scholarly journals HISTORICAL AND LEGAL GENESIS OF PREVENTION OF CORRUPTION AND SETTLEMENT OF CONFLICT OF INTERESTS OF LABOR-LEGAL MEASURES

Social Law ◽  
2019 ◽  
Author(s):  
S. Boyko
Keyword(s):  
Conflicts Of Interest ◽  
Labor Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Standards ◽  
Practical Implementation ◽  
Conflict Of Interests ◽  
The Law ◽  
International Instruments ◽  
Historical Periods

The article explores the historical and legal genesis of the prevention of corruption and the resolution of conflicts of interest through labor and legal measures, since Ukraine's independence. The basic normative legal acts regulating labor and legal measures for prevention of corruption and settlement of conflict of interests in different historical periods are analyzed. The factors that determine the long-lasting historical and legal genesis of preventing corruption and resolving conflicts of interest are identified through labor-law measures. It was noted that in the first years of Ukraine's independence, the main documents regulating the fight against corruption were the Soviet Criminal Code and the Code of Administrative Offenses, as amended. It is rightly stated that international instruments-documents form the basis in the system of legal regulation of anti-corruption activity in Ukraine. However, as the author points out, it is not enough to ratify the basic international instruments, but more practical implementation of the principles and general principles defined in these acts is more necessary. In connection with the adoption by the Verkhovna Rada of Ukraine on May 14, 2013 of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Implementation of State Anti-Corruption Policy" stay contrary to the requirements of the Law of Ukraine "On Principles of Prevention and Combating Corruption" in direct submission to a close person is recognized as the basis for termination of an employment contract at the initiative of the employer (paragraph 4 of Part 1 of Article 41 of the Labor Code of Ukraine). Thus, the anti-corruption legislation of Ukraine has been repeatedly amended in order to improve it and bring it in line with international standards. The author noted that the anti-corruption reform will receive a new impetus this fall after the start of the newly elected parliament, which will adopt, first of all, the anti-corruption strategy of the state, which society expects from 2017.

scholarly journals Problematic aspects of financial monitoring by specially designated subjects

2021 ◽  
pp. 9-12
Author(s):  
Serhii IVANYTSKYI
Keyword(s):  
Legal Regulation ◽  
Theoretical Research ◽  
Weapons Of Mass Destruction ◽  
Legal Person ◽  
Practical Implementation ◽  
Mass Destruction ◽  
Or Management ◽  
The Law ◽  
Financing Of Terrorism ◽  
Financial Monitoring

Introduction. The paper stated that in the new Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction”, the domestic legislator used a number of general formulations with a broad and vague content, which may complicate its practical implementation and necessitates the theoretical research of these issues within the framework of this paper. The purpose of the paper is to analyze the state of legal regulation of the implementation by certain specially defined subjects of primary financial monitoring of obligations to prevent and counteract the legalization (laundering) of proceeds from crime, the financing of terrorism and the proliferation of weapons of mass destruction, as well as to formulate recommendations for making appropriate changes to the legislation. Results. In paragraph 1 of part 1 of art. 10 of the Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction” does not disclose the content of the terminology turnover “creation, operation or management of legal persons”. Conclusion. In order to clarify the terminology in paragraph 1 of part 1 of article 10 of the Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction”, it is advisable to amend it by adding after the words “other similar legal entities” the words “including, performing the functions of a director or secretary of a legal person, its trustee/owner/manager, nominee shareholder/owner/holder”.

scholarly journals . Problems of legal regulation of combatinig terrorism and prevention of terrorist acts

2020 ◽  
Vol 2020 (2) ◽  
pp. 84-92
Author(s):  
Samofalov L.P. ◽  
◽  
Samofalov O.L. ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
European Convention ◽  
International Treaties ◽  
International Convention ◽  
Terrorist Financing ◽  
Terrorist Groups ◽  
The Law ◽  
Terrorist Acts

The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.

scholarly journals Historical and legal principles of formation of the system of legal regulation of document flow in Ukraine

2020 ◽  
pp. 178-183
Author(s):  
Viktor Sezonov
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Document Management ◽  
Office Work ◽  
Labor Legislation ◽  
Electronic Document Management ◽  
Document Flow ◽  
The Law ◽  
Object Of Study

The article emphasizes that information is of extraordinary value. It is stated that actions related to the circulation of informationrequire its material consolidation, and the document is considered as material consolidation of information. It is noted that the informationfixed on the material carrier becomes an information product, and the relations arising concerning creation, transfer (movement),storage, destruction of documents, ie relations within document circulation demand their legal regulation.The article presents the most important for science achievements of scientists who studied the document flow and analyzed thehistorical and legal aspects of its formation in Ukraine. It is noted that nowadays scientists pay little attention to the study of the docu -ment as a separate category, do not analyze existing definitions, do not pay attention to the characteristics of the document. It is establishedthat the issue of historical and legal bases of formation of the system of legal regulation of document circulation in Ukraine isconsidered fragmentarily and superficially. Arguments are made in favor of the fact that the document is a material carrier of information,an object created by man in a certain period of time; object of study of various scientific disciplines, the concept of “document”is ambiguous and depends on in what field and for what it is used; it is emphasized that office work plays an important role in the legalsphere.It is proved that today it is extremely important to improve the document management system. It is noted that the issues of creatingand working with personnel documents are partially regulated by labor legislation, financial and economic – the Commercial Codeof Ukraine, documents of the private legal sphere – the Civil Code of Ukraine, documents containing information about the crime – theCriminal Code of Ukraine, accounting documents – in laws Of Ukraine on accounting, documentation of citizens ‘appeals and organizationof work with these documents are detailed in the Law of Ukraine “On Citizens’ Appeals”. The procedure for working with confidentialdocuments that constitute a state secret is considered in the Law of Ukraine “On State Secrets”, the features of working withelectronic documents are disclosed in the laws of Ukraine “On electronic documents and electronic document management”, “On electronictrust services”, etc; emphasizes the need to develop domestic counterparts of international standards for working with documents;it is proposed to adopt special regulatory and administrative documentation that would regulate the implementation of managementactivities.

scholarly journals PECULIARITIES OF PENALTIES TO MINORs RELATED TO the LABOR ACTIVITY

2017 ◽  
Vol 21 (1) ◽  
pp. 184-190
Author(s):  
T. G. Lepina
Keyword(s):  
Higher Education ◽  
Community Service ◽  
Criminal Responsibility ◽  
Labor Law ◽  
Criminal Code ◽  
Service Work ◽  
The Law ◽  
A Minor ◽  
First Time ◽  
Maximum Retention

The article deals with the institution of compulsory work applied to minors, because at present this type of punishment attracts attention of scientists and practitioners. The advantage is that teenagers who commit crimes, which are of no great public danger, have a real opportunity to improve in case they are isolated from the society. However, there are also problems of applying punishment in the form of compulsory community service work to minors. The analysis of the norms of the criminal and labor law in the part of regulating the procedure for appointing the specified punishment in relation to minors was carried out. Some interdisciplinary mismatches in this area have been identified, and possible solutions have been proposed. The question of expediency of using deductions in the amount of 5 to 20% of wages is analyzed. The opinions of both supporters and opponents of such measures are given. Some researchers believe that this provision of the law does not correspond to the principles of humanism, the differentiation of criminal responsibility and punishment. They suggest setting a maximum retention threshold of 10%. Scientists also discuss duration of this measure of punishment. In addition, the author draws attention to the problem of applying compulsory community service work to minors who study at school or institution of higher education. The paper highlights the problem of changing the punishment in case of malicious evasion of compulsory or corrective service work. At present, they can be replaced only by imprisonment. However, part 6 of Art. 88 of the Criminal Code establishes a ban on the appointment of liberty deprivation to a minor convicted person who committed a crime of small or medium gravity for the first time at the age of sixteen, as well as to other juvenile convicts who committed crimes of minor gravity for the first time. Therefore, it is not always possible to replace the corresponding punishments for imprisonment even if a teenager refuses to perform compulsory or corrective service.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

One-time voluntary declaration in Ukraine

2021 ◽  
Author(s):  
Oksana Makuch
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Main Body ◽  
Tax Legislation ◽  
Tax Amnesty ◽  
Special Procedure ◽  
The Law ◽  
National Tax ◽  
Legal Mechanism

Problem setting. In recent years, law-making in Ukraine in the field of taxation has undergone significant changes. Such transformations are related to many factors, for example: (1) the need to bring national tax legislation in line with the provisions of international standards; (2) introduction of modern technologies into the sphere of tax and legal regulation; (3) actualization of the issue of filling the revenue parts of budgets in a pandemic, etc. Taking into account these and other factors, the state must implement appropriate measures, implement new legislation. Thus, one of the latest novelties of tax legislation is the introduction in accordance with the Law of Ukraine “On Amendments to the Tax Code of Ukraine and other laws of Ukraine to stimulate de-shadowing of incomes and increase tax culture of citizens by introducing one-time (special) voluntary declaration of assets and payment one-time collection to the budget ”(hereinafter – the Law № 1539) [11] voluntary tax declaration, which in fact provides for a tax amnesty. Analysis of recent researches and publications. It is significant that the institution of amnesty is not new to law, in particular, tax, and its research was carried out by such lawyers as: T.O. Belova, M. P. Kucheryavenko, I.V. Pivovarova, I. V. Prikhodko, V. O. Ryadinska, E. M. Smychok. At the same time, in modern conditions, the legal mechanism of its implementation has undergone appropriate transformations, which in turn necessitates an analysis of modern approaches to the definition and regulation of tax amnesty. Target of research is to analyze various aspects of the legal regulation of one-time (special) voluntary declaration as a mechanism of tax amnesty in Ukraine. Article’s main body. The article considers the legal regulation of one-time (special) voluntary tax declaration, reveals its legal mechanism and content characteristics. It is established that the signs of modern tax amnesty are: 1) special subject composition – only natural persons-taxpayers; 2) specific objects of declaration – assets of natural persons located on the territory of Ukraine and / or abroad, if they are received (acquired) by such natural person at the expense of income that was subject to taxation in Ukraine at the time of their accrual (receipt) which have not been paid or not paid in full taxes and fees, and / or which have not been declared in violation of tax and currency legislation; 3) voluntary – the taxpayer decides at his own discretion to use such legislative innovations or not; 4) temporal limitation (only from September 1, 2021 to September 1, 2022); 5) payment – the subject of declaring pays a fee to the budget for the use of special voluntary declaration, the amount of which is calculated taking into account specific rates; 6) a special procedure for submitting such a declaration. Conclusions and prospect of development. It is emphasized that it is too early to state the positive consequences of the introduction of such a mechanism (especially for the taxpayers). The necessity and expediency of building a tax system and a system of administration of taxes and fees with a high degree of trust in the state in the taxpayer are emphasized.

scholarly journals Ajaran Turut Serta Tindak Pidana Korupsi

2019 ◽  
Vol 3 (1) ◽  
pp. 35-52
Author(s):  
Harry Arfhan ◽  
Mohd. Din ◽  
Sulaiman Sulaiman
Keyword(s):  
Supreme Court ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Public ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
Banda Aceh

Penyertaan pada dasarnya diatur dalam pasal 55 dan 56 KUHP yang berarti bahwa ada dua orang atau lebih yang melakukan suatu tindak pidana atau dengan perkataan ada dua orangatau lebih mengambil bahagian untuk mewujudkan suatu tindak pidana. Penyertaan di dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi yaitu Undang-Undang Nomor 31 Tahun 1999 jo Undang-Undang Nomor 20 tahun 2001 disebut sebagai pembantuan.Dalam putusan Kasasi Mahkamah Agung Nomor : 1769 K/PID.SUS/2015 menyatakan bahwa Terdakwa I Indra Gunawan Bin Alm. Saleh tersebut tidak terbukti secara sah dan menyakinkan bersalah melakukan perbuatan sebagaimana yang didakwakan dalam semua dakwaan Penuntut Umum dan Menyatakan Terdakwa II Irfan Bin Husen telah terbukti secara sah dan meyakinkan bersalah melakukan tindak pidana “Turut Serta Melakukan Korupsi”. Majelis Hakim Judex Factie Pengadilan Tinggi/Tipikor Banda Aceh dalam memeriksa dan mengadili perkara Aquo telah salah dalam menerapkan hukum atau suatu peraturan hukum tidak diterapkan atau diterapkan tidak sebagaimana mestinya, yaitu mengenai penerapan hukum pembuktian sehingga harus dibatalkan oleh Mahkamah Agung Republik Indonesia.The participation is basically regulated in articles 55 and 56 of the Criminal Code, which means that there are two or more people who commit a crime or say that there are two or more people taking part to realize a crime. The participation in the Law on the Eradication of Corruption Crime namely Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 is referred to as assistance. In the decision of the Supreme Court Cassation Number: 1769 K / PID.SUS / 2015 stated that Defendant I Indra Gunawan Bin Alm. Saleh is not proven legally and convincingly guilty of committing an act as charged in all charges of the Public Prosecutor and Stating Defendant II Irfan Bin Husen has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Corruption". Judex Factie Judge of the High Court / Corruption Court in Banda Aceh in examining and adjudicating the case of Aquo has been wrong in applying the law or a legal regulation was not applied or applied improperly, namely regarding the application of verification law so that it must be canceled by the Supreme Court of the Republic of Indonesia.

scholarly journals Russian experience of using digital technologies and legal risks of AI

2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Legal Risks ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

scholarly journals The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

2019 ◽  
Vol 13 (2) ◽  
pp. 291-299
Author(s):  
Yekaterina Yakimova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Negative Results ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Law ◽  
Entrepreneurial Activities

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

scholarly journals Aggravating circumstances

2019 ◽  
Vol 13 (2) ◽  
pp. 153-161
Author(s):  
A. P. Kuznetsov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Soviet Period ◽  
Practical Implementation ◽  
Special Part ◽  
The Russian Federation ◽  
The Law ◽  
Preventive Role

In the article on the basis of the latest amendments made to the Criminal Code of the Russian Federation circumstances aggravating the punishment are investigated, attention is drawn to some controversial legal and technical decisions in their formulation. The criminal law on the strength of influence of certain circumstances on the chosen punishment is clearly not enough, which does not contribute to enhancing the preventive role of the law, the elimination of subjectivism and discord in practice. Most scientists and practitioners support the idea of specifying, emphasizing that it will be easier to apply the law, circumstances of the case will be visibly linked to the chosen measure of criminal law impact, the importance of references in sentences to data on the case will increase, the preventive role of criminal law will increase, the prerequisites for a uniform understanding will be strengthened and application of the Criminal Code. It was not by chance that in the Soviet period of development of the science of criminal law, a tendency emerged to single out: a) main and b) other mitigating and aggravating circumstances. Consequently it is necessary to take into account the whole range of issues relating to the practical implementation of the idea of legislative specification of the strength of influence of individual circumstances: the circle of circumstances, which it may concern; the extent to which such circumstances influence the punishment (including the expediency of specifying in the law how much the punishment increases or decreases, or what is the upper or lower new limit within which the court selects the punishment taking into account the “main” circumstance). According to Part 2 of Art. 63 of the Criminal Code of the Russian Federation if the aggravating circumstances are provided for by the relevant article of the Special Part as a sign of a crime, it in itself cannot be re-taken into account when imposing a punishment. In the criminal law doctrine an exhaustive (closed) list of aggravating circumstances has not been approved by scientists, who believe that this method does not take into account changes in the sphere of public life to a certain extent.

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