Determinants, principles and perspectives of cooperation between the polish fi nancial supervision authority and the police in economic security and prevention of economic crime — a quest for synergies

2021 ◽  
Vol 143 (3) ◽  
pp. 104-136
Author(s):  
Jacek Jastrzębski ◽  
Kamil Mroczka ◽  
Michał Stępiński
Keyword(s):  
Law Enforcement ◽  
Capital Market ◽  
Economic Security ◽  
Economic Crime ◽  
Financial Supervision ◽  
Bank Supervision ◽  
Insurance Supervision ◽  
Special Service ◽  
Operational Activities ◽  
Enforcement Authority

The Polish Financial Supervision Authority (hereinafter: KNF) is the key element of the economic security system of the Polish State. By establishing the KNF, the Polish legislator applied the concept of integratedfi nancial supervision (covering bank supervision, insurance supervision and capital market supervision) located outside the central bank. The KNF has been vested with a broad mandate, including powers to supervise authorised entities. However, the scope and nature of measures available to the KNF in the prevention of economic crime are determined by the institutional position of the KNF, which has not been established as a law enforcement authority or a uniformed or special service but rather an institution engaged in the fi ght against economic crime by providing expertise, supporting other state services specialised in this area. The KNF and the Offi ce of the Polish Financial Supervision Authority (hereinafter: UKNF) actively support, among others, the police units that fi ght crime in the fi nancial market and work to increase the economic security of the Polish State. Therefore, it is imperative to ensure broad and effi cient cooperation between the police and the KNF. However, such collaboration must not be limited to relations between the institutions’ management; it should also involve, as far as possible, working and operational activities carried out at both institutions by individuals responsible for day-to-day tasks. This paper provides a closer perspective on the formal and organisational framework of said cooperation and discusses its examples.

scholarly journals CRIMINAL POLICY REGARDING CRIMES COMMITTED IN THE SPHERE OF BUSINESS

2020 ◽  
pp. 40-56
Author(s):  
Oleg A. Zaitsev ◽  
◽  
Vladimir P. Kashepov ◽  
Stanislav L. Nudel ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
Legal Protection ◽  
Legal Regulation ◽  
Economic Security ◽  
Economic Crime ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Economic Rights ◽  
Economic Relations

In the article, the authors consider the problems of the formation and implementation of criminal policy in relation to crimes committed in the field of entrepreneurial activity in the context of the development of criminal and criminal procedural law and law enforcement practice. In the Russian Federation, special attention is paid to building trust between government and business; stability and predictability of legal regulation of economic relations; the formation of a law enforcement system that effectively protects economic rights and freedom of entrepreneurship. At the same time, the current norms on responsibility for crimes of an eco-nomic orientation in conjunction with procedural forms of criminal proceedings, as well as their actual implementation, cause justified concern in the science of law and law enforcement practice due to their imperfection. Ensuring the protection of economic relations should be expressed not only in combating economic crime, but also in the development of effective criminal law and criminal procedural mechanisms for protecting the legitimate interests of entrepreneurs who may be involved in the sphere of criminal proceedings. The leading components of Russian criminal policy in the field of economic security are such forms of legislative transformation as criminalization and decriminalization. The ongoing socio-political and economic transformations necessitate the decriminalization of certain acts (for example, in relation to pseudo-business; deliberately false advertising, consumer fraud, etc.) or require the criminalization of certain acts in the economic sphere (in particular, in relation to the falsification of a single state register of legal entities, illegal retail sale of alco-holic and alcohol-containing food products, etc.) The humanization of legislation is substantiated by modern concepts of substantive and procedural guarantees for ensuring the rights of entrepreneurs, aimed at mitigating measures of criminal repression, the need to maintain a balance of private and public interests that need appropriate legal protection. Modern criminal policy is inevitably associated with the further modernization of criminal proceedings, the democratization of its principles and means of law enforcement. At the same time, the main emphasis is placed on the creation of a special, favorable procedural regime in the conduct of preliminary investigation and court proceedings. First of all, this concerns changes in the procedure for applying preventive measures. In addition, in cases of crimes in the field of entrepreneurial and other economic activity, the criminal procedure legislation has undergone changes, fixing the features: the procedure for considering a report of a crime; initiation of a criminal case against entrepreneurs; the performance of procedural actions with electronic media, other items and documents seized in the course of criminal proceedings; release from criminal liability and termination of criminal prosecution, etc. It is concluded that, within the framework of the state's criminal policy, one should expect changes and additions to criminal and criminal procedural legislation aimed at strengthening trust between the government and business, the formation of a fair law enforcement system that can effectively protect basic economic rights and freedom of entrepreneurship.

scholarly journals DIRECTION AND FEATURES OF LAW ENFORCEMENT ACTIVITIES IN THE FIELD OF ENSURING ECONOMIC SECURITY

2018 ◽  
Author(s):  
Галина Крохичева ◽  
Galina Krohicheva ◽  
Алина Куровская ◽  
Alina Kurovskaya
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Economic Security ◽  
The State ◽  
Economic Crime ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Internal Affairs

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.

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.   

Making sure crime does not pay

2018 ◽  
Vol 21 (4) ◽  
pp. 555-566 ◽  
Author(s):  
Tanya Gibbs
Keyword(s):  
Law Enforcement ◽  
Design Methodology ◽  
Economic Security ◽  
Economic Crime ◽  
Future Research ◽  
Government Officials ◽  
Content Type ◽  
The Government ◽  
And Performance ◽  
Practical Implications

PurposeThis paper aims to analyse a new piece of Dubai legislation, Dubai Law No. (4) of 2016: The Dubai Economic Security Centre (DESC) Law, in respect of its role and impact on economic crime mitigation in the emirate and in the country as a whole.Design/methodology/approachThe jurisdiction’s various risks and vulnerabilities were examined to determine weaknesses and gaps in the current legislative and regulatory framework.FindingsThe findings highlight that despite numerous legislative efforts targeting economic crime, bringing economic criminals to justice has remained an issue in Dubai. Creation of the Dubai Economic Security Centre (DESC) may mark a significant change in that emirate’s approach to tackling this issue.Research limitations/implicationsThough the DESC itself is (as of this writing) still in a formative state, it is clearly intended to be a comprehensive response to expedite and streamline investigative processes and mitigate the multi-jurisdictional problems with which law enforcement has hitherto contended.Practical implicationsThe DESC is also intended to serve not only as an informational clearinghouse but also as an organisational entity with significant roles in law enforcement and even legislation.Social implicationsRegardless of its ambitious and promising results, the effectiveness of its organisational structure and performance is yet to be determined.Originality/valueThis research can be beneficial for the government officials in charge of establishment and launch of the DESC, as well as for future research as it points to its potential ambiguities and misinterpretations.

The Concept of Research on Economic Crime in the Context of the Research Task “Optimization of Evidence, Forensic and Operational Activities in Cases of Economic Crime From the Perspective of Law Enforcement Authorities”.

2020 ◽  
Vol 12 (1) ◽  
pp. 45-53
Author(s):  
Monika Porwisz
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Law Enforcement Agencies ◽  
Research Issues ◽  
Wide Range ◽  
Research Task ◽  
Research Concept ◽  
Research Problems ◽  
Operational Activities ◽  
Economic Crimes

The aim of the publication is to outline the concept of research in the area of economic crime, which has been outlined on the basis of the undertaken research issues related to the implementation of the research task, entitled: “Optimization of evidence, forensic and operational activities in cases of economic crime from the perspective of law enforcement authorities”, which will allow to create an effective model for combating it. In the article, current research problems have been identified. The research project will include actions aimed at defining, designing and then determining the possibility of implementing practical tools to increase the effectiveness of law enforcement. An important research element, which is a basis for formulating specific conclusions and recommendations, will be to conduct a survey of opinions and expectations of practitioners concerning the possibilities of improving the detection process. The assumed research concept also involves diagnosing economic crimes (in terms of evidence, forensic and operational aspects). There are cases of evidence-intensive, multi-aspect cases in which the methods of action of the perpetrators constitute a challenge for law enforcement agencies in the legal or tactical aspect. Corresponding to the diagnosed research problems, several research levels have been proposed, such as causes, scale of economic crime, dynamics of crime, methods and mechanisms of committing crimes, and ways of counteracting them. As a result of in-depth research on the phenomenon of economic crime, proposals for specific solutions will be worked out, which may constitute a specific compendium of knowledge on the issues raised. The research concept covers a wide range of issues that correspond to the current challenges in combating this type of crime. A detailed description of the problems, and the research concept adopted allows us to conclude that the results of the research may be theoretically valuable and useful for science and practice. This publication constitutes a preliminarily research concept adopted within the framework of the research task INP-2/2018/P/MP funded by the Ministry of Science and Higher Education.

Threats to the Economic Security of Russia in the Context of Trends in the Development of Africa

2020 ◽  
pp. 112-125
Author(s):  
Alexander I. Selivanov ◽  
Vladimir G. Starovoitov ◽  
Dmitriy V. Troshin
Keyword(s):  
National Economy ◽  
Economic Security ◽  
Economic Transformation ◽  
Economic Crime ◽  
African Continent ◽  
New Developments ◽  
External Threats ◽  
National Economic ◽  
The World ◽  
National Economic Security

Situation and value of the African continent on the economic and social cardmap of the world dynamically changes and will continue to change throughout all the 21st century with strengthening of the Africa positions in the world. In Russia all the complex of threats and problems which arise owing to political and economic transformation of Africa is not adequately estimated. The scientific literature on economic security issues presents an expanded set of internal and external threats to the national economy that goes beyond the traditional areas of the shadow economy, corruption, economic crime and related segments, including the internal economic stability of the national economy and inter-country competition, the quality of state strategic management, studies of the specifics of ensuring economic security in the conditions of the sixth technological order, intercultural communication and their impact on the economic relations between countries, etc. Incomplete use of such approach to strategy for the countries of Africa creates additional threats and risks for Russia. An analysis of security problems in Africa revealed that studies of economic security in the context of African development trends in Russia are conducted in an unsatisfactory volume, not always taking into account the results of new developments in the field of ensuring economic security. Even the large shifts happening on the African continent, forecasts of this dynamics sometimes are poorly known to experts of a profile of economic security, and many experts of an economic profile including working in the African subject often do not accurately distinguish problems of “economic cooperation” and “the Russian – African relations”, on the one hand, and “economic security of Russia” – with another. In this regard the new scientific problem is proved: need for deeper analysis of trends of economic and social development in Africa as an important component of a system of ensuring national economic security of Russia in the current period and in the future into account the new developments in the sphere of economic security. The main directions of activating scientific research and concentration of practical efforts to increase national economic security, neutralize threats and reduce risk for Russia in the designated context are formulated.

Stages and methods of legalization of criminal proceeds obtained as a result of economic and tax crimes

2020 ◽  
Vol 2020 (3) ◽  
pp. 148-156
Author(s):  
Pyotr Ivanov
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Economic Security ◽  
Theory And Practice ◽  
Scientific Publications ◽  
The Subject ◽  
Points Of View ◽  
Internal Affairs

In this article, based on the study and analysis of operational-search legislation, scientific publications, law enforcement practice and the criminal situation in the field of legalization, the operationalsearch counteraction to the legalization of income received from the Commission of tax crimes is considered. The paper focuses on the stages (stages) of laundering, the existing points of view on this account, as well as on the methods of illegal withdrawal of funds abroad. The author of the article aimed to develop scientifically based proposals and recommendations for improving the effectiveness of this type of activity by the territorial bodies of internal Affairs and their divisions of economic security and anti-corruption. It is proposed to put forward and work out operational search versions within the subject of study, as well as to develop, taking into account the methods (schemes) used by criminals to launder criminal proceeds and illegally withdraw funds abroad for the purpose of their subsequent legalization, operational search measures to document their criminal actions. In addition, the author recommends constant monitoring of money laundering methods based on operational and investigative practices. The results and key conclusions formulated in this article can be used in the theory and practice of operational investigative activities of internal Affairs bodies to counteract the legalization of income received from tax crimes.

Statistical study of the economic security of the Moscow region

2021 ◽  
pp. 179-191
Author(s):  
Д.В. Дианов ◽  
И.С. Каблуков
Keyword(s):  
Sustainable Development ◽  
Applied Research ◽  
Statistical Study ◽  
Research Work ◽  
Economic Security ◽  
Economic Crime ◽  
Moscow Region ◽  
Key Factors ◽  
Social Significance ◽  
Internal Affairs

Предлагаемая статья посвящена отражению основных полученных результатов научно-исследовательской работы, выполняемой в рамках прикладных исследований органов внутренних дел по выявлению и анализу факторов экономической преступности в регионах страны, и охватывает аналитические аспекты оценки и интерпретации закономерностей, оказывающих влияние на экономическую безопасность Московской области, а также вопросы моделирования тенденций, закономерностей и прогнозирования основных факторов, имеющих наибольшую социальную значимость в области обеспечения безопасности и устойчивого развития региона. The article investigates the main results of research work carried out within the framework of applied research of the internal Affairs bodies to identify and analyze the factors of economic crime in the country's regions, and covers analytical aspects of the assessment and interpretation of laws impacting on the economic security of the Moscow region, as well as modeling of trends, patterns and predicting the key factors that have the greatest social significance in the field of ensuring security and sustainable development of the region.

Flag Verification on the High Seas: Understanding Requirements for Masters and Commanders

2015 ◽  
Vol 30 (2) ◽  
pp. 335-360 ◽  
Author(s):  
Angeline Lewis
Keyword(s):  
Law Enforcement ◽  
Reasonable Doubt ◽  
Law Of The Sea ◽  
Evidence Based ◽  
Objective Evidence ◽  
United Nations Convention ◽  
Enforcement Authority ◽  
The Right ◽  
Proper Balance ◽  
High Seas

Operational reporting from the Middle East indicates that the exercise by warships of a right of visit on the high seas, in order to verify the flag of the boarded vessel, is an important part of contemporary maritime enforcement operations. However, this reliance on ‘flag verification boardings,’ pursuant to Article 110 of the United Nations Convention on the Law of the Sea 1982, challenges the proper balance of law enforcement authority against the traditional freedom of navigation. It is therefore necessary to establish clearly for both civilian masters and warship commanders where the evidentiary threshold for reasonable doubt as to the nationality of vessels lies, so as to justify non-consensual visit and search by a foreign warship. This article makes an objective, evidence-based assessment of the threshold, concluding with a caution against over-stretching the right of visit to accommodate law enforcement purposes not envisaged in the drafting of Article 110.

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.

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