scholarly journals Forensic prevention of crimes in criminal investigation techniques

2021 ◽  
Vol 10 (46) ◽  
pp. 162-168
Author(s):  
Viktor Vasylynchuk ◽  
Valentyn Kovalenko ◽  
Viacheslav Nekrasov ◽  
Oleksii Kopan ◽  
Roman Shchupakivskyi
Keyword(s):  
Crime Prevention ◽  
Semantic Analysis ◽  
Functional Method ◽  
Practical Implementation ◽  
Structural Method ◽  
Legal Analysis ◽  
Analysis Method ◽  
Legal Method ◽  
Criminal Offenses ◽  
General Scientific

The purpose of the article is to determine the place and role of forensic prevention in the structure of methods of investigation of certain types of crimes. The subject of research is the concept and features of forensic prevention. The research methodology includes general scientific and special methods of legal science: historical and legal method; structural and functional method; system and structural method, logical and semantic analysis method, formal and legal analysis method. Research results. The issues related to the characteristics of forensic crime prevention are considered. Different points of view on the role, significance and structure of forensic crime prevention are summarized and the conclusion that this legal institution is an integral part of forensic science is made. Practical implementation. The main methods and means of forensic prevention of criminal offenses are determined. Value / originality. It is concluded that the prevention of crimes should be aimed at neutralizing and eliminating the causes that contribute to their commission, and the pre-trial investigation authorities should play the key role in this process.

scholarly journals IMPLEMENTATION OF INTERNATIONAL COMMITMENTS UNDERTAKEN MEMBER STATES WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION

2017 ◽  
Vol 3 (3) ◽  
pp. 109-118
Author(s):  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
International Organizations ◽  
Structural Method ◽  
Legal Analysis ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Logical Method ◽  
International Obligations ◽  
Economic Union

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including the Eurasian Economic Union.

scholarly journals Prevention of Harm to Children’s Health and Development by Information Distributed During Paid Quest Entertainment

Legal Concept ◽  
2020 ◽  
pp. 97-102
Author(s):  
Evgeniya Serbina
Keyword(s):  
Law Enforcement ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Method ◽  
Innovative Management ◽  
Health And Development ◽  
General Scientific ◽  
Age Limits ◽  
The Innovative Management ◽  
High Degree

Introduction: the present study shows a high degree of significance of the factor of information and psychological security of minors participating in quests, which is currently at a low level. The purpose of the study is to identify the main guidelines for improving the legal implementation in the field of the quest industry in terms of evolution of the law enforcement in the context of introducing the innovative management technologies. Methods: the methodological framework for the research is presented as general scientific methods, including dialectical, inductive, deductive, analytical, statistical methods, interviewing and questioning, as well as specific scientific methods, such as the formal legal method, the method of legal interpretation, the principle of evaluating legal processes, etc. Results: the paper considers the initiatives of the National Quest Association (NQA) on the criteria for setting the age limits for quests. The problems of practical implementation of restricting access of minors to information dangerous for their mental health and development are noted. Conclusions: it is proved that there is a need to strengthen the external industry control in the field of protecting children from information that harms their health and development, as well as to improve the administrative legislation in this area.

scholarly journals THE PROBLEMS OF DEFINITION OF THE ABETTING IN THE COMISSION OF THE OFFENCES INVOLVING THREATS TO PUBLIC HEALTH (PART 1 OF ARTICLE 9 OF THE COUNCIL OF EUROPE CONVENTION ON THE COUNTERFEITING OF MEDICAL PRODUCTS AND SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH)

2021 ◽  
Vol 74 (11) ◽  
pp. 2912-2915
Author(s):  
Pavlo S. Berzin ◽  
Ivan S. Demchenko ◽  
Anzhela B. Berzina
Keyword(s):  
Public Health ◽  
Criminal Code ◽  
Structural Method ◽  
Council Of Europe ◽  
Legal Method ◽  
Criminal Offenses ◽  
Adequate Understanding ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation

The aim: based on the features of the notion of “abetting the commission of crimes established in accordance with the Convention” provided for in Part 1 of Art. 9 of the Medicrime Convention, it is necessary to offer an adequate understanding of the notion of “abetting” and define the types of criminal offenses (crimes) that are the “subject” of such abetting. Materials and methods: the research is based on an analysis of the provisions of the Medicrime Convention and the criminal law of Ukraine. The following methods were used: dialectical method; hermeneutic method; systemic-and-structural method; and comparative-legal method. Results: at the legislative level, there is a problem of designating the relevant socio-legal phenomena with adequate concepts and interpretations of these concepts. In the current criminal legislation of Ukraine, there is no definition of the concept of “abetting”, which is used in Part 1 of Art. 9 of the Medicrime Convention. Therefore, in the implementation of the requirements provided for in Part 1 of Art. 9 of the Medicrime Convention, each Party takes the necessary legislative and other measures to recognize abetting in committing any crimes, established under this Convention, as a crime, therefore we should take into account the existence of two alternative ways to explain the meaning of “abetting”: 1) to recognize at the legislative level that “abetting” and “incitement” are synonyms, and therefore the meaning of the term “abetting” can be explained by using the term “inclination”; 2) to recognize at the legislative level that the concept of “abetting” has a meaning different from the concept of “incitement”, and covers not only “inclination”, but also “coercion”, “motivation” and “encouragement”. Conclusions: the main disadvantage of using the concept of “abetting” in the text of the Ukrainian translation of the Medicrime Convention is that without an independent explanation of this concept at the legislative level, its content should be determined depending on the meaning of the term “inciter” under Part 4 of Art. 27 of the Criminal Code of Ukraine), and means inciting a person to commit any of the crimes specified in the Medicrime Convention.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals AUDIT AS A FORM OF CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 31 ◽  
Author(s):  
Ihor Bohdaniuk ◽  
Vladyslav Kolisnichenko ◽  
Olena Ustymenko
Keyword(s):  
The State ◽  
Structural Method ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The aim of the article is to review the audit as a form of control of the State Financial Inspection of Ukraine and to analyse its forms and types. The subject of the study is the audit as a form of control of the State Financial Inspection of Ukraine. Research methodology. The research is based on the use of general scientific and specialscientific methods and techniques of scientific knowledge. The dialectical method made it possible to investigate the definition of the audit as a form of control of the State Financial Inspection of Ukraine and the procedure for its appointment. The comparative legal method was used in order to compare doctrinal approaches to this issue. Interpretation of the content of normative legal acts of domestic legislation was carried out with the help of the normative-dogmatic method. These acts regulate the problem of appointment and conduction of the audit. The system-structural method was used for the study of the audit institution as a whole (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some parts of this institute to formulate further conclusions about its most optimal functioning. Practical impact. The analysis of types of audits, as well as their characteristic features, helped to develop recommendations for improving the procedure for conducting audits by the State Financial Inspection of Ukraine, as well as to identify problematic issues that require further consideration and research. Correlation/originality. In the research, there was made a proposal about audits, which are carried out by the State Financial Inspection of Ukraine and its territorial bodies. The proposal was to make them a form of forecasting control. It was recommended to qualify the fact of prevention the officials of the controlling body from carrying out the audit, checking or not providing the necessary documents for audit and verification as an administrative offense. A special attention was paid to the timeliness of the selection of explanations from the involved persons during the detection of offenses.

General Theoretical Aspects of Legal Development

2019 ◽  
Vol 10 (7) ◽  
pp. 2047
Author(s):  
Anatolii KRYZHANOVSKYI ◽  
Denys MANKO ◽  
Olena SIERYKH ◽  
Natalia ATAMANOVA ◽  
Antonina ZGHAMA
Keyword(s):  
Public Relations ◽  
Functional Method ◽  
Structural Method ◽  
Scientific Methods ◽  
The Public ◽  
Legal Development ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Legal Communication ◽  
Quantitative Changes

The processes of globalization (that have taken place over the last decades) have contributed too many transformations in legal processes. The same changes are being followed in legal development. Therefore, it is important to analyze the general theoretical aspects of legal development at the present stage. The purpose of this work is to study the general theoretical aspects of legal development. The object of the study is the general theoretical aspects of legal development. The subject of the study is the public relations that influence legal development, as well as the analysis of patterns and general theoretical aspects of such development. The research methodology consists of general theoretical and special scientific methods, namely: hermeneutic method, system-structural method, structural-functional method, historical-legal method, comparative - legal method, formal-logical methods (analysis and synthesis, induction and deduction, proof and refutation, comparison, generalization). As a result of the research, the general theoretical aspects of legal development are analyzed, the peculiarities of formation and existence of qualitative and quantitative changes in the legal sphere of public life are revealed, reflecting the level of legal development of an individual and community of people, the degree of perfection of forms of their legal communication and interaction.  

scholarly journals INTERNATIONAL COOPERATION IN FINANCIAL FRAUD INVESTIGATION

2018 ◽  
Vol 4 (4) ◽  
pp. 252-257
Author(s):  
Volodymyr Ortynskyi ◽  
Yuliia Chornous ◽  
Nataliia Pavliuk
Keyword(s):  
International Cooperation ◽  
Effective Interaction ◽  
Legal Regulation ◽  
Financial Fraud ◽  
Practical Implementation ◽  
Structural Method ◽  
Criminal Proceedings ◽  
National Legislation ◽  
Legal Method ◽  
Practical Recommendations

The aim of the article is to formulate theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud. The subject of the study is international cooperation in the investigation of financial fraud. Methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the preconditions for the origin of financial fraud as a crime of international nature, the establishment of the institute of international cooperation in criminal proceedings. The comparative legal method enabled to compare doctrinal approaches to the differentiation of tasks and forms of international cooperation in the investigation of financial fraud. The system-structural method enabled to determine the tasks of the pretrial investigation bodies in the investigation of financial fraud considering the functional aspect of the relevant bodies and individuals. The methods of grouping and classification were the basis for the author’s approach to the definition of features of financial fraud as a crime of an international nature. The technical legal method enabled to examine the state of affairs in the legal regulation of the application of international cooperation measures in the investigation of financial fraud at the international and national levels, to identify its shortcomings, which determine the problems of practical implementation, to develop recommendations aimed at their elimination. The results of the study revealed that improvement of the international cooperation in the investigation of financial fraud involves the use of new methods and means of investigation (legal proceedings within the framework of international legal assistance, joint investigation teams, etc.); working out effective interaction with the competent authorities of foreign countries and international organizations. It is important to conclude international cooperation agreements, including interagency agreements; to improve the national legislation to comply with the provisions of international law; to harmonize the legislation of Ukraine and European states. Practical implications. In the research, financial fraud is defined as a crime of an international nature; the problematic issues of its investigation are determined; features of international cooperation in the investigation of financial fraud; the areas of its efficiency improvement are suggested. Relevance/originality. The original author’s approach to the formulation of theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud is the foundation for the elaboration of the most promising areas for the development of national legislation and practical activities in this sphere.

scholarly journals Distortions of Political Regime as a Factor of Receding Democracy in Brazil

2020 ◽  
Vol 16 (2) ◽  
pp. 25-32
Author(s):  
J. Á. Moisés
Keyword(s):  
Information Source ◽  
World Order ◽  
Political Regime ◽  
Analysis Method ◽  
New World Order ◽  
New Developments ◽  
Legal Method ◽  
Emerging Trends ◽  
Logical Method ◽  
General Scientific

Introduction. This paper represents the changes which has brought in new changed ground realities. Lot of new developments have started taking place, ever since the advent of coronavirus. The author is neither a soothsayer nor an astrologer who can adequately predict the coming future. However, at the time of writing, some broad trends are emerging on the horizon, which could impact the evolution of a new world order in cyberspace. These emerging trends are beginning to point in the direction of an irreversible change in cyberspace.Materials and methods. The methodological basis of the study was made up of following general scientific and special methods of cognition of legal phenomena and processes in the field of Cyber law, Cybercrime & cybersecurity during corona virus age: a system-structural analysis method; method of synthesis of social and legal phenomena; comparative legal method; and formal logical method.The results of the study. The analysis revealed that, the Cyberspace is full of so much of information and misinformation that people are clueless as to which information source they should rely upon and which they should not. In this pandemonium, that exist across the world, some broad new areas are emerging which are engaging the attention of numerous stakeholders.Discussion and conclusions. In today’s Coronavirus times, nothing can be predicted as absolute. However, if one keeps in mind the broad trends on the horizon, one could potentially be more well equipped to deal with challenges concerning the new cyber world order. The New Cyber World Order will be increasingly important for all digital and cyber stakeholders, as it will impact all our digital presence, digital activities and digital lives. The legal, policy and regulatory issues pertaining to New Cyber World Order will have to be appropriately considered and addressed by cyber stakeholders as New Cyber World Order takes root in the coming times.       

scholarly journals A New Order in Cyberspace Awaits us

2020 ◽  
Vol 16 (2) ◽  
pp. 18-24
Author(s):  
P. Duggal
Keyword(s):  
Information Source ◽  
World Order ◽  
New Order ◽  
Analysis Method ◽  
New World Order ◽  
New Developments ◽  
Legal Method ◽  
Emerging Trends ◽  
Logical Method ◽  
General Scientific

Introduction. This paper represents the changes which has brought in new changed ground realities. Lot of new developments have started taking place, ever since the advent of coronavirus. The author is neither a soothsayer nor an astrologer who can adequately predict the coming future. However, at the time of writing, some broad trends are emerging on the horizon, which could impact the evolution of a new world order in cyberspace. These emerging trends are beginning to point in the direction of an irreversible change in cyberspace.Materials and methods. The methodological basis of the study was made up of following general scientific and special methods of cognition of legal phenomena and processes in the field of Cyber law, Cybercrime & cybersecurity during corona virus age: a system-structural analysis method; method of synthesis of social and legal phenomena; comparative legal method; and formal logical method.The results of the study. The analysis revealed that, the Cyberspace is full of so much of information and misinformation that people are clueless as to which information source they should rely upon and which they should not. In this pandemonium, that exist across the world, some broad new areas are emerging which are engaging the attention of numerous stakeholders.Discussion and conclusions. In today’s Coronavirus times, nothing can be predicted as absolute. However, if one keeps in mind the broad trends on the horizon, one could potentially be more well equipped to deal with challenges concerning the new cyber world order. The New Cyber World Order will be increasingly important for all digital and cyber stakeholders, as it will impact all our digital presence, digital activities and digital lives. The legal, policy and regulatory issues pertaining to New Cyber World Order will have to be appropriately considered and addressed by cyber stakeholders as New Cyber World Order takes root in the coming times.  

scholarly journals Effectiveness standards for investigation of corruption crimes: Theory and practice

2021 ◽  
Vol 10 (44) ◽  
pp. 295-306
Author(s):  
Oleksandr Ostrohliad ◽  
Oleksandr Torbas ◽  
Viktor Zavtur ◽  
Vladyslav Sydorchuk ◽  
Oleh Fedoriv
Keyword(s):  
Structural Analysis ◽  
Scientific Knowledge ◽  
Case Law ◽  
Functional Method ◽  
Theory And Practice ◽  
Dialectical Method ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Procedural Decisions

The article deals with development of a doctrinal system of effectiveness standards for the investigation of corruption crimes. The study used a number of philosophical, general scientific and specific methods of gaining scientific knowledge, including: dialectical method, hermeneutic method, method of systemic and structural analysis, methods of analysis and synthesis, functional method, formal legal method and modeling method. It is proposed to define the investigation effectiveness as the feature of pre-trial investigation, which is characterized by the ability to achieve the tasks envisioned in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) and can be assessed by checking the number of objectively necessary procedural actions and the effectiveness of making intermediate and final procedural decisions. It is emphasized that the general standards of investigation effectiveness, formulated by the case law of the ECHR, are partially taken into account in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) through stating the need of investigation being efficient, complete and impartial. The authors formulate scientific approaches to determining the main criteria for the effectiveness of pre-trial investigation of corruption crimes.

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