scholarly journals Problems of Defining the Category «Countering Crime» in Modern Criminology

2020 ◽  
pp. 169-177
Author(s):  
Marina MOROZ
Keyword(s):  
Crime Prevention ◽  
Preventive Measures ◽  
State Power ◽  
Current Situation ◽  
The State ◽  
Effective Response ◽  
Logical Approach ◽  
Criminal Offenses ◽  
Scientific Dialogue ◽  
Definition Of

The article is devoted to the analysis of the criminological concept of «countering crime». The difficulties of unification of such a concept in both Ukrainian and foreign criminology are pointed out. It is noted that the current situation regarding the unification of the concept of «countering crime», complicates the scientific dialogue about development of effective counteraction mechanisms of crime. In order to establish the main criteria this can help in clarifying the essence of the term of «countering crime», a review of the main scientific views on the concept of countering crime in the works of both Ukrainian and foreign authors, as well as scientists who studied issues of countering crime and related phenomena. It is established that different authors take different approaches in determining the scope of the concept of «countering crime». The main approaches can be divided into 2 groups. According to the first approach, scientists believe the scope of the concept of «countering crime» includes preventive measures, which are aimed at preventing criminal acts. According to the second approach, the authors propose the concept of «countering crime» perceived as a set of measures reactions to crimes, including those, which were stopped at the stage of preparation or attempt. After analyzing the arguments, we came to the conclusion: the most logical approach is inclusion in the scope of the concept of «countering crime» both preventive measures (in terms used, for example — «crime prevention», «elimination of determinants of crime» etc.) and termination measures of started crimes, application of measures to respond to crime («repressive influence by the state power», «criminal-legal measures of reaction» and some others). Based on the obtained conclusion we have proposed our own definition of «countering crime». It is suggested to determine a «countering crime» as a system of measures taken by authorized entities, which are aimed at eliminating determinants individual types of crime and crime in general and implementation of an effective response to already committed criminal offenses any types of crime.

Forms of prevention of illegal migration by the State Border Service of Ukraine

2021 ◽  
pp. 79-87
Author(s):  
A. Mota
Keyword(s):  
Crime Prevention ◽  
System Analysis ◽  
Preventive Measures ◽  
Research Work ◽  
The State ◽  
Educational Process ◽  
Illegal Migration ◽  
Definition Of ◽  
The Impact ◽  
Operational Service

Purpose. The purpose of the work is to analyze the theoretical and regulatory provisions relating to the definition of forms of preventive action to combat illegal migration and used in the protection of the state border. Methodology. The method covers the application of general theoretical and special methods of scientific knowledge aimed at processing the conclusions of the study. The dialectical method, system analysis, classification and grouping methods, as well as the sociological method are used in the work. Results. The use of the most appropriate and lawful preventive measures is associated with the definition of a scientifically sound system of crime prevention, detailed structural characteristics of which in the activities of the State Border Guard Service of Ukraine to combat illegal migration are covered by two main blocks: procedural and operational. The procedural block concentrates such forms as operative-search activity, proceedings in cases of administrative offenses, proceedings on the application of forced return, forced expulsion and readmission of foreigners or stateless persons. The operational-service block covers the following forms: border service, border control, operational-search and information-analytical activity, engineering-technical control, complex preventive measures (operations). Scientific novelty. According to the results of the research, the system of forms of crime prevention in the activity of the State Border Guard Service of Ukraine on counteraction to illegal migration is substantiated, which envisages procedural and operational-service blocks. Forms of the procedural block of prevention of illegal migration are characterized by the impact on the offense, which has a preventive value, as well as the focus on the restoration of the disturbed state. Operational and official forms of prevention of illegal migration are designed to prevent offenses, as well as their detection to ensure an appropriate procedural response. Practical significance. The results of the research can be used in research work for further study of general and special issues of improving the fight against illegal migration, in the field of lawmaking - to improve the current administrative and migration legislation of Ukraine, in the educational process during the organization of educational activities and teaching administrative law. cycle, in law enforcement - to increase the efficiency of bodies and units of state border protection.

scholarly journals Public Administration as One of the Forms for Exercising State Power

2021 ◽  
Vol 9 (2) ◽  
pp. 279-290
Author(s):  
Svitlana Hryhorivna Serohina ◽  
Olena Mykolayivna Mykolenko ◽  
Vadym Seliukov ◽  
Oleksii Lialiuk
Keyword(s):  
Public Administration ◽  
State Power ◽  
Developed Countries ◽  
The State ◽  
State System ◽  
Structural Elements ◽  
Effective Activity ◽  
State And Local ◽  
Definition Of

The problematic issues related to the definition of public administration as one of the forms of exercising state power are considered. The level of how the quality of public administration processes affects the functioning of the state system and its key mechanisms is analyzed. An important emphasis is placed on the fact that the most useful of the successful practices of public administration in developed countries can be adopted for the state system of Ukraine. Modern problems and ways of their effective solution at different levels of state and local administration are actualized. The analysis of the basic structural elements of qualitative public administration, the level of their influence on processes of realization of the state-power powers within functioning of the state system is offered. For example, it explains whether transparency and impartiality do have a significant impact on the efficiency of public administration. The efficiency (effectiveness) of various, "non-traditional" ways and means of realization of public-administrative activity is established. The conclusions of both leading scholars are analyzed, and the author's assessment of the extent to which the adoption of strategies and tactics of management activities borrowed from other areas of socially useful activity are useful for the field of public administration. First of all, this applies to the sphere of private business. After all, the analyzed experience of developed countries proves that Ukraine can borrow a lot of useful solutions and practical effective tools from private industries.Keywords: Public Administration; State Power; Public Administration; Effective Activity Administrasi Negara Sebagai Salah Satu Bentuk Penyelenggaraan Kekuasaan Negara AbstrakIsu-isu problematik terkait dengan definisi administrasi publik sebagai salah satu bentuk pelaksanaan kekuasaan negara yang patut dipertimbangkan. Tingkat bagaimana kualitas proses administrasi publik mempengaruhi fungsi sistem negara dan mekanisme kuncinya dianalisis. Penekanan penting ditempatkan pada fakta bahwa praktik administrasi publik yang paling berguna dan yang berhasil di negara maju dapat diadopsi untuk sistem negara Ukraina. Masalah modern dan cara penyelesaiannya yang efektif di berbagai tingkat administrasi negara bagian dan lokal diaktualisasikan. Analisis elemen-elemen struktural dasar administrasi publik kualitatif, tingkat pengaruhnya terhadap proses realisasi kekuatan-kekuatan negara dalam fungsi sistem negara ditawarkan. Misalnya, menjelaskan apakah transparansi dan ketidakberpihakan memang memiliki dampak signifikan terhadap efisiensi administrasi publik. Efisiensi (efektivitas) dari berbagai, "non-tradisional" cara dan sarana realisasi kegiatan administrasi publik didirikan. Kesimpulan dari kedua cendekiawan terkemuka dianalisis, dan penilaian penulis tentang sejauh mana penerapan strategi dan taktik kegiatan manajemen yang dipinjam dari bidang lain dari kegiatan yang bermanfaat secara sosial berguna untuk bidang administrasi publik. Pertama-tama, ini berlaku untuk bidang bisnis swasta. Bagaimanapun, pengalaman yang dianalisis dari negara-negara maju membuktikan bahwa Ukraina dapat meminjam banyak solusi yang berguna dan alat praktis yang efektif dari industri swasta.Kata kunci: Administrasi Publik; Kekuasaan Negara; Ilmu Pemerintahan; Aktivitas Efektif Государственное управление как одна из форм осуществления государственной власти Аннотация В статье рассматриваются проблемные вопросы, связанные с определением публичного администрирования как одной из форм реализации государственной власти. Проанализирован уровень влияния качества процессов государственного управления на функционирование государственной системы и ее ключевых механизмов. Важный акцент делается на том, что именно полезного из успешных практик функционирования публичного администрирования в развитых странах можно перенять для государственной системы Украины. Актуализируются современные проблемы и пути их эффективного решения на разных уровнях государственного и местного управления. Предлагается анализ основных структурных элементов качественного публичного администрирования, уровень их влияния на процессы реализации государственно-властных полномочий в пределах функционирования государственной системы. Например, объясняется, действительно ли прозрачность и беспристрастность оказывают значительное влияние на эффективность публичного администрирования. Устанавливается эффективность (действенность) различных, «нетрадиционных» способов и средств реализации публично-административной деятельности. Анализируются выводы как ведущих ученых, так и предлагается авторская оценка того, в какой степени для сферы публичного администрирования полезно заимствование стратегий и тактик осуществления управленческой деятельности. Прежде всего это касается сферы частного бизнеса, поскольку опыт развитых стран доказывает, что Украина может позаимствовать немало полезных решений и практически эффективных инструментариев именно из частных отраслей.Ключевые слова: Публичное Администрирование; Государственная Власть; Общественное Управление; Государственная Система

scholarly journals SOME LEGISLATIVE STEPS TO INCREASE THE EFFICIENCY OF THE IMPLEMENTATION OF THE CRIMINOLOGICAL POLICY OF THE STATE IN THE ACTIVITIES OF CERTAIN BODIES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 23-30
Author(s):  
Н. С. Сидоренко
Keyword(s):  
Criminal Justice ◽  
Crime Prevention ◽  
Criminal Procedure ◽  
The State ◽  
Security Service ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Law ◽  
National Police

The relevance of the article is that to obtain the status of mandatory for implementation, these conceptual provisions must be enshrined in the relevant regulations. Therefore, in order to increase the effectiveness of the criminological policy of the state in the activities of individual bodies of criminal justice, it is necessary to search for ways to improve the legislative mechanism of its implementation. The purpose of the article is to find legislative steps to improve the implementation of criminological policy of the state in the activities of individual bodies of criminal justice. Some legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. The search for legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. It is concluded that in the current CPC of Ukraine there are no direct rules authorizing the criminal justice authorities to prevent activities. First of all, it concerns the identification of the causes and conditions that contribute to the commission of criminal offenses and the taking of measures within their competence to eliminate them. That is, investigators and investigators have the power to identify and eliminate the causes and conditions of crime, according to the Law of Ukraine "On the National Police", and the mechanism for exercising this power, which should be contained in the CPC of Ukraine, is absent. To increase the effectiveness of the implementation of criminological policy of the state it is advisable, in particular: in Article 1, Part 2 of Article 9, para. 3 part 1 of Art. 22 of the Law of Ukraine "On the National Police" to replace the phrase "combating crime" with "crime prevention". In addition, in Article 2 of the same Law, one of the tasks of the police, instead of "combating crime", it is desirable to define "crime prevention"; The Law of Ukraine “On the Security Service of Ukraine” should be supplemented with guarantees regarding non-interference in the activities of SBU employees as follows: “Any written or oral instructions, requirements, instructions, etc. addressed to the Security Service of Ukraine or its employees proceedings and not provided for by the Criminal Procedure Code of Ukraine, are illegal and not enforceable. In case of receiving such instructions, requirements, instructions, etc., the employee of the Security Service of Ukraine shall immediately inform the head of the Security Service of Ukraine in writing".

scholarly journals Electronic payment system as an object of criminal encroachment

2021 ◽  
pp. 515-522
Author(s):  
Oleksandr Vasylenko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Payment System ◽  
The State ◽  
Electronic Payment ◽  
Electronic Payments ◽  
Criminal Offenses ◽  
Definition Of ◽  
Electronic Payment System ◽  
Legal Entities

Introduction. In recent years, the number of payment transactions carried out using electronic payment systems has grown rapidly. Despite the steady growth of electronic payments among both individuals and legal entities, a number of problems remain unresolved, which primarily include ensuring the security of electronic payment transactions by the state at the legislative level and the development of effective means of combating and preventing crime. in the specified area. The current criminal legislation contains certain rules that can ensure the security of the electronic payment system. But insufficient research of some theoretical aspects of criminal liability for this type of criminal offenses significantly reduces the effectiveness of criminal law protection of this area of life. One such aspect is the theoretical uncertainty of the object that falls under the protection of criminal law. In particular, there is a lack of theoretical definition of the system of electronic payments in terms of the object, which is placed under the protection of criminal law. The aim of the article. The importance of the researched problems and the need to increase the efficiency of the current Criminal Code of Ukraine determine the purpose of this study, which is to define the concept of electronic payment system as an object of criminal protection. Results. Criminal offenses committed in the system of electronic payments belong to a qualitatively new type of mercenary crime in the banking sector, which is directly related to the modernization of economic relations in society. They cover the sphere of economic interests of the state as a whole, individual legal entities, as well as individuals who use the electronic payment system in their own interests. There is a need to develop a universal criminal law terminology in order to improve the regulatory framework governing relations in the field of electronic payments. Unfortunately, the definition of electronic payment system (electronic payment system) has not been properly developed either in the financial and economic sphere or in jurisprudence, and the existing definitions are not clear and contain a list of essential features of such systems. Conclusions. The system of electronic payments as an object of criminal encroachment - is regulated by law the order of public relations for the transfer of funds between participants in the payment system through a special payment mechanism, which is a set of methods, tools, methods to make calculations for effective and safe transfer of funds from the payer to the recipient in time and space and regulated by a special law and payment rules, are implemented on the basis of the contract against which the criminal encroachment is directed. This definition indicates the specifics of the electronic payment system as an object of crime, and also contains a list of all the most important features of this system, which will further contribute to the correct classification of crimes committed in this area.

scholarly journals Organized cybercrime in Ukraine: problems of formation of official statistics and its analysis

2021 ◽  
pp. 193-201
Author(s):  
O. TARAN ◽  
V. GAVLOVSKY
Keyword(s):  
Criminal Organization ◽  
Criminal Code ◽  
The State ◽  
Official Statistics ◽  
Criminal Offenses ◽  
Judicial Administration ◽  
Illegal Acts ◽  
Definition Of ◽  
National Police ◽  
First Time

The article analyzes the types, forms and content of statistical reporting that reflects the state and structure of cybercrime in Ukraine. Ways to interpret statistical information and to use its capabilities in preventing and combating cybercrime are identified. The shortcomings of the structure of official statistical data, namely unsystematic character, inconsistency and incoherence of their formation, are generalized and revealed. It is noted that the national and international legislation lacks a generally accepted definition of cybercrime so far, and therefore a single approach to defining the grounds for classifying illegal acts as such crimes. The reports were developed without considering further analysis of cybercrime. And while the report of the National Police of Ukraine contains data on a number of criminal offenses that can be attributed to cybercrime, the official statistical reports prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, except for Chapter XVI of the Criminal Code, are missing the mentioned data. Therefore, official statistics, which fully and accurately reflect the state and structure of cybercrime cannot be introduced today. It is possible to analyze only the dynamics of this type of crime, the structure of crime on the basis of recorded crimes. The number of criminal offenses under the articles of chap. XVI of the Criminal Code of Ukraine, is growing unevenly, and this growth in the last 4 years is insignificant. The share of these criminal offenses is growing more dynamically. But their share of the total crime rate in Ukraine today is insignificant and is less than one percent - in 2020 0.69. In the first quarter of 2021, employees of cyber police units of the National Police of Ukraine, for the first time detected 4 criminal offenses under Art. 255 of the Criminal Code of Ukraine (“Creation of a criminal organization”). During 2013 –2010, 112 persons were found to have committed criminal offenses of this category as part of a group, 16 of them as part of an organized group. Also during this period, 171 persons who committed criminal offenses in the group in previous years were identified, including 68 in the organized group. The number of convicted persons who committed criminal offenses in the group during this period is 64, 9 of them committed crimes in an organized group.

scholarly journals APPLICATION OF RESEARCH METHODS FOR THE PREVENTION OF CRIMINAL OFFENSES IN CRIMINAL-EXECUTIVE INSTITUTIONS

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 31-39
Author(s):  
Я. В. Стрелюк
Keyword(s):  
Research Methods ◽  
System Analysis ◽  
The State ◽  
Necessary Condition ◽  
Scientific Methods ◽  
Legal Method ◽  
Criminal Offenses ◽  
Scientific Analysis ◽  
Expert Assessments ◽  
Definition Of

The article analyzes scientific approaches to the definition of research methods for the prevention of criminal offenses in criminal-executive institutions. Methods of knowledge are important for the chosen research methodology, and they are means of revealing, deploying and systematizing the content of the subject of research on the prevention of criminal offenses in criminal-executive institutions. It has been established that recently scientists in their research have not only begun to create their own methodological tools, but have subjected it to scientific analysis, which positively affects the final result of the study. However, in such cases, young scientists often reduce it to a traditional list of general scientific methods of cognition, since they are universal and are used in any cognitive process. It is determined that the necessary condition for the application of the historical and legal method is the observance of the principle of unity of historical and logical, which consists in the logic of the study of the prevention of criminal offenses in criminal-executive institutions; discloses the historical recurrence of its phenomena and processes, their general principles of development, regardless of the specific forms in which they are expressed. It was noted that when applying the comparative legal method in the study of the prevention of criminal offenses in criminal-executive institutions, the goal should not be to fully implement foreign experience, since such borrowing is possible only considering the specifics of the functioning of the State criminal-executive service of Ukraine. The most common sociological methods for knowing and assessing the level of criminal offenses committed in criminal-executive institutions are the method of interviewing convicts and staff and the method of expert assessments. These methods are the most universal for identifying the causes and conditions of criminal offences in criminal-executive institutions. It has been established that the choice of a research method depends on many factors, but its basis is mandatory methods: dialectical; comparative legal, historical; historical and legal, sociological and dogmatic. To a lesser extent, scientists use methods such as: the method of structural-system analysis; formal legal; statistical; formal-logical; a systemic-structural and systematic method. The methods and tools of scientific analysis of criminal offences committed in criminal-executive institutions by both convicts and staff allow the State Prison Service to develop comprehensive scientifically based measures to prevent them.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

Implications

2017 ◽  
Author(s):  
Karl Widerquist ◽  
Grant S. McCall
Keyword(s):  
Property Rights ◽  
The State ◽  
Natural Property ◽  
Government Failure ◽  
State Of Nature ◽  
Best Response ◽  
Lockean Proviso ◽  
Definition Of ◽  
Taking Action ◽  
Disadvantaged People

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.

Sign in / Sign up

Export Citation Format

Share Document