Suchergebnisse

The purpose of this study was to review the literature on the types of criminal liability for the establishment or spread of criminal influence in the countries of the post-Soviet space. Achievement of the set goal implied the resolution of the following task: the analysis of legal acts in the sphere of criminal justice. The specific subject was the social norms regulated by law, which are formed in the sphere of criminal justice in the fight against criminal action. Theoretical ideas about the activities of criminal justice bodies are also reviewed. The methodological basis of the research consists in the combination of general and special research methods. The theoretical basis was the scientific works of researchers on the issue of criminal liability. It is concluded that, in the reviewed literature, on the one hand, post-Soviet countries faced with the problem of combating organized crime and forced to take immediate measures to combat it; on the other hand, the methods and mechanisms to prevent, counter and combat organized crime, were relatively similar, focused mainly on preventive measures to the emergence of this phenomenon.

The structure of crimes in the financial and economic sphere is analyzed by means of the dialectical method. Based on the analysis of the latest legislative and theoretical achievements, applied to the issues of legal regulation of the studied financial and legal relations, scientific approaches are substantiated and proposals for improvement of regulations in this area are developed. In particular, economic security is viewed through the prism of the state's potential to ensure independent development, stability of civil society and its institutions, sufficient defense potential and its ability to protect national economic interests from internal and external threats. It is proposed to supplement Article 1 of the Law of Ukraine "On National Security of Ukraine" with the term "economic security" as a state of the national economy providing resilience to threats (exogenous and endogenous), ensuring a high level of competitiveness in the global economic space, to strengthen the comprehensive development. In the conclusions of the case, the convenience of implementing macroprudential tools as one of the dominant primary sources of information for risk assessment activities in the policies of the Directorate of Economic Security is supported.

It analyses the provisions of criminal and procedural legislation on the establishment of criminal offences, as well as the practice of their application. The application of a set of general methods and special scientific knowledge made it possible to formulate some proposals for: (1) determination of criminal liability for misdemeanours and increased penalties in the form of a fine for the commission of certain offences; 2) regulation in the Law of Ukraine to the international standard; (3) introduction by the National Police of the specialization of investigators with a clear reflection of jurisdiction in criminal procedure legislation; 4) addition of the Code of Criminal Procedure with provisions on the adoption of the relevant procedural decision by the investigating judge, in case the composition of the crime is not established and; 5) identification of the forensic doctor as the subject of the search, as well as a request for confiscation of property. It is concluded that the Code of Criminal Procedure of Ukraine must identify the coroner together with the investigator and the prosecutor as the object of the search, as well as, if necessary, request the seizure of property, mainly to temporarily seize the property during the detention of a person.