Commission Of Offence Research Articles

Criminal Responsibility of Accomplices in Committing a Criminal Offence

Background: When a criminal offence is committed by a single person, the problem of criminal responsibility is clear, whereas when the criminal offence is committed jointly by two or more people, the problem of responsibility is discussed. In this paper, the issues related to the problems of the responsibility of accomplices participating in a criminal activity will be addressed, such as the special subject, the excess of the executor, the cooperation and complicity of the case, the use of irresponsible persons in the commission of the criminal offence, and cooperation with unidentified persons. This article will answer the question of whether the criminal offence committed in cooperation would qualify in cases of cooperation with unidentified or irresponsible persons. The conclusions deal with the fact that if the criminal offence is carried out with the will, desire, and joint contribution, it is a product of the joint criminal behaviour, so the persons will be held accountable as accomplices. Also, collaborators are not responsible for other actions of the executor during the commission of the criminal offence, or for actions that go beyond the agreement. Albanian criminal law does not accept objective responsibility in the commission of a criminal offence, it also requires the subjective element. Regarding acceptance of cooperation, there is no cooperation with irresponsible persons. It would not be enough to prove only that in the commission of the crime other persons also participated, be they all adults, but it must be proven simultaneously that the unidentified persons are criminally responsible. Methods: In this study, a comprehensive legal analysis approach was employed to delve into the intricate issues surrounding the criminal responsibility of accomplices engaged in joint criminal activities. The methodology involved a meticulous examination of Albanian criminal law, jurisprudence, and relevant legal principles. The study focused on various aspects, including the special subject, the concept of cooperation, the excess of the executor, cooperation, complicity within specific cases, the utilisation of irresponsible individuals in the commission of criminal offences, and collaboration with unidentified persons. This method allows for gaining a profound understanding of the legal framework governing joint criminal behaviour and accomplice liability. Results and conclusions: The findings of the research shed light on the complex issues surrounding the criminal responsibility of accomplices in cases of joint criminal activities. Through an in-depth analysis of Albanian criminal law and jurisprudence, answers to critical questions concerning the qualification of criminal offences committed in cooperation, especially in cases involving unidentified or irresponsible persons, are provided. The results confirm that when a criminal offence is executed with the shared intent, desire, and joint contribution of individuals, it unequivocally constitutes joint criminal behaviour, leading to accountability for all involved accomplices. Furthermore, the research elucidates that collaborators cannot be held responsible for actions by the principal offender that exceed the scope of their agreement. Additionally, emphasis is given regarding Albanian criminal law adhering to a subjective element requirement for criminal responsibility, ruling out objective responsibility in the commission of criminal offences. Regarding the acceptance of cooperation, the findings underscore that the mere participation of other individuals in the commission of a crime, even if they are adults, does not establish criminal responsibility for unidentified persons. Instead, it necessitates the concurrent demonstration of their individual criminal liability. The results provide valuable insights into the legal principles governing the responsibility of accomplices in joint criminal activities within the Albanian legal context.

Involvement of Legal entities in Committing criminal offences Influencing factors

The involvement of legal entities in the commission of criminal offences is a global phenomenon that has an inestimable impact on individuals and society as a whole, and essentially it is a relatively new phenomenon in the Republic of Latvia, as only in 2005 the Criminal Law of the Republic of Latvia was supplemented with a chapter that provides for the application of forced influence to legal entities. Undoubtedly, the economic activity carried out by legal entities is aimed at the maximum possible profit-making; however, often the persons responsible for legal entities put profit maximisation in a higher position and renounce ethics and moral values, violate the law and even commit criminal offences in the interests of legal entities, due to improper supervision or as a result of control. Therefore, the purpose of this article is to study the factors influencing the involvement of legal entities in criminal offences in the Republic of Latvia to find out what measures could be taken to prevent the involvement of legal entities in committing criminal offences. Keywords: coercive measures; involvement factors; legal entities.

Pravna reforma prostitucije u Belgiji - napuštanje abolicionističkog modela u korist neoregulatornog pristupa

The Belgian Criminal Code underwent significant reform with regard to sexual offences by the Law of 21 March 2022. Concerning the prostitution of people who are of legal age, the legislator has abandoned the abolitionist model and laid the foundations for a neo-regulatory model. Criminal sanctions are now based on the idea that prostitution should be able to be practised effectively, provided that the person offering his or her sexual services does so entirely voluntarily. Accordingly, the Law of 21 March 2022 enshrines the principle of authorising prostitution procurement - subject to certain conditions that have yet to be defined. It also makes it possible, by way of exception, to advertise prostitution. At the same time, the Criminal Code provides for measures to severely punish activities related to forced prostitution or to limit the commission of such offences. Nevertheless, the transition to the neo-regulatory model is not (yet) complete and some questions remain concerning, among other things, the respect by Belgium of its international obligations and the implementation of the new rules.

Taktyko-kryminalistychni osoblyvosti dopytu v umovakh konfliktnoi sytuatsii na stadii dosudovoho rozsliduvannia

The article reveals the tactical and forensic features of interrogation in criminal proceedings in the conditions of the existence of a conflict situation at the stage of pre-trial investigation. The author’s recommendations regarding the sequence of presentation of physical evidence of a material nature to a suspect in the commission of a criminal offense and the subsequent selection of testimony about the circumstances of the commission of the offense are submitted for consideration and discussion in general. Also, the tactical-forensic methods of interrogation previously worked out and already formed by criminologists-practitioners are considered. Modern (innovative) procedural rules and tactical interrogation techniques are being developed, taking into account the variable position of the suspect: sincere confession and denial of his participation in the committed criminal offense. The authors of the article state and outline the legal aspects regarding the legality of using forensic and procedural methods of obtaining and collecting the evidence base. The meaning is revealed and an assessment is made of these novels and the latest approaches in implementing the tasks of the Criminal and Criminal Procedure Codes of Ukraine regarding the protection of individuals, society, and the state from criminal offenses, protection of the rights, freedoms and legitimate interests of participants in criminal proceedings, as well as in the legal provision of protection of public safety and of the constitutional system of Ukraine from criminal and illegal encroachments, thereby ensuring the peace and security of mankind. The need for further research in the appropriate direction is substantiated, as the latter will create prospects for theoretical and practical studies and contribute to solving problematic issues in procedural law and criminology. Attention was drawn to the need for further cooperation between scientists and practitioners in the field of material and procedural law, namely: criminal law, process, and criminology.

Mobile telecommunication devices as carriers of important evidentiary information: prospects and research problems

The article is devoted to the problems of studying modern mobile telecommunications. The relevance of the work is determined by the fact that today there is no sphere of public life where modern electronic means of communication are not used. Any activity to maintain its level requires the active use of modern technical communicators that allow almost instantaneous receipt, processing, and sending of large amounts of information. A significant part of such technical devices are mobile phones or smartphones, which are one of the most common tools (means) in the commission of criminal offences.
 A mobile phone, like any other instrument or means of committing a crime, leaves traces in space and time when it is used. Some of these traces are electronic (digital), which are stored on the phone itself. The research paper examines the main ways to obtain information stored on a mobile device, in particular, through: 1) inspection of the device at the scene of the incident; 2) investigative inspection of the device already seized during criminal proceedings; 3) appointment and conduct of forensic examination. The investigative examination has a serious advantage over the appointment of an expert examination in the context of the speed of its conduct and obtaining results. This is a very important factor, especially if the required information is either small in volume or in the public domain. However, the review completely excludes the process of examining the phone. A detailed investigation is part of a forensic examination, which is a much longer process in terms of procedural, organisational and technical aspects. However, the amount of information obtained in this case is incomparably greater and some of the information can be obtained only through in-depth analysis of the contents of the mobile device. In addition to the prospects of these approaches, the paper also highlights some problems associated with the preparation and conduct of expert investigations of mobile phones or smartphones, in particular, procedural and technical ones (the need to obtain permits for the use of destructive research methods, the lack of necessary technical and software equipment for experts, etc.).

Organisation of prevention of offences in the fiscal sphere: organisational and legal aspects

Offences in the field of taxation are one of the most important financial offences against which the State has taken effective countermeasures. In the system of financial support of the State, the main place is occupied by legal relations of taxation which regulate the flow of funds for the purpose of fulfilling State tasks and satisfying public interests. Today, most spheres of public life are financed by public resources which come mainly from taxpayers in the form of taxes and fees. The purpose of the paper is to analyze the legal framework for prevention of offences in the fiscal sphere, and to study the specifics of administrative and legal measures for prevention of the said torts. The author comes to the conclusion that prevention of administrative offences in the tax area by means of administrative law consists in coordinated activities of tax control subjects, law enforcement authorities and public organizations with a view to neutralizing legal, economic, moral, technical, organizational and other reasons for committing fiscal torts related to violation of the procedure for administering payment of taxes, fees and other mandatory payments in order to protect the rights and legitimate interests of taxpayers. We believe that administrative and legal means of preventing tax offences is a system of substantive (administrative and legal norms in the field of prevention of offences in the tax sphere, administrative acts of individual action - regulatory and protective administrative acts), as well as effective instruments implemented in conjunction with administrative organizational and moral and educational measures. Analyzing the study, it becomes obvious that measures aimed at preventing the commission of offences in the fiscal sphere are a necessary element of the country's legal system, and in fact this process is indispensable for combating tax crime. Implementation of effective measures contributes to ensuring law and order in the field of taxation and is the factor that will most contribute to the development of the country's economic security.

Understanding the Nitty-Gritty of Up-to-Date of Pakistan’s Customs Act, 1969

Pakistan’s Customs Act, 1969 was enacted consolidating and amending the various laws on Customs. There are mainly six methods of valuation of goods including transaction value method, identical goods method, similar goods method, deductive methods, computed method and fall back method. Under Section 79 of the Act, Goods Declaration is filed duly supported by various documents for assessment of leviable duty and taxes. In case of misdeclaration, untrue statement or error etc. section 32 comes into play. Search Warrant is to be obtained by the Gazetted Officer of Customs from the Judicial Magistrate to recover the secreted goods under Section 162 of the Act, Seizure of things liable to confiscation is made under Section 168 of the Act. Section 156 provides the scope of offence(s), nature of breach and penalty thereof. Section 187 of the Act fixes initial burden of proof upon the person involved, which may be rebutted by the Customs authorities. The purpose of adjudication includes confiscation of goods, recovery of duty and other taxes not levied or short levied, recovery of erroneously refunded amount and imposition of fine. An option to fine in lieu of confiscation of goods can be given under Section 181 of the Act. The pecuniary power of adjudication is provided under Section 179 of the Act, whereas there are Appellate forums available in the form of Collector Appeals, Customs Appellate Tribunal and High Court. In addition to this, another mechanism under Alternate Dispute Resolution (ADR) is available under Section 195-C of the Act. In case of commission of cognizable offence, a FIR is lodged and a Special Judge takes cognizance of the offence(s) under the Code of Criminal Procedure, 1989. An appeal or Revision can be filed before the Court having the Powers High Court. The main challenge before the Customs is determination of value of goods paid or payable in relation to the item being valued. In case inaccurate value, either it is the business class who suffers or the state’s fiscal interests are jeopardized on account of lack of requisite capacity of the Customs Officer to successfully address the issue of value of goods and pass the buck onto the importer for charging misdeclaration and a lengthy process of adjudication is initiated against the importer and exporter as well as Clearing Agent as this value holds good for the imposition of Sales Tax, Income Tax and Federal Excise duty.

Peculiarities of appointing and conducting forensic examinations under martial law

It has been proved that criminal justice is a procedure regulated by the norms of current criminal procedure legislation for the activities of specially authorized subjects (bodies of inquiry, preliminary investigation, prosecution, etc.) to determine the circumstances relating to the commission of criminal offences, conduct pre-trial investigation, hold court hearings, render decisions and impose punishment for criminal offences. It has been noted that forensic examination is a special study carried out by highly qualified persons, in accordance with the established procedures and methods, with the aim of obtaining objective and reliable information about an object or event which is the subject of a trial. Forensic examination is one of the key means of evidence in criminal proceedings. Its key purpose is to conduct a specialised investigation to obtain objective and reliable data about a particular object, which can be used as evidence in criminal proceedings. Forensic examinations can be conducted in various fields, such as medicine, physics, chemistry, ballistics, graphology and others, and the data collected can be important for the course of criminal proceedings.
 It has been noted that under martial law, there are fundamentally new features of the appointment and conduct of forensic examinations. At the same time, the need to reduce bureaucratic procedures in the course of appointing examinations, to introduce certain elements of electronic document flow into this process, to reduce the timeframe for conducting certain examinations with their mandatory preliminary differentiation depending on the degree of complexity, and to ensure that such differentiation is legally enshrined in law are also emphasised.

Munitions and explosives as objects of criminal offences during the commission of criminal offences

Without a principal law in Ukraine on weapons and munitions for them, certain difficulties arise in law enforcement activities with the qualification of the actions of offenders in the field of illegal circulation of weapons, manufacture of munitions, and the use of explosives. The purpose of this study was to investigate such weapons as ammunition and explosives, which become the subject of offences by criminals in connection with the illegal circulation of weapons, their components, their manufacture, and use. The study employed historical-legal, comparative-legal, systemic-structural, statistical, and sociological methods. Military supplies and explosives were classified to establish a particular object as an object of criminal encroachment; their forensically significant features and properties were determined. The role of ballistics specialists, explosives specialists, and other experts during the inspection of the scene, the investigation of illegal arms trafficking, the manufacture of ammunition and the use of explosives was covered. It was proved that ammunition and explosives have a close relationship with the persona of the criminal, the method of committing the criminal offence, and the trace pattern. The theoretical provisions regarding the properties and signs of ammunition and explosives were improved. Forensic recommendations on the actions of law enforcement officers with ammunition and explosives in criminal proceedings were developed. Recommendations regarding the removal and packaging of munitions and explosives as physical evidence have gained further development. The practical significance lies in clarifying the properties and signs of ammunition and explosives, which allows for the identification of these items at the initial stage of the investigation; correct actions for their detection, fixation, extraction, packaging; appropriate criminal-legal qualification of the offence committed

Neuro-Cognitive Correlates of Sexual Offences - A Systematic Review

Abstract: The study aimed to identify the neurocognitive correlates of sexual offences. A qualitative descriptive approach was undertaken and the design of Systematic Review was used. A total of 1856 researches were initially identified and were brought down to 76 following the criteria and finally 9 papers were undertaken after manually assessing them. The results showed a significantly high relationship between cognitive deficits and commission of sexual offences. A relationship was also found between frontal cortex especially the prefrontal pathology and commission of sexual offences. Executive functioning, verbal reasoning and cognitive control were very high in sexual offenders. Sexual offenders of adults and non-offenders had similar cognitive functioning compared to offenders of children who scored lower in neurocognitive tests. The use of forensic neuroscience in the criminal evaluation set up needs to be increased for successful identification of such cases and further studies of structural changes and functional changes of the brain are required to conclusively prove the role of neural systems in commission of sexual offences.

„PRZESTĘPCA ZAWODOWY” W UJĘCIU KODEKSU KARNEGO – WYBRANE PROBLEMY WYKŁADNI ART. 65 § 1 K.K.

The paper is devoted to the analysis of a phrase describing a ‘professional criminal’ in Article 65 § 1 of the Polish Criminal Code (CC). The meaning of the amendment of 2004, which changed the description of the professional criminal, is discussed in detail. While earlier such a criminal was defined as a person who ‘has made the commission of offences his or her regular source of income’, since 2004 it is sufficient if the regular income comes from the ‘commission of an offence’. It is argued that this change means that also cases in which the offender commits only one offence that can be the source of long-lasting income should be treated as offences committed by the professional criminal under Article 65 § 1 CC. Yet, there are no sound criminal policy reasons supporting such a broad application of the provision. Furthermore, the case law examined in the paper demonstrates that in practice the courts assume that a regular criminal activity is the prerequisite for applying Article 65 § 1 CC. Therefore, the following amendment to the discussed provision is suggested: either to restore the previous description of the professional criminal as a person whose income comes from the commission of offences (and not just one offence) or to indicate criminal activities as the source of such income.

К вопросу о необходимости профилактической работы инспектора по делам несовершеннолетних в аспекте медиабезопасности несовершеннолетних

Currently, the information society is developing at a high speed, in fact, almost everyone uses the Internet on a regular basis. The global rate of Internet usage has increased significantly over the past few decades. Although this trend is observed in all age groups, it is most pronounced among minors. The expansion of interactive online activities seems to be encouraging young people to stay online longer than expected.
 It is known that excessive use of the Internet increases the tendency to develop destructive behavior on the Internet. Such high-risk behavior can have a detrimental effect both on the psychological development of adolescents and on the formation of their further behavior. We must not forget that when using the Network, you can get both necessary and useful information and "false" information. In most cases, it is minors who are exposed to negative information due to their age and psychological characteristics.
 In addition, groups with a destructive orientation are being formed on the Network, which broadcast aggression, cruelty, hatred, calls for suicidal behavior, which can subsequently lead to the formation of destructive behavior on the part of minors and an increase in the commission of offenses and crimes. Currently, due to the aggravated situation in the world, it is much more common to notice the spread of negative information on the Internet, as well as "false" information that can negatively affect the formation of the worldview of minors, value orientations and further behavior.
 Of course, on the one hand, the use of the Network gives a minor the opportunity to satisfy their necessary needs, such as communication, searching for information, watching movies and useful videos, etc. But on the other hand, certain risks appear to a greater extent in the use of uncontrolled communications by minors, access to negative content appears.
 We emphasize that the main preventive activities should be carried out by law enforcement agencies. Due to the fact that the protection of the rights of minors is within the competence of the Juvenile Affairs Unit (hereinafter PDN), first of all, preventive activities should be carried out by PDN inspectors.

Педагогическая запущенность как фактор, детерминирующий правонарушения несовершеннолетних

The article considers the problem of formation and development of pedagogical neglect. Pedagogical neglect of minors is associated with the peculiarities of their social situation and is due to psychological and pedagogical reasons.
 The problem of pedagogical neglect is considered from the point of view of various sciences, including pedagogy. The article lists the reasons for the formation of this phenomenon. The interrelation of pedagogical neglect and the commission of offenses by minors is described. The influence of family and other socio-psychological factors on the attitude of a minor to education and upbringing is also emphasized. The status and situation of juvenile delinquents in the educational team is analyzed.
 Pedagogically neglected children, due to improper upbringing, can quickly adjust when the conditions of upbringing or training change. The article presents measures of psychological and pedagogical influence in order to stimulate a minor to activity.

CURRENT STATE AND DEVELOPMENT TRENDS OF INTERNATIONAL LAW IN THE CONTEXT OF ECONOMIC AND LEGAL ANALYSIS OF FINANCIAL MEASURES TO COMBAT CYBERCRIME IN THE GLOBAL ENVIRONMENT

The purpose of the article is to study the theoretical foundations and applied recommendations for the development of international law in the context of economic and legal analysis of financial measures to combat cybercrime in the global environment. Based on the results of the research, it was found that the development of international law is under the influence of significant destabilizing factors of a legal, political, economic and social nature and has a significant impact on the financial and economic system of the country because a specific share of cybercrimes is related to the commission of offences in the financial and economic system. The low level of effectiveness of international law in regulating legal relations financial and economic nature in cyberspace was revealed. The intensification of economic crime has been proven in the virtual environment has been proven. As a result of research carried out by the countries of the European Union and Ukraine regarding the identification of trends in the international legal regulation of the system of financial measures against cyber risks and modern cyber threats, as well as the formation of methods and measures for combating economic cybercrime, it was established that among the countries selected for analysis, three groups are distinguished, characterized by common signs: highly developed countries (Austria, Belgium, Denmark, Ireland, Luxembourg, the Netherlands, Germany, Portugal, Finland, Sweden), where the high indicators of ensuring the protection of cyberspace against criminal encroachments of a financial and economic nature are positioned, however, there are certain problems that need to be solved; developing countries (Slovenia, Estonia, Spain, Latvia, Lithuania, Malta, Poland, France, Slovakia, the Czech Republic), where high indicators of cyberspace protection are positioned, however, there are certain problems that need to be solved; developing countries (Bulgaria, Greece, Italy, Cyprus, Romania, Hungary, Croatia, Ukraine), in which there are significant problems of ensuring cyber security and economic and legal regulation of systemic counteraction to cyber risks and cyber threats, arising in the financial and economic sphere. Ways to strengthen the influence of international law on the system of financial countermeasures against cybercrime are proposed, namely: improvement of international law norms on increasing the level of cyber security of the financial and economic sphere of the state based on the innovative development of information technologies and the convergence of artificial intelligence technologies; strengthening of international legal regulation of economic aspects of activity and protection of producers of information and communication technologies; strengthening the protection of information flows containing information on the implementation of financial and economic transactions in cyberspace.

Identification, collection, and investigation of electronic imagery as sources of evidence

Given the rapid pace of informatization of society, the number of criminal offences involving the use of computers, their software, as well as telecommunications systems is continuously growing. Such illegal actions are characterized by leaving traces, including electronic imagery. They can be evidence of the commission of criminal offences, which explains the development and improvement of methods for their detection, collection, and investigation by law enforcement agencies. However, today such methods of detecting, collecting, and investigating electronic imagery of evidence are separately contained in several scientific papers of Ukrainian and foreign scientists, which allowed comprehensively covering them in this study. The purpose of this study was to review the theory and practice of the activities of authorized entities for the detection, collection, and investigation of electronic imagery of evidence. The study uses a set of various methods, namely scientific cognition of real phenomena and their connections with the practical activities of authorized bodies for the detection, collection, and investigation of electronic imagery (dialectical method), as well as special and general scientific methods of legal science. The study showed as follows: usually, investigators and operational officers detect electronic imagery independently, or as part of an investigative task force during the investigation of criminal offences, or before their commission; the collection of electronic imagery occurs during procedural actions (usually law enforcement intelligence actions) both from technical devices with which a criminal offence was committed, and from those that were attacked. When extracting electronic imagery, it is advisable to involve a suitable specialist (if possible, a cyberpolice officer); an authorized investigator, specialist, and expert are authorized to examine electronic imagery. Expert research of electronic imagery belongs only to experts and is carried out using the following examinations: computer equipment and software products, telecommunications systems and tools, as well as technical and forensic examination of documents. The conducted review will help authorized practitioners restore the memory of knowledge about information about the tools for detecting, collecting, and investigating electronic imagery, which will ensure the effective implementation of the tasks of criminal proceedings

CRIMINOLOGY RESEARCH OF THE INFLUENCE OF INTERNET CONTENT ON INTERPERSONAL COMMUNICATION AND BEHAVIOR OF MINORS

The article examines the influence of the Internet on the child's development, behavior and interpersonal communication. The relevance of this problem lies in the search for a balanced and responsible use of information resources. The information field has a constructive effect on the cognitive, motivational and emotional sphere of the minor. The conducted criminological analysis made it possible to single out the main forms of destructive influence of the network on minors, which lead to: commission of offenses, popularization and adaptation of negative and dangerous behavior patterns (cyberbullying, trolling, cybergrooming, sexting, train surfing, rough riding); justifying and encouraging the use of profanity; formation of internet addiction; suicide or victimization. Prophylactic measures in the information sphere are proposed, which are based on the formation of media literacy in the juvenile environment. These measures will contribute to the development of children's conscious attitude to information; formation of acceptable communication skills; achieving goals in real life; will increase the level of sociability, self-esteem and stress resistance in children. Preventive measures should be the basis of information security and acceptable development of the young generation.

ТЕХНІЧНЕ ЗАБЕЗПЕЧЕННЯ РОЗШУКОВОЇ ДІЯЛЬНОСТІ ПРИВАТНИХ ДЕТЕКТИВІВ В УКРАЇНІ

Current trends in the development of criminal practices require the state to respond appropriately to them, to develop effective mechanisms to prevent crime. As a result, the crime prevention system is in constant motion. It depends on many factors, especially on the implementation of political will and the fulfillment of Ukraine’s international obligations. This is directly reflected in the current legislation, which generally forms a strategy to prevent crime and find its tactical countermeasures. One of such manifestations today is a new, in essence, detective activity of both public bodies and private organizations (institutions). Private detective work is regulated differently at the legislative level in many countries around the world. Despite the normative enshrinement, the activities of private detectives differ greatly in the degree of legal regulation by state institutions and control by professional self-government bodies. This primarily applies to both the licensing process and the process of carrying out such activities. On the way to knowledge of preventive detective activity there are certain both theoretical and practical problems. These include the fact that the subjective dimension of private detective activity, as well as private detective activity itself, has been little studied in modern criminological practice and has hardly been developed. Legal bases of use (application) of special means consist of the legislative acts regulating activity of bodies to which the right to their application is given. The legal basis for the use of special technical means in private detective work is a system of legal norms and bylaws that determine the admissibility or regulate the procedure and conditions of their use. The purpose of special equipment is in the following aspects: 1) facilitating the detection and investigation of crimes, ensuring the high quality of the inspection of the crime scene, facilitating the discovery of physical evidence during searches; 2) creating opportunities to obtain reliable information about persons involved in the preparation or commission of offenses. Statistics show that with the help of a number of operational and technical means it is possible to quickly and reliably obtain and record information about specific persons who plan or prepare crimes, and then take measures to prevent them. Devices for the use of such tools can be audio and video equipment, surveillance devices, etc .; 3) physical cessation of resistance by criminal elements. This can be achieved through the use of special means of personnel protection and special operations.

ТЕХНІЧНЕ ЗАБЕЗПЕЧЕННЯ РОЗШУКОВОЇ ДІЯЛЬНОСТІ ПРИВАТНИХ ДЕТЕКТИВІВ В УКРАЇНІ

Current trends in the development of criminal practices require the state to respond appropriately to them, to develop effective mechanisms to prevent crime. As a result, the crime prevention system is in constant motion. It depends on many factors, especially on the implementation of political will and the fulfillment of Ukraine’s international obligations. This is directly reflected in the current legislation, which generally forms a strategy to prevent crime and find its tactical countermeasures. One of such manifestations today is a new, in essence, detective activity of both public bodies and private organizations (institutions). Private detective work is regulated differently at the legislative level in many countries around the world. Despite the normative enshrinement, the activities of private detectives differ greatly in the degree of legal regulation by state institutions and control by professional self-government bodies. This primarily applies to both the licensing process and the process of carrying out such activities. On the way to knowledge of preventive detective activity there are certain both theoretical and practical problems. These include the fact that the subjective dimension of private detective activity, as well as private detective activity itself, has been little studied in modern criminological practice and has hardly been developed. Legal bases of use (application) of special means consist of the legislative acts regulating activity of bodies to which the right to their application is given. The legal basis for the use of special technical means in private detective work is a system of legal norms and bylaws that determine the admissibility or regulate the procedure and conditions of their use. The purpose of special equipment is in the following aspects: 1) facilitating the detection and investigation of crimes, ensuring the high quality of the inspection of the crime scene, facilitating the discovery of physical evidence during searches; 2) creating opportunities to obtain reliable information about persons involved in the preparation or commission of offenses. Statistics show that with the help of a number of operational and technical means it is possible to quickly and reliably obtain and record information about specific persons who plan or prepare crimes, and then take measures to prevent them. Devices for the use of such tools can be audio and video equipment, surveillance devices, etc .; 3) physical cessation of resistance by criminal elements. This can be achieved through the use of special means of personnel protection and special operations.

О гражданско-правовых механизмах защиты Российской Федерации от диффамации

Introduction: in the era of the digital economy it is impossible to imagine today’s world without mass media, without the Internet, which greatly affect the surrounding reality. There are often cases when many phenomena of modern reality, the ideas of which are available in society, over time have received an interpretation that is fundamentally different from the original one. It is the mass media that plays a huge role in this, which, thanks to the achievements of the digital sphere, literally shape people’s consciousness and their way of thinking. The information sphere of public and state life is becoming open and vulnerable to various kinds of fake news and publications, which to a large extent makes it an environment “favorable” for abuse and the commission of offenses. The purpose of the study is to substantiate the expediency of introducing into the legislation such concepts as “reputation” and “defamation” in relation to the Russian Federation as a subject of civil law relations, based on repeatedly recurring situations involving the dissemination of defamatory information (defamation) towards it, as well as ensuring that in the conditions of rapid development of the digitalization and digital technologies, Russia could protect such a special kind of intangible good as “reputation”. Methods: the methodological framework for the study includes the theoretical, comparative legal methods, the method of analysis and synthesis. Results: it has been established that currently the issues of ownership of intangible goods and personal non-property rights to them, as well as the participation of the state in personal non-property legal relations are not regulated by law. Considering the provision of Part 1 of Art. 125 of the Civil Code of the Russian Federation which explicitly recognizes but does not clearly specify the personal non-property rights of the state, the study of the participation of the Russian Federation in personal non-property relations as an equal party to civil law relations is relevant. In addition, the current situation and the state of affairs in these public relations relating to personal non-property rights does not allow talking about the equality in the position of the state in comparison with other parties to civil law relations in cases of defamation, stated in Part 1 of Article 124 of the Civil Code of the Russian Federation. The existing legislation does not provide a real opportunity to protect the intangible good of the state from defamation, such as reputation, the rights to which have been violated. Conclusions: to prevent negative consequences for Russia that may arise as a result of frequent cases of defamation, it is necessary to ensure the civil protection of Russia’s reputation from defamation. It is necessary to take a set of measures: firstly, to legislatively define the term “defamation”, to enshrine in the law that Russia as an independent party to civil law relations can be a subject of defamation on an equal basis with citizens and legal entities, and also to define the concept of “reputation” applicable to the Russian Federation.

Internet Service Providers and Intermediary Liabilities

Just as the provision of goods in the physical world necessitates the involvement of numerous entities that act as intermediaries, the internet supply chain involves several online intermediaries that provide the infrastructure via which customers can exchange information. These can include but are not limited to, telecom and internet service providers, web hosting, Internet search engines, social networking, instant messaging, and so on. It is now impossible to consider life without the internet. The internet, which connects billions of people globally, is a key pillar of the modern information society for creating and trading material. The way we connect and share information has changed, with many negative consequences, and it's not every day that intermediaries are neutral. The judicial process has continued to shape and solidify legislation relating to intermediaries over the years. In India section 79, of the Information technology Act, 2000 governs intermediaries (service providers), under this law no person providing any service as a network service provider shall be liable, rules or regulations made thereunder for any third-party information or data made available by him if he proves that the offense or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offense or contravention(the information technology act, 2000, 2000). In 2017, UNESCO published the book “Fostering Freedom Online: The Role of Internet Intermediaries”. It aimed to shed light on how internet intermediaries both foster and restrict freedom of expression across a range of jurisdictions, circumstances, technologies, and business models. (MacKinnon Rebecca et al., 2015). In Ghana, the (Data Protection Act, 2012) was borne by the constitution to protect the privacy of the individual and personal data by regulating the processing of personal information, providing the process to obtain, hold, use or disclose personal information, and for related matters. Serving as a check to these internet intermediaries. In the (electronic transactions act, 2008 (ACT 772)), section 90 is dedicated to the Liability of service providers and intermediaries. “Liability” means that intermediaries must prevent the occurrence of unlawful or harmful activity by users of their services. Failure to do so may result in legal orders compelling the intermediary to act or expose the intermediary to civil or criminal legal action (APC). Keywords: intermediaries, Internet Service Providers, liable, jurisdictions, internet BOOK Chapter ǀ Research Nexus in IT, Law, Cyber Security & Forensics. Open Access. Distributed Free Citation: Anna Asunka (2022): Internet Service Providers and Intermediary Liabilities Book Chapter Series on Research Nexus in IT, Law, Cyber Security & Forensics. Pp 113-118 www.isteams.net/ITlawbookchapter2022. dx.doi.org/10.22624/AIMS/CRP-BK3-P19