Mykhalik O. Criminological characteristic and prevention of counterfeiting

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005093

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

11-12-2018

Specialized Academic Board

К 64.502.01

Аcademician Stashis Scientific Research Institute for the Study of Crime Problems

Essay

The thesis is devoted to the development of promising areas of prevention of the phenomenon of counterfeiting, which constitute crimes under Art. 199 of the Criminal Code of Ukraine. Based on the results of the theoretical and empirical research, a number of essential features of counterfeiting are highlighted, on the basis of which its concept has been developed. The analysis of quantitative and qualitative indicators of the studied criminal offenses: the level, structure, dynamics, latency, geography, "prices". The instability of the level of counterfeiting in Ukraine during 2013–2017 has been established. This is reflected in the decrease in the number of registered such crimes until 2013 and their significant increase over the period 2014–2016. It is stated that the level of these mercenary crimes reacts sharply to the deterioration of the socio-economic situation in the country and ill-conceived state fiscal policy. Distortion of the true level of counterfeiting contributes to its significant latent part, which according to empirical data reaches 87.5%. The counterfeiting structure is characterized by an almost equal ratio of such items as money and excise duty stamps. The most frequently forged hryvnia banknotes in denominations of UAH 200, less commonly US dollars in denominations of $ 100. and euro with a face value of 200 euros. Most often, counterfeit money comes true criminals in stores and commercial markets. The type of sale of counterfeit goods is dominated by the purchase of goods for counterfeit money and the sale of adulterated alcohol with fake excise duty stamps. The geography of such crimes is characterized by their uneven territorial distribution. The largest number of them was recorded in Kharkiv, Khmelnitsky and Transcarpathian regions, and the smallest - in Lugansk, Zhytomyr and Sumy regions of Ukraine. The “price” of a counterfeit is expressed in negative consequences for the state and society of a financial, economic, psychological and international legal nature. With the help of studying the socio-demographic, criminal law and moral-psychological characteristics of the persons who committed the economic crimes under study, a generalized criminological portrait of the personality of a modern criminal-counterfeiter was developed. It was classified according to the criterion of the type of dominant activity. This made it possible to single out several criminal species and their approximate share: the manufacturer (5%), the carrier (3%), the trafficker (malicious and situational - 3-5%), the universal view (85-90%). Counterfeiters related to manufacturers and hard-core distributors represent the greatest public danger. In the dissertation research criminological determination of counterfeiting has been studied, which consists of several groups of criminogenic factors: socio-economic, technological, organizational and managerial, regulatory and legal. It is stated that a special role in determining the crimes in question is assigned to victims of counterfeiting. They are given victimological characteristics, and also indicate the most common types of their victimization behavior. Counterfeiting prevention is based on modern progressive foreign experience in this field. Studied the practice of many developed Western countries and the former Soviet Union. A number of directions for the prevention of these crimes abroad were highlighted: interaction with Interpol; the creation of special law enforcement agencies; awareness-raising and other events organized by central banks; cooperation of central banks with criminal justice authorities and expert services; monetary reform. Prevention of counterfeiting is proposed to build through the implementation of both general social and special criminological measures. The general social warning is called the main one and includes the improvement of the state socio-economic, financial, monetary, fiscal policy, as well as the formation of a modern state anti-criminal ideology. Directions of special criminological warnings are classified by nature into: organizational, managerial, regulatory, technical and informational.

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