Russian Anti-Extremism Legislation and Internet Censorship

2019 ◽  
Vol 46 (2) ◽  
pp. 158-186 ◽  
Author(s):  
Maria Kravchenko
Keyword(s):  
Law Enforcement ◽  
Hate Speech ◽  
Steady Increase ◽  
Federal Law ◽  
Web Content ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Russian Law ◽  
Internet Censorship ◽  
Definition Of

This article is focused on the enforcement of Russian anti-extremist legislation through web regulation. Russian law enforcement has shifted from a focus on preventing terrorist violence to a focus on prosecuting online hate speech and anti-authority rhetoric under current anti-extremist and anti-terrorist laws. The vague definition of extremist activity in federal law has been broadly interpreted by law enforcement agencies. Through the idea of public security, Russian law enforcement agencies have overestimated the threat of online content without regard for the context, audience, and impact of online statements. The result has been a steady increase in blocked access to web pages and sanctions on web users and providers. The article analyzes the legal norms pertaining to web content control, and details law enforcement practice and major trends. It also identifies the most common publications, people, and organizations targeted by Russian law enforcement for sanctions based on online statements.

The legal regulation of service and combat activities of the security and defense sector of Ukraine in crisis situations

2021 ◽  
Vol 28 (2) ◽  
pp. 76-85
Author(s):  
Serhii V. Bielai ◽  
Oleksandr F. Kobzar ◽  
Ihor V. Yevtushenko ◽  
Vasyl Korniienko ◽  
Oleksandr V. Koba
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Law Enforcement Agencies ◽  
Special Operations ◽  
Legal Norms ◽  
Joint Forces ◽  
State Governance ◽  
Definition Of ◽  
Military Activity ◽  
Crisis Situations

The article states that nowadays situations in Ukraine shows that the theory of military activity of law enforcement forces needs a new development in the terms of settlement of armed confrontation in separate areas of Donetsk and Luhansk areas. Therefore, the issues of regulatory and legal support of law enforcement agencies in responding to crisis situations come to the fore. The analysis of normative legal acts shows that legal norms are not formulated clearly enough and ambiguously interpreted by law enforcement agencies. Therefore, it is necessary to refine the legislative mechanism for preventing and responding to crisis situations that threaten the national security of Ukraine. Therefore, the purpose of the research is to comprehensively reveal the essence and features of the legal regulations of combat operations of the security and defense sector of Ukraine in crisis situations and to develop specific practical recommendations, scientifically sound proposals for improving State governance in this field. In order to research the best practices of Ukraine on the functioning of Public mechanisms of response of the security and defense sector of Ukraine to crisis situations during the Anti-Terrorist Operation and the Joint Forces Operation in some districts of Donetsk and Luhansk regions, an expert survey of anti-terrorist security experts was conducted. The results of the survey provided an opportunity to identify the main problematic issues in the functioning of the anti-terrorist security system and provide appropriate development proposals. The State authorities today need to focus on improving the organization of management, establishing interagency cooperation between government agencies, increasing the level of pre-training of personnel, a clear definition of tasks for law enforcement units during special operations. Areas of further research will be aimed at developing State mechanisms of responding by the components of the security and defense sector of Ukraine to crisis situations

GOALS AND OBJECTIVES OF MODERN OPERATIONAL AND INVESTIGATIVE ACTIVITIES: PROBLEMS OF LEGISLATIVE REGULATION

2021 ◽  
pp. 9-13
Author(s):  
Алексей Вячеславович Агарков ◽  
Кирилл Вячеславович Капустин
Keyword(s):  
Law Enforcement ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Consideration Set ◽  
Federal Level ◽  
Legal Norms ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Relationship ◽  
Goals And Objectives

Статья посвящена рассмотрению проблем соотношения закрепленных Федеральным законом от 12 августа 1995 г. № 144-ФЗ «Об оперативно-розыскной деятельности» целей и задач с рассматриваемой деятельностью различных правоохранительных органов. Проведя сравнительный анализ мнений авторитетных ученых оперативно-розыскной науки, авторы приходят к выводу о том, что цели и задачи современной оперативно-розыскной деятельности уже достаточно давно выходят за рамки борьбы с преступностью. Указанный тезис находит свое подтверждение и в изложенном в статье анализе федерального законодательства России, осуществляющего регулирование рассматриваемого направления деятельности. В рамках проведенного исследования авторы обращают внимание на имеющиеся коллизии между общими и частными задачами оперативно-розыскной деятельности, закрепленными нормативными правовыми актами федерального уровня, а также на отсутствие у законодателя единой позиции по употреблению в правовых нормах словосочетаний «оперативно-розыскной» и «оперативно-разыскной». Авторы приходят к выводу о необходимости внесения изменений в оперативно-розыскной закон в целях устранения имеющихся противоречий в законодательном регулировании оперативно-розыскной деятельности. Предложенная авторами норма оперативно-розыскного закона обладает оригинальностью и учитывает интересы всех органов, осуществляющих оперативно-розыскную деятельность The article is devoted to the consideration of the problems of the relationship between the objectives and tasks established by Federal Law No. 144-ФЗ of 12 August 1995 «On Operational and Investigative Activities» and the activities of the various law enforcement agencies under consideration. Having conducted a comparative analysis of the opinions of authoritative scientists of operational and investigative science, the authors conclude that the goals and tasks of modern operational and investigative activities have long gone beyond the fight against crime. This thesis is also confirmed in the analysis of the federal legislation of the Russian Federation, which carries out legislative regulation of the area of activity under consideration, set out in the article. In the framework of the study, the authors draw attention to the existing conflicts between the general and private tasks of operational-search activities, established by the normative legal acts of the federal level, as well as to the absence of a unified position of the legislator on the use in legal norms of the phrases «operational and investigative» and «operational-search». The authors conclude that it is necessary to amend the investigation law in order to eliminate existing contradictions in the legislative regulation of investigation activities. The norm of operational and search law proposed by the authors has originality and takes into account the interests of all bodies carrying out operational and investigative activities.

scholarly journals On the harmonization of anti-terrorist legislation norms

2021 ◽  
Vol 2 (12) ◽  
pp. 86-90
Author(s):  
A. V. SAVINSKY ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Terrorist Activity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

Measures are being taken in Russia to improve anti-terrorist legislation, with special attention paid to increasing the counter-terrorism potential of the Criminal Code of the Russian Federation. However, the current anti-terrorism regulations are not without drawbacks. Thus, terrorist activity is interpreted differently in Art. 3 of the Federal Law "On Countering Terrorism" and Art. 205.2 of the Criminal Code of the Russian Federation, which leads to contradictory investigative and judicial practice. The solution is seen in the unification of the definition of terrorist activity and the definition in the wording of the Criminal Code of the Russian Federation looks preferable. It is noted that the legal support for the operational penetration of law enforcement agencies into terrorist structures does not meet the requirements, since the norm of Part 4 of Art. 18 of the federal law "On operational-search activity" (contains an operational-search basis for active repentance) remains inoperative due to the lack of its incorporation into the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article formulates additions to these codified federal laws, which will legitimize the operational-search basis for active repentance.

scholarly journals Problematic issues and practice of using string operations based on the rulings of the European Court of Human Rights (on the example of case law on corruption)

2020 ◽  
pp. 52-63
Author(s):  
Alla Leonidovna Kalinina
Keyword(s):  
Law Enforcement ◽  
Case Law ◽  
Legal Aid ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
European Court ◽  
Sting Operation ◽  
Definition Of

Usage of sting operation in law enforcement for documenting the facts of bribery and commercial bribery faces practical issues substantiated by imperfection of the current federal legislation on operational search activity. There is no legislatively secured definition of string operations along with regulation of the procedure for its conduct. The indicated gaps generate contradictory situations pertaining to the assessment of lawful actions of law enforcement agencies during string operationss. The departmental procedure for conducting operational search activity is insufficient for verification and assessment of performance of operational units by investigators, prosecutors, judges, and lawyers. Work on further amendments to the Federal Law “On Operational Search Activity” is relevant and reasonable. Currently, case law on this issue is quite ambiguous due to such formulations as the defense failed to prove the instance of provocation, and that there were no substantial violations or misuse in during conduct of operational search activity. For ensuring legal guarantees for persons against whom is conducted the string operations, it is essential to address the question of availability and quality of professional legal aid during the conduct of operational search activity, due to the fact that all evidence obtained by the operatives in the absence of lawyer and strictly regulated procedures of the conduct of operational search activity, often become key evidence in a case, which are hard to argue in court.

scholarly journals Law enforcement and implementation of harmonization of law enforcement norms related to drug smuggling

2021 ◽  
Vol 39 (68) ◽  
pp. 787-797
Author(s):  
Alexey P. Albov ◽  
Vera E. Batyukova ◽  
Ekaterina I. Kobzeva ◽  
Natalia S. Ponomareva ◽  
Nikolay N. Kosarenko
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Comprehensive Analysis ◽  
Law Enforcement Agencies ◽  
Drug Smuggling ◽  
Legal Norms ◽  
Procedural Law ◽  
Russian Law ◽  
The One ◽  
Harmonization Of Law

The article examines the problem of the development of Russian law in the framework of the implementation of the criminal procedure norms related to drug smuggling. It is proposed to consider the prevention and effectiveness of offenses related to drug smuggling through the harmonization of national legislation. Special attention is paid to the interaction of international and domestic norms of procedural law. Special attention is paid to a comprehensive analysis of the construction of a system for the implementation of the norms of law, on which the effective achievement of goals in the suppression of crime in the sphere of drug trafficking depends. Based on the study of the material, it has been found that the mechanism for the implementation of the norms of the criminal procedure is not quite simple: on the one hand, the appeal to foreign legal norms is regarded as an unproductive scientific discourse, on the other hand, theories are modeled on the damage to one's own legal system because of unjustified borrowings from other legal systems. The results and conclusions can be used in the practical activities of customs, law enforcement agencies.

scholarly journals OBJECTS OF СONCESSION AGREEMENT: LAW ENFORCEMENT PROBLEMS AND WAYS TO OVERCOME THEM

2020 ◽  
pp. 146-152
Author(s):  
Т. P. Akhrem
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
Brief Assessment ◽  
Judicial Practice ◽  
Definition Of ◽  
State Registration

The article offers an analysis of the legal norms of the current legislation regarding the definition of the objects of concession agreements. A brief assessment of the amendments to the Federal Law No. 115-FZ “On Concession Agreements” dated July 21, 2005, regarding the inclusion of information technology objects in the list of objects of concession agreements is given. The correlation of general and special norms at the conclusion of concession agreements in respect of several objects is considered. The position on the presence of a gap in legal regulation and the need to establish a list of cases at the level of a sub-legislative regulatory act giving reasons to evaluate the conclusion of a concession agreement for several types of objects for possible prevention, limitation or elimination of competition is substantiated. Peculiarities during the transfer of communal facilities by concession agreement regarding state registration of ownership of these facilities and the term for putting them into operation were revealed. On all issues considered, the author gives examples from judicial practice.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Administrative Law ◽  
Practical Implementation ◽  
Scientific Article ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Public ◽  
Legal Documents

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

scholarly journals Contemporary forms and methods of counteracting narcotization of the youth

2020 ◽  
Vol 9 (28) ◽  
pp. 377-385
Author(s):  
Anatoliy Trokhymovych Komziuk ◽  
Ruslan Semenovych Orlovskyi ◽  
Bohdan Mykhailovich Orlovskyi ◽  
Taisa Vasylivna Rodionova
Keyword(s):  
Law Enforcement ◽  
Developed Countries ◽  
Law Enforcement Agencies ◽  
Lower Efficiency ◽  
Systematic Analysis ◽  
Legal Method ◽  
The Developed Countries ◽  
Definition Of ◽  
Major Factors ◽  
Preventive Methods

The purpose of the paper is to examine the most efficient forms and methods of counteracting narcotization in society, especially of the youth, and also to characterize the most important factors of the proliferation of narcotization. The authors used the following methods in the research: dialectical, dogmatic, method of systematic analysis and comparative-legal method. The paper analyses forms and methods of counteracting narcotization of the youth in Ukraine and worldwide. It elaborates the definition of the following terms: “narcotization”, “counteracting narcotization”, “forms of counteracting narcotization” and “methods of counteracting narcotization”. It ascertains that emerging and proliferation of narcotization has a direct correlation with the complex of social factors, each one of them obtained a specific characteristic. Besides analyzing the major factors of emergence and proliferation of narcotization of the youth, the paper gives particular attention to defining forms, methods and means of counteracting this socially harmful phenomenon. The paper studies positive experience in regard to activities of law enforcement agencies of the developed countries in the sphere of counteracting narcotization, including narcotization of the youth. It emphasizes that coercive methods of reducing narcotization have much lower efficiency compared to preventive methods that are generally more humane and economically efficient. The paper formulates the conclusion about the necessity of ongoing engagement of the community in counteracting narcotization of society, especially of the youth.

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