Inter-State cooperation of the CIS law enforcement agencies in the fight against economic crime and corruption during the pandemic

2021 ◽  
pp. 73-78
Author(s):  
Alexey Valentinovich Kurakin ◽  
Alexander Nikolaevich Sukharenko
2021 ◽  
Vol 2 (SPECJALNY) ◽  
pp. 22-36
Author(s):  
WIESŁAW PŁYWACZEWSKI

Ecocriminology is one of the youngest research interests in the penal sciences. It is lectured in many renowned universities around the world, and since 2019, also in the Police Academy in Szczytno. The author presents the achievements in this fi eld, indicating its practical usefulness for law enforcement agencies, in particular in identifying organised forms of economic crime. These forms include smuggling and illegal trade in protected species of fl ora and fauna (so-called CITES crimes), smuggling and illegal trade in wastes, seizure of properties of particular value to the world’s natural heritage, land, water and air pollution, corruption, etc. The study has been enriched with a research part, in which the author presents the opinions of students—police offi cers of the Police Academy—on the educational activities in ecocriminology.


2020 ◽  
Vol 11 (2) ◽  
pp. 475
Author(s):  
Zhamilya KYDYROVA ◽  
Erlan ONLASYNOV ◽  
Aigul SHADIEVA ◽  
Akmaral ABDRAKHMANOVA ◽  
Altynsary UMBITALIEV ◽  
...  

The issues of the general reasons for the existence of the shadow economy and the factors that determined its enormous scale in the contemporary realities of the economic system of Kazakhstan are the subject of consideration of many researchers. However, the authors try to evaluate the results of development programs and the activity of bodies contributing to the modernization of economic policy aimed at structural changes in the policy of counteracting the shadow economy, which have been previously considered ambiguously. The main attention of the authors is given to the study of the phenomenon of ‘shadow economy’ as a special segment of a market economy, as well as to the development of practical recommendations for minimizing the disruptive mechanism’s consequences of shadow activity in the post-socialist period. The impact of the shadow economy on the financial and economic development and security of Kazakhstan are comprehensively studied for understanding the scales of the phenomenon. The authors analyze anthropological factors associated with the contradictory nature of man, economic factors inherent in the market economy and distortions in the state tax policy, insufficient saturation of the market with goods and services, imbalance between various spheres and sectors of the national economy, and low purchasing power of the population. The focus is made on legal factors that have arisen due to the imperfection of the legislative framework and coordination mechanism for combating economic crime, the insufficient activity of law enforcement agencies in the sphere of suppression of illegal and criminal economic activity. The main reasons for the permanent strengthening of shadow activity in the modern economy of Kazakhstan are identified in their direct interrelation with the features of the national model of economic reform. These reasons include: the insecurity of small and medium private property rights from the arbitrariness of the state, the illegal nature of privatization, the dominance of monopolies in the economy and the repressive nature of taxation, etc. These factors have generated not only the traditional shadow activity in Kazakhstan, but the other forms have appeared: labor activity without official registration; manipulations with securities issued by ‘quasi-private’ structures; forceful elimination of competition by regulatory and law enforcement agencies in favor of certain companies and the export of capital from the country according to offshore schemes and technologies, etc. The results of the study on the degree of influence of the features of reforming the Kazakhstani economy on the development of shadow activity make a certain contribution to the study of the phenomenon of the shadow economy in Economic Science. The situation with the spread of the pandemic has once again demonstrated the scale of the shadow economy, the level of corruption of power structures and the steady growth of shadow capital in the country.


2020 ◽  
Vol 136 (4) ◽  
pp. 290-305
Author(s):  
MARIUSZ WOJTALEWICZ ◽  
BEATA SPEICHERT-ZALEWSKA

Criminal analysis in law enforcement agencies’ work has been around for many years. Initially, it was used by police offi cers in a nonformalised way, its main purpose being to try to understand and systematise crimes. Attempts to draw conclusions from the collected data contributed to greater effectiveness of the detection process. Nowadays, the need for effi ciency in processing the increasing amount of data, and the far-reaching professionalisation of criminal groups have resulted in the fact that criminal analysis is no longer a cure-all for a lack of thinking, but an indispensable tool in the effective fi ght against crime. Considering the above, the article presents the need for the effective use of criminal analysis in combatting mainly organised crime of an economic nature.


2020 ◽  
pp. 76-81
Author(s):  
A.V. Steblianko

The article is devoted to the definition of criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds. The urgency of the problem described in the article is due to the need to increase the effectiveness of counteracting the facts of money laundering, given the state of economic crime and the losses from its existence. The article clarifies the essence of such concepts as «criterion», «evaluation» and «efficiency». Attention is drawn to the fact that the effectiveness of the interaction can be judged based on the purpose of the interaction itself. It is stated that in evaluating efficiency, qualitative and quantitative indicators should be taken into account, while the latter in the form of statistics should be considered mainly as a source of information on the state of crime, the amount of work done, and not its results. The criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds are: 1) reducing the proportion of latent crime; 2) state of information support; 3) the speed of response of financial institutions to the request of law enforcement agencies to provide certain information; 4) state of cooperation with other entities of the system of counteraction to the legalization (laundering) of proceeds from crime; 5) the number of indictments drawn up; 6) public opinion. It is concluded that the evaluation of the effectiveness of the interaction of these entities on the basis of the criteria we define will only be relevant if it is objective, of public importance, relevant to the purpose of the interacting entities.


2017 ◽  
Vol 14 (2) ◽  
pp. 229-246 ◽  
Author(s):  
Judith van Erp

This article directs the ‘visual turn’ in criminology to corporate crime, a topic that has been understudied by cultural criminologists. A recent trend of corporate crime movies suggests that film can compellingly critique economic crime and unethical business cultures. This article studies how law enforcement agencies, particularly competition authorities, have connected with this trend by using film in their communicative strategy. This article introduces the emerging genre of anti-cartel enforcement thrillers: regulator-produced realistic docudramas in which fictional cartels are exposed and punished. These films’ narratives about cartel enforcement are reconstructed by studying how the films portray cartels, perpetrators and their motives, and the regulator. An analysis of four films produced in four jurisdictions demonstrates that the films deter only to the extent that the local legal and political-economic context allows: the British film reflects that country’s neoliberal ‘pro-business’ climate, while the Swedish film depicts businesses as socially responsible and the Dutch film is pragmatic rather than moralistic. Only the Australian film is explicitly punitive in its narrative as well as its imaginary, and exemplifies the persuasive potential of film in enforcement.


Author(s):  
Tetiana Chasova

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.


Author(s):  
Вадим Изосимов ◽  
Vadim Izosimov ◽  
Станислав Богомолов ◽  
Stanislav Bogomolov

The presented publication is aimed at the formulation and resolution of a very important problem in the field of combating economic crime in the field of combating production, storage, transportation and sale of counterfeit money or securities. The article reveals the current state of this type of criminal activity. Conflicts and gaps that hinder the activities of law enforcement agencies in identifying, documenting and proving counterfeiting are demonstrated. The primary measures of legal and technical content for reducing the level of criminal attractiveness of the production, storage, transportation and sale of counterfeit money or securities are proposed.


Author(s):  
Victor Shestak ◽  
Vladimir Dubrovin ◽  
Zoya Ilyicheva

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.


Author(s):  
Галина Крохичева ◽  
Galina Krohicheva ◽  
Алина Куровская ◽  
Alina Kurovskaya

The article presents the statistics of the annual collection of the Ministry of Internal Affairs of the Russian Federation on the state of crime relating to crimes of a corruption nature. The areas of activity of law enforcement agencies for ensuring economic security are analyzed, the main problems of determining the role and place of law enforcement agencies, internal affairs bodies in the system of ensuring economic security are identified, and measures are presented to improve the activities of internal affairs bodies in counteracting economic crime.


2020 ◽  
pp. 82-86
Author(s):  
O.M. Reznik ◽  
A.A. Bertsyukh

The article is devoted to the formulation of the author’s definition of the concept of interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering, followed by the definition of the peculiarities of such interaction. The relevance of the proposed article is due to the high level of financial and economic crime, at which the laundering of criminal proceeds causes significant damage to the economy. Accordingly, this state of affairs necessitates the joint efforts of different actors in the fight against this negative phenomenon. It is noted that the category of “interaction” is used in various fields of scientific knowledge, while from the point of view of law this category is most often studied by scientists in the field of criminology, criminal procedure, criminology and operational and investigative activities. Signs of interaction are defined. The interpretation of the financial intelligence unit is considered, as the State Financial Monitoring Service of Ukraine was created as such a unit. The content of the concept of “law enforcement agencies” is revealed by analyzing the legislative and doctrinal definitions, as well as clarifying which tasks-functions certify the law enforcement nature of the activity and allows to refer a body to the category of law enforcement. The author’s vision of the category “law enforcement agencies” is given. The essential signs of legalization of criminal proceeds are singled out. It is established that at the doctrinal level money laundering can be considered in material, procedural, economic and legal aspects. It is concluded that the interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering means regulated and agreed under a number of conditions the activities of these entities, which are independent of each other, which is carried out using special methods and carried out in specific forms, in order to counteract the granting of lawful possession, use or disposal of proceeds of crime. Peculiarities of interaction in the context of the researched question are singled out.


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