scholarly journals Some legal issues of counteraction to the functioning of conversion centers

Legal Ukraine ◽  
2019 ◽  
pp. 31-35
Author(s):  
Alice Osadko
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Real Economy ◽  
Criminal Organizations ◽  
Legislative Changes ◽  
Set Up ◽  
Financial Transactions ◽  
National Police ◽  
Economic Crimes ◽  
Cover Up

This article describes conversion centers, examines the specific issues of counteracting their operations as one of the most effective mechanisms for shading money out of the real economy, and identifies some of the weaknesses that exist in eliminating these centers, and suggests ways to address them. Due to the political and legislative changes that are taking place in our country, the authorities' desire to stabilize the country's anti-corruption economy, and unlawful mechanisms in this field are undergoing significant changes. Yes, criminal organizations have recently been set up in Ukraine, existing as large conversion centers designed to cover up economic crimes by illegally converting cash into cash or vice versa. The Conversion Center article is a carefully structured and well-structured stable crime group that exists with a commercial bank or in close collaboration. The purpose of the article is to investigate the activities of conversion centers and to counteract their functioning in the context of the fight against corruption and economic crime. An analysis of current law and practice shows that the functions of counteracting crime in the financial sector, namely the operation of conversion centers, are unjustifiably divided into departments and often duplicated. In particular, such powers are vested in the units of the National Police), the Security Service of Ukraine, the Tax Police (DFS). According to the National Institute for Strategic Studies under the President of Ukraine, in Europe there are two options for the full integration of law enforcement in the fight against economic crime: within the Ministry of the Interior and the Ministry of Finance. All this requires the formation of the concept of strategic construction and determining the location of the tax police or financial investigation service (DFS or FIU) in the fight against economic (tax) crime. This concept should define the basic directions and principles of improvement of managerial, organizational and personnel work, legal, personnel, resource and other law enforcement activity in the specified field on the basis of analysis and assessment of tax security of the person, society and the state. Key words: fictitious enterprise, conversion centers, financial transactions, legalization of income, liability, decriminalization, fraud.

scholarly journals Modern state of enforcement of economic crimes committed by organized groups and criminal organizations

2020 ◽  
pp. 9-19
Author(s):  
Ruslan Anatol'evich Mangasarov ◽  
Radmil Rafkatovich Khannanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Economic Security ◽  
Economic Crime ◽  
Criminal Organizations ◽  
Analytical Work ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Criminal Groups ◽  
Economic Crimes

The research object is the criminogenic aspects of the economic situation in the Russian Federation. The research subject includes the patterns and tendencies of emergence and development of economic crime in the Russian Federation; criminal legal prohibitions of wrongful deeds in the economic field; law enforcement practice of struggle against economic crimes committed by organized groups and criminal organizations.   The purpose of the research is the development of scientifically-grounded suggestions and recommendations aimed at raising the effectiveness of  enforcement of economic crimes committed by organized groups and criminal organizations.  The research methods include content-analysis of documents, analysis, synthesis, description and comparison. The scientific novelty of the research consists in the theoretical analysis of the essence of struggle against economic crimes committed by organized groups and criminal organizations. Some other provisions of the article are remarkable for their scientific novelty, particularly: a) the authors outline the features of modern organized criminal groups and criminal organizations; b) the authors define the main directions of criminal aspirations of organized criminal groups in the economic field; c) the authors outline the methods of economic crimes committing used by organized groups and criminal organizations.    The key findings of the article are: based on the established tendencies and patterns, the authors believe that the main directions of the further improvement of internal affairs bodies’ activities, particularly the investigation activities of economic security and anti-corruption enforcement units, in the field under consideration, will be the improvement of the work of specialized internal affairs units and their involvement in solving the tasks of struggle against economic crimes committed by organized groups and criminal organizations by means of subversive operations against economic and financial grounds of criminal organizations and their corrupt connections, and by means of effective information and analytical work, prognostication, planning, internal and external interaction.   

scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Public Life ◽  
Law Enforcement Officers ◽  
The State ◽  
Key Issues ◽  
Internal Affairs ◽  
National Police ◽  
Economic Crimes

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

Are we any good at protecting our societies and economies from the threat of economic crime and misconduct?

2019 ◽  
Vol 26 (4) ◽  
pp. 1006-1013
Author(s):  
Domitilla Vanni
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Comparative Approach ◽  
Content Type ◽  
International Harmonisation ◽  
Close Cooperation ◽  
High Level ◽  
Taking Action ◽  
Economic Crimes ◽  
Italian Legislation

Purpose This paper aims to outline the Italian framework of rules against economic crime and to verify if Italian legislation provides for appropriate and effective measures according to own needs both at a national and European level. Design/methodology/approach The paper uses a comparative approach by examining the European and Italian legal systems for finding analogies and differences between them. Findings The study has revealed the need of a greater international harmonisation of criminal laws and penalties as well as the transnationality of the economic crime cuts the chance of success of every national strategy, given that transnational criminals are encouraged by the awareness that their cross-border activities complicate law-enforcement efforts against them. Research limitations/implications To maintain a common international level in the protection of individuals from the risk of economic crimes and to enforce the effectiveness of European and national regulations. Practical implications The achievement of a high level of protection, for public security and social cohesion, to prevent and reduce economic crimes, in particular, cybercrimes. Social implications To ensure a high level of security for the general public by taking action against money laundering, cybercrimes and other sorts of misconducts. Originality/value Fighting economic crime requires the close cooperation of law enforcements from different countries, which the traditional law enforcement institutions are not designed to provide.

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.

Adequacy of law enforcement and prosecution of economic crimes in South Africa

2018 ◽  
Vol 25 (2) ◽  
pp. 450-466 ◽  
Author(s):  
Andries P. Swanepoel ◽  
Jacolize Meiring
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
Tax Evasion ◽  
Economic Crime ◽  
Primary Data ◽  
Correctional Institution ◽  
Government Officials ◽  
Content Type ◽  
Role Players ◽  
Economic Crimes

Purpose Economic crime is a serious challenge to business leaders, government officials and private individuals in South Africa. Given the important role of law enforcement, prosecution and sentencing in deterring economic crimes, the purpose of this paper is to determine if law enforcement, prosecution and sentencing practices are deemed to be adequate in South Africa. Design/methodology/approach Primary data from Web-based and manual questionnaires were used to empirically analyse the perceptions of sentenced economic crime offenders and role-players regarding the statement that law enforcement and prosecution practices of economic crimes relating to fraud, corruption or tax evasion in South Africa are not adequate. The final realised sample included a total of 345 from the various populations of key role-players and a total of 82 economic crime offenders from a Gauteng-based correctional institution. Mann–Whitney U tests were used to test for significant differences between the views of role-players and economic crime offenders. Findings The majority of both groups of respondents is of the opinion that law enforcement, prosecution and sentencing practices in South Africa are not adequate with regard to economic crime offences, although statistically significant differences exist in the degree of agreement. The challenge is therefore to prosecute more economic crime offenders by improving law enforcement, prosecution and sentencing practices. The study also revealed that people have a reluctance to speak out about fraud, corruption or tax evasion or to report such offences for various reasons. Originality/value The research assisted in identifying the challenges economic crime presents and the shortcomings in current law enforcement, prosecution and sentencing practices in South Africa.

scholarly journals Current requirements and state realities of combating organized crime

2020 ◽  
Vol 2 (2) ◽  
pp. 211-216
Author(s):  
Ihor Pyrih ◽  
Serhii Prokopov ◽  
Denys Vodopyan
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Work Experience ◽  
The Body ◽  
Practical Significance ◽  
Power Structures ◽  
Mixed Effect ◽  
Criminal Organizations ◽  
Criminal Groups ◽  
National Police

The article describes in detail the concept of professional crime, it’s devastating impact on Ukraine's democracy, and offers suggestions on ways to identify, prevent, and stop professional crimes. The importance of the operational units of the National Police of Ukraine in the fight against professional crime in the current conditions of law enforcement reform is considered, the problems of the legislative and practical significance of the units of the criminal police are described. The modern legislation which defines the general principles and tactics of combating professional crime is analyzed and proposals for its im-provement are made. Attention is drawn to the fact that, in recent times, the danger is not even the possibility of bribery of officials by criminal groups, but the gradual entry of members of criminal organizations and, even, their leaders and organizers into power structures, state administration, control and law enforcement bodies. Another problem we have outlined above is the lack of training and lack of professional experience of law enforcement officers in the fight against organized crime. The dismantling of the Organized Crime Offices and the establishment of Strategic Investigation Departments and their subordinate departments had a mixed effect on the results of combating crime. Positive, in our opinion, is the accession to the body of experts in the detection and investigation of crimes of economic orientation, as organized crime at the present stage, as noted above, aimed at including the commission of these crimes. The negative tendency is, in our opinion, the turnover of personnel, due to the sometimes rather harsh and unfair conditions of competitive selection of candidates, the lack of individual approach to the staff with many years of work experience. One way to solve this problem is to train specialists in strategic investigations departments in universities with specific conditions of study, followed by a mandatory internship under the guidance of mentors for at least three years.

Modern activity of the national police in counteracting economic crimes in the basic branches of the economy of Ukraine (agro-industrial complex)

2020 ◽  
Vol 2 (2) ◽  
pp. 316-320
Author(s):  
Volovymyr Yefimov
Keyword(s):  
Economic Activity ◽  
Economic Crime ◽  
Modern Concept ◽  
Industrial Complex ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Information Retrieval Systems ◽  
High Quality Information ◽  
National Police ◽  
Economic Crimes

It is emphasized that economic crimes affect all types of economic activity, are reflected in various spheres of society. Not only intentional encroachments on property have increased, but also other crimes related to economic activity: economic abuse, abuse of power by employees of institutions, enterprises, organizations, "bribery", fraud, forgery of documents. The main burden of combating economic crime falls on the National Police, and the priority role in the prevention of economic crime belongs to the criminal police, which includes the Department of Strategic Investigations. The effectiveness of prevention of economic crimes is ensured by high-quality information and analytical activities, the presence of scientifically sound prognostic estimates of high probability. The police should assess the following indicators: the actual level and trends of the criminal busi-ness, both parasitic on the legal economy and that which exists in illegal economic activities; the share of criminal communities in it; comparative intensity of fraud by areas and territories. The objects of preventive activities of the National Police should be: negative phenomena and processes that contribute to the commission of specific economic and tax crimes or facilitate their commission; persons planning or preparing to commit economic crimes; persons in respect of whom the National Police controls their behavior in cases provided by law; persons with persistent illegal behavior and who have previously been prosecuted for economic crimes; persons who are prosecuted for the commission of these crimes, as well as suspects or accused of committing economic crimes, if the criminal proceedings are terminated due to non-rehabilitative circumstances, as well as persons in respect of whom criminal proceedings were refused on the same grounds. The modern concept of combating economic and organized crime should be based on a strictly developed methodology for comprehensive analysis of certain features as a result of criminal analysis of a large amount of data obtained from various sources, including integrated information retrieval systems of the National Police of Ukraine.

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.

scholarly journals Models of the Pre-Procedural Level of Investigation of Economic Crimes: Spanish Experience

2020 ◽  
Vol 14 (1) ◽  
pp. 148-155
Author(s):  
Victor Shestak ◽  
Vladimir Dubrovin ◽  
Zoya Ilyicheva
Keyword(s):  
Law Enforcement ◽  
Interpersonal Relations ◽  
Economic Crime ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Legal Security ◽  
Principle Of Legality ◽  
Economic Crimes

Pre-procedural or non-procedural activities for the investigation of economic crimes are the activities to investigate crimes committed in the sphere of economy that are carried out before the initiation of criminal proceedings. In Spain, it is entrusted to the following state bodies: the judicial police, the prosecutor's office, and administrative bodies. The choice of the pre-procedural model of investigating an economic crime in modern Spain is subject to a variety of factors, including the specifics of interpersonal relations that have developed between law enforcement officials. The distinctive features inherent in the Spanish pre-procedural activity in the investigation of economic crimes are its spontaneity and the lack of uniformity in the procedure for its conduct. In particular, there is no legal certainty as to who decides on the commencement of pre-procedural activities to investigate an economic crime, as well as orderliness in who is assigned the main responsibility in the direction of its progress. The non-procedural investigation of economic crimes in Spain is carried out in accordance with the models that were gradually introduced into practice through the generalization of the customs of professional activities of law enforcement agencies that are understandable only to the staff of the bodies considered in the article. In modern times in Spain, four non-procedural models of the investigation of economic crimes with different constituent composition have been formed. In this case, it is impossible not to note the role of the administrative bodies in the investigation of economic crimes. Some Spanish researchers refer it to a separate investigation model, since it has its own order and dynamics. At the same time, the models under consideration are increasingly moving away from the order of investigation established by law, which calls into question legal security and creates a threat to the principle of legality. Within the framework of the projects on the reform of criminal justice in Spain, it is proposed to assign the responsibility for investigating criminal cases, particularly for economic crimes, to the prosecutor and the judge responsible for ensuring procedural guarantees. However, the feasibility of this project, even in the opinion of the Spanish researchers themselves, is questionable. In this regard, the authors in this article consider not only the positive aspects of each non-procedural model for the investigation of economic crimes in Spain, but also their shortcomings.

scholarly journals Financial intelligent investigations in combating money laundering crime

2016 ◽  
Vol 19 (1) ◽  
pp. 92-102 ◽  
Author(s):  
Anastasia Suhartati Lukito
Keyword(s):  
Money Laundering ◽  
Economic Crime ◽  
Content Type ◽  
Legal Perspective ◽  
Illegal Activities ◽  
New Perspective ◽  
Banking Institution ◽  
Financial Transactions ◽  
Economic Crimes

Purpose – The purpose of this paper is to analyze the functions of financial intelligent investigations by the Indonesian financial intelligent unit in conjunction with the participating reporting parties, to consider the obstacles and challenges to reduce money laundering cases in Indonesia, realizing that the role of the financial intelligent investigations not only conducted by Indonesian Financial Intelligent Unit itself but the active participation from reporting parties such as banking institution. The function of financial intelligent unit in supervising and monitoring cash financial transactions is importance in fight against economic crimes, particularly in the anti-money laundering regime. Design/methodology/approach – This paper explores the Indonesian laws on prevention and eradication on money laundering crime and analyzing the importance role of financial intelligent investigations and disruption of money laundering crime. Findings – The financial intelligent investigations will become an important strategy to combating the economic crime such as money laundering and corruption. The new perspective is needed to developing the good synergy in the financial intelligent unit and reporting parties to maximizing the eradication of money laundering cases. Practical implications – The paper can be a source to explore about the money laundering eradication based on Indonesia legal perspective. Originality/value – This paper gives contributions by encouraging the financial intelligent unit in conjunction with all the financial institutions to disrupt any money laundering activities, which is associated to other predicate crimes and attempting to conceal the illegal funds derived from illegal activities that commonly happened in Indonesia.

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