scholarly journals Investigation of economic crimes: the birth of a scientific school

2021 ◽  
Vol 2021 (4) ◽  
pp. 73-79
Author(s):  
Aleksandr Lubin
Keyword(s):  
Criminal Activity ◽  
Economic Security ◽  
Economic Crime ◽  
Scientific School ◽  
Initial Stage ◽  
Economic Sphere ◽  
Economic Crimes

The article examines the initial stage — the birth of the scientific school "Criminalistics means of ensuring the economic security of Russia". The significant features of the School are stated, scientific and methodological tasks of forming a model of the mechanism of criminal activity are revealed. At the same time, the following dependencies are asserted: 1) the mechanism of criminal activity in the economic sphere depends on the environment of functioning; 2) the investigation methodology depends on the structure and content of the forensic characteristics of an economic crime.

scholarly journals THEORETICAL AND LEGAL CHARACTERISTICS OF ECONOMIC CRIMES OF A TRANSNATIONAL NATURE

2021 ◽  
Vol 7 (1) ◽  
pp. 93-101
Author(s):  
Vadym Popko ◽  
Yevgen Popko
Keyword(s):  
International Cooperation ◽  
Social Relations ◽  
International Crime ◽  
Legal Regulation ◽  
Economic Crime ◽  
Theoretical Research ◽  
Modern World ◽  
Main Category ◽  
Economic Sphere ◽  
Economic Crimes

The article examines the theoretical and legal foundations of economic crimes of a transnational nature formed under the influence of globalisation processes in the world, the growth of international crime and other factors. The author provides a conceptual description of transnational crime as the main category of transnational criminal law, including economic crimes. Scientific views of domestic and foreign scientists on the nature of crimes of an international nature, including criminal acts in the economic sphere are analysed; the most dangerous and widespread economic crimes are characterised. Attention is paid to the legal regulation of these relations, universal and regional conventions, other sources. The authors justify the need to criminalise transnational economic crimes in national law, regardless of whether a particular state is a party to international conventions adopted by international organisations. The authors pay special attention to the characteristics of the subjects of the crime and reveals the debatable nature of their definition, in particular, analyse the problematic nature of the recognition of a legal entity as a subject of crime. The authors use a conceptual approach to clarifying the subject of study, which determines the reasonability of theoretical research, and modern principles of scientific methodology: the principle of scientific pluralism, impartiality, comprehensiveness of research, historicism, complexity and others. A modern requirement in the methodology of science is the rejection of methodological monism, which has long been dominant in theoretical and historical studies of social (including legal) phenomena and the rejection of the ideology of scientific knowledge, which provides an objective, unbiased attitude to any legal phenomena, legal systems, etc. The purpose of the article is to provide theoretical and legal characteristics of international crime in the economic sphere, identify the transnational nature of these crimes, clarify the state of legal regulation of these relations at the international level, as well as international cooperation to combat these crimes. Based on the study and theoretical generalisation of the research topic, the authors emphasise the following conclusions: modern world problems are global in nature; economic crime transcends borders and becomes international; economic crimes of a transnational nature are recognised as socially dangerous acts that encroach on the system of social relations in the field of financial and credit, investment, information, trade, etc. activities, and have a transnational nature, i.e. go beyond one state; countering economic crimes of a transnational nature is within the internal competence of states, but international cooperation in this area also has an objective basis; the legal basis of international cooperation of states are international legal anti-criminal conventions, which define the criminal acts and obligations of states to criminalise economic crimes and provide legal assistance in criminal proceedings, in particular in extradition and transfer of accused and convicted persons, disposal of confiscated property, joint investigation and other issues.

ECONOMIC CRIME IN RUSSIA: MAIN TRENDS AND FACTORS

2020 ◽  
Vol 10 (8) ◽  
pp. 1726-1740
Author(s):  
E.G. Moskaleva ◽  
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Criminal Code ◽  
Economic Crime ◽  
Modern World ◽  
Russian Economy ◽  
Irreparable Harm ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Crimes

The article presents the results of studying the level of crime in the economic sphere in the country on the basis of official statistical information from Rosstat and the General Prosecutor’s Office of the Russian Federation. Economic crimes are difficult enough to detect, and the scale of latent economic crime is very large. In addition, the complexity of research in this area is due to the lack of precisely defined and unambiguously interpreted terms: “crimes in economic sphere”, “economic crimes”, “crime in economic field” or “crimes in the field of economic activity”. Summarizing the experience of theoretical and empirical research in this area, the author identifies three approaches to the interpretation of the concept of “economic crime”: legislative (based on the provisions of the Criminal Code of the Russian Federation), departmental and research. The consequences of economic crimes inflict irreparable harm on economic entities, society, the state as a whole, and undermine national security. The systematization of statistical data and the research carried out over a long period of time made it possible to identify the main trends in the situation from the standpoint of criminalization and decriminalization of the Russian economy, as well as to identify regions with an increased level of economic crime. The criminological analysis of crime in the sphere of economic activity has shown that there is an increase in negative trends, and with the development of the economy, it is necessary to strengthen activities to suppress economic crime. The statistical analysis of empirical data and monographic analysis made it possible to determine the most effective, in the author’s opinion, directions of combating economic crime in the modern world.

scholarly journals Problems of counteraction to economic crimes in modern conditions

2020 ◽  
Vol 13 (1) ◽  
pp. 108-117 ◽  
Author(s):  
M . M. Begichev ◽  
A. V. Vlasov
Keyword(s):  
Law Enforcement ◽  
Digital Technologies ◽  
The State ◽  
Economic Crime ◽  
Third Party ◽  
Ancient Rome ◽  
Economic Sphere ◽  
Economic Crimes

The Development of economic crime occurred in Russia in the «dashing 90s», at the same time the first economic crimes are known in the era of ancient Rome and Egypt, and each era is somehow connected with new economic crimes that have their own characteristics and specificity. The problem of preventing crimes in the economic sphere is complex, requiring all third-party study in a specific period of time and countering them depends directly on the mechanisms that are currently in the state and law enforcement agencies.The article analyzes the peculiarity of the use of digital technologies aimed at combating economic crime.

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 Economic Crimes as an Evaluation Indicator of the State of Economic Security of the Russian Federation

2020 ◽  
pp. 76-86
Author(s):  
Yuri Naydenyshev ◽  
Anna Sidorova
Keyword(s):  
Russian Federation ◽  
Criminal Activity ◽  
Well Being ◽  
Economic Security ◽  
The State ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Crime Types ◽  
The Government ◽  
High Level

Economic security is an important system-forming element of the country of laws and the well-being of the population. The negative phenomenon of crime has a significant impact on all processes taking place in the socioeconomic sphere. The purpose of the study is to determine the degree of influence of criminal activity in the economic sphere of society on the state of economic security of the Russian Federation and the southern regions of the country in particular. The study is devoted to the search of ways to prevent crimes in the economic sphere, as well as ways to improve the investigation methodology. The methodological basis of the study is presented by the methods of formal logic (analysis, synthesis and analogy), general scientific (comparison), and specific methods of cognition (statistical method, typology method). As a result of the structural analysis of the state of economic and corruption crime in the Russian Federation and Krasnodar Krai in particular, the specific vectors of its influence on the living standards of the population and accordingly on the economic situation in the country have been determined. The trend in recent years, on the one hand, is characterized by positive dynamics in the form of a decrease in the total number of committed crimes. On the other hand, the proportion of economic and corruption crimes in the structure of the total number of officially registered crimes in Russia is characterized by growth. In addition, the damage caused by crime types under analysis also grows annually. This negative trend of illegal acts in the economic sphere damages the entire organizational and managerial activity of the government and negatively affects the state of national business. On the basis of the results of the study, specific measures which prevent economic and corruption crimes are proposed, the use of which will help to achieve the necessary level of economic security of Russia as a country with a well-developed infrastructure and an attractive socio-economic climate. Besides, the use of these measures will contribute to the normal functioning of the government machine and achievement of a high level and standard of living of the population.

scholarly journals Algorithms for countering economic crimes and assessing the level of threats to economic security in the context of strategic management

2020 ◽  
Vol 81 (4) ◽  
pp. 280-290
Author(s):  
S. P. Khrustaleva ◽  
K. S. Krivyakin ◽  
M. S. Lutsenko ◽  
O. O. Shendrikova
Keyword(s):  
Economic Activity ◽  
Internal Audit ◽  
Economic Security ◽  
The State ◽  
Economic Crime ◽  
Industrial Enterprises ◽  
Four Levels ◽  
Business Entities ◽  
Functional Components ◽  
Economic Crimes

Crimes in the field of economic activity have become so common in society that crime in the economy has become the norm in the behavior of business entities. Economic crime in Russia at the present stage has reached such a scale that it really threatens the national security of the state. All this requires a detailed study of the individual elements of a crime in the sphere of economic activity and determination of methods for preventing economic crimes. Ensuring the economic rule of law is a guarantee of ensuring the economic security of the state in the future. Economic crimes committed at enterprises of various patterns of ownership are considered. The main type of economic crime is the misappropriation of assets (property), bribery and corruption are in second place, and finally, the third type of common economic crime in 2019 is procurement fraud. The amount of damage from economic crimes in large enterprises ranges from 100 thousand to 1 million US dollars. The main tools for detecting economic crimes in Russia are: the activities of the internal audit and economic security services; information technology protection and financial security of the enterprise; reporting suspicious transactions; the activities of the enterprise to manage the risks of losses from fraud. It is proposed to identify four levels of economic security of the enterprise: critical, low, medium and high. The optimality of the processes for managing economic and information security of PJSC VASO was assessed, which made it possible to single out the main functional components of the overall security of industrial enterprises. A comprehensive assessment of the level of economic threats of PJSC “VASO” as of 2019 was carried out.

International cooperation in the investigation of economic crimes related to cryptocurrency circulation

2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Oleh Kreminskyi ◽  
Olena Kuzmenko ◽  
Anastasiia Antoniuk ◽  
Olha Smahlo
Keyword(s):  
International Cooperation ◽  
Money Laundering ◽  
Task Force ◽  
Criminal Activity ◽  
International Community ◽  
Economic Crime ◽  
Global Level ◽  
Financial Action Task ◽  
Illegal Activities ◽  
Economic Crimes

The cross-border nature of transactions with virtual currencies and the use of anonymity technologies exacerbates the difficulties in investigating economic crimes. The purpose of the article was to study the effects of international cooperation in the investigation of economic crimes related to the circulation of cryptocurrency. The research methodology is based on the method of content analysis of reports, recommendations and standards of the FATF (Financial Action Task Force) for 2012-2020, as a leading international organization for the prevention and development of policies for the regulation of economic crimes related to the circulation of cryptocurrencies. The results demonstrate the following effects of international cooperation in the investigation of economic crimes related to cryptocurrency: 1) the need to use a risk-oriented approach of the international community at the global level, coordination of government efforts to prevent economic crimes; 2) formation of a network of organizations that provides an effective balance between existing threats and opportunities for cryptocurrency circulation; 3) the development of free, decentralized management networks at the global level, which is an innovative and effective way to combat criminal activity, compared to traditional centralized forms of coercion in an era of rapid and unpredictable technological change. The considered experience of the absence of regulatory acts of cryptocurrency circulation and taxation of virtual assets on the principle of traditional assets indicates the absence of concern about illegal activities and possible economic crimes in this area. At the same time, decentralized and quasi-autonomous virtual assets could potentially threaten years of global anti-money laundering efforts. There is a “race” in the international community for leadership in combating economic crime. However, such efforts to establish legitimate jurisdictions that meet the requirements of the AML (Anti-Money Laundering) provide few measures in practice to counter and limit the opportunities for money laundering in other jurisdictions.

CONCEPTUAL APPROACHES TO ENSURING ECONOMIC SECURITY OF THE OIL AND GAS COMPLEX IN THE CONDITIONS OF DIGITAL ECONOMY

2020 ◽  
Vol 13 (3) ◽  
pp. 165-173
Author(s):  
T.I. Lomachenko ◽  
Keyword(s):  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Economic Security ◽  
Digital Economy ◽  
The State ◽  
Economic Crime ◽  
Legal Entity ◽  
Economic Concept ◽  
State Of The Economy ◽  
Economic Crimes

The financial and economic crisis caused by the coronavirus pandemic provokes not only unconventional situations in society, but also actively affects the state of economic crime. The criminal situation in the oil and gas complex is directly related to the current state of the economy and digitalization of its processes, a set of conditions and factors responsible for its stability, sustainability and progressiveness of the digital economy. It is not enough to assess the economic criminality of the oil and gas complex only by the number of revealed crimes; therefore, it is necessary to implement an effective economic concept of society and economic security of a particular enterprise, legal entity and individual, which will allow to change the entire cause-and-factor complex causing economic criminality. The article reveals the specific features of the oil and gas complex that contribute to the commission of economic crimes. A classification of factors contributing to the commission of economic crimes is proposed, in which the socio-economic and specific factors of the oil and gas industry are consistently considered, and their characteristics with the growth of economic crimes are given. The scientific novelty of the research consists in the development of the model of preventive measures to ensure economic security at macro-, meso– and micro levels of market economy in the conditions of digitalization. The cause-and-factor complex of economic crimes is considered taking into account the following blocks: political and legal, socio-economic, sectoral, organizational and technological, which are interconnected and actively affect the level of economic crimes. As a result, the main measures to counteract economic crimes are proposed, taking into account the purposeful influence of society, specific enterprise, legal entity and individual on the causes and conditions of ensuring economic security of the state.

Integration of e-Government Bases as a Means for Ensuring Economic (Tax) and Information Security

2020 ◽  
Vol 9 (3) ◽  
pp. 1039
Author(s):  
Bagdat T. SEITOV ◽  
Medet S. ZARKENOV ◽  
Nazarbek Sh. ZHEMPIISSOV ◽  
Oleg B. KHUSSAINOV ◽  
Dauren P. UTEPOV
Keyword(s):  
Public Procurement ◽  
Integrated Approach ◽  
Electronic System ◽  
Economic Security ◽  
Economic Crime ◽  
Electronic Systems ◽  
Property Relations ◽  
Legal Method ◽  
Initial Stage ◽  
Qualitative Characteristics

In this article, on the basis of an integrated approach, a comparative legal method of cognition, it is proposed to integrate the bases of electronic governments to improve measures to effectively counter economic crime and ensure economic security. Given the global progress in dynamically developing market and civil property relations, in the context of the digitalisation of the economy, the methods of committing many crimes are evolving, their qualitative characteristics and methods of commission are changing. According to the authors, the information model of the integration of electronic systems of tax and other state bodies into a single electronic system will successfully prevent and combat crimes in the field of IT-technologies at the initial stage of using information systems. In the future, the integration of electronic ‘Governments for citizens’ of different countries available for use by citizens and organisations in the field of taxes, public procurement, etc. into a single system will significantly increase information and economic security at the global level.

scholarly journals Features of proving economic crimes

1970 ◽  
pp. 324-328
Author(s):  
Tetiana Chasova
Keyword(s):  
Law Enforcement ◽  
Criminal Activity ◽  
Economic Crime ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
Criminal Intent ◽  
Evaluation Of Evidence ◽  
Economic Crimes ◽  
Investigation Process

Scientific interest in the problem of proving criminal proceedings for economic crimes is caused by the urgent need to close loopholes of legislation in this area. Investigating the peculiarities of the evidence will increase the efficiency of the officers conducting the pre-trial investigation, bring those responsible to justice and recover damages. The process of investigating economic crimes can be complicated by the following problems: a crime may be committed not by one person but by several persons, since the nature of economic crimes by its nature must have a well-thought-out plan of action; mandatory presence of intellectual element of the act; There may be several episodes of criminal activity. Persons committing economic crimes have the power of authority while in office and in the performance of their functional responsibilities. At present, there is an urgent need to improve the system of investigation of economic crimes. Investigation of economic crimes is a priority of law enforcement agencies. In order to increase the effectiveness of pre-trial investigation and to prevent errors in proving such a category of cases, it is necessary to pay attention to the specifics of the investigation process. Evidence of economic crime consists in the collection, recording, verification and evaluation of evidence at the pre-trial stage of criminal proceedings. The process of proving economic crimes has its own peculiarities: the procedure for gathering evidence; specific type of documents of financial and economic activity; establishment of a criminal intent of a person; tracking cash flow. Economic crime investigation is a complex step-by-step procedural mechanism for bringing persons to justice, fulfilling the main tasks of criminal procedure law. During the investigation of economic crimes, the following procedural steps are taken to gather evidence: investigative (investigative) actions and unspoken investigative (investigative) actions, temporary access to things and documents, expertise and other actions aimed at establishing the truth in criminal proceedings.

Sign in / Sign up

Export Citation Format

Share Document