scholarly journals Circumstances for Committing Crimes in the Banking Sector: Normative and Legal Aspect

2020 ◽  
Vol 91 (4) ◽  
pp. 295-304
Author(s):  
V. V. Korniienko
Keyword(s):  
Criminal Behavior ◽  
Banking Sector ◽  
Central Government ◽  
Legal Aspect ◽  
Criminal Activity ◽  
Legal Regulation ◽  
The State ◽  
Banking Secrecy ◽  
National Bank ◽  
The Impact

The historical way of the development of banking business and the state of its legislative provision, which had an impact on criminal behavior in this area, has been studied. It has been noticed that the responsible officials of banking institutions, due to their high level of education, skillfully used gaps or contradictions in the legislation for the useful purposes of illegal enrichment. They quickly adapt to amendments in normative and legal regulation and invent new schemes of criminal technology. The key factors in the situation of committing crimes in the presented area are: search for opportunities for criminal enrichment by using existing powers; conspiracy of officials of commercial banks with representatives of supervisory agencies (curators from some units of the National Bank of UKraine) in order to cover up criminal activity; development of a plan of financial fraud with representatives of commercial organizations in order to steal the entrusted funds and their further legalization. Typically, such criminal “associations” try to have long-term relationships under the guise of corrupt relations with supervisors and banking secrecy in order to systematically generate illicit proceeds. In case of the risk of detecting criminal schemes, the banking institution may be brought to bankruptcy, which is used as the method to hide traces of criminal activity. Analysis of the impact of regulatory factor in the context of committing economic crimes in the banking sector is a perspective and relevant area of further research. In this regard, the development of the doctrine of forensic forecasting in conditions of instability of processes in the economy in its individual segments (lending, currency regulation), weak control over the conduct and accounting of banking transactions, etc. is of great importance. Equally important is the development of cooperation between law enforcement agencies involved in the fight against crime in the banking sector, with the units of the National Bank, the State Fiscal Service and financial monitoring; the improvement of the methodology of conducting certain types of examinations, etc. Provisions for such cooperation are enshrined in law and are in force, but some need to be revised in the light of central government reforms.

scholarly journals Editorial

2007 ◽  
Vol 6 (2) ◽  
pp. v-vi
Author(s):  
Leena James
Keyword(s):  
Information Technology ◽  
Public Sector ◽  
Social Movement ◽  
Banking Sector ◽  
Work Process ◽  
The Public ◽  
Customer Base ◽  
Public Sector Banks ◽  
National Bank ◽  
The Impact

The eleventh issue of Ushus brings to you a wide variety of scholarly articles encompassing socio-economic and managerial issues. The first paper "Information technology and banking sector with reference to customer satisfaction" focuses on the impact of automation of the public sector banks as per the reflections of the bank officials and the customers. The crest of the article lies in the fact that the customers are being able to keep abreast with the exchange of automation in the modern banking practices and the survey brings out their perception towards it and throws some light on the effective ways to deal with this crisis. The study concludes with the analytical results that public sector bank customers have a positive inclination towards technological upgradation but the banks need to be more flexible in their work process and focus on marketing themselves in order to entrap a larger customer base. The paper titled "Administration of micro-credit by national bank" talks about the successful micro-finance initiatives taken by NABARD how aptly they had been implemented and evolved as a sustainable social movement over a decade now.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Special courtroom as an element of child-friendly justice: organizational and legal aspect

2021 ◽  
pp. 16-26
Author(s):  
Pavlo Parkhomenko
Keyword(s):  
Legal Aspect ◽  
Children's Rights ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Children’S Rights ◽  
European Court ◽  
Child Friendly ◽  
Basic Approaches ◽  
The Impact

The entry of a child into the sphere of justice, regardless of its status, requires the creation of such conditions that would minimize the possibility of the impact of negative factors in the process of administering justice on the child himself. In this regard, one of the effective and important elements in the child-friendly justice system may be the organization of a special courtroom, which would be adapted to hear cases involving a child, which is not widely used in national practice and does not have the appropriate legal regulation in general. In addition, to date, there are no studies that would reflect the problems of organizing a courtroom, in which it is possible to try different categories of cases with the participation of the child. The article attempts to conduct a theoretical and legal study of existing international standards and national legal regulation of the organization of child-friendly courtrooms, identifying the basic elements for its creation, through which it is possible to formulate basic approaches to the administration of child-friendly justice. The author stressed that international standards refer to the components of child-friendly justice, including the issue of creating the most comfortable conditions for the child in the courtroom and directly during the hearing. To substantiate the conclusions, we analyzed the national case law and the case law of the European Court of Human Rights, which demonstrates cases of violation of children's rights by not creating appropriate conditions for the trial of children, and emphasizes the importance of the situation in which the trial took place. from litigation involving adults. Positive practices of organization of special courtrooms in some courts of Ukraine are given. Based on the analysis, it was found that the issue of arranging a courtroom friendly to children has no legislative and departmental regulations, in connection with which proposed ways to address the legislative gap in this direction and guidelines for organizing a special courtroom, which is positively assessed. Рrovided children who were invited to court and who had the opportunity to compare the general courtroom and the special. Keywords: international standards, children's rights, child-friendly justice, child interview, courtroom.

scholarly journals RUSSIAN PUBLIC SECTOR REFORM: THE IMPACT ON UNIVERSITY ACCOUNTING

2008 ◽  
Vol 9 (2) ◽  
pp. 133-144 ◽  
Author(s):  
Konstantin Timoshenko
Keyword(s):  
Public Sector ◽  
Financial Management ◽  
Central Government ◽  
The State ◽  
Management Tool ◽  
Accounting System ◽  
Russian State ◽  
Public Sector Accounting ◽  
The University ◽  
The Impact

The last few decades have witnessed substantial efforts to reinvent the state worldwide. The Russian state is no exception to this global trend. At the outset of a new millennium, the need for renewal of the post‐Soviet model of the state has been acknowledged, and an up‐to‐date reform package has been promoted by the central government. This has encompassed the reconstruction of public sector accounting. Given the paucity of consistent research efforts on the topic, this article seeks to describe and analyze, and by so doing, contribute to knowledge about Russian public sector accounting in times of change. To tackle the general purpose, two levels are incorporated in this study to link reform initiatives for the government as a whole with those endeavours to implement them in one state‐sponsored university of Russian tertiary education. The major questions to be addressed are of whether, why, and how changes at the central government level have penetrated down to the university and extended to its accounting system. The evidence gathered in this paper reveals that a new Russian public sector ideology has markedly been affected by overseas developments in the shape of large international organizations. However, no compelling evidence has been documented in this research as unveiling that changes at the macro‐level have penetrated down to the university to any significant extent. This study concludes that launching a new version of accounting by the Russian state can be regarded as more of a symbol of legitimacy for the university rather than of an actual financial management tool.

scholarly journals Determination of the criteria of destructiveness in the activities of new religious movements (theoretical and legal aspect)

2021 ◽  
Vol 26 (4) ◽  
pp. 209-215
Author(s):  
Vera B. Romanovskaya ◽  
Bika A. Immayeva
Keyword(s):  
Legal Aspect ◽  
Social Activity ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Religious Associations ◽  
Legitimate Interests ◽  
Conducting Research ◽  
The One ◽  
Health Rights

The confessional composition of modern society is characterised by great diversity. In addition to traditional religious organisations, new (non-traditional) religious and socio-spiritual movements operate in it, representing a whole spectrum of religious, quasi-religious and pseudo-religious cults, whose teachings and practices can be both destructive and constructive. In carrying out legal regulation of the activities of religious associations, the state must, on the one hand, ensure the freedom of conscience and religion guaranteed by the Constitution, and on the other hand, protect society from destructive cults that can harm morality, health, rights and legitimate interests of citizens, the constitutional order and security of the state. Therefore, one of the most important tasks of modern social sciences, including legal ones, is the study of the spiritual «temperature» of society; conducting research aimed at identifying the causes of negative and positive processes occurring in the spiritual sphere of society, as well as determining the specifics of non-traditional religiosity as a special form of social activity. Based on the analysis and interpretation of rich empirical material, the authors formulated a list of criteria by which one can separate destructive (totalitarian) sects from new religious or intellectual (spiritual) movements of a positive nature. The proposed list of criteria can be used by law-making and law enforcement bodies in the framework of improving the legal regulation of the activities of religious associations and building state-confessional policy in general.

scholarly journals FINANCIAL MARKET STABILITY – KEY LEVER ECONOMIC DEVELOPMENT OF THE STATE

2021 ◽  
Author(s):  
Inna Aleksieienko ◽  
Svitlana Leliuk ◽  
Olga Poltinina
Keyword(s):  
Gross Domestic Product ◽  
Financial Market ◽  
Banking Sector ◽  
Equity Capital ◽  
The State ◽  
Capital Adequacy ◽  
Domestic Product ◽  
Bank Capital ◽  
International Liquidity ◽  
The Impact

Economic issues of the state's development at the present stage, largely depend on the development of the financial sphere. That is dictated by the reduction of the role of the real sector in the economy of the development of the state. Based on the experience of developed countries, we can state that the functioning of the effective banking system is the lever of development of the country's economy. The modern Ukrainian economy still cannot demonstrate the adequacy of the development of the financial market. The banking sector is most effective in this area. The issue of regulating the adequacy of bank capital is also relevant for the Ukrainian economy. The solution of this issue, to a certain extent, is embedded in the process of Ukraine's implementation of international standards for regulating the activities of banks. In this direction, the NBU has developed a program of measures to update regulatory requirements for banks. The paper argues the feasibility of a bank-centric financial market model for Ukraine. An analysis of the dynamics of the formation of bank capital has been carried out. The indicators of its sufficiency are considered separately. The results of the analysis of the compliance of Ukrainian banks with international liquidity standards are presented. Analysis of banks' capital security, dynamics of its absolute values with the rate of formation of gross domestic product was carried out. The bank's capital adequacy indicators are used as criteria for assessing their stability. The methodology used to assess the relationship between banks' equity and gross domestic product through sensitivity ratio (β). The level of communication between the indicators was determined by the value of the correlation ratio. Separately, an analysis of the impact of banks' equity on the level of gross domestic product for individual periods was carried out. The purpose of this analysis is to find out the peculiarities of banks' activities. As a result, it was proved that there is a connection between the indicator of the level of banks' equity capital and the gross domestic product. Additionally, the article describes the problems that hinder the development of the financial market in Ukraine. Government support for the banking sector is the basis for its development.

scholarly journals Mergers of Banks in Economy – Indian Scenario

2020 ◽  
Vol 8 (6) ◽  
pp. 2855-2859
Keyword(s):  
Banking Sector ◽  
High Rate ◽  
Public And Private ◽  
Bank Merger ◽  
Public Sector Banks ◽  
Private Banks ◽  
International Banks ◽  
History Of ◽  
National Bank ◽  
The Impact

Banking area possesses a significant spot in each economy and is one of the quickest developing sectors in India. The challenge is very high and tough from the worldwide player’s i.e. International banks. On the counter part, both public and private banks are also facing strong competition among themselves to reach the targeted audience. But the worrying factor is Non performing assets are also increasing simultaneously with core business. The result is mergers in the banking sector in order to reduce the NPA. The most recent and largest merger in the history of banking industry took place on April 1, 2017 i.e., State bank of India and its associates banks. And, now the govt. of India announces India’s biggest and largest mega banks merger on august 30, 2019, i.e., merging of 10 public sector banks into 4 large banks. These banks are oriental bank of commerce and united bank of India merging with Punjab national bank; Syndicate bank with Canara bank; Andhra bank and corporation bank merging with Union bank of India; and Allahabad bank merging with Indian bank; This merger will bring nearly a half yearly of all outstanding loans in Indian’s banking sector. This big bank merger will be a good move from the central govt. to reach $5 trillion economy in next 5 years. This merger will help to give some boost to the Indian economy, which is suffering with high rate of NPA’S. In this research paper an attempt is made to know the impact of banks performance after merger will really give acceleration to the economic growth rate or not.

scholarly journals Operational and investigative activities in places of imprisonment: new realities

2021 ◽  
Vol 10 (40) ◽  
pp. 201-211
Author(s):  
Serhii Yehorov ◽  
Taras Shchurat ◽  
Yevgen Polyakov ◽  
Dmytro Tsekhan
Keyword(s):  
Public Involvement ◽  
Synthesis Method ◽  
Criminal Activity ◽  
Social Practices ◽  
The State ◽  
Structural Method ◽  
Political Processes ◽  
Structure And Dynamics ◽  
Factors Influencing ◽  
The Impact

One of the factors influencing the effectiveness of sustainable development of the society is the state of the organization of the fight against crime, which is an integral part of any community. The success of the models of influence on crime chosen by the state depends on: the structure and dynamics of criminal activity in society; the intensity of the processes of self-reproduction of crime; the extent of public involvement in illegal social practices; the impact of criminal structures on economic, and political processes. The purpose of the work is to analyze the nature and structure of operational and investigative activities in places of imprisonment. The research methodology: dialectical method; method of analysis; formal-logical methods; synthesis method; system-structural method; methods of induction and deduction; statistical methods; and method of scientific abstraction. As a result of the study, the authors of the article came to the conclusion that operational and investigative activities in places of imprisonment are specific activities that differ significantly from other areas of operational and investigative activities, and require serious theoretical consideration.

scholarly journals HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS

2020 ◽  
pp. 44-57
Author(s):  
Svitlana Bevz
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
International Treaties ◽  
Integration Policy ◽  
European Union Law ◽  
State Governance ◽  
The Impact

The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.

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