказанных противоправных действий. Определена типовая модель преступника для данной категории преступлений и его характеристики: в первую очередь, это высокий уровень компетентности, специальное образование и т. д. Авторами отмечается высокий уровень латентной преступности в данной отрасли. Предложены некоторые пути профилактики данной категории правонарушений. Исследование проводилось на основе анализа конкретных уголовных дел, возбужденных следственными органами по результатам оперативно-розыскной деятельности правоохранительных органов. In the article the authors consider the issues of criminal and legal protection of the fuel and energy complex of the Russian Federation from criminal activity including corrupt illegal practices of officials. The authors cite the results of some criminological characteristics study of the fuel and energy complex staff committed corruption crimes. As a result of these illegal actions significant damage is caused to the normal functioning of the fuel and energy enterprises. Such officials` actions determine not only a wide range of other illegal activities, but also lead to public outcry and discredit the industry as a whole. The analysis of the reasons and conditions contributing to the above illegal actions commission is given. A typical model of a criminal for a given crime category and its characteristics are determined. First of all it is a high level competence, special education, etc. A high level of latent crime in this industry is shown. The study results are presented on the example of specific criminal cases initiated by the investigating authorities based on the results of the operation detection activities of law enforcement agencies. Some ways of preventing this category of offenses are proposed.

scholarly journals What constitutes successful covert action? Evaluating unacknowledged interventionism in foreign affairs

2021 ◽  
pp. 1-18
Author(s):  
Rory Cormac ◽  
Calder Walton ◽  
Damien Van Puyvelde
Keyword(s):  
International Relations ◽  
Conceptual Model ◽  
Golden Age ◽  
Foreign Affairs ◽  
Public Understanding ◽  
Social Construct ◽  
Covert Action ◽  
Socially Constructed ◽  
State Activity

Abstract Covert action has long been a controversial tool of international relations. However, there is remarkably little public understanding about whether it works and, more fundamentally, about what constitutes success in this shadowy arena of state activity. This article distills competing criteria of success and examines how covert actions become perceived as successes. We develop a conceptual model of covert action success as a social construct and illustrate it through the case of ‘the golden age of CIA operations’. The socially constructed nature of success has important implications not just for evaluating covert actions but also for using, and defending against, them.

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