INFLUENCE OF THE MARTIAL LAW ON THE CAUSES AND CONDITIONS OF COMMITMENT OF CRIMINAL OFFENSES RELATED TO ILLEGAL USE OF BUDGET FUNDS
Author (s): Petrenko S.
Work place:
Petrenko S.,
Post graduate of the Department of Criminal,
Criminal and Executive Law and Criminology,
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0009-0009-6945-4485
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2023. № 2 (14): 7–18
https://doi.org/10.32755/sjcriminal.2023.02.007
The article addresses to the factors that affect crime. Attention is drawn to the determinants of crime in the budgetary sphere.
The organization of an effective crime prevention system in the field of illegal use of budget funds was and is one of the most pressing social problems of our country.
A large number of different criminological studies were devoted to the study of the determinants of budget crime, on the basis of which the state developed practical measures.
At the same time, the level of this type of crime does not decrease. Vice versa, as the statistical data of law enforcement agencies evidenced, numerous publications in mass media and investigations by journalists, the problem exists and remains relevant.
A new challenge for the law enforcement system, the state in general, was the beginning of the active phase of russia’s war against Ukraine and since the introduction of the legal regime of martial law.
In this regard, budget crime also underwent changes, creating new forms and means of committing it.
This, in turn, requires a study of the influence of martial law on the determinants of committing criminal offenses related to the illegal use of budget funds.
Key words: martial law, budget funds, crime, determinants, criminogenic factors, budget crimes, illegal use of budget funds.
References
- Medytskyi, І. B. (2007), The influence of social factors on crime in the conditions of the formation of an independent Ukrainian state : monograph, Ivano-Frankivsk.
- Ronald, V. C. Opportunity makes the thief. Really? So what?, available at: https://crimesciencejournal.biomedcentral.com/counter/ pdf/10.1186/2193-7680-1-3.pdf (accessed at 17 November 2023).
- The main socio-economic indicators of Ukraine for January 2022 (infographics), Bulletin of the State Statistics Service of Ukraine, available at: https://csrv2.ukrstat.gov.ua/operativ/infografika/2022/o_soc_ek_Ukr/ 01_2022_u.pdf (accessed at 17 November 2023).
- Ministry of Economy: GDP fell by 29.2 % at the end of 2022, available at: https://www.me.gov.ua/News/Detail?lang=uk-UA&id= b30e854d-b47d-4806-82ac-bb6daa87fa51&title=Minekonomiki (accessed at 17 November 2023).
- International aid to Ukraine exceeded 113 billion euros, available at: https://minre.gov.ua/2023/01/17/mizhnarodna-dopomoga-ukrayini-perevyshhyla-113-mlrd-yevro/ (accessed at 17 November 2023).
- Oliinyk, О. M. (2015), Prevention of illegal use of budget funds in the Armed Forces of Ukraine : PhD in Law Thesis, Kharkiv.
- Prudov, Yu. О. (2007), Financial and legal principles of social guarantees of military personnel in Ukraine : PhD in Law Thesis, Kyiv.
- Soskov, R. M. (2019), Criminological characteristics and prevention by the prosecutor’s office of crimes related to the illegal use of budget funds : PhD in Law Thesis, Dnipro.
- Ukraine (2012), On the decision of the National Security and Defense Council of Ukraine dated June 8, 2012 “On the New Edition of the Military Doctrine of Ukraine”: Decree of the President of Ukraine dated 08 June 2012 № 390/2012, available at: http://zakon4.rada.gov.ua/laws/ show/390/2012/paran12#n12. (accessed at 17 November 2023).
- Davydenko, L. M. (2004), Illegal entrepreneurship: a criminological study : PhD in Law Thesis, Kharkiv.
- Social protection of Azarov will “improve” according servicemen by renaming barracks to dormitories, available at: https://tyzhden.ua/u-azarova-pokrashchat-sotsialnyj-zakhyst-vijskovosluzhbovtsiv-perejmenuvanniam-kazarm-u-hurtozhytky/ (accessed at 17 November 2023).
- Hetmanets, О. P. (2009), “Directions for improving regulatory and legal provision of budget control”, Bulletin of Kharkiv National University named after V. N. Karazin. Series: Law, No. 841, Issue 1 (5), pp. 146–150.
- Bandurka, О. М. (2004), “Factors affecting the state of crime in the economy”, Ukraine’s path to economic security: materials of the scientific-practical conference (Kharkiv, 16–17 April 2007), Kharkiv National University of Internal Affairs, Kharkiv, p. 3.
- Rufanova, V. M. (2011), Criminological characteristics and prevention by internal affairs bodies of crimes related to the illegal use of budget funds : PhD in Law Thesis, Dnipro.
- Boiko, V. О. (2014), “Transition to a rational allocation of defense resources in capability-oriented defense planning”, Scientific works collection of the Military Strategist and Experiment Center, National University of Defense of Ukraine named after Ivan Chernyakhovskyi, No. 1, pp. 116–119.
- Boiko, А. М. (2008), “Corruption as one of the factors of modern economic crime in Ukraine”, Bulletin of the National Academy of the Prosecutor’s Office of Ukraine, No. 1, pp. 28–33.
- The Ministry of Defense bought food for the military at prices three times higher than retail prices, available at: https://glavcom.ua/country/ incidents/minoboroni-kupuvalo-kharchi-dlja-vijskovikh-za-tsinami-vtrichi-vishchimi-vid-rozdribnikh-zmi-903437.html (accessed at 17 November 2023).