scholarly journals CORRUPTION AND LEGAL ORDER IN THE FOCUS OF MODERN LEGAL DOCTRINE

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva

Counteracting corruption is one of strategic objectives for cooperation among states of the Eurasian region, the objective thereof is of significant impact on the process of interstate integration. The dynamics thereof determines the status and the solution of a number of tasks of both theoretical and practical nature, and, inter alia, most importantly, understanding of new challenges posed by corruption which is currently facing practically all countries of the Eurasian region, as well as search for adequate responses to said challenges. The analysis of contemporary transformations relating to corruption led the author to make the conclusion of the necessity to develop not only new tactical solutions, but also qualitatively new approaches to counteract corruption. The author is drawing the attention to the problem as closely interrelated with the law and order, thus leaving no room for corruption practices. Such attitude enables to substantially perfect the strategies and tactics employed to combat corruption nationally and internationally, and also outlines new targets in decision-making processes at the state level. It is in this connection that the author looks into the already known legal mechanisms employed to counteract corruption — anti-corruption legislation, law enforcement issues, legal education, as well as contemporary legal technologies employed to combat this social phenomenon such as anticorruption expertize of the normative legal acts, legal monitoring, etc. It also emphasizes the importance of the processes relating to Eurasian integration for making states more active in counter corruption activities. The author calls for unification of legal decisions adopted by states and suggests new ways for further cooperation among the states of the Eurasian region.

Curationis ◽  
2019 ◽  
Vol 42 (1) ◽  
Author(s):  
Mosehle S. Matlala ◽  
Thanyani G. Lumadi

Background: Midwifery is the backbone of women and child healthcare. The shortage of staff in maternity units is a crisis faced by many countries worldwide, including South Africa.Objectives: This study aims to explore the perceptions of midwives on the shortage and retention of staff at a public institution.Method: The study was conducted at one of the tertiary hospitals in Tshwane District, Gauteng Province. A total of 11 midwives were interviewed through face-to-face and focus group interviews. An explorative, descriptive generic qualitative design method was followed, and a non-probability, purposive sampling technique was used. Thematic coding analysis was followed for analysing data.Results: The impact of shortage of midwives was reported to be directly related to poor provision of quality care as a result of increased workload, leading to low morale and burnout. The compromised autonomy of midwives in the high obstetrics dependency units devalues the status of midwives.Conclusion: Midwives are passionate about their job, despite the hurdles related to their day-to-day work environment. They are demoralised by chronic shortage of staff and feel overworked. Staff involvement in decision-making processes is a motivational factor for midwives to stay in the profession. The midwives need to be in the centre of the decision-making processes related to their profession. The revision of the scope of practice and classification of midwifery profession away from general nursing complex by the South African Nursing Council (SANC) could place midwifery in its rightful status.


2017 ◽  
Vol 45 (1) ◽  
pp. 12-40 ◽  
Author(s):  
Thaddeus Mason Pope

The legal doctrine of informed consent has overwhelmingly failed to assure that the medical treatment patients get is the treatment patients want. This Article describes and defends an ongoing shift toward shared decision making processes incorporating the use of certified patient decision aids.


2018 ◽  
Vol 25 (8) ◽  
pp. 2850-2874
Author(s):  
Alok Raj ◽  
Rupika Khanna

Purpose The purpose of this paper is to benchmarking the governance performance of Indian states. Design/methodology/approach This paper provides a framework to measure governance performance at the state level. Using the data on 28 key indicators, the authors evaluate Indian states on seven broad dimensions of governance quality covering several aspects of public service delivery, regulatory quality and law and order. The empirical methodology involves the application of multi-criteria decision making techniques in two steps. The authors, first develop suitable weights of the identified dimensions and criteria under each dimension by applying the inputs of an expert-based decision-panel in a best-worst framework. Next, using these weights, the authors evaluate ranking of each state using TOPSIS and PROMETHEE-II methods. Findings The results indicate wide disparities in the governance performance of Indian states. Based on different indicators, the paper evaluates the rank of all the major Indian states. Results reveal that “Social Service Delivery(S)” is the most influencing dimension for the development of a state. Overall, the authors find Andra Pradesh, NCT of Delhi and Goa to be the leading states in terms of governance quality. Research limitations/implications The paper provides policy makers with easy to use operational indicators to analyse the governance performance of Indian states. These would help in better monitoring of these states through competitive goal-setting for continuous improvement. Originality/value To the best of the authors’ knowledge, this study is the first formal assessment of governance quality in the Indian states in a multi-criteria framework. To this end, the paper addresses the issue of wide regional disparities in the country. The findings of the paper provide powerful insights to policy makers in setting up appropriate strategies to eliminate these disparities.


Author(s):  
Clinton Bailey

Dwelling in dispersion and far from any governmental law enforcement agencies that could provide them security, nomadic desert dwellers needed ways to protect themselves from violations such as murder, assault, insult, and theft. They achieved this security mainly by forming groups based on blood kin, or people of common descent, people whom they believed would honor claims of common loyalty and cooperation when problems with others arose. Each group they organized had a specific security function. The tribal structure of the Israelites as randomly noted in the Bible bears several similarities to that of the Bedouin. This chapter explores these similarities as well as their impact on the status and roles of the genders and on the institution of matrimony in both societies.


Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.


Author(s):  
Volodymyr Ivantsov

It is emphasized that the current legislation uses the terms "law enforcement agency", "law enforcement officer", which is directly correlated with law enforcement activities, which in turn indicates the unconditional relevance of the current study. This article analyzes the current legislation in order to separate law enforcement agencies from other government agencies, in order to assign certain positions of government agencies to law enforcement officers. As a result, the imperfections of the definitions of Ukrainian legislation for unambiguous identification of both law enforcement activities and the list of law enforcement agencies have been established. Theoretical and legal bases for establishing the affiliation of a state body to the list of law enforcement agencies in terms of practical implementation of current regulations are obtained by assessing the status of the Civil Service of Ukraine for Emergencies, namely: the assignment of a body to law enforcement should be carried out separately , taking into account the legal position (status) of such body defined in normative legal acts; if the endowment of a certain entity with the status of a law enforcement body has not occurred normatively, it is necessary to proceed from the analysis of the purpose (tasks) and basic functions assigned to a particular body and, accordingly, the powers vested in such a body It has been proved that SES bodies do not belong to law enforcement bodies, as they belong to the unified state system of civil protection (SES bodies are not assigned law enforcement tasks and / or functions; they are not endowed with law enforcement powers), and their officials cannot be recognized as law enforcement officers. body. It is emphasized that the legal approach proposed by the author to establish the affiliation of a state body to the list of "law enforcement agencies" may be fully applicable to other subjects of power, which in the future will provide an opportunity to outline the comprehensive range of law enforcement agencies in Ukraine.


Author(s):  
Rituparna Paul ◽  
Arunasis Goswami ◽  
Biswajit Pal

Crimes against women and girls have been increasing in recent years as reported by the National Crime Records Bureau. It becomes a serious social evil worldwide. The study has been tried to find out the trend of crimes against women for the period of the last ten years (2010-2019) in the states of eastern India i.e. Bihar, Jharkhand, Orissa and West Bengal. The study has been based on secondary data from the National Crime Records Bureau, Govt of India. The data have been extracted and analyzed to get the status of crimes in particular categories. The crime records of Bihar show an increasing rate of women assault cases. Jharkhand data shows that indecent representation of women has increased in recent years. In West Bengal Cruelty by husband is the most reported crime in West Bengal and it is also observed that rape cases were decreased in West Bengal continuously in the last ten years. It has been found that Orissa and Bihar are significantly high in crimes like women assault on the internet, an insult to the modesty of women, kidnapping and rape comparing other states of study. Cruelty by husbands and cases under the immoral traffic act had significantly higher in West Bengal compared to other states under study. The Dowry death and kidnapping and abduction are significantly high in Bihar. The different levels of crimes against women in different states not only indicates the status of women in the society and the law and order situations of that state but also it is a reflection of the socio-psychological aspects. Proper implementation of laws along with awareness of related issues, along with continuous monitoring can play a crucial role to minimize the overall crime scenario.


Author(s):  
S. I. Volodina

The paper considers the present time status of the Russian advocacy, the progress in digitalization of the legal profession and plans for the future development, as well as advocacy’s challenging issues and solu- tions. The article reviews criteria for division of advocacy’s challenging issues. The paper refers to the creation of a commemorative medal in honor of the 30th anniversary of the FSAR (Russian Federal Lawyers Union).The role in the integration of the legal profession of the famous attorney and the former head of the department of advocacy of the Kutafi n Moscow State Law University (MSAL) A. V. Kligman, in whose honor the medal was created, is described. Also, the article highlights the “Pashayev eff ect” as the legal profession antihero and shows the negative consequences to which his behavior led. Moreover, attention is paid to the Concept of the development of the legal aid market and the tasks of the legal profession. Besides topics discovered, the Author analyzes the problems of protecting the professional rights of attorneys, the example of violation of the rights is provided by the case of attorney Diana Tsipinova in 2020 and the advocacy’s attempts to achieve a positive result. The problem of creating a specialized advocacy is revealed. The question of the mandatory internship for the purpose to acquire the status of an attorney is discussed. Defenсe standards and Standards of proof are observed. An example of the successful practice in the fi eld of people’s mental health of attorney Y. L. Ershov and his role in changing the law enforcement in mentioned area is given. The role of professional development of advocacy is shown.


2018 ◽  
Vol 69 (2) ◽  
pp. 36-42
Author(s):  
L. M. Zakharenko ◽  
O. O. Maloholova ◽  
T. I. Yurchenko-Shekhovtsova

The author has studied the peculiarities of academic motivation of final-year cadets (n=323) of higher education institutions with specific educational conditions. It has been determined that the dominant motivation for their professional training is internal motivation. They make independent decisions about their professional activities and seek to continue their service within the National Police. Adequate and situational types of professional motivation are typical for cadets. Respondents are aiming for theoretical knowledge. The motives for the professional activities of final-year cadets do not affect their motivation to acquire theoretical knowledge, but they affect the acquisition of professional skills and abilities. The “romantic halo” of the profession remains in the perception of the profession by final-year cadets, but the material component also becomes important. The status of the profession in society and its material remuneration, as well as the curiosity of the chosen profession have significant influence on the motivation of future professional activities of fourth-year cadets. The motivating factor for internally motivated cadets is a sense of effectiveness, as well as status and state’s high salary for labor of law enforcement professionals. Externally positively motivated cadets in case of the decrease in the status of the profession, unrealized career ambitions or the reduction of the material rewards of law enforcement officers may begin to perform their duties formally or may leave the service. Externally negatively motivated cadets are not interested in performing professional duties. On the basis of the obtained data, the author has concluded on the importance of mentoring in the process of professional development of young specialists and the continuation of professional training in the system of postgraduate education and service training of police officers. The author has emphasized the importance of further motivation of final-year cadets within professional activity, in particular the introduction of a “motivational” package for police officers by the state.


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