Insider Trading in the Global Economic Environment: Elements of Criminal Liability

Kamensky, Dmitriy; Dudorov, Olexandr; Мовчан, Р.О.; Вознюк, Андрій Андрійович; Makarenko, Tamara

doi:10.34218/ijm.11.12.2020.154

Cited by 6 publications

(2 citation statements)

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“…Despite a few positive examples of integration into global capital markets (in particular, the recent provision with the access to the Ukrainian state bonds for foreign investors via the Clearstream international depository and also admission of the U.S. Treasury Bonds and Apple stocks into Ukraine), Ukrainian stock market has been plagued by significant distortions and imbalances, it remains underdeveloped and unattractive for both domestic and foreign investors. This is clearly evidenced by economic data collected in the course of the past several years (Kamensky et al, 2020(Kamensky et al, , p. 1680.…”

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confidence: 92%

Stock Market Manipulation as a Complicated White-Collar Crime: American and Ukrainian Approaches

2023

PHELR

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The article deals with the separate problems of the formation, interpretation and improvement of the provisions of domestic and American legislation on criminal liability for manipulation on the stock market. An author's attempt was made to determine the role of the criminal law in ensuring the proper functioning of the stock market. The main economic factors of the criminalization of actions consisting in manipulation on the stock market have been clarified. In the context of state mechanisms for regulating relations in the market economy, relevant regulatory provisions in Ukraine, the USA, and separately in the European Union are analyzed. Emphasis is placed on the legislation and law enforcement practice of the USA as the country that historically has the greatest practical experience of combating prohibited manipulative practices on the stock market.According to the results of a critical comparison of the norms of the Criminal Code of Ukraine on stock market manipulation with the corresponding American ban, the casuistic nature and ambiguity of the content of the former was revealed. It was established that special regulatory legislation does not improve the situation on the markets, but on the contrary, creating legal uncertainty, repels potential investors in securities.It was also concluded that the current version of the CC regarding manipulation on the securities market is casuistic (a general meaning is given to an individual case without proper generalization), vague (which is an inevitable consequence of overly imprecise wording) and difficult to understand (confusing). The correct direction of de lege ferenda is recognized as a radical simplification of the criminal law, with observance of both established traditions of domestic legislative technique and effective practices of regulation of stock market relations in economically developed countries.

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confidence: 92%

Stock Market Manipulation as a Complicated White-Collar Crime: American and Ukrainian Approaches

2023

PHELR

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“…The accuracy rate is 91%, and the accuracy rate for normal enterprise prediction is 96%, which is slightly better than the discriminant analysis model. So far, the research on financial early warning in China is not very sufficient, and it is basically in its infancy [ 14 – 17 ]. Among the scholars who studied, most of them introduced foreign theories in terms of research in their own countries.…”

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confidence: 99%

Construction of Enterprise Financial Early Warning Model Based on Logistic Regression and BP Neural Network

Lyu

2022

Computational Intelligence and Neuroscience

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At present, the number of enterprises in financial crisis in China is rising sharply, and the ability of enterprises to resist risks is generally weak. Therefore, it is necessary to establish a corporate financial crisis early warning system, to detect the signs of corporate financial crisis before it arrives and to inform managers in advance, so that effective measures can be taken as soon as possible to eliminate hidden dangers. This paper selects the two-year data of 40 companies from 2017 to 2019 as training samples and the data of 20 companies as prediction samples. After testing, 12 index variables that can reflect the financial problems of energy companies are finally selected as the basis for modeling. Then, we use Logistic and BP neural network modeling, respectively, to study and compare the data from 2017 to 2019 to predict the financial risk in the following year. The results show that the BP neural network model in the two models is better than the Logistic model in terms of fitting degree or prediction accuracy for enterprise financial early warning. Therefore, the BP neural network model has a better effect and is more suitable for the practical application of enterprises in China.

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An analytical study of the criminal liability for founders of joint-stock companies

Kameel

Alkrisheh

Shiyab

2021

CGOBR

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Due to the importance of commercial enterprises to economic development, the UAE legislature has sought to carefully regulate them, including providing guarantees to prevent manipulation by founders during the incorporation period. This article focuses on the criminal liability of founders of joint-stock companies in Emirati law and clarifies the actions that result in criminal liability for founders of joint-stock companies. The article approaches the topic by first defining a founder and the qualifications they must possess. Then, the article discusses the crimes and the rulings related to the crimes committed during the incorporation of a joint-stock company (Kamensky, Dudorov, Movchan, Vozniuk, & Makarenko, 2020). This is done by analyzing the relevant laws, including the UAE Commercial Enterprise Law (Number 2 of 2015). The article concludes that the Emirati legislature has defined the purpose of founders and provided the conditions that a person must fulfill to sign the initial contract to incorporate a company as a founder. Moreover, this study showed that the Emirati legislature has leaned towards issuing severe punishments for those who commit these crime

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Insider Trading in the Global Economic Environment: Elements of Criminal Liability

Cited by 6 publications

References 0 publications

Stock Market Manipulation as a Complicated White-Collar Crime: American and Ukrainian Approaches

Stock Market Manipulation as a Complicated White-Collar Crime: American and Ukrainian Approaches

Construction of Enterprise Financial Early Warning Model Based on Logistic Regression and BP Neural Network

An analytical study of the criminal liability for founders of joint-stock companies

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