scholarly journals MEANS OF DIFFERENTIATION OF RESPONSIBILITY FOR IMPLEMENTATION OF FINANCIAL CRIMES

2018 ◽  
pp. 113-123
Author(s):  
VALERY LAPSHIN
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Legal Protection ◽  
Economic Crime ◽  
Forecasting Method ◽  
Financial Crimes ◽  
Criminal Legislation ◽  
Economic Crimes

Introduction: modern criminal legislation in terms of ensuring the criminal-legal protection of financial relations needs substantial processing. This is due to the unsatisfactory quality of the differentiation of criminal responsibility carried out for committing socially dangerous encroachments on financial relations. This circumstance is an artificial obstacle to the application of the criminal law with a view to preventing economic (financial) crime. Methods: dialectical, comparative legal, logical, system analysis and forecasting method. Analysis: the state of the differentiation of the responsibility, defined by the legislator for the commission of financial crimes, can be considered unsatisfactory for a number of reasons. Firstly, the established responsibility for certain financial crimes does not reflect the significant public danger that is inherently inherent in financial crimes. Secondly, criminalization of separate, previously unknown to the Russian criminal law, acts committed in the financial sector, has complicated enforcement activities of law enforcement and judicial authorities since the emergence undue competition with other norms of responsibility for crimes in the sphere of economic activity. Thirdly, the extension provided for by the criminal law of the possibility of release perpetrators financial and other economic crimes, negative impact on the prevention of economic crime. Results: the study made a number of proposals to waive inclusion in the domestic criminal law of duplicate rules on liability for financial crimes, to reduce the possibility of release from liability for committing financial crimes, as well as the technique of forming the rules of sanctions on the responsibility for committing both financial and economic crimes in general.

scholarly journals Penalties for economic crimes in the criminal laws of the UK and the USA

2021 ◽  
Vol 17 (2) ◽  
pp. 37-43
Author(s):  
Anastasia K. Yakubenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
White Collar Crime ◽  
Effective Means ◽  
Criminal Activity ◽  
The United States ◽  
Economic Crime ◽  
The Usa ◽  
The Uk ◽  
Economic Crimes

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

scholarly journals PECULIARITIES OF ESTABLISHING RESPONSIBILITY FOR FINANCIAL CRIMES IN SELECTED COUNTRIES OF THE EURO-ASIAN REGION

2018 ◽  
pp. 33-42
Author(s):  
Valery Fedorovich Lapshin
Keyword(s):  
Criminal Responsibility ◽  
Legal Protection ◽  
Developed Countries ◽  
The State ◽  
Economic Behavior ◽  
Economic Relations ◽  
Asian Region ◽  
Financial Crimes ◽  
Financial Interests ◽  
Criminal Legislation

At present, the reform of domestic criminal legislation is being carried out with a view to mitigating responsibility for certain crimes that do not involve causing physical or property harm to a citizen. The most attractive in this part are the criminal-legal prohibitions in the sphere of economic activity. But the public danger of certain economic (financial) crimes, which harm the state interests, even in the current criminal legislation of Russia can be recognized as undervalued. Therefore, the implementation of a policy of mitigating criminal responsibility requires extreme selectivity, so as not to deprive the criminal-legal protection of really meaningful economic relations. To do this, it is necessary to study the experience of criminal legal protection of financial relations, which already exists in the economically developed countries of the Euro-Asian region. The results of their development testify to the successful solution of the problem of finding a balance between the necessary criminalization of socially harmful economic behavior and ensuring the proper protection of the financial interests of society and the state. Certain mechanisms for protecting financial interests can be considered as a matter of reception in the Russian criminal law.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals Criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation

2019 ◽  
pp. 110-123
Author(s):  
O. Korotiuk
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Constitutional Rights ◽  
Foreign Countries ◽  
Foreign Law ◽  
Circulation Change ◽  
The World ◽  
Criminal Legislation ◽  
And Storage

The article analyzes the criminal law of foreign countries, which reflect the main types of forms of encroachments on objects of copyright and related rights. It has been established that the criminal responsibility for the above-mentioned acts was foreseen in the most countries of the world. The purpose of the article is to investigate the issue of criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation. Extremely widespread forms of socially dangerous encroachments on copyright objects are "appropriation of authorship", "plagiarism" and "coercion to co-authorship". Offenses that encroach on copyright objects are usually placed in the sections "Crimes against the constitutional rights and freedoms of man and citizen", "Crimes against property", and in some cases are placed in a separate section "Crimes against Intellectual Property». Analysis of the criminal legislation of foreign countries suggests that the typical forms of encroachments on objects of copyright and related rights include acts related to: a) the illegal entry into the circulation of objects of copyright and related rights contrary to the established legislation procedure. These types of encroachments are represented by the following wording of the criminal law of foreign law: the wording indicating the act of import or other movement of objects of copyright and related rights (for example, transportation, movement, import, export, etc.); wording indicating acts concerning the acquisition and storage of objects that could not be in circulation (in particular, acquisition, storage, conscious possession for the purpose of trade or inclusion in trade, illicitly created objects, goods, including if they were imported, receiving etc.); the wording indicating the acts related to the introduction of objects to commodity circulation or the commission of any actions for the purpose of further introduction into circulation, including acts concerning the putting into circulation of equipment for the illegal creation of copyright and related rights objects (for example, the use of objects without a check mark and in the absence of author's contracts; introduction into business turnover; introduction into circulation; change, removal from copies of objects of symbols and signs of protection of rights etc.); b) illegal production (creation) and / or illegal use of such objects. The following wording of the criminal law provisions refers to these attacks: the wording which denotes actions related to the illegal creation of the object of intellectual property rights, the introduction of certain changes to the object or information about the object, as well as acts of unlawful gain rights to the object (for example, attribution or coercion, plagiarism, reproduction, copying, forgery or imitation etc.); wording that denotes acts of unlawful use and distribution of objects (in particular, illegal use, illegal distribution, sale or offer for sale, sales etc.); general wording indicating any of the above-mentioned encroachments, as well as other attacks on the objects of copyright and related rights (for example violation of the law, any other form of use of objects, other infringement of rights, violation of any which of the rights etc.).

scholarly journals THE CURRENT STATE OF INFORMATION AND ECONOMIC CRIMES IN UKRAINE

2020 ◽  
Vol 2 (6) ◽  
pp. 66-75
Author(s):  
Hanna Kostovyat ◽  
Vitaliy Serzhanov
Keyword(s):  
Negative Impact ◽  
Economic Status ◽  
Economic Security ◽  
Economic Crime ◽  
Criminal Cases ◽  
Foreign Markets ◽  
Current State ◽  
Economic State ◽  
Low Efficiency ◽  
Economic Crimes

Considered the quality of the investigation of information and economic crimes in Ukraine, carried out the analysis of the current state of cybersecurity and economic crimes, which have a negative impact on the modern state of the country.  The concepts of "economic security", "economic crime" and "cybercrime", which is closely related to each other criminal acts: cybercrime and cybercrime" are defined.  A comparative analysis of economic crimes for the third quarter is provided 2020, the dynamics of GDP of Ukraine, the rating of the economic state of security of the country. The level of information and economic crimes remains high, which is characterized by various consequences for the state, companies, citizens than ever before. Every year in Ukraine, the number of victims of cybercrime increases, especially during the Covid-19 pandemic, which made adjustments to the activities of organizations at the local and state levels The purpose of the article is to analyze the current state of cybersecurity and economic crimes that negatively affect the current state of the country, to highlight the main problems of the national cyber defense system. The economic status of the country is the main criterion for assessing a developed society, since the economy ensures a decent standard of living, the existence of the country and its progress. In order to ensure the fundamental development of the state's economy, it is necessary to create an appropriate production base, because the decline in production and its low efficiency are an important reason for the dependence of the Ukrainian economy on foreign markets, that is, its low level of economic security. It is also necessary to pay attention to criminal cases related to cybercrime, which operate in accordance with outdated methods that do not facilitate the collection of evidence or the completion of a decision on the case.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

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