Suchergebnisse

The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law "On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods" (Registration # 5420 of April 23, 2021). Author's proposals on the relevant improvements of criminal legislation have been put forward and substantiated.

The goal of the research paper is to study, with active reference to the comparative legal method, Ukrainian and foreign models of civil-military cooperation (CIMIC). The following scientific methods have been used to study chosen military-legal issues, substantiate the theses expressed by the authors, and formulate conclusions: historical-legal, system analysis, formal-logical and method of comparison. It has been determined that CIMIC concept remains novel for both Ukrainian military and civil society in general at the current stage of national, political and defense development; in fact, CIMIC doctrine is also a relatively new phenomenon in the military doctrine and standards of NATO member states. Based on the results of the study, it has been argued that Ukrainian CIMIC doctrine of the Central Command as a program document in a certain direction should further focus on the following areas: 1) development of a culture of mutual respect, trust and support between all involved military and non-military actors; 2) promotion of patriotic education in Ukrainian society, protection of the rights and freedoms of members of the Central Election Commission; 3) use of CIMIC units as a platform for civil-military contact and cooperation in eastern Ukraine, especially in the area of the Joint Forces Operation; 4) promotion of legal guarantees of gender equality and equal opportunities for men and women in the Armed Forces of Ukraine.

The aim of the research was to analyze academic approaches to understanding the legal nature of white-collar crime and what crimes it includes; based on this understanding, the model of corporate criminal liability was investigated to place it in various law enforcement contexts. Throughout the article, appropriate research methods have been used, such as: comparative law method, systemic-structural method, formal-legal method. Based on the results of the detailed comparative analysis, it has been established that there are no unified standards or models for both white-collar crime and corporate criminal liability. Furthermore, it has been argued that the concept of fraud (deception) constitutes the key element of white-collar crime and is also the foundation of most corporate crimes. In the conclusions, it is argued that corporate criminal liability in the United States, and to a lesser extent in some European countries (including Ukraine), is a powerful law enforcement tool capable of protecting society from massive crimes as well as deterring corporations from unlawful deviations.

The goal of the paper is to research the modern phenomenon of global white-collar crime, its socially harmful forms and to discuss methods of fighting such criminality internationally. In the course of the research, several general and special scientific methods were used. Special focus was laid on comparing models of enforcing economic crimes in different jurisdictions. A general overview of today's interconnected economic systems is provided. A link between economic security and national (including information) security is explained. With reference to numerous publications on the issues of white-collar crime it is suggested that this topic is of significant practical meaning to national governments. Based on the example of several white-collar crimes, including tax evasion, money laundering and insider trading, a conclusion was made on the complexity of prosecuting economic offenses, when criminal activity goes beyond any national jurisdiction. Challenges of procedural nature, which relate to investigation and prosecution of such crimes, are discussed as well. As a general conclusion, it is argued that modern phenomenon of economic globalization significantly underlines the importance of the implementation of comparative, multi-jurisdictional research into the field of white-collar crime enforcement.