Наукові видання (ННІП)

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  • Item
    Digital Currency as a Subject of Economic Criminal Offenses
    (University of Brasilia, 2022) Думчиков, Михайло Олександрович; Думчиков, Михаил Александрович; Dumchykov, Mykhailo Oleksandrovych; Горобець, Надія Сергіївна; Горобец, Надежда Сергеевна; Horobets, Nadiia Serhiivna; Honcharuk, V.; Дегтяр, Руслана Олександрівна; Дегтяр, Руслана Александровна; Dehtiar, Ruslana Oleksandrivna
    [Purpose] The article is devoted to an essential and relevant topic. The cryptocurrency market in Ukraine, as well as in the world, has been developing quite rapidly in recent years. At the same time, the legal status of digital currency in Ukraine has not been consolidated. As a result, digital currency is often used to commit economic crimes. To counteract this act, it is vital to "legalize" cryptocurrency as a type of money and clearly define the cases when it is the subject of a criminal offense. [Methodology/Approach/Design] The authors researched the general principles, approaches, and scientific research methods to properly develop the chosen topic used available philosophical methods and in particular legal ones. [Findings] The ability of cryptocurrency to be an essential attribute of the development of the information society and, at the same time, the subject of economic criminal offenses.
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    The essence and classification of cybercrime in the field of computer information
    (Universidad de la Amazonía, 2022) Думчиков, Михайло Олександрович; Думчиков, Михаил Александрович; Dumchykov, Mykhailo Oleksandrovych; Fomenko, A.; Yunin, O.; Пахомов, Володимир Васильович; Пахомов, Владимир Васильевич; Pakhomov, Volodymyr Vasylovych; Kabenok, Y.
    Cimes in the field of computer information have become pressing issue in society today. Its relevance is evidenced by news from around the world, criminal statistics, problematic issues in the science of criminal law, as well as problems in criminal proceedings. All this is due to the fact that as a phenomenon, crimes in the field of computer information belong to the very specific category that is constantly evolves technological progress. The purpose of the article is to study the phenomenon of crimes in the field of computer information, to define the concept of crimes in the field of computer information and types of these crimes, to provide general characteristics of crimes in the field of computer information, as well as to identify their classification. Various methods of scientific knowledge were used as a methodological basis for writing this article. In particular, comparison methods, analogies and generalization methods were used. In our time, cybercrime has spiraled out of the control of one state's law enforcement agencies and has become a significant interstate and transnational problem.
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    Criminological and forensic characteristics of forms of embezzlement committed through the use of information technology
    (Universidad de la Amazonia, 2021) Думчиков, Михайло Олександрович; Думчиков, Михаил Александрович; Dumchykov, Mykhailo Oleksandrovych; Yunin, O.; Nestor, N.; Borko, A.; Yermenchuk, O.
    The article's purpose is the criminological and forensic characteristics of the forms of embezzlement of funds by the use of information technology and international and foreign experience in combating this destructive phenomenon. The object of this article is the relationship that arises in connection with the implementation and counteraction to theft in the field of information technology. The authors used various methods of scientific cognition to write this work. In particular, historical, observation, generalization, comparison and analogy, statistical, analytical, and others. The article emphasizes that the emergence and rapid development of new information technologies do not always positively affect criminals because criminals can transform positive qualities into crime. In particular, crimes of embezzlement through the use of information technology are now widespread. This article has tried to provide a criminological description of the three main forms of cybercrime against money: carding, phishing, and embezzlement committed using NFC technology. In addition, emphasis was placed on the importance, role, tasks of computer and technical expertise in the investigation of embezzlement dedicated through the use of information technology. The importance of implementing international conventions and the positive experience of foreign countries in combating the embezzlement of funds committed through the use of information technology.
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    Review of the state anti-corruption institutions effectiveness in Ukraine
    (Universidad de la Amazonia, 2021) Бондаренко, Ольга Сергіївна; Бондаренко, Ольга Сергеевна; Bondarenko, Olha Serhiivna; Уткіна, Марина Сергіївна; Уткина, Марина Сергеевна; Utkina, Maryna Serhiivna; Думчиков, Михайло Олександрович; Думчиков, Михаил Александрович; Dumchykov, Mykhailo Oleksandrovych; Prokofieva-Yanchylenko, D.; Янішевська, Катерина Дмитрівна; Янишевская, Екатерина Дмитриевна; Yanishevska, Kateryna Dmytrivna
    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.
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    Issues of regulating cryptocurrency and control over its turnover: international experience
    (Universidad de la Amazonia, 2020) Думчиков, Михайло Олександрович; Думчиков, Михаил Александрович; Dumchykov, Mykhailo Oleksandrovych; Kononenko, N.; Batsenko, L.; Галенін, Роман Володимирович; Галенин, Роман Владимирович; Halenin, Roman Volodymyrovych; Глущенко, Наталія Володимирівна; Глущенко, Наталия Владимировна; Hlushchenko, Nataliia Volodymyrivna
    The article deals with an important and relevant topic –the definition of the concept and essence of cryptocurrencies, the study of the problems of their legal regulation, the rationale for control over their turnover, as well as the analysis of ways to counter money laundering that involves cryptocurrency. The authors emphasize that measures taken exclusively at the state level are not enough to create an effective, integrated and comprehensive system for regulating the legal status of cryptocurrencies. Therefore, international cooperation and the strengthening of cooperation between various states in the field of cryptocurrency regulation is important. The authors analyze the scientific doctrine regarding the essence of cryptocurrency. It was found out that there was no single approach to the definition of “cryptocurrency” among scientists. Moreover, cryptocurrencies in various laws of the world have different status. The authors used general scientific and special scientific methods, which provided an objective analysis of the purpose of the study. There search methods were used in interconnection and interdependence, which ensured the comprehensiveness and completeness of the research, as well as the validity of the obtained scientific results. The authors have determined states where cryptocurrency has an official status, is at the initial stage of legal regulation or completely prohibited at the state level. The relevance of the research consists in the actual absence of the legal framework for the regulation of cryptocurrencies, which is conditioned by the novelty of this phenomenon and the problems related to its functioning. The authors proposed their own definition of cryptocurrency based on its main features.