The objective of the article is a review of the state anti-corruption institutions' effectiveness in Ukraine. An important part of anti-corruption reform in Ukraine has been the complete transformation of anti-corruption institutions. That is why the authors try to use the most optimal methodology that would be able to ensure the comprehensiveness and completeness of the study: phenomenological; the descriptive; the hypothetic-deductive; the statistical; and the method of case law analysis. It is proposed to analyze the anti-corruption powers of general competence authorities in the sphere of anti-corruption. The authors analyzed the powers of specialized anti-corruption authorities' functioning: the National Agency on Corruption Prevention; the National Anti-Corruption Bureau; the National Agency for finding, tracing, and management of assets derived from corruption and other crimes; the Specialized Anti-Corruption Prosecutor’s Office and the High Anti-Corruption Court. The conclusion is drawn that, realizing the need of the anti-corruption task, the state has developed an extensive and relatively closed system of specialized anti-corruption authorities. Almost all bodies of state power and local self-government have acquired certain anti-corruption competencies. The authors made conclusion that such dispersion of powers, and in some cases their duplication, does not simplify, but rather complicates the effectiveness of combating corruption.
Purpose This paper aims to illustrate how virtual assets are used in such criminal offenses as money laundering and seeks to study the role of financial intelligence (monitoring) of transactions with virtual assets effectively in combating money laundering. Design/methodology/approach This research methodology includes system and structural methods that help analyze the theoretical, organizational and legal bases of the financial intelligence (monitoring) of transactions with virtual assets. The authors use the doctrinal legal research approach to analyze and describe the legislation connected to the financial intelligence (monitoring) operations with virtual assets. To identify critical issues of understanding the “virtual assets” and “cryptocurrency” essence, the peculiarities of the scientific community views on the given definitions, the authors use the method of terminological analysis and concepts operationalization. The authors use the extrapolation method to determine the possibility of implementing the analyzed best practices of foreign countries in the domestic practice of financial intelligence (monitoring) of transactions with virtual assets as an effective way in combating money laundering. Findings This study demonstrates the role of financial intelligence (monitoring) of transactions with virtual assets as an effective way to combat money laundering. Originality/value The article is devoted to comprehensively studying “virtual assets” and “cryptocurrency” concepts. The authors carried out a comparative analysis of these two concepts with the definition of their features and the main characteristics and features that separate them from each other. The authors also stressed the need for countries to strengthen the requirements for situations and activities with virtual assets, where there is a high level of risk in a risk-based approach.
Purpose The purpose of the article is to analyze the notion of “financial intelligence (monitoring)” in the system of combating money laundering and compare foreign financial intelligence units. Money laundering poses a systemic risk to the financial and economic spheres, as well as to the national security of all countries. Financial monitoring should be pointed out while analyzing the issue of overcoming and preventing money laundering. It serves as one of the most sovereign remedies in the system of counteracting money laundering to minimize and effectively combat organized criminality and money laundering. The high level of development of the shadow economy, corruption, ineffectiveness of regulatory and legal support, as well as duplication of functions of individual authorities have become prerequisites for the financial monitoring system formation. Design/methodology/approach The theoretical and legal principles of financial monitoring in the system of counteraction to money laundering using the system-structural method were analyzed. The application of this method allowed to systematize the basic provisions on financial monitoring and the principles of its implementation. The system-structural method was used combining with the method of terminological analysis and operationalization of concepts. This method was used to identify key problematic aspects of understanding the financial monitoring essence, the peculiarities of the scientific community views on the definition of “financial intelligence,” “financial intelligence unit.” The method of analysis and synthesis in their systemic combination, as well as the ascent from the abstract to the concrete, was directly used to determine the impact of money laundering on the financial and economic security of Ukraine in the context of globalization. The extrapolation method was used to determine the possibility of implementing the analyzed existing world experience in the domestic practice of financial monitoring as an effective way to combat money laundering. The method of creating a theory was used to generalize the results of the research, to find general patterns for the objects being studied. The comparative method was used for comprehensive comparative research. Findings The development of money laundering and terrorist financing is one of the main challenges facing each state in the context of financial globalization. This is because the owners of untaxed income are trying to give them a lawful origin. The so-termed “criminal proceeds” pose a threat not only to the economy of any state but also to the national system. In turn, the low level of the financial system controlling instrument is conducive to the accelerated criminally obtained income transfer, which leads to the development of the shadow economy. Originality/value The authors recognized the most appropriate interpretation of the term “money laundering.” This is the process of transforming illegally obtained income into legal, ie legal income. The purpose of such a transformation is to conceal the original source of “criminal proceeds” and eliminate their traces. However, it should also be emphasized that the term “money laundering” also applies to such financial transactions that form a certain asset as a result of “criminal acts” (in particular, corruption).
The rapid information system development leads to the emergence of completely new technologies. For solutions to issues related to artificial intelligence, experts in various fields of research are making great efforts. This is due to the fact that in the next 50 years, according to scientists, the achievements in the field of artificial intelligence will almost completely replace people and will perform most of the work that they are currently doing. At the same time, according to the fact of the rapid development of innovation and intellectual spheres, it should be noted that artificial intelligence could fundamentally affect the fundamental concepts of their development. At present, we observe that artificial intelligence can be used not only for scientific purposes but also directly for the creation of new objects, works. However, there is no unanimity as to whether or not such work will belong to intellectual property. In the article, it was identified that there is an urgent need for the active development of information technology, regulatory support, and legal regulation of issues related to artificial intelligence. It also was analyzed the provisions for quality new digital authorship, according to which artificial intelligence will independently create works that will be identical and will not be different from the works of the author. It is suggested to consider two key approaches to the works and to divide them into two categories: works created directly by artificial intelligence and work created using (using) artificial intelligence and having fundamentally different provisions. In the article, it was also discussed the term “electronic person”. It will have a legal personality which will give an opportunity to determine it as an individual subject of legal relation – in the given case – author. Keywords: author, intellectual property, scientific progress, intellectual property object, artificial intelligence.
The article is devoted to comparative legal research of cybercrime as a threat to the national security of the Baltic States and Ukraine. The purpose of the scientific article is to study the systems of criminal legislation in the part of cybercrime in the Baltic States and Ukraine, to determine the public danger of cybercrime, as well as to study ways of countering this criminal category. The object of research is cybercrime as a criminal and legal category. The subject of the study is the peculiarities of combating cybercrimes in the Baltic States and Ukraine, and carrying out a comparative analysis of their criminal legislation. The authors analyze the essence of the concept of cybercrime and identify the main types of cybercrime that are committed most often. Thus, in this article, "cybercrime" means any crime committed with the help of information technologies or in the information space. Special attention is focused on cybercrime in the Baltic States, in particular Latvia, Lithuania, and Estonia. The main types of cybercrimes, the responsibility for the commission of which is provided for by Chapter XVII of the Criminal Code of Ukraine, are described. The Convention on Cybercrime was considered, and it was determined which norms should be implemented in the legislation of the Baltic countries and Ukraine. It was determined that the issue of countering cybercrime in the Baltic States. The main threats, prevention, and countermeasures against cybercrimes in the Baltic States and Ukraine and the main features of international and legal cooperation with cybercrimes within the framework of the European Union are outlined. It was concluded that in order to combat crimes committed with the use of modern information technologies in Ukraine, it is necessary to constantly increase the security of information systems, develop modern information technologies, improve legislation in the field of information crimes, develop competitive means of informatization, expand international cooperation in the field of safe use of information resources.
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