scholarly journals Criminal Liability for Provoking Bribery

2021 ◽  
Vol 39 (69) ◽  
pp. 492-512
Author(s):  
Oksana Stepanenko ◽  
Andriy Stepanenko ◽  
Maryna Shepotko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Analytical Method ◽  
Criminal Liability ◽  
Law Enforcement Agencies ◽  
Distinctive Features ◽  
Historical Method ◽  
Legal Documents ◽  
New Challenges ◽  
Quantitative Indicators

In modern conditions of development of public relations complication of activity of law enforcement agencies is observed. This is due to new challenges in the law enforcement system, including the fight against high levels of the organization and the criminal professionalism of corrupt individuals. Because of this, it is challenging for operational units to identify specific facts of illegal actions with the help of operational and investigative measures. At the same time, the fight against crime by establishing high quantitative indicators of disclosure remains one of the principles of law enforcement in Ukraine, including sometimes deviating from those means established by law. Therefore, the problem of provoking bribery is relevant for scholars of the legislator and law enforcement. The object of the study is criminal liability for provoking bribery. The research methodology consists of such methods as the dialectical method, analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling method. The authors identified the features of such liability to clarify the problematic issues of qualification of provoking bribery, and to distinguish the distinctive features of prosecution from other types of crimes.

scholarly journals Protection of public relations in the field of amber mining in Ukraine: legal aspect

2021 ◽  
pp. 124-128
Author(s):  
Y.A Kholod ◽  
I.M Pogrebnoy ◽  
K.O Chyshko ◽  
D.S Heta ◽  
O.P Shaituro
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Protection Legislation ◽  
Legal Concepts

Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.

scholarly journals Civil and criminal liability in the field of transport relations: the impact of the Covid-19 pandemic

2021 ◽  
Vol 10 (40) ◽  
pp. 212-221
Author(s):  
Raisa Minchenko ◽  
Pavlo Lutsyuk ◽  
Dmitriy Kamensky ◽  
Artem Kolodin ◽  
Oleksandr Shamota
Keyword(s):  
Public Relations ◽  
World Economy ◽  
Criminal Liability ◽  
Production Capacity ◽  
The Public ◽  
Historical Method ◽  
Legal Documents ◽  
The World ◽  
The Subject ◽  
The Impact

The COVID-19 pandemic has changed the lives not only of many people but also significantly affected the economy of individual countries and the world economy as a whole. The world has seen a reduction in production capacity due to the closure of borders between countries and the introduction of self-isolation. The coronavirus pandemic has disrupted the usual relationship between manufacturers and users and has made a major difference in transport. Such changes have been reflected in the regulation of relations regarding civil and criminal liability for offenses in the field of transport relations in a coronavirus pandemic. With this in mind, it is important to analyze the transformations of civil and criminal liability in the field of transport due to the Covid-19 pandemic. The work aims to analyze the civil and criminal liability in the field of transport relations due to the Covid-19 pandemic. The object of the study is a civil and criminal liability in the field of transport due to the Covid-19 pandemic. The subject of the study is the public relations that arise, change, and end during the prosecution of civil and criminal transport in the wake of the Covid-19 pandemic. The research methodology consists of such methods as the analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling. The study will analyze the changes that have taken place in the field of transport, namely the peculiarities of civil and criminal liability for violations in the field of transport during the Covid-19 pandemic, as well as clarify the problematic issues of prosecution in the field of transport and controversial aspects pre-trial settlement of conflicts by the parties. The research also identified the main trends in the transport sphere in the context of the Covid-19 pandemic and explained what changes need to be made to establish a mechanism for civil and criminal liability in the field of transport due to the Covid-19 pandemic.

scholarly journals Illegal crossing of the State Border of Ukraine: some aspects of elements of crime

1970 ◽  
pp. 315-320
Author(s):  
Yurii Kuryliuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Precise Determination ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public

The article analyzes elements of the crime covered by the Article 332-2 of the Criminal Code of Ukraine, establishing criminal liability for illegal crossing of the State Border of Ukraine, and also discloses peculiarities of the criminal legal qualification of this action. It is determined that as the patrimonial object of the crime under the Article 332-2 of the Criminal Code of Ukraine should be considered homogeneous social relations, covering a certain sphere of the public life that is the border security of Ukraine, violation of which causes socially dangerous harm to the components of this sphere that is defense of the State and its border protection, sovereignty, territorial integrity and inviolability. The direct object of this crime is the public relations, which provide for the normatively established and regulated procedure for crossing the State Border of Ukraine. It has been established that the procedure for crossing the State Border of Ukraine may manifest itself in several forms: 1) by any means (by foot, by auto transport, by swimming etc.) outside the checkpoints across the State Border of Ukraine; 2) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine without the relevant documents; 3) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine with the documents, containing inaccurate information. Should not be underestimated the blanket nature of the disposition of the mentioned article that requires precise determination of the relevant regulatory acts, determining the list of documents that are necessary for crossing the State Border of Ukraine by a certain category of people, and also confirm the fact of opening a specific checkpoint across the State Border of Ukraine. The disposition of the Article 332-2 of the Criminal Code of Ukraine defines several groups of subjects, in particular: 1) a person who is prohibited from entering the territory of Ukraine; 2) a representative of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor; 3) a person with the aim to illegally cross the State Border of Ukraine for harming the interests of the State. Moreover, it was established that the aim for “harming the interests of the State” is not necessary for the illegal crossing of the State Border of Ukraine by persons who are prohibited from entering the territory of Ukraine, or by representatives of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor. The criminalization of the illegal crossing of the State Border of Ukraine is an important aspect of creating conditions for the proper protection of the vital interests of an individual, the society and the State from real and potential external and internal threats in the border space of Ukraine.

scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Administrative Law ◽  
Practical Implementation ◽  
Scientific Article ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Public ◽  
Legal Documents

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Building Resilient Urban Communities: The Case Study of Setubal Municipality, Portugal

Geosciences ◽  
2020 ◽  
Vol 10 (6) ◽  
pp. 243
Author(s):  
Angela Santos ◽  
Nuno Sousa ◽  
Horst Kremers ◽  
José Luís Bucho
Keyword(s):  
Law Enforcement ◽  
Urban Communities ◽  
Disaster Risk Reduction ◽  
Disaster Risk ◽  
Law Enforcement Agencies ◽  
Legal Documents ◽  
Local Stakeholders ◽  
Scientific Papers ◽  
Methodological Guidelines

The Sendai Framework for Disaster Risk Reduction provides several guidelines that countries should follow. Still, some scientific papers discussed the limitations, difficulties, and strategies in the implementation of these guidelines. Therefore, the objective of this review is to understand what Setubal has done to cope with disasters, and the practical strategies to mitigate them. To achieve this, several methodological guidelines and Portuguese legal documents were analyzed. The results focus on the top four natural disasters that impacted the study area (landslides, earthquakes, tsunamis, and floods), and the current pandemic of COVID-19. The practical strategies implemented on the territory involve the installation of equipment such as emergency signs and electronic panels that allow the dissemination of information to the communities in real-time. Also, the collaboration with national and international scientists provided new insight to cope with disasters, by bridging the gap between law enforcement agencies, science, first responders, and the practical needs that local stakeholders must solve on the territory. Moreover, Setubal has implemented a variety of practical and innovative measures, and therefore, could be used as a model not only to other Portuguese municipalities but also to other countries.

FINANCIAL ASPECT OF CYBERCRIME: SITUATION IN UKRAINE AND THE WORLD

2019 ◽  
Vol 5 (1) ◽  
pp. 405-418
Author(s):  
Galina Myskiv ◽  
Olesya Irshak
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Law Enforcement Agencies ◽  
Financial Flows ◽  
Legal Documents ◽  
The World ◽  
Financial Aspect ◽  
Computer Fraud

Cybercrime is clearly linked with financial relations: for some, it is profit, for others – expenses or big losses. The article contains the research of the essence, causes, conse-quences and counteraction to computer fraud in Ukraine and countries of the world, as well as research of financial flows that accompany these processes. However, the authors tried to analyze quantitatively and qualitatively the dynamics of cybercrimes. It also focus-es on bodies that provide cybersecurity and normative legal documents in this area. The authors concluded that cybersecurity in Ukraine has not been sufficiently developed yet, which requires adopting the experience of cybercrime prevention in the advanced countries of the world and enhanced cooperation between international law enforcement agencies.

scholarly journals Problems of criminal liability and execution of certain types of criminal penalties under the new legislation of the Kyrgyz Republic

2020 ◽  
Vol 2 (3) ◽  
pp. 153-159
Author(s):  
Abdish Koombaev
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Criminal Liability ◽  
Judicial Reform ◽  
General Description ◽  
Kyrgyz Republic ◽  
Law Enforcement Agencies ◽  
Technical Errors ◽  
New Codes ◽  
Civil Laws

As part of measures to improve the justice system and the legal system in the Kyrgyz Republic, the President’s decree No. 147 (adopted on 08.08.2013) and the decisions of the Council on judicial reform established an expert working group to develop new criminal and civil laws. After four years of work, the new Code on offences, the Code of violations, the Penal Code and other “related” laws were adopted simultaneously with the new Criminal and Criminal-procedural Codes, which allows us to see the scale of changes in the legal system of the Kyrgyz Republic. In parallel, measures are being taken to reform the judicial system and law enforcement agencies. New codes have introduced rules and institutions that cannot be analyzed in detail in a single article. In addition, for almost a year and a half, training of practical employees of law enforcement agencies and courts has been organized for the full and high-quality implementation of these institutions and rules, automated systems, separate structures and services are being created, which are equipped with appropriate equipment and office equipment. For this reason, the author considers it premature to draw any conclusions about the effectiveness of the ongoing reforms, since technical errors and gaps in the new codes are still being corrected, regulatory legal acts are being brought into line, and new regulations and instructions are being developed. This article attempts to give a brief general description of the reform of the criminal law direction, primarily the norms related to criminal liability under the new legislation of the Kyrgyz Republic.

scholarly journals Justification of the Necessity to Adjust Law Enforcement Agencies to Digital Transformation of Criminality

Lex Russica ◽  
2021 ◽  
pp. 63-70
Author(s):  
M. A. Zheludkov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Public Relations ◽  
Criminal Behavior ◽  
Industrial Revolution ◽  
Digital Technologies ◽  
High Tech ◽  
Social Changes ◽  
Law Enforcement Agencies ◽  
Use Of Technology

Underestimation of the importance of solving problems in law enforcement agencies in the context of the use of new digital technologies by criminals may lead to the situation when high-tech crime does not replace traditional forms of theft, but may result in a sharp hypoxia of preventive activities, which will lack the planned law enforcement resources and means of responding to emerging threats. The relevance of the paper lies in the fact that when assessing the use of modern digital technologies in scientific literature and regulatory support, special emphasis is placed on specific data functions of technologies to automatically analyze a set of data and with the help of a set of algorithms to make decisions on optimization of processes and activities, that is, the ability to simplify human relationships. However, the experience of law enforcement has shown that the lack of law enforcement support for protecting the society from negative use of technology leads to the fact that the response now follows the criminal consequences of their use of technologies. The creation of artificial intelligence (AI) systems has led to serious social changes, there is a kind of transformation of public relations under the influence of the digital economy, which inevitably creates the prerequisites for the emergence of specific criminal behavior. The paper provides for a brief analysis of information from open sources about the possibilities of criminal use of artificial intelligence. The author aims to analyze the various possibilities of creating a new model of protection against cybercrime under the control of law enforcement agencies in the context of new threats caused by criminal use of AI technology and the new industrial revolution.

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