scholarly journals Legitimate Harm — a Methodological Basis for the Permissibility to Use Malicious Activities in the Operational Activities of Law Enforcement Bodies and Special Services

2018 ◽  
Vol 6 (7) ◽  
pp. 1-1
Author(s):  
Валентин Михайлов ◽  
Valentin Mikhaylov
Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.


2021 ◽  
Vol 118 ◽  
pp. 02009
Author(s):  
Vladimir Mikhailovich Zolotukhin ◽  
Rashit Saitgoraevich Bikmetov ◽  
Vadim Viktorovich Shiller ◽  
Anastasiya Aleksandrovna Tarasenko

The aim of the study is a comparative analysis of the socio-cultural aspect of criminal law enforcement in the Russian mentality. The methodological basis was such scientific methods as dialectical, comparative, logical, historical, prognostic, and systems analysis. This allowed, to achieve this goal, to perform a comparative analysis of the works of Russian and foreign legal experts on the examined problem. The result of the study was the conclusion that the effectiveness of law enforcement is due not only to national mentality, but also to the socio-cultural environment both on the part of the law enforcement officer and citizens as participants and/or eyewitnesses of specific legal relations. The authors also emphasize that culture, as well as socio-cultural environment forms stereotypes of legal behavior, depending on the constitutional and legislative consolidation of socio-political and socio-economic trends in the development of society. The novelty of the work lies in the formulation of the problem and its substantiation. This is due to the fact that the authors emphasize that an essential element is the degree of acceptability of value stereotypes in a particular state that allow and/or prohibit certain actions in connection with the possibility of undermining the foundations of national security and public morality.


2016 ◽  
Vol 291 ◽  
pp. 83-87
Author(s):  
Brunon Hołyst

The author emphasizes the importance of actions taken by police officers, who usually are the first to arrive at the crime scene, for a full explanation of the event. It is essential to provide them with basic knowledge of the types of forensic evidence, methods of its collection and securing. The results of operational activities of the police and other investigation services acting under Law Enforcement Agency (LEA) depend on the work of those police officers.


2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.


2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.


2020 ◽  
Vol 21 (1) ◽  
pp. 25-45
Author(s):  
V. Shevchyuk

The article is devoted to relevant problems of the reaserch on forensic innovations concept, its significant features, attributes, theoretical problems of development and their implementation into law enforcement activity. The analysis of scientific approaches to forensic innovations understanding is carried out, its definition is offered, significant features and attributes are singled out, its relation to the concept of innovative forensic product is analyzed. The main features of forensic innovations are considered: innovativeness (novelty), objectivism, subjectivism, purposefulness, demand, practical applicability, efficiency. It is substantiated that innovation should be understood as developed, implemented and applied in practice the latest technical-, tactical-, methodicalforensic means that are the result of research or development activities, embodied in the form of a new product (production), technology, service, solutions, used by special qualified entities in practice and aimed at effectively solving forensic tasks and ensuring optimization, improving the quality and effectiveness of law enforcement practice. It’s noted that in modern realities an important course for improving the conceptual apparatus of forensic innovation is the clarification and unification of terms. The main categories of the studied theory are the concepts of “innovative forensic product” and “forensic innovation”. The analysis of the essence of these concepts gives grounds to assert that the innovative forensic product and forensic innovation are separate types of means of forensic innovation. The methodological basis for the development and implementation of forensic innovations into law enforcement are activity-based, system-structural and technological approaches, the use of which is promising for the formation of a separate forensic theory − forensic innovation. It’s substantiated that the complex approach in the development and formation of forensic innovation basic concepts is a methodological foundation for further research on this issue. It’s noted that in current realities criminalistics and each of its sections face important problems intending to study and take into consideration modern innovative achievements of science and technology, which can be effectively used while combating crime and successfully ensure urgent needs with forensic innovations in practice. New scientific approaches and proposals for solving the researched discussion problems are justified, perspective directions of research in this field of knowledge are defined.


2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.


Author(s):  
T. O. Yerzhanov ◽  
A. G. Mukhamedzhanova

The article examines the legal foundations of post-privatization control of social facilities in Kazakhstan as a factor in increasing the efficiency of privatization. Based on the study of legislation, the current role and essence of post-privatization control has been determined. The current situation in the implementation of post-privatization control is analyzed, problems of the effectiveness of the implementation of post-privatization control are identified, and ways of their solution are proposed. The methodological basis of the research was formed by the methods of critical legal and content analysis. The research toolkit included criticism of the law enforcement practice of the legislation of the Republic of Kazakhstan in the field of state property, using a specific example. In addition, the author analyzed interviews and statements in the media of other stakeholders of the privatization process in order to study their position on the subject of this study. The results of the study show that, despite the optimistic attitude of representatives of state bodies against the background of the absence of negative “cases”, the current legislation regulating relations in the field of state property lacks effective mechanisms to influence purchasers of social facilities, which would ensure the protection of the interests of society in obtaining quality social services.


2021 ◽  
Vol 143 (3) ◽  
pp. 104-136
Author(s):  
Jacek Jastrzębski ◽  
Kamil Mroczka ◽  
Michał Stępiński

The Polish Financial Supervision Authority (hereinafter: KNF) is the key element of the economic security system of the Polish State. By establishing the KNF, the Polish legislator applied the concept of integratedfi nancial supervision (covering bank supervision, insurance supervision and capital market supervision) located outside the central bank. The KNF has been vested with a broad mandate, including powers to supervise authorised entities. However, the scope and nature of measures available to the KNF in the prevention of economic crime are determined by the institutional position of the KNF, which has not been established as a law enforcement authority or a uniformed or special service but rather an institution engaged in the fi ght against economic crime by providing expertise, supporting other state services specialised in this area. The KNF and the Offi ce of the Polish Financial Supervision Authority (hereinafter: UKNF) actively support, among others, the police units that fi ght crime in the fi nancial market and work to increase the economic security of the Polish State. Therefore, it is imperative to ensure broad and effi cient cooperation between the police and the KNF. However, such collaboration must not be limited to relations between the institutions’ management; it should also involve, as far as possible, working and operational activities carried out at both institutions by individuals responsible for day-to-day tasks. This paper provides a closer perspective on the formal and organisational framework of said cooperation and discusses its examples.


Sign in / Sign up

Export Citation Format

Share Document