Transnational crime: features and basic models

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

Economic and legal methodology of regulation of economic relations: no alternative phenomenon

The article is devoted to the problem of a legally secured attempt to repeal the Commercial Code of Ukraine and thus undermine the legal economic order, exaggerating the importance of certain civil structures of property regulation for the economy. In this regard, the article attempts to present a range of arguments in favor of comprehensive, organic and effective regulation of economic market relations, as well as in favor of effective legal support for the implementation of the state's own economic policy which is economic and legal regulation. Hypothetically, the abolition of the Commercial Code of Ukraine cannot be equated with the abolition of only certain forms of property rights and certain organizational and legal forms of economic organizations. Such an action will lead to the undermining of the entire legal economic order by the universal basic algorithm of which the Commercial Code of Ukraine serves. After all, only it formed the types of economic relations, types of economic activity - commercial and non-commercial management, economic policy and legal principles of its implementation, state regulation of economic activity and a certain classification of its main legal means of influence, the system of economic entities, which provides ample opportunities choose a specific organizational and legal form from a wide range of options, features of the legal status of state and municipal enterprises - the basis of special legal regimes of the state and municipal sectors of the national economy and many other socially significant aspects. Accordingly, the article raises the question of the economic effect of the introduction of the proposed bill, which should be taken into account and proposed for discussion, as its destructive potential is obvious. The article also draws attention to the need for criminological examination of this civil bill, one of the large-scale results of which should be the transfer of ownership from the state and local communities to the ownership of legal entities - companies to the relevant public property

Activities of anti-corruption bodies of Ukraine in the conditions of today: state and main challenges

The article considers the current conditions in which such anti-corruption bodies as the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, and the Supreme Anti-Corruption Court of Ukraine have to operate. Based on the opinions of scientists and experts, it has been established that anti-corruption bodies now face the following challenges: constant pressure from the authorities, irresponsibility of the majority of people's deputies, which makes it very difficult for these bodies to work; most citizens of our state perceive corruption as a relatively simple way to solve problems quickly. Ordinary citizens are accustomed, so to speak, to solving either complex or simple issues (in health care or education institutions, courts and other public institutions) "mainly through bribes to officials of lower levels of government who abuse their official position, using it for the purpose of illegal profit or for other selfish purposes; obvious abuse of power by top officials, misappropriation of state property, land, concealment of wealth. In view of this, corruption has been perceived for many years by scholars and ordinary citizens as perhaps the greatest threat to the progress of socio-economic development of the state, its formation as a democracy. The problem of combating corruption as one of the most dangerous phenomena of modern Ukrainian society, which has penetrated almost all spheres of life, is extremely acute not only in Ukraine but also in many developed European countries, including Italy, Germany, Great Britain, etc.). It has been proved that anti-corruption bodies have never become independent and autonomous in their activities. They are often pressured by the Prosecutor General's Office, deputies, and interfere in the investigation, which, of course, alarms international partners and civil society

Integration of innovative technologies into crime investigation activity is the significant direction of its effectiveness increasing

The article is devoted to the issues of the scientific and technical support of investigative activity. It is emphasized that nowadays fighting cybercrime determines the necessity to develop and implement the scientific and technical means, techniques and methods, as well as apply them to the activity of law enforcement agencies for prevention and investigation of crimes in the field of information and telecommunication technologies. The focus is placed on the fact that the retrieval, recording and investigation of electronic (digital) information in the pretrial investigation and its further use as evidence remain among the pressing and, at the same time, unexplored issues. It was stated that digital forensics is an integral and necessary tool in fighting cybercrime which is used for the identification, preservation, recovery, analysis, and presentation of digital evidence. The conclusion was made that with the spread of cybercrime in the modern world one of the priority directions of scientific and technical support of investigative activity is introduction of the latest means, methods and technologies of electronic intelligence into the work with electronic evidence and also protection of the sources of electronic (digital) information

Understanding phenomena of criminality: from dogmatic views to scientific theories

Criminality accompanies humanity for millennia. Despite the fact that this phenomenon has received much attention from researchers of different times and countries, its joint understanding is still missing. Taking into account the previous experience of cognition of this phenomenon, of course, should be the key to effective preventive action in current conditions. The purpose of the paper is to explore the main approaches in understanding criminality from prehistoric times to the present. It is claimed that historically the first awareness of mankind of socially dangerous behavior occurred during the reign of the primary tribal communities. People’s knowledge of the world around them was minimal at that time, and explanation of incomprehensible and undesirable was based only on the authority of tribal leaders and respect for social traditions. Given the actual lack of scientific and methodological basis as such, this format of views on violations of social norms can be described as a dogmatic approach. Religions have in their arsenal views on unacceptable behavior based on the authority of the Creator. At the same time, in the theological approach there is a variety of interpretations of the causes and essence of forbidden behavior – from purely fatalistic views to the recognition of human free will in the commission of encroachments. Examples in this regard are the Laws of Manu, the Old Testament. Genesis”, Books by J. Sprenger and G. Institoris “The Hammer of Witches”, “The Sum of Theology” by Thomas Aquinas,“Confession” by Augustine Aurelius and others. The scientific approach is characterized by the use of scientific methods of cognition in substantiating theories of criminality. The variety of views here includes theories of social causes, anthropological theories, theories of multiplicity of factors, and others. According to the anthropological direction, the essence of criminality was associated with the manifestation of biological (anthropological) properties of a human (genetic features, endocrine system, mental state, etc.). Sociological direction asserts the influence of social factors as factors in the formation of criminality (internal contradictions, class conflict, social exclusion, stigmatization, etc.). In this regard, there are theories that, along with the circumstances of social content as factors of crime outline also biological (anthropological). It is concluded that in the future understanding of the phenomenon of crime should take place on the basis of a scientific approach

Crime and corruption prevention objects

Under today’s conditions, humanity and all social and state formations, including Ukraine, as part of the world order, is experiencing many changes: we are in a radically new political, economic, spiritual and ideological situation compared to the end of the twentieth century; its main features are socio-economic stagnation, political, cultural, educational and moral-psychological uncertainty, activation of old and the emergence of new stressors at the level of both individual and group (and even mass) consciousness. The complexity and contradictions of socio-economic and political development of our country necessitate the theoretical understanding and development of scientifically sound tools with which to make more effective the process of social interaction, non-criminogenic development of society, crime prevention and counteraction. Without theoretical knowledge that directly serves a specific state-building practice, it is impossible to fulfill a strategic task - to build a democratic state and civil society in Ukraine. Scientists rightly point out that the current criminal situation is characterized by new types of crime, dynamism of development, unpredictability of changes, spread of organized forms and professionalism and the inability of the state to resist corruption necessitates the effectiveness of the fight against crime. The purpose of this article is to study the objects of crime and corruption prevention, to determine their essential characteristics and to separate them from other objects of social reality. The methodological basis of the work is the dialectical method, the application of which allows to study the object and subject of research in their epistemological unity, relationship, as well as differences. The technique used in writing the article consists of several basic methods of scientific knowledge. Using the historical method, historical and general theoretical questions of the essence of the object of crime prevention and corruption are clarified. The use of methods of analysis and synthesis made it possible to separate the objects of prevention from other objects of social reality - this was also facilitated by the use of the structural-functional method. These methods also allowed to investigate the theoretical views on the nature and elements of the object of crime and corruption prevention. The logical-semantic method was used to determine the relationships and mutual influences of crime prevention and corruption objects with other objects. Scientific abstraction and generalization of scientific and theoretical information as a process of establishing general properties and signs, allowed to reach and formulate final conclusions on the subject of research. Based on the considerations set out in the article, it can be noted that the objects of preventive influence on the prevention of crime and corruption are negative phenomena and processes of reality of material or spiritual nature, which lead to causes and conditions conducive to crime. This should keep in mind the properties that are common to such objects, namely: criminogenicity; dynamism; potentiality; latency. Separate objects are objects of victimological influence. Information sources of various origins are covered, which testify to the origins of mass, group, individual victimization and the presence of dangerous victimhood at these levels, to which the theory and practice of victimological crime prevention are directed. , and the special objects of victimological prevention are social and psychological factors of victimization and victimhood as objects of preventive victimological influence at the individual level. Specific objects are the objects of influence in the prevention of corruption, which include: corruption-causing factors; corruption risks in the activities of public authorities, local governments, legal entities of public and private law and their officials; illegal behavior of officials and officials of public authorities and local governments. Thus, a deep and comprehensive knowledge of the nature of criminogenic objects, their scientific, historical and epistemological research will serve as a basis for understanding the danger of this social phenomenon and finding appropriate effective methods, tools and measures to influence it. The state must prevent crime by influencing certain criminogenic objects, which in essence will be the object of crime and corruption prevention at various levels of preventive activities – general social, special criminological, individual, as well as in the implementation of victim prevention measures

System approach in criminal law: achievements and prospects of application

The solution of fundamental problems of criminal-law regulation should be carried out taking into account doctrinal scientific developments and the latest achievements of scientific and technological progress. In this sense, using of a system approach is expanded, which has now received significant instrumental support in the format of information technology and software. A system approach is a methodological direction of scientific knowledge of system objects by means of system engineering, which is implemented in two main areas – in the field of methodology and theory, and in the field of specific applications. The aim of the paper is a comprehensive description of using of system approach in domestic criminal law. The task is to outline the prospects of applying a system approach in domestic criminal law, taking into account the latest technologies of systems engineering. Criminal law in its essence can be understood as a system of information (knowledge) that outlines the criminal offenses’ types and criminal law measures of state reaction to them. As a systemic object, this phenomenon is characterized by several circumstances. System components of criminal law. First of all, the authors are talking about the systemic nature of a crime, according to which the system of criminal law regulation is oriented. The systems are also criminal law provisions. Their structural elements-subsystems are hypothesis, disposition and sanction The system of criminal law has its own structure. The initial elements of its structure are criminal law. This also includes atypical regulations: criminal law constructions, legal presumptions and fictions. According to the degree of generalization, legal norms and atypical normative prescriptions are united into legal institutions. The systemic structure of the studied system object is manifested in the multiplicity of relations between them. System connections of criminal law. In the system of criminal law, informational connections are realized. Functioning of criminal law system in the system environment. Through the mechanisms of rule-making, information from protected social relations is introduced into it from the outside, and through the mechanisms of law enforcement, it affects its environment. According to the system approach, a model of the crime system and the system of the Criminal Code of Ukraine is proposed, developed on the basis of IDEF0 notation

The historical aspect of the systematization of criminalistic knowledge in the countries of the world

The article is devoted to the history of formation of criminalistics knowledge in different countries of the world. Some issues of the history of systematization of forensic knowledge have been studied by such scientists as R. S. Belkin, M. V. Danshin, V. A. Zhuravel, V. P. Kolmakov, V. O. Konovalova, V. V. Yusupov, V. Yu. Shepitko and al. However, the works do not reveal the historical aspect of systematization and formation of the system of criminalistics knowledge.The purpose of the article is to consider issues related to the history of systematization of criminalistics knowledgeAttention is drawn to the differences in the understanding of different scholars of the system of criminalistics knowledge in different historical periods. The process of systematization of criminalistics knowledge in different countries of the world is analyzed. Issues related to the formation of a system of criminalistics knowledge are outlined.The history of systematization of criminalistics knowledge covers several stages. Scientific works are characterized, which contain a certain system of criminalistics knowledge proposed by various authors. Yes, one of the first to summarize and classify criminalistics knowledge was Hans Gross. Also in different countries of the world, scientists have proposed their vision of the system of criminalistics knowledge. In particular, in the works of Uils William, A. Chebyshev-Dmitriev, RA Reissa, S.M. Tregubov, E. Locar, etc., as well as in many legislative acts of France, England, Scotland, North America contain criminalistics recommendations for the investigation of crimes

The patient's order as a separate manifestation of his will

The article analyzes the issues of the patient's will in medical relations, it is proved that it is due to the expression of will to the proposed treatment (consent or refusal) that the patient is a full active participant in this relationship. However, his inability to express his will, temporary or irreversible, caused by the development of the disease, the peculiarity of its course may be an obstacle to determining his real desire for future treatment, medical intervention and jeopardize the violation or inability to exercise the patient's right to consent or refuse medical intervention. To avoid this, there is a certain legal institution in the legislation of a number of countries around the world, through which it is possible to plan your treatment in advance, to refuse it, in case of inability to do so in the future. In some legal systems, this institution has different names - "wishes made earlier", "medical will", "patient's will", "power of attorney to make decisions on health care", "patient orders" and so on. The paper analyzes the content of this institute, considers the views of scholars on it, made a comparative analysis with the legal construction of the "testament" and concluded that there are significant differences between these constructions, which makes it impossible, from the author's point of view, to call this will "testament". . It is proposed to consider such a will as one of the patient's rights - "patient order", which is made in writing by an adult - the patient, regardless of the type and stage of the disease in case of possible future inability to consent to medical examination, intervention or treatment. The patient has at his disposal not only his will for the future (list of medical procedures that are allowed to be performed in relation to his health, which are not), but also the case when it can be used (for example, coma, autonomic state). It is impossible to conclude it through a representative, because in this case the will of the patient is unknown. This order is executed by proxies (relatives, close persons, representatives, doctors, etc.). Despite the fact that in Ukraine today this legal institution is absent, the main directions of recoding of civil legislation indicate the possibility of its appearance in the updated legislation

Surrogacy in international private law and public law aspects

The proposed article is devoted to the issue of surrogacy in its international private law and public law aspects. The complexity and multidimensionality of issues, the emergence of which is due to the birth of children as a result of agreements on surrogacy, have been investigated. Taking into account the three main approaches to the problem of surrogacy existing in the world, namely: the first is a number of states and organizations that categorically deny the very possibility of trade in the context of surrogate motherhood, noting that the child is not talking about any deal; the second approach is that a significant number of stakeholders express concern about the potential merger of surrogate motherhood and child trafficking, which could lead to the criminalization of surrogate mothers and future parents, as well as possible violations of the right to sexual and reproductive health; the last group is a number of states and organizations that have spoken out in favor of a complete prohibition of surrogacy without any restrictions, the consequences of such approaches have been analyzed. Within the framework of this article, the author considers it appropriate to cite the position of the UN Special Rapporteur on the sale of children and the sexual exploitation of children, including child prostitution, child pornography and the production of other materials on sexual abuse of children, the Permanent Bureau of the Hague Conference on Private International Law, as well as the European Court of Justice on human rights on the issues considered. The article draws a number of conclusions. First of all, compliance with the recommendations of the Special Rapporteur requires the adoption of urgent measures to prevent violations of the rights of all participants in a surrogacy relationship due to their vulnerability. Also, regarding the lack of regulation of these legal relations at the level of law within the jurisdiction of Ukraine, the author expresses his opinion about the certain justification of such a situation until a unified normative act is adopted based on the results of the work of the Hague Conference on Private International Law. Harmonization of legal norms at the national and international levels will allow in the future to avoid conflicts in relations of cross-border surrogacy, taking into account the issues of child trafficking, non-discrimination and the right to health of children born through surrogacy, citizenship, name and family ties in the framework of respect for the child’s right to preserve his identity, as well as access to information on origins and rights to family life, etc