Economical support of national security
Reference:
Sergeeva A.A., Gurev M.S., Kirillova Y.M., Pyatkova O.V., Feizullaev F.M., Lototskii A.S.
Some ways of countering fraud committed using digital payments according to the legislation of Russia and China
// Security Issues.
2024. № 1.
P. 1-10.
DOI: 10.25136/2409-7543.2024.1.69010 EDN: JMCGPE URL: https://en.nbpublish.com/library_read_article.php?id=69010
Abstract:
The relevance of the study is due to the increase in crimes on funds operating in non-cash form. In the future, the development of the digital economy will be associated with an increase in such risks. In this regard, the authors have made a comparison of the Russian and Chinese experience of their minimization. In both countries, there is a steady increase in the number of thefts committed using illegal access to digital payment systems. At the same time, criminal law norms designed to counteract fraudulent actions have certain drawbacks. The judicial interpretation of these norms is also ambiguous. In conditions of limited functioning of international payment systems, theft of non-cash funds can be committed in new ways. In the future, non-cash payments will increase in volume, so it is necessary to improve the security of their conduct. The authors used a comparative legal method, as well as analysis and synthesis, which made it possible to give the study a complete character. The article summarizes the Russian and Chinese experience in countering the theft of funds deposited in non-cash form. Since the share of non-cash payments in Russia and China is significant, not only economic entities, but also citizens are involved in their turnover. The latter, not having financial literacy, can become victims of fraudsters. The state policy regarding the regulation of non-cash payments is built in the direction of establishing control over the functioning of electronic platforms. However, this does not seem to be sufficient, since it does not reduce financial risks. The criminal legal field remains virtually the only lever to counteract this type of theft. At the same time, the structure of the criminal law prohibition does not reflect the nature and degree of public danger of fraudulent actions and does not clearly distinguish them from secret theft.
Keywords:
penalty, damage, lie, robbery, fraud, non-cash payments, payment, prevention, cybercrime, digital economy
Internal threats and countermeasures
Reference:
Kutsev V.V.
Forms and methods of preventing crimes in the field of drug trafficking
// Security Issues.
2024. № 1.
P. 11-19.
DOI: 10.25136/2409-7543.2024.1.69561 EDN: QUZZSS URL: https://en.nbpublish.com/library_read_article.php?id=69561
Abstract:
The subject of this study is the forms and methods of preventing crimes in the field of drug trafficking. The purpose of the study is to analyze the forms and methods of preventing drug crimes, their differentiation, identify current problems and develop ways to solve them. Attention is drawn to the fact that the main actors in the prevention of drug crime are the state and society. The role of the state is to coordinate and determine the vectors of combating drug crime, draw up plans and programs for preventive activities, and determine the competence of other subjects of prevention. Society also plays an important role in reducing drug crime, so it is important to involve citizens in the prevention of crimes in the field of drug trafficking. It is determined that the feedback mechanism contributes to the qualitative interaction of civil society institutions with law enforcement agencies and government agencies. The research methodology includes a number of general scientific methods of scientific cognition. The following methods were used in the course of the research: the method of analysis and synthesis, methods of deduction and induction, the method of analyzing scientific literature, the method of systematization, formal legal, dialectical and other methods. The research is structured according to the principles of logic and structuring. The scientific novelty of this study is to highlight the urgent problems of drug crime prevention as one of the methods of preventing crimes in the field of drug trafficking. Special attention is paid to improving the practice of social rehabilitation of drug addicts. This topic has been the subject of scientific research, but the main focus of many researchers is on drug treatment. At the same time, social rehabilitation and employment of drug addicts are of no less importance, as they seriously reduce the likelihood of such persons committing crimes in the field of drug trafficking. The considered method of preventing drug crimes, expressed in individual preventive work with drug addicts, will also contribute to reducing the demand for drugs, which will reduce the number of crimes in the field of illicit trafficking. The conducted research allowed us to conclude that such a method of preventing crimes in the field of drug trafficking as individual preventive work with drug addicts, their adaptation and social rehabilitation is of high importance. Some problems in this area are considered, and possible solutions are proposed.
Keywords:
drug addicts, security threat, prevention, rehabilitation, crime, warning methods, subjects of the warning, prevention of drug crimes, drug crime, law enforcement agencies
Economical support of national security
Reference:
Danilovskaia A.V.
Differentiation of criminal liability as an element of criminal law policy in the field of fair competition protection
// Security Issues.
2024. № 1.
P. 20-39.
DOI: 10.25136/2409-7543.2024.1.70062 EDN: XGRDHA URL: https://en.nbpublish.com/library_read_article.php?id=70062
Abstract:
The subject of the study is the issues of differentiation of criminal liability for crimes infringing on fair competition (hereinafter also anti–competitive crimes), as an element of criminal law policy in the field of protection of fair competition. In particular, the problems of identifying such a group of crimes, criteria for differentiating responsibility are studied using the example of analyzing both named and non-specified elements of crimes of certain qualifying signs of crimes, other means of differentiating responsibility for their commission, problems of building sanctions for crimes of the group in question.The purpose of the work is to assess the current state, identify problems of differentiation of criminal liability for crimes that infringe on fair competition, in the light of official recognition of the need to counter them as a threat to economic security, and identify ways to solve them. The research methodology is based on general scientific and private scientific methods of cognition – historical and legal, methods of system analysis, logical, comparative, formal dogmatic methods, the method of legal forecasting and classification, questionnaires. The novelty lies in: 1) in the study of the provisions of the Criminal Code of the Russian Federation in their relation to the Federal Law "On Protection of Competition" in order to establish criteria for the allocation of a group of anti-competitive crimes and substantiate the differentiation of responsibility for their commission; 2) in proposals on the allocation as independent elements of crimes of certain types of violations of antimonopoly legislation for which criminal liability has not been established, as well as on the inclusion in a number of articles of the Criminal Code of the Russian Federation of a sign of committing a crime for the purpose of unfair competition, as differentiating responsibility for crimes involving illegal trafficking of intellectual property in the field of entrepreneurship; 3) in the analysis of problems of means of differentiating responsibility for encroachments on fair competition and in proposals for their improvement, 4) in the proposal to keep official records of a group of anti-competitive crimes in the field of the formation of static reporting on crimes committed in the structure of crimes of economic and corruption orientation. The conclusions are that the elimination of the problems of differentiation of criminal liability for anti-competitive crimes, as well as the official accounting of such crimes, is the key to the effectiveness of the entire criminal law policy in the field of fair competition protection.
Keywords:
anti-competitive crimes, means of differentiating responsibilities, unfair competition, cartel, differentiation of criminal liability, criminal law policy, criminal liability, bid rigging, leniency program, anti-competition agreements