Видання зареєстровані авторами шляхом самоархівування
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Item Corruptive incomings laundering in the medical sphere(ALUNA Publishing, 2021) Рєзнік, Олег Миколайович; Rieznik, Oleh Mykolaiovych; Бондаренко, Ольга Сергіївна; Bondarenko, Olha Serhiivna; Уткіна, Марина Сергіївна; Utkina, Maryna Serhiivna; Горобець, Надія Сергіївна; Horobets, Nadiia SerhiivnaThe aim: Characteristic of corruptive incomings laundering in the medical sphere and research of components for counteraction to this phenomenon. Materials and methods: Some methods were used to ensure the completeness and complexity of scientific research: dialectical, formal, legal, epistemological, and system-structural methods. Conclusions: It was concluded that corruptive incomings laundering in the medical sphere is becoming commonplace. New ways, means, and schemes for the commission of this crime are appearing. The authors analyze the main methods for corruptive incomings laundering in the medical sphere: during the purchase of medicines and medical equipment, during the procurements of medical preparations and medical equipment, building restoration and renovation, where health care facilities are located, price-fixing and gifting of chief medical officers. A comprehensive system of organizational, legal, and economic measures must be formed that will provide effective counteraction to the corruptive incomings laundering in the medical sphere.Item Legal framework for the implementation of the “GREEN” economy policy in Ukraine(RiK-U, 2025) Горобець, Надія Сергіївна; Horobets, Nadiia Serhiivna; Рєзнік, Олег Миколайович; Rieznik, Oleh MykolaiovychThe article is devoted to the study of the regulatory framework for the implementation of the “green” economy policy in Ukraine in view of the current state of legal regulation of this area. The methodological basis of the research is the formal-logical and formal-dogmatic methods. It is determined that the development of the “green” economy in Ukraine is a strategically important task for ensuring sustainable development, preserving natural resources and improving the quality of life in the country. This task is especially relevant in the context of the post-war reconstruction of Ukraine, which must comply with the European green and digital agenda. The concept of the “green” economy and its relationship with the concept of “green” growth are studied. It is noted that the basis of the “green” economy is green technologies aimed at eliminating the causes of environmental problems. It is established that Ukraine’s international obligations to comply with global environmental standards are a crucial element in forming the principles of the “green” economy policy, which are enshrined in acts of national legislation. The main legislative acts covering various aspects of the “economy” policy, in particular environmental protection, energy efficiency, waste management and other areas, are considered. It is concluded that the above-mentioned acts adopted by 2022 emphasize the need to reduce the negative impact on the environment. Attention is draw to the updating of legislation in the field of the “green” economy during martial law in Ukraine. It is noted that an important role in consolidating the legal foundations of the implementation of the “green” economy policy belongs to strategic documents. In particular, attention is focused on the Sustainable Development Goals of Ukraine by 2030, the adoption of which was an important step in the transformation of the institutional mechanism of the “green” economy of the state. A conclusion is made about the further transformation of the legal foundations of the implementation of the “green” economy policy.Item Artificial intelligence technologies in banking: challenges and opportunities for anti-money laundering in the context of EU regulatory initiatives(Emerald Publishing Limited, 2025) Горобець, Надія Сергіївна; Horobets, Nadiia Serhiivna; Рєзнік, Олег Миколайович; Rieznik, Oleh Mykolaiovych; Maliyk, V.; Vyhivskyi, I.; Bobrishova, L.Purpose AI capabilities enable banks for more effective anti-money laundering (AML). Regulatory initiatives, including the Sixth Anti-Money Laundering Directive (AMLD6) and the AI Act, impose various requirements on AI-systems developers and users. Therefore, this paper aims to discuss the challenges banks face in the AML framework when implementing AI-systems, as well as the need to balance legal compliance with AI’s technological potential. Design/methodology/approach The discussion on the challenges of AI adoption in banking, considering regulatory initiatives and the search for balance between legal constraints and AI’s technological capabilities, is based on a critical approach. Findings The AI Act provides developers and users with clear requirements and obligations to minimize the negative consequences of AI development. The rapid pace of digital transformation underscores the need for effective global AML standards. Despite ongoing advancements in AI regulation and AML efforts, the challenge of aligning legal requirements – particularly in terms of explainability, confidentiality, impartiality and data security of AI-systems – with the AI’s technological capabilities in the banking sector remains unresolved. The necessity for the EU to develop specific regulations for AI use in finance has been emphasized. Originality/value The paper highlights the key challenges in balancing regulatory compliance with the AI’s technological capabilities used by banks to detect transactions potentially related to money laundering. The focus is placed on current regulatory initiatives, as well as the experience of leading countries in implementing AI-based AML tools.Item Different legal approaches to the regulation of surrogacy in Ukraine and Baltic States(University of Warsaw, 2022) Горобець, Надія Сергіївна; Horobets, Nadiia Serhiivna; Yakushchenko, Yu.The paper examines legal approaches to regulating surrogacy in Ukraine, Lithuania, Latvia, and Estonia. The research was successfully initiated by highlighting empirical data demonstrating an increase in the number of infertile couples and, accordingly, the growth of the surrogacy market, which confirms the relevance of this issue. The authors clarified the content of the concepts of “assisted reproductive technologies” and “surrogate mother”. The historical aspects of the emergence and development of surrogacy globally and the attempts at its legal regulation at the state level have been revealed. The authors reviewed the main provisions of legal acts regulating surrogacy in Ukraine, Lithuania, Latvia, and Estonia. It was found that the legal regulation of surrogacy was consolidated in Ukraine earlier than in the Baltic countries. In Ukraine, surrogacy is allowed only for spouses for medical reasons, the list of which is enshrined in legislative acts, while foreigners have access to such services. It was found that altruistic and commercial surrogacy is prohibited in Lithuania. The legal provisions make it impossible to enter a surrogate agreement, even if it could be concluded. It has been established that surrogacy is not directly regarded as a crime under the criminal law of Lithuania. It is emphasized that commercial surrogacy is indirectly prohibited in Latvia, but heterosexual couples and infertile single women can seek medical help for procreation. In Latvia, the criminal legislation does not directly provide for the criminal liability for surrogacy arrangements. It is determined that the Estonian legislation provides married and single women with access to medical care if there are medical indications for reproductive treatment but provides for criminal liability for gestational surrogacy. It is concluded that the legislation of Ukraine is favorable for surrogacy. In contrast, in the Baltic countries, the opposite approach is due to such risks as human trafficking, exploitation of women, commercialization of children, etc.Item Subjects of attracting and using international military aid in Ukraine(Visegrad Journal on Human Rights, 2024) Горобець, Надія Сергіївна; Horobets, Nadiia SerhiivnaThe article is devoted to clarifying the subject composition of the involvement and use of international military aid in Ukraine. It was determined that the relevance of studying this issue is due to the need to minimize corruption risks during the involvement and use of international military aid, as well as to ensure the transparency of these processes in order to build trusting legal relations between Ukraine and the countries that provide such aid. Given the lack of comprehensive research on this issue, the basis of the study is the legislative and by-laws of Ukraine, which define the powers of the entities that participate in the involvement and use of international military aid. It was found that until 2024, despite 2 years of war, the concept of “international military aid” was absent in the legislation of Ukraine, which made it possible and complicated to develop and approve the procedure for attracting and using international military aid. It was emphasized that with the adoption by the government of Resolution No. 168 on February 13, 2024, the powers and limits of responsibility of the subjects of the general (the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine) and special (the National Security and Defense Council, the Ministry of Defense of Ukraine, the Armed Forces Forces of Ukraine) competence in the field of attraction and use of international military aid. It was concluded that, in practice, the above-mentioned subjects’ implementation of their powers will contribute to the transparent receipt, distribution of such aid, its targeted use, and the preparation of appropriate reporting for partner countries.Item Digital Markets Dynamics and Ethical Considerations of Online Drug Sales via Cryptomarkets(Uphills Publishers LLC, 2024) Горобець, Надія Сергіївна; Horobets, Nadiia Serhiivna; Рєзнік, Олег Миколайович; Rieznik, Oleh Mykolaiovych; Riamzina, A.; Samsin, R.; Денисенко, Сергій Іванович; Denysenko, Serhii IvanovychThe article is devoted to a topical topic – the analysis of a new way of selling drugs via the Internet and using cryptocurrency. In the article, the authors analyzed the Internet as a medium for drug trafficking; the composition of the criminal offense, which consists of the illegal sale of drugs; the social conditionality of criminalization of drug trafficking via the Internet; trends in the use of cryptocurrencies for drug trafficking; money laundering from drug trafficking through cryptocurrencies and measures to combat drug trafficking online and through cryptocurrency. It is emphasized that the appearance of this way of selling drugs is due to the development of technologies and their undoubted advantages, which criminals, from small fraudsters to criminal groups, adapt to carry out illegal activities. The number of people who buy illegal drugs on the dark web is gradually increasing; more and more buyers prefer to pay with cryptocurrency, and criminals are trying to legalize the proceeds of drug crime through the crypto market. All this indicates the increased social danger of such drug trade compared to other forms of their sale due to significant profits, the involvement of a large number of consumers, and direct and hidden effects on the growth of a country: public health issues, organized crimes, security concerns, etc. However, the fight against drug trafficking on the Internet and with the use of crypto-currency has not been properly regulated at the national and international levels. Considering this to fight against such actions effectively, the following is necessary today: an official definition of the status of cryptocurrency in legislation and the development of new methods, tactics, and technologies for the investigation of crimes. Drug business on the Internet and through cryptocurrencies, which will consider the latter's peculiarities and will be constantly updated in accordance with the pace of evolution of digital currencies; establishment of cooperation of cryptocurrency exchanges, financial institutions, regulators, law enforcement agencies, and technology providers.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.Item Problem aspects of interaction of law enforcement authorities in the field of countering money laundering(Universidad de la Amazonia, 2021) Рєзнік, Олег Миколайович; Резник, Олег Николаевич; Rieznik, Oleh Mykolaiovych; Бондаренко, Ольга Сергіївна; Бондаренко, Ольга Сергеевна; Bondarenko, Olha Serhiivna; Горобець, Надія Сергіївна; Горобец, Надежда Сергеевна; Horobets, Nadiia Serhiivna; Костенко, Андріана Миколаївна; Костенко, Андриана Николаевна; Kostenko, Andriana Mykolaivna; Назаров, Микола Сергiйович; Назаров, Николай Сергеевич; Nazarov, Mykola SerhiiovychOne of the biggest obstacles to maintaining an effective international financial system is money laundering. Money laundering is also extremely difficult to investigate and prosecute. The latter task is entrusted to law enforcement agencies. The purpose of the article is to characterize the problematic aspects of law enforcement cooperation in the field of combating money laundering in Ukraine and finding optimal ways to solve them. During the study, the authors used the following methods: dialectal, terminological analysis and operationalization of concepts, analysis and refinement, analysis, and synthesis, sociological and statistical. The article emphasizes that the normative sources of ways of interaction between law enforcement agencies in the field of combating money laundering are set out in a rather fragmentary manner, without any specifics regarding the specific boundaries, scope of cooperation. This situation inevitably leads to various kinds of abuse and conflict. In our opinion, given the importance of the task of combating money laundering, the main task is to clearly regulate the ways and methods of cooperation between law enforcement agencies in this area and the introduction of administrative liability for failure to take measures or evasion of such cooperation.Item Features of criminal liability of a medical professional for failure to perform or improper performance of their professional duties in Ukraine(Aluna Publishing, 2020) Бондаренко, Ольга Сергіївна; Бондаренко, Ольга Сергеевна; Bondarenko, Olha Serhiivna; Рєзнік, Олег Миколайович; Резник, Олег Николаевич; Rieznik, Oleh Mykolaiovych; Думчиков, Михайло Олександрович; Думчиков, Михаил Александрович; Dumchykov, Mykhailo Oleksandrovych; Горобець, Надія Сергіївна; Горобец, Надежда Сергеевна; Horobets, Nadiia SerhiivnaThe aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker. That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.