scholarly journals APPLICATION OF THE LAW AND PREVENTION OF ECONOMIC CRIME IN KOSOVO

2019 ◽  
Vol 30 (6) ◽  
pp. 1491-1495
Author(s):  
Arsim Dragaj ◽  
Alban Maliqi
Keyword(s):  
Social Relations ◽  
Social System ◽  
Doctoral Degree ◽  
Criminal Code ◽  
The State ◽  
Economic Crime ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
International Stability

The issue, which we will be treated economic criminality and its features. Economic criminality, as a shaft theme, will be analyzed in several respects. In this paper of doctoral degree will be treated the economic criminality, which in the criminal code of Kosovo is defined as a criminal offense against the economy. Some of the criminal offenses against the economy will be analyzed along with their general and specific characteristics and will also be treated the penalties foreseen for these criminal offenses. Especially will be treated thee factors and causes that influence the occurrence of this criminality separately. Economic criminality has a degrading effect on the contemporary social system and regulation of the state. This kind of criminality as such as it is, poses a threat to Kosovo's stability and international stability, so the limits of the extent of economic criminality, we can say, there are not the country's borders. In Kosovo, economic criminality continues to be a very present and very negative phenomenon that is trying to emulate the development and consolidation of the state of Kosovo. The damage that comes as a result of economic criminality is far greater than any expense incurred for combating and preventing this phenomenon. Economic criminality is a dangerous phenomenon for society, as this kind of criminality is affecting the economic system and the economic and social relations of the country. Since the title of this issue is "The Forms and Causes of Economic Crime in Kosovo for the Period 2008-2011", so for the purpose of recognizing the presence and presence of this kind of criminality in Kosovo will be presented a criminal offense economic crime for the period from 2008 to 2017. In continuance there will be treated the procedural aspect and the role of the competent bodies for prosecuting, preventing and combating economic criminality such as the police, the prosecution and the court.

scholarly journals INTERACTION OF INVESTIGATOR WITH EXPERT SUBDIVISIONS DURING THE INVESTIGATIVE EXPERIMENT IN THE INVESTIGATION OF VIOLATIONS OF TRAFFIC SAFTY RULES OR TRANSPORT OPERATION

2020 ◽  
pp. 424-433
Author(s):  
А. О. Чичиркін
Keyword(s):  
Traffic Safety ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Organizational Skills ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Procedural Time ◽  
Safety Rules

During the investigation of criminal offenses related to violation of traffic safety rules and operation of vehicles, conducting an investigative experiment is one of the mandatory investigative (search) actions, which requires the investigator to concentrate mental and organizational skills and a significant amount of procedural time within the pre-trial investigation, which can be properly ensured through interaction with expert units. In this category of criminal proceedings, the investigative experiment is a source of information on the parameters and characteristics of the accident, which can not be obtained in other ways, and without which many important expert tasks can not be solved during forensic examinations. The purpose of the article is to study the peculiarities of the investigator's interaction with expert units during the investigative experiment in investigating violations of traffic safety rules or vehicle operation, by establishing areas of interaction between the investigator and experts during the investigative experiment in this category of cases; disclosure of types of investigative experiment and typical situations of interaction of the investigator with experts during its carrying out during investigation of the criminal offense provided by Art. 286 of the Criminal Code of Ukraine; determining the role of the expert as a specialist involved in the investigative experiment in the investigation of violations of traffic safety rules or transport operation; identification of shortcomings that arise from improperly organized interaction of the investigator with the expert during the investigative experiment, a proposal for measures to prevent them. The article highlights and reveals the content of the peculiarities of the investigator's interaction with expert units during the investigative experiment in the investigation of violations of traffic safety rules or vehicle operation. It was found that one of the main shortcomings in the design of the protocol is that the investigator during the investigative experiment constantly evaluates the conditions, progress and results of experiments. When drawing up the report, keep in mind that the evaluation of the results by the investigator and other participants in the investigative experiment is beyond the scope of the protocol. As a rule, the evaluation of the results is stated at the end of the protocol.

scholarly journals “Crazy Jack” and the “Gay CEO”: Visions, Entrepreneurship, and the Chinese State in the New Digital Economy

2021 ◽  
Vol 50 (1) ◽  
pp. 63-85
Author(s):  
Marina Svensson
Keyword(s):  
Social Relations ◽  
Personal Narratives ◽  
Digital Economy ◽  
The State ◽  
Business Leader ◽  
Online Spaces ◽  
Chinese State ◽  
To Receive

This article analyses the visions, careers, and companies of Jack Ma of Alibaba and Geng Le of Blue City. Jack Ma is a well-known business leader and visionary, whereas the less well-known Geng Le only began to receive more attention since launching a successful gay dating app in 2012. The article focuses on the personal narratives and visions of these two IT entrepreneurs. It provides new perspectives on the role of individual entrepreneurs in relation to the Chinese state’s global ambitions and vision of creating a “strong internet country.” It argues that the commercialisation and platformisation of the Chinese internet, and the growing transnational nature of Chinese IT companies, serve to make them more, not less, co-dependent of the state and its visions. The internet’s emancipatory potential is today increasingly conflated with consumption, and online spaces and social relations are subject to both commodification and datafication.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

scholarly journals The Role of Military Service in the Integration/Segregation of Muslims, Christians and Druze within Israel

Societies ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 1 ◽  
Author(s):  
Rami Zeedan
Keyword(s):  
Ethnic Minority ◽  
Social System ◽  
Military Service ◽  
The State ◽  
The Social ◽  
Positive Peace ◽  
New Nation ◽  
State Relations ◽  
State Of Israel

This study applies the negative peace/positive peace approach to internal nation-state relations between the majority and ethnic minority. This approach focuses on the policies implemented by the state. In order to understand the social system from its formation, an important focus should be given to the period of establishment of a new state, whereas physical borders are defined along with the borders of society, which determines who is included in the new nation and who is excluded. The conclusions are based on the case of the Israeli Druze, an ethnic minority with whom the state of Israel and its Jewish majority have achieved positive peace. This study suggests that the positive peace with the Druze was achieved following their integration in the army—as a decision of the state of Israel—that lead to their integration in the Israeli society. Conversely to the Israeli Muslims, where a negative peace is maintained, following the early year’s state policy to exclude them.

DEVELOPMENT OF UKRAINIAN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR TERRORISM

2017 ◽  
Author(s):  
Anastasiia Bedrata ◽  
◽  
Alina Nikolyuk ◽  
Keyword(s):  
Rapid Development ◽  
National Level ◽  
Global Scale ◽  
Criminal Code ◽  
The State ◽  
Political Position ◽  
National Minorities ◽  
Preventive Actions ◽  
Criminal Offenses ◽  
Criminal Legislation

The article examines the historical development and the process of formation of criminal legislation of Ukraine, the commission of criminal offenses in the field of terrorism. A comparative analysis of the criminal codes of 1927 1960 and 2001 was carried out in terms of articles that establish responsibility for a terrorist act. The question of differentiation of terrorist crimes from other similar ones is considered. These issues are becoming increasingly important in connection with the escalation of tensions both at the national level and in the international arena, in particular: due to the growth of radical adherents of religion, opponents of the current government in different countries, individuals of traditional views. refuse to accept the liberalization and empowerment of national minorities. However, despite the rapid development of the popularity of this issue on a global scale, special attention in this article should be focused on the development of national regulations on the issue of defining the concept of terrorism. Outline the preventive actions that the state of Ukraine can take to prevent the spread of these crimes. The urgency of this issue in Ukraine is due to various factors, and in particular: the unstable economic situation in the country, which depresses citizens, trampling them on a criminal path for easy profit; It is also worth noting the unstable political situation in the state, which leads to the emergence of opposition-minded citizens who are unable to be heard peacefully. At rallies and protests are forced to resort to more radical manifestations of their political position. As a result of the research conducted in the article, it was established how the national criminal legislation developed in terms of terrorist crimes, analyzed the content, established what disadvantages and advantages can be found in the criminal codes of 1927 1960 and 2001, proposed options for improving the legislation, as well as Proposals for Changing the Hierarchy of Values during the development of the new Criminal Code, the draft of which has already been developed on its own initiative. Groups of lawyers and scholars in the field of law.

scholarly journals Generic, specific and direct object of a crime under the Article 330 of the Criminal Code of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 19-27
Author(s):  
V. Yu. Boichuk
Keyword(s):  
National Security ◽  
Social Relations ◽  
Criminal Law ◽  
Social Activity ◽  
Criminal Code ◽  
The State ◽  
Direct Object ◽  
Direct Objects ◽  
State Secrets ◽  
Official Information

The author has carried out the research of one of the mandatory elements of corpus delicti under the Art. 330 of the Criminal Code of Ukraine – its object. In the course of its analysis, the author has considered general classification of objects of a crime generally adopted in the doctrine of criminal law of Ukraine (depending on the degree of generalization of the social relations protected by the criminal law, which are the objects of various crimes) into general, generic, specific and direct ones. The concept and essence of general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine, are determined on the basis of views on the object from the standpoint of the theory of social relations. It has been emphasized that general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine constitute a system, that is, they are not just a simple set, but are in interdependence. The link element through which the system of objects of this crime is formed is defined as the general sphere of social activity, where the mentioned social relations arise, develop and operate, namely, the national security of Ukraine. Thus, all social relations, which are put under the protection of Section XIV of the Special Part of the Criminal Code of Ukraine, arise and function in general in order to safeguard the interests of Ukraine’s national security. Generic object of a crime under the Art. 330 of the Criminal Code of Ukraine, has been defined as social relations existing with regard to the security of state secrets and official information gathered in the course of operative and search, counter-intelligence activities, in the field of the country defense, as well as the security of the state border of Ukraine and military security in terms of providing draft call and mobilization. Accordingly, the specific object of this crime is more narrow range of specific social relations that are associated with ensuring the state of information security. It was formulated as social relations that exist with regard to the security of state secrets and official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The direct object of a criminal act under the Art. 330 of the Criminal Code of Ukraine, was admitted as social relations that exist with regard to the security of official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The author has revealed the systemic nature of interrelations between the generic, specific and the direct object of a crime, stipulated by the Art. 330 of the Criminal Code of Ukraine.

scholarly journals Tinjauan Yuridis Akibat Berlakunya UU No. 11 Tahun 2016 Tentang Pengampunan Pajak Terhadap Sanksi Pidana Perpajakan

2019 ◽  
Vol 3 (2) ◽  
pp. 222-235
Author(s):  
Hadzil Hadzil ◽  
Mahdi Syahbandir ◽  
Syarifuddin Hasyim
Keyword(s):  
Criminal Code ◽  
The State ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The Poor ◽  
The Law ◽  
The Government

Terdapat cukup banyak masyarakat yang dengan sengaja melakukan kecurangan-kecurangan dan melalaikan kewajibannya dalam melaksanakan pembayaran pajak yang telah ditetapkan sehingga menyebabkan timbulnya tunggakan pajak. Menyikapi hal tersebut, Pemerintah mengesahkan Undang-undang Tax Amnesty Nomor 11 Tahun 2016 Tentang Pengampunan Pajak. Salah satu jenis pengampunan yang ditawarkan adalah memberikan penghapusan tindak pidana bagi Wajib Pajak (WP) yang melanggar undang-undang. Oleh sebab itu, hal ini menjadi menarik untuk diteliti karena dapat dianggap sebagai bentuk pengkhianatan terhadap rakyat miskin atau WP yang taat pajak. Masalah pokok dalam penelitian ini adalah apakah penghapusan sanksi pidana terkait pengampunan pajak (tax amnesty) sudah sesuai dengan prinsip-prinsip pemidanaan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan penghapusan sanksi pidana telah sesuai atau tidak dengan prinsip-prinsip pemidanaan. Penelitian ini merupakan penelitian yuridis normatif dengan tujuan mengkaji asas-asas dan kaidah-kaidah yang terdapat dalam ilmu hukum. Data yang digunakan terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian menunjukkan bahwa dalam hal penghapusan sanksi pidana dalam tax amnesty tidaklah sesuai dengan prinsip-prinsip penghapusan pidana dalam konsep KUHP, yaitu alasan pembenar dan alasan pemaaf karena apabila harta tersebut berasal dari hasil korupsi, hal tersebut bukanlah merupakan perbuatan yang patut dan benar untuk dimaafkan. Disarankan kebijakan dalam pengampunan pajak (tax amnesty) sebaiknya tidak diberlakukan penghapusan pada unsur tindak pidana, apalagi dalam tindak pidana tersebut terdapat unsur yang merugikan negara.There are enough people who deliberately commit fraud and neglect their obligations in carrying out the payment of taxes that have been set so as to cause the arrears of taxes. In response, the Government passed the Tax Amnesty Act Number 11 Year 2016 About Tax Amnesty. One type of amnesty offered is to provide the abolition of a criminal offense for a Taxpayer (WP) that violates the law. Therefore, it is interesting to investigate because it can be considered as a form of betrayal of the poor or WP who are tax-conscious. The main problem in this research is whether the abolition of criminal sanctions related to tax amnesty is in line with the principles of punishment. This study aims to determine and explain the elimination of criminal sanctions are appropriate or not with the principles of punishment. This study is a normative juridical research with the aim of studying the principles and rules contained in the science of law. The data used consist of primary legal materials, secondary legal materials and tertiary legal materials. The results indicate that of the abolition of criminal sanctions in the tax amnesty is not in accordance with the principles of criminal abolition in the concept of the Criminal Code, namely the justification and reasons for forgiveness because if the property is derived from the corruption, it is not a proper and proper act to be forgiven. It is recommended that the tax amnesty should not be abolished on the element of criminal acts, morever in the criminal act there are elements that harm the state.

scholarly journals The object of a criminal offence for misuse of budget funds, for budget expenditures or provi-sion of credits from the budget without determined budget purposes or with their excess

2021 ◽  
Vol 1 (1) ◽  
pp. 194-202
Author(s):  
Tetyana Leonenko ◽  
Dmytro Shiyan ◽  
Olha Shiyan
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
Local Governments ◽  
Criminal Code ◽  
Public Authorities ◽  
Important Place ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
State And Local ◽  
Budget System

An attempt has been made to determine the object of a criminal offense for misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with their excess, on the basis of the analysis of scientific views, theoretical provisions and legislation on this problem. The object occupies an important place in the system of composition of a criminal offense, in particular, provided for in Article 210 of the Criminal Code of Ukraine, as it is a mandatory element. In the legal literature, the issue of criminal counteraction to the criminal offense provided for in Article 210 Criminal Code of Ukraine has received some attention in the writings of scholars. At the same time, in their writings, this problem is debatable. The purpose of the article is to solve the problematic issues of determining the object of a criminal offense for misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with their excess, on the basis of the analysis of scientific views, theoretical provisions and legislation on this problem. Given that the criminal offenses under Articles 210 and 211 of the Criminal Code of Ukraine encroach on the budget system of Ukraine, in particular, on relations arising in the process of budget execution, and these relations do not belong to economic, and activities in this area are not economic, it seems appropriate to change the current title of section 7 “Criminal offenses in the field of economic activity” of the Special Part of the Criminal Code of Ukraine, which contains these articles, to the following: “Criminal offenses in the field of economic activity and budget system”. The main direct object of the criminal offense under Article 210 of the Criminal Code of Ukraine is public relations arising in the process of state and local budgets in terms of using budget funds to ensure the tasks and functions performed by public authorities, the Autonomous Republic of Crimea, local governments during the budget period.

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