scholarly journals The substrate of criminal-legal influence

2021 ◽  
Vol 39 (68) ◽  
pp. 441-462
Author(s):  
Oleksandr Kozachenko ◽  
Oleksandr Sotula ◽  
Vasyl Biblenko ◽  
Kostiantyn Giulyakov ◽  
Oleksandr Bereznikov
Keyword(s):  
Criminal Behavior ◽  
Legal Regulation ◽  
Basic Element ◽  
The State ◽  
Cultural Environment ◽  
Criminal Offenses ◽  
Primary Element ◽  
Illegal Acts ◽  
Abuse Of Law ◽  
Legal Measure

The aim of the article is found on the idea of measure as a substrate of criminal-legal influence. The publication proposes to consider the measure as a substrate of external forms of legal influence and criminal-legal measure as a primary element of all external forms of criminal-legal influence (in connection with the commission of a criminal act). The analysis allows us to conclude that the substrate of legal influence is a basic element of socio-legal regulation (which substantively combines a system of techniques and methods of influence used to obtain a positive and socially significant result). It should be understood that a criminal-legal measure is a system of techniques and methods of coercive and rehabilitation-encouraging influence of the state on criminal practices (criminal offenses, objectively illegal acts, abuse of law) and lawful post-criminal behavior, which is carried out by the law, determined by the socio-cultural environment. It is concluded that such ideas of Leonardo Polo as coexistence, the abandonment of mental limit, his thoughts on ethics, knowledge, and law can be applied successfully when the criminal-legal measure is characterized by several features that distinguish it from measures of the legal influence of another industry.

scholarly journals ENSURING COMPENSATION FOR DAMAGE CAUSED BY CRIMINAL OFFENSES AS A RESULT OF SCAMMING ACTIVITIES IN THE FIELD OF TOURISM

2020 ◽  
pp. 369-376
Author(s):  
Г. В. Захарова
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Legislative Proposals ◽  
Compensation For Damage ◽  
Legal Compensation

The purpose of the article is to study the legal regulation and law enforcement practices on compensation for victims of criminal proceedings due to fraud in the field of tourism, identify problematic aspects in this direction, and make regulatory legislative proposals to improve legal compensation for victims of criminal proceedings. The article considers some issues related to compensation for damage caused by a criminal offense as a result of fraudulent acts in the field of tourism. The issues of legal regulation under domestic legislation and the legislation of individual European countries on compensation by the state for damage caused to victims are analyzed. It is emphasized that the priority for victims of fraudulent criminal acts is the requirement of compensation for damage, as well as the issue of compensation, compensation for such damage. It turns out that the voluntary compensation of victims by criminals directly depends on the quality and totality of the indictments collected against them, which fully expose their criminal activities. Meanwhile, the legislator did not pay enough attention to the possibility of voluntary compensation for damage to the person who caused it, as well as the benefits of voluntary compensation for damage. The legal provisions to be settled on this issue are indicated. Emphasis is placed on the need for timely pre-trial investigation of relevant traditional measures aimed at finding and locating, staying, both movable and immovable property, securities, jewelry, etc., which may be seized, in order to ensure compensation to the victim. damage. Emphasis is placed on the effectiveness and expediency of using the capabilities of IT technologies of relevant information resources, Internet services, and monitoring of websites that contain information that can help find as soon as possible the property of criminals who can be seized. At the same time, it is noted that the creation and proper functioning of the state fund for compensation to victims of crimes will be an additional constitutional guarantee that will only strengthen human security and increase the overall authority of the state.

scholarly journals Perpetrator's identity – central issue of modern criminology (Some Aspects in the Context of Opposing Criminality)

2021 ◽  
pp. 411-416
Author(s):  
Liudmyla Kozliuk
Keyword(s):  
Criminal Behavior ◽  
Personal Characteristics ◽  
Central Issue ◽  
Close Connection ◽  
Positive Aspect ◽  
The Core ◽  
Criminal Offenses ◽  
Illegal Acts ◽  
The Subject ◽  
Main Components

Due to the fact that our society lives in a state of criminality, this study theoretically attempts to show the value of research on the perpetrator's identity and the need to oppose criminality thereof. The purpose of the study is to understand one of the main components of the subject of criminology, which is the perpetrator's identity, to clarify his role and place in the opposing against criminality. The study applied the principle of social naturalism. It is proved that the study of the identity of the perpetrator on the basis of the principle of social naturalism opens up new opportunities in finding, more successful influence on the behavior of persons committing criminal offenses. Because it determines that the core of the perpetrator's identity is an arbitrariness and illusions complex. Liquidation of which will help increase efficiency in the development and implementation of measures to opposing criminality. Under implementing countermeasures, it is important to know on what aspects to focus on to prevent the mechanism of criminal behavior. It is the study of the perpetrator’s identity from the standpoint of socio-naturalistic criminology opens the way for a successful response to the causes and conditions that shape the perpetrator’s identity and contribute thereof to manifestation in the commission of a crime. The socio-naturalistic approach to the study of perpetrator’s identity allows the subjects of counteraction accordingly: develop countermeasures and respond to criminality in general. It is argued that the positive aspect in opposing criminality directly depends on the perpetrator’s identity because through the knowledge of the personal characteristics of those who commit illegal acts, criminogenic factors of crime are explained. These are two interdependent processes. Scientifically substantiated researches of the perpetrator’s identity give the chance to carry out, to correct opposition to criminality. Thus, there is a natural formula: an effective study of the perpetrator’s identity is equal to the effective opposition against criminality. It has been proven that effective research into the perpetrator’s identity is tied to a logical chain of solving extremely complex criminological problems, including the opposing against criminality. And the successful opposition to this socially negative phenomenon shows that there is an adequate influence on criminogenic factors that give rise to criminality, that is, that the developed measures to opposing criminality are effective. The close connection between the perpetrator’s identity and the opposition against criminality is that the perpetrator’s identity is central to the opposition against criminality, due to the fact that effective research on the perpetrator’s identity, it is possible to implement effective measures.

scholarly journals UKRAINIAN LEGISLATION ON PREVENTION AND COMBATING CORRUPTION OFFENSES

2019 ◽  
pp. 14-22
Author(s):  
O.I. Nikitenko ◽  
A.A. Samoylovych
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Ongoing Research ◽  
Modern Development ◽  
Illegal Acts ◽  
The Government

The article considers the evolutionary progress of the adoption of legislation in Ukraine on anti-corruption, starting with the Declaration of independence of the state, defined the essence of the state policy in combating analyzed the chronology of the stages of the legislative anticorruption acts-the conduct of ongoing research, observations of anti-corruption activities of law enforcement agencies is very important in the context of the modern development of Ukraine. During the years of independence of Ukraine was formed anti-corruption legislation, including normative legal acts in this sphere with the purpose of administrative and legal counteraction of corruption. The development of anti-corruption legislation in the period from 1991 to 1996, i.e. prior to the adoption of the Constitution of Ukraine of 1996 to 2004, a period which can be called the constitutional stage, and from 2004 to the present as a period of reform to counter corruption. This indicates that continuous changes in the administrative-legal regulation in the sphere of counteraction of corruption in Ukraine, the implementation of reform processes in law enforcement depends on the nature of government tasks and functions to ensure internal security of Ukraine, forms and methods of the professional activity of the bodies which carry out law enforcement or law enforcement function the article Also paid attention to how the state of corruption is influenced by organized groups and how the government is trying to counteract them. Specified on the weakness of preventive (preventive) measures regarding corruption and illegal acts. The Constitution does not specify what illegal acts are such, but some standards testify the protection of the rights and freedoms of natural and legal persons from such acts, but dedicated circle of individuals who have limitations with the passage of the civil service and local government. On the basis of the conducted research the conclusion about the need for effective legal mechanisms for fighting corruption and improving relevant legislation. Keywords: Сonstitution, anti-corruption policy, anti-corruption legislation, corruption, anticorruption.

scholarly journals STATE CONTROL OF SPHERE USE AND PROTECTION AS A MEANS OF COMBATING CRIMINAL OFFENSES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 14-22
Author(s):  
Ю. О. Єрмаков
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Regulation ◽  
Active Participation ◽  
State Regulation ◽  
The State ◽  
Necessary Condition ◽  
State Control ◽  
Illegal Mining ◽  
Criminal Offenses

The relevance of the article is that state regulation is a form of activity that is expressed in the establishment by the state of general rules of conduct (activity) of participants in public relations. It is the state, as an apparatus of political power, through its bodies carries out law-making, law enforcement and law enforcement activities. Therefore, the activity of state bodies is a necessary condition for the functioning of the mechanism of legal regulation of public relations. In the functioning of the mechanism of legal regulation, a significant role is played by the law enforcement activity of state bodies, which embodies its activity in the exercise of the relevant powers. The need for active participation of the state in the regulation of subsoil use is connected on the one hand with the active participation of Ukraine in world integration processes, and on the other hand due to the duality of the legal nature of the subsoil. The article considers the peculiarities of the implementation of state control functions in the field of subsoil use and protection. It is noted that the state system of subsoil use control consists of certain elements, the isolation of which, the analysis of their criminogenicity and effectiveness of implementation of their functions by control subjects, provides an opportunity to assess their use by operational units in detecting and documenting criminal offenses. . The efficiency of the functioning of this system is studied, its main parameters influencing the operational situation in the field of subsoil use and protection are determined, namely: the effectiveness of measures at each stage of control over the use and protection of subsoil (preliminary; preparatory; current; those being implemented). in case of violations (by business entities that have permits or by persons engaged in illegal mining)). It is noted: inefficiency of subsoil and environment monitoring; uncoordinated work of controlling bodies; imperfect division of powers between regulatory and law enforcement agencies, their inability to resolve the issue of termination of offenses on their own; dispersion of control powers between Gosgeonadra and Derzhhirnychpromnahlyad; significant corruption component in the activity of permitting bodies.

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.

Causes and conditions for committing illegal acts in modern society: theoretical and legal aspects and some solutions

2020 ◽  
pp. 287-295
Author(s):  
Tatyana Plotnikova ◽  
Vadim Kharin
Keyword(s):  
Law Enforcement ◽  
Public Life ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Clear Distinction ◽  
Main Role ◽  
Negative Consequences ◽  
Illegal Acts

As a result of everyday social activities, people constantly come into relationships with each other. This type of relationship may not be regulated at all (exist on the basis of morals, traditions, etc.), or it may not exist without a certain legal regulation, which is supported by the power of the state. Violation of these regulations constitutes an offense. Offenses have negative consequences for various spheres of public life, they cause damage to both society and the state. In modern conditions, there is a tendency to increase the number of offenses in society. This situation stimulates the study of the causes and conditions of committing offenses, both of certain types of offenses, and of all illegal acts in general. The work considers the main causes and conditions of offenses, and also provides a clear distinction of such terms as “cause”, “condition” and “reason”. The main role in the fight against offenses, including the activities to identify and eliminate the causes and conditions of committing illegal acts, belongs to law enforcement agen-cies. But in the current circumstances, this is not enough, so it is necessary to pay attention to other mechanisms and ways to eliminate the causes and conditions of violations and effectively use them.

scholarly journals Organized cybercrime in Ukraine: problems of formation of official statistics and its analysis

2021 ◽  
pp. 193-201
Author(s):  
O. TARAN ◽  
V. GAVLOVSKY
Keyword(s):  
Criminal Organization ◽  
Criminal Code ◽  
The State ◽  
Official Statistics ◽  
Criminal Offenses ◽  
Judicial Administration ◽  
Illegal Acts ◽  
Definition Of ◽  
National Police ◽  
First Time

The article analyzes the types, forms and content of statistical reporting that reflects the state and structure of cybercrime in Ukraine. Ways to interpret statistical information and to use its capabilities in preventing and combating cybercrime are identified. The shortcomings of the structure of official statistical data, namely unsystematic character, inconsistency and incoherence of their formation, are generalized and revealed. It is noted that the national and international legislation lacks a generally accepted definition of cybercrime so far, and therefore a single approach to defining the grounds for classifying illegal acts as such crimes. The reports were developed without considering further analysis of cybercrime. And while the report of the National Police of Ukraine contains data on a number of criminal offenses that can be attributed to cybercrime, the official statistical reports prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, except for Chapter XVI of the Criminal Code, are missing the mentioned data. Therefore, official statistics, which fully and accurately reflect the state and structure of cybercrime cannot be introduced today. It is possible to analyze only the dynamics of this type of crime, the structure of crime on the basis of recorded crimes. The number of criminal offenses under the articles of chap. XVI of the Criminal Code of Ukraine, is growing unevenly, and this growth in the last 4 years is insignificant. The share of these criminal offenses is growing more dynamically. But their share of the total crime rate in Ukraine today is insignificant and is less than one percent - in 2020 0.69. In the first quarter of 2021, employees of cyber police units of the National Police of Ukraine, for the first time detected 4 criminal offenses under Art. 255 of the Criminal Code of Ukraine (“Creation of a criminal organization”). During 2013 –2010, 112 persons were found to have committed criminal offenses of this category as part of a group, 16 of them as part of an organized group. Also during this period, 171 persons who committed criminal offenses in the group in previous years were identified, including 68 in the organized group. The number of convicted persons who committed criminal offenses in the group during this period is 64, 9 of them committed crimes in an organized group.

Criminological analysis of determinants of criminal behavior

2021 ◽  
Vol 5 (S4) ◽  
pp. 1483-1499
Author(s):  
Maksym Zabarniy ◽  
Vasyl Topchii ◽  
Tatiana Korniakova ◽  
Oksana Topchii ◽  
Vitalii Topchii
Keyword(s):  
Criminal Behavior ◽  
Criminal Cases ◽  
Criminal Offenses ◽  
Illegal Acts ◽  
Almost All ◽  
Criminal Conduct ◽  
Criminological Theories ◽  
Criminological Analysis ◽  
Case Basis

This article analyzes the process of determination of criminal conduct. The authors argue that the reasons for criminal conduct are individual and can vary significantly on a case-by-case basis. Its dependence on both biological and social factors is stated. The combination of pathological heredity, social environment, political and economic factors can cause criminal behavior. At the same time, the psychological aspects of illegal acts are taken into account within almost all criminological theories to a greater or lesser extent. Criminal behavior is always demonstrated only by an individual and, above all, it is a manifestation of psychological deformities, expressed in the phenomenon of criminogenic contamination. Therefore, understanding its essence will better determine the nature of the warning influence. As a result, it is possible to answer several questions about the determination and nature of criminal behavior, the reasons for the commission of criminal offenses, the peculiarities of the functioning of the mental sphere, psychological problems, complexes, etc. This information helps to optimize methods of crime prevention, provide for further actions of serial criminals, help in the identification of offenders and the investigation of criminal cases.

шляхи вдосконалення кримінально-правового забезпечення оперативно-розшукової діяльності Державної прикордонної служби України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. О. Гриньків
Keyword(s):  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Criminal Offenses ◽  
Legal Foundations ◽  
The Law ◽  
Legal Mechanism

The ways to improve the criminal legal support of the operative and search activities of the State Border Guard Service of Ukraine are discussed in the article. We propose specific amendments to the Criminal Code of Ukraine, which take into account the cases of harm during the operative and search activities of the State Border Guard Service of Ukraine. It is concluded that compulsory harm to the interests protected by the law will be duly regulated during the conduct, in accordance with the law, of operative and search, counter-intelligence measures or not public investigative (search) actions by an employee of an authorized state body, or on behalf of such person, cooperating with that authority, if the cause of action is to prevent, detect, detect or investigate criminal offenses, to prevent, to disclose and to suspend criminal proceedings identification and / or subversive actions if the stated objective could not be otherwise achieved.It is emphasized that there is a problem in the national criminal law theory and legal regulation of operative-search activity of criminal-legal foundations of carrying out the whole complex of operative-search measures. There is no proper legal mechanism for carrying out most of the operative-search measures.The conditions for the lawfulness of causing harm are considered during the conduct of operative and search measures and the corresponding not public investigative (search) actions, which would be expedient to be disclosed in the resolution of the Plenum of the Supreme Court, as well as to supplement the list of mitigating circumstances stipulated in the Criminal Code of Ukraine (Art. 66).It is noted about the fact that there is an operative-search type of exemption from criminal responsibility, which indicates the need for a criminal-legal settlement of such a situation.It is emphasized that the effective activity of the State Border Service of Ukraine provides for the application by operational units of a set of operative and search measures, which are possible only in case of making appropriate changes and additions to the normative legal acts of the state.

Sign in / Sign up

Export Citation Format

Share Document