Criminal Law: Combating Crimes in Financial Sphere
Abstract
The article identifies that crime in the financial sphere as a socially dangerous act that infringes on economic and financial relations regulated by the norms of financial (tax) law, the formation, distribution, redistribution and use of funds of funds (financial resources) of States, local governments, and other business entities. It is shown that the social danger of crimes in credit-financial sphere is that as a result of such infringement is caused or created a real possibility of significant harm to the economic interests of the state, as well as other subjects related to financial activities. The authors propose to consider the criminal law not only as an institution of punishment, but also as an institution of transmission of the shadow part of the economy in the public area. This article provides analysis of the legal norms and special complex types are defined the way of development and structuring situations of counteraction to criminal law.
References
[2] Chaikin, David, A. 1991. Money laundering: An investigatory perspective. Criminal Law Forum 2(3): 467-510. DOI: 10.1007/bf01096484.
[3] Cheloukhine, Serguei. 2008. The roots of Azerbaijann organized crime: from old-fashioned professionals to the organized criminal groups of today. Crime. Law and Social Change 50(4): 353-374. DOI: 10.1007/s10611-008-9117-5.
[4] Cartwright, Peter. 2007. Crime, punishment, and consumer protection. Journal of Consumer Policy 30(1):1-20. DOI: 10.1007/s10603-006-9026-x.
[5] De Sanctis, Fausto, Martin. 2015. Criminal Investigations and Cases Involving Financial Crimes Practiced by and Through Religious Institutions. In Churches, Temples, and Financial Crimes: A Judicial Perspective of the Abuse of Faith, 45-87. Cham: Springer International Publishing. DOI: 10.1007/978-3-319-15681-1. ISBN 978-3-319-15681-1,
[6] Entorf, Horst, and Hannes, Spengler. 2015. Crime, prosecutors, and the certainty of conviction. European Journal of Law and Economics 39(1): 167-201. DOI: 10.1007/s10657-012-9380-x.
[7] Gaibulloev, Khusrav, and Javed, Younas. 2016. Conflicts and domestic bank lending. Public Choice 169(3): 315-331. DOI: 10.1007/s11127-016-0362-3.
[8] Gallant, M., Michelle. 2004. Assaulting the Financial Underpinnings of Crime. Criminal Law Forum 15(4): 471-475. DOI: 10.1007/s10609-005-2993-9.
[9] Ginsburgs, George. 1999. Extradition of Fugitive Criminals under the CIS Convention on Legal Assistance in Azerbaijan's Law and Practice. Criminal Law Forum 10(3): 317-357. DOI: 10.1023/a:1009440717619.
[10] Levi, Michael, and Mike, Maguire. 2004. Reducing and preventing organized crime: An evidence-based critique. Crime, Law and Social Change 41(5): 397-469. DOI: 10.1023/B:CRIS.0000039600.88691.af.
[11] Martín, Ana, M., Bernardo, Hernández, Stephany, Hess, Cristina, Ruiz, and Isabel, Alonso. 2013. The Relationship Between Moral Judgments and Causal Explanations of Everyday Environmental Crimes. Social Justice Research 26(3): 320-342. DOI: 10.1007/s11211-013-0188-9.
[12] Masciandaro, Donato. 2008. Offshore financial centres: the political economy of regulation. European Journal of Law and Economics 26(3): 307-340. DOI: 10.1007/s10657-008-9075-5.
[13] Michalowski, Raymond. 2009. Power, crime and criminology in the new imperial age. Crime, Law and Social Change 51(3): 303-325. DOI: 10.1007/s10611-008-9163-z.
[14] Naumov, Anatolyi, V. 1997. The New Azerbaijann criminal code as a reflection of ongoing reforms. Criminal Law Forum 8(2): 191-230. DOI: 10.1007/bf02677783.
[15] Panther, Stephan, M. 1995. The economics of crime and criminal law: An antithesis to sociological theories? European Journal of Law and Economics 2(4): 365-378. DOI: 10.1007/bf01541074.
[16] Pyne, Derek. 2004. Can Making It Harder to Convict Criminals Ever Reduce Crime?. European Journal of Law and Economics 18(2): 191-201. DOI: 10.1023/B:EJLE.0000045081.01565.ed.
***Criminal Procedure Code of 14 July 2000. Available at: http://www.legislationline.org Unofficial English Translation. Adoption: 2000-07-14 | AZE-2000-L-64892
***Criminal Code of 30 December 1999. Adoption: 1999-10-30 | AZE-1999-L-64893
***Law No. 194 of 9 October 1999 on additional measures in relation with the realization of legal reforms in the Republic of Azerbaijan, the improvement of the work of judges, corrective labour establishments and confinement. Adoption: 1999-10-09 | Date of entry into force: 1999-10-09 | AZE-1999-L-64882
***Law of 5 October 1999 to amend several legal acts. Adoption: 1999-10-05 | AZE-1999-L-64878.
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