transnational organized crime
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2022 ◽  
pp. 48-61
Author(s):  
Elhoucine Essefi

This chapter aims to investigate advance and relevance of remote sensing in detecting the increasing transnational terrorist and crimes acts. This work should take into the widest definition of transnational crimes and terrorist activities and the link between. Geopolitics has created a favor climate for the setting of transnational crimes and terrorism at the Tunisian-Libyan borders. A possible future scenario is the fall of a military base with high technology arms in the hand of terrorist groups. Remote would be relevant by monitoring of terrorist mobility and their number evolution, arms quality and quantity within the base and the region, linked illegal activities funding terrorist groups (human trafficking from Africa to Europe, arms trade towards Mali, and smuggling).


2021 ◽  
Vol 2 (16) ◽  
pp. 68-83
Author(s):  
Tetiana Oleksandrivna Mykhailichenko

It is examined in the article the provisions of current criminal law in terms of compliance with international legal obligations, which Ukraine has been taken while ratified the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (the Medicrime Convention) in terms of liability of legal entities for the creation and circulation of counterfeit medical products. It was proved that in fact there is no such responsibility, and, therefore, the obligation is not fulfilled. A number of explanatory notes were also analyzed, which determined the range of criminal offenses for the commission of which measures of a criminal nature may be applied to a legal entity. It is established that no obstacles or arguments for non-inclusion in paragraph 1 of part 1 of Art. 96-3 of the Criminal Code of Ukraine there are no pharmaceutical crimes. An analysis of the leading international experience in the implementation of liability of legal entities for these acts, in particular, Spain, Germany and Switzerland. In addition, judgments of foreign states, which proves that pharmaceutical crimes are crimes that can be committed by transnational organized crime. Therefore, the obligation to expand the range of crimes under Part 1 of Art. 96-3 of the Criminal Code of Ukraine follows from the UN Convention against Transnational Organized Crime. It was emphasized that in order to effectively counter the spread of counterfeit medical products, it is necessary to expand the powers of the State Medical Service to control the quality of medical products without prior notice of inspection of business entities (Law of Ukraine" On Basic Principles of State Supervision (Control)" 2007 № 877). It is necessary to bring the national legislation in line with Art. 11 of the Medicrime Convention to escape from all drawbacks due to expansion range of crimes that could help to make responsible the legal entities in criminal law. For this purpose, it is mandatory to add paragraph 1 Part 1 of Art. 96-3 by reference to Articles 305 and 321-1 of the Criminal Code of Ukraine.


Author(s):  
Anna Alvazzi del Frate ◽  
Emile LeBrun ◽  
Christian Ponti

This paper focuses on the long-term objective of the Firearms Protocol supplementing the United Nations Convention against Transnational Organized Crime to reduce certain kinds of armed violence associated with the misuse of firearms. More than 15 years after the Protocol has come into force, the authors ask how its possible impacts on armed violence might be assessed; indicate key challenges for such an enterprise, and suggest directions for future work in this area, towards the establishment of a measurement tool which could help inform the recently established Review Mechanism of the Protocol.


2021 ◽  
Vol 2 (20) ◽  
pp. 15
Author(s):  
О. V. Tkachova

The study found that the features of modern transnational organized crime are: rapid adaptation to realities, instant response to changes and transformations in life and economy, the ability to improve and adjust the methods and tools used in activities; coordination; rationality; thoughtfulness and systematic actions; systematization; the desire to minimize potential risks and get the most profit and maximum profits. Such models of transnational organized crime as: corporate, trade unions, partnerships, ethnic, network are considered. Modern transnational criminal groups, regardless of model, have been shown to be “well-concealed, well-off criminal communities with a well-defined internal structure, distribution of spheres of influence and functions, and extensive interregional or international ties. It is emphasized that now transnational crime is turning into cybercrime. This is made possible by the fact that it is easier to hide criminal activity on the Internet, anonymity is ensured, and it is possible to act uncontrollably, which, in turn, guarantees security for criminal activity


2021 ◽  
Author(s):  
Amy Weatherburn

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.


2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt

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.


2021 ◽  
pp. 39-50
Author(s):  
DARKO MARKOVIĆ ◽  
IVANA SPAIĆ

In the globalized world that we live in, which is characterized by the intensification of transnational flows of goods, people and capital, and the development of new technologies, parallel to the liberalization of the market, the strengthening of organized crime is taking place. Because of its ability to parasitize on political and financial institutions and in turn spread its branches and illicit business beyond national borders, but also because of the relation to terrorism and the financing of armed conflicts in modern asymmetric conflicts, organized crime has been transformed into a mighty economic power, with the attributes of an armed power as well and the potentials to indeed become that. Starting from the position of relevant international authorities that globalization is fertile ground for the development of organized crime to unprecedented proportions, the aim of this paper is to look for an answer to the question of whether transnational organized crime can be considered one of the most powerful economic and armed powers , and if yes, to what extent, all by analysing the indicators of its power in the context of globalization and the factors affecting its strengthening.


2021 ◽  
Vol 29 ◽  
pp. 97-106
Author(s):  
Salisu Malami ◽  
Nor Anita Abdullah ◽  
Zuryati Mohamed Yusoff

The proliferation of small arms and light weapons (SALW) is gradually and perilously becoming a transnational organized crime. In Nigeria, this peril assumed its delicate stage with incessant killings by Boko Haram insurgents, herdsmen-farmers clashes, kidnappings, communal and religious crisis, and armed robbery. The drift of this threat is the availability of weapons that are trafficked through Nigeria’s porous borders. Regulating the proliferation of small arms and light weapons has been challenged by several factors such as border porosity, inadequate personnel, lack of equipment, lack of data, weak enforcement, stockpile management, local arms manufacturers. Corruption takes center stage and is the focus of this paper. Corruption directly or indirectly is related to other challenges. The paper recommends that corruption must be addressed if all legal and institutional measures for border security and curtailing the spread of weapons in Nigeria are to achieve their objectives.


2021 ◽  
Vol 66 ◽  
pp. 276-283
Author(s):  
V.V. Popko ◽  
E.V. Popko

The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed. The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.


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