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The Magnitsky Law and the Rico SSRG International Journal of Economics and Management Studies Volume 8 Issue 7, 6-20, July, 2021 ISSN: 2393 – 9125 /doi:10.14445/23939125/IJEMS-V8I7P102 © 2021 Seventh Sense Research Group® The Magnitsky Law and The Rico Law - The Guarantee For The Fight Against Corruption And The Mafia In Bulgaria And The European Union - The Example of The Attempts To Steal Private Land Through Concession, Theft of Land And Theft of Land Through State Structures Lord Prof. PhD PhD Momtchil Dobrev-Halachev Scientific Research Institute Dobrev & Halachev.JSC., Sofia.Bulgaria Received Date: 17 May 2021 Revised Date: 22 June 2021 Accepted Date: 05 July 2021 Abstract - Lord prof PhD PhD Momtchil Dobrev- The fight against the mafia and corruption in Bulgaria Halachev and Prof. Mariola Garibova-DObreva and in the European Commission and the European Union developed 2006 “Theory of degree of democracy” and does not yield results because the mafia is at the highest “Theory of degree of justice / injustice /” based on their state and European level and does what it wants. This practice in court, prosecutor's office, state. Prof. Momchil mafia holds courts, prosecutors and all kinds of state Dobrev has been creating Theory of Corruption, "Theory institutions and the latter carry out its orders. of the Mafia," Theory of Mafia "," Financial Banking Resource Technological Mafia Materialism "since 2003" 1.1 Introduce the Problem The problem with the mafia and corruption in Bulgaria Keywords - Crise, mafia, corruption, Magnitsky law, and in the European Union and the European Commission RICO law, finance. is huge. We have repeatedly applied evidence of the scale . of this mafia. The basis of this mafia and corruption in Bulgaria and the European Union and the European I. INTRODUCTION Commission, Lord Prof. Momchil Dobrev, established in Lord Prof. PhD PhD Momtchil Dobrev-Halachev and 2001. Mafia Theory and Corruption Theory with all its Prof. Mariola Garibova-Dobreva developed 2006 "Theory manifestations. Based on these theories, Lord Prof. of degree of democracy" and "Theory of degree of justice" Momchil Dobrev also defines the formula of the mafia, the based on their practice in court, prosecution, state and formula of corruption. Based on these processes, Lord Prof. especially the practice of Prof. Mariola Garibova-Dobreva Momchil Dobrev created the Theory and Practice of as a judge for decades experience as such as a civil and Mafism, defining a formula of mafia, how it works, how it criminal judge and Prof. Momchil Dobrev participated as is organized, in whose interests it works at its expense. an observer in various types of elections. Prof. Momchil Corruption and the mafia in a country destroy Dobrev created 2001 Theory of Corruption and Theory of democracy, freedoms, human rights, the rule of law. As a Mafia and Theory and Practice of Mafia, which contribute result lor. Prof. Momchil Dobrev and Lady Prof. Marioal to clearing the Theory of the degree of democracy . Garibova-Dobreva also created "Theory of the Degree of In the year 2001 Lord Prof. Momtchil DObrev Democracy" and "Theory of the Degree of Justice / developed the Theory of the mafia and Theory of Injustice" as well as "Theory of Socio-Humanism" - a corruption. All the both theories has been developed by society that excludes the shortcomings of neoliberalism, analyzing the mafia and the corruption all over the wprld. globalism, wild market economy, and creates the In Bulgaria, germany, European Union, and other foundations of a NEW HUMAN SOCIETY based on countires. completely different principles, as well as economic and In the year 2010 Lord Prof. Momtchil Dobrev social, managerial and others. developed the ‘Theory of Mafiotismus’ as a new type of As a result of the struggle of Lord Prof. Momchil government oriented solely in the private interests of Dobrev against corruption and the mafia in Bulgaria and individuals and private institutions. the European Union and the European Commission since This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/) Momtchil Dobrev-Halachev / IJEMS, 8(7), 6-20, 2021 2011. Lord Prof. Momchil Dobrev experienced 9 / nine / corruption schemes in a country, its practices, schemes, attempted murders of him and his relatives. restrictions on human rights, in order to restore the rule of As a result and the only solution for the fight against law. corruption, Lord Prof. Momchil Dobrev sees only the At the moment, the fight is between crime and the rule application of the MAGNETIC LAW and the RICO LAW of law. When crime has reached its peak, corruption in the fight against this corruption and mafia in Bulgaria schemes, mafia practices rule in a society, and thus destroy and in the European Union and the European Commission. democracy, justice, the rule of law. 2. Research methods The scope of the Magnitsky Act allows the United States to impose sanctions on politicians, government Research methods of analysis, verification, control of all officials, their assistants, and administrations that violate factors in corruption and the mafia that affect a society for human rights and engage in widespread corruption. The its viability, the degree of democracy in that society, laws, consequences are sanctions, blocking of assets, bank their implementation by judges, prosecutors, statesmen, accounts of the sanctioned persons and their relatives of ministers, minister -Chairs, state and municipal officials assets around the world, freezing of assets, bank accounts, and others. blocking of transactions, international transfers in dollars. - Analysis of the laws of a country and the European. commission THE RICO LAW - Analysis of all authorities in a country - judicial, legislative, executive and the European Union and the The Racketeer Influenced and Corrupt European Commission Organizations (RICO) Act is a United States federal - Analysis of the implementation of the laws of a country law that provides for extended criminal penalties and a and the European Commission civil cause of action for acts performed as part of an - Analysis of governance in a country and a society and the ongoing criminal organization. European Commission The RICO Act focuses specifically - Analysis of public resource management in a country and on racketeering and allows the leaders of a syndicate to be the European Commission tried for the crimes they ordered others to do or assisted - Analysis of the existence of corruption and mafia in the them in doing, closing a perceived loophole. judiciary, in the state system and in the European Union. For example, before RICO, a person who instructed - Analysis of the work of the prosecutor's office as a someone else to murder could be exempt from prosecution guarantor of the existence and development of mafia and because they did not personally commit the crime. the rule of law in a society. RICO was enacted by section 901(a) of the Organized - Analysis of the judiciary - laws, judges, selection of Crime Control Act of 1970 (Pub.L. 91–452, 84 Stat. 922, judges, development of judges, violations of judges, enacted October 15, 1970) and is codified at 18 U.S.C. ch. disciplinary and other liability of judges, prosecutors, 96 as 18 U.S.C. §§ 1961–1968. G. Robert Blakey, an investigators, guarantors of democratization in a society adviser to the United States Senate Government Operations Committee, drafted the law under the close 3. The Magnitsky Act and the RICO Act - the supervision of the committee's chairman, Senator John guarantee for the fight against corruption and the Little McClellan. It was enacted as Title IX of the mafia at the state level in Bulgaria and the European Organized Crime Control Act of 1970, and signed into law Commission by US President Richard M. Nixon. Theroi Yana Mafia, The Theory of Corruption, While its original use in the 1970s was to prosecute Theory of Mafiaism by Prof. Momchil Dobrev the Mafia as well as others who were actively engaged in The formulas of mafia, mafia, corruption, degree of organized crime, its later application has been more democracy, degree of justice widespread. Beginning in 1972, 33 states adopted state RICO 3.1. The Magnistsky Law and the Rico Law laws to be able to prosecute similar conduct. Under RICO, a person who has committed "at least Magnitsky law two acts of racketeering activity" drawn from a list of 35 The Magnitsky Act fights corruption on a global scale, crimes—27 federal crimes and 8 state crimes—within a in defense of human rights. The Magnitsky Act fights 10-year period can be charged with racketeering if such against every corruption and mafia in a country, against acts are related in one of four specified ways to an corrupt practices at every level in a country, against "enterprise." Those found guilty of racketeering can be corrupt practices. The Magnitsky Act is an opportunity to fined up to $25,000 and sentenced to 20 years in prison per fight the oligarchy in one country, to fight the mafia in one racketeering count.In addition, the racketeer must forfeit country, the mafia at any level in one country. The all ill-gotten gains and interest in any business gained Magnitsky Act became law on December 14, 2012 during through a pattern of "racketeering activity." the presidency of President Barack Obama. Magnitsky's application of the law by the United States In many cases, the threat of a RICO indictment can occurs when the United States decides to intervene in force defendants to plead guilty to lesser charges, in part 7 Momtchil Dobrev-Halachev / IJEMS, 8(7), 6-20, 2021 because the seizure of assets would make it difficult to pay It has become the norm for the prosecutor's office to a defense attorney.
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