Investigative prevention of corruption crimes

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Madina О. Kassimova ◽  
Yerbol A. Omarov ◽  
Ramazan R. Zhilkaidarov ◽  
Yerlan S. Abulgazin ◽  
Ainur A. Sabitova
Keyword(s):  
Law Enforcement ◽  
Public Institutions ◽  
Practical Significance ◽  
Public Confidence ◽  
Practical Implementation ◽  
Content Type ◽  
State Apparatus ◽  
The Republic ◽  
Real Practice ◽  
Statutory Regulation

Purpose The fight against corruption, which undermines the efficiency of the state apparatus and public confidence in public institutions, remains one of the critical present-day tasks. In this regard, the purpose of this study is to identify the available possibilities and real practice of law enforcement of the norms on investigative prevention, the practical significance of this institution and its potential. Design/methodology/approach The study investigated theoretical materials on criminological prevention, legislative norms and available law enforcement practice. Findings It was discovered that, in general, the available statutory regulation is insufficient for the full-fledged practical implementation of the potential of investigative prevention. An exception is specialised prevention, assigned as one of the main tasks to the Agency of the Republic of Kazakhstan for Combating Corruption. Proposals have been formulated to improve anti-corruption investigative prevention in other bodies of pre-trial investigation, considering the identified risks. Originality/value The uniqueness of the situation lies in the fact that the existence of the institution of investigative prevention, in fact, is limited to the post-Soviet space. The elimination of formalism in the approach to this method of crime prevention can contribute to greater efficiency in the fight against crime, including corruption.

scholarly journals On the property responsibility of genetic parents under the surrogacy agreement: experience of the Russian Federation and the Republic of Tajikistan

2021 ◽  
pp. 218-227
Author(s):  
Anna Rolandovna Purge
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Statistical Data ◽  
Practical Implementation ◽  
Main Research ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic ◽  
Genetic Parents

The object of this research is the institution of property responsibility of genetic parents under the surrogacy agreement established in legislation of the Russian Federation and the Republic of Tajikistan, as well as the problematic of practical implementation of the surrogacy agreement. The subject of this research is the legislative norms that regulate the procedure of bringing genetic parents under the surrogacy agreement to property responsibility in the territory of the Russian Federation and the Republic of Tajikistan; corresponding materials of law enforcement practice; statistical data and reports published in the official mass media. The scientific novelty of consists in analysis of the problems of property responsibility of genetic parents under the surrogacy agreement, which was concluded in the territory of the Republic of Tajikistan. The main research results lies in the development of the original pointwise proposals on the long-term solution to these issues (it is worth noting that such proposals have not been previously expressed in the context of legal experience of the Republic of Tajikistan).

Foreign experience of judicial control over the enforcement of decisions in civil judiciary

2021 ◽  
pp. 127-132
Author(s):  
Ihor Zhukevych
Keyword(s):  
Law Enforcement ◽  
Functional System ◽  
Practical Significance ◽  
Practical Implementation ◽  
Judicial Control ◽  
Foreign Experience ◽  
Civil Process ◽  
Foreign Countries ◽  
Civil Proceedings ◽  
Logical Semantic

Purpose. The aim of the work is to analyze judicial control over the implementation of decisions in civil proceedings of foreign countries, to identify the mechanism of judicial control over the implementation of decisions in civil proceedings, to determine the most effective measures to implement foreign judicial control in civil proceedings of Ukraine. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material of judicial control in foreign countries and the formulation of relevant conclusions and recommendations for its further practical implementation in civil proceedings in Ukraine. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the course of the study it was recognized that judicial control in Ukraine is applied only in the case of appeals against decisions, acts and omissions of executors. Despite its formal consolidation, it will be effective in the case of the introduction of a real mechanism of its application, taking into account the positive experience of foreign countries. Scientific novelty. In the course of the research it was established that updating of theoretical and methodological bases of introduction of judicial control over execution of decisions in civil proceedings of Ukraine should take into account positive foreign experience of its functioning in the following countries: England, USA, Poland, Germany, France. decisions are an integral part of the activities of the judiciary. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the judicial control in the civil process of Ukraine.

THE SOME THEORITICAL-LEGAL ISSUES OF THE INTERPRETATION OF LEGAL NORMS BY THE CONSTITUIONAL COURT

2021 ◽  
Vol 6 (9) ◽  
pp. 16-24
Author(s):  
Maftuna Аbdullayeva ◽  
Keyword(s):  
Law Enforcement ◽  
Practical Implementation ◽  
Constitutional Court ◽  
Theoretical Problem ◽  
Legal Interpretation ◽  
Legal Norms ◽  
Enforcement Official ◽  
Legal Literature ◽  
Legal Position ◽  
The Republic

For the purpose of uniform application of normative acts by citizens, officials, state bodies, it becomes necessary to interpret them. The activity to establish the exact content of a legal act for its practical implementation has received a name in the legal literature –interpretation. Thus, the article analyzes the legal position of the Constitutional Court of the Republic of Uzbekistan in the understanding of modern realities, the essence of adopted normative-legal acts, law enforcement practice, and the role and significance of constitutional appeals. Also author shows the theoretical problem of the concept and content of constitutional and legal interpretation. The signs and features of this type of interpretation are revealed, itsuniversal nature is emphasized, the problems of interrelation with related categories are touched upon, and its definition is given.Key words: constitutional judiciary, the competence of Constitutional court, constitutional application, law enforcement, official interpretation

Strengthening of the institutional capacity of the Constitutional Court of Ukraine in the conditions of modern society as a scientific and practical problem

2021 ◽  
Vol 28 (4) ◽  
pp. 104-112
Author(s):  
Oleksandr V. Skrypniuk ◽  
Olena O. Tomkina
Keyword(s):  
Law Enforcement ◽  
Scientific Research ◽  
Legal Protection ◽  
Political Influence ◽  
Institutional Capacity ◽  
International Standards ◽  
Practical Significance ◽  
Public Confidence ◽  
Constitutional Court ◽  
Interdisciplinary Approaches

Modern scientific research of the problems of constitutional jurisdiction in Ukraine is conditioned not only by their established theoretical and practical significance for legal doctrine and law enforcement. In the context of modern global challenges and threats that inevitably affect the domestic legal order of Ukraine, taking into consideration the national problems in the field of human rights and freedoms, interaction between state and society, lawmaking, law enforcement and administration of justice, etc., the need to strengthen the institutional capacity of the Constitutional Court is an important scientific and practical task. It is aimed at strengthening the stability of the institution of constitutional jurisdiction in difficult sociopolitical situations, restoring public confidence in the Constitutional Court and the state in general, improving the legal protection of the Constitution of Ukraine and ensuring its supremacy, reviving respect for the Basic Law and the rule of law, accommodating the functioning of the Constitutional Court to the best international standards of constitutional jurisdiction. The purpose of the article is to substantiate the study of the problem of strengthening the institutional capacity of the Constitutional Court of Ukraine as a complex scientific and applied issue, which provides for its solution in the interdisciplinary scientific space. General scientific research methods, sociological method, structural-functional, as well as interdisciplinary approaches, are used. The institutional capacity of the Constitutional Court of Ukraine is considered as an institutional property of a body of constitutional jurisdiction, which reflects its organisational and functional ability to ensure the implementation of its tasks, functions, and powers under certain conditions and resources. Indicators of the institutional capacity of the Constitutional Court are efficiency, stability, and adaptability to changes. Strengthening the institutional capacity of the Constitutional Court should take place through legal support for strengthening its independence from political influence, improving mechanisms for selecting candidates for judges, modernising constitutional proceedings, developing a mechanism for the Court's interaction with the public, and so on. The main directions of the study of the institutional capacity of the Constitutional Court are determined

scholarly journals Penegakan Hukum Terhadap Tindak Pidana Korupsi Dalam Pembangunan Balai Benih Induk (BBI) Di Kabupaten Nias Selatan (Studi Putusan No.116/Pid.Sus-Tpk/2014/PN.Mdn)

2020 ◽  
Vol 2 (2) ◽  
pp. 101-109
Author(s):  
Donny Christian Harita ◽  
Taufik Siregar ◽  
Arie Kartika
Keyword(s):  
Law Enforcement ◽  
Public Participation ◽  
Research Method ◽  
Central Government ◽  
Law Enforcement Officers ◽  
Scientific Journals ◽  
Community Environment ◽  
State Apparatus ◽  
The Law ◽  
The Republic

Corruption is an extraordinary crime that is contagious in every state apparatus, both in the central government and regional governments. The research method in this paper is a normative method that collects library data, namely legislation, law books, judges' decisions, mass media and scientific journals related to the issues discussed in this thesis. Law enforcement of corruption in Indonesia as outlined in the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Corruption Eradication is a representation of 3 elements of law enforcement, namely the lawmaking element (making this law), the element of law enforcement officers namely this law also regulates law enforcement officers for example with the Corruption Eradication Commission and the elements of the community environment by regulating public participation in eradicating corruption in Indonesia. Judge's consideration in dropping the verdict Number: 116 / Pid.Sus-TPK / 2014 / PN.Mdn is to consider mitigating and aggravating matters, taking into account the defendant's ability to take responsibility, considering the absence of forgiving and justifying reasons.

The Korean Desk in the Philippines

2018 ◽  
Vol 41 (1) ◽  
pp. 159-174 ◽  
Author(s):  
Ki Heun Kim
Keyword(s):  
Law Enforcement ◽  
The Philippines ◽  
Law Enforcement Agencies ◽  
Direct Communication ◽  
Content Type ◽  
Police Agencies ◽  
Close Cooperation ◽  
The Republic ◽  
Criminal Matters ◽  
Successful Collaboration

Purpose The purpose of this paper is to examine a newly initiated strategy for international cooperation in criminal justice; specifically, the facilitation of a “Korean Desk” between the Philippines and the Republic of Korea, as a case of successful collaboration. Design/methodology/approach International efforts to formulate and implement the Korean Desk are reviewed, by collecting legal and administrative literature on its implementation. Findings The Korean Desk, as a newly implemented strategy to handle the increasing incidence of crime by and against Koreans in the Philippines, showed that direct communication and collaboration between police agencies significantly increased effectiveness. Creating the Korean Desk greatly assisted the resolution of criminal matters including extradition, cyber-crime, murder, robbery and others that involved Korean suspects and offenders in Korea and Philippines. The paper describes how the implementation of the Korean Desk evolved, the different roles of the Korean Desk and the police consul, and the substantial, positive outcomes of the project. Practical implications Law-enforcement agencies are constantly formulating new approaches to enhance international anti-crime efforts. The successful collaboration described in this paper provides new insights and ideas for how, through close cooperation, agencies can benefit from, and enhance, those efforts. The paper shows how direct communication between the Korean Desk and local police in the Philippines can facilitate investigations, making them efficient and timely. Evaluation of the Korean Desk suggests that it has greatly contributed to international law enforcement. Originality/value The overall steps for formulating the Korean Desk strategy and implementing it are examined.

scholarly journals Problems Related to the Abolition of Divided Real Estate Ownership

2016 ◽  
Vol 13 (2) ◽  
pp. 77-88
Author(s):  
Jolanta Dinsberga ◽  
Ilona Tiesniece
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Land Reform ◽  
Residential Buildings ◽  
Practical Significance ◽  
Practical Implementation ◽  
Legal Relationship ◽  
The Republic ◽  
Historical Methods ◽  
Estate Ownership

Abstract Legal relationship between apartment owners in residential buildings and the land owners, that is, divided real estate ownership, was created in the Republic of Latvia in 1990, within the framework of the Land Reform, restoring property rights of the former owners or their heirs or privatising apartments in multi-apartment residential buildings. The existence of such legal relationship created different lease problems and restrictions on the property rights to the owners of both the building and the land. To abolish the legal relationship related to divided real estate ownership, the Ministry of Justice of the Republic of Latvia has developed a draft law Regarding the Abolition of Mandatory Divided Real Estate Ownership in Multi-Apartment Buildings (hereinafter referred to as Draft Law). Unfortunately, in the opinion of authors of this article, there are serious shortcomings to the Draft Law which must be corrected. The aim of the research is to identify the problematic issues by selecting and analysing the legislation on the abolition of the divided real estate ownership, which is related to the calculation of redemption price, payment method and consequences of non-payment, which are not regulated by the new Draft Law. The article reflects research on the determination and calculation of redemption price reglamented by the Draft Law and also analyses the Law of December 8, 1938, On the Abolition of Divided Real Estate Ownership and its practical implementation, which may significantly influence the redemption price and the method of its calculation; however, the mentioned law has been disregarded in developing the Draft Law. Thus the research has both theoretical and practical significance. For the research purposes general research methods, such as historical, analytical, inductive, deductive, logical-constructive and descriptive methods, are used. For the interpretation of legislation norms, grammatical, systemic, teleological and historical methods are used.

scholarly journals Issues of training and retraining of civil servants

2020 ◽  
pp. 73-83
Author(s):  
Tatyana Zueva ◽  
Natalya Smirnova ◽  
Akerke Bekakhmetova
Keyword(s):  
Public Administration ◽  
Educational Process ◽  
Regional Level ◽  
Civil Servants ◽  
Practical Implementation ◽  
Successful Implementation ◽  
Advanced Training ◽  
State Apparatus ◽  
The Republic ◽  
Interdisciplinary Integration

The article substantiates the importance of forming a professional state apparatus at the regional level in the context of contemporary challenges of reality. Based on the institutional task of the Academy and its branches, a special place is determined for the system of retraining and advanced training of civil servants. The authors consider the content of the concept of “interdisciplinary integration” and present their experience in building the educational process of retraining courses for civil servants of corps “B” on the basis of interdisciplinary integration as a principle of a result-oriented approach.An example of compiling a map of interdisciplinary interfaces is given and factors accompanying the successful implementation of the principle of interdisciplinary integration are described with a description of their practical implementation in the activities of the Branch of the Academy of Public Administration under the President of the Republic of Kazakhstan in the Kostanay region.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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