Problems of Detecting Economic Crimes in Ukraine (1996–2021)

2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Larysa Gerasymenko ◽  
◽  
Nadiia Morhun ◽  
Nataliia Pavlovska ◽  
Sergiy Marchevskyi ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Economic Crime ◽  
The Public ◽  
Complex Approach ◽  
Complex Program ◽  
Constitutional System ◽  
Political Economic ◽  
Further Development ◽  
Economic Crimes

Criminological investigation of correlation between corruption and organized economic crime testifies that organized crime and corruption first of all endangers national security of Ukraine, its further development, ensuring constitutional system, proper functioning of all political-economic system. That is why not accidentally the Decrees of the President of Ukraine “On Complex Earmarked for a Specific Purpose Program for Fighting Criminality” and “On Complex Program in Preventing Criminality” define fighting organized crime and corruption in an economic sphere as one of priority directions. Detecting of organized crimes committed under not obvious circumstances is a complicated and multifactored. The necessity of quick and correct solving informational, methodological, tactical, psychological, technical and many other issues predetermined active participation of inquiry and search workers, the Security Service, militia, its operative detachments, the Procurator’s Office, experts, professionals, and the public. That is why a complex approach to fighting crime, including economic one, needs further development, also improvement in co-operation between all law-enforcement and controlling organs is needed. The work in this direction should be considered one of priorities for state organs nowadays and in future.

The Challenges in Dealing with Organized Crime and its Consequences in Modern Societies in Albania, Kosovo and Macedonia – the Balkan Peninsula

2015 ◽  
Vol 5 (1) ◽  
pp. 161
Author(s):  
Bashkim Selmani ◽  
Bekim Maksuti
Keyword(s):  
Organized Crime ◽  
Balkan Peninsula ◽  
Human Mind ◽  
Negative Consequences ◽  
The Public ◽  
Before And After ◽  
History Of ◽  
European Standards ◽  
Organized Crime Groups ◽  
Further Development

The profound changes within the Albanian society, including Albania, Kosovo and Macedonia, before and after they proclaimed independence (in exception of Albania), with the establishment of the parliamentary system resulted in mass spread social negative consequences such as crime, drugs, prostitution, child beggars on the street etc. As a result of these occurred circumstances emerged a substantial need for changes within the legal system in order to meet and achieve the European standards or behaviors and the need for adoption of many laws imported from abroad, but without actually reading the factual situation of the psycho-economic position of the citizens and the consequences of the peoples’ occupations without proper compensation, as a remedy for the victims of war or peace in these countries. The sad truth is that the perpetrators not only weren’t sanctioned, but these regions remained an untouched haven for further development of criminal activities, be it from the public state officials through property privatization or in the private field. The organized crime groups, almost in all cases, are perceived by the human mind as “Mafia” and it is a fact that this cannot be denied easily. The widely spread term “Mafia” is mostly known around the world to define criminal organizations.The Balkan Peninsula is highly involved in these illegal groups of organized crime whose practice of criminal activities is largely extended through the Balkan countries such as Kosovo, Albania, Macedonia, Serbia, Bosnia, Croatia, Montenegro, etc. Many factors contributed to these strategic countries to be part of these types of activities. In general, some of the countries have been affected more specifically, but in all of the abovementioned countries organized crime has affected all areas of life, leaving a black mark in the history of these states.

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.

Money laundering and predicate offenses: models of criminological and legal relationships

2018 ◽  
Vol 21 (1) ◽  
pp. 22-32 ◽  
Author(s):  
Georgy Rusanov ◽  
Yury Pudovochkin
Keyword(s):  
Money Laundering ◽  
Organized Crime ◽  
Design Methodology ◽  
Statistical Data ◽  
General Structure ◽  
Criminal Record ◽  
Content Type ◽  
The Public ◽  
Crime Organization ◽  
Economic Crimes

Purpose Purpose of the study is to show the relationships of money laundering with predicate offenses. Design/methodology/approach Each of these groups of crimes was investigated against the following criteria: statistical data on convictions and the proportion of prisoners in the general structure of a criminal record, links to organized crime, methods of money laundering and proportion of laundered money received from a particular predicate offense in the total amount of money laundered. Findings Based on the study of Russian legislation and practice peculiarities of this relationship, the features of the following relationships were revealed: relationship between widespread and relatively easy-to-control crimes against the property and drug trafficking and high latent and more difficult-to-control corruption and economic crimes. Originality/value As a result, it was concluded that there is a potential connection between the public danger of money laundering, the degree of crime organization and efficiency of the process of money laundering depending on the type of a predicate offense.

Are we any good at protecting our societies and economies from the threat of economic crime and misconduct?

2019 ◽  
Vol 26 (4) ◽  
pp. 1006-1013
Author(s):  
Domitilla Vanni
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Comparative Approach ◽  
Content Type ◽  
International Harmonisation ◽  
Close Cooperation ◽  
High Level ◽  
Taking Action ◽  
Economic Crimes ◽  
Italian Legislation

Purpose This paper aims to outline the Italian framework of rules against economic crime and to verify if Italian legislation provides for appropriate and effective measures according to own needs both at a national and European level. Design/methodology/approach The paper uses a comparative approach by examining the European and Italian legal systems for finding analogies and differences between them. Findings The study has revealed the need of a greater international harmonisation of criminal laws and penalties as well as the transnationality of the economic crime cuts the chance of success of every national strategy, given that transnational criminals are encouraged by the awareness that their cross-border activities complicate law-enforcement efforts against them. Research limitations/implications To maintain a common international level in the protection of individuals from the risk of economic crimes and to enforce the effectiveness of European and national regulations. Practical implications The achievement of a high level of protection, for public security and social cohesion, to prevent and reduce economic crimes, in particular, cybercrimes. Social implications To ensure a high level of security for the general public by taking action against money laundering, cybercrimes and other sorts of misconducts. Originality/value Fighting economic crime requires the close cooperation of law enforcements from different countries, which the traditional law enforcement institutions are not designed to provide.

scholarly journals Privatisierung der Strafverfolgung — Königsweg oder Irrweg?

2017 ◽  
Vol 43 ◽  
pp. 483-507
Author(s):  
Rainer Sieg
Keyword(s):  
Economic Crime ◽  
Criminal Prosecution ◽  
Public Prosecution ◽  
The Rule Of Law ◽  
The Public ◽  
The Us ◽  
Royal Road ◽  
Fact Finding ◽  
Economic Crimes ◽  
Finding Method

Privatization of criminal prosecution — a royal road or a wrong track?The comprehensive use of private individuals by the company management for the systematic clearance of suspected economic crimes has been for decades a tried and tested fact-finding method in the US legal system. In Germany this form of corporate private investigations took not place or was unknown to the public prosecution. This changed dramatically with the discovery of spectacular corruption affairs with international relation in 2007. “Internal Investigations” have developed since then to a lucrative commercial model particularly for American solicitor’s offices, because only these are accepted by the American authorities America only.However, the adherence to examination standards of a state under the rule of law must be also protected in the job. The judiciary must win back the inquiry sovereignty in the fight against economic crime.The fight against international economic crime can no longer be left to a single country alone. The fight against anti-competitive corruption should be a priority for the entire community. As an adequate means supplements to the Convention on the Fight against Corruption of the Council of the Organization for Economic Cooperation and Development OECD on the Laws of Transnational Criminal Prosecution of Economic Offenses come into consideration.

scholarly journals Problems of counteraction to economic crimes in modern conditions

2020 ◽  
Vol 13 (1) ◽  
pp. 108-117 ◽  
Author(s):  
M . M. Begichev ◽  
A. V. Vlasov
Keyword(s):  
Law Enforcement ◽  
Digital Technologies ◽  
The State ◽  
Economic Crime ◽  
Third Party ◽  
Ancient Rome ◽  
Economic Sphere ◽  
Economic Crimes

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.

scholarly journals Economic Crime or Offence: Search for Criteria of Distinction

2018 ◽  
Vol 5 (3) ◽  
pp. 120-129
Author(s):  
V V Hilyuta
Keyword(s):  
Criminal Code ◽  
Essential Elements ◽  
Economic Crime ◽  
Material Structure ◽  
Real Problem ◽  
The Public ◽  
Administrative Code ◽  
Substantive Law ◽  
Economic Crimes ◽  
Made In

Research objective is search of effective criteria of differentiation of crimes and offenses. In article features of maintenance of essential elements of offense and offense are revealed. Special attention is paid to a concept public danger and to its substantial signs. Features of manifestation of public danger in subject to encroachment, a way of commission of crime (offense), the caused damage, fault and the sanction of precept of law are considered.By the author it is noted that the public danger can’t be effective and reliable criterion of differentiation of administrative offense and crime. On the example of the bans which are contained in the Criminal code of Russia ( further - СС) and the Code about administrative offenses of Russia ( further the Administrative Code) has shown efficiency of degree and the nature of public danger of the acts made in the sphere of economic activity. It is noted that now the side between economic crimes and offenses is almost not audible. The author makes a hypothesis that neither substantial characteristics of public danger, nor character and degree of public danger are able to predetermine qualitative characteristics of the made act and on this basis to carry out clear split of crimes and offenses (administrative offenses). Search of criterion of differentiation of crime and offense doesn’t come down only to material structure - public danger. Doctrinal approach to permission of the real problem indicates that facet distinctions are not in the field of substantive law, and beyond his limits and can be explained with the only contents of the legal policy pursued in the state. Scope: law, law-enforcement practice, law-making, lawmaking.

Adequacy of law enforcement and prosecution of economic crimes in South Africa

2018 ◽  
Vol 25 (2) ◽  
pp. 450-466 ◽  
Author(s):  
Andries P. Swanepoel ◽  
Jacolize Meiring
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
Tax Evasion ◽  
Economic Crime ◽  
Primary Data ◽  
Correctional Institution ◽  
Government Officials ◽  
Content Type ◽  
Role Players ◽  
Economic Crimes

Purpose Economic crime is a serious challenge to business leaders, government officials and private individuals in South Africa. Given the important role of law enforcement, prosecution and sentencing in deterring economic crimes, the purpose of this paper is to determine if law enforcement, prosecution and sentencing practices are deemed to be adequate in South Africa. Design/methodology/approach Primary data from Web-based and manual questionnaires were used to empirically analyse the perceptions of sentenced economic crime offenders and role-players regarding the statement that law enforcement and prosecution practices of economic crimes relating to fraud, corruption or tax evasion in South Africa are not adequate. The final realised sample included a total of 345 from the various populations of key role-players and a total of 82 economic crime offenders from a Gauteng-based correctional institution. Mann–Whitney U tests were used to test for significant differences between the views of role-players and economic crime offenders. Findings The majority of both groups of respondents is of the opinion that law enforcement, prosecution and sentencing practices in South Africa are not adequate with regard to economic crime offences, although statistically significant differences exist in the degree of agreement. The challenge is therefore to prosecute more economic crime offenders by improving law enforcement, prosecution and sentencing practices. The study also revealed that people have a reluctance to speak out about fraud, corruption or tax evasion or to report such offences for various reasons. Originality/value The research assisted in identifying the challenges economic crime presents and the shortcomings in current law enforcement, prosecution and sentencing practices in South Africa.

Organized Crime Mythologies

2016 ◽  
Author(s):  
Patricia (Paddy) Rawlinson
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Economic Status ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Policy Responses ◽  
Media Narratives ◽  
And Control ◽  
The Impact ◽  
Fictional Representations

Organized crime is one of the most popular topics of media attention within the crime genre, providing a plethora of fictional representations and factual explanations for popular consumption. Its media presence has not only entertained the public but also interacted with and help form policy responses by governments and law enforcement agencies. Beset by ambiguous definitions and typically operating in a clandestine manner, organized crime has become subject to various forms of mythologizing, romanticized and exaggerated, thrilling and terrifying, emerging as a phenomenon riddled with contradictions yet made consistently attractive by the mystique that dominates media narratives. Blurring the line between fact and fiction as these narratives often do, they can serve or undermine attempts to conceptualize and control organized crime, and in some cases, modify the behavior of criminals themselves. The mythologizing of organized crime has been one of the major challenges for criminologists researching the topic. Unlike many other forms of crime, gaining access to subjects involved in this surreptitious world is especially difficult for academics, consequently conferring exaggerated and misleading media and official representations of organized crime greater currency. Further, with the ostensible explosion of global crime networks, shaped by diverse languages, cultures, and ideologies, gaining a more accurate understanding of the nature of and threat posed by organized crime has become even more problematic. In examining the production and content of the dominant myths around organized crime, the article looks at the impact of media and official representations of these mythologies and how they have helped to preserve the political, social, and economic status quo.

scholarly journals Anti-cartel thrillers as a new film genre: How regulator-produced films portray and problematize cartels and communicate deterrence

2017 ◽  
Vol 14 (2) ◽  
pp. 229-246 ◽  
Author(s):  
Judith van Erp
Keyword(s):  
Law Enforcement ◽  
Corporate Crime ◽  
Recent Trend ◽  
Economic Crime ◽  
Business Climate ◽  
Law Enforcement Agencies ◽  
Socially Responsible ◽  
Film Genre ◽  
Communicative Strategy ◽  
Political Economic

This article directs the ‘visual turn’ in criminology to corporate crime, a topic that has been understudied by cultural criminologists. A recent trend of corporate crime movies suggests that film can compellingly critique economic crime and unethical business cultures. This article studies how law enforcement agencies, particularly competition authorities, have connected with this trend by using film in their communicative strategy. This article introduces the emerging genre of anti-cartel enforcement thrillers: regulator-produced realistic docudramas in which fictional cartels are exposed and punished. These films’ narratives about cartel enforcement are reconstructed by studying how the films portray cartels, perpetrators and their motives, and the regulator. An analysis of four films produced in four jurisdictions demonstrates that the films deter only to the extent that the local legal and political-economic context allows: the British film reflects that country’s neoliberal ‘pro-business’ climate, while the Swedish film depicts businesses as socially responsible and the Dutch film is pragmatic rather than moralistic. Only the Australian film is explicitly punitive in its narrative as well as its imaginary, and exemplifies the persuasive potential of film in enforcement.

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