scholarly journals INSTITUTIONAL CAPACITY OF THE CUSTOMS SERVICE OF UKRAINE: LAW ENFORCEMENT ASPECT

2020 ◽  
pp. 87-97
Author(s):  
Valeriy KHOMA ◽  
Victor ZAIATS
Keyword(s):  
Law Enforcement ◽  
Synthesis Method ◽  
Institutional Capacity ◽  
Scientific Result ◽  
Scientific Methods ◽  
Cross Border ◽  
Operational Capabilities ◽  
Legal Foundation ◽  
The World ◽  
General Scientific

Introduction. The purpose of the customs authorities is to effectively protect society and ensure that appropriate taxes are levied, using, inter alia, the fight against cross-border crime. The way in which the customs carries out its law enforcement mission in combating the above offenses remains in the focus of discussions of the customs administrations – members of the World Customs Organization (hereinafter – WCO), of which Ukraine has been a member since 1992. As a result, there is a growing need for further customs enforcement research and improved, with the support of the WCO Secretariat, exchange of experience and a common approach that will allow customs administrations around the world to unify the methodology they use to identify and mitigate potential institutional risks. The purpose. The article covers the analysis of Ukraine’s own customs service methods and, possibly, taking measures to improve the existing national system, in particular, expanding its legal foundation (assistance to authority) and operational capabilities (options) on which state procedures and practices are based. Methods. In the course of the research, general scientific methods were used, in particular: analysis to determine the content of law enforcement powers of the Customs Service of Ukraine; comparison for the provisions of Ukrainian and international legislation regarding the institutional preconditions for law enforcement activities by national customs services. The synthesis method was used to formulate proposals on the need to improve the customs legislation of Ukraine. Results. The main scientific result of the article is to identify, related to the of customs affairs, shortcomings in the institutional capacity in the field of law enforcement of the Customs Service of Ukraine and determine the prospects for their further elimination. Particular attention is paid to the need to synchronize the provisions of Ukrainian legislation, both among themselves and with the relevant rules in force for Ukraine on customs matters, international agreements. Perspectives. Further research in this direction should be conducted on the basis of the formed theoretical justification of the law enforcement powers of the Customs Service of Ukraine, taking into account the levels of official interaction – departmental, interagency, international.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals Modern state of the judicial finance-credit examination and the prospects of its development

2020 ◽  
pp. 1-8
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Interdisciplinary Approach ◽  
Law Enforcement Officers ◽  
Modern State ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Judicial Practice ◽  
General Scientific ◽  
Substantive Law ◽  
Court Expert

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

THE USE OF «VIRTUAL TOURS» TECHNOLOGY IN THE TRAINING OF LAW ENFORCEMENT OFFICERS

2018 ◽  
Vol 2 (7) ◽  
pp. 122
Author(s):  
Kiryl Shuvayev ◽  
Pavel Andriyanov
Keyword(s):  
Law Enforcement ◽  
Cognitive Activity ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Philosophical Method ◽  
Scientific Methods ◽  
Curricular Material ◽  
General Scientific ◽  
Visualization Techniques

The aim of the study is to analyse the process of using «Virtual tours» technology in the educational process. This technology allows you to transfer the lesson from the passive into the interactive forms, to activate the cadets’ cognitive activity and to involve them into the educational process. The use of visualization techniques develops broad-minded thinking and enhances a better learning of the curricular material. The main tasks of the research are to analyse the process of using «Virtual tours» technology in the educational process of law enforcement officers; to estimate the functional practice of «Virtual tours» technology. The study is fundamentally based on the dialectical-philosophical method alongside with the general scientific and specific scientific methods.

scholarly journals The work of the Council of Border Troops' Commanders on combating illegal migration at the external borders of the CIS member-states

2020 ◽  
pp. 1-11
Author(s):  
Aleksey Nikolaevich Kaldyshev
Keyword(s):  
Law Enforcement ◽  
Information Exchange ◽  
Illegal Migration ◽  
Dynamic Changes ◽  
Member States ◽  
Scientific Methods ◽  
Systemic Analysis ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject

The subject of this research is the work of the Council of Border Troops' Commanders on combating illegal migration at the external borders of the CIS member-states. The conducted analysis determines the practical components of main efforts and separate results of the activity of the Council of Border Troops' Commanders. However, the dynamic changes in situation and forms of illegal activity at the external borders of CIS member-states obligates the border and law enforcement authorities to act using the advanced technologies. Research methodology includes the combination of general scientific methods, such as systemic analysis and summarization of scientific concepts. The main conclusions consists in recommendations of improvement of the system of information exchange between the bodies of sectoral cooperation on combatting illegal migration at the external borders of CIS member-states, with consideration of the existing experience of the bodies of sectoral cooperation, as well as the experience of other international organizations and foreign countries.

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 Information terrorism

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 171-177
Author(s):  
Vlasta Leonidovna Goricheva ◽  
Yuliya Andreevna Chernysheva
Keyword(s):  
Information Exchange ◽  
Life Support ◽  
Criminal Activity ◽  
Information Resources ◽  
Actual Problem ◽  
Scientific Methods ◽  
The World ◽  
New Type ◽  
General Scientific ◽  
Modern Information

The article deals with the actual problem of the spread of information terrorism in the world space. Information terrorism is a new type of criminal activity. Terrorists use modern information resources, the Internet to spread the ideology of terrorism. The general scientific dialectical method and a complex of scientific methods of cognition (system-structural, formal-logical) represent the methodological basis of the research. The results reached by the authors are that in modern conditions the threat of information terrorism has become a reality. Comprehensive prevention of the threat of information terrorism must be carried out within the framework of reforming the country through the widespread automation and digitalization of all life support facilities, as well as the country's integration into international information exchange. In the conclusion, the authors formulated the main conclusions of the study, substantiated the need to develop measures to counter information terrorism.

scholarly journals Classification of factors determining criminality in the sphere of housing and utilities infrastructure

2021 ◽  
pp. 14-25
Author(s):  
Denis Yur'evich Goncharov
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Research Subject ◽  
Public Authorities ◽  
Internal Factors ◽  
Scientific Methods ◽  
Determination System ◽  
General Scientific

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

scholarly journals Legal Mechanisms for Digitalization of the Activities of Prosecution Authorities

2021 ◽  
Vol 93 ◽  
pp. 02018
Author(s):  
Anna Churikova ◽  
Nina Manova ◽  
Mikhail Lavnov
Keyword(s):  
Law Enforcement ◽  
Well Being ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Social ◽  
State And Society ◽  
General Scientific ◽  
Economic Well Being

Prosecution authorities in most countries act as guarantors of the legality and validity of criminal prosecution, thereby ensuring the social and economic well-being of the state and society. Outdated paper forms of interaction between prosecution authorities and other law enforcement agencies in criminal investigations overload the existing system and make it less effective. Using the main general scientific methods of cognition, the authors come to the conclusion that it is necessary to improve the legal regulation of the digitalization of the prosecution authorities. As a result of the study, three main tasks have been identified to which the digitalization of the activities of the prosecution authorities should be directed.

scholarly journals OFFSHORE TERRITORIES: POSITIVE AND NEGATIVE IMPACTS ON THE GLOBAL ECONOMY

2019 ◽  
Vol 4 (5) ◽  
pp. 352
Author(s):  
Anna Tytko ◽  
Iryna Sukhan ◽  
Marianna Koshchynets
Keyword(s):  
Economic System ◽  
Comparative Method ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Financial Centre ◽  
Advantages And Disadvantages ◽  
Doing Business ◽  
The World ◽  
General Scientific ◽  
Offshore Activities

The aim of the article is to analyse and clarify the areas of development of offshore zones in the functioning of the world economic system. The subject of the study is offshore zones and offshore international centres as the locus of laundering of funds obtained by illegal means and their impact on the economy in total. Methodology. The study is based on the use of general scientific and special scientific methods in studying a coherent picture of development and possible trends in the further functioning of offshore zones in the global economic system. General scientific methods such as deduction, induction, analogy, analysis, synthesis enabled to reveal the implication of the world’s offshore zones as a system for laundering illegally obtained funds. The comparative method enabled to distinguish the specific features of offshore zones and offshore international centres and to identify common and distinctive features. The prognostic method allowed forming an original outlook on the advantages and disadvantages of offshore activities. Logical-semantic and dogmatic methods enabled to define the concepts of “offshore jurisdiction”, “offshore zone”, “offshore financial centre” and their specific features. The results of the study enabled to consider offshore zones, offshore financial centres and international financial centres, in terms of their specific features, as certain territories and areas of certain states, where under the exclusive conditions of doing business outside the territory of registration, non-resident entities are granted benefits and privileges in doing business, taxation, registration, and financial reporting, as well as an exclusive privilege of confidentiality. Practical implications. In the study, first, the concepts of “offshore zone”, “offshore financial centre”, “international offshore centre” are defined; second, the scientific approaches to their classification are analysed and compared in the specialized literature, the Fifth Directive is considered as the main legal regulation of money laundering and the BEPS Project; third, the author’s outlook on the positive and negative features of offshore activities and their impact on the world economy are substantiated. Relevance/originality. The author’s approach to the definition of the main features of offshore zones and offshore financial centres through the analysis of their qualitative characteristics is offered to determine the key areas of their development trends.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

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