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.

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.

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.

Organizational preparation of central public administration bodies to manage the implementation of defense tasks Part III. Concept of tasks and organization of the organisational units of administrative offices of chief bodies of government administration for the management of the implementation of defence tasks

Such bodies as the Council of Ministers, the Prime Minister and ministers in charge of departments of government administration, in order to exercise competencies in the field of defence, should have the ability to perform administrative functions to satisfy missions, goals and tasks in this matter assigned to them by the legislator. Their authority and duties in the defence field are closely related to their authority and duties in other areas of national security, so there is a need to arrange the organisational units set up for this purpose in such a way that their scope of action includes matters corresponding to the authority’s competence in the field of national security and defence, taken as a whole. Given the rank of the Council of Ministers and the Prime Minister in Poland, and their competencies in the area of national security, urgent changes are required to adapt the organisational units of the Chancellery of the Prime Minister (KPRM), and above all the Government Centre for Security (RCB). The RCB needs to be transformed so that it is able to fulfil the role of a national security and defence headquarters under the Council of Ministers and the Prime Minister. It would be an analytical-planning-coordination office, ensuring staff coordination of coherent, uninterrupted and continuous state activities in the field of state security and defence. Innovation in this respect would be accompanied by minor changes in the jurisdiction and structure of the organisational units comprising the KPRM. Following this, given the existing needs identified in the previous articles in this series, it seems necessary to make changes in ministries to implement a unified model of a national security organisational unit (e.g. Department for Security and Defence Affairs). In principle, these units should have similar missions and composition in all ministries, but some reasonable exceptions would occur in the Ministry of National Defence and the Ministry of the Interior and Administration. In others, there are and should be separate departments specific to those ministries (e.g. combating economic crime, international security policy, nature conservation, air protection and others).

"PROHIBITATIVE DECREES" OF PETER I IN THE CONTEXT OF THE RUSSIAN ECONOMY OF EARLY MODERN TIME

In 1713-1721 Peter the Great issues a series of interrelated and complementary decrees aimed at the curbing of corruption. In the office documentation of those years, they were called “prohibitive”. At the same time, the tsar is taking energetic organizational measures designed to ensure the practical implementation of this legislation. The author wonders why it is during these years that the monarch is launching an unprecedented fight against corruption. The answer is seen in the fact that this legislation was caused by serious changes in the Russian economy, which gave rise to large-scale and systemic economic crime. First of all, these changes have occurred in the field of finance and taxes. They were associated with the saturation of the national economy with money, the transfer of most of the taxes and fees into monetary form, and the widespread practice of public procurement. The intensification of cash flows with weak control by the state, the access to state funds opened by both officials and private individuals led to a sharp increase in the criminalization of the economy. Thus, Peter's “prohibitive” decrees became not only a reaction, but also an important indicator of economic changes; they designated corruption as a systemic threat to the interests of the state for the first time.

The Impact of the Pandemic on Economic Crime

This paper aims to outline possible directions of criminal activity that are part of both state and global economic crime. It is not a novelty that periods of economic crises carry particular criminogenic potential, affecting the scale and dynamics of specific crime categories. The ongoing pandemic makes precise data collection or statistical calculations, in the context of the problems described in this paper, difficult. Nevertheless, at this stage, it is possible to indicate certain areas which, from the perspective of criminal law, should be of interest for criminal law specialists, but also criminologists aiming to develop tools to combat the most serious pathologies in business trading.

A Few Bad Apples or the Logic of Capitalism?

This article investigates how neoliberal globalization has been mediated through audiovisual narratives since the 2000s. It identifies a cluster of films, produced by and circulating on German public television, which use the generic conventions of the popular crime genre to constitute a sub-genre—the televisual economic crime drama. Using a content and textual analysis that focuses on the backdrop of historical context and genre norms, the article examines key tropes to assess the critical potential of this sub-genre. The analysis demonstrates that both the containment theme of “a few bad apples” and a systemic critique can structure these narratives of neoliberalism. At its best, the televisual economic crime drama argues that alternatives to neoliberalism are possible by referencing Germany’s history of the social market economy and by featuring characters as well as images of active citizenship, solidarity, and collective action in the workplace.

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.