Journal articles: 'Illegal Enrichment' – Grafiati (2024)

Abstract:

In the article based on the analysis of scientific literature on criminology, criminal process and taking into account the actual changes to Art. 368-2 of the Criminal Code of Ukraine, the Law of Ukraine “On Prevention of Corruption” have analyzed the criminalistics significant indications of illegal enrichment. The purpose of this article is to study within its scope the criminalistics significant indications of illegal enrichment. The authors consider the criminalistics characteristics of the crime as a system containing a set of forensic significance features that are inherent in a particular type of crime. Like any systematic education, the forensic description of crimes consists of interconnected components – elements. The specified elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) the identity of the offender acting in the direction 2) the choice of the object of the attack, 3) in in certain conditions, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The article analyzes the following elements of the forensic character of illegal enrichment: the person of the offender, the subject of a direct criminal offense, the method of committing a crime, a trace pattern. The indicated elements are linked by correlation bonds, which reflect the dynamic, “phase” nature, due to the sequential placement of elements in accordance with the sequence of deployment of criminal activity. Forensic characteristics of illegal enrichment help to distinguish this offense from other official and corruption crimes. Forensic characteristics of illegal enrichment facilitate the determination of a range of circ*mstances to be proved in a criminal proceeding for crimes of this kind and the planning of their investigation. At the same time, while investigating crimes of this kind, there are a number of problems that require further resolution, and therefore this issue requires a separate scientific study, which will be the subject of further research. Key words: criminalistics, criminal process, forensic characteristic, illegal enrichment.

Abstract:

If a contract is treated as an illegal contract, the contracting parties are denied the contractual remedies which would normally be available to them on breach of contract. The contract may, however, have been partially performed. For example, one contracting party may have delivered goods and received no payment from the other contracting party. The availability of unjustified enrichment remedies in this type of situation has been a vexed question, not only in Scots law, but in many other jurisdictions. This article looks at the Scottish approach to the availability of enrichment remedies and also at the related question of whether it is possible for title to goods to pass under an illegal contract. The focus thereafter lies on options for reform, and, in particular, the use of legislative discretion.

Abstract:

The paper deals with the contemporary problems of counteraction to illegal enrichment which research is carried out with taking into account international legal, criminal legal, criminalistical and criminal procedural aspects. The current state and the possibility of creating and then putting into practice an effective system of countermeasures against illegal enrichment, which is closely linked to the reforming of the national legislation, bringing it into compliance with the international legal requirements and standards, and to the realization of urgent measures aimed at improving investigative and judicial practice are analyzed. In order to elaborate a proper criminalistic ensuring detection and investigation of illicit enrichment, it seems appropriate to form a criminalistical investigation technique of such crimes. It’s substantiated that the information basis for the construction and realization of an optimal technique of investigation of the illegal enrichment serves a criminalistic characteristics of this type of crime.

Abstract:

The article discusses the debatable issues of the implementation in the criminal legislation of the Russian Federation of article 20 of the UN Convention against Corruption on Illicit Enrichment. The materials contained in the passport of bills on amendments to the Federal Law “On Ratification of the UN Convention against Corruption” are examined. The author analyzes various points of view on the criminalization of illicit enrichment, as well as certain aspects of disciplinary liability for the failure to provide reliable information on the income and expenses of officials and civil liability in the form of appeals to property of the state, regarding which no evidence of its acquisition by legal income was presented. Proposals are substantiated to criminalize illegal enrichment as an official crime provided for by Chapter 30 of the Criminal Code of the Russian Federation and the conclusion is drawn on the need to criminalize illegal enrichment as a crime in the field of economic activity.

Abstract:

With a sea area of more than 5.8 million km² Indonesia into the fields were wet for the perpetrators of illegal fishing, but it is not only those involved in illegal fishing are committing exploitation of marine resources in it, due to ease and expedite actions of those involved in illegal fishing have interference from government officials and private entrepreneurs who help in exploiting marine resources in it. Illicit enrichment officials and private entrepreneurs in committing permudahan and facilitate the exploitation of marine resources by those involved in illegal fishing would be a bad precedent for officials and the private sector, which should keep and explore marine resources so that their needs and income that should belong to the state. Government that is supported by law enforcement in the rigor and candor regulations should be able to make the deterrent effect of government officials and private entrepreneurs who do illicit enrichment.

Abstract:

The phenomenon of corruption is global and extends in many areas of the public sector. However, in Greece it appears to be socially acceptable since in the case of illegal benefits and pensions, the corruption of the public officials takes place with the collaboration of the citizens who receive such pensions and allowances. It should be noted that in Greece the phenomenon has not been fully recorded since the only information available can be derived from the Press due to the publicity that such cases take and because of the large sums of money involved and the great damage they cause to the public sector. The fact is that this phenomenon is an important proof for the social fostering of corruption and that it is motivated by the pursuit of illicit enrichment both by the public officials and the citizens.

Abstract:

The presence of large-scale illegal business in the economies of some countries can have a corrupting influence on the governments of these states, especially on law enforcement and border control. It is known that illegal business directly or indirectly associated with acts of corruption directly involves the interaction between a public agent and a representative of the private sector. Thus, through coupling/association, corrupt public agents and illegal businesses can generate illicit enrichment, tolerance and non-sanctioning of criminal acts. Bribery in relation to illegal business contributes to illicit capital raising, and through several corrupt arrangements corrupt officials and organized criminal groups often send funds across the country’s borders. Therefore, three criminal phenomena - organized crime, corruption and money laundering - are closely linked. However, these crimes can also occur individually. In many cases, one of these illegal acts inevitably leads to another, thus generating vicious circles, interactions or intercalations between organized crime and money laundering, between organized crime and corruption, between corruption and money laundering, and even between all three.

Abstract:

Unjust enrichment and civil delictual liability are but the two sides of the same coin, having the same scope without overlapping, juridically speaking. This is obvious when enrichment arises from an illegal interference with another?s property. The French and the Greek legal order seem to be two legal systems maintaining until today the Einheitslehre of unjust enrichment claims. Both orders do not take into account a categorization and a systematization of claims in accordance with the requirements giving rise to an unjust profit. Regardless of the special provisions of each legal system, crucial questions arise in the same way: Would it be possible to consider, under the same perspective, enrichment by undue payment and enrichment due to the forces of nature (e.g. confusio or commixtio)? Is it possible to find a common denominator, as regards the causa, between enrichment with performance and enrichment without performance? How to compare enrichment produced by a person?s interference with another?s property with enrichment born by an undue payment? Is it not rather reasonable to proceed with the theory of separation of claims (Trennungslehre) proposed by German legal scholarship, after Wilburg?s and Von Caemmerer?s legal model of distinction between enrichment based on performance and enrichment not based on performance?

Abstract:

Private enforcement through private party litigation is to play a central role in the enforcement of the European Community competition rules. However, there has so far been little case-law in the national courts to explore in detail the range of issues concerning the award of remedies for breach of the competition rules, principally arts 81 and 82 of the EC Treaty. This article considers the particular position of a cocontractor seeking to claim damages in unjustified enrichment in respect of a contract which is prohibited by art 81 and illegal. The Scots law position on the general question of recovery of damages with regard to an illegal contract is discussed, together with some recent English cases involving a breach of art 81. The article looks at the development of Community jurisprudence laying down the requirement for national courts to provide legal redress and to ensure the effectiveness of Community law. Finally, it considers the recent ruling by the European Court of Justice in Courage v Crehan on a reference from the Court of Appeal.

Abstract:

The authors analyze the necessity and expediency of incorporating the norm on liability for illicit enrichment into Russian criminal legislation in accordance with the requirements of Art. 20 of the United Nations Convention against Corruption of 2003. The ratification of this international legal document placed Russian lawmakers under an obligation to modernize the anti-corruption legislation, including an obligation to recognize the illegal character of the actions of those officials whose assets have increased disproportionally to their legal income. The authors recognize the existence of different approaches to estimating illicit enrichment as corpus delicti. They rebut the allegation that establishing criminal liability for illicit enrichment does not correspond to the principles of criminal and criminal procedure law; they draw parallels with the current corpora delicti (illegal entrepreneurship and others) in criminal law and prove that establishing that a person possesses certain assets does not contradict the principle of guilt and the principle of the presumption of innocence. The criminal law analysis of illicit enrichment was carried out using the method of modeling corpus delicti with the use of constructions suggested by other scholars and the authors of the draft law on changes in the Criminal Code of the Russian Federation regarding this corpus delicti. The criticism of the suggested models and the research of some elements of corpus delicti, specifically, the objective side of illicit enrichment, led the authors to the conclusion that it is impossible to include this corpus delicti into law because it does not correspond to the requirements of the constitutional and criminal law principle of justice. The impossibility of criminalizing illicit enrichment does not contradict the recommendatory character of conventional norms and does not result in a gap in law. The problem is solved on the basis of legislation on public service, civil and civil procedure legislation. The examined court practice regarding the cases in which the prosecutors requested to turn into a state income the assets whose licit acquisition has not been proven makes it possible to claim that international anti-corruption standards connected with illicit enrichment have been put into practice.

Abstract:

Annotation. Providing the stable and continuous functioning of the financial services market is one of the important areas of state economic policy. Without the use of financial intermediaries, the economy cannot function. Criminals, in turn, use the weaknesses of the country’s financial system for their own illicit enrichment or the pursuit of other criminal interests. By laundering illegally obtained money, criminals destabilize the country’s financial system and expand the size of the shadow economy. The purpose of the article is to characterize the possibility of using the services of insurance companies in order to legalize the criminal income of economic agents and tax evasion by enterprises. Results. The article identifies the risk of using the services of insurance companies to legalize illegally obtained income and the place of these services in the market. The study comprehensively considered the possibility of fraudsters using the services of insurance companies to launder the illegal income of economic agents and tax evasion by enterprises. Examples of legalization of illegal income through the services of insurance companies were given. There are three main groups of insurance companies’ services: general insurance, life insurance (pension or insurance for investments), and reinsurance. The main risks associated with money laundering are inherent in each group of services. Summarizing the analysis, general recommendations for insurance companies to prevent money laundering through their services were identified. The prospects for further research. The Prospects for further research are the quantitative characterization of the risk of legalization of criminal income of economic agents and tax evasion for each group of services, as they have their own specific features.

Abstract:

Large-scale development of nuclear power increases the risk of non-peaceful use of nuclear materials. Therefore, development and justification of the methods for quantification of nuclear materials protection against unauthorized activity are needed. Also, the justification for the ways to improve internal protection of nuclear materials is required. The concept of the risk of nuclear materials unauthorized use is proposed for quantification of nuclear materials protection. The formulas for calculating the probability of implementation of the illegal actions chain and for the damage caused by nuclear materials non-peaceful use are obtained. The example of comparative assessment of highly enrichment uranium protection is presented.

Abstract:

Protected Areas (PAs) are created for the protection and maintenance of biological diversity, but many of Ghana’s PAs are subjectto severe pressures and threats, the main pressures being the illegal extraction of natural resources. Rattans are indisputablyone of the most important Non-Timber Forest Products (NTFPs) in Ghana’s Protected Areas that is without doubt one of thereasons for which it has drawn the attention of researchers. In this study the illegal rattan extraction patterns in the AnkasaConservation Area (ACA) in Ghana was inspected. Simple random sampling and Snowball sampling techniques were used. Datacollection employed the use of semi-structured questionnaires, interviews and field enumeration of rattans as well as an analysisof Effective Patrol Man-days (EPMDS) from 2004 to 2012. The results showed a significant positive correlation (r = 0.75, p<0.05, r2 = 0.557) between patrol effort and rattan extraction encounters. In addition, there was a general reduction in illegalrattan extraction encounters from 2004 to 2012 at a rate of 4.3 per year. The highest illegal rattan extraction incidences wererecorded in 2006 (76 encounters), 2005 (35 encounters), 2008 (22 encounters), 2004 (18 encounters) and the least incidencewere recorded in both 2010 (3 encounters) and 2011 (3 encounters).The research also revealed that Eremospatha macrocarpawas the most extracted rattan species followed by Laccosperma secundiflorum. The major rattan extraction and trade routesoriginate in the northern parts and in the area east of the reserve and also south of Draw River Forest Reserve. Generally, rattanpoaching in Ankasa Conservation Area has declined, but there are still human incursions in the northern part of the reserve. Thestudy recommended an intensification of patrols in the north of the reserve. Also, enrichment planting and Agroforestry practicesof inter-cropping rattans with seasonal crops should be pursued vigorously for the local communities.

Abstract:

In 2014 in Guasipati, an agricultural and cattle town in Southeastern Venezuela, I witnessed a group of men of all generations who staged themselves through the org*smic rite of co*ckfights. In Geertz's famous ethnography of co*ckfighting in Bali, the ‘irrationality’ of betting appears at first as surprising. But co*ckfighting is a game that dramatizes status and tests group solidarity, it is a measure of moral import and of meaning. This photographic record of masculinities at play in co*ckfighting builds on Geertz’ interpretation. The images were taken in the gallera (co*ckpit) of Guasipati during a clandestine night. It is here that the participating men engage in a form of capitalist communication that directly questions the Bolivarian Revolution. Many are workers within socialist enterprises, and they tremendously enjoy this illegal and transgressive activity. Within this space, the patterns of exchange become competitive and inscribed in subterranean capitalist circuits, evoking a symbolism of masculine power disputes (who is a man and who not) vis-à-vis the prohibitions of socialism. It is here that illegal enrichment that serves as a source and mark of status within the state controlled economy is effectively played out. Behind the individual and collective euphoria seen in the photographs, there are even more euphoric social tensions of betting and status at work.

Abstract:

With the urbanization and expansion of cities, which have taken place over recent decades, new demands and problems are emerging, among which is the problem of inadequate transport infrastructure. The number of motor vehicles is growing, while transport infrastructure is not following that growth fast enough. One of the problems that arises is the insufficient number of garages and parking lots, causing an increase in illegal parking on sidewalks, which impedes and endangers pedestrian traffic. This paper proposes a new decision support concept (DSC) for the management of illegally parked cars in urban centers, which offers a method that can contribute to solving this problem and improving the flow of pedestrians on city roads. Due to its complexity, the problem addressed in this research is recognized as a multicriteria one and therefore the proposed model is based on the use of multicriteria analysis methods—more precisely, the Preference Ranking Organization Method for Enrichment Evaluation—PROMETHEE, and the analytic hierarchy process—AHP. The proposed DSC is validated in the city of Split (Croatia), more precisely in the neighborhood of Sućidar, which shows that this methodology is applicable and effective for finding not a temporary but a permanent solution to the problem described.

Abstract:

The article emphasizes the need to use special economic and financial knowledge and focuses on the damage caused by economic crime. It is noted that one of the conditions for the existence of such offenses and crimes is the availability of enrichment technology in the field of tax evasion, legalization of income and theft of bank customers obtained illegally or by illegal acts. The main approaches to determining the components of crimes in the field of financial and credit operations are described in the article. The characteristics lending as one of the most common and at the same time criminologically vulnerable banking operations is also described in the article. In order o determine the scope of the investigated illegal actions, a list of tasks solved by forensic economic experts of financial and credit operations is given, which is a scientifically substantiated procedural form of applying special knowledge in the field of finance, lending and loans, accounting in banking, credit and financial organizations in order to solve the problems arising during a pre-trial investigation or trial. The issue of the need to use expert economic knowledge from different sub-sectors of the economy for successful investigation of economic offenses in the new economic conditions, the class of economic expertise in the system of general expert classification, the essence of its objects is characterized. The main tasks are revealed. The systems for its classification, components and their initialization, modern opportunities for economic expertise to prevent economic offenses are formed.It is mentioned in the article that expert’s special economic knowledge, which is used to address key issues in bank lending cases, cannot be reduced exclusively to accounting, but require the application of knowledge related to various special economic sciences, such as banking, finance and credit, labor economics, economic statistics. It is emphasized that the advanced scientific opinion and professionals’ repeatedly tested experience make the expert power of the conclusions extremely high; this determines the interest in further research in the field of modernization and the process of studying the use of special economic knowledge in the course of operational and investigative activities, pre-trial investigation and trial. Key words: banking system, lending, statistical data, crimes.

Abstract:

Abstract Cloaking the cargo of sunken colonial vessels with flag State immunity creates pro tempore resolutions through procedural impediments that inevitably reward illegal acts, revitalize colonial policies and extend periods of unjust enrichment. Immunity should only be extended when conventional law requirements are met and applied in conformity with any rules applicable between the parties in light of present-day conditions. Absent immunity, States with verifiable links could argue merit-based claims in unbiased fora that could rely on modern legal principles, rather than those prevailing when the cargo sank, to adjudicate contemporary disputes. Merit-based resolutions would address the Pandora’s box resulting from the convergence of advances in underwater technologies and the socio-political shifts that occurred since the cargo sank. Historically inert pauses under water unique to other legal quagmires offer an inimitable opportunity, when immunity is restricted, to adhere to modern ethical principles and to halt the lingering effects of condemned regimes.

Abstract:

Community hygiene conditions and equipment represent significant indicators of the quality management of green areas. As a space of exceptional importance for protection of forest complex and biodiversity in an urban environment, Zvezdara forest is placed under protection as a natural monument by an act of the Assembly of the City of Belgrade, where measures of environmental protection and preservation of this area, as one of the most important green areas in this part of the city, are also defined (wind protection role, enrichment of the air with oxygen, thermoregulation, etc.), but as well as a space for sports, recreation, picnics. This research presents the community hygiene problems (?illegal landfills?, lack of garbage cans, hydrants, public toilets and drinking fountains, etc.) and environmental issues (?wild? construction, landslides, etc.). The aim of this research is the recommendations of environmental protection measures and removal of community hygiene and environmental issues, presented in the final part of this research paper, which could be used in the future during preparation of planning documents, in order to achieve better environmental management in the area of Zvezdara forest.

Abstract:

The fight against corruption in Ukraine is giving rise to new ways of combating this phenomenon, new anti-corruption legislation is often being adopted and improved. Thus, among other things, in 2011 the Ukrainian parliament introduced criminal liability for illegal enrichment, and in 2014 – for declaring questionable information, supplementing the Criminal Code in accordance with Art. 368-2 and Art.366-1. However, despite their long-term duration in the structure of the criminal law mechanism for combating corruption, they have not become effective tools of anti-corruption struggle. Problems of application of Articles 366-1, 368-2 have been admitted from the very moment of their introduction in action as some serious defects in the construction of these norms were placed in the course of legislative process. In the end, based on the decision of the Constitutional Court of Ukraine, these articles expired. Given that the purpose of the article is to investigate the process of legislation and to establish the reasons for the adoption of deliberately ineffective rules on the declaration of inaccurate information and illicit enrichment. The scientific novelty is that the study indicates the inability of the Verkhovna Rada of Ukraine, which includes the Institute of legislation, scientific and expert management, legal management, the department of relations with the judiciary, the control department and other units, to ensure quality at the appropriate level of results of legislative work. These "precautionary institutions" were unable to prevent the development, adoption of imperfect and knowingly unconstitutional laws, as evidenced by examples of the introduction of liability under Articles 366-1, 368-2 of the Criminal Code and the introduction of repeated manipulative changes, after the entry into force.

Abstract:

The consumption of illicit drugs represents a global social and economic problem. Using suitable analytical methods, monitoring, and detection of different illegal drugs residues and their metabolites in wastewater samples can help combat this problem. Our article defines a method to develop, validate, and practically applicate a rapid and robust analytical process for the evaluation of six naturally occurring cannabinoids (CBG, CBD, CBDV, CBN, THC, THCV), two cannabinoids in acidic form (CBDA, THCA-A), and the major cannabis-related human metabolite (THC-COOH). After SPE offline enrichment, we used a UPLC–ESI-MS/MS system, which permitted the determination of several by-products. Studied matrices were samples of different origins: (i) effluent water from a wastewater treatment plant in the Porto urban area; (ii) environmental water from Febros River, the last left-bank tributary of the Douro River. The multi-residue approach was substantiated and successfully employed to analyze the water samples collected in the above locations. The rapid and precise quantification of nine different cannabinoids in different water samples occurred within nine minutes at the ng L−1 level. The appearance of dozens of ng L−1 of some cannabis secondary metabolites, such as CBD, CBDA, CBN, THCA-A, indicates this plant species’ widespread usage among the general population in the considered area.

Abstract:

When the mining process is not properly controlled, it can be a source of heavy metals pollution in the environment. The uptake of these heavy metals in edible parts of vegetables can be a direct source of the metals into the human food chain. This study assessed the concentrations of lead (Pb), manganese (Mn), zinc (Zn), copper (Cu), nickel (Ni) and chromium (Cr) in soil and vegetables obtained from nine (9) farms around mining sites in Mangu LGA. Concentrations of heavy metals in soil and vegetables were determined using atomic absorption spectrophotometer (AAS). The results revealed the concentrations of the heavy metals at the farms to be within the recommended maximum levels of world soils but were higher than their respective controls. This implies that the artisanal mining contributed to the increased values of these heavy metals in the environment. Also, the mean concentrations of the heavy metals at Mangu Halle mining site decreased in the order Mn > Zn > Cr > Cu > Ni > Pb > Cd whereas at Alogwom it decreased in the order Mn > Zn > Pb > Cu > Ni > Cr > Cd. The enrichment factor (EF) of the elements showed deficiency to minimum enrichment for all the heavy metals whereas the pollution index (PI) of the metals indicated very slight contamination to moderate pollution. The results of the heavy metals in the vegetables showed that the bioaccumulation of the metals followed a pattern: Zn > Cu > Pb > Cr > Cd > Ni. Levels of Cd, Pb and Ni in the vegetables were observed to be higher than the recommended limit for vegetables whereas Cu, Cr and Zn exhibited lower values than recommended standards. Thus, their consumption might pose health risk to consumers and therefore there is the need for proper monitoring of the illegal mining activities to reduce health risk and the extent of heavy metals contamination.

Abstract:

This paper presents an attempt to analyze the interrelation between American domestic policy and the Social Darwinist ideology at the turn of the XIX-XX centuries. Soviet and Russian historiography presents a deep analysis of socio-economic and political processes in that period in terms of criticism of liberal ideology and market economics. Significant social stratification was explained by insufficiently developed socially directed normative base, illegal interaction between representatives of large business and politicians, the purpose of which was personal enrichment, etc. In general, the economic and political system of the United States in the late XIX - early XX centuries was criticized from Russian scientists. In Soviet literature the conclusion was made about the insolvency of bourgeois ideology, with elements of criticism of Social Darwinism as a minor component of this ideology. American historiography considers the subject of our study more wholly. Foreign historiography, basically, analyzes the connection of American domestic policy with the activities of financial magnates, who were becoming a new serious power in American politics. This paper attempts to explain the connection between the American domestic policy and the Social Darwinist discourse, which was an undoubted part of the intellectual and daily life of citizens in that historical period. The author points to the significant influence of the Social Darwinist ideology in the adoption of key inner-political decisions by the government of the United States.

Abstract:

Ritonga FN, Dwiyanti FG, Kusmana C, Siregar UJ, Siregar IZ. 2018. Population genetics and ecology of Sumatran camphor (Dryobalanops aromatica) in natural and community-owned forests in Indonesia. Biodiversitas 19: 2175-2182. Dryobalanops aromatica Gaertn. f. (Sumatran camphor) is a valuable tree species that produces borneol (camphor) and good-quality timber. However, the population of this species has declined due to illegal logging and conversion of forests into plantations and has been classified as Critically Endangered by the International Union for Conservation of Nature. This study aimed to examine the genetic variation and spatial distribution of this species in a community-owned forest (Barus) and two natural forests (Singkohor and Danau Paris) in Indonesia using the Random Amplified Polymorphic DNA marker. The results of this study showed that D. aromatica had moderate levels of genetic variation (expected heterozygosity [He] = 0.1760 [Barus population] to 0.2134 [Singkohor population]) and genetic differentiation (Nei’s Gst = 0.1257). The genetic distance was the smallest between the Singkohor and Danau Paris populations (Nei’s distance = 0.0363) and greatest between the Singkohor and Barus populations (Nei’s distance = 0.0534). The spatial distribution of D. aromatica was grouped in both Barus and Danau Paris based on Morisita’s index of diversity (ip = 0.06 and 0.043, respectively). These findings indicated that genetic conservation might be performed in situ in combination with enrichment planting using locally propagated sources.

Abstract:

This study aims to clarify the concept of the crime of graft in Islamic jurisprudence, Jordanian law and Tunisian law. The study followed the descriptive comparative analytical approach. It also deals with the Qur’an verses and hadiths that prohibited illegal earning and the legal texts criminalizing it. This study clarifies the general elements of this crime, including the presumed element, also the material and the moral elements. The study clarifies the penalties for this crime in both Jordanian and Tunisian law. The study was concluded with a conclusion containing a number of results. The most important of which is that Islamic law preceded the legal systems and international conventions in the prohibition and criminalization of illicit gain, as well as the criminalization of illicit gain and the arrangement of penalties for it in both Jordanian law and Tunisian law, although the Tunisian law related to illicit gain (enrichment) is more comprehensive and detailed than the Jordanian law in question. In the study, it also recommended a number of recommendations, the most important of which is the need to tighten the penalty in Jordanian law on legal persons when those responsible for it or one of them commits the crime of graft, as well as the need to stipulate the penalty for criminal participation in this law.

Abstract:

The study of shadowing processes in the economy is an integral part of the methodological knowledge, aimed at forming the security environment of the world community, its development on the way to overcoming crisis situations in the economy, politics, and society. This being said, it is difficult to overestimate the role of the state in determining appropriate approaches to assessing the results of such activities, justifying the selection of certain current methods of influencing public relations in the economic field in order to ensure their functioning within the legal framework. Drawing empirical conclusions and recommendations in this article are aimed at substantiating the links between the result of economic activity and economic activity as such, which determines the characteristics of welfare and well-being of a person, his/her enrichment. Thus, the formation of a cognitive social link between human welfare, emotional factors, and the economic crisis situation in the state has a common denominator, which makes it possible to assess the level of economic development of the country as a whole, to identify processes of shadowing of the economy, provided that illegally-obtained income is determined in its structure. Coming up with “regulatory filters” that allow synthesizing the object (illegally-obtained income), at which measures for detecting and transforming it into the legal economic field are aimed, it is possible to achieve a real result in counteracting the shadowing of national economies. Certain measures currently being taken at the level of national legal systems in this area should be compatible with those adopted by the European Union and, at least, as stringent as other measures applied at the international level. The specified determines the necessity to search for optimal ways of defining the concept of illegally obtained income, its place and role as a structural component of shadow processes in the economy. Methodology. The solution to the set goal is realized using the cognitive potential of the system of philosophical, general scientific and special methods. Analysis and synthesis allowed identifying the signs of illegal income, the shadowing of the economy, counteracting the shadow economy, and forming the last concept. Methods of grammatical review and interpretation of legal norms contributed to identifying gaps and other shortcomings of legislation on problems of ensuring counteraction to the legalization (laundering) of illegally-obtained income, developing proposals for its improvement, in particular, regarding the specifics of defining the meaning of the concept of “illegally obtained income” in domestic legal framework, the relationship of this concept with other economic and legal concepts. The comparative legal method allowed determining the development directions for domestic normative acts in order to bring them in line with the generally accepted European standards.

Abstract:

Based on the archival sources first introduced into the scientific community, the article highlights the question of the material well-being of Soviet citizens in estimates of the mass consciousness of the 1960s and 1980s. Within the framework of the problems, the well-being of citizens, which are the drivers of the socio-economic development of the state, are considered. In addition, the mental side of the processes is affected. The question is raised of social stratification, the beginning of the formation of a new structure of society as the realities of the second half of the 20th century. It is noted that in the public environment, vigilant monitoring of the excessive enrichment of persons in leadership positions was conducted. Based on the analysis of the material database of the Russian State Archive of Recent History, the author concludes that the trend of the time was the increase in the number of illegal acquisitions in three areas: housing, motor transport, personal household plots. A problem related to modernization processes in the spiritual sphere of life in Soviet society is raised. It is shown that there were changes in the behavioral stereotypes of social classes in the development of the right to use socialist property in this area, in relation to things and the desire for a comfortable life in society. It is concluded that the global consequence of these phenomena is the affirmation of private property morality.

Abstract:

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.

Abstract:

In early 1990's European Union has established new isotopic approach for detection of wine authenticity. In this article we setup the possibility of using new approach using new EIM – Module – IRMS (Ethanol Isotope Measurement – Module – Isotope Ratio Mass Spectrometry) instrumental technique and new analytical parameter δDn(δ2Hn) wine ethanol value, which represents δ2H value of non-exchangeable hydrogen stable isotope ratio in ethanol, with other isotopic species (δ18O values in wine water) to improve detection of illegal wine production practices such as addition of sugar and/or dilution with water. Total of 42 wine samples were analyzed. 10 wine samples (out of 42) were prepared from grapes by alcoholic fermentation and analyzed for δDn values of ethanol. 19 wine samples (out of 42) were collected from wine producers in Serbia plus 1 wine samples designated from United States was taken from Serbian market and analyzed for δDn values of ethanol, δ18O values in wine water and also δ13C values in wine ethanol. Furthermore 9 wine samples (out of 42) were taken from Hungarian market and analyzed for δDn values of ethanol, and also 3 wine samples (out of 42) were taken from Austrian market and analyzed for δDn values of ethanol. All experiments were done in 4 isotope laboratories located in US, Austria, Hungary and People's Republic of China. δDn values of ethanol were measured by using EIM Module connected to FlashHT 2000 pyrolizer (one laboratory – Imprint Analytics GmbH, Austria), while in other 3 laboratories (US – COIL – Cornell University, Stable Isotope Laboratory, Hungary – Isotoptech Ltd, Debrecen, Hungary and China – C.N.R.I.F.F.I. – China National Institute of Food and Fermentation Industries Limited) EIM Module was connected to TC/EA (High Temperature Conversion Elemental Analyzer). Peripherals in all laboratories were further interfaced with isotope ratio mass spectrometer. Furthermore δ18O values in wine water were measured by using Gas Bench II interfaced also with isotope ratio mass spectrometer (one laboratory – US). Obtained results from all 4 laboratories have shown that this new approach which uses δDn in wine ethanol is more effective in improving detection of illegal wine production practices (sugar enrichment and water dilution) and origin of ethanol, and also detecting the addition of corn or beet sugar, sugar syrup to wine, or dilution of grape must with water prior to alcoholic fermentation. Keywords: Wine authenticity; EIM – Module – IRMS; Stable Isotope; Isotope Ratio Mass Spectrometry; Wine; Watering; Chaptalization.

Abstract:

Introduction. The article based on the methods of systems analysis and comparative law studies the legal consequences of the impossibility for the proprietor to return the thing requested by the owner as a result of the loss of the latter. The concept of “excess” in the civil law of Germany is discussed. The issue of competition of claims in the recovery by the owner of property from someone else’s illegal possession is resolved. The legal status of a bona fide and unfair proprietor in the event of “excess” in Russia and Germany is considered.Materials and Methods. The main methods of this study are the system analysis of legislation, the analysis of scientific literature, and the comparative legal method of research.Results of the Study. The main conclusion is the absence of a systemic and fair regulation of the position of a bona fide proprietor in Russia who is not able to return the thing to the owner in kind. The consequence of this is a violation of the balance of interests of the owner and the proprietor of the thing. The practical result of the study is a series of proposals for amending the institutions of vindication and unjust enrichment in the Civil Code of the Russian FederationDiscussion and Conclusion. Regulation of property relations requires the obligatory observance of the balance of rights not only of the participants of relations, but also of society and the state. Imbalance can lead to unjustified infringement of the rights of participants in legal relations.

Abstract:

The problems of the anti-corruption strategy, issues of elimination of criminal factors, improvement of legislation and the activities of law enforcement agencies are analyzed. Anti-corruption problems should be solved systematically in a set of integrative measures of state-political, socio-economic, national-cultural, informational, criminological, legal and moral. The priorities of the implementation of such a course are the urgent implementation of such strategic principles as DE monopolization, DE offshorization, requisition of energy security facilities, demarcation of business and power, and ensuring effective tax and customs policy. The effective mechanism against corruption is the disengagement of power and business, the elimination of factors of political corruption. It is proposed in the Law on the Prevention of Corruption, as well as in the laws regulating the status of civil servants, to enshrine the requirement of impeccable business reputation and integrity. A system of new legislation should be developed and adopted: the Code of Evidence, the Code of Law Enforcement, the Investigator Status Function Act, the Detective Status Act, the Jury and World Court Act, and the Crime Detection, Prevention and Prevention Act. It is proposed to state the disposition of the law of the Criminal Code of Ukraine on illegal enrichment in accordance with Article 20 of the UN Convention against Corruption of 31.10.2003. In particular, it is proposed to consolidate the responsibility of officials for a significant increase in assets that exceed the total assets of zero declaration and legal wages in the public service. The mechanisms of the state government should provide for the function of prosecutorial supervision over the enforcement of anti-corruption legislation in the activities of enterprises, executive authorities and local government. Systemic proposals are being made for the formation of a strategy and a comprehensive anti-corruption programed.

Abstract:

The article analyzes the definitions of political corruption based on the following approaches used in political science to classify forms and manifestations of corruption: subject-oriented, actor-based and targeted. Within the framework of these approaches, we offer an updated definition of political corruption which can involve public officials of all levels. Political corruption is instrumentally defined as the unlawful use by a public official of various types of administrative resources of public authority to extract personal and (or) group political benefits (political enrichment), including in favor of third parties. The author singles out such form of corruption as state policy corruption, the essence of which is to skew the state policy in favor of private interests at the expense of public interests in order to unlawfully gain both tangible economic and intangible political benefits. The institutional mechanism of state policy corruption is the unlawful use by public officials of its legislative and regulatory administrative resources not to implement public policy in order to realize national interests and goals in various spheres of life of society and the state, but to create “rules of the game” that allow obtaining illegal advantage, to extract personal and (or) group benefit, which may have both tangible and intangible expression. Actors of such corruption can be senior public officials, whose competence includes adopting laws and regulations that determine state policy in various areas and mechanisms for its implementation. It is noted that state policy corruption is characterized by “autocorruption” – a situation where there is no external stimulation to commit a corruption act, it is not necessary, and its executor and final beneficiary are the same actor and (or) actors belonging to the same community. The author identifies the relationship between state policy corruption as a symbiosis of political and economic corruption at the highest levels of power and the peak of systemic corruption with corrupt state capture.

Abstract:

The second part of the study pays special attention to the disputable issues of defining the concept of «corruption» and different research strategies of analyzing corruption practices and schemes of corrupt behavior through the prism of conflict social interactions. Corruption is characterized as the process and result of illegal conversion of the resources of public officials and private persons that trespasses the boundaries of social contract. The authors view corruption as a method through which capital is seeking to include material and moral elements of society into its movement. These elements, due to evident social and political necessity, cannot belong to private persons and should (could) only exist as a public whole, as public property. The analysis of contemporary research publications shows that the conceptual field of criminology uses the concept of «corruption» in two senses: in the broad sense, which includes all the manifestations of the «corruption» of power and the intentional abuse of office, status and authority by public officials with the purpose of personal enrichment or pursuing group interests, and in the narrow sense - the aggregate of the elements of offences with the corresponding qualifying characteristics and measures of legal liability. The authors conclude that corruption is a latent process of transforming the results of actions into a commodity of a «non-commodity» nature which cannot be the object of exchange within the legal field. Corruption relations are analyzed as such situations of forfeiting the public good to individual private beneficiaries when public officials receive a compensation for transferring to private persons the resources and benefits that do not rightfully belong to them. The authors prove the necessity of identifying the removal of economic, political and symbolic capital from public circulation for the benefit of private persons. They determine the challenges of transferring corruption counteraction from the regional and international perspective to the coordination of legal methods and highlight the conflicts between legal constructs in the development of anti-corruption measures.

Abstract:

The actualization of attention to this problem is caused by the fact that there has been a revival and development of the church and judicial system in Russia. It is obvious that the church and judicial system and canon law influenced on the formation of the Russian judicial system. The scientific novelty of this study is that it reflects the sources that were first introduced into scientific circulation, which contributes to a deeper theoretical understanding and actual enrichment of this problem. The aim of the study is to give a categorical description of the participants in court cases and the system of punishment in the Tobolsk diocese in the 17th–18th centuries, since the formation of the judicial system in the region has special features. Despite the large number of works on the history of the Russian Orthodox Church, the normative legal framework and practice of the church and judicial system were not given sufficient attention. The analysis of the material obtained in the course of this study makes it possible to fill in the existing gaps. The methodological basis of the research is the principle of historicism (from which private methods – problem-chronological, historical-comparative, historical-system and historical-typological), the principle of systematic and the principle of objectivity. The archpastors of Tobolsk had broad powers in church and judicial matters, based on the decrees of the tsar and the patriarch. To their help were appointed clerical elders, customers, the desyati and the pyatidesyati priests, the vicars, desyatilniy, deacons, boyars' children, thanes, lenders, bailiffs and nedelschick etc. A particularly acute problem in the study period was family relations, which was aggravated by the lack of a sufficient number of women in Siberia. The result of the study should be a description of the participants in cases and punishments considered by the church and judicial authorities of the Tobolsk diocese. Most of the church court cases concerned certificates of illegal marriages, divorce, forced marriage and theft of church property, dishonest behaviour of clergies and clergymen, etc.

Abstract:

The article discusses the problems that arise in connection with the crimes against state and public security committed by use of computer and network technologies. This topic is becoming relevant because some states have already experienced the effects of combat computer viruses, which can be regarded as waging war using cyber weapons. The most famous example is the attack by the Stuxnet computer virus on an Iranian uranium enrichment plant. The virus was created specifically to disable industrial control systems. The use of unmanned ground and air vehicles to carry out terrorist acts is of particular danger. The Russian military in Syria is constantly confronted with terrorist attacks: the Khmeimim aerospace forces base is regularly attacked with unmanned air vehicles - drones. Terrorist acts with the use of computer and network technologies are no less dangerous. The destructive potential of cyberterrorism is determined by the widespread computerization of state and public life, the implementation of projects to create smart cities, including smart transportation, as well as the intensive development of the Internet of things. The purpose of the article is to analyze new criminal threats to state and public security, as well as to study high-tech ways of committing crimes such as sabotage, terrorist acts, and other crimes of a terrorist nature. The cost of their consequences for society is very high, and criminals do not always need to attack social objects directly - it is enough to spread panic among the population using online media, social networks and websites of authorities of various levels, after obtaining illegal access to them. The article describes some of the techniques already used to commit crimes of sabotage and terrorism. The authors draw attention to the priority of cybersecurity both for engineers of devices with elements of artificial intelligence, and for lawmakers who should pay attention to methods of technical forecasting when developing legal norms aimed at prevention of new ways of committing such crimes. When writing the article, the authors used a wide range of Russian and foreign sources of legal, statistical, sociological and other information. The authors used such research methods as analysis, synthesis, deduction, induction, formal legal method as well as comparative legal method.

Abstract:

Amendments to the Criminal Code of Ukraine and other laws on corruption exposers, especially their right to remuneration for reporting corruption, have been considered. The problem of existence of other violations of the Law of Ukraine "On Corruption Prevention" for which no criminal, administrative, disciplinary and / or civil liability has been established and for which the exposer can report has been identified. The author has emphasized that if it is not proved that the exposer made a knowingly false report, then the person suspected of something does not even have the opportunity to defend his/her honor and dignity in court. He has assumed that for the first time at the level of law the form of guilt of the exposer is indicated, which does not exist - unintentional communication of inaccurate information by the exposer. It has been proved that the legislator's disregard for the principles of criminal law and the rules of legislative technique lead to a constant scholastic update of anti-corruption legislation. Failure to take into account the grounds and principles of criminalization of dangerous acts makes amendmets to the Criminal Code of Ukraine "stillborn", no matter how many exposers report them in case of their internal strong belief in the presence of signs of corruption or corruption-related offenses. It has been alleged that the exposer may not expect a remuneration for reporting false information in any case. Illegal enrichment cannot and will never be a corruption crime, it is the result of committing truly corrupt crimes, and therefore the exposer may not expect a reward again. To eliminate these contradictions, the author has proposed in Note 2 to Art. 45 of the Criminal Code of Ukraine to determine the list of crimes related to corruption, and to make the person of the exposer responsible at least in part of the apology for the disclosure of information that has not been confirmed by the court. To implement such proposals, not only forensic scholars should be invited to the discussion, but also experts in the field of administrative responsibility, labor and civil law and procedure.

Abstract:

The article determines the value and prospects of using historical sources stored in the Russian State Archive of Social and Political History (RGASPI) for disclosing problems of economic crime in 1941–45. Understanding modern dangers of corruption, illegal enrichment, and malfeasance requires studying the historical experience of the Great Patriotic War of 1941–45. It was a time to confront not only a strong external enemy, but also internal challenges, including, in particular, activation of criminal elements in the economic sphere. Despite an abundance of legal and historical publications devoted to economic crime and combating it, a whole layer of archival documents remains outside the field of research. The study has been carried out on the basis of institutional methodological approach using source heuristics, source analysis, historical-comparative method. The documents revealed in the RGASPI consist of previously unpublished materials of the Central Committee of the Communist Party of the Soviet Union, the Party Control Commission under the Central Committee of the CPSU, regional and city party committees (obkoms and gorkoms), and political departments of various agencies, through which transportation and distribution of food and industrial goods was conducted, as well as fragments of national leaders’ personal funds. The analyzed documents reflect criminal acts characteristic of the war period: speculation, embezzlement, bribery, malfeasance of high-ranking officials. The aforementioned delicts are reflected in the minutes of meetings, reports, certificates, and directives describing in detail the most common types of economic crime and measures taken by the authorities to curb it. The study concludes that the identified documents possess a high degree of objectivity and confirm the thesis of numerical growth and expansion in range of economic crimes in the context of a social wartime crisis. As main strategy for combating the growth of economic crimes throughout the war, the national leadership used a tough punitive policy, but these measures did not give tangible results. The effectiveness of domestic policy measures aimed at ensuring protection of state and personal property of citizens decreased due to deterioration in the quantitative and qualitative composition of the judiciary and political pressure from the party leadership, as well as selective nature of Soviet justice and use of unnecessarily harsh punishments, while deviance resulted from need and hunger.

Abstract:

Given that the situations of preliminary investigation and court proceedings have the same epistemological nature, it is possible to apply the classification grounds developed in the theory of investigative situations to systematise and streamline the trial. It is possible to distinguish judicial situations related to: preservation of evidence obtained during the preliminary investi-gation in court; filling gaps in the preliminary investigation materials; evaluation of evidence in court and, finally, making a decision on the merits of the case. These judicial situations need to be resolved and have a significant impact on the tactics of the judicial investigation. This is because each case raises questions such as whether to begin the examination of evidence with the interrogation of defendants, victims or witnesses and, if there are several defendants, in what order to interrogate them, in what order to inter-rogate witnesses, in what part of the judicial investigation it is better to conduct expert exami-nations, inspection of physical evidence, the scene of the incident and other investigative actions. Criminal procedural legislation does not regulate such issues, which allows us to refer them to the tactics of the judicial investigation. The judicial-investigative situation under consideration, related to the change of testimony in court, can be partially resolved by choosing the order and combination of different forms of judicial interrogation, summoning for questioning to court persons who, according to the defendant, used methods of illegal influence, using such idea of information interaction as the principle of maevtika, related to the enrichment of information. Its essence is that in addition to the information obtained in the course of the investigation and operational-search activities and fixed in the relevant documents, the court should be presented with related information. This may include, for example, a video recording of the information environment at the time of the interview or during the interrogation, especially when the potential perpetrator was confessing. Pursuant to article 240, paragraph 1, of the Code of Criminal Procedure, in addition to hearing the testimony of the defendant, the victim, witnesses and expert findings, examining material evidence, and disclosing protocols and other documents, the court carries out other judicial investigative activities to examine the evidence. This enables the court to identify in the course of the trial the reasons for a change in the evidence and to verify its consistency with reality. At the same time, it is often the investigator or operative who can provide an indication of the sources of information that can help verify statements about the coercion of interrogators to confess, when they are questioned during the judicial investigation.