Unlawful Behavior Research Articles

APPLICATION OF K-MEANS++ WITH DUNN INDEX VALIDATION OF GROUPING WEST KALIMANTAN REGION BASED ON CRIME VULNERABILITY

Crime is an unlawful behavior that will be given a punishment or sanctions based on Kitab Undang-Undang Hukum Pidana (KUHP) or other regulations in Indonesia. One of the provinces in Indonesia, namely West Kalimantan reported that criminal cases are increasing in 2021 and 2022. One of the solutions to minimize that case is grouping the district and city in West Kalimantan based on the level of vulnerability so the authority can be more responsive in solving these problems. The grouping can be done by cluster analysis. This analysis aims to group some objects based on the similarity of characteristics. K-Means++ is one of the methods of cluster analysis. K-Means++ is the development of K-Means, in which K-Means++ is smarter than K-Means in selecting the initial centroid because only one initial centroid is chosen randomly, and the initial centroids of the other clusters are done through calculations. This research uses secondary data from BPS of West Kalimantan, consisting of 10 variables. This research aims to form clusters to determine the level of vulnerability of each district and city in West Kalimantan. The selection of the optimal cluster is done by evaluating the cluster. One of these evaluations is the Dunn Index. Based on the analysis results, the optimum number of clusters is with a Dunn Index value of 0.55. The first cluster is categorized as non-vulnerable with ten members, the second cluster as vulnerable with three members, and the third cluster as very vulnerable with one member.

The Internal and External Factors in Prevention of Procurement Fraud in Goods and Services Based on E-Procurement

The process of goods and services procurement within the government environment still has vulnerabilities to fraud, which necessitates proper handling. This study aims to identify the factors that can influence efforts to prevent fraud in the procurement of goods and services using an e-procurement system. The data for this research was obtained through the distribution of questionnaires to employees at the Procurement Services Unit (ULP) and the Regional Financial and Asset Management Agency (BPKAD) Office of Dompu Regency. The sampling method used in this study is purposive sampling. Furthermore, the research data were tested using multiple regression analysis. This study demonstrates that the variables of technology utilization, e-procurement, internal control systems, organizational culture, employee ethics, and religiosity can influence the prevention of fraud in the procurement of goods and services. The research findings can serve as a reference for evaluating the use of information technology through e-procurement and the application of internal control systems for optimal results. Additionally, it is important to consider human resources, specifically employees, in maintaining organizational culture, good ethics, and religious values as a foundation for actions in the workplace to avoid various deviant or unlawful behaviors.

The International Law Dilemma of Autonomous Weapon System

This paper aims to highlight the potential for serious humanitarian disasters caused by the rapid development of autonomous weapons systems, as they are currently unable to fully grasp the ability to analyze their targets and clearly distinguish between combatants and military targets due to current technological limitations. There is also controversy over whether autonomous weapons systems are combatants, and there is a certain degree of regulatory deficiencies in the field of international law. Existing international treaties are unable to perfectly regulate autonomous weapons systems and punish unlawful behavior. The paper mainly uses the method of analyzing specific problems based on legal principles and draws conclusions by referring to some cases. The conclusion of this paper is that the international community needs to establish a new, targeted international legal treaty, establish a more reasonable and realistic international soft law, establish and improve a broader international exchange system, and encourage countries to work together to solve this problem.

Cyber Security Threats to Iran and its Countermeasures: Defensive and Offensive Cyber Strategies

Iran's convoluted geopolitical status, its centrality to locale-specific wars, plus the shifting balance of the global order make cyber security a key issue worldwide in addition to traditional security challenges. Iran is an appealing target for cyber enemies due to its numerous security vulnerabilities, which include ransomware infection, scams, as well as complicated malware. Iran has taken a flexible stance, via collaboration, authorized, and intellectual tactics to counter these concerns. Forming cyber security teams, utilizing the latest innovations, and hiring competent employees are all examples of efforts in cyber defense. Legislative structures are essential for bringing criminals before the law and discouraging unlawful behaviour, but the dynamic nature of cyber threats makes it difficult to update rules. The goal is to keep information security and safety measures under check. The identification and mitigation of cyber dangers necessitate collaboration with various nations, global organizations, and corporations. Iran's cyberspace involvement shapes societal sentiment and upholds the will of the people, with both advantageous and hazardous repercussions. To bolster its application and balance its powerful adversaries, it employs cyber assaults in conjunction with conventional asymmetrical combat strategies. What is Iran's main cyber security concerns and challenges, and how is Iran addressing as well as tackling them, is the question that this study aims to answer.

Reimbursement or compensation for damages caused by war: the civil law aspect

The article is devoted to the study of the correlation between the concepts of reimbursement and compensation for damages, including during the war. The author highlights the issue of distinguishing between the concepts of reimbursement and compensation as synonymous categories. It is determined that the term “compensation” is broader in scope and includes the narrower term “reimbursement”, as well as additional features – remuneration or payments. It is proposed to change the use of the established phrase “reimbursement of moral damage” to “compensation for moral damage” due to the impossibility of accurate determination of the amount of reimbursement due to the non-property component and the need to compensate a person for a certain amount of compensation for suffering, especially in wartime. It is established that the categories of “damage” and “losses” are not identical. The characteristic features of both concepts are analysed. Losses are defined as material losses which should be determined in monetary terms. Damage is a broader concept and is considered to be the negative consequences of unlawful behaviour towards a certain entity in connection with the violation of its rights. Damage can be tangible or intangible, which is not inherent in losses. It is proved that damage and losses are interrelated, i.e. damage may include losses, but only in respect of property damage. It is emphasised that losses are defined as losses due to damage or destruction of property or losses which a person could have suffered. It is determined that the definition of “non-pecuniary damage” contains a reference to the fact that it is also disclosed as losses of a non-property nature. The article analyses and notes that losses are deprivation of a person of a certain benefit. Non-pecuniary damage is inflicted on a person in non-property terms and cannot be considered losses. The particularities of reimbursement of damage caused by war are considered. The article establishes the absence of a single mechanism for reimbursement of damages caused by violation of their rights as a result of armed aggression. The need and possibility of reimbursement, in addition to property damage, of moral damage caused by war is revealed. It is emphasised that today the State, either independently or with the involvement of international partners, provides compensation to victims of war.

СТИМУЛЮВАННЯ ПРАВОСЛУХНЯНОЇ ПОВЕДІНКИ ЗАСУДЖЕНИХ ЯК ПРІОРИТЕТНИЙ ВЕКТОР РОЗВИТКУ ДЕРЖАВНОЇ ПОЛІТИКИ У СФЕРІ ВИКОНАННЯ КРИМІНАЛЬНИХ ПОКАРАНЬ ТА ПРОБАЦЇ

The article reveals the theoretical and applied foundations, essence and content of stimulating law-abiding behaviour of convicts. In particular, it is noted that every convict is a human being, has inalienable natural rights and human dignity, and his/her personality is formed in the society where he/she received genetic information, where he/she has violated the law, and where the offender’s unlawful behaviour and crime in general are determined, therefore it is the duty of civil society and the State to help him/her to form law-abiding behaviour. The article argues that the development of the State policy in the field of execution of criminal sentences and probation by optimising the incentives for law-abiding behaviour of convicts is in line with the current progressive trends in legal understanding and legal culture, which are reflected in the documents of the United Nations, the Council of Europe, the case law of the European Court of Human Rights and the legislation of the most effective penitentiary policies in Europe, which emphasize the need to assist in developing the motives for law-abiding behaviour and to help in the development of the The article determines that negative trends in the current realities of crime and the execution of sentences, in particular, the absence of trends in reducing the number of prisoners and the number of prisoners per 100,000 population, as well as disappointing recidivism rates inherent in many European countries and the United States of America, determine the development of the state policy in the field of execution of criminal sentences and probation by optimising the incentives for law-abiding behaviour of convicts. As an example, the author analyses the dynamics of crime and the number of prisoners in the Kingdom of Sweden for 2000-2023. The article also highlights the financial and economic feasibility of the presented concept. Key words: stimulation of law-abiding behaviour of convicts, state policy in the field of execution of criminal sentences and probation, penitentiary system, rehabilitation, reintegration, correction, convicts, prisoners, crime, recidivism.

Klasterisasi Daerah Rawan Kriminalitas di Sulawesi Tenggara Menggunakan Metode K-Means Clustering

Crime is anything that relates to unlawful behavior. In every society, the presence of crime affects social dynamics, levels of security, and general well-being. Southeast Sulawesi in the midst of its diversity is facing a significant increase in crime, this is evident from the 3,000 cases that have been reported. The purpose of this research is to categorize crime-prone areas in Southeast Sulawesi using the K-Means Clustering method. K-Means is a research data analysis method or a data mining method that will carry out modeling without supervision (unsupervised). The data from this research was taken from the sultra.bps.go.id web page. The data taken in the form of data on the number of crimes and the percentage of crime victims in the regions of Southeast Sulawesi. The results of this study obtained 3 clusters of crime-prone areas in Southeast Sulawesi. The clustering evaluation results if calculated by the Daviees Bouilden Index method is as much as 0.5904 index.

The right to legitimate harm as a natural human right: reflections on the legal nature of circumstances that exclude the criminal wrongfulness of an act

In the article, the right of a person to harm law enforcement interests in the presence of the actual composition of circumstances that exclude the criminal wrongfulness of an act is considered as a natural human right. A person, in the event of damage to law-enforcement interests, realizes the legitimacy of such natural rights as the right to happiness, the right to life, the right to health, the right to honor and dignity. Universal in this case is the right to happiness (personal and/or social), which can be pursued by a person in the event of harm in the presence of any circumstance that excludes the criminal wrongfulness of the act. The right to harm law enforcement interests in the presence of circumstances in the actions of a person that exclude the criminal wrongfulness of an act is realized through the possibilities of natural human rights, and the powers themselves derive from natural law. Given the methodological approach of social naturalism, the unlawful behavior of a sociopathic person, which is characterized by a complex of arbitrariness and illusions, causes the emergence of a state of one of the circumstances that excludes the criminal wrongfulness of the act, is a kind of trigger mechanism for the reverse reaction of the person to whom such unlawful behavior is addressed. In view of the fact that in this way the protection of natural human rights takes place, and the behavior itself meets the requirements put forward by the legislator to some of the circumstances that exclude the criminal wrongfulness of the act, the consciousness and will of a person who harms law-enforcement interests are not in a state of anomie, such a person lacks a complex of arbitrariness and illusions, and the person himself is not sociopathic. In the case of an excess in the defense of their natural rights, when there is a damage that clearly does not correspond to the danger that threatens this person, consciousness and will are struck by a complex of arbitrariness and illusions, and for such unlawful actions a sociopathic person is brought to criminal responsibility.

Специфические признаки потенциального вовлечения сотрудников уголовно-исполнительной системы Российской Федерации в преступления коррупционной направленности

<p style="text-align: justify;">The content of the article consists of the results of the theoretical analysis of scientific research, the authors of which focus on the problem of identifying signs of the involvement of law enforcement officers in corruption crimes and the practices of interaction with former law enforcement officers convicted of corruption crimes. The paper identifies groups of causes of corrupt behavior, through the prism of which the specific features of the professional activities of law enforcement officers and, in more detail, employees of the penitentiary system, contributing to such unlawful behavior, are analyzed. It is also noted that there is a similarity of former employees (corrupt criminals) in terms of destructive deviations with former employees of the penitentiary system convicted of common crimes. The authors pay special attention to such a personal quality as empathy. The article substantiates the need to consider empathy in the context of other personality traits as one of the signs indicating the presence of risks of corrupt behavior.</p>

FROM THE CONCEPT OF THE DRAFT POLICE CHARTER OF THE RUSSIAN EMPIRE TO ITS STRUCTURE AND CONTENT: VIEWS OF MEMBERS OF THE COMMISSION OF SENATOR A.A. MAKAROV (1906-1917). PART 5. RESPONSIBILITIES OF THE POLICE OF THE RUSSIAN EMPIRE TO MAINTAIN IMPROVEMENT AND ORDER IN PUBLIC PLACES (STREETS, SQUARES, BOULEVARDS, EMBANKMENTS, BRIDGES, CANALS, HIGHWAYS AND WATERWAYS)

The complex of responsibilities assigned to the police by the norms of the fourth section of the draft Police Charter is considered. These responsibilities are related, on the one hand, to monitoring the improvement of streets, squares, boulevards, embankments, piers, as well as other components of the infrastructure of the population, and, on the other hand, to ensuring the personal safety of the population and maintaining public order in crowded places. Prevention of unreasonable noise, singing, shouting, rioting, any unauthorized acts aimed at violence and causing disturbance on the streets, squares or other public places, or at least outside these places, but in violation of public order and tranquility. The measures taken by the police in relation to direct traffic participants and vehicle owners are highlighted. Separately, such areas of police activity are designated as ensuring a healthy lifestyle for citizens: preventing drunkenness; confiscation of mentally ill persons and persons who are intoxicated in public places; suppression of the use of obscene words and expressions, attempts to abuse domestic animals. Separately, the author highlights purely police means of establishing proper order in public places, including dispersing unruly crowds and attracting troops. The responsibilities of the police of the Russian Empire to prevent beggary, loitering, measures taken to prevent these offenses, as well as to suppress the unlawful behavior of gypsies (arrangement of tents, tents, leading a nomadic lifestyle) are given.

Медіація як альтернативний метод вирішення конфліктів у кримінальних справах: світовий огляд

The article discusses mediation as one of the forms of restorative justice. Mediation is a modern way of responding to unlawful behavior without resorting to court. This approach promotes a balance of interests between society, the victim, and the offender. It is noted that mediation in criminal proceedings has a positive aspect associated with reducing the judicial workload, reducing the costs of maintaining convicted individuals. The main goal of using mediation during criminal proceedings is to facilitate dialogue between the victim and the suspect/accused, rehabilitation of the offender, awakening a sense of responsibility in the offender, and providing them with an opportunity to rectify the situation and compensate for the harm caused, with the possibility of further reintegration and rehabilitation. It is stated that in Ukraine, mediation has become increasingly popular and relevant as an alternative to judicial processes in resolving various conflicts. It is emphasized that the lack of proper understanding of the effectiveness and potential of mediation among law enforcement agencies, legal professionals, and the public can be a significant obstacle to the implementation of this conflict resolution method in criminal cases. In addition, special attention is given to the experience of foreign countries, and examples of successful implementation of mediation procedures in criminal cases in Norway, Italy, the United States, and Sweden are analyzed. This indicates that international mediation standards serve as an important tool for resolving legal disputes and conflicts outside the judicial system. The conclusion is drawn that mediation as an alternative method of conflict resolution in criminal cases is an effective and promising approach that takes into account the interests of all parties involved, promotes the restoration of harmony in society, and reduces the burden on the judicial system. The widespread implementation of mediation in different countries confirms its success and importance in modern justice. However, to achieve full success, it is necessary to actively promote this method, ensure compliance of legislation with the requirements of mediation, increase public awareness, and enhance the professionalism of mediators. Mediation can play a crucial role in building a just society where conflicts are resolved through dialogue, understanding, and cooperation.

On the legal response to the consequences of personal behavior in virtual space

The article deals with a new phenomenon for the legal science the legal response to the consequences of human behavior in the virtual space.The subject of the research is the relations arising in the process of such response.The aim of the study is to analyze the legal response to the consequences of personal behavior in virtual space, including in the Russian Federation.The methodological basis of the study are logical and systematic methods of scientific knowledge, as well as methods of analysis and synthesis of legal phenomenaForeign and domestic experience of legal response to the consequences of human behavior in virtual space is studied.The peculiarities of legal response from the point of view of consequences for the person for malicious actions in virtual space, connected with leaving a digital footprint, are analyzed. Particular attention is paid to such characteristic of virtual space as the possibility of using its properties to implement the interest of the user, as well as consideration of virtual space through the prism of legal construction and digital sovereignty. It is stated that the legal construction, characterizing the essence of legal response to the consequences of behavior of an individual in the virtual space, should have the following meaning – "if there are harmful actions associated with the use of virtual space, it is necessary to provide a form of legal response, neutralizing such actions, otherwise the network functioning and use of electronic information resources will be accompanied by socially dangerous manifestations". At the same time the legal response to the relevant relations is considered through the prism of law enforcement results – conclusions are made about the peculiarities of such a response. Attention is focused on the peculiarities of legal response to the consequences of actions of an individual in virtual space in Russia and in China. It is noted that at the national level there is currently no universal model of legal response mechanism to the consequences of a person's actions in virtual space. It is concluded that this problem has a multidimensional nature, which is largely determined by the level of legal awareness of network users. Particular attention is paid to the need to use the potential of techniques and methods of special legal, social and psychological mechanism of law, which are considered to be an important factor in the development of law enforcement practice. The research shows that unlawful behavior in the virtual environment is closely related to various types of deviant behavior related to the use of Internet, which from the category of violating non-legal social norms (primarily, morality and ethics) turns into unlawful behavior, as it violates the requirements of law. Attention is drawn to the fact that at the national level there is currently no universal model of legal response to the consequences of human behavior in virtual space – each state goes its own way, the legal impact is often exposed to those relations which are recognized as the most important and relevant at the moment. Such a response, as a rule, is situational, often pursuing several goals (political, economic, ideological). Further study of the problem involves the need to develop a system of theoretical ideas about the forms of legal responsibility for the negative consequences of behavior in such a space.

Legal education of minors

The article is devoted to the philosophical and legal problems of the value aspects of the legal behavior of minors, which involves a constant influence on a person with the aim of forming a legal culture and active lawful behavior.
 It was found that legal education occupies a central place in the formation of a law-abiding citizen who not only does not violate the legal norms of society, but also strives to preserve the harmony of the natural-legal space and the state-legal field based on the norms of natural and positive law.
 It was emphasized that today the realities of war have shown Ukrainians the importance of national- patriotic education of youth. No less important is the education of the young generation in respect for the law and the state, but this process should not take place chaotically, but at the level of introducing innovations in the educational space, a system of national-patriotic and legal education should be implemented. The loss of value-legal connections and landmarks during the war is a problematic aspect in the process of legal education of minors, as it can lead to the deformation of legal consciousness and the formation of deviant behavior of young people.
 Children must understand what state they live in, what rights and responsibilities are, what is the difference between lawful and unlawful behavior, and what sanctions the state can apply to citizens, even minors, for violating the rules of law and the law. It is important to involve specialists in this process, namely: representatives of juvenile prevention units, psychologists, and social workers.
 Attention is focused on the need for legal education of children from among internally displaced persons during the period of adaptation in a new place of residence, with the aim of legitimate socialization.
 It is noted that the legal status of the child is guaranteed and protected at the international and national level. The child has rights, but it is necessary to teach the child to use his rights, to teach in accordance with his age, his mental and psychological characteristics. Particular attention has always been paid to the peculiarities of legal education in Ukraine. As for minors, starting with the family, preschool institutions, schools and ending with institutions of higher education (primary courses), children received an idea and understanding of what the norms of behavior are, what morality and law are.

A Legal Protection Model For Handling Human Trafficking in West Kalimantan Border

<em>Although it is a highly serious human crime, people trafficking still occurs, particularly in West Kalimantan's border region. West Kalimantan's border region has seen a variety of attempts to reduce human trafficking, yet the practice persists still. There is a need for a solution or model that can lessen instances of human trafficking in the West Kalimantan border region, carried out so that the parties involved are unaware of it.This study aims to develop an appropriate model for legal protection to deal with human trafficking at the border West Kalimantan. Methods of the Research<strong>, </strong>The research will be conducted at the Polres in the Sajingan and Biawak border regions, as stated in the research title. The Sajingan Besar sector's Resort Police and Border Communities are two sources of crime prevention strategies based on legal requirements, The study's findings serve as a model for public protection from human trafficking activities from the perspective of the role of law enforcement officials, the police in the border regions of Sajingan and Biawak, in particular, to combat the crime of trafficking in persons, conduct investigations, and look into cases of human trafficking that happened in the border regions of Sambas Regency, particularly Sajin. The criminal law (penal) is used by the authorities as a model of legal protection to stop human trafficking. However, there is still human trafficking that takes place. Because there are still several barriers to sentencing that do not take into account the elements of a crime. The unlawful behavior in place does not yet constitute the TIP factor. Using criminal law policies and cultural norms to carry out criminal crimes like human trafficking, protecting the public, and implementing coordination with illegal law enforcement policies all help to enhance efforts to combat corruption</em>

Корпоративные преступления в уголовном законодательстве КНР

As the market economy develops, some countries, in particular the People's Republic of China, have criminalized legal entities for corporate crimes, which are crimes committed for and/or on behalf of organizations. This paper deals with the theoretical and practical aspects of corporate crime, compares the concepts of corporate crime in Western and Eastern criminal law doctrines, presents a typology of corporate crimes in China, and analyzes the methods of combating corporate crime in the PRC. In the era of global capitalism and advanced technology, including e-commerce, we can expect a further rise in corporate crime. Corporate crime is also strongly correlated (but not equated) with other types of crime, in particular white-collar, economic, and organized crime. At the present stage, the key element in combating corporate crime in China is the improvement of legislation aimed at preventing intra-company crime and developing compliance programs to reduce the risks of unlawful behavior among employees and managers. Although the Russian legislation lacks criminal liability for legal entities, the experience of preventing and combating corporate crime in the PRC can and should be used to prevent unlawful behavior of legal entities in Russia.

Uvođenje kamera za uniformu u policijski rad - stvarna potreba ili iznuđeno rešenje

In the last ten years, police organizations in the USA and Europe have started to implement body worn cameras. The main purpose and goal of the implementation of these cameras is aimed at preventing unlawful and unprofessional actions and behavior of police officers and socially undesirable behavior of citizens. Miniature cameras on the body of police officers should deter police officers and citizens from committing illegal and socially unacceptable actions and procedures towards each other. Police organizations try to use body worn cameras to achieve the abovementioned goals as a substitute for other means of correcting unwanted behaviors, primarily training and education of police officers. This paper analyzes the reasons for the implementation of body worn cameras in the police organizations across the USA and in some European countries in order to reach a conclusion about the justification and the possibility to achieve complex and responsible goals only with the help of cameras.

Monitoring and protection method as elements of a mechanism for ensuring environmental safety in the context of sustainable development

The article discusses the monitoring method and the protection method as elements of a mechanism for ensuring environmental safety in conditions of sustainable development. The purpose of the study is to substantiate the need to form a mechanism that ensures environmental safety in conditions of sustainability, combining a diagnostic method and a protection method, which is universal in nature and capable of promptly responding to environmental violations in the context of changing social relations. The effectiveness of the methods used is associated with diagnostics of the state of the environment, carried out through monitoring. The method of protection includes restoration of broken environmental relations in cases of real damage to natural benefits, by filing claims for compensation for environmental damage and imposing sanctions. The justification for the socio-legal significance of the methods is carried out from the position of developing environmental consciousness, which ensures that subjects are deterred from unlawful environmental behavior in the future.

MALOLJETNIČKO PREKRŠAJNO PRAVO U BOSNI I HERCEGOVINI - RAZVOJ PREKRŠAJNOG PRAVA I ANALIZA PRAVNOG OKVIRA

Juvenile delinquency is a social phenomenon characterized by socially unacceptable behaviors of minors. In a narrower sense, it refers to unlawful behaviors of minors that are criminalized as offenses under the criminal legislation of a state, while in a broader sense, it includes not only criminal offenses but also other forms of behavioral disorders, i.e., so-called risky behaviors of minors (committing misdemeanors, violating moral norms, and other socially unacceptable behaviors). Juvenile misdemeanor law contains norms that establish the age threshold for juvenile misdemeanor liability, the system of misdemeanor sanctions for juveniles, and other measures that can be applied to juvenile offenders. This paper aims to present the development of misdemeanor law and the current legal framework of juvenile misdemeanor law in Bosnia and Herzegovina, which consists of regulations enacted at the state level, the entities of the Federation of Bosnia and Herzegovina and the Republic of Srpska, as well as the Brčko District of Bosnia and Herzegovina.

Medical and pharmaceutical activities in occupied territories: legal assessment and Ukraine's experience.

International armed conflicts often involve the occupation of territories of the state under aggression, where some of the population begins to voluntarily cooperate with the enemy. Currently, under the legislation of certain EU countries, such actions may be deemed collaboration or treason. This article examines the scenarios faced by medical or pharmaceutical workers in occupied territories, using the example of Ukraine, which is currently experiencing armed aggression from the Russian Federation. Despite the declared norms of International Humanitarian Law (IHL), medical and pharmaceutical workers find themselves in quite difficult situations. They have taken an oath and have obligations under the Geneva Conventions and Additional Protocols, and thus are required to continue performing their professional duties during the occupation and are de jure granted medical neutrality. However, they also face limited resources, pressure, and, in some cases, their duties may involve illegal actions that could lead to legal responsibility. The study identifies when medical and pharmaceutical activities are lawful during occupation and when they may constitute unlawful behaviour that results in legal accountability. The authors conclude that the current policies of Russia and its occupation authorities deliberately violate IHL norms. Furthermore, they intentionally create conditions where individuals in occupied territories commit actions that will be recognized as crimes. It is based on dialectical, analytic, synthetic, comprehensive methods, and also uses the case-method and the method of content analysis.

Artificial Intelligence — a New Form of Using Special Knowledge in Investigating and Solving Cybercrimes

The number of cybercrimes has grown considerably in recent years and now poses a serious threat for the national security of states, information systems and personal data of citizens. The reasons for this considerable increase in cybercrime are the change of global policy, the special military operation, and the restrictions connected with the COVID-19 pandemic. The authors examine the importance of using special knowledge and artificial intelligence (AI) in the investigation of cybercrimes. They research the concept of a cybercrime, and analyze the ideas of scholars on strengthening the counteraction to such criminal activities, which have been spreading rapidly in recent years. The authors conclude that cybercrimes are understood as socially dangerous unlawful behavior, carried out with the use of information technologies and inflicting considerable damage on the economic and reputational interests of people, organizations and the state. They present a classification of the most common types of cybercrimes and key methods of carrying them out. They also analyze the research discussion on the contents of special knowledge, which allows the authors to conclude that in modern legal conditions AI, being a new form of special knowledge, requires a new understanding in view of the use of this knowledge in criminal proceedings. Taking into consideration that this format includes machine self-learning, neural networks, evolutionary algorithms, etc., the authors attempt to outline how they can be used for solving complex criminalistic tasks that require a preliminary analysis of large volumes of forensically relevant information, identification of images and regularities, and argumentation of making organizational-procedural decisions. The authors examine the cyberspheres where special technical knowledge is used, such as cybersecurity, computer architecture, reverse engineering, digital forensics, system administration. AI has a tremendous potential for the modern criminal process, its use will make it possible to enhance the effectiveness of investigatory work as it will considerably improve the speed and effectiveness of procedural actions and pre-court proceedings for criminal cases in general. It is, however, necessary to take into account the existing risks and limitations connected with its use in court-investigative practice. The authors conclude that in order to ensure the adequate use of opportunities offered by AI in the criminal process, it is necessary to develop ethical and legal principles of its inclusion in the sphere of special knowledge used in criminal court proceedings for acquiring forensic evidence on criminal cases.