Crime Categories Research Articles

Понятие преступления и классификация преступлений в уголовном праве зарубежных стран

Introduction. The legal, in particular, the criminal law direction of the comparative method application in science is currently an actively developing teaching in the system of domestic criminal law science. Because of this, and in the light of the fundamental shifts in world politics taking place in recent years, entailing corresponding changes in the system of international law, scientific research in the direction chosen by the authors is being updated. Materials and methods. The research is of a subject-scientific nature and is carried out, in general, on the basis of the study of the criminal legislation of foreign countries, which constitute the main scientific interest of the authors. The work was carried out taking into account the opinions of leading modern Russian scientists-specialists in the field of criminal law comparative studies. Analysis. The article studies the issues related to the definition in the criminal law of foreign countries of one of the basic concepts of criminal law doctrine – the concept of crime, as well as a number of emerging scientific problems. The complexity of the comparative legal study of this concept is aggravated by the absence of its legislative definition in a number of legal systems of modernity. To overcome this problem, the paper analyzes the concept of a criminal act characterized by signs of illegality (illegality), harmfulness (public danger), culpability and punishability. At the same time, the authors pay special attention to the issue of criminalization of criminal inaction. The historical and legal analysis of the attribute of causal relationship related to the act has been carried out. The article concludes with a study of doctrinal and legislative experience in the field of classification of crimes, as well as the practical significance of this issue for decision-making in the field of criminal legal assessment of committed acts. Results. The analysis allows the authors to formulate a number of reasonable and noteworthy conclusions of a comparative nature.

Уголовная ответственность за преступления, совершаемые с особой жестокостью и путем жестокого обращения: вопросы квалификации

Addressing the issues of classification of crimes committed with extreme brutality and through abusive treatment is caused, firstly, by the amendments to the criminal law provision on torture in 2022 – the introduction of the “extreme brutality” qualifying factor and the removal of the note with the concept of torture. The second cause is the trend in criminal policy observed in 2022–2023 – strengthening and extension of responsibility for crimes related to the special military operation. The paper deals with the analysis of signs of extreme brutality and abusive treatment contained in some articles of the Criminal Code of the Russian Federation (the RF Criminal Code). The author lays main emphasis on determining the essence of extreme brutality as a novelty of Art. 117 of the RF Criminal Code and abusive treatment in the construction of part 1 of Art. 356 of the RF Criminal Code. As a result of studying scientific publications, guiding explanations of the resolution of the Plenum of the RF Armed Forces and judicial practice materials, it is concluded that “extreme brutality” and “torture” are unequal concepts; they are correlated as a whole and a part. In turn, the terms “abusive treatment” and “extreme brutality” are not identical. In some crimes (part 1 of Art. 356 of the RF Criminal Code), the first term covers the second one, and in others (Art. 245 of the RF Criminal Code), extreme brutality is differentiated from the abusive treatment content. To clarify the concept of extreme brutality, the author proposes to amend the existing resolution of the Plenum of the RF Armed Forces dated December 4, 2014 No. 16 and adopt a new resolution. The paper justifies the need to tighten responsibility for committing a crime under part 1 of Art. 356 of the RF Criminal Code.

ТОЛКОВАНИЕ ОЦЕНОЧНЫХ ПОНЯТИЙ ПРИ КВАЛИФИКАЦИИ ПРЕСТУПЛЕНИЙ, СОВЕРШЕННЫХ ПО ЭКСТРЕМИСТСКИМ МОТИВАМ

The subject of the study is social relations in the protection of an individual, the basics of constitutionality, and the security of the state. The study aims to examine the legal content of extremist motives. The objectives of the study are the following: reading of act attributes in classification of crimes committed to ignite social, racial, national, or religious discord or hatred against any social group. Methods used in the article include studying academic lawyers’ opinions on the issue and selecting and analyzing case materials. At the moment, it is difficult to provide a clear legal criterion for delimitation of positive and negative motives in classifying acts of the perpetrator under regulations with extremist motives. The law enforcer is responsible for resolving this problem by determining the content and legal value of given motives in each specific case during the investigation of a criminal case and legal proceedings. The Plenum of the Supreme Court of the Russian Federation has issuee the directives that propose to establish approximate criteria for distinguishing the motives of political, ideological, racial, national, or religious hatred or enmity, or hatred or enmity in relation to any social group according to a positive and/or negative orientation as applied to socially significant values. Based on the analysis of scientists’ viewpoints and judicial practice, a formalistic approach used by the law enforcer in classifying crimes with extremist motives is identified, which does not reflect the real content of acts in this category. The author substantiates that it is not recommended to classify all crimes against an individual or the security of the state for extremist reasons, despite their direct presence.

Military Crimes in Classical Athens according to the Speeches of Attic Orators

The article addresses the problem of military crimes in classical Athens based on the analysis of the speeches of Attic orators. First of all, the attention is drawn to the classification of crimes mentioned in speeches. In particular, the starting point for this study is the fragment from Andocides listing various types of military crimes: service evasion, desertion, cowardice, abandoning of shield, and non-participation in a naval battle. The article also examines cases related to violations of military discipline, which, apparently, stood apart from other types of crimes, which may be due to their lesser severity and punishment. In general, the issues under study in the article are considered from two perspectives: firstly, the reasons for the orators’ appeal to the topic of military crimes, and, secondly, the analysis of the cases of crimes themselves and their interpretation by the orators. The authors come to the conclusion that the orators did not specifically address the topic of military crimes, with the exception of Lysias, whose two speeches are devoted to accusing Alcibiades the Younger of evading service and of desertion. The facts of military crimes, as a rule, were used to create a negative characterization of a person or were part of an accusation of another crime. In addition, a very free interpretation of these facts could take place, when orators made an attempt to accuse a person of several crimes at once, as, for example, with regard to Alcibiades the Younger and Leocrates. The case of Demosthenes, is, in fact, unfounded accusation of desertion by his political opponent Aeschines. However, according to the sources, the allegations of abandoning of arms could be regarded as slander, for which punishment was provided. There are no cases associated with non-participation in a naval battle referred to by orators, which may be due to the difficulty in identifying these facts and a small number of naval campaigns compared to those on land.

Fear of crime: The concept’s evolution from 2001 to 2021

The article aims at the general description of the academic research that examines the fear of crime concept after September 11, 2001, when new areas of research became a part of security studies, substantially changing the very understanding of fear of crime. Thus, there was a change in the academic models for examining the social perception of crime. At first, there were some fruitful years for the sociological analysis of the fear of crime concept. Today, sociological studies of fear of crime continue, but this concept became even more important for criminological studies. Therefore, we analyzed the fear of crime category in the articles published in peer-reviewed academic journals in the criminological and sociological perspectives (Sage, Jstor, EbscoHost, and others). The findings explain the evolution of the fear of crime concept in the research from 2001 to 2021. For Latin America, the concept of fear is quite recent, which is very different from other regions of the world. Moreover, the interpretation of fear in Latin America is very different from both Europe and the United States. Although Latin America and the United States have much in common, the article presents the unique features of the Latin-American approach to this phenomenon.

DETERMINANTS OF CRIME AMONG PERSONS SERVING A PENALTY IN PENITENTIARY ESTABLISHMENTS

The article aims to discuss crime-related issues in the light of social pathology, as well as crime-related phenomena and processes in the field of criminology, in terms of the types and categories of crimes. It defines social pathology and one of its forms, which is criminality, and its causes. This is also the context to present the process of resocialisation in the penitentiary establishment. To discuss the main topic, the Authors present the crime-related phenomena and processes in the field of criminology and social practice, the forms and causes of crime in the families of adult detainees, the prisons and their functioning and tasks, as well as the effects of resocialisation in the support system for detainees and their families.

Public transport stops and crime within the city space. The case of Stare Bałuty in Łódź

The goals of the study presented in the article draw attention to the role of public transport stops in the spatial distribution of crime in the Stare Bałuty estate in Łódź, Poland. Answers are provided to the questions of spatio-temporal structure of criminal acts committed within the estate, the influence zone of transport stops as well as the assessment and effects of environmental crime predictors in their vicinity. Crime location quotient (LQC) was used to assess the intensity of crime and identify the influence zone that attracts certain categories of crimes to the vicinity of stops. The influence of environmental predictors on the level of threat was identified and assessed on the basis of B. Czarnecki’s method. The variables used in the analysis initially spanned 739 crimes and 53 public transport stops evaluated with regard to 20 safety aspects and their impact on the pro-crime effects on the scale of location as well as various forms and functions of urban development. A strong negative influence of public transport stops ‒ attracting various categories of crime, mostly property theft ‒ was discovered. The negative influence of stops on the concentration of crime within 200 metres is reinforced by the existence of environmental crime predictors. The recommendations and discussions resulting from the findings should influence the policy of crime prevention on the level of object location, management and the maintenance of socio-spatial order in the vicinity.

INTERNATIONAL LEGAL FIGHT AGAINST THE ILLEGAL CIRCULATION OF CULTURAL HERITAGE OBJECTS IN THE CONDITIONS OF ECONOMIC INTEGRATION

The subject of the study is the conceptual, theoretical, empirical, methodological and applied foundations of the international legal fight against the illegal circulation of cultural heritage objects in the conditions of economic integration. Methodology. General scientific and special legal methods were used in the research process. Quantitative and qualitative characteristics of illegal circulation of cultural heritage objects in conditions of economic integration as a social phenomenon were determined with the help of the analysis. The synthesis provided the formation of common features of negative and positive factors that hinder and facilitate the illegal circulation of cultural heritage objects. The comparative legal method allowed to identify the common and distinctive features of the international agreements in this area, as well as with regard to the implementation of their provisions in the national legislation of Ukraine and the Republic of Azerbaijan. The formal-legal method created the conditions for formulating conclusions on the effectiveness of measures defined by international and national legislation in combating the illegal circulation of cultural heritage objects. The purpose of the article is to identify the characteristics of the international legal fight against the illegal circulation of cultural heritage objects in the conditions of economic integration. The results of the study showed that the international legal fight against the illegal circulation of cultural heritage objects is reflected within the universal international legal, regional international legal and national levels, which are mediated by the legislation of general, special and national legal regimes. Conclusion. Characteristic signs of the deformation of the legal market for the circulation of cultural values have been revealed, taking into account the socio-political and economic conditions of the country in which it exists, the culture of the relevant people, and the level of regulatory and legal support that determines the rules for the civilized circulation of such objects. It has been established that the characteristic conditions under which the illegal circulation of cultural heritage objects takes place as a social phenomenon in today's conditions are: 1) interpenetration of the cultures of existing peoples within the framework of economic, political, legal and other spheres of society; 2) establishment of various forms and methods of exchange of similar goods in social life; 3) occupation of a corresponding niche by such objects in the spiritual, legal, social and economic content of such relations; 4) creation of conditions for access to such objects not only by representatives of the countries of origin, but also by other representatives of the world community, in particular through the means of the global Internet network; 5) as a result of the increase in value of such objects due to demand in society, especially due to illegal procedures; 6) in connection with the radicalization of social relations within certain countries or geopolitical formations, creation of conditions for illegal export of such objects from countries where armed conflicts are spreading. In terms of economic integration, the first level is significant, which is mediated by normative prescriptions of international legislation within the framework of the UNESCO Convention 1970 та UNIDROIT Convention 1995, the first of which has a more declarative and generalized nature on issues of normalization of rules of circulation of cultural heritage, and the second ensures the creation of legal structures for the return of illegally transferred cultural values in circulation using private law means. It is established that the instruments of the UNESCO Convention of 1954 with its attached protocols UNESCO Convention of 1954 with its attached protocols UNESCO 1954 Protocol to the Convention та UNESCO 1999 Second Protocol to the Convention make it impossible for criminal groups to finance their activities precisely at the expense of the sale of objects of cultural heritage, mediate the introduction of the category of crime under such circumstances as acts in the form of denial of the right to culture and consideration of the latter as a method of waging war. The cultural value approach of the given regulations is supported. The ways of implementation of the international standards of the fight against the illegal circulation of cultural heritage objects in the national legislation of Ukraine and the Republic of Azerbaijan are analyzed.

Peculiarities of the Investigation of Juvenile Drug Trafficking Offences

The objective of this study was to determine the mandatory requirements for the investigation of drug-related crimes imposed by the age category of the accused. The study involved the following methods: information analysis, systemic approach, descriptive analysis, pragmatic approach and prognosis. It was concluded that tactical techniques, stages, investigative situations in the investigation of juvenile drug-related crimes are used in the same cases and in the same order as in relation to other categories of crimes. It is indicated that the following mandatory requirements to be met during the investigation of juvenile drug-related crimes: 1) establishment of all necessary circumstances of the case of this category; 2) ensuring mandatory participation of an expert in forensic psychology at all stages of the investigation; 3) ensuring mandatory participation at all stages of the investigation of parents or other legal representatives of the minor, representatives of the Children's Service and juvenile police; 4) ensuring psychological and informational safety of the minor; 5) ensuring the most humane and tolerant attitude towards juvenile offenders.

PREVENTION OF TRAFFICKING IN HUMAN BEINGS AT THE NATIONAL AND INTERNATIONAL LEVEL

Trafficking in persons has become a category of crimes that increasingly concerns the authorities with powers in the field of combating acts of an antisocial nature, but the shock wave that this type of criminal acts produces is of a much greater amplitude, causing social disturbances, psychological-behavioral, economic including financial, with a harmful impact on the defense system of national and international public order and safety.

Nemzetközi Rendészeti Figyelő VIII.

Aim: The aim of the briefing notes on foreign law enforcement literature is to find sources that provide thought-provoking messages for researchers. All the reviews in issue VIII have this virtue.Methodology: Among the theoretical subjects, it is worth noting that the autonomy of police science and its close relationship with public administration is a matter of debate. The problem can be read about in József Beke’s review. Tibor Bánáti stresses the importance of scientifically proven methodology when he talks about recommendations on interrogation tactics which, without a solid and proven theoretical basis, could jeopardise the effectiveness of investigations. Elliot Aronson and Carol Tavris wrote about the obstacle of establishing the material truth in their book published in 2009 in Hungarian. In criminology, methodological requirements are the so-called Daubert criteria: scientifically proven methodology, published results, setting of error margins, critical reception. Findings: The demanding research work cannot avoid uncovering the dysfunctions of the institutions, especially when such serious issues arise as discrimination appearing in the actions of the authorities, which can only be curbed after a thorough investigation. Bernadett Bacsó’s paper provides information on this endeavour. The phenomenon of prejudice against the Islamic religion and against citizens of Muslim origin often arises. Krisztián Kakócz quotes an author who warns that sometimes it is our lack of kno wledge of concepts that lies behind exclusionary attitudes towards foreigners. There are lessons to be learnt from a dogmatic analysis of the legal concepts of trafficking and smuggling, especially when combined with a criminological perspective. The delineation of guilt and vulnerability in the relevant crime categories can only be successful in this way, as confirmed by the foreign research presented by Mónika Herczeg. The Observer concludes with a presentation by Tamás Molnár on the criminology of climate change. He describes a book that „clearly points to the fact that the prevailing socio-economic and ideological interests and the system that serves them pose the greatest threat to the environment.” Ferenc Irk, the most prominent domestic practitioner of the topic, has recently published a book on the metamorphosis of the exploitation of man and his environment.Value: Foreign literature emphasises the most important virtues of law enforcement research when it affirms the autonomy of scientific thinking and the responsibility of the researcher, and requires a well-established, widely published methodology that takes into account the margins of error. According to the definition in Volume XVIII of Révai’s Great Dictionary, science is „a system of critically validated, i.e. true, knowledge about a subject.” Autonomy does not tolerate the silencing of critical discourse, and the assumption of responsibility is a precondition for theory to develop solutions in cooperation with practice in order to avoid infringing and ineffective official interventions.

From Genocide to Ecocide. Essentials of a new category of international crime against humanity

The recent legislative initiative for the adoption of an amendment to the Rome Statute on ecocide as a new category of crime against humankind has an impressive normative background in the classical doctrine of international criminal law pioneered by Raphael Lemkin, in the prescriptions of the ethics, and in the discourse of an international community aware that the protection of the totality of life together with the ecosphere is currently the most urgent priority. Between 2019 and 2021, the Independent Expert Panel for the Legal Definition of Ecocide at the European Parliament developed a legal definition of ecocide. In the following article, I discuss 1) the nexus between genocide and ecocide, 2) the prescriptions of the ethics of responsibility for the future of all life on earth, further justifying the need to prosecute the perpetrators of ecocide, 3) specificities of ecocide as a comprehensive and expectedly effective category of international criminal law in comparison to the human right "to" a healthy and legally protected environment and in comparison to constitutional ecocentric rights, as more declarative but less effective. When adopted into the Rome Statute, the new category of crimes against humankind may equip the International Criminal Court in The Hague with an effective legal tool to prosecute perpetrators of ecocides.

Combating the Antisocial Scourge of Mercenary Activity – Case Study. Part I

The activity of mercenaries is a dangerous act that is part of the category of war crimes. Despite the fact that this crime is a new type of crime encountered in objective reality, it is still noted that more and more citizens of the Republic of Moldova are becoming subjects of this lawlessness. For this reason, in the present study we propose to analyze the information, respecting personal data, from some real cases of mercenary activity, published in the online environment.

Reconstruction of Types of Sentencing in the Juvenile Justice System in Indonesia (Discussion Against the Criminal Position of Warning)

The Juvenile Criminal Justice System is implemented with the principle that detention and imprisonment for children is a last resort. One type of criminal sanction is a warning penalty, namely a light sentence that does not result in restrictions on children's freedom. The light crimes in question can certainly be imposed on light cases as well. However, in reality, warning criminal sanctions are placed as the main type of crime. This type of research is normative, namely reviewing and examining the norms in the JCJS Law. There are contradictory circumstances between the aim of avoiding children from court proceedings and the position of warning criminal sanctions as part of the main type of crime. There are no strict parameters for the terms or types of criminal acts that can be called minor crimes. Referring to the purpose of the JCJS Law, based on the category of crime, considering the conditions for the implementation of diversion, and interpreting the term "criminal" itself, the type of warning punishment is appropriate to be placed as part of the sanction of action. Thus, the principle of detention and imprisonment as a last resort in the juvenile criminal justice system is in line with the formulation of the types of sanctions in the law.

Penegakan Hukum Tindak Pidana Pencurian dengan Kekerasan di Wilayah Hukum Kepolisian Sektor Medan Labuhan

This study aims to determine the legal regulation of criminal acts with violence in the Indonesian legal system, the obstacles and efforts of the Medan Labuhan Sector Police in eradicating the crime of theft with violence. The research method used is normative juridical with a qualitative approach. The results of the study found that the regulation of the crime of theft with violence is regulated in Article 365 of the Criminal Code, and the crime of theft with violence is included in the category of traditional crimes that are disturbing to the community. There are two obstacles, namely internal obstacles consisting of the lack of human resources (HR) budget for investigations and investigations, minimal Crime facilities or facilities, Members of the Criminal Investigation Unit of the Medan Labuhan Police who always exchange / move to other places (Mutations). External factors, namely the culture of low community legal compliance, weak synergistic institutional relations, wide and high population, urbanization, the influence of narcotics and gambling that occur in the Medan Labuhan sub-district. Non-penal efforts are carried out by taking pre-emptive and preventive actions, while the penal efforts carried out by the Medan Labuhan Police are to carry out investigations, examinations, detentions, and arrests as well as investigations by applying criminal law as the ultimum remedium for criminal law enforcement.

A Study to Assess the effectiveness of self-instructional module regarding awareness of suicide prevention helpline number among people of selected area of Mehsana city

Introduction: Suicide is an act of taking once own life voluntarily. The word suicide is derived from two Latin words Sui meaning self and “cedere” meaning to kill oneself. Hence suicide is an act of willfully ending one’s own life. Suicide is a type of deliberate self-harm (DSH) and is defined as a human act of self-intentioned and self – inflected cessation (death). Most often it ends with a fatal outcome. Removing suicide from the category of sin and crime, it was considered a psychiatric illness only from 19th century. Suicide was not discovered to be disease, it was declared to be one” (vilza veith, 1969).1 Due to lack of awareness and stigma attached with mental health issue, people do not come forward for treatment. GVK EMRI in partnership with Government of Gujarat launched suicide prevention helpline 104. Linkage to support group for reducing cause of depression.2 Design: A quantitative approach using quasi experimental one group pre-test post-test research design. Participants: 100 people were selected using Probability flip coin sampling technique in Mehsana city. Interventions: Self- instructional module was given to the people. Tool: Self-Structured Knowledge Questionnaire was used to assess the level of Knowledge among people. Results: With regard to pre test level of knowledge it shows that, maximum 57(57%) participants were having poor knowledge, 43(43%). During post-test maximum 62(62%) of participants were having good knowledge and remaining 38(38%) of participants were had average knowledge. In pre test, participants mean was 8.08, median with standard deviation 4.679. In post test, participants mean was 18.31 with standard deviation 4.388. The calculated ‘t’ value (15.959) was greater than the table value (1.98) at 0.05 level of significance. The Self- instructional module was effective in increasing the awareness of suicide prevention helpline number among people. Chi-square test is used to associate the level of awareness of pre-test with their selected demographic variable. Conclusion: The findings of the study revealed that self- instructional module helps in improving awareness regarding suicide prevention helpline number among people.

Crime at places of worship: a geospatial analysis

ABSTRACT Many religions often require followers to attend services at physical places of worship (PWs). However, the combination of individuals interacting with one another and the mere presence of physical structures for worship create numerous crime opportunities. The current study examines 6,772 crimes reported to police that occurred at PWs over a two-calendar year period (2009–2010) in one large Southern U.S. metropolitan city. Specifically, this study examines the types/frequencies of crime reported to police at PWs and the geospatial characteristics of PWs that were hotspots. In total, 78 crime categories occurred in the 1,081 unique cases, with theft being the most common offense. Additionally, most hotspot PWs were located near major intersections or bypasses. Policy implications and directions for future research will also be discussed.

Unfinished Business

As the newly confirmed Sentencing Commission begins to implement important criminal justice reforms like the First Step Act, we urge it to continue the project of criminal justice reform by returning to the issue of the Drug Conversion Tables, particularly with respect to MDMA (or “Ecstasy”). The Drug Conversion Tables play an essential role in determining sentences for drug offenses, the most commonly prosecuted category of federal crimes. These tables have resulted in severe sentencing disparities for similar offenses—they have been widely recognized as often arbitrary and detached from pharmacological evidence, including by the Commission and Congress, at least in the context of crack cocaine. In 2001, the Sentencing Commission updated the Drug Conversion Tables to treat one gram of MDMA as the equivalent of 500 grams of marijuana for sentencing purposes. This 1:500 ratio increased MDMA penalties significantly as compared to the prior 1:35 ratio. The Commission made this change based on faulty evidence and in spite of the testimony of scientists that even the original 1:35 ratio was too severe. In 2016, the Commission announced a re-examination of its MDMA conversion ratio. Despite its call for public comment and the submission of extensive expert testimony on the ratio’s unsound basis, the Commission never acted nor announced any conclusion with respect to the MDMA re-examination. We hope that the Commission returns to the re-examination it commendably chose to begin long before it lost quorum.

ЗАРУБІЖНИЙ ДОСВІД АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ІНОЗЕМЦІВ ТА ОСІБ БЕЗ ГРОМАДЯНСТВА

The paper is devoted to a careful and topical topic of studying the administrative responsibility of foreigners and stateless persons in some foreign countries. It is noted that foreigners and stateless persons in Ukraine are subject to the national legal regime, i.e., they are endowed with the same scope of rights and responsibilities as citizens of Ukraine. Except for certain political and labor rights. Thus, foreigners and stateless persons are brought to legal responsibility, including administrative, on a par with the citizens of Ukraine. In the context of improving and optimizing the process of bringing to administrative responsibility foreigners and stateless persons in Ukraine, it is advisable to study the positive foreign experience. Thus, the proposed study is relevant and important. The methodological basis of the study were general scientific and special legal methods of cognition. Among the general scientific methods, we used dialectical, general logical, analysis, generalization, and formalization. Regarding specifically legal methods, we used, among others, formal-legal, systemic, theoretical, and legal. The key place in our study, of course, was occupied by the comparative law method, which allowed to conduct a comparative legal study of the grounds of administrative liability of foreigners and stateless persons in foreign countries, as well as those sanctions and penalties that may apply to some foreign countries. The authors found that the states of the Anglo-American legal system do not recognize separate administrative legislation. Acts that in Ukraine are considered administrative offenses, violations of customs law or tax misdemeanors in the United States belong to the category of crimes or civil misdemeanors. It has been proven that in most European countries belonging to the continental group of legal systems, cases of administrative offenses belong to the field of criminal law, i.e., such offenses are considered a type of crime. It is determined that the peculiarity of the administrative and legal status of foreigners in Japan is the fact that the migration policy of this country is not focused on the integration of foreigners, plus this country does not have adequate social infrastructure for their settlement.

Analysis of Procedural Problems in Cybercrime Investigations

The approach used to investigate cybercrime in developed nations is examined in this article, along with the innovations that might be implemented in Georgia to ensure successful investigations. Detailing the procedures outlined under the Budapest Convention on Computer Crimes, attention is given to the procedural issues that crop up while gathering and presenting electronic evidence in criminal investigations. The convention's individual articles are examined, including those that deal with information requests, and a comparison between the convention's legal provisions and the standards incorporated into Georgian law is made. The article examines the practice of collaboration between developed country law enforcement bodies and Internet service providers. The absence of computer data classification in Georgian law is highlighted, which results in the existence of a single, all-encompassing rule for all forms of electronic information. The paper also covers court rulings on the admissibility of electronic evidence and offers advice on whether it would be wise to clarify or improve the criminal procedure laws. The article explains the need for varied time limits and tactics for getting and maintaining information from internet service providers based on the classification of cybercrimes into distinct crime categories, such as serious, particularly serious, and crimes against national security.