Reference:
Gulakov R.N..
The identity of the criminal acting within the shadow economy
// The union of criminalists and criminologists.
2015. № 3.
P. 351-360.
DOI: 10.7256/2310-8681.2015.3.68384 URL: https://en.nbpublish.com/library_read_article.php?id=68384
Abstract:
The author considers the problem of defining the concept of identity of the criminal in the sphere of the shadow economy in its correlation with the identity of the criminal, committing general crimes. The author analyzes the peculiarities, reasons and conditions of the formation of the identity of the criminal, acting within the shadow economy. The analysis of the problem of the identity of the criminal is not limited to the formulation of the central definition. Many criminologists have emphasized the necessity to consider the identity of the criminal more precisely. For example, the analysis of various sources shows that the profound study of the criminal identity in the shadow economy hasn’t been carried out so far. And it is necessary to fill this gap on the recent stage. The author applies the analytical, comparative and logical methods. Based on the experience of particular scholars, the author formulates his conclusions about the differences between the criminals, committing general crimes, and the criminals, committing crimes in the context of the shadow economy. The author presents different variants of identifying the criminal, acting in the context of the shadow economy. The author concludes that the identity of such a criminal is a multifaceted and heterogeneous phenomenon, depending on many objective and subjective factors. For the purpose of a more effective struggle against crimes in the shadow economy and their prevention, it is necessary to take the set of measures for the improvement of finance, tax and other branches of legislation, decrease of corruption in public authorities and increase of the level of social justice and the reduction of legal nihilism.
Keywords:
Shadow economy, neglect, damage, crime statistics, crime prevention, crime, prevention, evasion, fictitious economy, prophylaxis
Reference:
Karapetyan A.G..
Administrative responsibility for the violation of budget legislation
// The union of criminalists and criminologists.
2015. № 3.
P. 361-366.
DOI: 10.7256/2310-8681.2015.3.68385 URL: https://en.nbpublish.com/library_read_article.php?id=68385
Abstract:
The article considers the general issues of administrative responsibility in the sphere of budget and finance legislation provision and analyzes the current budget institution. The author applies the comparative-legal, dialectical and logical methods. The conclusions of the study can be used in the process of application of administrative responsibility for such offences. At present, there are two views on the question, what branch of law should the complex institution of responsibility be assigned to. According to one position, it is necessary to preserve the administrative responsibility provisions; according to another, it is necessary to maintain the supremacy of the Administrative Offences Code in this sphere. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal studies. The specificity of budget offences requires to establish a special period of limitation. During the previously established annual period, the measures of responsibility for the violations of budget legislation couldn’t be applied effectively. In accordance with the new version of the article 4.5 of the Administrative Offences Code, the new period of limitation for administrative offences in the budget sphere is two years. Yet another positive moment is the correlation of some compositions of administrative offences in the Administrative Offences Code with the types of budget offences in the Budgetary Code. Now the Budgetary Code contains only five types of budget offences, and all of them have the corresponding compositions of administrative offences.
Keywords:
offence, provisions, financial and legal responsibility, administrative responsibility, budget legislation, conviction, restrictions, budget, guarantees, compensation