Criminal Way Research Articles

Преступность как фактор детерминации спроса на экономические блага

The article presents an analysis of goods, the demand for which is determined by crime. These benefits are divided into groups depending on the nature of the legality of their origin and scope of use. The authors reflected the mechanism of determination of these benefits with the allocation of active and passive forms of participation in it of crime (subjects of the criminal sector). The criminal ways of forming demand for the products of subjects of the criminal sector (forcible imposition, economic supply, criminal cross-marketing) are highlighted, the negative consequences of the participation of the criminal sector in the formation of demand for economic benefits are reflected, to which the authors attributed the enormous public damage from criminal activity, the destructiveness and danger of products produced in the criminal sector, as well as criminal the nature of the ways in which demand is generated. The conclusion is substantiated that the demand generated by crime for goods that contribute to security is one of its destructive externalities for the socio-economic system and the development of society, associated with the need to divert economic resources from other significant goals of social development. Among the absolutely positive benefits that crime generates, the need for the state to pursue such a social and economic policy that would minimize the determinants of crime is highlighted.

Evolution of norm of money laundering, which obtained by criminal ways, as an objectively determined process of europeization of criminal legislation of Ukraine

Evolution of norm of money laundering, which obtained by criminal ways, as an objectively determined process of europeization of criminal legislation of Ukraine

Features of the formation of traditions and customs in the criminal environment of penitentiary institutions

Subject of research: the article discusses how traditions are formed in a criminal environment, how they influence convicts and how they contribute to the commission of penitentiary institutions.
 Purpose of research: to get acquainted with the traditions and customs of the criminal environment, the conditions for their formation and the impact on convicts in the process of serving their sentences.
 Methods and objects of research: the article uses such general scientific research methods as: generalization, analysis and synthesis, concretization.
 Main results of research: it was determined that the main carriers, criminal traditions are professional criminals who most often commit repeated violations of the regime of detention or are persistent violators. The author believes that criminal traditions are a way of life of convicts, in which a criminal way of life is encouraged. Traditions regulate the order of relations among convicts, are corporate in nature and approve of violence against other convicts who are not members of criminal groups.

Проблемы квалификации легализации (отмывания) денежных средств или иного имущества, приобретённых преступным путём (ст. 174, 174.1 УК РФ)

In the presented article, the authors consider certain problems of qualifying the legalization (laundering) of money or other property acquired by criminal way, which are primarily due to the specifics of the subject of the criminal offense, as well as the difficulties of the criminal law assessment of complicity in the commission of crimes under Art. Art. 174 and 174.1 of the Criminal Code of the Russian Federation.
 Due to criminologists legalization (laundering) of money or other property acquired by criminal way (Articles 174, 174.1 of the Criminal Code of the Russian Federation) is one of the determinants of latency of predicted crimes because it makes more difficult to find, to solve and to investigate such crimes.
 The aim of the research is the criminal and legal appreciation of crimes under articles 174 and 174.1 of the Criminal Code of the Russian Federation.
 The methodological basis includes comparative and legal method, the method of formal logics and interpretation of the norms of the law.
 In order to eliminate the problems stated within the framework of this work, the authors substantiate and formulate proposals for improving the legislative structure of the compositions of the analyzed criminal law norms, aimed at their unification.

STATUS OF REFORMATIVE PUNISHMENTS IN INDIA

Of all parts of the law, the branch that intently concern or contacts an individual in his everyday existence is criminal law. Wrongdoing could likewise be characterized as the commission of acts precluded by corrective law and hoodlums as people who carry out such demonstrations. The penalization framework is an indispensable piece of law enforcement and for keeping up with Government backed retirement. The advancement of progress has come about through the change in the theory, strategy, and intention of penalization. Discipline might be utilized as an approach to decreasing the occurrence of criminal ways of behaving either by hindering the expected guilty parties or by impairing and keeping them from rehashing the offense or by improving them into law-withstanding residents. In this manner, speculations of discipline contain strategies concerning the treatment of wrongdoing and hoodlums. They're ordered into four sorts. Every one of these aren't correspondingly elite and every one of them assumes a vital part in dealing with possible wrongdoers. The hypotheses of discipline are Retributive theory, Deterrent theory, Preventive theory, and Reformative theory. This review is in regard to reformative theory and dissecting the status in India.

Political Corruption and Mark Twain’s West

Abstract This article argues that Mark Twain’s West was a bureaucratically managed space and that his depictions of western institutions reveal forms of political corruption that are not venal. Unlike the corruption that the Supreme Court has recently limited to quid pro quo exchanges of money for political favors by individuals, the corruption that Twain reveals through the lens of his western experiences is endemic to institutions and can often involve well-meaning individuals who are not acting in criminal ways.

Illicit Trafficking of Narcotic Drugs, Psychotropic or Potent Substances with the Use of Distance Communication Technologies: New Criminal Ways

Illicit trafficking of narcotic drugs traditionally holds a special place among criminal threats due to the scale of its negative social impact. In the conditions of global informatization, the mechanism of drug trade is transitioning to an active use of contactless means of committing crimes. Information and telecommunication technologies allow offenders to design increasingly sophisticated criminal schemes of drug trafficking whose matrix is made up of deliberate and thoroughly planned actions. The study reported in this article considered typical methods of contactless drug trade through mobile communication tools - pre-order and instant online offer. The author examined changes in the typology of the members of modern organized drug trade criminal groups involved in contactless drug delivery using information and telecommunication technologies. A typical structure of a criminal «store» is presented. According to the author, the proposed research approach to understanding the mechanism of illicit drug trade, which is based on the use of distance communication devices and information-telecommunication technologies, should render more focused the work of law enforcement aimed at searching, identifying and preserving proof on the stages of creating such organized criminal groups, coordinating the actions of their structural elements, forms of finding and recruiting their new members, and a comprehensive system of drug trades IT support.

Социальное окружение личности и его влияние на преступное поведение

The study examines influence of the social environment on offender and criminal behavior. The relevance of study of social environment for prevention of deviant and delinquent behavior are showed. The organization of social environment of individual is considered. It is shown that it consists of socio-structural, referential and interactive components. 
 Socio-structural relations reveal a person's positions in social groups, communities and institutions, roles and functions is performed. Referent relations act as a basis for recognition of importance of people included in social environment. Interactive relations determine the possibilities of joint activity, resources of help and support, which the participants of the social environment can present to the person. It is noted that the social environment of the individual affects the involvement in criminal activity, determining the attitude to the criminal way of life. Concepts that reveal the instrumental and value influences of those around them on the decision to commit a crime are examined. The psychological consequences of social disorganization and social categorization that predetermine a person's attitude toward the criminal social environment are described. The influence of social environment on the termination of antisocial lifestyle is explained through the creation of conditions to change the person's perceptions of himself. 
 The results of the study is a conceptualization of the social environment of the individual, revealing its organization in a set of socio-structural, referential and interactive aspects. The model expands the understanding of the role of other people in the regulation of criminal behavior.

Daughter, stepdaughter, and daughter again: нow the main character of Yuri Yanovkyi's play changed with each edition of it

Despite the fact that Yurii Yanovskyi's play The Prosecutor's Daughter has already attracted the attention of researchers, the main goal of scholars most oftenle was to analyze the final version of the work. The lack of thorough research about the history of the play makes this article relevant. Yanovskyi's archive provides a wealth material for research in general and about The Prosecutor's Daughter in particular. Within one research it seems more appropriate to focus on one of the major changes in the text. Therefore, the aim of this study is to analyze the transformation of the image of the main character of the play in different editions of the work. The subject of the research is the image of the main heroine of the play in different editions, and the object of research is the author's notes to the play, its variants, editions, and memoirs of Yanovskyi's contemporaries concerning his work. Such an analysis obviously involves the use of not only general philological research methodology but also methods of source criticism and textual criticism. Research results. Despite the author's position by Yanovskyi and those scholars who also agree with it, this study shows that the play Day of Wrath, written in 1940 have to be considered as the first edition of The Prosecutor's Daughter because of the similarity of characters, beginnings, and even identities of certain dialogues. Three editions of the play have been identified, the first, already mentioned, written in 1940, the second edition created by Yanovskyi after the war in 1952, and the last edition, which in this study dates with the last authorial version of the play, published posthumously in 1956. The main problem in all editions is the involvement of a girl from a supposedly quite decent and wealthy family on a criminal way. In the first edition, the author vividly depicts the flaws in the character of family members, thus demonstrating that the criminal path is a natural result in the life of a girl who has no love or authorities in the family. The image of the main character in the first edition is not without flaws, but at the same time it is tragic. In the second and third editions, Yanovskyi embodies the idea of justifying children expressed in the note to the play. In the second edition, the image of the main character is idealized, the girl is so balanced and cold-blooded that she is able to resist an adult and experienced criminal who deceitfully involves children in criminal schemes. In the third edition, the main character portrays the pain realistically; she is confused and scared in front of an adult criminal. The author again shifts the emphasis to the shortcomings of her relatives, to the lack of attention on their part, due to which the girl finds herself alone with too difficult problems for her. The analysis allows one to see how the image of the main character has changed in different editions of The Prosecutor's Daughter. Given the wealth of material preserved in the Yanovskyi’s Fund, the analysis of such changes in this play and other plays presents a wide field for writers to explore. Such research would enrich the knowledge of Yanovskyi's individual creative approach, and would be an important contribution to the general study of Ukrainian drama of the Soviet era.

The System of Sexual Crimes: Features of the Design of Criminal Law and Ways to Improve

The System of Sexual Crimes: Features of the Design of Criminal Law and Ways to Improve

Antiquities market we deserve: 'Royal-Athena Galleries' (1942-2020)

On September 13, 2020 a quarter of a century had elapsed since the Swiss and Italian authorities raid in the Free Port of Geneva, on the warehouses of Giacomo Medici, later convicted of involvement in cases of trafficked antiquities. Since then, many other raids followed on properties of other notorious antiquities traffickers, thousands of antiquities were confiscated from them and their invaluable archives were discovered and seized. The research on these archives resulted in hundreds of notable repatriations so far, but mainly in the enrichment of our knowledge about the criminal way in which the so-called ‘reputable’ members of the international antiquities market have been acting since the 1970 UNESCO Convention, which they completely ignored in practice. Despite the numerous occasions on which these ‘reputable’ members were identified as involved, even today they continue to act in the same way, some without any (or known) legal sanctions. This chapter reviews the illicit associations of one of these ‘prominent’ members of the international antiquities market, the ‘Royal-Athena Galleries’ in New York, a gallery run by the antiquities dealer Jerome Eisenberg, who has repeatedly been found selling looted, smuggled and stolen antiquities. I then present seven antiquities, most of them identified in October 2019, one in March 2020, soon before the retirement of Jerome Eisenberg and the closure of ‘Royal-Athena Galleries’ on October 31, 2020. This piece lays out all the relevant evidence from the confiscated archives and combines everyone involved to illustrate the network that ‘circulated’ these seven objects. This case study also highlights all the problems that are ongoing in this research field, proving that essentially nothing has changed since 1995, or even 1970, and we indeed deserve the (illicit) antiquities market we still have. On cover:ANNIBALE CARRACCI (BOLOGNA 1560 - ROME 1609), An Allegory of Truth and Time c. 1584-1585.Oil on canvas | 130,0 x 169,6 cm. (support, canvas/panel/str external) | RCIN 404770Royal Collection Trust / © Her Majesty Queen Elizabeth II 2021.

A Letter from Daniel DE FOE to the Author of Gulliver’s Travels

Sir, I Dayly hear Myths and Rumours circulating among the high Spheres in London and I thought it my Duty to inform you: They insult you in a most Scandalous and Criminal Way, claiming that your imaginary Account of Lemuel Gulliver’s Travels -- it is now universally known that you are the Author of that Fiction -- might be a plagiarized Copy of the real History of Robinson Crusoe which I edited seven Years ago. Yes, I own this Work now. I did not sign it because I was afraid it might be assim...

Gaining Possession of Another's Real Estate Thought Criminal Ways (Overview of Specific Court Decisions)

The research shows that the issue is very relevant, as the interests of two subjects of law are at stake. On the one hand the interest of the rightful owner who owns the real estate and on the other hand the interests of the private mortgagors who have mortgaged the real estate in exchange for a certain amount. Attention should be drawn to the fact that the Court of Appeals, in its reasoning, refers to mortgagors as the acquisition of immovable property, which is a wrong approach, since mortgages are a relative right as opposed to an absolute one, and thus in these types of disputes, it would be fair to cancel a mortgage. None of the chambers discusses the responsibility of the National Agency of Public Registry, which in this case should be the subject of discussion, since the registration of ownership of real estate is the competence of the National Agency of Public Registry, however, the public has a high standard of trust in the registry. It is the responsibility of the Registry, therefore it is its responsibility, it should be noted that the Georgian court practice is already aware of the fact that the Public Registry has compensated a number of damages, which means that the Administrative Board and the National Court as a whole impose responsibility on the Registry in their decisions. It can be said that the solution to the problem will be the introduction of a special marking standard on real estate by the public registry, with the help of which the owner will be able to give some warning to third parties not to mislead them. It is possible to introduce a "Compensation Fund" which already exists in the Federal Republic of Russia, with the help of this fund it is possible without a dispute, the rightful owner will receive monetary compensation in full for his real estate. It would be good to amend the Civil Code, according to which Article 185 of the Civil Code of Georgia would be drafted with the content of Article 187, in particular, the mortgagee and the purchaser of real estate would be obliged to inspect the real estate, not only in the public register, but also on the spot. Equal protection of the interests of the owner.

The social significance of the regulation of non-cri- minal acts in the criminal law

Introduction. In science, it is already proved that the effectiveness of criminal legislation in relation to crime prevention is very limited. The criminal law is objectively unable to eliminate the causes of crime due to their social nature. Nevertheless, the regulation of non-criminal acts is a socially significant area of criminal law policy that helps to resolve or reduce the painful difficulties that arise in the process of law-making and law enforcement activities in relation to the criminal law. Theoretical Basis. Methods. The theoretical basis of the research is based on Russian doctrinal sources devoted to modern concepts of criminal policy, forms and means of its implementation, and the social consequences of mitigating or toughening criminal repression. Results. The social importance of the regulation of non-criminal legal acts is determined by the ability to resolve three central problems. Firstly law-making activities when determining the boundaries of criminalisation. Secondly, maintaining human resources to implement repressive penal policy. Thirdly conservation of the economic resource, as the impact of penal policy and define ensuring the principle of inevitability of criminal responsibility and alternative ways to resolve a criminal law conflict. This includes the possibility of self-defense of individual rights by means of criminal law. Discussion and Conclusion. Regulation of non-criminal acts is a kind of “safety mechanism” of criminal law policy. It is a means of protection against excessive criminalisation, a means of ensuring compliance of legislative formulas with the realities of life, and a means of ensuring a balance between lawmaking and law enforcement.

LIMITING THE CONSTITUTIONAL RIGHTS OF THE SUSPECT AND THE ACCUSED IN THE ELECTION OF A MEASURE OF RESTRAINT - BANNING CERTAIN ACTIONS

LIMITING THE CONSTITUTIONAL RIGHTS OF THE SUSPECT AND THE ACCUSED IN THE ELECTION OF A MEASURE OF RESTRAINT - BANNING CERTAIN ACTIONS

Opposition to legalization of income generated by criminal way

Opposition to legalization of income generated by criminal way

Methodological provisions for the formation and implementation of state criminal policy in the field of prevention and combating economic crime

The article develops a comprehensive methodological approach to the formation and implementation of state criminal policy in the field of prevention and counteraction to economic crime, which includes the following components: identification and identification of symptoms in public life of economic crime and their impact on national security; identification of stakeholders and identification of their interests in preventing and combating economic crime; substantiation of the content of criminal policy as a system and as a process of preventing and combating economic crime; formation of the object-subject field of the state criminal policy in the field of prevention and counteraction to economic crime; determination of the purpose and tasks of the state criminal policy in the field of prevention and counteraction to economic crime; substantiation of directions of formation and realization of the state criminal policy in the field of prevention and counteraction to economic crime; identification of subjects of formation and implementation of the state criminal policy in the field of prevention and counteraction to economic crime; identification of objects of state criminal policy in the field of prevention and counteraction to economic crime; establishing relationships with other types of public policy in the field of prevention and combating economic crime; substantiation of methods and principles of state criminal policy in the field of prevention and counteraction to economic crime; establishing mechanisms of state criminal policy in the field of prevention and counteraction to economic crime. For each component, a set of procedures and the stages of their implementation are substantiated. The main directions of the state criminal policy in the field of prevention and counteraction to economic crime are defined, namely: prevention and counteraction of unfair competition, prevention and counteraction to legalization (laundering) of the means received by criminal way and financing of terrorism, prevention and counteraction to raiding, prevention and counteraction taxes, prevention and counteraction to corruption, prevention and counteraction to misuse of budget funds.

Organization and Methodological Support of Financial Monitoring in an Auditing Firm: New Requirements

The requirements to financial monitoring to be implemented by auditing entities, as defined by the Law of Ukraine “Preventing and Combating Legalization (Laundering) of Incomes Received by Criminal Ways, or Financing of Terrorism or Financing of Proliferation of Arms of Mass Destruction” from 06.12.2019 р. No 361-ІХ, enforced on 28.04.2020, are studied. The occurrence of ambiguous interpretations of some notions in the abovementioned Law or heavy financial sanctions that may be imposed on auditing entities entail the need in elaborated and implemented intra-firm documents on financial monitoring. While the previous revision of the Law contained the clearly defined peculiarities of organization of financial monitoring by auditing entities when providing certain services to clients (real estate transactions; asset management; raising of funds for establishing, operating and managing legal entities; sales and purchases of corporate assets), such peculiarities cannot be found in the new revision of the Law. It follows that now the auditing entities need to be guided by general norms of the Law in organizing financial monitoring. A series of administrative documents has been elaborated for this purpose: the order on appointment of a person responsible for financial monitoring; the conclusion of business reputation review for a candidate for the position of responsible person; the rules for financial monitoring of auditing entity; the monthly reference of the responsible person on the results of implemented actions on financial monitoring. The elaborated rules for financial monitoring cover all the legal requirements on implementation of financial monitoring, with the possibility of making amendments in them as appropriate. The rules must be informed to all the staff of an auditing entity, engaged in the provision of auditing and non-auditing services, through participation in internal training on financial monitoring issues. Apart from the rules, it is proposed that the working documentation supporting the procedures of financial monitoring should be supplemented by the following sections: 1. Documentary support for financial monitoring of auditing entities. 2. Staff and training of staff on financial monitoring issues. 3. Documentary support for interactions with the State Service of Financial Monitoring of Ukraine, ministries and administrative department, which allow auditing entities to meet fully the legal requirements and avoid heavy financial sanctions on the side of controlling and regulatory bodies.

A mesterséges intelligencia belügyi és biztonsági célú alkalmazása

Összefoglalás. A tanulmány célja a mesterséges intelligencia (MI) belügyi és biztonsági célú alkalmazásának bemutatása, különös figyelemmel az arcfelismerő rendszerek és egyéb MI alapú megoldások rendvédelmi, nemzetbiztonsági, valamint önkormányzati és vízgazdálkodási területen való alkalmazásának lehetőségeire, adatvédelmi és kibervédelmi szempontjaira. A tanulmány ennek kapcsán mind az irányadó magyar és európai uniós előírásokat és célkitűzéseket, mind az MI-re irányadó hatósági gyakorlatot számba veszi és ismerteti, valamint ezek tanulságait összefoglalja és kiértékeli az egyes MI alapú megoldások sajátosságainak figyelembevételével. Summary. The purpose of the study is to take a closer look on the application of artificial intelligence (AI) concerning internal affairs and for security purposes, with a key focus on facial recognition systems and other solutions used by law enforcement and national security agencies to answer new challenges posed by cybercrime and criminal networks spreading through the cyberspace. In the light of the above, the study further takes into account the risks associated with the usage of AI solutions concerning internal affairs and for security purposes and tries to find possible measures to minimize them. Bearing this in mind, the study highlights the key relevant Hungarian and European Union requirements and goals, including the approach of the European Union concerning biometric identification and the Hungarian AI Strategy’s vision on the usage of AI based solutions for administrative, law enforcement, defense and military national security purposes. The study further analyzes the practical aspects of the usage of AI solutions by law enforcement agencies and the key aspects of facial recognition systems and other similar solutions. This includes the territory affected by the system, the period of monitoring, the human revision of the results presented by the algorithms, as well as data security minimum requirements and the rights of data subjects affected by AI solutions (e.g. sufficient information provided on the processing of their data in accordance with the national and public interests related to the usage of AI solutions). In addition to the above, the study further discusses the use of AI solutions by national security agencies, including the aspects of monitoring dark web activities conducted by criminal and terrorist organizations and ways for national agencies to intercept messages and gather evidence by new solutions in line with data protection and constitutional requirements. Finally, the study helps us understand, how AI based solutions can be used for facilitating everyday work of local governments (with a key focus on chatbot services and self-service opportunities) and for solving water management related tasks more efficiently, thus creating a more modern administration, where citizens can easily interact with administrative bodies and technical or simpler tasks are undertaken by algorithms. All in all, the study outlines how AI is currently used concerning internal affairs and for security purposes and how it can be used to help law enforcement and national security agencies fight new forms of crime empowered by technology or to further modernize local governments and water management systems and apply AI based solutions in accordance with data protection requirements and procedural laws.

Youth crime as a ‘way of life’? Prevalence and criminal career correlates among a sample of juvenile detainees in Australia

For more than 60 years, scholars have often likened chronic and persistent offending to ‘living a criminal way of life’, yet these evocative motifs have not received much empirical scrutiny. In particular, the so-called criminal life-style is often conceptualized as something the chronic young offender opts into as an alternative to other pro-social pathways. Whereas for older offenders, it is something into which they find themselves trapped and unable to escape. The idea that crime is a chosen ‘way of life’ among chronic young offenders has not yet received sufficient empirical scrutiny. In this study, we use archival data of nationally representative cohort ( n = 373) of young offenders in Australian custodial centers who were each asked whether crime was their ‘way of life’. From this, we estimate its prevalence and criminal-career correlates, finding that one in three strongly identify with crime as their way of life. Self-identification is also found to be strongly correlated with Indigenous status even after controlling for different features of the juvenile criminal career. In all, our data paint a vivid portrait of a criminal identity that, for the young offender, likely signals a perceived inevitability that evolves in the context of structurally and culturally conditioned opportunities. Understanding this phenomenon among youthful offenders is important if we are to be successful in our attempts to curtail criminal continuity through desistance informed interventions.