法律实体预防犯罪:外国经验和在乌克兰的应用前景

D. Skoromnyi
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引用次数: 0

摘要

所研究问题的相关性在于,目前世界各国法律实体之间的犯罪正在增加。这种现象极为危险,因为公司犯罪与经济犯罪有关,即非法获得收入的合法化和腐败,这两者都会对单个国家的经济和全球经济产生负面影响。为了预防法律实体之间的犯罪,各国政府需要采取措施打击公司犯罪,利用技术进步侦查和预防法律实体间的犯罪。本研究的目的是确定外国预防公司犯罪措施的特点,并分析借鉴其他国家的经验制定有效的打击措施的前景。还提出了将提高打击公司犯罪措施效力的创新办法和方法。本研究采用的主要方法是理论方法:研究科学文献,以及澄清所研究问题状态的规范性文件。使用了分析、综合、比较、概括和建模,从而可以描述术语。此外,在法规研究中采用了系统法、辩证法和历史分析法,还包括法律解释法、法律预测法等特殊方法。本文的研究结果是识别了公司犯罪预防的重要性,提出了适用于法人实体侦查和预防公司犯罪的有效措施。这项研究的结果是,考虑到外国的积极经验,提出了预防公司犯罪的可能措施。在分析了世界其他国家的公司犯罪状况后,作者得出结论,乌克兰应采取措施防止法律实体之间的犯罪,以减少犯罪数量并提高国民经济水平
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Legal entities' crime prevention: Foreign experience and prospects of application in Ukraine
The relevance of the problem under study lies in the fact that crime among legal entities is currently increasing in the countries of the world. This phenomenon is extremely dangerous, because corporate crime is associated with the commission of economic crimes – the legalisation of illegally obtained income and corruption, both of which negatively affect the economy of an individual state and the global economy. To prevent crime among legal entities, governments of countries need to take measures aimed at countering corporate crime, take advantage of technological advance in detecting and preventing offences among legal entities. The purpose of this study is to identify the features of measures to prevent corporate crime in foreign countries, to analyse the prospects for applying the experience of other states in developing their effective counteraction measures. Innovative approaches and methods that will increase the effectiveness of measures to combat corporate crime were also proposed. The leading methods employed in this study are theoretical: the study of scientific literature, as well as regulatory documents to clarify the state of the problem under study. Analysis, synthesis, comparison, generalisation, and modelling were used, which allowed describing the terminology. Furthermore, the system method, dialectical, and historical analysis methods were used in the study of regulations, also including such special methods as the method of legal interpretation, the method of legal forecasting. The result of the present paper is the identification of the importance of corporate crime prevention, effective measures that are applied to legal entities to detect and prevent corporate crime. As a result of this study, possible measures aimed at preventing corporate crime were proposed, considering the positive experience of foreign countries. Having analysed the state of corporate crime in other countries of the world, the authors conclude that Ukraine should implement measures to prevent crimes among legal entities to reduce the number of offences and increase the level of the national economy
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