{"title":"DEVELOPMENT OF UNIFIED PROCEDURES FOR FINANCIAL INSTITUTIONS IN ORDER TO PREVENT MONEY LAUNDERING AND TERRORISM FINANCING","authors":"S. Kalinina","doi":"10.17770/acj.v2i87.4306","DOIUrl":"https://doi.org/10.17770/acj.v2i87.4306","url":null,"abstract":"The relevance of the topic is confirmed by the changes taking place in the financial monitoring system: the expansion of the financial monitoring range of procedures complication´s supervisory bodies aimed at countering money laundering and financing of terrorism, the creation of specialized international and European requirements, which causes changes in the legal regulation of public relations in this area, both at the level of the Estonian Republic, and at international level. Taking into account these changes, financial institutions are a subject to significant legal risks. The purpose of this topic is to improve the financial institution risk management system, in the field of anti-money laundering and countering financing of terrorism. The theoretical and methodological basis of the study are the provisions and conclusions regarding anti-money laundering and countering financing of terrorism risk management issues contained in the research works of different Estonian and Russian authors; as well as the author analysed anti money laundering and counter terrorism financing legal acts and revealed the main recommendations to financial institutions for preventing money laundering and terrorism financing. The author analyses reasons, which affect licenses withdrawal due to breach of money laundering. The nature of the tasks and the system approach to their solution determined the use of the following research methods in the research: analysis and synthesis, grouping and classification, scientific generalization, expert assessments and graphical analysis.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121159005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"TOPICAL QUESTIONS OF THE PROSECUTION IN LATVIAN CRIMINAL PROCEDURE IN COURT","authors":"Marina Sumbarova","doi":"10.17770/acj.v2i87.4300","DOIUrl":"https://doi.org/10.17770/acj.v2i87.4300","url":null,"abstract":"One of the institutions of criminal procedural law, which was subjected to change along with others, is the institution of prosecution in criminal procedure of Latvia. The judge, legally and reasonably makes a decision on charges of the criminal procedure for the assignment achievement of the criminal procedure, the person directing process. For this purpose, it is important to evaluate proofs objectively in a criminal case and make the correct decision to prosecute a person. The study of issues, related to the prosecution in judicial criminal procedure is determined in the paper from the point of view of Latvia’s and other scientists. Consideration of theoretical and practical provisions on the research topic allowed implementing individual conclusions and suggestions related to the accusation in judicial criminal procedure of Latvia that definitely will contribute to further improvement of the Criminal Procedural Law of Latvia","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125499622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"SOME ASPECTS OF THE OPERATIONAL ACTIVITIES PROCEDURE’S OPTIMIZATION","authors":"Leonīds Makans","doi":"10.17770/acj.v2i87.4297","DOIUrl":"https://doi.org/10.17770/acj.v2i87.4297","url":null,"abstract":"The paper deals with the problem of the operational activities measures’ use in general and the specific method depending of the stage of the operational activities’ procedure. On the basis of the historical and theoretical foundations’ study of the operational activity on this issue, and on other countries’ experience, as well as the relevant legal acts, a conclusion was drawn on the disproportionate distribution of operational-activities’ measures on the investigatory examination and investigatory process’s stages. The proposals were made to amend the Operational Activities Law on this issue.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114506547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE LEGAL NATURE OF CRIMES IN THE SPHERE OF TERRORISM AND INTERNATIONAL LEGAL INSTRUMENTS TO COMBAT THEM","authors":"Siarhei Rybak","doi":"10.17770/acj.v2i87.4298","DOIUrl":"https://doi.org/10.17770/acj.v2i87.4298","url":null,"abstract":"The paper deals with the issues of combating terrorism. The authors draw a distinction between the concepts of “international crime” and “crime of an international character”. Particular attention is paid to the lack of a universal definition of the category of “terrorism’s” problem and its reasons. A new vision of the solution to the problem mentioned above has been offered. The paper also analyzes the international regulatory legal acts regulating the struggle against terrorism and their impact on the formation of national legislation in the designated area.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123646975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"IDENTIFICATION THEORY AND ITS ROLE IN COPYCAT CRIMES","authors":"Daniels Bernards Gratkovskis","doi":"10.17770/acj.v2i87.4304","DOIUrl":"https://doi.org/10.17770/acj.v2i87.4304","url":null,"abstract":"The reasons for the copycat crimes at the moment are a “white spot” in criminology. Theories explaining the origins of human behaviour can help in filling it out. Skinner’s and Bandura’s behavioristic theories explain the copycat process with the action of operant conditioning and the learning of aggression, respectively. Confronting the escape process from freedom is one of the reasons why a person can go against social norms and laws. These theories conclude in the cognitive theory of identification, which currently most extensively explains the mechanism of imitation, as well as is taking into concideration the influence of the media, an important actor in the mechanism of copycat crimes, on a person and vice versa.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123442345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"COUNTERACTION TO ILLEGAL MIGRATION IN THE ACTIVITIES OF THE UKRAINE’S STATE BORDER SERVICE","authors":"A. Mota","doi":"10.17770/acj.v2i87.4305","DOIUrl":"https://doi.org/10.17770/acj.v2i87.4305","url":null,"abstract":"The article is devoted to the scientific review of counteraction to illegal migration by the State Border Service of Ukraine. The features of the theoretical aspects of illegal migration are analyzed. The statistics of activity of border units concerning counteraction to illegal migration are given. The results of the survey of questioned servicemen and employees of the State Border Service of Ukraine regarding the perception of countering illegal migration at the state border and within the controlled border areas are used. The typology of legal ambushes of the state border security agencies was determined. The components of the activity of the State Border Service of Ukraine to counter illegal migration include: preventing illegal migration, fighting it, and protecting the rights of illegal migrants.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124623265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"CRIMINOLOGICAL TENDENCIES OF YOUTH CRIME IN LATVIA","authors":"A. Kipāne","doi":"10.17770/acj.v2i87.4239","DOIUrl":"https://doi.org/10.17770/acj.v2i87.4239","url":null,"abstract":"In the age of risk society, the word “crime” is gaining more and more importance. Today’s rapid economic development, dynamic and rather controversial technological processes, which describe the current global environment, call for a more active response to crime as one of the top priorities. In recent years, criminal offences committed by young people, especially minors, are a priority issue for law enforcement authorities, society and the state. The term “youth crime” in criminology has been introduced relatively recently. This topic has been little studied in Latvia. The paper provides an insight into the criminological scope of youth crime. The author would like to launch a discussion on the criminological study prospect of youth crime in Latvia.The aim of the paper is to describe the phenomenon of youth crime by analysing the theoretical and practical aspects. The topicality of the study of the youth crimes’ criminological aspect is determined by the prevalence of this type of crime and the problems in identifying and prevention of it. Such tasks of the study are defined: to describe the criminological content of youth crime and to provide the criminological classification of a subject; to analyse its causes and circumstances contributing to it; to discover the content of criminological prevention. The study is based on the opinions and conclusions of scientists and different documents. Several methods of general scientific research and specific methods are used in the paper: monographic and constructive approaches, logical interpretation, statistical methods and the method of legal norms’ interpretation.The author concludes that youth crime is a complex, dynamic criminological phenomenon with certain regularities, which determine its formation and existence. The author acknowledges that criminological importance is got by early prevention measures, especially for young people whose behaviour manifests itself in a criminal inclination or takes place in a hostile or criminal environment.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127859615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE ISSUES OF ATTRACTING LEGAL LIABILITY FOR FOREIGNER TRANSPORTERS OF ASSETS, LOADINGS, OBJECTS, PASSENGERS ON CROSSING CUSTOMS BORDER OF REPUBLIC OF MOLDOVA","authors":"Savva Maimescu","doi":"10.17770/ACJ.V4I85.3671","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.3671","url":null,"abstract":"The author analyses from a general legal point of view the cases in which the international foreign carriers of goods, loadings, objects, passengers can be liable when committing breaching of customs rules or customs crimes, thus differentiating the forms of liability which might appear in these cases. Moreover, the author determines and separates each form of legal liability in part, through the applicability of the customs legal practice, also by indicating the effective mechanism of applying the legal sanctions to the subjects who have committed breaching of customs rules or customs crimes.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127551346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THEORETICAL AND PRACTICAL ASPECTS OF JUDICIAL RECONCILIATION IN REPUBLIC OF KAZAKHSTAN","authors":"Perizat Erchikova, M. Myrzakhanova","doi":"10.17770/ACJ.V4I85.4016","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.4016","url":null,"abstract":"Conflict as a clash of opposing interests, opinions, attitudes, goals, and positions is one of the everyday phenomena inherent in human society. It may be different depending on its scale and vary in the range from domestic quarrel to geopolitical confrontation between nuclear powers. In this case, the conflict itself, in spite of the negative attitude of narrow-minded to it, is a rather neutral phenomenon, its positive and negative effects are associated not only with the conflict itself, as to the method of its settlement. At the same time, the rational settlement of the conflict, such as through a constructive dialogue, it becomes the driving force of human progress, it helps to get the relationship on a completely different level.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121198050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A SIGNIFICANT THREAT TO OTHER INTERESTS AS A CRITERION FOR SUBSTANTIAL HARM AT CRIMINAL LAW","authors":"Jurijs Lomonovskis","doi":"10.17770/ACJ.V4I85.3673","DOIUrl":"https://doi.org/10.17770/ACJ.V4I85.3673","url":null,"abstract":"The aim of the article “A significant threat to other interests as a criterion for substantial harm at criminal law” is to examine the problems of understanding the concept of “substantial harm” in criminal law; to analyse whether the “significant threat to other interests” component of substantial harm is properly understood in practice. The lack of understanding of the concept determines the topicality of the article. To reach the goal of the article, such tasks are solved: 1. to consider the historical development of a law framework of “substantial harm”; 2. to get acquainted with the types of substantial harm in criminal law; 3. to compare the court practice with the basic legal doctrine; 4. to make a statement about the content of the concept of “significant threat to other interests” both in the framework of basic and qualifying criminal offenses. The article consists of 5 parts: introduction, understanding concept of other interests protected by law, connection of other interests protected by law with the direct object of the criminal offense, threat of other interests protected by law as qualifying attribute, conclusions. The novelty of the article is related to the lack of research into substantial harm problems in criminal law. The conclusions of the article are about court practice does not correspond to the basic of legal doctrine. In the conclusion of the article, the author expresses the thesis for basic composition of criminal offense: substantially harmed interests are those in the direct object of the criminal offense; as well as those included in additional objects, if specifically designated by the legislator. Regarding the determination of interests in qualifying composition of a criminal offense, the author of the article expresses the following http://dx.doi.org/10.17770/acj.v4i85.3673 thesis: substantial harm as a characteristic of the composition of a qualified criminal offense indicates the threat of an additional object of a criminal offense.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123131244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}