scholarly journals Combating credit fraud: experience of Ukraine and some other European Countries

2021 ◽  
Vol 10 (42) ◽  
pp. 93-102
Author(s):  
Volodymyr Cherniei ◽  
Serhii Cherniavskyi ◽  
Alexander Dzhuzha ◽  
Viktoria Babanina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The Other ◽  
Financial Fraud ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Criminal Offenses ◽  
European Union Countries ◽  
General Scientific ◽  
The Eu

The article is devoted to the study of the peculiarities of combating fraud in the field of finance, in particular, combating crimes in the field of lending. The experience of Ukrainian law enforcement agencies in combating credit fraud has been studied. The experience of some European Union countries in combating financial fraud is analyzed. To achieve the goal of the paper a set of general scientific and special methods was used, such as method of system-structural analysis, dogmatic (formal-logical), historical, general sociological, comparative-legal method and others. It is concluded in the article that the rules of criminal law of Ukraine establish more severe penalties for some crimes compared to EU countries. For example, this applies to crimes in the field of money laundering. On the other hand, some offenses that do not qualify as crimes in Ukraine are recognized as criminal offenses in the EU. For example, this applies to abuses in the field of insurance. According to the results of the study, the solution of some important issues is proposed such as improvement of the current legislation in the field of credit and financial relations, adaptation of the legislation of Ukraine to international norms and standards in the system of credit and financial relations.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals Genesis of the Institute of Interaction of the State Border Guard Service of Ukraine with Other Law Enforcement Agencies

2019 ◽  
Vol 75 (4) ◽  
pp. 38-42
Author(s):  
І. І. Baidyuk
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Historical Aspects ◽  
Security And Protection ◽  
Scientific Cognition ◽  
Legal Method ◽  
Joint Forces ◽  
General Scientific

The article is focused on the research of historical aspects of interaction between the State Border Service of Ukraine with other law enforcement agencies of Ukraine, which is conditioned by the importance of the tasks assigned to the State Border Service of Ukraine on the security and protection of the state borders, especially in the current conditions of integration of the state into the European space, by reforming a number of law enforcement agencies of Ukraine, the creation of new law enforcement structures and, accordingly, the need to improve existing or establish new cooperation mechanisms of interaction between the above entities. Both general scientific and special methods of scientific cognition made possible to achieveg the set goal and objectives of the study. The central method of the research was the historical and legal method, which allowed to reveal both the historical aspects and the legal basis of interaction of the State Border Service of Ukraine with other law enforcement agencies at different stages. The peculiarities of the interaction of the state border protection agencies with other state entities have been clarified since the V century, when the need for the protection of state borders was first realized and the relevant agencies were created. The author has determined law enforcement agencies that interact with the State Border Service of Ukraine nowadays and the legal basis of such interaction. Particular attention has been paid to the specifics of carrying out interaction of the State Border Service of Ukraine with other law enforcement agencies within the framework of the special border operation “Border”, as well as on the territory of the operation of the joint forces.

9. National and international responses to computer-related crime

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Limited Effectiveness ◽  
The Eu

This chapter discusses the application of the criminal law to computer-related crime. Criminal law was traditionally seen as the province of national authorities. However, as developments in technology gathered pace, it became increasingly apparent that national legislation might be of limited effectiveness. Beginning with the Council of Europe Cybercrime Convention, which was opened for signature in 2001, there have been a number of international initiatives with the EU also becoming increasingly active in the field. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.

scholarly journals Prosecutor, as guarantor of legality during registration statements, reports on committed criminal offenses: problems and reality

2019 ◽  
Vol 31 (1) ◽  
pp. 194-202
Author(s):  
K. Shapovalovа
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Criminal Offenses ◽  
Practical Recommendations ◽  
Investigation Information

The article deals with the issues of procedural ensuring of consideration of applications and reports on criminal offenses committed in the activities of the investigation authorities, analyzes the peculiarities of the supervisory activity of the prosecutor at this stage of criminal proceedings, identifies his powers, the main criteria for assessing the effectiveness of prosecutorial supervision over observance of laws in the activities of investigating agencies, generalized violations  in the form of not entering into the Uniform Register of pre-trial investigation information about criminal law enforcement.  Based on the analysis of the CPC of Ukraine, departmental orders and instructions of law enforcement agencies that regulate the issues of filing and reviewing applications and reports on criminal offenses, the algorithm of the actions of the prosecutor on ensuring compliance with the lawfulness of the investigation bodies during the reception, registration, registration and consideration of applications is determined and characterized, reports of criminal offenses committed.  A number of theoretical provisions, conclusions and practical recommendations aimed at improving the norms of the national legislation and increasing the efficiency of the prosecutor's activity in the field of criminal proceedings are formulated.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

scholarly journals Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 30
Author(s):  
Alexander V. Demin
Keyword(s):  
Law Enforcement ◽  
Everyday Life ◽  
International Organizations ◽  
Good Faith ◽  
The Other ◽  
Tax Law ◽  
General Requirement ◽  
Law Enforcement Agencies ◽  
The One ◽  
Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

scholarly journals CRIMINAL LAW AND CRIMINALISTICS PROBLEMS OF LAW ENFORCEMENT AGENCIES ACTIVITY IN ARCTIC REGION

2019 ◽  
Vol 23 (2) ◽  
pp. 244-263
Author(s):  
Lev V. Bertovsky ◽  
Lev R. Klebanov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Arctic Region ◽  
Russian Arctic ◽  
Law Enforcement Agencies ◽  
Local Fauna ◽  
Successful Development ◽  
Arctic Conditions ◽  
Sparse Population ◽  
Special Factors

The actual problems of criminal law and criminalistics with which law enforcement agencies in Arctic have been facing are concerned in the present article. Successful development of Arctic region demands struggling against criminality affected by special climate, geographic, ethnic, social, legal and another factors. These circumstances roughly embarrass the combating with criminality in Arctic, taking into account sparse population of the region, remote location of communities from organs of state power, ingenious people alcohol abusing, negative affecting of harsh arctic conditions on mental health of inhabiting person. Being one of the richest recourse region all over the world, Arctic has becoming the stage of competition between arctic states. Upkeeping of order on Russian arctic territory is very important aim under these circumstances. In the article legal regiment of Arctic is concerned and characteristic of Arctic social and economy situation is given. The authors demonstrate structure of Arctic criminality and crimes committed on this territory are analyzed. Special attention is centered on analyzing of ecological crimes committed in Arctic taking into account wealthy of local fauna and environment. The problems of law enforcement criminalistics providing also are attentively analyzed, for example, issues of criminalistics methodic for crime investigation, usage of the new technic tools and devises of criminalistics, interconnection between investigators and detectives. Such interconnection is embarrassed by remote locations islands from mainland. The article is grounded on extensive materials from empiric, scientific and law origins related to criminality existing in the different Arctic countries (USA, Canada, Russia, Scandinavian states). This article is the first one discussing various problems of combatting criminality in Arctic region. In the process of preparing the article authors have come to conclusion that Arctic crimes there committed poses special sort of criminality - “frozen” criminality. Such sort provided by special factors must be explored in the future in order to get success while combating the criminality in Arctic.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

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