scholarly journals INTERACTION OF LAW ENFORCEMENT AGENCIES WITH THE POPULATION AS A FACTOR OF NATIONAL SECURITY

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Алмас Канатов ◽  
Almas Kanatov ◽  
Максим Баранов ◽  
Maksim Baranov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Fire Service ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Political Security

Various forms of cooperation between law enforcement authorities and the public (civil society) in the fight against offenses in order to strengthen national security are detailed in the article. Among the law enforcement agencies the following authorities are highlighted: the prosecuting authorities, internal affairs bodies, state fire service, anti-corruption service and the service of economic investigations, which are operating in accordance with the legislative acts of the Republic of Kazakhstan. Certain aspects are researched, the principles for such interaction are proposed. Within counteract threats to national security the author fragmentarily emphasized in particular, social security, military security, political security, economic security, informational security and environmental safety. The role of inter-ministerial committees for prevention of offenses under the Government of the Republic of Kazakhstan and the public councils under law enforcement bodies was distinguished. The authors note that the participation of public organizations in law enforcement activities of the state is provided by the Plan of measures on realization of the State Program of further modernization of the judicial system of the Republic of Kazakhstan for 2014—2020. The mandatory learning of the basics of personal and public safety by citizens, involved in law enforcement activity and the need of methodological and logistical support is provided.

Insentif Pajak terhadap Sumbangan Covid-19 dari Perspektif Relasi Hukum Pajak Indonesia dengan Hak Asasi Manusia

2020 ◽  
Vol 2 (2) ◽  
pp. 184
Author(s):  
Muhammad Syukur
Keyword(s):  
Human Rights ◽  
Income Tax ◽  
Present Report ◽  
National Development ◽  
Economic Security ◽  
The State ◽  
Public Health Approach ◽  
The Public ◽  
The Republic ◽  
The Government

The Covid-19 pandemic is a transnational threat that requires a global response, but the outbreak has laid bare divergent national approaches to exposed broader structural weaknesses in the governance system. The challenges of governance of the state amidst the Covid-19 pandemic is not only on the public health approach but also must face the risk of economic recession. In the present report, the government of the Republic of Indonesia has taken anticipation steps to prevent and overcome Covid-19 through legislation which is then implemented to the public. The focus of this paper is to review how the Republic of Indonesia maintains national economic resilience using the Indonesian tax law approach. Income tax is part of tax classification in Indonesia has rights and obligations attached to the state as well as taxpayers. With using the doctrinal legal research method, this papers analyze the perspective of the Republic of Indonesia's tax laws on opportunities for corporate taxpayers to get incentives in their income tax because they have contributed to the need to overcome the pandemic Covid-19 and explained the relationship between human rights and taxes on the case. As the papers make clear, the tax revenue paradigm is considered important because it impacts on economic security and national development. The government must be careful in carrying out taxation policies by considering the economic conditions of democracy, globalization, and the synergy of the center and the regions as long as the Covid-19 pandemic continues. Human rights and taxes are related to the realization of the right to the social-economic and social justice in society because Indonesia taxes has rights and obligations attached to the state as well as taxpayers.

scholarly journals PELAKSANAAN DISKRESI APARATUR SIPIL NEGARA DALAM RANGKA PENEGAKAN HUKUM

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Primary Data ◽  
The Public ◽  
Government Administration ◽  
Legal Position ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
National Police

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.

scholarly journals The Civic Duty to Report Crime and Corruption

2014 ◽  
Vol 9 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Law Enforcement ◽  
Political Stability ◽  
The State ◽  
Moral Duty ◽  
Civic Duty ◽  
The Public ◽  
Corrupt Activity ◽  
The Will ◽  
The Government ◽  
General Scope

Is the civic duty to report crime and corruption a genuine moral duty? After clarifying the nature of the duty, I consider a couple of negative answers to the question, and turn to an attractive and commonly held view, according to which this civic duty is a genuine moral duty. On this view, crime and corruption threaten political stability, and citizens have a moral duty to report crime and corruption to the government in order to help the government’s law enforcement efforts. The resulting duty is triply general in that it applies to everyone, everywhere, and covers all criminal and corrupt activity. In this paper, I challenge the general scope of this argument. I argue that that the civic duty to report crime and corruption to the authorities is much narrower than the government claims and people might think, for it only arises when the state (i) condemns genuine wrongdoing and serious ethical offenses as “crime” and “corruption,” and (ii) constitutes a dependable “disclosure recipient,” showing the will and power to hold wrongdoers accountable. I further defend a robust duty to directly report to the public—one that is weightier and wider than people usually assume. When condition (ii) fails to obtain, I submit, citizens are released of the duty to report crime and corruption to the authorities, but are bound to report to the public, even when the denunciation targets the government and is risky or illegal.

scholarly journals Naida noziegumi Latvijā: kriminālatbildība un piemērotie sodi

2019 ◽  
Vol 1 (13) ◽  
pp. 30-41
Author(s):  
Ēriks Treļs
Keyword(s):  
Law Enforcement ◽  
European Commission ◽  
Hate Speech ◽  
Hate Crimes ◽  
The State ◽  
Vulnerable Groups ◽  
Actual Situation ◽  
Law Enforcement Agencies ◽  
Published Report ◽  
The Republic

2019. gada 5. martā Eiropas Komisija pret rasismu un neiecietību (The European Commission against Racism and Intolerance, ECRI) publicēja Piekto ziņojumu par Latviju. Tajā, atsaucoties uz Tiesībsarga biroja un nevalstisko organizāciju sniegto informāciju, norādīts, ka naida kurināšanas upuri bieži vien neinformē policiju par notikušo, jo viņiem nav pārliecības par tiesībaizsardzības iestāžu vēlmi vai spēju efektīvi izmeklēt šos notikumus, tādēļ tiek rekomendēts Valsts policijai izveidot speciālu struktūrvienību darbam ar mazāk aizsargātajām sabiedrības grupām. Iepriekšējā ziņojumā, kas tika publicēts 2012. gada 21. februārī, ECRI norādīja, ka par šāda veida noziegumiem piespriestie sodi (ar dažiem izņēmumiem, kad tika piemēroti sodi, kas saistīti ar brīvības atņemšanu) Latvijā ir pārāk saudzīgi. Rakstā tiek skaidrots, kā šajā jomā mainījusies situācija pēc ECRI Ceturtā ziņojuma publicēšanas. The European Commission against Racism and Intolerance (ECRI) on 5 March 2019 published Report on Latvia (fifth monitoring cycle). Non-governmental organisations, minority representatives and Ombudsman of the Republic of Latvia indicated to ECRI that victims of hate speech do not often report incidents to the police due to lack of trust in the willingness or ability of the law enforcement agencies to investigate these cases effectively. ECRI recommends, as a matter of priority, that the authorities establish a unit within the State Police tasked with reaching out to vulnerable groups in order to increase trust in the police and address the problem of under-reporting of hate crimes. In 2012, the ECRI pointed out that penalties for racist violence (with a few exceptions, the imposition of custodial penalties) in Latvia are too lenient. Therefore, the author offers his vision of the actual situation and how things have changed since the fourth ECRI Report on Latvia.

scholarly journals Security and defense sector of Ukraine in the mechanism of realization of the defense function of the state

2020 ◽  
pp. 78-82
Author(s):  
Viacheslav Alexandrov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
National Guard ◽  
Armed Forces ◽  
Civil Defense ◽  
The State ◽  
Industrial Complex ◽  
Law Enforcement Agencies ◽  
Security Forces ◽  
Defense Function

The article highlights the aspects of the Security and Defense Sector’s defense function. Based on the analysis of the legislationof Ukraine, the specifics of the normative regulation of the content of the category “defense”, as well as the diversity of doctrinal understandingof this category are highlighted. It is noted that the defense function of the state is realized, in fact, by all elements of the powermechanism. In this way, the state of readiness of the state “defense forces” necessary for the flow of armed aggression is achieved.Along with this, it was noted that within the framework of the state mechanism, it is expedient to single out those structures whosecompetence directly provides for the implementation of the defense function.The structure of the security and defense sector contains four components, which are differentiated according to their functionalpurpose and legal nature. In particular, these are: 1) security forces; 2) defense forces; 3) defense-industrial complex; 4) public associationsthat voluntarily participate in ensuring national security. It is also worth noting that the institutional components of Ukraine’ssecurity and defense sector belong to both the state apparatus and civil society institutions.The content of the categories “security forces” and “defense forces” is distinguished. Security forces are law enforcement andintelligence agencies, state bodies of special purpose with law enforcement functions, civil defense forces, as well as other bodiesentrusted by the Constitution and laws of Ukraine with functions to ensure the national security of Ukraine. In turn, the defense forcesinclude the Armed Forces of Ukraine, as well as other military formations, law enforcement agencies and intelligence agencies formedin accordance with the laws of Ukraine, as well as special purpose bodies with law enforcement functions, which are assigned by theConstitution and laws of Ukraine. The main institutional element of the Security and Defense Sector is the Armed Forces of Ukraine.It is the Armed Forces that protect the sovereignty of the state and territorial integrity, as well as ensure the inviolability of state borders.Emphasis is placed on the function of the National Guard of Ukraine and the State Border Guard Service of Ukraine as important componentsof the security and defense sector.It is noted that today the subordination of military institutions and law enforcement agencies to various ministries and authoritiesis a factor that may negatively affect their interaction in the process of performing the tasks provided by law. Therefore, we consider itexpedient for the President of Ukraine, as the Head of State and the Supreme Commander-in-Chief of the Armed Forces of Ukraine, toadopt a normative act on cooperation between the Security and Defense Sector in the process of armed defense of Ukraine’s territorialintegrity and state sovereignty.

Access to Information in the Republic of Macedonia

2019 ◽  
pp. 714-732
Author(s):  
Stojan Slaveski ◽  
Biljana Popovska
Keyword(s):  
Public Information ◽  
Personal Data ◽  
The State ◽  
The Other ◽  
Free Access ◽  
The Public ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
And Storage

Certain information and personal data, held by the government, needs to be kept secret because its disclosure to the general public could jeopardize the operation of the state. On the other hand, the state should allow the public to have free access to all other state-held information. To ensure a balance between these two claims of modern democratic societies, there is a need to legally regulate this matter. The state should have a law on access to public information and a law that will regulate the classification, access to and storage of information which should be kept secret. This chapter analyzes the global experiences in regulating this matter, with a particular emphasis on the practice in the Republic of Macedonia.

Access to Information in the Republic of Macedonia

2016 ◽  
pp. 162-179
Author(s):  
Stojan Slaveski ◽  
Biljana Popovska
Keyword(s):  
Public Information ◽  
Personal Data ◽  
The State ◽  
The Other ◽  
Free Access ◽  
The Public ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
And Storage

Certain information and personal data, held by the government, needs to be kept secret because its disclosure to the general public could jeopardize the operation of the state. On the other hand, the state should allow the public to have free access to all other state-held information. To ensure a balance between these two claims of modern democratic societies, there is a need to legally regulate this matter. The state should have a law on access to public information and a law that will regulate the classification, access to and storage of information which should be kept secret. This chapter analyzes the global experiences in regulating this matter, with a particular emphasis on the practice in the Republic of Macedonia.

ACTIVITIES OF THE MILITARY PROSECUTOR’S OFFICE IN THE CONDITIONS OF CHANGES IN LEGISLATION

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Justice ◽  
Law Enforcement Agency ◽  
Military Security ◽  
Military Law ◽  
The Military

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

scholarly journals Components of security of Ukrainian statehood by sphere of its existence

Legal Ukraine ◽  
2020 ◽  
pp. 6-17
Author(s):  
Serhii Hordiienko
Keyword(s):  
Political Economy ◽  
National Security ◽  
Economic Security ◽  
The State ◽  
Economic Losses ◽  
Economics Of Science ◽  
Material Production ◽  
New Knowledge ◽  
Political Security ◽  
Technological Economics

The paper identifies the components of Ukraine’s security in the spheres of its life: politics, economics, the military, etc. In the modern world, the driving force of the economy is qualitatively new knowledge, so the structure of the economy as innovative can be reduced to the following formula: general economy = economics of science + scientific and technological economics + economics of material production. Economics, in our opinion, can be schematically represented as follows: economics of science (information => information resources => innovation => qualitatively new knowledge => intellectual resources), scientific and technological economics and economics of material production. That is, the security of the state depends primarily on its political component to ensure the economic security of society. Political security is a qualitative state of the political system of society, which should be determined by law. Economic security — reliable protection of national and state interests in the economy from real and potential internal and external threats, and in the first place — direct and indirect economic losses. The security of the state as a system of political power in Ukraine depends on its political, economic, scientific and scientific-technological components, which are the foundation of Ukraine’s innovation policy. Key words: politics, political science, national security and mechanisms of its provision, political security, national security and mechanisms of its provision, indicators of political security, threats to political security, internal political security of the state, challenges to internal political security, external political security of the state, political economy, political economy, science and information, the concept of economic security, the competence of state bodies in ensuring state security.

scholarly journals Kewenangan BPK dan BPKP dalam Menentukan Kerugian Keuangan Negara pada Perkara Korupsi

2021 ◽  
Vol 10 (2) ◽  
pp. 344
Author(s):  
I Made Fajar Pradnyana ◽  
I Wayan Parsa
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
The Republic ◽  
Financial Losses ◽  
Legal Entities

The purpose of this research is to describe the related authority possessed by the BPK and BPKP in determining state financial losses so that the judges who handle cases of corruption can use calculations from the institutions that have been mandated by the 1945 Constitution of the Republic of Indonesia in determining state financial losses in order to achieve legal certainty. The dualism of institutions in determining state financial losses results in overlapping powers which have an impact on the credibility of these institutions. This certainly affects practice in the field, one of which is legal certainty that is not guaranteed in implementing law enforcement against corruption, it is very possible that every agency that calculates losses incurred by the state uses different calculation techniques, and in the end, the reports given are also different. so that it can affect the performance of law enforcement agencies in dealing with allegations of corruption. The author uses the normative legal method in this research, through two kinds of approaches, namely statutory and conceptual. The results showed that the BPK authority as an independent institution to measure and determine state losses, whether committed by individuals or legal entities, while the BPKP authority as an institution under the president has the duty to ensure that the management of government state finances in the sense of the executive is good, so that the panel of judges handling criminal acts of corruption uses calculations from the national institution, namely the BPK which is mandated by the 1945 Constitution of the Republic of Indonesia. Tujuan dari penelitian ini yaitu untuk Menjabarkan terkait kewenangan yang dimiliki BPK dan BPKP dalam menentukan kerugian keuangan negara sehingga majelis hakim yang menangani kasus tindak pidana korupsi dapat menggunakan perhitungan dari Lembaga yang telah diamanatkan oleh UUD NRI 1945 dalam menentukan kerugian keuangan negara agar tercapainya kepastian hukum. Dualisme institusi dalam menentukan kerugian keuangan negara menghasilkan kekuasaan yang tumpang tindih yang berdampak pada kredibilitas institusi ini. Hal ini tentu mempengaruhi praktek di lapangan, salah satunya kepastian hukum yang tidak terjamin dalam menerapkan penegakan hukum terhadap tindak pidana korupsi, sangat memungkinkan bahwa setiap lembaga yang menghitung kerugian yang ditimbulkan negara menggunakan teknik penghitungan tidak sama, dan pada akhirnya, laporan yang diberikan juga berbeda sehingga dapat mempengaruhi kinerja lembaga penegak hukum dalam menangani tuduhan korupsi. Metode hukum normatif digunakan penulis dalam riset ini, melalui dua macam pendekatan yaitu perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa otoritas BPK selaku lembaga bersifat independen untuk mengukur dan menentukan kerugian negara baik yang dilakukan oleh seseorang ataupun badan hukum, sementara otoritas BPKP sebagai institusi yang berada di bawah  presiden yang bertugas untuk memastikan bahwa pengelolaan keuangan negara pemerintah dalam arti eksekutif sudah baik, sehingga majelis hakim yang menangani tindak pidana korupsi menggunakan perhitungan dari Lembaga nasional yaitu BPK yang diberikan amanat dari UUD NRI 1945.

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