Penalties for economic crimes in the criminal laws of the UK and the USA

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

Legal assessment of signs of the subjective part of office-economic crimes in the sphere of implementation of the national project “Healthcare”

This study is a study of the peculiarities of the subjective side of service and economic crimes in the framework of the implementation of the national project «Health» through the analysis of judicial acts, as well as the provisions of the domestic doctrine. The main result of the study was the identification of the author’s signs of the subject’s intent when committing socially dangerous acts in the area under consideration.

Investigation of economic crimes: the birth of a scientific school

The article examines the initial stage — the birth of the scientific school "Criminalistics means of ensuring the economic security of Russia". The significant features of the School are stated, scientific and methodological tasks of forming a model of the mechanism of criminal activity are revealed. At the same time, the following dependencies are asserted: 1) the mechanism of criminal activity in the economic sphere depends on the environment of functioning; 2) the investigation methodology depends on the structure and content of the forensic characteristics of an economic crime.

Akibat Hukum Pada Pemisahan Simpanan Dari Nasabah Bank Saat Likuidasi Untuk Memperoleh Jaminan Dari Lembaga Penjamin Simpanan

Abstrak. Penelitian dalam artikel ini menjelaskan tentang adanya celah hukum yang terkait dengan kontrak penjaminan simpanan LPS terhadap syarat dan ketentuan penjaminan simpanan nasabah. Praktiknya perilaku pemecahan dana simpanan belum ada aturan lebih lanjut, sehingga muncul pertanyaan apa akibat hukum pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminan dari LPS. Artikel ini adalah penelitian hukum dengan memakai pendekatan perundang – undangan dan pendekatan kasus. Teknik analisis memakai metode interpretasi gramatikal dan sistematis. hasil penelitian ini, penulis berpendapat pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminanan dari LPS adalah tindakan nasabah yang diuntungkan secara tidak wajar, sesuai pasal 19 ayat (1) huruf b Undang Undang tentang LPS dan terdapat unsur pidana penipuan, tindak pidana di bidang perbankan, dan tindak pidana ekonomi. Akibat hukum pemecahan dana simpanan oleh nasabah BDL untuk dapat penjaminan dari LPS, yaitu hak nasabah (nasabah yang tidak melakukan tindak pemecahan dana simpanan untuk mendapatkan penjaminan dari LPS ) untuk mendapat penjaminan simpanan secara adil, hak LPS untuk tidak melakukan (omission) membayarkan penjaminan simpanan nasabah yang melakukan pemecahan dana simpanan, dan hak pemerintah untuk melakukan (commission) menjaga stabilitas perbankan dari tindakan pemecahan dana simpanan oleh nasabah dengan tujuan dijaminkan simpanannya. Abstract. The research in this article describes the existence of legal loopholes related to the LPS deposit guarantee contract against the terms and conditions of customer deposit insurance. In practice, there is no further regulation on the behavior of splitting deposit funds, so the question arises what are the legal consequences of splitting deposit funds by BDL customers to obtain guarantees from LPS. This article is a legal research using a statutory approach and a case approach. The analysis technique uses a grammatical and systematic interpretation method. the results of this study, the authors argue that the breakdown of deposit funds by BDL customers to obtain guarantees from LPS is an act of customers who benefit unreasonably, according to article 19 paragraph (1) letter b of the Law on IDIC and there is an element of criminal fraud, criminal acts in the banking sector , and economic crimes. The legal consequences of splitting deposit funds by BDL customers to obtain guarantees from LPS, namely the right of customers (customers who do not perform the act of splitting their deposit funds to obtain guarantees from LPS) to obtain a fair deposit guarantee, the right of LPS not to (omission) to pay deposit guarantees customers who split their deposit funds, and the right of the government to undertake (commission) to maintain banking stability from the act of splitting their deposit funds by customers with the aim of securing their deposits.

Problems of Detecting Economic Crimes in Ukraine (1996–2021)

Criminological investigation of correlation between corruption and organized economic crime testifies that organized crime and corruption first of all endangers national security of Ukraine, its further development, ensuring constitutional system, proper functioning of all political-economic system. That is why not accidentally the Decrees of the President of Ukraine “On Complex Earmarked for a Specific Purpose Program for Fighting Criminality” and “On Complex Program in Preventing Criminality” define fighting organized crime and corruption in an economic sphere as one of priority directions. Detecting of organized crimes committed under not obvious circumstances is a complicated and multifactored. The necessity of quick and correct solving informational, methodological, tactical, psychological, technical and many other issues predetermined active participation of inquiry and search workers, the Security Service, militia, its operative detachments, the Procurator’s Office, experts, professionals, and the public. That is why a complex approach to fighting crime, including economic one, needs further development, also improvement in co-operation between all law-enforcement and controlling organs is needed. The work in this direction should be considered one of priorities for state organs nowadays and in future.

Federal Accounting Standard (FSBU) 5/2019 – Inventories: An investigation of commodity operations during forensic auditing

Subject. This article focuses on accounting expertise that holds a unique position in the system of effective economic crimes and infringement prevention. Objectives. The article aims to identify the impact of the new Federal Accounting Standard (FSBU) 5/2019 – Inventories on the procedure for conducting a forensic accounting examination of commodity transactions in trade. Methods. For the study, we used a comparative analysis, systematization, induction and deduction. Results. Based on the research results, the article proposes a definition of the subject of forensic accounting examination of commodity transactions, and it reveals that the introduction of FSBU 5/2019 – Inventories into accounting practice contributed to the emergence of such examination objects as the fair value of goods and their impairment. The article also proposes to use in the activities of a forensic expert accountant the author-developed algorithms for conducting expert examinations. Conclusions and Relevance. The implementation of FSBU 5/2019 introduces new objects of forensic accounting examination of commodity transactions in trade, so the proposed algorithms for expert examination will contribute to optimizing the activities of the forensic expert accountant. The results of the study can be applied both in the theory and practice of forensic economic expertise.

Criminal Law Sanctions and the Practice of Their Implementation in Counteracting Some Crimes of Corruption

When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.

Intelligent Application of Artificial Intelligence Internet of Things Technology in the Economic and Legal Fields

In today’s globalized situation, people on the one hand enjoy the great convenience brought by the Internet and artificial intelligence Internet of Things (IoT) technology, and, on the other hand, they are also inevitably subject to a series of harms brought by network technology. Internet economic crime is a new type of crime based on Internet technology. Criminals use Internet technology to conduct illegal visits and Trojan horse program attacks, steal user information, and defraud victims of money. This has resulted in the people’s personal and property safety and social harmony and stability. Strictly cracking down on cyber economic crimes in accordance with the law is of great significance to safeguarding the interests of the people and maintaining social stability. However, as the methods and forms of cyber economic crimes emerge endlessly, it is very important to collect intelligence information on such crimes. This paper proposes using the sensor technology, embedded system technology, radio frequency automatic identification technology, and cloud computing technology in artificial intelligence Internet of Things technology to design and build a data-mining-based network economic crime intelligent information aggregation collection system to realize network economic crime intelligence of aggregation and analyze and help combat cyber economic crimes. This article takes cyber economic crime cases in various cities in our province as an example, selects 9 cyber economic criminals’ intelligence information as sample data, and tests and applies the designed cyber economic crime intelligence information system. The final results show that the numbers of cyber economic crime cases in four cities A, B, C, and D in four provinces are roughly the same, but city A has the largest number; the minimum confidence of the 9 criminals is above 0.60, indicating that the economic crimes of cyber economic criminals are related to their academic background and family status and criminal history are related to a certain extent; illegal fund-raising fraud and online credit card fraud account for the largest proportion of the four cities and are currently the main forms of online economic crime.

CURRENT TRENDS IN BRINGING TO CRIMINAL RESPONSIBILITY FOR OBSTRUCTING LEGITIMATE ENTREPRENEURIAL OR OTHER ACTIVITIES IN THE LIGHT OF THE CONCEPT OF PROTECTING THE RIGHTS OF ENTREPRENEURS

In the modern doctrine of criminal law, a detailed study of economic crimes located in Chapter 22 of the Criminal Code of the Russian Federation revealed a certain tendency of the absence of system-forming signs of this group of criminal encroachments. A serious analysis of the signs of the corpus delict provided for in Article 169 of the Criminal Code of the Russian Federation was carried out in order to further improve them. The purpose of this work is to study the legal potential of the article and the factors that prevent the implementation of its provisions in practice. Achieving this goal is possible by solving such tasks as identifying the legal nature of objective and subjective signs of a crime under Article 169 of the Criminal Code of the Russian Federation, studying the problems of applying this article and identifying possible ways to resolve them. The relevance and significance of the existence of this corpus delict for the protection of the interests of an entrepreneur in the Russian Federation is established. The problems of judicial practice that prevent the real application of the provisions of Article 169 of the Criminal Code of the Russian Federation are identified. The emphasis is placed on the involvement of officials in the commission of criminal acts against business entities. Some changes in the criminal legislation are proposed, which will exclude the identification of the provisions of Article 169 of the Criminal Code of the Russian Federation with the category of "dead" norms. In this regard, it seems quite justified to consider in more detail the provisions of Article 169 of the Criminal Code of the Russian Federation, which provides for liability for obstruction of legitimate entrepreneurial or other activities.

Бесхозяйственность и хищения колхозно-кооперативной собственности в колхозах Башкирии в конце 1960-х – первой половине 1980-х гг. как системное явление

Introduction. The late 1960s and the first half of the 1980s saw a significant growth of the tendency for mismanagement and misappropriation of socialist property in the kolkhozes (collective farms) of Bashkiria. Such forms of antisocial and criminal behavior of the citizens appears to be a relevant subject. The aim of the present article is to analyze the issues of mismanagement and theft of socialist property in the kolkhozes of Bashkiria in the late 1960s — the first half of the 1980s. In this aspect, several lines of research have been identified: i) to analyze the forms of illegal use of funds and of material values of the farms, examining the phenomena in their dynamics; ii) to examine the work of the control and auditing bodies in the farms; and iii) to analyze a complex of measures taken by the party, state, and other supervisory bodies to counter the growth of economic crimes in kolkhozes. Sources. The archival documents from the National Archive of the Republic of Bashkortostan help to draw a detailed picture of the dynamics in the growth of mismanagement and stealing of collective farm property in Bashkiria, as well as of measures taken to counter these negative phenomena. Methods. The thematic chronological research method proved to be relevant for the analysis and identification of the issues related to the preservation of social property in the farms of Bashkiria, as well as of measures taken by the authorities to stop the facts of misappropriation and mismanagement. The principles of objectivity and historicism applied to a concrete historical situation made it possible to draw a non-partisan picture of the period in question. Results. The research has shown that during the period under study criminal mismanagement in the region took place in many collective farms, accompanied by numerous thefts of socialist property and this happened despite measures taken by the authorities. These crimes were often committed by representatives of the economic nomenclature, who had unlimited access to resources. Conclusion. Between the late 1960s and mid-1980s, the thefts of socialist property and mismanagement events in the collective farms of Bashkiria acquired an intractable systemic character, fostering antisocial sentiments in the rural section and society at large.