Forms Of International Cooperation Research Articles

International Cooperation in the Fight Against Cybercrime: Current State and Development Prospects

The article is devoted to the study of criminal procedural and other organizational and legal aspects of international interaction between states in the fight against cybercrime in the context of countering new challenges and threats. The aim is to identify and consider formal and informal measures of international cooperation in response to the problem of transnational cybercrime. The author analyzes various forms of international cooperation in the fight against crime, which include extradition (extradition), legal assistance in criminal cases, transfer of criminal prosecution (legal proceedings), as well as informal cooperation between law enforcement agencies (international police cooperation), in particular within the framework of US law under the name CLOUD-Act.

АНАЛІЗ СТАНУ ІНТЕРНАЦІОНАЛІЗАЦІЇ МАЛОГО ТА СЕРЕДНЬОГО БІЗНЕСУ УКРАЇНИ В УМОВАХ ЄВРОІНТЕГРАЦІЇ

Globalization and integration processes show positive trends in expanding access of small and medium enterprises to different forms of international cooperation, particularly in export and import operations. The article analyzes the importance of small and medium enterprises internationalization for the Ukraine’s foreign trade development under the European integration conditions. Basing on statistical data, the dynamics of small and medium enterprises involvement in foreign trade operations was analyzed (at the national and Zhytomyr region levels). The place of small and medium business in the foreign trade relations system has been outlined. It covers local resources accumulation and use, forming the demand in the domestic market for labor and material resources. Internal and external barriers to the small and medium-sized businesses internationalization are described, including lack of access to financial resources, inability to obtain complete information about foreign markets, lack of material and labor resources, language barriers for SMEs’ staff. The advantages and disadvantages of small and medium enterprises in comparison with large companies are formulated in terms of direct market entry and export decision-making. In the article it has been determined that small and medium enterprises of Ukraine and particularly Zhytomyr region have increased exports in recent years, their share in Ukraine’s total exports is growing (especially for micro-enterprises). In addition, the volume of exports per enterprise is growing at the same time. In Zhytomyr region the corresponding growth trends of the SMEs’ share in export activities should also be outlined, because it is higher than average indexes in Ukraine. Potentially, SMEs’ development and internationalization will expand regional opportunities for effective employment; contribute to the households’ incomes growth. National and regional disparities in SMEs’ internationalization level should be equalized through the support of such enterprises, in particular by the regional development programs and the SMEs’ expansion to European funding programs.

Main Sources of Chinese "Soft Power" in Latin America in the Modern Era

The article covers the fundamentals of Chinese "soft power" in Latin America. "Soft power" now takes an important place in Chinese foreign strategy, both the international level and in Latin America. The author describes the main features of international relations between China and Latin-American countries. The paper focuses on the main sources of formation of positive image of China in the region. The study revealed that Chinese "soft power" has significantly strengthened in the region in recent years. At the same time, the author notes that it is still much weaker than that of the USA. In modern conditions, Chinese government is likely to seek more active application of new forms of international cooperation, promotion of "soft power" being one of them. The methodology of the research was based on the systematic approach, which means considering Chinese "soft power" as a part of the whole foreign policy of China. Theoretical and practical relevance of the study consists in that fact that it creates a basis for further research on this issue. The results can be used to forecast the development of Chinese foreign policy strategy, as well as to study the complex of relations between China and Latin American states.

Cooperation between the Russian Animation Industry and Asian Partners

One of the main trends in the development of the Russian animation industry is the intensification of international cooperation and promotion on international media markets. Russian animators are developing different forms of international cooperation and co-production in the context of the economic crisis, financing problems, lack of second-tier personnel and production capacities, as well as national distribution problems. In the situation of a weakening relationship with European partners, there is an increase in cooperation with Asian companies.
 The leading role is given to cooperation with China, due to the policies pursued by the two countries and close cultural interaction supported at the intergovernmental level. Russian companies are moving from outsourcing in film production to other forms of interaction, such as co-financing of projects and co-production. The essay analyzes the co-production experience of such leaders of the Russian animation industry as Riki, KinoAtis and Wizart Animation.
 Co-production with foreign companies involves a number of problems caused by cultural, mental, legal and organizational differences. Still, it combines financial efforts and consolidates technical capabilities, raising the quality of films to the world level. Co-production also stimulates international distribution and reduces financial risks, opens up opportunities to conquer new markets and overcome the systems of quotes that exist in some countries. In the Russian animation industry, the number of co-produced films demonstrates a tendency to increase. The development of various forms of interaction between the Russian animation business and foreign partners and the presentation of coproduced films on international media markets contributes to the formation of Russias positive image and promotes its national interests, lifestyle and culture, affirming animations long-standing status of a soft power asset.

ECONOMIC CONVERGENCE IN THE EUROPEAN INTEGRATION SPACE IN THE CONTEXT OF RELATIONS BETWEEN UKRAINE AND THE VISEGRAD FOUR

The problem of economic convergence of Ukraine is considered as a crucial way of reaching the goal of European integration and membership in the European Union. It takes into account the current economic situation in the country, the main feature of which is a significant lag behind all EU Member States, especially in terms of GDP per capita. The external factor is crucial in the concept because of the inability to singlehandedly accomplish convergence tasks in Europe and in the global space in a reasonable timeframe. The more substantial the changes, the more important the factors related to the development of international economic relations. The author’s proposals concentrate on making economic convergence central in the development of overall convergence. Ukraine has great potential for mutually beneficial cooperation in all spheres with the Visegrad Four because it is a union of neighbouring countries and has gained experience reducing a relatively large economic lag from the «old» EU members. The scope of the investigation is not limited to traditional forms of international cooperation, but is oriented towards new solutions. They are represented by the organizational model «V4 + UA» (Visegrad Four + Ukraine) with the prospect of developing into an enlarged association «Visegrad Five», which will continue to play the role of the internal structure of the European Union, and include a candidate for membership, i.e. Ukraine. Sustainable economic growth of a new group must rely on a unified market, Europe’s greatest advantage, and concentrated structural reforms that can drive the production in the areas of growing demand. The author also admits the possibility of future establishment of confederate government in the model «V4 + UA» in order to use the competitive advantages of large state entities such as Germany, France, Italy, Spain).

Convention Models of International Scientific and Technical Cooperation (Based on the Case Study of Marine Scientific Research)

First, an attempt to describe the models of international scientific and technical cooperation caused the need to refer to the concept of a “legal model.” As a result of the conducted research, it is established that the unifying aspect in the understanding of the essence of the legal model is that it functions in a certain way reflecting (describing) objects, processes or phenomena of legal life. Taking into account the forms of international cooperation, it is proposed to separate the conventional and institutional models of international scientific and technical cooperation. The institutional model to greater extent characterizes the status and activities of the actors. The conventional model primarily reflects a set of legal regulators of interaction between the subjects. However, it is not limited to international treaties and customs, but also includes acts containing rules of soft law. In order to describe the conventional model of international scientific and technical cooperation in the field of marine research, the concept of “marine scientific research” has been analyzed, as well as the analysis of the development of the institution under consideration within the framework of the international law of the sea regulating the interaction between subjects of international law and other actors in the field of marine scientific research and the exchange of technology has been carried out. As a result, it is established that the conventional model of international scientific and technical cooperation in the field of marine scientific research is based on the United Nations Convention on the Law of the Sea of 1982 and includes, as appropriate, bilateral and multilateral international treaties and agreements, decisions and resolutions of competent international organizations, as well as numerous instruments containing rules of soft law aimed at focusing on the various aspects of interaction.

Do the cures match the problem? Reforming the Arctic Council

AbstractDespite its numerous valuable contributions to Arctic governance, throughout its history the Arctic Council (AC) has been subject to criticism and reform proposals from academic, non-governmental and practitioner communities alike. In order to inform this ongoing debate, the paper evaluates the proposals that have been presented for the AC thus far. The proposals are grouped into three clusters: legal reforms, organisational reforms and functional reforms. Each of them is examined in terms of its applicability and usefulness to the case of the AC, and specifically its suitability given the prevailing conditions in the Arctic. What the conducted analysis reveals is that the ideas regarding means to enhance the AC’s effectiveness can be largely attributed to the assumptions their proponents make—oftentimes implicitly—about the nature of state actors and international relations more broadly, without attending to the particular conditions of the case study at hand. This is an important inference, given the unrelenting change happening in both Arctic and global socio-environmental settings that calls into question the usefulness of past modes of thinking and forms of international cooperation. Far from offering solutions, their continuous application in particular circumstances might even impede progress in addressing present and future challenges.

ЮРИСДИКЦІЯ ДЕРЖАВИ ЩОДО ЗАХИСТУ СВОЇХ ГРОМАДЯН ЗА КОРДОНОМ ВІД ТОРГІВЛІ ЛЮДЬМИ: ПРАКТИКА ЄВРОПЕЙСЬКОГО СУДУ

The article is devoted to the issue of state jurisdiction in case of a crime against a citizen of Ukraine in the territory of another country, a positive obligation of law enforcement agencies to conduct an effective investigation within the limits of their authority using the mechanism of international legal assistance. The absence of universal jurisdiction of one state for the territory of the other does not exclude the need to protect the rights of victims who are victims abroad. Powers are limited to the sovereignty of another state, but this does not exempt from the obligation to conduct an effective investigation. Refusing to open a criminal case to the applicant is a restriction on access to justice. Trafficking in persons is a transnational crime, which increases the risk of becoming a victim of people in the territory of another country. Applicants who are unable to apply to law enforcement agencies have the right to appeal and protect their relatives abroad. Refusal to initiate criminal proceedings on the fact of trafficking in persons with the reference to the fact that the Convention in art. 4 does not provide protection against this type of crime is a direct violation of convention standards. The European Court has never considered the provisions of the Convention the only normative basis for the interpretation of the rights and freedoms enshrined therein. One of the basic principles for the application of the provisions of the Convention is that the Court does not apply them in isolation. Like any international agreement, the Convention should be interpreted in the light of the rules of interpretation established by the Vienna Convention on the Law of Treaties of 23.05.1969. Therefore, there is no doubt that trafficking in human beings is a threat to human dignity and the fundamental freedoms of its victims and that it can not be considered compatible with a democratic society and the values that are protected by the Convention. GRETA believes that the Ukrainian authorities should increase their efforts to conduct joint or parallel investigations and other forms of international cooperation in human trafficking cases in order to provide for the possibility of arrest and conviction not only of recruits in Ukraine, who organizes trafficking in human beings and profit from the exploitation of those who have suffered from it. Such cooperation should be strengthened, in particular with the countries of destination of Ukrainian victims of trafficking in human beings.

Bordering sustainability in the Anthropocene

ABSTRACT While environmental matters rarely respect political boundaries, efforts to govern resource, pollution, wildlife and numerous other matters are often profoundly shaped by territorial jurisdiction. Direct regulation, trade restrictions and forms of international cooperation have all shaped global efforts at environmental governance, while fortress conservation ideas frequently invoke territorial exclusivity. The context for these measures has been changing both as a consequence of the growth of the global economy and as a result of the biophysical transformations that are integral to this expansion through the period of the great acceleration. Climate adaptation practices frequently invoked practices of enclosure and expulsion that are often counter-productive. Novel circumstances due to accelerating Anthropocene change now shape the policy landscape, while numerous policy-makers grapple with how to implement the Sustainable Development Goals. These require rethinking the bordering practices that govern environmental matters and the relationships of territory to ecological function. This is necessary now not least because of increased natural system instability, the new condition of non-stationarity and the inadequacy of stable base line assumptions for dealing with rapid change across boundaries.

Joint Audits: Applicable Law and Taxpayer Rights

This article first provides an overview of the concept, categories and objectives of joint audits, defined as all forms of international cooperation between tax authorities where officials from one country take part in a tax audit carried out by officials of another country. Subsequently, questions of applicable law, taxpayer rights standards in particular, are discussed. On this basis, an in-depth analysis of the relevant constitutional and legal guarantees of taxpayer rights is carried out from the specific perspective of EU law. The article concludes with a plea for further harmonization of joint audit procedure at EU level, in order to provide legal certainty and as a prerequisite for a more prominent role of this legal instrument.

INTERNATIONAL COOPERATION IN FINANCIAL FRAUD INVESTIGATION

The aim of the article is to formulate theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud. The subject of the study is international cooperation in the investigation of financial fraud. Methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to determine the preconditions for the origin of financial fraud as a crime of international nature, the establishment of the institute of international cooperation in criminal proceedings. The comparative legal method enabled to compare doctrinal approaches to the differentiation of tasks and forms of international cooperation in the investigation of financial fraud. The system-structural method enabled to determine the tasks of the pretrial investigation bodies in the investigation of financial fraud considering the functional aspect of the relevant bodies and individuals. The methods of grouping and classification were the basis for the author’s approach to the definition of features of financial fraud as a crime of an international nature. The technical legal method enabled to examine the state of affairs in the legal regulation of the application of international cooperation measures in the investigation of financial fraud at the international and national levels, to identify its shortcomings, which determine the problems of practical implementation, to develop recommendations aimed at their elimination. The results of the study revealed that improvement of the international cooperation in the investigation of financial fraud involves the use of new methods and means of investigation (legal proceedings within the framework of international legal assistance, joint investigation teams, etc.); working out effective interaction with the competent authorities of foreign countries and international organizations. It is important to conclude international cooperation agreements, including interagency agreements; to improve the national legislation to comply with the provisions of international law; to harmonize the legislation of Ukraine and European states. Practical implications. In the research, financial fraud is defined as a crime of an international nature; the problematic issues of its investigation are determined; features of international cooperation in the investigation of financial fraud; the areas of its efficiency improvement are suggested. Relevance/originality. The original author’s approach to the formulation of theoretical principles and practical recommendations for the implementation of international cooperation in the investigation of financial fraud is the foundation for the elaboration of the most promising areas for the development of national legislation and practical activities in this sphere.

COOPERAÇÃO INTERNACIONAL E EFETIVAÇÃO DO DIREITO À SAÚDE: UMA ANÁLISE A PARTIR DA AGENDA DO BRICS

O presente estudo pretende efetuar uma análise do potencial que a cooperação política entre Brasil, Rússia, China, Índia e África do Sul – países que compõem o Brics – tem de fomentar uma agenda pautada também na efetivação de direitos humanos. Acredita-se que a cooperação internacional seja um instrumento fraterno capaz de acelerar o processo de efetivação dos direitos humanos e que, por meio dela, seja possível não apenas buscar o desenvolvimento econômico, mas também, de fato, efetivar direitos, especialmente os direitos humanos. Nesse sentido, parte-se da ideia de que o marco da agenda de cooperação do Brics apresenta-se como uma possibilidade concreta de novas formas de cooperação internacional, pois se trata de um grupo de países distantes geograficamente, mas que visualizam na cooperação o fortalecimento das relações internacionais. Ademais, essa nova agenda de cooperação atribui um papel de destaque ao direito à saúde, representando um direito social básico para o desenvolvimento humano, que rompe fronteiras ao superar a barreira de Estados soberanos e, assim, possibilita a criação de consensos e pactos.

Outsourcing in International Economic Relations

Entities from different countries interact through various forms of international cooperation, integration, subcontracting, outsourcing to ensure competitive advantage, reduce costs and increase economic efficiency. The article is an analysis and synthesis of existing approaches to defining the essence of outsourcing research and its application in international.

СИСТЕМА КРИМІНАЛІСТИЧНОГО ДОКУМЕНТОЗНАВСТВА: ЗАРУБІЖНИЙ ДОСВІД

This article is devoted to the study of system of forensic investigation of documents as a branch of forensic technology. It is indisputable that illegal actions committed with the use of documents or those in which documents are material evidence constitute a significant percentage of the system of criminal offenses committed in Ukraine. The article uses crime statistics for 2020, summarized by the General Prosecutor's Office of Ukraine. An analysis of similar data for previous periods suggests that over the past five years, crimes with the use of documents have increased. In the paper, we substantiated that such an increase is the result of natural scientific and technological progress, the emergence of new types of information and its carriers. That is why, during the investigation of crimes, not only the document is examined as a material carrier of significant information, but also the information itself, expressed in letters, numbers, symbols or other signs. This article defines the essence of the subject of forensic investigation of documents as the activity of authorized bodies and persons to conduct a comprehensive investigation of documents and information that is important for the investigation of a crime or for its prevention. It is pointed out that in the system of domestic forensic investigation of documents are three parts - forensic authorship, handwriting investigation and technical and forensic investigation of documents. At the same time, it was established that the system for examining documents that have criminalistic significance in foreign countries does not contain any evidence of the existence of a division of this type of examination into separate subspecies. As a rule, in foreign countries, the investigation of documents is covered by the concept of forensic examination, but which is carried out by specialized bodies created precisely for this purpose and which have the appropriate powers throughout the country. Sometimes the investigation of documents and information that they contain is the only functional competence of the created bodies or their structural divisions. The article also identifies the forms of international cooperation in the field of forensic documentation and identifies promising directions for the development of this legal institution of forensic science both for science and for the practical activities of law enforcement agencies.

Mutual Legal Assistance in Criminal Matters in the Western Balkan

The central focus of the study is what obstacles might exist in national legislation and practice of the Western Balkan states that might hinder or complicate the efficiency of international cooperation, according to European standards. The states that are included in the study are all states that have expressed their wish to accede to the European Union (Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Serbia) and Croatia that already has become a Member State. The question “What could amount to impediments to international cooperation?” has been leading throughout the study. The study is therefore to be considered as problem-focused. The study analyses various forms of international cooperation, such as exchange of information, mutual legal assistance, extradition, transfer of proceedings, joint investigation teams, confiscation, as well as the transfer of judgements and prisoners.

Russia’s Far East

The article examines contemporary trends in the socioeconomic development of the Far East that arise from territorial imbalances, along with possible scenarios for future processes and their consequences. It is necessary to strengthen government support of the region through new forms of international cooperation.

The Integrated Fight Against Organised Crime in the Baltic Sea Region (BALTCOM) - Genesis, the Main Fields of Activity and Prospects for Development

Since the establishment of the Task Force many operations involving countries in the region have been performed. A multidisciplinary approach was introduced in terms of the operations in order to better utilise financial and personnel resources as well as to improve results of operations. Usually operations have provided useful information (for example on modus operandi). A few of the operations have been conducted specifically with the objective of gathering information – operation General Aviation is one example of this. Operation Early Bird, a bilateral operation between Poland and Germany, was a direct result of the information from operation General Aviation. The Task Force has the potential of making the operations unpredictable to the criminals as far as time, location and geographical area are concerned. However over the years it has not become clear if the Task-Force cooperation is valuable and efficient. In the beginning the mere fact of being able to carry out joint operations in the region, i.e. all countries doing the same thing at the same time, was a very good and important result in itself. The expectations and demands adressed to the co-operation have increased, and now external evaluations is needed. The presented issue is extremely complex due to the specific nature of the activities carried out on BALTCOM platform and its unique position in the international system of cooperation. Article draws the attention to possible benefits from such forms of international cooperation in combating crime.

Territories of Advanced Socio-economic Development: Their Importance, Establishment Particularities and Governance Methods

The article describes the problems and possible solutions to to the current state of Russia associated with the post-crisis development and economic sanctions. The emphasis is made on the Far East as one of the key areas of Russia. Specified are the constraints on the implementation of its economic potential, such as the raw material orientation of the economy, low provision of infrastructure, the remoteness of the region from the industrialized areas of the country, underdeveloped industrial and social infrastructure, weak investment opportunities, a large-scale outflow of the population, etc. The elaborated solutions include the creation of a network of special areas of advancing socio-economic development – the priority development areas (PDA), offering benefits and preferences to the companies-residents of non-extractive industries for the 70-year period. Priority development areas should act as contact zones, providing foreign economic, scientific, cultural and other forms of international cooperation with the countries of Asia-Pacific. DOI: 10.5901/mjss.2015.v6n6s7p328

Koszty agencji a działalność eksportowa firm rodzinnych

The purpose of this publication is to investigate the relationship between concerns about external and internal agency conflicts in family businesses and family control over the company and forms of international cooperation. The study is based on surveys conducted among 101 family businesses in Poland. The author examines the following theses in particular: ‒ the high level of concern about internal agency conflicts (within the company) implies that there will be more family control over the business; ‒ some forms of international cooperation are rarely used by family businesses due to concerns about international (external) agency conflicts that may arise between a family business and its foreign partners;‒ the main reason for undertaking international cooperation is to increase sales and reduce operating costs.

Paris, India, and China: Shaping the Global Agenda

The climate negotiations in Paris mark a geopolitical shift with China and India setting the global agenda as they have made climate change an integral part of their transformation. This shift opens up of possibilities for new forms of international cooperation that are not based on the 20-year old Climate Convention. The emerging global consensus is reflected in the movement away from the narrow focus on “environmental risk management” to “economic growth within ecological limits”. Incorporating in the new Agreement, elements of sharing prosperity, or innovative technology, and not only responsibility for emissions reduction will be the biggest leadership challenge.