scholarly journals The operational role and the importance of the application of criminal procedures during the investigation of the organized crime in Kosovo

2022 ◽  
Vol 27 ◽  
pp. 325-337
Author(s):  
Reshat Maliqi
Keyword(s):  
Organized Crime ◽  
Scientific Literature ◽  
Criminal Policy ◽  
Theoretical Research ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Starting Point ◽  
Criminal Control ◽  
High Degree ◽  
Case Based

The application of criminal procedures in the investigation of organized crime in Kosovo quests a deeper empirical study and wider research of a scientific literature than ever done before. The failure of many organized crime cases throughout the courts of Kosovo and the light and acquittal sentences are real indications that the application of criminal proceedings is not being properly conveyed in practice. The data provided through the empirical research of this paper indicate that non-compliance with criminal procedures leads to a decrease in efficiency and a significant increase in organized crime cases. Through this research we aim to identify the possible factors that affect the growth of the phenomenon of crime as well as the reflection of institutions dealing with the prevention and fight against crime. According to the observation the author suspects that the starting point of criminal proceedings regardless of the degree of probability is extremely important for the fight against crime, especially the fight against modern forms characterized by a high degree of organization, professionalism, specialization and secrecy. This paper reflects the detailed theoretical research of the scientific literature by various local and foreign authors and experts who have written about criminal procedures, research and analysis of theoretical and practical data on the meaning and importance of the implementation of criminal procedures in detecting organized crime in Kosovo are of particular importance to investigators of organized crime in the future. The effectiveness of criminal procedures in detection of organized crime in Kosovo should be closely related to criminology, criminalistics and criminal policy, the implementation of criminal procedures should in principle aim to return the basis of suspicion to the highest level of suspicion. This activity starts with the appearance of the basis of suspicion or the highest form of suspicion in the form of orientation and elimination indicators. The same activity consists of criminal control and processing. The content and strategy of these activities determine their further course, as well as condition the range of rules of criminal science in a specific case based on the provisions of the Code of Criminal Procedure, as well as other provisions of laws and bylaws. The strategy and tactics of these activities are dictated by the type of criminal offense.

scholarly journals Digital Criminology as a Tool for Combating Organized Crime

2018 ◽  
Vol 12 (4) ◽  
pp. 476-484 ◽  
Author(s):  
Sergey Maksimov ◽  
Yury Vasin ◽  
Kanat Utarov
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Quantitative Methods ◽  
Criminal Policy ◽  
Criminal Code ◽  
Road Map ◽  
Starting Point ◽  
Special Part ◽  
Prevention Model ◽  
Low Efficiency

The starting point for the article is the growing importance of digital technologies in resolving the tasks of criminal policy. The authors present a definition of digitizing criminal policy: the introduction of quantitative methods of analyzing criminal phenomena and reacting to them (including the methods of mathematical statistics and mathematical modeling) in the practice of building and implementing a system of crime counteraction measures. They note that the low efficiency of criminal lawmaking mainly results from ignoring the necessity for a quantitative analysis of crime conditions, trends and the practice of crime counteraction. The authors stress that at present the decisions of lawmakers regarding the criminalization of organized criminal activities are not, as a rule, guided by the data of criminal statistics. The analysis of amendments to the Criminal Code of the Russian Federation from 1997 toо 2017 shows that the growth in the number of articles of the Special Part of the Code that establish a greater responsibility for organized criminal activities (+77,5 %) was almost twice as high as the growth in the number of articles in its Special Part (+39,2 %). From the viewpoint of Russian legislators, the greatest degree of organized criminalization today is typical of crimes against the property (82 % of corresponding articles refer to the qualifying feature of being committed by an organized group), as well as crimes against sexual integrity and sexual freedom of a person (80 %). This position does not agree with the statistical data of the law enforcement work on identifying and investigating the activities of organized groups, or sentencing their participants. The authors also prove the necessity of developing a mathematical model for the new concept of criminal policy that should be based not on the momentary challenges or unexpected problems in law enforcement, but rather on the stable trends of changing criminal phenomena. They suggest devising a road map of criminal policy solutions that would ensure a gradual substitution of a repressive model of counteracting organized crime mainly based on the growth in the number of special criminal law prohibitions and law enforcement personnel by a prevention model of such counteraction. Today digital criminology has a real chance of becoming part of the practice of combating organized crime.

scholarly journals Criminalistics characteristics of official forgery

2019 ◽  
pp. 90-99
Author(s):  
D. Serhieieva ◽  
Z. Toporetska
Keyword(s):  
Scientific Literature ◽  
Scientific Research ◽  
Criminal Activity ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Offense ◽  
The Subject

In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.

scholarly journals JURISDICTION AS A COMPONENT OF THE INVESTIGATOR’S COMPETENCE

2019 ◽  
pp. 166-169
Author(s):  
S. I. Chernobaiev
Keyword(s):  
Criminal Policy ◽  
Scientific Research ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Political Situation ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Subject ◽  
Definition Of

The legislation of Ukraine does not contain a legal definition of the concept of “jurisdiction”, although at the theoretical level this legal category has repeatedly become the subject of scientific research, its content and types have been constantly transformed depending on changes in the legislation of Ukraine. The socio-political situation caused by the violation of the territorial integrity of Ukraine, the priority of the state’s criminal policy in the fight against terrorism, corruption, have become a prerequisite for the emergence of new bodies of pre-trial investigation, changes in the procedural status of the investigator. This allows us to continue scientific research in the direction of improving the definition of “jurisdiction”, the definition of its characteristic components, species and more. The article discusses the relation between the terms “investigator competence” and “jurisdiction”, arguing that the former is broader. Attention is drawn to the normative construction of the articles of the Criminal Procedure Code of Ukraine, which define the rules of subsidiarity, in particular, in retrospect. Analysis of the criteria under which a criminal proceeding is assigned to the sphere of activity (management) of a particular pre-trial investigation body, in particular, the place of commission of a criminal offense, qualification of a criminal offense (event of a criminal offense, nature of the consequences, the subject of the criminal offense, its form guilt), the special status of the subject of the crime, the type and size of the object of the crime and the harm caused by the criminal offense, the status of the victim, the connectedness of actions, etc., allowed to conclude on the expediency of introducing into scientific circulation the concept of “criminal procedural characteristics of criminal offenses” The author defines the concept of “jurisdiction” by which the constituent competence of an investigator for conducting pre-trial investigation of a certain category of criminal proceedings, which is determined depending on the criminal procedural characteristic of a criminal offense, should be understood.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals TOWARDS MINIMUM PROCEDURAL GUARANTEES FOR THE DEFENCE IN CRIMINAL PROCEEDINGS IN THE EU

2011 ◽  
Vol 60 (4) ◽  
pp. 1017-1038 ◽  
Author(s):  
Laurens van Puyenbroeck ◽  
Gert Vermeulen
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Democratic Rule ◽  
Constitutional System ◽  
The Eu

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  
Keyword(s):  
Economic Activity ◽  
Criminal Policy ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Analysis And Synthesis ◽  
Legitimate Interests ◽  
General Scientific

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

scholarly journals Instilled ethnogenetic memory, or how the Rus people realized their Slavic nature

2020 ◽  
Vol 69 ◽  
pp. 117-142
Author(s):  
Igor Shpyk ◽  
Keyword(s):  
Key Words ◽  
Middle Ages ◽  
Scientific Literature ◽  
Cultural Influences ◽  
Historical Consciousness ◽  
Functional Potential ◽  
Starting Point ◽  
Introductory Part ◽  
Different Content ◽  
Historical Periods

Background: The idea of the origin of the Slavic peoples from a single genetic root originated in the early Middle Ages and in all subsequent historical periods it served as a starting point for various mythologemes, ideologemes, theories and concepts. Even now, despite numerous attempts at deconstruction, they continue to function, producing “necessary” meanings and fueling established stereotypes. The later stages of their development are generally well studied, but the origin and initial establishment still remain a mystery. The greatest difficulty lies not so much in the small number and fragmentation of written reports on the early Slavs but in the absence of radically new, comprehensive interpretations. Purpose: The proposed investigation aims to initiate the filling of this gap by comprehensively considering the problem of forming the Slavic identity of Rus, through the prism not only of the original close interaction of Slavic peoples, but also the unique conditions and experience of their own Christian cultures, their remoteness, differences and alienations - perspectives still unexplored in the scientific literature. Results: Analysis of the episodes of the introductory part and Article dated 898 of the Tale of Bygone Years, which contain fragments of the oldest Slavic ethnogenetic ideas, shows their non-native origin. The image of the ancient Slavic community developed in the bosom of the Cyril and Methodius tradition. It penetrated Rus, apparently, in line with Western and South Slavic religious and cultural influences. At the same time, there was no single, more or less integral narrative. Rus chroniclers were forced to synthesize texts of different content and ideological direction and even genre, adapting them to their own historiographical concept. Although the term “Slavs” in Rus was actively used in the days before the writing of the Tale of Bygone Years, its functional potential was fully used only in the early XII century – thanks to the inculcation of the Rus identity – one of the pivotal and most deeply rooted structures of the collective historical consciousness. Key words: Rus, ethnogenetic notions, Slavic identity, The Tale of Bygone Years, Slavs, Cyril and Methodius tradition.

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

scholarly journals INFLUENCE OF THE RATE OF IRON HEXATIANOFERRATE ON ITS SORPTION ABILITY IN RELATION TO SILVER, INDIUM AND GALLIUM CATIONS

2021 ◽  
pp. 5-14
Author(s):  
А.А. Agatayeva ◽  
◽  
U.Zh. Jussipbekov ◽  
R.М. Chernyakova ◽  
R.А. Kaiynbayeva ◽  
...  
Keyword(s):  
Scientific Literature ◽  
Precious Metals ◽  
Sorption Process ◽  
Raw Material ◽  
Channel Diameter ◽  
Residual Content ◽  
Initial Iron ◽  
Sorption Ability ◽  
High Degree ◽  
Degree Of Sorption

The processing of phosphorites into elemental phosphorus is accom-panied by the formation of waste - cotrile "milk", in which indium, gallium, and silver are present. This waste can be considered as a cheap raw material for the production of rare and precious metals. In the scientific literature there are data on the sorption capacity of hexacyano-ferrates of iron, which has a crystal lattice with a channel diameter from 3.0 to 3.5Å. Investigation of the sorption process in the model system "Fe4[Fe(CN)6]3·10H2O - Ag+- In3+- Ga3+ - H2O" depending on the norm of iron hexacyanoferrate (sorbent). The initial concentration of silver, indium and gallium ions and their residual content in solutions were determined using the atomic absorption spectrophotometer "PerkinElmer Analyst 400" (USA). The microstructure of the initial iron hexacyanoferrate and iron hexacyano-ferrate, after sorption, was studied on the CarlZeissFESEM and JEOL brand "JXA-8230" (Japan). With a ratio to T:W equal to 1.75-2.5:100, the degree of sorption of Ag+ with iron hexacyanoferrate is 99.5 and 99.8 %. The highest degree of sorption (96.75%) of In3+ ions can be obtained with a sorbent weighing 3 g per 100 g of solution at 60oC. A high degree of sorption of Ga3+ cations is achieved at low (0.5:100 wt. h.) and high (3:100 wt. h.) consumption of iron hexacyanoferrate. It was revealed that iron hexacyanoferrate exhibits sorption properties simultaneously with respect to mono- and trivalent metals, and the basic laws of their sorption were established.

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