scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution


2020 ◽  
Vol 91 (4) ◽  
pp. 282-294
Author(s):  
O. M. Yemets

The author has defined the peculiarities of the interaction of criminal police units with other entities in counteracting criminal offenses against morality, which should help to solve the problem of scientific provision of the activities of law enforcement agencies in this area. Taking into account the set purpose, the specifics of the object and the subject matter of the research, the author has chosen the methodological tools. During the research the author has used the system of methods of scientific cognition: formal logic (abstraction, analogy, deduction, induction, synthesis) for the detailed clarification of the content of the considered issues; empirical – during the experimental study; method of system analysis – to determine the directions of introduction of innovative approaches to solve the problem; theoretical – during the study of scientific and educational literature; modeling – in the study of certain objects by modeling their individual features. Based on the analysis of the current practice of law enforcement agencies in combating criminal offenses against morality, the author has defined the current features of the interaction of criminal police units with other entities in this area. Besides, the author has formulated own concept of the interaction of criminal police units with other entities in combating criminal offenses against morality; has provided general characteristics of such entities; and has highlighted some recommendations on the use of their capabilities by operative units of the National Police during the detection, documentation and investigation of these criminal offenses. It has been established that criminal police units interact with other entities as part of the National Police. In fact the capabilities of Interpol and Europol are used. Besides, cooperation with other international and non-governmental organizations is envisaged. Certain features of the interaction of criminal police units with other entities in combating criminal offenses against morality can be used by law enforcement officers, as well as scholars in conducting further research in this area.


Legal Ukraine ◽  
2019 ◽  
pp. 31-35
Author(s):  
Alice Osadko

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.


Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 533
Author(s):  
I Made Suarnawan

The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.


Author(s):  
Pavel S. Rakhmanov

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.


Author(s):  
Andrіy Shulha ◽  
◽  
Olha Peresada ◽  
Tetyana Khailova ◽  
◽  
...  

The article deals with the issue of normative regulation of the terms and procedure of administrative detention of offenders committed domestic violence in order to justify increasing the detention period for domestic brawlers for more than three hours. It is proposed to supplement Article 263 of the Code of Ukraine on Administrative Offenses with the fourth part of the following content: “Persons who have committed domestic violence, i.e. the intentional commission of any act of a physical nature (use of violence that did not cause bodily harm; threats; insults or persecution; deprivation of housing, food, clothing, other property or funds that belongs to the victim, who has the right on it guaranteed by law, et.) must be detained for up to 72 hours for referral to trial if the physical or mental health of the victim was damaged or could be damaged. This applies to cases if the urgent injunction was not executed by the person in respect of whom the order was issued or if person did not notify the authorized units of the National Police of Ukraine of the place of his/her temporary stay”. It was proposed to detain domestic rowdies after administrative detention in special rooms for arrestees. The proposal of legal scholars and law enforcement officers regarding the possibility of administrative proceedings without the obligatory presence of a person who was brought to administrative responsibility for committing domestic violence has been also supported. This provision of the current Code of Ukraine on Administrative Offenses already in its content has certain precedents for increasing the term of compulsory detention of a detained person for committing certain administrative offenses. Thus, there is a certain procedural precedent, which makes it possible to increase the terms of administrative detention for other administrative offenses, which in their content have more significant harmful consequences for society, such as Article 10 of this Code. Thus, among the administrative offenses, such as those listed in paragraph 1 of part 2 of Article 262 of the Code of Administrative Offenses of Ukraine, for which administrative detention is provided for no more than three hours, domestic violence is the one that, on our opinion, has the most serious harmful consequences for society.


2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Larisa Nezhkina ◽  
Natalya Fontalova

This article studies the importance of professional communication training for employees of internal affairs in the educational organization of the Ministry of internal affairs agencies of Russia. The research justified the necessity of developing communicative qualities, acquiring professional knowledge and communication skills of a law enforcement officer by the fact that law enforcement officers are the specialists of the «man-man» professional system. Professional communication of employees of internal affairs has its own characteristics, which are primarily related to interaction with different categories of citizens, including those citizens who violate the law and public order. It is important for the employee to be able to interact with citizens at a high professional level, and for this it is necessary to possess mental and pedagogical technologies. Training of an internal affairs officer in psychological and pedagogical technologies takes place in educational organization of the Ministry of internal affairs of Russia. However, in nowadays, due to the coronavirus educational organizations teach online and these circumstances have led to a negative tendency associated with the formation of personal qualities in employees that do not contribute to effective professional communication. This negative orientation is confirmed by the research conducted by the authors focused on the study of communicative qualities of employees of internal affairs agencies. The research involved employees studying in an educational organization of the Ministry of internal affairs of Russia. The research found an increasing negative tendency of development of such negative qualities as low self-esteem, uncertainty, social and communicative passivity of employees of internal affairs agencies. In conclusion the authors provided their views and perspectives on how to address those emerging issues.


Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 


2020 ◽  
Vol 13 (1) ◽  
pp. 108-117 ◽  
Author(s):  
M . M. Begichev ◽  
A. V. Vlasov

The Development of economic crime occurred in Russia in the «dashing 90s», at the same time the first economic crimes are known in the era of ancient Rome and Egypt, and each era is somehow connected with new economic crimes that have their own characteristics and specificity. The problem of preventing crimes in the economic sphere is complex, requiring all third-party study in a specific period of time and countering them depends directly on the mechanisms that are currently in the state and law enforcement agencies.The article analyzes the peculiarity of the use of digital technologies aimed at combating economic crime.


2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.


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