Crime Research Articles

ЗАРУБІЖНИЙ ДОСВІД ЗАПОБІГАННЯ ЗЛОЧИННОСТІ ІНОЗЕМЦІВ ТА ОСІБ БЕЗ ГРОМАДЯНСТВА

The article is dedicated to the study of foreign experience of crime prevention of foreigners and stateless persons with the formulation of scientifically based prospects for its implementation in Ukraine. The relevance of the selected issues is explained by the following circumstances: firstly, in the conditions of the ongoing war, a significant part of the population of Ukraine was forced to emigrate abroad and can potentially become either subjects or victims of criminal offenses; secondly, international cooperation in the most dangerous types of criminality is increasing, in particular: smuggling, illegal trafficking of weapons, drugs, human trafficking (including involvement in prostitution), theft of cultural and historical values, etc.; thirdly, the identities of criminals (criminal offenders) – foreigners and stateless persons – have not been fully studied, especially their criminogenic behaviour in the conditions of modern national and world realities. It is emphasized that crime prevention of foreigners and stateless persons in Ukraine is impossible without a study of the positive experience of law enforcement agencies functioning in foreign countries, which assign a priority role in their activities to the prevention of criminal offenses in a certain area. The conducted research on the study of the experience of developed foreign countries in the field of crime prevention of foreigners and stateless persons provides grounds for determining the following forms of its implementation to preventive activities in Ukraine: 1) use of the experience of the USA and European countries in the preparation of conceptual legal acts in the field of crime prevention of foreigners and stateless persons; 2) use by law enforcement structures (in particular, the police) and non-state structures of civil society of positive foreign practices of crime prevention by foreigners and stateless persons; 3) use of opportunities for international cooperation in the field of combating criminality of foreigners and stateless persons, as well as preventing the commission of criminal offenses against these categories of persons who are on the territory of Ukraine. Key words: war, martial law, criminal offense, identity of a criminal (criminal offender), victim of a criminal offense, victimhood, determinants, forced migration, foreigners, stateless persons, criminality, smuggling, illegal weapon trafficking, illegal drug trafficking, prevention measures, subjects of prevention, law enforcement agencies, foreign experience, international cooperation, criminal proceedings, investigation, procedural actions.

A Review of Criminal Law on The Phenomenon of Teenage Illegal Sprint Racing during Ramadan

Illegal sprint racing is a prominent type of adolescent delinquency in Indonesia, especially during Ramadan. This occurrence not only undermines public order but also violates various applicable laws. This study employs a normative legal approach, with a focus on legal principles, to identify positive legal doctrines relevant to the phenomenon of illegal sprint racing. A case study approach is used to investigate various aspects of the phenomenon using primary legal texts such as the Law on Roads, the Law on Road Traffic and Transport, and the Law on Policing. The investigation found that illicit sprint racing without appropriate license is a severe violation of the law. The findings demonstrate the critical role that law enforcement plays in preserving community welfare, security, and order in locations that are frequently the scene of illicit sprint racing. Repressive law enforcement, more frequent patrols, and raising community understanding of the law are all effective ways to address this issue. The goal of socializing legal awareness is to increase community knowledge of relevant laws and regulations, and routine patrols are carried out to stop and identify illegal activity before it gets a chance to start. Repressive law enforcement makes it clear to offenders that their actions will not be accepted.

РОЛЬ І МІСЦЕ ДІЗНАВАЧА У ЗАГАЛЬНОСОЦІАЛЬНОМУ ЗАПОБІГАННІ КРИМІНАЛЬНИМ ПРАВОПОРУШЕННЯМ

The article defines the role and place of the inquirer in the general social prevention of criminal offenses. It has been proven that the general social directions of preventing criminal offenses by the inquirer consist in the implementation by the official of the inquiry unit of the activity defined at the regulatory and legal level, which, with the use of procedural and non-procedural measures of influence, is aimed at increasing the level of effectiveness of the implementation of criminological security measures by identifying, neutralizing, blocking, eliminating causes and conditions of illegal activity, carrying out an educational influence on the offender with the further creation of prerequisites for the implementation of special criminological and individual preventive measures. The system-forming features that make up the content of this concept include the following: 1) it is the activity of inquirers, which is defined at the regulatory and legal level; 2) this activity is aimed at neutralizing, blocking, eliminating, etc. determinants that contribute to the commission of criminal offenses; 3) general social prevention of criminal offenses carried out by inquiry bodies, aimed, among other things, at increasing the level of effectiveness of state social policy implementation. Within the framework of general social directions of prevention, with the aim of consolidating the preventive function in the criminal process, part 1 of Art. 91 of the Criminal and Procedural Code of Ukraine should be supplemented with the following clause: «8) reasons and conditions that contributed to the commission of criminal offenses», as well as new articles: Art. 92-1 «Circumstances to be established when proving the causes of a criminal offense», Art. 92-2 «Submission of the inquirer, investigator, prosecutor in criminal proceedings». Key words: inquiry, inquirer, criminal offense, criminological security, determinants (causes and conditions), prevention, general social level.

Deciphering the Environmental Code: SEM-EDX Analysis of Lead and Mercury Distribution in Enhalus Acoroides From Kayeli Bay, Indonesia

Background: Illegal gold mining activities around Kayeli Bay have led to increased heavy metal contamination that has the potential to impair water quality and growth of Enhalus acoroides, an important seaweed species. This study aimed to investigate the distribution and concentration of heavy metals Pb and Hg in Enhalus acoroides organs (roots, rhizomes, and leaves) using SEM-EDX techniques and evaluate the impact of mining activities on the surface microstructure of these organs. Methods: Enhalus acoroides samples were collected from ten sampling points in Kayeli Bay, which were selected based on potential heavy metal contamination. SEM-EDX analysis was performed to assess the surface microstructure and distribution of heavy metals in the seaweed samples. Results: Results showed significant differences in Pb and Hg concentrations among samples from different locations, with Hg content consistently higher than Pb. Surface microstructure analysis showed morphological changes in roots, rhizomes, and leaves exposed to heavy metals, indicating environmental stress in Enhalus acoroides. Conclusion: This study confirmed the negative impact of heavy metal contamination on Enhalus acoroides in Kayeli Bay due to illegal gold mining activities. High concentrations of heavy metals, especially Hg, in seaweed organs indicate potential risks to marine ecosystem health and the sustainability of fisheries resources. These findings emphasize the need for stricter environmental monitoring and management to protect this important marine habitat from heavy metal pollution.

Международный опыт применения управленческих технологий в системе государственного управления

This article examines the impact of innovation on public administration and planning in the context of comparative analysis. The author emphasizes key aspects such as the development of digital technologies, ensuring the availability of information, increasing citizen participation and protecting data privacy. The main focus is on analytics to ensure public safety, counter insider threats, human resource management and urban infrastructure development. Methods for utilizing Big Data and artificial intelligence in public administration are presented, along with outcomes from governmental projects based on Big Data. It is noted that the collection and analysis of vast amounts of statistical information allows authorities to develop targeted support programs for specific social groups, optimize urban infrastructure and transport, and improve public safety by identifying financial crimes and illegal activities. Furthermore, the introduction of big data technologies can bring the quality of public services to a new level and make the political decision-making process more transparent and citizen-centric.

Egyes közlekedési szabályszegésekre vonatkozó közigazgatási bírságolási kérdések

Aim: The law of misdemeanours, which emerged in the mid-1950s, embodied the legal policy will that administrative substantive offences should be dealt with by means of misdemeanour proceedings. The legal policy objective was not fulfilled, and the institution of administrative fines was 'spawned' by the impetus of the social laws in question as the law of administrative offences developed. Since the beginning of the 21st century, this has been spreading - according to the legislator's unknown intentions - and has typically developed in the direction of objective sanctions. Perhaps most strikingly in traffic regulation. The aim of this paper is to illustrate some of the specific features of administrative fines, limited to traffic rules. Among the administrative sanctions, the author examines those which are applied by the fining authorities for infringements of road traffic rules. The author tries to justify the need to modify the grounds for exemption in the substantive law as it stands, on the one hand, and the regulation of on-the-spot fines, on the other. Methodology: According to the author, the objective can be achieved if the will to codify embraces the objectives set out above. To this end, the methodology of the study is based on an analysis of the relevant legal norm, from which valid deductive assertions are made. Findings: The infringements transferred from the law of misdemeanours to the law on administrative fines require further codification. Value: The study could help to improve the legal framework for dealing with administrative substantive offences.

Cryptoeconomics: Financial Market Security Aspects and Implications for Managerial Accounting

"The development of modern information technologies and the processes of globalization are key factors for the emergence and spread of virtual currency. The legal status of cryptocurrency is still uncertain. It is considered both as a modern means of payment and as a speculative tool for illegal activities. However, despite such diametrically opposed interpretations, the fact that economic realities are constantly changing is unconditional. The IFRS reporting system is no exception, which should adapt to new challenges in a timely manner and take into account the need to disclose information about new progressive elements as much as possible. The article aims to analyze the economic and financial essence of cryptocurrencies, assess the phenomenon of the crypto economy and its impact on the financial market and monetary policy, as well as to outline appropriate implications for the corporate level – namely, for management accounting. The methodology is based on a theoretical analysis of cryptographic protocols and tools for investment and macroeconomic analysis, some approaches of economic theory. It is shown that although today cryptocurrency is a speculative, high-risk instrument, cryptoeconomics is increasingly integrating into the global financial market, while the potential risks of this process still outweigh its benefits. Accordingly, at the micro-level, management accountants must understand the related risks and be able to explain the implications to the management team and the board of directors. The originality of research consists of an attempt to combine the analysis of macro- and micro-implications of emerging crypto economics based on an economic theory foundation."

A Bargaining Theory of Criminal War

Abstract Criminal war is a leading cause of death around the world. We argue for the inclusion of this topic in security studies and adapt a bargaining framework to shed light on why criminal groups fight or agree to peace. We propose that shocks to relative coercive capacity cause criminal war. This escalation in violent conflict proves more likely when criminal groups face greater difficulty negotiating: when they are more factionalized, less rooted in their territory, and in strategic rivalry with a greater number of rivals. Our empirical strategy leverages a critical, policy-relevant shock to access to weapons following an arms control repeal, and novel city block-level, monthly data on criminal organization traits, turf, and violence over ten years to understand how changes in coercive inputs upset the existing balance of power among criminal groups and shaped patterns of war and truce.

Digital forensics in the context of digitalisation of modern society

The author substantiates the relevance of digital forensics in the context of digitalisation of modern society, notes the active use of digital technologies in solving various types of illegal activities in the field of computer information, and defines the concepts of “digital trace” and “digital forensics”. The author emphasises the need to develop new knowledge and developments in forensic techniques, standards and principles for evaluating and verifying collected evidence (digital traces), to carry out mandatory standardisation when working with digital information, and to consider and develop appropriate methodology for training specialists in the field of digital forensics. Attention is focused on ethical, legal and privacy issues related to the collection and use of digital data during an investigation, confidentiality and protection of personal information of persons not involved in a criminal offence, compliance of the collection and use of digital data during an investigation with certain legal norms and standards (obtaining court orders for evidence collection, requirements for information storage, observance of the rights and freedoms of persons under investigation), ensuring an appropriate level of protection, storage and transmission of personal information and restricting access to it only on certain grounds. The role of forensics in improving and increasing the effectiveness of the fight against modern crime, including war and cybercrime, through the active use of digital technologies is emphasised.

Cryptocurrency Crimes: A systematic Review on Illicit activities using cryptocurrency (Bitcoin) and challenges for Law Enforcement Agencies

Bitcoin is the most successful cryptocurrency with the highest market capitalization of up to 53%. Due to its pseudonymous mechanism, bitcoin is being utilized in a variety of illicit activities. It is noticed, around US$72 billions of unlawful activities per year involve Bitcoin. In this study, systematic literature review is conducted on the illicit use of bitcoin, and the measures required to counter the illicit activities using Bitcon. In this work, authors have managed to select 45 research articles published during 2018-2022. The synthesis of selected articles revealed that bitcoin is proliferating in darknet markets. It is used to make payments for criminal activities such as drug trafficking, money laundering, human trafficking, pornography, ransomware, and other criminal activities like contract killers, Ponzi schemes, and terrorism financing. By the findings from this study, out of45 research articles 24.4% articles claim that bitcoin has been used in drug trafficking whereas 17.7% believe that people use bitcoin for money laundering. Moreover, Blockchain identity flexibility, dissociative anonymity, and a lack of deterrence encourage users to perform illegal activities. At present, the research community is actively involved in proposing and designing innovative approaches tocounter the illicit use of bitcoin. However, these solutions are unable to stop the misuse of bitcoin.

Assessment of treatment retention rates and predictors of retention on opioid agonist treatment among adolescents.

Opioid agonist treatment (OAT) is an effective treatment for opioid dependence syndrome in adults. However, studies on effectiveness of OAT in adolescents are limited; existing studies show varying retention rates. The present study aimed to assess OAT retention rates in adolescent patients with opioid dependence syndrome registered in a community drug treatment clinic in Delhi, India, and to analyse factors associated with retention at 1 year. Retrospective cohort study. All adolescents (n = 130) aged 10-19 years, started on OAT from January 2020 to July 2022 were included. Baseline and follow-up data was extracted from online record system maintained at the clinic. OAT retention rates at different timepoints were assessed. Multivariable logistic regression was used to discern factors associated with one-year retention. The participants' mean age was 16.9 (SD 1.4) years. Mean age of starting opioids was 14.9 (SD 2.2) years; 29.5% (n = 38) injected opioids. The 6-, 12-, 18- and 24-month retention rate on OAT was 64.4%, 45.6%, 38.7% and 29% respectively. The retention rates with buprenorphine and methadone were comparable. Multivariate logistic regression showed retention for less than 12 months to be significantly associated with younger age of starting heroin, involvement in illegal activities, absenteeism from school and substance use in family. The 12-month retention rates on OAT in adolescents is comparable to retention rates in adults. Various factors associated with early age of onset of opioid use are also associated with lower retention rates on OAT.

Geographical profiling of wood samples via ATR-FTIR spectroscopy and machine learning algorithms: Application in wood forensics

Illegal activities associated with deforestation for the lumber and furniture industries pose significant threats to plant and animal biodiversity, as well as natural resources. Accurate identification of wood sources is vital, yet traditional laboratory techniques often fall short in precisely determining the chemical composition of samples for classification. This study aims to leverage ATR-FTIR spectroscopy alongside machine learning algorithms to construct a robust model for discerning the geographical origins of wood samples from India. By systematically comparing various machine learning classifiers, we address the limitations of subjective visual interpretation and evaluate their accuracy using wood spectral data. Logistic regression emerges as the most effective classifier for distinguishing Eucalyptus (75 % accuracy), Dalbergia (68 % accuracy), and Populus (81.5 % accuracy) species. Through a methodology encompassing data pre-processing, classifier selection, and performance evaluation, this research offers promising tools for combating challenges posed by illegal wood trafficking and transportation. The outcomes hold significant potential for enhancing wildlife crime prevention efforts by facilitating the tracing illicit timber sources, apprehension of perpetrators, and implementation of preventive measures.

Analysis Model of Knowledge, Social Demographics, and Social Environment on Drug Abuse: A Case Study in Swamp Areas

In Indonesia, various geographical and demographic factors have been exploited by drug abusers to facilitate their illegal activities more easily and safely. Geographic diversity, such as numerous islands, remote coastal villages, meandering rivers, and protected forests, creates conditions conducive to drug abuse. Swamp areas often face their own challenges, including limited accessibility and complex socio-economic issues. This study aims to analyze how knowledge, social demographics, and social environment influence drug abuse. The sample in this research consists of all detainees or drug abusers in Palembang City, Indonesia. Palembang City is located along the Musi River in the form of extensive swamp areas. A total of 100 individuals were selected as samples through incidental sampling techniques. This study used a questionnaire consisting of knowledge and social environment variables, which were then analyzed using logistic regression models. The collected data include histories of drug abuse, knowledge, age, gender, occupation, education, ethnicity, income, marital status, social environment, and swamp areas characteristics. Having an unstable job, negative social environment, low education, income, and knowledge, as well as living in swamp areas, can increase drug abuse. The combination of these factors increases the individual's risk of involvement in drug abuse.

CPPA-RORS: A conditional privacy-preserving authentication scheme based on revocable one-time ring signature for VANETs

Vehicular ad-hoc networks (VANETs) are a wireless communication system designed to improve driving safety and traffic management, with a focus on enhancing road traffic efficiency and safety. Privacy protection is one of the crucial security challenges for VANETs. However, considering the high mobility of vehicles that frequently transmit delay-intolerant safety and informative messages, two problems exist in some ring signature-based conditional privacy-preserving authentication (CPPA) schemes for VANETs: first, vehicles cannot detect the malicious vehicles when a malicious vehicle signs a message multiple times; and second, the TAs cannot reveal vehicles’ identities when some vehicles engage in illegal activities. To address these concerns, we propose a CPPA scheme based on revocable one-time ring signature (CPPA-RORS) scheme, leveraging the properties of ring signatures. The scheme ensures anonymity of the honest vehicles while providing TAs with the ability to reveal malicious vehicles at any time. We allow one vehicle only can sign one signature on one message, called one-time, to safeguard vehicle privacy with high security. CPPA-RORS scheme provides the formal security model for VANETs, and in particular simultaneously offers message-linkability and mandatory revocability, effectively preventing the double-spending attack (Shrestha et al. 2020) and enabling TAs to revoke the anonymity of any vehicle at any time for further enhancing the security and trustworthiness of the networks. Theoretical analysis and experimental results show that CPPA-RORS provides robust security measures and privacy for vehicles in VANETs.

How do we understand online harms? The impact of conceptual divides on regulatory divergence between the Online Safety Act and Digital Services Act

ABSTRACT The Online Safety Act and Digital Services Act constitute two approaches to the co-regulation of platforms based on an approach based in mitigating harm. In both instances, policy makers have framed these new legislative initiatives as world-leading. However, how ‘harm’ is understood is significantly different in both regimes, with both conceptual and practical effects. This article explores how distinct understandings of harm can serve as a basis for increased regulatory divergence between the UK and EU. While the UK considers harm in a narrow sense of the physical and psychological harms to individuals resulting from specific illegal activities, the EU considers it broadly, conceived as both harm to individuals and harms to society, with a consideration of harm as the result of systems rather than individual behaviours. This difference in understandings results in significantly different approaches to co-regulation, impacting upon the potential for cooperation, sharing of expertise, and cross-border activity.

Special Rules of the Special Part of the Russian Criminal Code on Participation in the Activities of Organizations Registered in the Russian Federation or other Jurisdictions (Art. 239 of the RF CC)

The Russian legislator does not have a systematic approach to criminalizing the creation of groups of a certain orientation, their leadership and participation in such groups. At first glance, a variety of norms containing a ban on the commission of such acts are the norms of the Criminal Code of the Russian Federation, enshrined in the Part. 1-3 tbsp. 239 of the Criminal Code of the Russian Federation. These norms prohibit the creation of associations or organizations, their management and participation in them. This prohibition is due to the nature of the activities of the relevant association or organization. The problem is that we are talking about associations or organizations that have legal status in the Russian Federation, and the activities of the leaders or participants of such organizations, which are prohibited by the Criminal Code of the Russian Federation, go beyond the scope determined by their legal status. Thus, a participant or head of a legally existing organization can carry out illegal activities under the guise of such an organization without complicity with anyone, and, consequently, the norms of Art. 239 of the Criminal Code of the Russian Federation cannot be classified as special norms of the Special Part on criminal associations, since the presence of a criminal association when committing these crimes is an optional circumstance.

On the necessity to improve criminal legal counteraction to the creation and activity of dual-use biolaborations

The article deals with the topic of assessing the activities of dualuse biolaboratories and improving the criminal-legal counteraction to their negative impact. The author justifies the relevance of this topic by the growing scale of illegal activities of the United States in the field of dual-use biological research and their active expansion in the territory of the states bordering the Russian Federation.The author analyzes the general concept and characteristic features of dualuse bio-laboratories. The article emphasizes the importance of developing an effective legal framework to regulate the activities of such bio-laboratories, as well as norms establishing liability for violations committed during their establishment or organization of their activities. The article substantiates the necessity of adopting criminal-legal norms aimed at ensuring biological safety of the population and preventing the possibility of committing illegal actions when conducting biological research.In addition, the expediency of reforming the criminal legislation of the Russian Federation and making the necessary additions to the current version of Article 355 of the Criminal Code of the Russian Federation for the effective protection of biological safety is substantiated.

Smuggling in the Grand Duchy of Lithuania–kingdom of Prussia borderland at the end of the eighteenth century: the case of Palanga customs

ABSTRACT Using a surviving set of monthly confiscation reports covering the period between August 1793 and March 1794 (23 cases in total), this article examines smuggling in the territory subordinated to the Palanga customs on the Lithuanian-Prussian border. The article aims to reveal the patterns of smugglers’ behavior, the characteristics of individuals involved in contraband, as well as the state’s response to these illegal economic activities. In addition to other more context-specific conclusions, the research reveals how even a small corpus of data can allow us to analyze the phenomenon of smuggling from a qualitative perspective.

Complicity in a Minor Act and Minor Complicity in Crime

The article notes that the criminal legal assessment of complicity in a crime from the point of view of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation presupposes the solution of two interrelated tasks: 1) assessment of the social danger of the act itself, which was the result of the joint efforts of co-participants, i.e. actions (act of inaction) of the performer (co-executors); 2) assessment of the public danger of the participation of a particular person in the commission of this act. Thus, the projection of Part 2 of Art. 14 of the Criminal Code of the Russian Federation for an act committed in complicity, multiplies (at least doubles) the subject of criminal legal assessment.Complicity is traditionally considered a circumstance that increases the degree of public danger of an act. However, the fact of committing a criminal act in complicity does not in itself prevent the application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Firstly, the influence of this circumstance on the degree of social danger of the act is not so clear, since in some cases complicity can even reduce the social danger of the act (an example would be criminal acts committed under the influence of mental coercion or as a result of the involvement of a minor into illegal activities). And secondly, even in a typical situation when complicity increases the social danger of an act, this influence can be completely offset by circumstances that reduce the social danger of the act to an insignificant level. Specifics of application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation to an act committed by the joint efforts of several persons is that the issue of insignificance should be considered in relation to each such person individually, taking into account his role in the unlawful act committed, his personal criminal “contribution”, the amount of guilt, personal motives and goals.

New mixed inhomogeneous phase in vortical gluon plasma: First-principle results from rotating SU(3) lattice gauge theory

Using first-principle numerical simulations, we find a new spatially inhomogeneous phase in rigidly rotating Nc=3 gluon plasma. This mixed phase simultaneously possesses both confining and deconfining phases in thermal equilibrium. Unexpectedly, the local critical temperature of the phase transition at the rotation axis does not depend on the angular frequency within a few percent accuracy. Even more surprisingly, an analytic continuation of our results to the domain of real angular frequencies indicates a profound breaking of the Tolman-Ehrenfest law in the vicinity of the phase transition, with the confining (deconfining) phase appearing far (near) the rotation axis.