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1

Criminal Legal Characteristics and Their Objective Features in the Illegal Trade of Pornographic Items Based on Legislation of Foreign Countries

100%
Kuznetsov V.
Internal Security
|
2013
|
vol. 5(1)
137-146
EN
In the modern conditions of development of Poland and Ukraine the problem of criminal and legal protection of the moral foundations of society from the crimes related to the illegal trade of pornographic items is of high importance. Due to this, the article examines the criminal provisions in respect of liability for actions related to the illegal trade of pornographic items in the legislation of 27 foreign countries and Ukraine. The author has used specific scientific methods of cognition (comparative legal method, methods of modeling, monitoring, system method, mathematical method, etc.) and identified the features of the object and objective of relevant offences. The study also examines international acts that contribute to the legal protection of the whole of society and individuals from the dissemination of pornography, especially child pornography. Based on the study of the regulatory framework, and taking into account theoretical works, the author suggests improvements to the criminal law. The article presents conclusions, which state that the Ukrainian approach is not typical of the Criminal Codes analyzed of the foreign countries as determining the typological object of offences related to the illegal trade of pornographic items as they do not combine public order and morality. The criminal laws of Poland and Korea have great potential for the improvement of our approach; they combine sexual freedom and morality (sexual morality) when determining the typological object of offences related to the illegal trade of pornographic items. The paper also emphasizes the need to implement the provisions of the Convention for the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, in particular, to criminalize the organization of access to child pornography as a new form of crime.
2
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Criminological Characteristics of Organized Environmental Crime in the Russian Federation

100%
Vladimirovna Rednikova T.
Internal Security
|
2018
|
vol. 10(2)
97-106
EN
Throughout the world, modern environmental crime is characterized by the emergence of new forms of criminal behavior, improving ways of committing crimes and steadily increasing participation of organized criminal groups and communities in their commission. Nowadays, organized environmental crime along with environmental terrorism constitute a significant security threat. The distinctive features of organized environmental crime include: longevity and stability of a criminal organization, which in most cases effectively manages a complex of criminal activities from the organizational and economic point of view, and also has the ability to minimize the risks arising in this connection, long-term planning of activities, involving individuals and commercial structures, building criminal networks. Another characteristic feature is its focus on the market (including the illegal one). The organized groups often engage in criminal activities in various areas, committing environmental and economic and other types of crimes, while the corruption component is an integral feature of them. Organized transnational environmental crime carries out its activities in such key areas as illegal trade in rare and endangered species of wild fauna and flora and their derivatives, illegal logging and trade in illegal timber, illegal turnover of waste including illegal transportation, storage, discharge and burial, transboundary movement of hazardous waste, illegal fishing. Law enforcement and law enforcement agencies of various states pooling their efforts to curb ecologically criminal behavior, neutralizing all stages of the crime: planning, illegal extraction of resources, transportation, marketing, laundering of proceeds from crime play an important role in combating organized environmental crime. Eliminating the economic basis of the activities of criminal groups, reducing their profitability, is the key to success in combating it. Improvement of international legislation for development will create an integrated system of measures to counteract organized environmental crime at the level of individual states and ensure unification of national legislative systems in terms of terminology, compositions, and sanctions applied for the commission of environmental crimes by organized groups.
3

Z problematyki przestępczości zorganizowanej w prawie francuskim

100%
Brzezińska J.
Nowa kodyfikacja prawa karnego
|
2016
|
vol. 39
13-29
EN
The purpose of this article is to characterize organized crime from the perspective of French law in three aspects. As the first one, was presented the analysis of the definition of the studied phenomenon, noting that its penalization in French law took place just in 2004. Next, criminal behavior connected with the organized crime was identified and systematized in the following categories: illegal trade, financial crimes, cybercrimes. The third area of analysis covers the indication of a catalogue of measures undertaken in order to fight against the subject pathology. In the conclusions it was underlined that taking into account the heterogeneous character of organized crime and the new methods of its spreading, it is impossible to completely eliminate this phenomenon, as well as minimize it, for the above mentioned reasons, may present significant difficulties.
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