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TRENDS IN EUROPEAN COUNTERING ORGANIZED CRIME, DEALING WITH THEFT OF ANOTHER'S PROPERTY

Annotation

The trends in European counter organized crime, dealing with theft of another's property. We consider the criminal legislation of a number of States, the effectiveness of its provisions in accordance with modern law enforcement. Conclusions and suggestions for optimizing the use of the experience of European countries to combat organized crime, dealing with theft of another's property made. A comparative legal analysis of stealing of other people's property and the ways in which it occurred enshrined in the law of foreign countries, allows us to formulate some conclusions. Currently, the only valid objective criteria for inclusion to the category of minor thefts may be only the value of stolen someone else's property and qualification composition acts for which may be incurred administrative responsibility. Breach of trust in many states is an independent corpus of provided damage, including embezzlement, as his methods that eliminate the problem of delimitation of fraud related offenses. The trend of increasing fraud attacks in countries with a prosperous market economy led foreign legislator a number of foreign countries, the actual recognition of cheating the main feature of the objective side, the definition and design of fraud as truncated. It is appropriate to use as a form of punishment for theft of fines in the amount of several times the value of illegally seized property. Existing diversity of ways of committing various forms of theft of another's property, and the lack of generalizing their definition in the criminal legislation of many foreign countries support the conclusion that the description of behaviors as criminal case may not be integrated in the criminal justice system in Russia, with its doctrine of the offense. However, identifying new ways of theft on the basis of the study of foreign criminal law allow us to formulate a meaningful definition of bulk and “theft”, which is being legislated and optimally reproduced in the text of the criminal law, specifically remove the extant problems of domestic law enforcement. The proposed measures are aimed at optimization combat theft, increasing the effectiveness of countering this type of crime, the continuity of the rulemaking, standardization of norms of Russian and foreign criminal laws at the present stage.

Keywords

European trends counter organized crime; theft of another's property; directions of penal policy; organized crime

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UDC

343.9.022

Pages

230-233

References

1. Ansel' M. Metodologicheskie problemy sravnitel'nogo prava // Ocherki sravnitel'nogo prava. M., 1991. 2. Marchenko M.N. Teoriya gosudarstva i prava. M., 1996. 3. Babaev V.K. Teoriya prava i gosudarstva. M., 2001. 4. Ugolovnyy kodeks Frantsii. SPb., 2002. 5. Krylova N.E. Osnovnye cherty Ugolovnogo kodeksa Frantsii. M., 1996. 6. Ugolovnyy kodeks FRG. SPb., 2003. 7. Ugolovnyy kodeks Shveytsarii. SPb., 2002. 8. Ugolovnyy kodeks Gollandii. SPb., 2001.

Received

2015-03-02

Section of issue

Civil society and state

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