scholarly journals Criminalistics and criminal politics

Author(s):  
Konstantin Sotnikov ◽  
Oksana Romanova

The article considers the question of the place and role of criminalistics in the implementation of the criminal policy of the state, examines the systemic relationship of criminalistics and criminal policy and the statements of individual criminologists about the need to form a forensic policy as an integral part of criminal policy are analyzed. The definition of the term «forensic policy» is formulated. The author regards the term as a strategic direction ensuring the implementation of criminal policy by the introduction in practice the most effective, accessible and economical forensic tools and methods to solve and investigate crimes. It is emphasized that at the present stage of development of society, in the conditions of globalization of the economy, challenges in the field of information technologies, environmental problems, interstate relations, the tasks of protecting fundamentally new relations and interests are being actualized. Legislators formulate new elements of crimes against property, in the field of economics, violations of tax legislation, protection of the financial and banking system, information technologies, as well as crimes related to systemic corruption. In this regard, criminology faces the task of timeliness and adequacy of scientific developments of the crime mode, qualitative changes in legislation and forecasting the needs of practice in combating crime. The digitalization of the preliminary investigation should become the most important direction of the implementation of the forensic policy. The author raises the question of the development of a forensic strategy and the formulation of a forensic policy. It is proposed to develop a strategy (concept, program) for the development of criminalistics as an applied science for 5-10 years with the participation of the leading criminalistics departments of the universities of the country. This document will be discussed and adopted at the All-Russian Congress of Criminologists.

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Alina Steblianko ◽  
◽  
Yarina Vereshchaka ◽  

The article is devoted to the analysis of the process of deoffshorization at the present stage of development of the Ukrainian statehood and prospects of its further development. The urgency of the problem described in the article is due to significant losses from offshoring for the economy of Ukraine, which, in turn, requires the development of effective tools to regulate the relationship of residents with «tax havens». It is noted that despite significant scientific works and current research, today there is no single point of view on the effectiveness of the existing mechanism of deoffshorization of national economies by international regulators, tools to combat tax erosion and tax evasion. The article considers the definition of «deoffshorization», describes the mechanism of deoffshorization of the national economy. It has been established that one of the most important goals of global deoffshorization is to create equal conditions for the movement of capital between countries, without giving preference to countries that have more attractive tax conditions. Emphasis is placed on the fact that the harmonization of anti-offshore and tax policies is one of the key processes, as deoffshorization cannot be effective without increasing the responsibility for non-compliance with tax legislation. International experience on deoffshorization processes is analyzed. Attempts by the Ukrainian legislature to resolve issues related to deoffshorization are considered. It is emphasized that despite the fact that some mechanisms of counteraction to cross-border tax evasion schemes are fragmented in Ukraine, such mechanisms need further clarification and implementation of tools that will allow effective control over the relevant areas and ensure effective functioning of the domestic counteraction system. tax minimization. It is concluded that there is an objective need to bring the degree of responsibility for violations of tax legislation as much as possible in line with international practice and to ensure the transition to a qualitatively new level of international cooperation in the exchange of tax information.


2021 ◽  
Vol 11 (2) ◽  
pp. 42-57
Author(s):  
Оlena Zharikova ◽  
Kateryna Cherkesenko

The article reveals the essence of modern bancassurance and new challenges and prospects for its development in Ukraine. The definition of “bancassurance” is theoretically substantiated and the general financial and economic characteristics of Ukrainian banks is given. The normative indicators of commercial institutions are analyzed along with the main risks affecting banking and insurance activities, the possibility of their leveling are determined. The study provides theoretical and practical information on the process of banks capital of and insurance companies merging, financial and economic analysis of JSC PrivatBank – one of the largest banks in modern Ukraine, and the assessment of the financial stability of its insurance partners. The insurance Ukrainian market study concerning the detection of possible prospects for cooperation with the studied bank was done. The calculations suggest that PrivatBank can cooperate with the leading insurance companies, such as AXA Insurance and Providna recommended as new partners. It is established that bancassurance technologies have a significant place at the current stage of development of the domestic financial market. Using a large customer base and a wide network of branches and outlets, banking experts expect that revenues from the sale of insurance products in 2021 may amount to 15% of total bank revenues, as the volume of bank insurance in JSC CB PrivatBank is growing quite rapidly. The activity of banks in market conditions is subject to its general laws, and therefore requires the development of a viable mechanism for managing financial activities, aimed at increasing the competitiveness of banks. Thus, the ability of bank managers to determine the degree of financial stability of their bank as well as that of the competing banks and counterparties is essential in making decisions. Therefore, the search for ways to optimize the financial condition of the bank is one of the principles of further rapid development of the banking system in Ukraine.


2021 ◽  
Vol 11 (3) ◽  
pp. 16-36
Author(s):  
O. Zharikova ◽  
◽  
K. Cherkesenko ◽  

The article reveals the essence of modern bank insurance and new challenges and prospects for development in Ukraine. The definition of "bank insurance" is theoretically substantiated and the general financial and economic characteristics of Ukrainian banks are realized. The normative indicators of commercial institutions are analyzed and the main risks affecting banking and insurance activities and the possibility of their leveling are identified. Theoretical and practical information on the process of merging the capital of banks and insurance companies, financial and economic analysis of one of the largest banks in modern Ukraine - JSC "PrivatBank", and assessed the financial stability of its insurance partners. A study of the insurance market of Ukraine with the definition of possible prospects for cooperation with the studied bank. From the calculations, it was found that PrivatBank can be recommended to find new partners for cooperation between leading companies such as AXA Insurance and Providna. It is established that banking insurance technologies have a significant place at the present stage of development of the domestic financial segment. Using a large customer base and a wide network of branches and outlets, banking experts expect that revenues from the sale of insurance products in 2021 may amount to 15% of total bank revenues, as the volume of bank insurance in "PrivatBank" is growing quite rapidly. The activity of banks in market conditions is subject to its general laws, and therefore requires the development of a viable mechanism for managing financial activities, aimed at increasing the competitiveness of banks. Thus, the ability of bank managers to determine the degree of financial stability of their own bank, competing banks and counterparties plays an important role. Therefore, one of the principles of further rapid development of the banking system of Ukraine is the search for ways to optimize the financial condition of the bank.


2020 ◽  
Vol 16 (4) ◽  
pp. 745-758
Author(s):  
S.N. Larin ◽  
E.Yu. Khrustalev ◽  
N.V. Noakk

Subject. Currently, as the global economy evolves, its innovative components should demonstrate a tendency of accelerated growth as intellectual capital, information technologies, increasing knowledge and digitization of mushrooming production processes. Nowadays, intellectual capital is one of the economic development drivers. However, the economic community is found to have no generally accepted wording of the concept, thus laying the basis for this article. Objectives. The study sums up the analysis of approaches used by the Russian and foreign economists to determining the economic substance of intellectual capital. We also identify the importance of human capital as its components and specify the definition of the concept. Methods. The article overviews and analyzes proceedings by the most renowned authors, which substantiate how the economic substance of intellectual capital should be unveiled, and suggest its definitions. Results. We specified the definition of intellectual capital concerning the current economic development. We suggest integrating a new component into intellectual capital, such as intellectual property, which includes products of intellectual activity and intangible assets. They can be owned by the entity or other legal entities and individuals, including some employees of the entity. Conclusions and Relevance. The specified definition of intellectual capital will help address issues of sustainable economic development and ensure the competitiveness of the Russian entities nationwide and worldwide, since it directly contributes to intellectual capital and its components.


Author(s):  
Роман Михайлович Морозов ◽  
Дмитрий Юрьевич Волков

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.


2021 ◽  
Vol 4 (4) ◽  
pp. 41-46
Author(s):  
Ra’no Parpieva ◽  
◽  
Nafisa Norboyeva ◽  
Adiba Turayeva

This article will serve to select the system required for the effective use of information and communication technologies in the banking system and the impact of national payment systems in the banking sector on modern society, the effective use of new modern information technologies in the system.Study of foreign experience to select information and communication technologies that should be used in modern banks with information and communication technologies in the banking system, which have been used before.


Author(s):  
Юлия Борисовна Арон ◽  
Елена Валерьевна Жегалова

В статье рассматривается актуальная проблема интеграции крипто-валюты в банковскую систему РФ. Авторами предлагается определение криптовалюты, обосновывается востребованность использования цифровой валюты в экономике. Рассматривается специфика современного правового регулирования операций с криптовалютой и перспективы его развития в российской экономике. The article deals with the actual problem of integrating cryptocurrency into the banking system of the Russian Federation. The authors propose a definition of cryptocurrency, substantiate the demand for the use of digital currency in the economy. The article considers the specifics of modern legal regulation of cryptocurrency transactions and the prospects for its development in the Russian economy.


2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.


2021 ◽  
Vol 74 (1) ◽  
pp. 114-121
Author(s):  
Vasyl Kovalov ◽  

Active introduction of digital technologies in all spheres of life is one of the main directions of state development as a whole and separate sphere of activity. The issue of using information technologies and systems during forensic examination is the subject of scientific research of many domestic and foreign scientists, but this sphere remains relevant. The introduction of digital technologies in forensic activities is one of the priority areas for the forensic science development at the present stage and has significant development potential. One of the areas of optimization and improvement of forensic activity is the development of methods to automate the formation of forensic experts and unify the description of the research process, identified features, justification and formulation of forensic conclusions, which requires legislative consolidation and regulation, analysis and definition of the subject area and development requirements and algorithms for the operation of the system interface. Unification and standardization of the content of forensic experts' opinions requires the development of common standards and an information system adopted by all subjects of forensic expertise, and meets the needs of practice. The development of an information system for forming an expert opinion and automatically forming an expert opinion will allow formalizing and unifying the description of research and results of forensic examinations, optimizing the time of forensic experts and potentially reducing the number of logical, typographical and technical errors, and simplifying quality control of forensic examinations. The proposed system will not only automate the technical work of registration of research results carried out during forensic examinations, but will also contain research algorithms, which will be stored in the form of data on already conducted research of similar objects (list and sequence of operations, identified features and their parameters).


Author(s):  
Mukhammadolim Mukhammadsidiqov ◽  
◽  
Abrar Turaev ◽  

This article examines the theoretical and methodological aspects of the problem of energy security, which is becoming a topical geopolitical issue today. In particular, the interpretations of the concept of energy security, its transformation into a geopolitical factor and the structural elements of energy security are highlighted. The focus is on modern approaches and trends in energy security, as well as theoretical and methodological issues in the analysis of regional aspects of energy security. At the same time, efforts will be made to reveal the scale of threats to energy security and the destructive factors that make energy security relevant, their impact on interstate relations and political destabilization. The article summarizes the author's definition of the concept of energy security.


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