scholarly journals FEATURES OF CONDUCTING FORENSIC AND ECONOMIC EXAMINATIONS RELATED TO THE FINANCIAL POSSIBILITY OF ENTERPRISES AND ORGANIZATIONS TO REPAY SALARY

2021 ◽  
Author(s):  
M. Rudaia ◽  
M. Zholobetska
Keyword(s):  
Labor Law ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
The Subject ◽  
Wage Arrears ◽  
Expert Practice

The article is devoted to the generalization of approaches to conducting expert examinations and expert studies of late payment of wages. The main problems of non-payment of wages were discovered and identified and cases of illegal payment of wage arrears in violation of labor law norms were considered. The features of conducting forensic economic examinations related to the determination of the financial ability of enterprises to repay wage arrears have been studied. Based on the expert practice, the questions are summarized that are often posed to experts, pre-trial investigation bodies and the court during the investigation of criminal proceedings initiated under Article 175 of the Criminal Code of Ukraine, the subject of expert examinations of this category is formulated and the classification of objects and the purpose of expert research is given. A list of documents has been determined that must be provided to an expert for conducting a study in accordance with the applied methods and selected methods.

scholarly journals O przedmiocie ochrony prawnej przestępstwa paserstwa umyślnego

2020 ◽  
Vol 30 (4) ◽  
pp. 39-72
Author(s):  
Marta Zwierz
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Offence ◽  
Legal Tradition ◽  
The Supreme Court ◽  
The Subject ◽  
Legal Arguments

This paper addresses the problem of classifying the criminal offence of handling stolen goods under the Polish Criminal Code of 1997. Referring to two separate and contradictory views about the crime, the study looks at both of them and attempts to define the subject of legal protection of that criminal offence in the Polish legal system. To this end, the paper also discusses a judgment of 26 June 2014 of the Polish Supreme Court (I KZP 8/14), in which the Supreme Court could not conclusively resolve the issue, creating even more doubts. The author questions the position of the Polish Supreme Court, arguing that it is not supported by either logical or legal arguments which would stem from the long-standing legal tradition. The author further argues that all problems arising from the determination of the good legally protected by the criminal offence as defined in Article 291(1) of the Polish Criminal Code result from the erroneous classification of criminal offences by the Polish lawmaker.

scholarly journals Legal special subject-matter of crimes related to illegal practice of financial activity

2021 ◽  
pp. 19-25
Author(s):  
Cristina Chihai ◽  
Keyword(s):  
Social Relations ◽  
Subject Matter ◽  
Accurate Determination ◽  
Criminal Code ◽  
Material Damage ◽  
Playing Field ◽  
Financial Activity ◽  
The Subject

The classification of a prejudicial act pursuant to Article 2411 [Illegal Practice of Financial Activity] of the Moldovan Criminal Code depends directly on the accurate determination of the crime objective and subjective constituents. Hence, the special subject-matter of this Study is made up of social relations with respect to the practicing of financial activity under a level playing field, having assumed that the subject concerned has been registered and/or authorised (licensed). Essentially, the licence is a permissive act that entitles the holder to carry out a certain kind of activity, in full or in part, falling under the licensing criteria provided by this Law. Authorisation shall be treated as a permissive act that gives certain activity rights to the economic operator, provided that specific terms and conditions are being met. In this regard, it is worth noting that licence and authorisation are not equipollent. Crimes related to illegal practice of financial activity has no tangible (intangible) subject-matter. Therefore, one may draw the conclusion that the wording „in case of causing material damage” (Article 2411 (1) of the Moldovan Criminal Code) and the wording „for the same action that caused material damage” (Article 2411 (2) of the Moldovan Criminal Code) shall be treated as technical and legal error. Ultimately, we shall mention that the identification of social relations affected by the committed crime involves truthful and consistent application, by the law enforcement bodies, of the provision set forth by Article 2411 of the Moldovan Criminal Code.

scholarly journals The concept of a certain forensic technique and its types

2018 ◽  
Vol 83 (4) ◽  
pp. 38-45
Author(s):  
S. O. Knizhenko
Keyword(s):  
Forensic Science ◽  
Judicial Review ◽  
Subject Matter ◽  
Current Development ◽  
Criminal Proceedings ◽  
The Subject ◽  
Contemporary Development ◽  
Scientific Ideas ◽  
Group Species

The forensic technique is one of the sections of forensic science which task is to develop recommendations for the effective investigation of certain types of crimes. Nowadays there is no consensus among scholars about the concept of a certain forensic technique, its types, structure and tasks. The objective of the work is to determine the concept of a certain forensic technique and its types, taking into account the contemporary development of scientific ideas about criminalistics. The author of the article has revealed the modern tasks of a certain forensic technique, has determined the sphere of distribution of forensic recommendations. The classification of methods of investigation of certain types of crimes has been offered taking into account the taxonomy, which will lead the construction, implementation of new and modernization of existing forensic techniques to a new level. It has been noted that the current development of criminalistics leads to the need to apply forensic recommendations both at the stage of pre-trial investigation, and during the judicial review of criminal proceedings. In this regard, one of the tasks of a certain forensic technique is the development of methodological recommendations not only for investigators, but also for prosecutors, judges. A certain forensic technique in the opinion of the author is the system of typed criminalistic recommendations in a certain form stipulated by investigative (court) situations and by the subject matter of proving regarding the most appropriate complexes of procedural actions, operative and search activities and tactical operations, their combination with the use of technical and forensic means and tactical methods according to the type of crimes aimed at the effective detection, consolidation, evaluation and use of evidence in criminal proceedings. Types of certain forensic techniques are allocated on various features, which take into account both criminal and criminalistic criteria and make up the following levels: group, species, generic, intergeneric (complex).

scholarly journals Classification of crimes in designing criminal procedure regulations

2019 ◽  
pp. 130-137
Author(s):  
A. G. Kulev ◽  
L. O. Kuleva
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Great Influence ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Procedural Code ◽  
The Russian Federation ◽  
Substantive Law

The rules on categorization of crimes are substantive and legal by their nature. Nevertheless, they have a great influence on the state and development of criminal procedural matter. It is proposed to divide the provisions of the Criminal Procedural Code of the Russian Federation, which reflect the provisions of Art. 15 of the Criminal Code of the Russian Federation, into two groups. The first group includes the norms of criminal proceedings that are a kind of logical continuation of criminal law regulations related to exemption from criminal liability and punishment. The second group consists of strictly procedural rules that are not directly dependent on the substantive law: the composition of the bench, jurisdiction and competence of criminal cases, bail hearing, negotiations control and recording, the return of a criminal case to the prosecutor. Particular attention is given to the possibility for the court to change the classification of crimes. Based on the studied theoretical sources and court practice, the authors make suggestions aimed at improving the existing criminal procedure legislation and optimizing its application in the framework of the issues raised.

scholarly journals On Classification of the Powers of an Investigating Judge in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (11) ◽  
pp. 350-355
Author(s):  
A. Kalygulova
Keyword(s):  
Criminal Procedure ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Control ◽  
Relevant Object ◽  
Procedure Code ◽  
The Subject

The article is devoted to the issue of classification of the powers of an investigating judge in criminal proceedings of the Kyrgyz Republic. The relevance and novelty of the study is caused by the introduction of a new procedural figure of the investigating judge, who exercises judicial control in pre-trial proceedings. The powers conferred by the Criminal Procedure Code of the Kyrgyz Republic to an investigating judge are varied in content. In this regard, the issue of the classification of the powers of an investigating judge is relevant. Object of research: the procedural figure of the investigating judge. The subject of the research: the powers of the investigating judge and their division by classification. Thus, the powers of an investigating judge, provided for in Article 31 of the Criminal Procedure Code of the Kyrgyz Republic, cover not only the issues of the existence of grounds for the application and extension of measures to ensure criminal proceedings, authorization of investigative and special investigative actions, as well as the resolution of issues arising between the participants in pre-trial proceedings, including those affecting the scope of proof in criminal cases. A proposal has been made to classify the powers of an investigating judge in criminal proceedings in the Kyrgyz Republic.

scholarly journals Pictures in the Soviet Northern discourse of the 30s (based on the materials of the newspaper «Khanty-Mansi Shop (Shoy) / Ostyako-Vogulskaya Pravda»)

2021 ◽  
Vol 11 (3) ◽  
pp. 584-597
Author(s):  
А. G. Kiselev ◽  
◽  
S. V Onina ◽  
Keyword(s):  
Visual Arts ◽  
The North ◽  
Academic History ◽  
Visual Approach ◽  
History Of ◽  
The Subject ◽  
History Of Journalism ◽  
Visual Range

Introduction: a notable phenomenon of modern historiography is the visual turn, which presupposes the study of history as the history of images. The subject of the research is the images published in the newspaper «Khanty-Mansi Shop (Shoy). Ostyako-Vogulskaya Pravda» in 1931–1939. Objective: presentation of the ethno-cultural segment of the visual range of the newspaper and on this basis the determination of its communicative capabilities in relations with the viewer-reader from among the indigenous peoples of the North. Research materials: newspaper images, works of theorists and practitioners of the photo department, party documents of the pre-war period. Results and novelty of the research: the classification of ethno-images is given; the connection between the dynamics of their publication and the socio-political trends in the country’s development has been clarified. As a common feature of ethno-images, their conventionality and simplicity are shown, which correlates with the peculiarities of the «northern style» in the visual arts of the Ob Ugrians. The weakness of the visual range is shown, which hindered the transformation of the newspaper into a mass, nationally oriented publication. The scientific novelty is determined both by the visual approach itself, and by the introduction into scientific circulation of a complex of images of the Ostyako-Vogul newspaper; observations and conclusions can be used in the preparation of the corresponding section of the academic history of Yugra, as well as special courses on the history of journalism.

scholarly journals FEATURES OF DETERMINATION OF THE COST OF PLANTS CERTAIN KINDS WHEN CARRYING OUT FORENSIC MERCHANDISING EXAMINATIONS

2017 ◽  
Vol 17 ◽  
pp. 351-359
Author(s):  
О. S. Obolentseva-Krasivska
Keyword(s):  
Ornamental Plants ◽  
Biological Properties ◽  
Planting Material ◽  
The Subject ◽  
Definition Of ◽  
The Cost ◽  
Market Relations

Flowers, ornamental plants, planting material (saplings) and other plants with regard to which the market with possibility of carrying out independent adequate marketing was formed, are the subject of evaluation by the experts in field of forensic merchandising. With the development of the market and market relations such goods as flowers, planting material and others are increasingly encashed in the market of Ukraine and become the objects of forensic merchandising examinations and expert researches. Special feature of merchandising researches of the plant origin objects is the use of the comprehensive approach to the estimation of their quality and cost. Researches are carried out with the purpose of determination of properties, consumer value, conformity to standards and specifications of plants certain kinds. When studying a considerable variety of flower plants, one distinguishes scientific and industrial classifications. In merchandising flowers industrial classification of flower ornamental plants which provides distribution of flower plants to the separate groups similar on biological properties, the agricultural technician of cultivation and practical application in gardening is used. During carrying out merchandising examinations on an establishment of consumer properties of certain kinds plants, namely establishments organoleptic indicators of quality and quantity of flower decorative production given for research, the expert checks conformity of this production to requirements of normative and technical documents. Requirements to quality of flower production are normalised by standards depending on production kind – cutf lowers, pottery blossoming plants, pottery decorative sheet plants, sprouts of flower decorative production, planting material, seeds of flower ornamental plants. At carrying out merchandising researches of flower decorative production, plants and saplings it’s necessary for merchandising experts to pay special attention on definition of quality indicators and a grade of plants according to standards, and also to consider data concerning age of a plant, novelty of a grade and origin country of production.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

FEATURES OF MORAL HARM RESEARCH IN CRIMINAL PROCESS

2017 ◽  
Vol 17 ◽  
pp. 401-406
Author(s):  
M. O. Zhuravleva
Keyword(s):  
Psychological Trauma ◽  
Psychological Research ◽  
Criminal Code ◽  
Close Relative ◽  
Criminal Proceedings ◽  
Psychological Examination ◽  
Procedural Code ◽  
The Moment ◽  
Definition Of

The paper considers contradictions which arise after entering amendments in 2014 into article 242 of the Criminal Procedural Code of Ukraine, in which an obligatory appointment of psychological examination for the determination of moral harm amount in criminal trial is allocated. The thought on inexpediency of appointment of the person moral sufferings examination within the limits of criminal proceedings on the basis ofsuch positions is subtatiated: 1) before pronouncement of a court sentence on criminal proceedings a person’s guilt is not proved, in this case forensic psychological examination will be based on not proved premise - possibility of guilt which conflicts to an innocence presumption according to the Criminal Code of Ukraine. The expert conclusion is one of procedural sources ofproofs. Carrying out forensic psychological examination of moral harm within criminal proceedings, the expert, being based on the inadmissible assumption of guilty, creates the proof; 2) if the question of moral sufferings presence is considered within criminal proceedings, the fact of absence of the claimantfault has to be established by the court along with definition of the respondent fault degree; 3) pronouncement of a court sentence with definition of the parties guilty degree is an important point for definitive qualitative and quantitative formalizing moral sufferings. At the stage «before a sentence» the psychological trauma has not been yet led to the fullforming ofmoral sufferings, therefore during carrying out psychological research on the materials of criminal proceedings the amount of compensation should be defined only as "a preliminary"; 4) for the determination of the depth and heaviness of the person’s sufferings a psychologist needs to conduct a research only in 1 yearfrom the moment of injuring events (the person should go through stages of distress after losing close relative, to be treated and feel consequences at health damage).

scholarly journals Establishing the circumstances to be proven during verification of tax crime reports

2021 ◽  
Vol 118 ◽  
pp. 03005
Author(s):  
Gaisa Mosovich Meretukov ◽  
Aleksander Aleksandrovich Tushev ◽  
Aleksander Yuryevich Korchagin
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Scientific Work ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Joint Activities ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Crime Reports

The primary purpose of this scientific work is to study the specifics of initiating criminal cases on crimes under Articles 198, 199, 199.1, 199.2, 199.3, and 199.4 of the Criminal Code of the Russian Federation following current legislation. Using methods of analysis of legislation, published scientific works on the subject, legal comparison, study of practical activities of investigation bodies, the article developed scientific provisions and practical recommendations, which can be used in criminalistics and the activities of investigation bodies. In accordance with subparagraph “a” of paragraph 1 of part 1 of Article 151 of the Criminal Code of the Russian Federation, these crimes are investigated by investigators of the Investigative Committee of the Russian Federation. The reasons for initiating a criminal case can be both reports from the inquiry and the tax authorities (Part 7-9 of Article 144 of the Criminal Code of the Russian Federation). Another result of the work considered the joint activities of these bodies to establish the event and traces of the crime during the verification of tax crime reports and the conclusions obtained during the analysis of the applied forensic methods and means during such verification. The novelty of the work lies in the definition of the circumstances included in the subject of proof, which can be established in deciding the issue of initiation of criminal proceedings for this category of crimes. It also substantiates the problems that arise during the verification of messages. The results and novelty of the study will allow optimizing the activities of the bodies of preliminary investigation and inquiry.

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