Cross-border Crime Research Articles

THE RELEVANCE OF IMPLEMENTING COMPREHENSIVE SECURITY CONCEPT (COMSEC) TOWARDS THE ENDEMIC ERA OF COVID-19

The discussion in this paper refers to Comprehensive Security (COMSEC) as a continuous effort that is balanced, integrated at every level of government administration and societal structure and across all fields. In order to maintain the Federation of Malaysia’s sovereignty, peace and prosperity, it is necessary to protect the country from all internal and external dangers. This paper discusses COMSEC and its relationship to the sovereignty and security of our nation, Malaysia. The discussion’s focus has shifted when a number of issues were brought up, including the problem of cross-border crime and the current digital threat, where it is important to comprehend COMSEC in order to deal with the Covid-19 outbreak and build public awareness and resilience in order to ensure national security and sustainable development, which is the key to sustainable development. The primary objective of this discussion is to identify the issues that play a significant role in the government’s attempts to implement COMSEC, as well as the challenges faced by the government in addressing the contested issues. The qualitative approach used in this writing uses secondary sources such published study findings, academic writing, online news sources, and public forums. The issue of cross-border crime, such as smuggling, human trafficking, and the invasion of illegal Immigrants (PATI) continues to plague the majority of developing nations, including Malaysia. The problem of digital threats also sparked alarm among the public and the government, since it is one of the issues the government faces in ensuring the security and sovereignty of the nation. In the meantime, there are doctrines regarding the implementation of COMSEC that are still applicable in the current day, but they should be modified to reflect the changing patterns of the times. According to the findings of the study, the government also had a crucial role in preventing the growth of the Covid-19 outbreak in Malaysia. However, other parties also play a crucial role in breaking the chain of the Covid-19 epidemic. Especially in this epidemic period, all parties must work together to realise the government’s goals so that the safety of the people and the nation can be ensured through the application of the COMSEC concept.

Research on the Construction of Digital Currency International Regulatory System

The emergence of digital currency adds new components to the global economic system and monetary system. However, as an emerging thing, its own characteristics such as anonymity, de-neutrality and cross-border also bring new and complex regulatory problems to the global economy. It is necessary to establish an effective international regulatory system of digital currency. Through the analysis of the characteristics and risks of digital currency itself, as well as the study of the existing regulatory measures and regulatory system, it is found that the ICO regulation, jurisdictional disputes, cross-border crimes and other issues of digital currency need to be incorporated into the international regulatory system. In order to avoid risks and guide the development of digital currencies, the international regulatory system of digital currencies should be based on the principles of international cooperation, inclusive regulation and information sharing. The state and national organization should be identified as the regulatory body; Form a form of supervision with trading market as the center and trading platform as the link; Increase the anti- money laundering review, tax collection and administration, create dispute resolution mechanism and other regulatory content.

Burden of Proof Reverse as A Solution to Eradicate Bribery in Criminal Acts of Corruption

The assumption that corruption is seen as an extraordinary crime (extraordinaru crime) and transnational and cross-border crimes causes that in terms of eradicating it needs to be carried out in an extraordinary manner (extra ordinary counter measure). There is a stereotype in the community regarding gratification and bribery, it is difficult to prove it, so it is necessary to apply an exception (enforcement exceptionality) through the application of reversing the burden of proof which will make it difficult for the public prosecutor to escape from the snares of the law. The research’s purpose of implementing the method of reversing the burden of proof in addition to making it easier for public prosecutors to ensnare perpetrators of gratification and bribery is to minimize the occurrence of criminal acts of corruption. It is hoped that the results of this research will be able to contribute ideas and suggestions for the development of legal science, especially those related to criminal procedural law. It is also hoped that this research will become part of the library information media that provides benefits to sharpen the quality in making further research on formal criminal law. This normative research is supported by primary data, in addition to using secondary data which is a literature study in the form of laws and regulations. There is a stipulation of the method of reversing the burden of proof, shifting the burden of proof from the public prosecutor to the defendant.

Methods of Extraction and Analysis of Intelligence to Combat Threats of Organized Crime at the Border

The article reveals the development of innovative methods of intelligence-led policing in the form of information-analytical activity (IAA) by law enforcement operational units to combat threats of cross-border organized crime. The developed methodology for extracting intelligence information contains new procedures for extracting intelligence from Internet resources and performing intelligence analysis. It allowed for a reduction in time of 1.23 times for obtaining intelligence on criminal activity. Also, the methods for identifying crimes and analyzing threats to border security were improved. It allows the development of new procedures for crime identification, the classification of organized criminal groups, the formation of scenarios of their illegal activities, and the determination of the degree of their influence on border security. The methodology is based on taxonomy, artificial intelligence, expert evaluation, and SWOT analysis. The developed mathematical model for constructing operational cover at the border takes into account the dependence of the distribution of available resources on existing cross-border crime threats. Experimental verification of the implementation of the research results indicates advantages of the results in contrast to traditional approaches in terms of "reliability" and "efficiency". Based on the developed methodological apparatus, recommendations for improving the IAA were elaborated: improving processes of obtaining intelligence information; improving processes of identifying crimes and analyzing threats to border security due to the development of criminal analysis systems; creating regional centers for detecting and analyzing threats to border security; and developing the IAA based on enhancing the capabilities of operational units. Implementation of the scientific results into the practical activity of law enforcement operational units at the border contributed to increasing the efficiency of their IAA by up to 20%. Doi: 10.28991/HEF-2022-03-03-07 Full Text: PDF

A Study on DNA Profiling Techniques and Transnational Exchange of DNA Data from Databank

DNA technology has shown to be a valuable investigative tool in the release of innocent people and the identification of those responsible for serious crimes. In the battle against illegal immigration, cross-border crime, and terrorism, the transnational DNA data interchange from national DNA databanks has become a current trend. The data types that can be shared and the system is managed by a national authority are governed by individual national legislation, which determines the scope of the data exchange. Furthermore, one of the most difficult problems in forensic science is DNA profiling, and it is a hotly debated topic. The number of unknowns in a combination raises the computational difficulty of DNA profiling dramatically. To overcome this issue, various approaches have been designed and implemented. As a result, we examine DNA profiling methodologies and tools in this study, focusing on their computational accuracy and performance. Furthermore, this research examines the available data on DNA exchange and comparison across borders. We hope this review provides more ideas for future research to choose efficient profiling techniques.

CRIMINAL LIABILITY FOR SMUGGLING OF GOODS: UKRAINIAN PROSPECTS AND FOREIGN EXPERIENCE

The purpose of this article is to determine the prospects and economic consequences of the introduction of criminal liability for violation of customs regulations and to study foreign experience in this matter. The closer Ukrainian legislation is to the legislation of neighboring countries in the customs sphere, the more effective the fight against cross-border crime will be. The aim of this research is to compare the attitude to smuggling of goods in different countries and to reveal the future effect of criminal liability for smuggling of goods. Research methodology. In this paper a theoretical research method was used. We were studying published academic journals, legislation and databases. Correlation analysis method was used to determine the strength of the relationship between the smuggling liability and budget revenues. Also we used the results of the questionnaire between the professional exporters and importers. The result of this study is the conclusion that granting smuggling the status of a criminal offense will give more opportunities for Ukrainian law enforcement agencies to more thoroughly investigate this type of crime, will give more opportunities for international cooperation and cooperation in combating cross-border crimes. Practical implications of launching the criminal liability for smuggling of goods will give our country the chance to widen the borders of smuggling investigation, to fulfill the state budget with increasing customs revenues and to prevent dishonest enterprisers from smuggling of goods instead of goods’ pure declaring. Value/originality. After the beginning of Russian aggression against Ukraine, the State Budget of Ukraine stopped receiving customs revenues because of international trade blocking. Still Ukraine as a state must think of renovation of its economy and trade, that’s why customs regulations and violation of customs rules are still very important for fiscal policy of the country. Researching of criminal liability for violation of customs rules is not the new theme, but making comparison to European legislation and the US experience contributes to the developing of Ukraine national research school of customs affairs with the relevant data, examples of customs regulations and prospects for the national economy.

Kerjasama Kepolisian Daerah Kalimantan Barat Dan Polis Diraja Malaysia (PDRM) Kontinjen Sarawak Dalam Pemberantasan Kejahatan Transnasional Di Wilayah Perbatasan

This article presents the international cooperation between Regional Police of West Kalimantan and Polis Diraja Malaysia Kontinjen Sarawak (PDRM) in eradicating transnational crime in the border region. The purpose of this research is to know the reason or the driving factor of Regional Police of West Kalimantan estabilished close cooperation on cross-border crime eradication (transnational crime). Researcher found that cooperation for the eradication of transnational crime effected by increasing cross-border crime in the region of West Kalimantan had threatened the safety and order of society. Descriptive-qualitative research methods are used through library research and interviews (indepth interview). From the results of the analysis using the theory of international cooperation K.J. Holsti there are internal factors and ekternal are (1) to enhance the capacity of law enforcement agencies, (2) avoiding the transfer of the burden and responsibility, (3) meet the needs of the exchange of information and handling in konprehensif, (4) Recognizing that transnational crime is a form of shared security threats, (5) the issue of transnational crime has already threatened the safety and order of society, stability and security of the State, (6) combat entry of transnational crime by road area of the border. Through this partnership, Regional Police of West Kalimantan continue to increase prevention efforts and commitment to the eradication of transnational crime in the region of his authority.

International cooperation and protection of victims in cyberspace: welcoming Protocol II to the Budapest Convention on Cybercrime

The topic of the victims of cybercrime is addressed here in the context of a fundamental analysis of modern forms of cross-border crime. In the framework as outlined, international judicial cooperation remains, once again, a key concept in implementing effective and successful strategies, also with a view to ensuring better protection of those who fall victim to these forms of crimes. A powerful stimulus could be provided by the implementation of the new Protocol—adopted in 2021—to the 2001 Budapest Convention, the innovative regulatory framework of which could also positively influence the functioning of the European Agencies long involved in the sector, such as Eurojust and Europol, in their activities in supporting national authorities.

Considerations regarding the Refusal of Execution of the European Arrest Warranty

The third millennium comes up with a new framework in the field of social life, as well as in the field of cross-border crime, which faced significant increases, generated by the enlargement of the European Union, which eliminated internal border controls thus facilitating the movement of criminals and goods, which are the subject of organized crime and terrorism. The institution of extradition, in this context, experienced some operational imperfections, so that it was necessary to adopt new judicial procedures for the arrest and surrender of offenders in the Member States to the requesting State by establishing the European arrest warrant.

Ethical challenges of merging criminal identification and civil identification within the Prüm system

The so-called Prüm system made mandatory for all EU Member States to join the pan-European network for the exchange of fingerprints, DNA profiles and motor vehicle information for stepping up on cross-border cooperation, particularly in combating terrorism and cross-border crime. Taking into consideration the number of DNA profiles archived in the national databases of the operational countries, more than 13 million DNA profiles can potentially be exchanged. Plans for “next-generation Prüm” that may soon be introduced aim to exchange additional forensic modalities, namely facial recognition data (FRD). This commentary highlights the ethical and social problems of merging DNA profiles of convicted persons, suspects and crime stains (targeting criminal identification) with DNA profiles from missing persons, relatives of missing persons, unidentified persons and unidentified human remains (oriented to civil identification). In a complementary manner, we also discuss the problematic amendments of the so-called “next-generation Prüm” that may soon be introduced that includes plans to exchange additional forensic modalities, namely facial recognition data (FRD).

Interoperacyjność unijnych systemów informacyjnych – narzędzie wykorzystywane w zwalczaniu terroryzmu i poważnej przestępczości transgranicznej (część I)

Terrorism and cross-border crimes are complex and diversified problems. They are one of the most se rious threats to the modern world, both nationally and internationally. The Act on the Police contains the major tasks of this formation, namely: “To cooperate with foreign police forces and their international or ganisations, as well as European Union bodies and institutions, on the basis of international agreements and treaties and separate regulations” and “The Police also carry out tasks resulting from the legislation of European Union as well as international agreements and arrangements on the rules and within the scope specified therein”. In order to carry out statutory tasks, police officers at home and in the world work on the basis of information which is collected and processed in various types of files, registers, collections or databases. This information is exchanged among authorised authorities at home and in the world. This cooperation is aimed at preventing, detecting and combating the most dangerous crime, in particular, terrorism and organised cross-border crime. The latter became very real when controls at the internal borders of the European Union were abolished, through the creation of the Schengen area. From the beginning of the launch of the Schengen area, it has been realised that security within the area and external border management would require a need to create and implement IT systems whose task would be to support the above-mentioned activities. The abolition of border controls and increased migration flows in Europe are conducive to developing cross-border and terrorist crime. Awareness and experi ence related to the materialisation of the above-mentioned threats initiated strengthening of cooperation among the individual countries of the globe. Strengthening of cooperation became possible following the creation and launch of large-scale information systems, namely: Schengen Information System (SIS), Eurodac, Visa Information System (VIS), Entry/Exit System (EES) and European criminal records infor mation system - third country nationals (ECRIS-TCN). In this part of the publication, in view of the exten sive nature of the issue, only SIS and VIS systems have been described, however, I encourage you to enhance your knowledge about other large-scale systems, i.e. Eurodac, Entry/Exit, ECRIS-TCN and the issue related to their interoperability.

Interoperacyjność unijnych systemów informacyjnych – narzędzie wykorzystywane w zwalczaniu terroryzmu i poważnej przestępczości transgranicznej (część II)

A key element of the counter-terrorism strategy is to protect citizens from terrorist attacks and to level the consequences of such attacks. This is possible by improving border security, transportation and cross-border infrastructure. No less important part of the strategy is the prosecution of terrorists, especially those with an international dimension. EU member states in favour of thwarting terrorists have the tools to share information, intelligence, threat analysis and strengthen operational law enforcement cooperation. The European Union has also developed legal and organisational instruments to assist in the fight against terrorism and organized cross-border crime.

Interoperacyjność unijnych systemów informacyjnych – narzędzie wykorzystywane w zwalczaniu terroryzmu i poważnej przestępczości transgranicznej (część I)

Terrorism and cross-border crimes are complex and diversified problems. They are one of the most serious threats to the modern world, both nationally and internationally. The Act on the Police contains the major tasks of this formation, namely: “To cooperate with foreign police forces and their international organisations, as well as European Union bodies and institutions, on the basis of international agreements and treaties and separate regulations” and “The Police also carry out tasks resulting from the legislation of European Union as well as international agreements and arrangements on the rules and within the scope specified therein”. In order to carry out statutory tasks, police officers at home and in the world work on the basis of information which is collected and processed in various types of files, registers, collections or databases. This information is exchanged among authorised authorities at home and in the world. This cooperation is aimed at preventing, detecting and combating the most dangerous crime, in particular, terrorism and organised cross-border crime. The latter became very real when controls at the internal borders of the European Union were abolished, through the creation of the Schengen area. From the beginning of the launch of the Schengen area, it has been realised that security within the area and external border management would require a need to create and implement IT systems whose task would be to support the above-mentioned activities. The abolition of border controls and increased migration flows in Europe are conducive to developing cross-border and terrorist crime. Awareness and experience related to the materialisation of the above-mentioned threats initiated strengthening of cooperation among the individual countries of the globe. Strengthening of cooperation became possible following the creation and launch of large-scale information systems, namely: Schengen Information System (SIS), Eurodac, Visa Information System (VIS), Entry/Exit System (EES) and European criminal records information system - third country nationals (ECRIS-TCN). In this part of the publication, in view of the extensive nature of the issue, only SIS and VIS systems have been described, however, I encourage you to enhance your knowledge about other large-scale systems, i.e. Eurodac, Entry/Exit, ECRIS-TCN and the issue related to their interoperability.

Legal principles of cooperation between Ukraine and the European Union in law enforcement

The article examines the legal basis of Ukraine’s cooperation with the European Union in the field of law enforcement, identifies its main areas. It is pointed out that the constant interaction between the EU institutions and law enforcement agencies of Ukraine is extremely important at the present stage and contributes to the active fight against transnational crime. The main focus is on Ukraine’s cooperation with EU agencies aimed at combating transnational crime, including the European Union Agency for Law Enforcement Cooperation (Europol), the European Organization for Justice (Eurojust), the European Agency for the Management of Operational Cooperation at External Borders. Of the European Union (Frontex). The main agreements on the basis of which the relevant EU and Ukrainian agencies cooperate are analyzed. It is established that the main areas of cooperation between Europol and Ukraine are the exchange of expertise, general information, results of strategic analysis, information on criminal investigation procedures, information on crime prevention methods, advice and support in individual criminal investigations. An important area of cooperation between Ukraine and Eurojust is the exchange of data, the establishment of joint investigation teams, and the provision of expert and practical support for their activities. The European Agency for the Management of Operational Cooperation at the External Borders of the EU Member States together with the State Border Guard Service of Ukraine combats illegal migration and cross-border crime through border controls, promotes security at the borders between EU member states and Ukraine. It was concluded that Ukraine needs to deepen cooperation between European Union agencies in order to effectively combat crime.

ДЖЕРЕЛА, ХАРАКТЕР ЗАГРОЗ ТА ВИКЛИКІВ НА ДЕРЖАВНОМУ КОРДОНІ УКРАЇНИ

Taking into account the main trends and consequences of deep transformations of the geopolitical and geoeconomic space, there was a need to conduct thorough research in the field of ensuring the border security of our state, as a component of national security, as well as defining a clear place and role of the subjects of its guarantee in the course of the implementation of the specified function, especially with the emergence of new types of threats, in particular, the military aggression of the Russian Federation, which on February 24, 2022 entered the phase of open confrontation against Ukraine, its temporary occupation of the territory of the Autonomous Republic of Crimea and the city of Sevastopol, the Kherson region and a number of other territories of our state. In turn, there was an urgent need to justify the structure and content of the modern model of border security as the basis for the further development of the State Border Service of Ukraine, in addition, for Ukraine, the issue of border security, given the course of Euro-Atlantic integration and the latest expansion of the European Union, the geopolitical position of Ukraine determines the the fact that the borders of our state play an important and universally recognized role in the formation of the pan-European security system. It should be noted that the interests of Ukraine and the European community regarding the management of common borders certainly coincide. This is the provision of reliable protection of long stretches of the state border of Ukraine; unhindered legal crossing of the border by citizens and vehicles at checkpoints along with a high level of control procedures; proper management of migration flows; effective counteraction to manifestations of organized cross-border crime, etc. Our state supports the creation of a fundamentally new European security system based on non-power (political, economic, social, energy, environmental, informational, etc.) aspects. Thus, it is necessary to justify the structure and content of the border security model, which is the basis for the formation and implementation of modern border policy of the European model, in particular, bringing the border legislation of Ukraine to the norms of European law; ensuring the readiness of human resources; technical re-equipment; achievement of the state-of-the-art infrastructure of the state border; information integration; a qualitatively new level of cross-border cooperation. In view of the above, the article develops the conceptual principles of border security of Ukraine, its border policy, as well as the mechanism of their implementation. Completion of the above-mentioned tasks will contribute to the implementation of Ukraine's strategic course for integration into the European Union and will ensure an increase in the effectiveness of the State Border Service of Ukraine in the field of ensuring the national interests of the state in general and at the state border in particular.

Evropski model integrisanog upravljanja granicama

The enlargement of the European Union has called for a reevaluation of the way the external borders to be protected as a necessary consequence of the free movement of people in the European Union. It also appears to be a result of a fundamental component of the area of freedom, security and justice. The abolition of the internal border checks and a different approach to external borders followed by emerging forms of cross-border crime with a cross-border dimension, illegal migration, trafficking in human beings and terrorist threats constantly being on the rise, have requested a different approach. The lack of economic perspective, poverty, environmental disasters and wars have forced people to look for a better life else where, which has led to the most important global phenomenon of the 21st century migration. Migration issues have made us think about the important matters faced by developed countries independently, and as such they are currently at the top of the European Union's political agenda. To respond effectively to emerging challenges and threats, the European Union has expedited the development of the integrated border management as a generally acceptable border management model, as well as a key factor in improving migration management. The paper is based on the information gathered from the open sources of the European Union institutions, as well as from personal experiences gained throughout the course of border management reform in Republic of Serbia.

EUROPOL’S NEW MANDATE: BETWEEN SECURITY AND CIVIL FREEDOMS

The article presents the EU Commission’s legislative initiative to amend the current Regulation of 2016, which defines powers and functions of the EU Agency for Law Enforcement Cooperation (Europol). The author cites the arguments used by the EU Commission in its decision to expand the functions and powers of the agency: the successful acquisition of new technologies by criminal gangs, the challenges of digital threats for law enforcement and judicial agencies of Member States, which find it difficult at the national level to properly process big data for the investigation of cross-border crimes. The article analyses the main thematic blocks of the new Regulation: enabling Europol to cooperate in the fight against criminal offenses with private parties; empowering the agency to carry out preliminary processing of big and complex databases; strengthening the role of Europol in the field of research and innovation; enabling Europol to enter alerts into the Schengen Information System, etc. The author believes that the expansion of Europol's operational powers brings it one step closer to the «European FB», i.e., an organization of a supranational nature. At the same time, the author cites the arguments of the reform’s opponents, including the political groups of the European Parliament and human rights organisations, which can be divided into two groups: a) under the pretext of ensuring security, the Commission legalises the current practice of Europol, which has gone beyond its current mandate, b) the new functions of the agency for processing a big data pose a threat to the citizens’ rights.

JOINT INSTITUTIONALISED FIGHT AGAINST ORGANISED CRIME IN THE EUROPEAN UNION

Organised (international) crime is essentially perceived as a social reality in which legal and criminal structures are integral parts of the same corrupt social, political and economic system operating in two or more states, regardless of the type of actions promoted or the types of organisations of those supporting this system.
 The various criteria of the multidimensional concept can be distinguished using a classification on four levels of complexity:
 Perpetrators defined by individual characteristics, who participate in the commission of the specific acts of organised crime.
 The elements of the structures (groups) linking these individuals.
 Power structures subordinate to this structural entity.
 The relationship between these illegal structures and the legal structures of society.
 The contemporary concept of organised crime (in reality a form of cross-border crime) is heterogeneous and contradictory. If we focus on the general perception of this concept, we can state: organised crime is equal to a formal, homogeneous, multifunctional, criminal organisation that aims to undermine and dominate legal institutions of society, its members acting in two or more states to achieve their criminal purpose.
 Organised crime can essentially be defined as that international criminal segment to which relate illegal activities, capable of seriously affecting certain sectors of economic, social and political life in two or more countries, carried out by various methods and means, in a constant, planned and conspiratorial manner, by associations of individuals, with a well-defined internal hierarchy, specialised structures and self-defence mechanisms, in order to obtain illicit profits at particularly high levels. Two main characteristics of the concept of organised crime emerge from the definition:
 
 The degree of social danger of the illegal activities carried out by this criminal segment can seriously affect certain sectors of economic, social and business life.
 The constant, organised, planned and well-conspired conduct of these criminal activities carried out in several States.)

OPTIMIZATION OF IMMIGRATION FUNCTIONS ON HUMAN TRAFFICKING THROUGH SELECTIVE POLICY

Indonesia is involved in accelerating the mobilization of people between countries as a result of the rapid growth of globalization. However, the circulation of the world's population raises some serious problems, one of which is human trafficking. Human trafficking has become a successive problem in the international arena that has not been found to be resolved. International conventions and the Indonesian government have issued several regulations that are used to combat human trafficking. World problems that occur especially in border areas involve the role of immigration in neutralizing world crime, in this case the problem of human trafficking, which is reflected in the immigration function in Law No. 6 of 2011. This cross-border crime is a crucial problem that poses a challenge to immigration in particular. Indonesian immigration authorities in optimizing the selective policy. Selective Policy is one of the implementations of the immigration function in maintaining state security and upholding state sovereignty. This selective policy is used by immigration officers in carrying out their duties and functions to regulate the entry and exit of a person from a country, especially Indonesia.

ХОРИЖИЙ ДАВЛАТЛАР ҚОНУНЧИЛИГИДА АЙРИМ ТРАНСМИЛЛИЙ ЖИНОЯТЛАР УЧУН ЖАВОБГАРЛИК ХУСУСИЯТЛАРИ

In this scientific article, paid special attention to the study of the trend of criminal law protection of peace and human security as an object of crime throughout the world, the expression of an opinion on the conduct of scientific analysis to improve the mechanisms of reliable protection of the rights and legitimate interests of members of the international community in achieving economic and social stability. In particular, discussed importance of studying new directions and prospects for improving national legislation on human trafficking, terrorism, drug trafficking and other similar cross-border crimes based on international law. In addition, in the article are given conclusions to a number of agreements on cooperation in the fight and prevention of transnational organized crime and other types of crime, including an analysis of some norms of foreign countries based on national legislation, aimed at obtaining concrete experience in combating global threats to human rights, public order and security. Moreover, the article argues that it is important to study some aspects of responsibility for transnational crimes in the law of foreign states.