Desert Society

2018 ◽  
pp. 69-106
Author(s):  
Clinton Bailey
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Common Descent ◽  
The Bible ◽  
The Status

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.

scholarly journals Current problems of outlining the list of law enforcement agencies of Ukraine: theoretical and legal principles and significance for law-enforcement practice (on the example of the State Emergency Service of Ukraine)

2020 ◽  
Vol 3 (3) ◽  
pp. 83-89
Author(s):  
Volodymyr Ivantsov
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Practical Implementation ◽  
Government Agencies ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
The Status ◽  
Basic Functions ◽  
Legal Position ◽  
State Body

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.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals From the Rejection of Court Disqualification to the Change of the Territorial Jurisdiction

2021 ◽  
pp. 22-26
Author(s):  
Antonina S. Taran ◽  
Keyword(s):  
Law Enforcement ◽  
Recent Change ◽  
Law Enforcement Agencies ◽  
High Position ◽  
Territorial Jurisdiction ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Status ◽  
Cast Doubt ◽  
The Russian Federation

The author refers to the institution of rejection as one of the most important guarantees of the independence of judges. The relevance of this research is due to the need to study and demonstrate the mechanism of influence of the ECHR decisions on Russian legislation and law enforcement practice. The article tracks the recent change in the position of the Supreme Court of the Russian Federation on the issue of rejection judges due to the special status of the person whose interests are affected by the criminal case under consideration/. In particular, it can be the status of a judge, a high position in law enforcement agencies and so on. The specificity of this rejection is to extend to the entire composition of the court, which makes it necessary to change the territorial jurisdiction. The author concludes that the fixing in part 1 of art. 35 of the Criminal procedure code of such a reason change territorial jurisdiction, as «the existence of circumstances that may cast doubt on the objectivity and impartiality of the court» has not eliminated entirely the need for use of the institution of rejection.

scholarly journals Registration of Second FIR (First Information Report) in Sughran Bibi Case: A Landmark Judgement of the Supreme Court of Pakistan

2020 ◽  
Vol 3 (1) ◽  
pp. 113-122
Author(s):  
Rais Nouman Ahmad ◽  
Faiz Bakhsh ◽  
M. Danyal Khan ◽  
Sidra Kanwal
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Supreme Court ◽  
Significant Role ◽  
Criminal Trial ◽  
Judicial System ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
Police Report ◽  
The Status

The registration of First Information Report (FIR) has remained a challenging area for the judicial system of Pakistan; the multiplicity of the FIRs means separate investigation and separate police report. Precedents were available far and against the second FIR which had been creating perplexity and nuisance for law enforcement agencies. First Information Report is contaminated by the inclusion of exaggerated facts by the aggrieved parties. Moreover, there are several allegations on the working of police in Pakistan for drafting the FIR arbitrarily. Although FIR is a mere document to report the incident, however, it has gained a significant role in deciding the fate of a criminal trial in Pakistan. Therefore, it is imperative to examine the status of FIR in criminal-trail framework of Pakistan. To do this, Sughran Bibi Case is very significant in interpreting the status of multiplicity of FIRs in the criminal trail framework. Seven judges of esteemed Supreme Court decided the fate of second FIR in this human rights case. The study investigates the doctrinal aspects of the judgement by presenting a theoretical examination of the status of FIR, its evidentiary value, and effectiveness in the criminal trial framework.  

scholarly journals Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes

2021 ◽  
Vol 7 (3) ◽  
pp. 89-93
Author(s):  
Lilia R. Komarova ◽  
Mikhail V. Kolesov
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
The Status ◽  
The Right ◽  
The Impact

The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.

scholarly journals Protection of Victims in Estonia: A Survey Determining the Status Quo After Implementation of the Directive 2012/29/EU

2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Online Survey ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Face To Face ◽  
Legal Professionals ◽  
The Status ◽  
Law Enforcement Officials

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.

scholarly journals Epistemologies of predictive policing: Mathematical social science, social physics and machine learning

2021 ◽  
Vol 8 (1) ◽  
pp. 205395172110031
Author(s):  
Jens Hälterlein
Keyword(s):  
Machine Learning ◽  
Law Enforcement ◽  
Social Science ◽  
Justice System ◽  
Black Box ◽  
Law Enforcement Agencies ◽  
Predictive Policing ◽  
Social Physics ◽  
The Status ◽  
Insight Into

Predictive policing has become a new panacea for crime prevention. However, we still know too little about the performance of computational methods in the context of predictive policing. The paper provides a detailed analysis of existing approaches to algorithmic crime forecasting. First, it is explained how predictive policing makes use of predictive models to generate crime forecasts. Afterwards, three epistemologies of predictive policing are distinguished: mathematical social science, social physics and machine learning. Finally, it is shown that these epistemologies have significant implications for the constitution of predictive knowledge in terms of its genesis, scope, intelligibility and accessibility. It is the different ways future crimes are rendered knowledgeable in order to act upon them that reaffirm or reconfigure the status of criminological knowledge within the criminal justice system, direct the attention of law enforcement agencies to particular types of crimes and criminals and blank out others, satisfy the claim for the meaningfulness of predictions or break with it and allow professionals to understand the algorithmic systems they shall rely on or turn them into a black box. By distinguishing epistemologies and analysing their implications, this analysis provides insight into the techno-scientific foundations of predictive policing and enables us to critically engage with the socio-technical practices of algorithmic crime forecasting.

scholarly journals FOREIGN EXPERIENCE IN COUNTERING (PREVENTING) ORGANIZED CRIME IN THE FINANCIAL SYSTEM: SPECIAL LAW ENFORCEMENT BODIES AND STRATEGIC PRIORITIES

2019 ◽  
Vol 5 (3) ◽  
pp. 25
Author(s):  
Bohdan Holovkin ◽  
Kostyantyn Marysyuk
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
System Development ◽  
Financial System ◽  
Economic Security ◽  
Law Enforcement Agencies ◽  
Foreign Experience ◽  
The Status ◽  
The Usa ◽  
Global Threat

The aim of the article is the analysis of countering organized crime in the financial system in Ukraine and abroad, as well as the development of concrete proposals to optimize the legislative provision of such activities by special international law enforcement agencies in connection with countering crimes in the financial system committed by organized groups and criminal organizations. The subject of the study is an organized crime in the financial system: foreign experience. Methodology. The analysis of legal regulations of Ukraine, the EU, and the USA, as well as scientific literature, enables to study the state of affairs in combating organized groups, which commit economic crimes, and define strategic priorities and objectives of countering this socially negative phenomenon in Ukraine. The results of the study reveal that the implementation of foreign experience in the national economic development faces a number of key economic challenges, primarily organized crime, that hinder the national economy improvement. The author determines that a comprehensive organized crime coping strategy in the financial system is needed currently. Practical implications. The study determines that the issue of countering organized crime in the financial system has become international over the last few decades, overstepping the boundaries of individual countries or regions and gaining global significance. The world community recognizes that organized crime in the financial system has become a global threat to economic security that requires states to adopt measures agreed to combat this socially dangerous activity, both nationally and internationally. Relevance/ originality. The study reveals the status of the economic system development in Ukraine, as well as further improves identifying of effective trends of organized crime prevention in the financial system of Ukraine, taking into account positive foreign experience.

scholarly journals Reconstruction of Corruption Law Enforcement in the Anti Rasuah Institution "Corruption Eradication Commission (KPK)” (Based on Approach “Berani Jujur Pecat” (Dare Honest Fired)”

2021 ◽  
Vol 2 (3) ◽  
pp. 316-325
Author(s):  
Adi Mansar
Keyword(s):  
Law Enforcement ◽  
Special Function ◽  
State Institution ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
The People ◽  
The Status ◽  
The Law

Changes to the law are a necessity in accordance with the development of society, whether one law is revised or in the form of reconstruction or deconstruction by changing all existing laws, especially in one state institution that has a special function, for example the Corruption Eradication Commission (KPK) must follow development? What is the Institutional and Personal Position of the KPK after the status transfer to State Civil Apparatus? How effective is the KPK in eradicating corruption after it has been reconstructed? The reconstruction of the KPK institution is expected to bring the KPK to be better, more optimal and remain a supervisory institution for other law enforcement agencies that are able to bring order and legal certainty and justice to the people of Indonesia. The change in the status of KPK employees to State Civil Apparatus is a form of generalizing KPK personnel without making distinctions like so far, so it is feared that there will be no more competition and contestation between the investigative teams who work professionally. The existence of the KPK institution is re-examined with the enactment of Law Number 19 of 2019 concerning the KPK, hopefully the stigma of the superbody institution will remain attached to the KPK will not turn into a super executive institution that works at the request of certain parties and hopefully the KPK will maintain the psychology of the people who hope that the KPK must continue to exist even if fired for doing "HONEST" and the truth.

scholarly journals Criminality in the Armed Forces of Ukraine as an object of criminological research

2021 ◽  
Vol 1 (12) ◽  
pp. 103-114
Author(s):  
Puzyrov M. S. ◽  
Keyword(s):  
Law Enforcement ◽  
Military Service ◽  
Armed Forces ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Criminological Research ◽  
First Case ◽  
Criminal Offenses ◽  
Special Part ◽  
The Status

The article analyzes criminality in the Armed Forces of Ukraine as an object of criminological research. The expediency of studying criminality in the Armed Forces of Ukraine in both broad and narrow senses is found. In the first case, the analyzed type of criminality has its general criminal nature and is represented by a set of criminal offenses, the commission of which is possible both by servicemen of the Armed Forces of Ukraine and other entities. This is the so-called general criminality represented by such criminal offenses as injuries of varying severity, murders, theft, etc. In a narrow sense, criminality in the Armed Forces of Ukraine is considered as a set of relevant criminal offenses, the commission of which is possible only through the person’s presence in the status of a special entity, which in this context is a serviceman of the Armed Forces of Ukraine. In this case, it’s about criminal offenses against the established procedure for military service (military criminal offenses), provided in Section XIX of the Special Part of the Criminal Code of Ukraine. The concept of “crime prevention in the Armed Forces of Ukraine” is scientifically substantiated and defines as a set of special organizational, administrative, criminal law, criminal procedural, criminal-executive and operative-search measures of specially authorized units of the Armed Forces of Ukraine in cooperation with law enforcement agencies on prevention and cessation of criminal-illegal encroachments regarding the established order of military service, economic, violent, mercenary-violent (etc) orientation in the Armed Forces of Ukraine, which are carried out on the basis of constitutional and special-branch norms and principles concerning defined groups or individually defined persons, methods and means provided by the current legislation. Key words: Armed Forces of Ukraine, military servicemen, criminological research, criminality, determinants, prevention.

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