Sphere Of Economic Activity Research Articles

Planning of the investigation of criminal offenses in the sphere of economic activities committed involving law enforcement officials: The Ukrainian perspective

The article is devoted to formulation of theoretical principles and practical recommendations regarding organization and planning of the investigation of criminal offenses in the field of economic activity, which are committed with the participation (assistance) of law enforcement officers. The methodology for the article is chosen taking into account the purpose and tasks, object and subject matter of the study. The research results were obtained with the help of the following methods: dialectical; formal and logical; formal and legal; comparative and legal; historical and legal, complex analysis; analysis and synthesis; axiomatic; system and structural method. The obtained results of the study indicated that organization and planning of the investigation of criminal acts under consideration is a purposeful activity of the authorized bodies, which is carried out under the guidance of the investigator, detective of the pre-trial investigation body. These activities require systematic, comprehensive approach and must take into account a wide range of circumstances that can affect the process and results of the investigation: the nature of the criminal offense, access to the necessary financial, human and technical resources; the competence of the investigator, the detective; terms and deadlines for investigation and presenting materials to the court, establishing effective cooperation between competent authorities. The study highlights the peculiarities of the organization and planning of the investigation of criminal offenses in economic activities, when law enforcement officers are involved, and suggests directions for improving the effectiveness of their implementation.

Concept of economic crimes in legal doctrine and legislation, their differentiation

Ukraine’s transition to a market economy, the development of entrepreneurship, the promotion of competition, and the expansion of foreign trade contributed to the creation of new opportunities for criminal activity in the economic sphere. At the same time, the low probability of detection and the high profits associated with economic crime make the economic sphere very attractive to criminals. In turn, the huge losses associated with economic crime undermine social protection systems and destabilize economic systems, thus clearly indicating a failure of self-regulation. The legislator, having in mind economic crimes, operates with the concept of “CRIMINAL OFFENSES IN THE SPHERE OF ECONOMIC ACTIVITY” (Chapter VII of the Criminal Code of Ukraine) and is limited only to their list. According to the legislative approach, an economic crime can be defined only as a socially dangerous culpable act (action or inaction) committed by the subject of the criminal offense provided for by the Criminal Code of Ukraine and provided for by the provisions of Chapter VII of the Special Part of the Criminal Code. At the same time, on the basis of the generalized data of the legislative and doctrinal approach, it is proposed to define an economic crime as a socially dangerous culpable act (action or inaction) committed by the subject of a criminal offense, which consists in the implementation of illegal economic activity (economic processes, relations, operations) or violation of requirements for legal economic activity to satisfy the selfish interests of a person or a group of persons, encroaches on the sphere of economic relations and poses a threat to the economic security of the state, leads to an imbalance of the state’s economic system. At the same time, the so-called economic crimes (Chapter VII of the Criminal Code of Ukraine - criminal offenses in the sphere of economic activity) should be separated from crimes due to which law enforcement agencies can interfere in the sphere of economic relations. Economic crimes can be differentiated according to various criteria: according to the spheres of social relations that regulate one or another type of economic activity; according to the content of the committed crime; by immediate main and additional objects; by subject characteristics; by criminal law characteristics.

Market restructuring of agribusiness in Russia as a trigger for rapid economic growth

Abstract In the period of political tension and instability of the international economic system, the agricultural sector of Russia continues to demonstrate progressive growth and is characterized by a favorable investment climate. In many respects, this circumstance in modern conditions is facilitated by scientific research and development of an innovative and technological nature, stimulating the accelerated development of domestic agriculture, due to which there is a favorable impact on the growth of the competitive component of the industry. Modern Russian agribusiness is one of the most intensive and highly promising points for the integration of digital innovations. For the steady growth of this sphere, it is essential to provide it with high-quality material, technical, infrastructural and innovative resources for its functioning. The studied sphere of economic activity of the country conservatively includes the primary function of ensuring national food security and independence, as a result of which the state actively attaches great importance due to the influence of a set of certain factors that make agriculture unstable and extremely vulnerable. The main goal of the digital modernization of agribusiness in Russia is to provide agricultural producers with state-of-the-art technologies, as well as to digitalize management, marketing and sales activities. The digital transformation of the agricultural sector should be carried out on a comprehensive, targeted and systematic basis based on target indicators and indicators, as well as be directed to core and secondary areas of the sphere. The integration of digital innovations into agribusiness in Russia will contribute to the active and breakthrough development of not only the agro-industrial complex, but also related industries.

Картографирование сегментов экономической экосистемы территории

Relevance. The rapid introduction of digital technologies into economic activity has marked a new paradigm of economic analysis – the analysis of economic ecosystems. The relevance of the structural study of the economic ecosystems of territories is due to both the weak elaboration of this topic in the world and domestic scientific literature, and the practical need for the formation of scientifically based strategies for the socio-economic development of territories. Goal. The purpose of this study is to develop a methodology for mapping the economic ecosystem of the territory. Materials and methods. The object of this study is the economic ecosystem of the territory. The subject of the study is economic relations for the development of the economic ecosystem of the territory on the basis of mapping its elements. The information base of the research was scientific publications indexed in the Scopus and RSCI databases, as well as the author's results on public management of the development of economic ecosystems. The method of logical system analysis is used as a research method. Results. As a result of the conducted research, a scheme of a map of the industry and sphere of activity of the economic ecosystem is proposed, including indicators, participants, products of activity, development trends, assessment experts and conclusions on the development of this sphere of economic activity. An algorithm for mapping the economic ecosystem of the territory has been developed, which includes the stages of segmentation, the formation of maps of industries, the assessment of development projects and the formation of a strategy for the socio-economic development of the territory. Using the example of the development of the Tyumen region, the applicability of mapping segments of the economic ecosystem of the territory for public management of the development of various fields of activity is shown. The novelty of this study lies in the development of the author's approach to mapping segments of the economic eco-system of the territory, which develops the theory of modeling the structure and development of elements of economic ecosystems.

Example issues of implementation of state control in the sphere of economic activities in the conditions of the legal regime of the martial state

Example issues of implementation of state control in the sphere of economic activities in the conditions of the legal regime of the martial state

«ЗЕЛЕНИЙ» ОБЛІК В УКРАЇНІ ТА ЗА ЇЇ МЕЖАМИ: НАБУТТЯ ДОСВІДУ

The existent approaches to a «green» account need to examine not only, from the necessity of maintenance of natural resources and guard of environment, but also as a process that integrates life with social aspects, by financial operations and influences on all spheres of economic activity and its safety. Therefore, using experience of foreign countries, it need green account to implement to the different spheres of national economy, applying the wide set of tools of analysis, evaluation, audit, monitoring and digitalization. The purpose of the research is expansion of limits of perception of «green» account in a theory and practice of instrument of management modern socio-economic development as on the level development level of separate business of region and national economy. The object of the research is a process of expansion the traditional account and including for its of instruments of ecology and social responsibility of business. The method of the research became modern methods and principles of scientific cognition, methods and methodologies of realization of audit, instruments of financial and economic analysis, principles of social responsibility of business that will allow to enter the existent approaches a «green account» in a modern theory and practice of traditional account that influences on steady and stability of national economy. The hypothesis of the research became a supposition about possibility of introduction of foreign mechanisms and instruments of «green» account in a theory in practice of traditional account. The statement of basic materials. It is well-proven that the task of «green» account there is harmonization the protection of environment with socio-economic and technological activity with helps by means of account instruments. It is confirmed, that a «green» account becomes the constituent of conception of steady development today, what proclaimed UN, and its main tendencies spread the input of the ecological development systems on all levels of management, using renewable energy, diminishing contamination of air, water, abbreviating the volumes of placing of wastes and so on. It is offered to the existent types of public account to add an ecological audit, which is sent to the search verification of observance of real ecological internals, standards and requirements that is pulled out by society. It is marked that «green» account allows obtaining information about charges and receipts of ecological benefits, which helps administrative composition to control, make decision, report and protect an environment. It is showed the list of benefits reasonable that it is possible to get if input of foreign experience of the using «green» account in the traditional system of account in Ukraine. The originality and practical significance of the research are confirmed by the ground of necessity of the using all elements, instruments and constituents of «green» account at a traditional account. Conclusions and perspectives of further research. It is well-proven that it is necessary to change approaches to «green» account, especially in a post-war period, because «green» account includes the economic, social and evaluation ecological aspects of enterprises activity that should be concerted with the landscape of country and its territories. A «green» account now become control system by all ecological charges that take into attention different general interests for strengthening of ecological state and socio-economic safety of environment. And this situation are allowing the determination of standards, rules and criteria, which should be reasonable and codification on the basis of certain practical experience, with bringing competent domestic and international organizations to forming of the special standards of «green» account for inhibition and normalization of ecological and socio-economic situation in a country and its territories. Further researches will be sent to the input of the special educational programs on the first, second and third educational levels and on the courses of in-plant training all professional directions that are the experience of successful global development of world community.

ENSURING CRIMINOLOGICAL SECURITY OF THE FINANCIAL MARKET IN RUSSIA

With the introduction of the digital economy and new financial products in Russia, changes have taken place in the financial services market. Against this background, illegal financial activities have sharply increased. This was facilitated by the expansion of information and telecommunication technologies, their use in all spheres of activity, including the development of domestic digital platforms, which increased the implementation of financial transactions in the stock markets, securities market, insurance sector, etc. At the same time, the risks of negative manifestations in the economic sphere have increased, which has influenced the growth of economic crime, which has become more organized, professional and, given the development of digital transformation, transnational. We should not fail to note its corrupt nature. The process launched by the state to stabilize and increase the rate of development of the state economy causes only positive reactions from society, but when the rate of development increases, problems arise, which destructive forces use in their own interests, for personal enrichment, where, breaking the law, they do not consider public opinion, do not pay attention to the state structures responsible for the security of this sector of the economy. It is crimes in the financial market that distinguish criminals of a new format from the old mastodons of criminal activity, and such qualities as high cohesion, organization, and competence allow them to establish control over various systems of life of society and the state, entering not only the sector of business and commerce, but also the budget sector, where continuing to establish monopoly control, lobbying their interests in various spheres of economic activity. One of such spheres at the current stage of formation of the digital economy is the financial market of Russia, which is subject to protection from criminal threats and criminogenic risks. In the current situation we cannot do without mechanisms to ensure the criminological security of the financial market, which requires the definition of the conceptual apparatus, the system of ensuring such security, the creation and construction of its structure and the definition of measures aimed at improving the level of such security. In conclusion of the article the author comes to the conclusion that the financial market of the Russian state does not fully use preventive measures, there are gaps both at the legislative level and in the organization of the financial market, which contributes to the growth of crimes in this area.

Polityka zakupowa państwa jako cel zamówień publicznych

The article focuses on the role of state purchasing policy as the primary aim of public procurement in Poland, considering its key aspects and impact on various spheres of economic activity. It presents detailed analyses of strategic objectives, legal regulations, and implementation practices, demonstrating the complexity and significance of this process for the way the public procurement market functions. The main research objective of the article is to understand the role that state purchasing policy plays in shaping the structure of the public procurement market and its impact on the efficiency of public expenditure and the economic development of the country. Through the analysis of empirical data and observations gathered from various sectors of the economy, the article seeks to illustrate how effective purchasing policy can support market competitiveness, fostering innovation and entrepreneurship development. The article analyzes the state purchasing policy as a key goal of public procurement, and presents its impact on the economy, competitiveness and sustainable development, emphasizing the efficiency, transparency and innovation of procedures.However, the article not only highlights the positive aspects of purchasing policy but also identifies challenges associated with it. Among them are combating corruption, ensuring the transparency of processes, and promoting fair competition. The findings presented may serve as a valuable source of information for political decision-makers and practitioners involved in public procurement management, aiming to improve the Polish public procurement system in the context of changing economic and social trends on the international stage.

THE ROLE OF STATE SUPPORT IN THE DEVELOPMENT OF THE HOTEL AND RESTAURANT BUSINESS IN THE CONTEXT OF CRISIS PHENOMENA AND EUROINTEGRATION PROCESSES

The article presents the results of a study of the state of the hotel and restaurant business in Ukraine in general and the Transcarpathian region in particular in the context of crisis phenomena. The authors analyse the peculiarities of functioning of hospitality enterprises in the context of military operations on the territory of Ukraine. The research provides an analytical review of the legislative framework and social factors that have influenced the activities of hospitality enterprises in conditions of instability. It also identifies the problems and prospects for the development of the hotel and restaurant business in the context of overcoming the consequences of military operations, European integration processes and legislative changes, and outlines promising ways of future recovery of the hospitality sector as a component of tourism. The purpose of the article is to conduct an analytical study of the state of the hotel and restaurant business in the post-covid period and the active phase of the military conflict, and also the impact of state regulation on overcoming such destructive factors against the background of Ukraine's European integration processes. Methodology. The study was conducted on the basis of an analysis of statistical indicators of the performance of temporary accommodation (accommodation) and catering enterprises, based on analytical and statistical materials of official statistics of the Zakarpattia Oblast for the period from 2020 to 2024, provided by the Main Department of Statistics in the Zakarpattia Oblast. The legal framework and regulatory documents related to the identified issues were analysed. The paper analyses the state and needs of SMEs in Ukraine as assessed by local hromadas, as well as an analytical study based on a survey of owners of hotel and restaurant businesses in Zakarpattia Oblast through personal interviews. The monitoring study covered 50 enterprises of different sizes and different forms of ownership. Results. The publication analyses the factors that stimulate the activity of enterprises in the accommodation sector, describes the destructive factors that suppress or complicate the activity of enterprises in this sphere of economic activity, and considers the state policy aimed at supporting the hotel and restaurant business and the tourism sector in general. The authors identify the commonality of problematic issues for the hromadas of Ukraine on the way to the future post-war reconstruction of the hospitality and tourism sector, as well as the functioning of this sector today. The research lists the opportunities for business on the way to European integration and the challenges associated with it. As a result, the authors suggested ways to accelerate and facilitate the integration of the local hotel and restaurant business, improve the legislative framework at the state and local levels for the development of the hotel and restaurant sector and its de-shadowing, and also emphasised the importance of close cooperation of SMEs with state and local authorities in terms of support, development promotion, investment prospects and implementation of European legislation in the activities of such enterprises.

УПРАВЛІННЯ СТАЛИМ РОЗВИТКОМ ПІДПРИЄМСТВА В УМОВАХ МІНЛИВОГО СЕРЕДОВИЩА

The need to solve the global problems of humanity has already convincingly and indisputably proven the feasibility of introducing the concept of sustainable development into the practical sphere of economic activity and management of business entities. However, the complexity and scale of the components of the trilemma of sustainable development create several risks and threats to the organization's management system. These risks are exacerbated by the unpredictable effects of external and internal business environment factors. The article examines the peculiarities of managing the activities of enterprises based on sustainable development under the influence of factors of a changing business environment. The proposed author's vision of the content of sustainable development is based on the combination of commercial and non-commercial goals of the company's existence. The implementation of the principles of the global concept of sustainable development in the practical sphere of enterprise management showed the urgent need to consider the challenges and risks exacerbated by the high degree of volatility and variability of the external business environment. Under such conditions, modern approaches to management are updated, which are based on the principles of risk management and allow effective management and leveling of the consequences of transformational transformations associated with the sustainable development of the company. It was determined that the key risks for sustainable business are environmental, social and managerial risks. Considering the nature of their origin and the nature of the manifestation, the article examines the phasing of the risk management process recommended by the world's leading companies when the company achieves the goals of sustainable development. A set of management methods based on the principles of sustainable business development is recommended under the conditions of the need to level the risks of the organization's changing environment. Among the main ones, the following are proposed: a method of analyzing hierarchy processes; method of analytical and network processes; a method of assessing the priority of organizational sub-risks of sustainable management; compliance, assessment of codes of business conduct, assessment of sustainability risks of supply chains. It was determined that the achievement of the goals and objectives of sustainable development and modern approaches to risk management of the business environment should be based on a more transparent disclosure of information about activities. The international standard IFRS S1 "General Requirements For Disclosures Of Sustainability-Related Financial Information" is not just a strategic guideline, but a necessity for the disclosure of information and the creation of a transparent information and analytical management base. This practice is now becoming mandatory for large and medium-sized businesses in foreign management practice, underlining its importance in sustainable business management.

Creative industries: concept, features, and problems of legislative interpretation

The article explores the concept of creative industries, suggests their features, and analyses the list of creative industries of Ukraine in terms of correctness of legislative interpretations and substantive compliance with creative fields of activity. The definition of creative industries has been improved: these are areas of economic activity that create (produce) goods and/or provide services based on the use of intellectual (creative) capital and commercialize them by combining creative results with business solutions, which leads to the creation of added value and jobs. The use of the National Classifier of Ukraine DK 009:2010 "Classification of Types of Economic Activity" as the basis for the list of creative industries in 2019 was a wrong decision which, however, logically follows from the definition of creative industries introduced in 2018 in the Law of Ukraine "On Culture" which qualifies them as types, not spheres of economic activity. The literal application of this concept has led to the fact that the national list of creative industries has the following shortcomings: 1) artificial segmentation of one field of activity into several creative industries; 2) artificial unification of different areas of creative activity into one creative industry; 3) absence in the list of fields of activity which are essentially creative industries; 4) coverage by the list of fields of activity which do not produce creative products and do not provide creative services. It is concluded that a new, qualitatively different list of creative industries needs to be approved.

Impact of Portfolio Performance on International Portfolio Diversification

Investment opportunity is what we all are looking for every now and then, avenues that can generate maximum return with minimum of risk. International Portfolio diversification may not fulfill aspiration of investors with globalization spreading its wings in each sphere of economic activity. The study has been conducted from the perspective of Indian Investor taking into account 22 foreign markets (11 emerging and 11 developed). The countries have been selected from two points of view; firstly on the basis of market capitalization and secondly on the basis of availability of data. Emerging markets chosen for the study contribute more than 80% in Emerging market Index which is sufficient to generalize the results to the whole. Geographical regions have also been taken into consideration in order to benefit from regional diversification; these are Asia-pacific with 13 markets, 8 markets from Europe, 3 from Latin America and USA. Firstly, portfolios with different investment objective would be chosen on the basis of sampled countries. Then testing co-integration study would help in elimination of those countries generating co-integrating vector. Hence, Indian investor would be benefited by the study to find out whether globally diversified portfolio is better or not as compared to domestic portfolio. International portfolio diversification can be suggested for Indian investor in the wake of its performance during structural breaks.

ТЕОРЕТИЧНІ АСПЕКТИ СОЦІАЛЬНО-ЕТИЧНОГО МАРКЕТИНГУ

The article defines theoretical aspects of social and ethical marketing. The interpretation of the concept of «socio-ethical marketing» by foreign and domestic scholars is analyzed. The main advantages of the concept of socio-ethical marketing, which are realized through its modern functions: analytical, production, pricing, sales, communication, strategic, managerial, informative, social, reproductive, are considered. Three ideas that form the basis of social and ethical marketing are described. Public, social, economic goals and principles of socio-ethical marketing are defined: objectivity, adequacy, orderliness, sustainability, awareness, balance, social responsibility, moral responsibility, publicity and transparency. The directions of application of social and ethical marketing are characterized. The spheres of economic activity in which the use of social and ethical marketing is particularly important are presented. The advantages, positive and negative consequences of the application of socio-ethical marketing in the public administration system are considered.

Some aspects of legal support for private procurement compared to public procurement

The modern paradigm of rapid development of free business and transparent competition between subjects of the private business sector became the basis for the formation of a transparent system of legal support for private procurement, which, unlike public ones, have less legislative regulation and opportunities for abuse. However, at the level of law application, their settlement justified in other countries in Ukraine fails. This paper has considered various aspects of legal support for private and public procurement. The author conducted a study aimed at considering approaches to the definition and understanding of private procurement in comparison with public procurement, as well as the features of their implementation, with the aim of presenting the author's vision obtained during the legal analysis and study of the private procurement regulatory and legal support in comparison with public procurement in the Ukrainian right. A proper definition of "private procurement" is proposed as a procedure for the acquisition by a private business entity of goods, works, and services necessary for full and effective functioning, which takes place in the order determined by the internal rules of a particular business entity, and is based on the principles of legality, economy and efficiency. An analysis of some contracts conclusion elements of the process in both private and public procurement, such as conducting a tender procedure and subsequent conclusion of the contract, paying attention to their legal nature and features of conditions and participants. Attention was also drawn to the widespread use of the LOI "Letter of Intent" as a document signed by the parties during negotiations before concluding a final contract. The highlighted aspects contribute to the achievement of a clear understanding of these concepts, which in the future can help ensure effective legal regulation of procurement processes in all spheres of economic activity.

Basics of implementation of the standards of international agreements in the sphere of international trade by Ukraine

The latest international trade is characterized by serious, radical changes - the creation of a global information space, where the main products of production are information and knowledge, and information technologies penetrate almost every sphere of economic activity. International treaties become the main source of legal regulation of relations arising in the field of international trade.
 It has been established that the future development of Ukraine's economy directly depends not only on determining the directions of transformation of legal relations in the field of international trade, but also on how Ukraine directly implements the provisions of current international treaties in the field of international trade, in particular in such an important field as intellectual property - international agreements are the determining factors of the competitiveness of the country's economy, the most valuable capital that determines the strategy and tactics of our country's development, the most important driver of innovation.
 It was found out that today, the states have come to the realization that without solving issues related to the international regulation of relations in the field of intellectual property, without concluding international agreements in this field, it will be impossible to promote any object of intellectual property in the world. It is substantiated that all the specified international treaties regulating intellectual property as an object of trade transactions, to which Ukraine has joined, form an interconnected system of international trade relations. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) occupies a special role among the system of these international agreements. The implementation of the TRIPS Agreement in Ukraine progressed in parallel with radical changes in the ways of using intellectual property in trade and the growing use of the international intellectual property system. Currently, Ukraine is at the final stage of institutional reform in the field of intellectual property - the State Organization «Ukrainian National Office for Intellectual Property and Innovations» (UANIPIO) has been established; its powers, scope and directions of its activity are established; the right to represent Ukraine in international and regional organizations, etc.
 Ukraine is an active participant in international trade processes and the corresponding main international legal acts in this area, which increases the interest of our state in optimizing and improving the standards, norms and provisions that regulate it. Judicial practice has confirmed that international treaties are an integral part of national legislation.

Threats to regional economic security: statistical assessment of criminal activity and countermeasures

conditions of geopolitical and economic instability, growing social tension, the emergence of crime-generating situations such as high inflation, differentiation of society by income level, mass criminalization of the population’s consciousness and others lead to a rather complex criminogenic situation, leading to the emergence of a threatening threat to national and regional economic security. As a result, identifying, assessing and preventing crimes in the sphere of economic activity are mandatory to ensure low crime rates in the region. In the article, the regions of the Russian Federation were differentiated by crimes of an economic nature, and trends were identified and threats to ensuring the economic security of the Stavropol Territory were studied using the grouping method, economic-geographical, territorial-sectoral approaches, etc.

Problems of the development of Ukraine’s industry and itspersonnel supply in the conditions of war

Abstract The article examines the problems of industrial development of Ukraine during the period of independence and in the conditions of a full-scale war. A review of publications on the problems of industry by domestic researchers is carried out. It is stated that as part of the Soviet Union, Ukraine had a developed industry, which was fully integrated into the Union economy. The rupture of production chains, the loss of markets and the lack of an effective industrial policy during the period of independence led to deindustrialization and technological decline of Ukraine's industrial potential, which became a significant factor in unleashing armed aggression. The negative impact of the war on the state of domestic industry is studied: the destruction, closure and relocation of many enterprises, the curtailment of business and the primitivization of production led to a reduction in the volume of products sold by almost a third. Analysis of the dynamics of production in 2023 showed a slow and unstable recovery of industrial production, which is hindered by a number of factors. It is noted that a growing constraint is the lack of qualified personnel. The main threats to the staffing of the industrial sector of Ukraine in the wartime and post-war period are systematized: physical and migration losses of the population, brain drain, migration policy of the EU countries to create a reserve of skilled labor for their economies, low level of wages at domestic enterprises, destruction of the education system and inconsistency of vocational training with the needs of the labor market, weak participation of business in interaction with the system of vocational training and in improving personnel qualifications. At the present stage, the main tasks in the field of staffing of industry are: increasing the level of safety of living and working conditions in Ukraine; improvement of the organizational and legal principles of employment based on the principles of decent work; development of effective mechanisms and incentives for the return of forced external migrants; involvement in the sphere of economic activity of the passive part of the able-bodied population, including disabled people; use of diverse and flexible forms of work organization; modernization and development of the system of vocational and engineering education. Keywords industry, industrial complex of Ukraine, war risks for industry, industrial recovery, human resources of industry, human losses from the war, labor shortage

Differences in the composition of the crime provided for by art. 201-2 (illegal use of humanitarian aid) from related elements of crime

In connection with the increase in the scale of humanitarian aid and persons who cynically profit from charitable activities, disregarding the norms of morality, the Criminal Code of Ukraine was supplemented with a new Art. 201-2 of the Criminal Code of Ukraine, which establishes criminal liability for the illegal use of humanitarian aid, charitable donations or free aid for other purposes than the intended purpose, namely for profit or personal enrichment, where the object of the encroachment will be public relations in the field of use of humanitarian aid goods, charitable donations or free aid. The above has actualized the need to consider the differences between the corpus delicti under Art. 201-2 of the Criminal Code of Ukraine and some related corpus delicti. The author establishes that the main criterion for distinction is the subject matter, namely, humanitarian aid, charitable donations and free-of-charge assistance. In addition, the object and the objective side are also distinguished. The object of a criminal offense under Art. 201-2 of the Criminal Code of Ukraine is relations in the field of economic activity, unlike crimes with a similar objective party, in which the object is the right of ownership as a legally protected interest, which is expressed in the possession, use and disposal of property. At the same time, since the object of Art. 201­2 of the CC is relations in the sphere of economic activity, the main criterion for measuring the gravity of a criminal offense is the total cost of items that should be received by recipients of humanitarian aid, charitable donations, free assistance, and, for example, under Art. 192 of the CC - the amount of property damage to the owner of property caused by the illegal use of such property. At the same time, the illegal use of humanitarian aid is different from the crime under Art. 191 of the Criminal Code of Ukraine in the context of the sale of humanitarian aid, which means the paid transfer of property by one person to another person, since the embezzlement of another’s property requires the free transfer of another’s property in favor of another person. It is concluded that the acts prohibited by Art. 201-2 of the Criminal Code of Ukraine, in its absence, would be covered by criminal offenses against property.

Object of illegal activity of organizing or conducting gambling games, lotteries and its place in the system of criminal law norms

The article is devoted to the study of the object of the criminal law norm on illegal activities of organizing or conducting gambling games, lotteries, the results of which proved the correctness of the location of Art. 203-2 of the Criminal Code of Ukraine in Chapter VII entitled “Criminal offenses in the sphere of economic activity”. The article analyzes the specifics of the definition of the main direct object of the criminal offense provided for in Art. 203-2 of the Criminal Code of Ukraine, which in the third form of the objective side has a controversial interpretation, in particular, it is considered as social relations of morality. In the part related to this issue, the regulatory legislation was analyzed, namely the Law of Ukraine “On State Lotteries in Ukraine” dated 09/06/2012 No. 5204-VI and the Law of Ukraine “On State Regulation of Activities Regarding the Organization and Conduct of Gambling Games” dated 07/14/2020 No. 768-IX.
 It was established that the act is provided for in the third form of the current edition of Art. 203-2 of the Criminal Code of Ukraine covers the organization and operation of the institution with the aim of providing access to gambling and lotteries. Along with this, it was found that certain types of such activities, despite the criminal law prohibition, are allowed by the regulatory legislation, in particular it was proved that the organization and ensuring the functioning of the establishment with the aim of providing access to gambling games, lotteries should be considered non-equestrian and therefore prohibited only in the case when it concerns:
 
 a physically existing establishment (Internet clubs or internet cafes);
 a virtual institution, the organization and functioning of which is carried out without the appropriate permission documents (license).
 
 Organizing or ensuring the functioning of a virtual establishment for the purpose of providing access to gambling games or lotteries conducted on the Internet in the presence of an appropriate license is not subject to a complete criminal law ban.
 This causes confusion in the definition of the object of this criminal offense, which is justified in the article to consider public relations in the sphere of economic activities related to the organization of gambling and lotteries
 In order to eliminate conflicts and inconsistencies between the current criminal and regulatory legislation, it is proposed to make changes to the current wording of Art. 203-2 of the Criminal Code of Ukraine, in particular, in the third form of the objective party, the actions described in it are justified to be described at the legislative level by the concept of “illegal”.

Assessment of the level of IT-technologies development in the activities of agricultural enterprises

To a large extent, in the domestic branch of agriculture, the decline in the technological level of production, the slowdown of investment and innovation processes are caused by the insufficient level of information and technological support of their economic activities. The use of modern information technologies in comparison with traditional ones for agriculture has a significant advantage in terms of speed and quality of data transmission, improving the accumulation, analysis, and use of information. The purpose of the study is to assess the level of validity of decision-making by the management of agricultural enterprises in the sphere of IT-technologies of their economic activity. The level of informatization and computerization of separate spheres of activity of agricultural enterprises in Rostov region has been assessed. The existence of a direct relationship between the size of the enterprise and the level of its informatization has been substantiated. It was revealed that there is no connection between the list of spheres of economic activity, within which agricultural enterprises introduce information and computer technologies, and the spheres of economic activity, in which the management expects significant positive changes in case of development of the corresponding processes. The main problems of using Internet technologies in agricultural enterprises have been identified.