The Main Directions of Improving the Activity of Internal Affairs Bodies of the Republic of Kazakhstan in the Field of Environmental Safety Protection

2019 ◽  
Vol 9 (5) ◽  
pp. 1558
Author(s):  
N. B. BAGISOV
Keyword(s):  
Environmental Protection ◽  
Complex Analysis ◽  
Legal Protection ◽  
Environmental Safety ◽  
The State ◽  
Law Enforcement Agencies ◽  
Safety Protection ◽  
Internal Affairs ◽  
The Republic ◽  
Protection Activity

The present article studies the legal fundamentals of the organization and activity of internal affairs bodies aimed at ensuring environmental safety protection in the Republic of Kazakhstan. Despite the expressed increased attention of the scientific community to the environmental safety of the society and the state, currently there is a lack of studies dedicated to the complex analysis of legal protection of the environment, as well as the special analysis of the environmental protection activity of internal affairs bodies. The objective of this work is to reveal the peculiarities of functions of internal affairs bodies of the Republic of Kazakhstan for environmental safety protection. Basing upon the analysis of the current legislation, the forms of independent activity and interaction of the police with other law enforcement agencies are distinguished in the field of implementation of the environmental safety protection function of the state. The article considers the procedural and institutional and prompt measures in the field of counteracting environmental crimes. The article studies the international experience of environmental safety protection by the police: the structure and legal consolidation of their activity; the mechanisms of implementation of the environmental function; the determination of their place and role in the environmental field. The authors draw a conclusionthat the current legislation of the Republic of Kazakhstan does not clearly determine the environmental protection functions of internal affairs bodies; the legislative specification of the environmental safety protection activity of internal affairs bodies is estimated and the idea of the development of a special subdivision of the environmental police is supported.

scholarly journals Jurisdiction of state administration in the procedure of issuing travel documents

2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar
Keyword(s):  
The State ◽  
Foreign Affairs ◽  
Freedom Of Movement ◽  
Exclusive Jurisdiction ◽  
State Administration ◽  
Administrative Procedures ◽  
Internal Affairs ◽  
The Republic ◽  
The Government

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.

scholarly journals First Travel Fraud Case and the Legal Protection for the Victims

2021 ◽  
Vol 3 (3) ◽  
pp. 267-280
Author(s):  
Hafizh Siraji
Keyword(s):  
Legal Protection ◽  
The State ◽  
District Court ◽  
Material Loss ◽  
The Republic ◽  
Case Number

Fraud committed by PT. First Travel has at least harmed prospective Hajj and Umrah pilgrims as many as 35,000 people, of which the material loss in this case is 500 billion. This is also suspected by the lack of strict regulations made by the state through Law No. 13 of 2008 concerning the implementation of Hajj and Umrah. However, until now the protection for the loss of first travel victims has not been completed, the decision of the Depok District Court with case number 83/Pid.B/2018/PN.Dpk which led to an appeal with case number 3096/K/PID.SUS/2018 decided on January 31, 2019. All assets seized were in accordance with the Decree of the Minister of Justice of the Republic of Indonesia Number M.04.PR.07.03 of 1985 concerning the organization and working procedures of RUTAN and RUPBASAN. This paper is indented to analyze the protection for the victims on the fraud case on PT First Travel Fraud case.

scholarly journals TOPICAL ISSUES OF PROFESSIONAL AND PSYCHOLOGICAL SUITABILY IN THE SYSTEM OF THE MIA OF THE REPUBLIC OF TAJIKISTAN

2021 ◽  
pp. 211-218
Author(s):  
Somon Latifzoda
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Professional Training ◽  
Scientific Literature ◽  
Decisive Role ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Internal Affairs ◽  
The Republic ◽  
Psychological Diagnostics

This article discusses the main problems and issues of professional and psychological suitability in the system of the Ministry of Internal Affairs of the Republic of Tajikistan. The analysis of the existing scientific literature was carried out, and also the author's recommendations were formulated to improve the professional training and professional suitability of the employees of the Ministry of Internal Affairs. Along with the professional training of police officers, their psychological qualities also play a decisive role in ensuring efficiency in operational-search activities. The quality and effectiveness of the implementation of operational-search activities, then its level directly depends on the psychological characteristics of the operative and his professional training. It should be noted that scientifically grounded conclusions about the professional and psychological suitability of employees can only be achieved with the help of high-quality and correct psychological diagnostics, that is, using psychometric methods. The basis for the survey of professional and psychological suitability, the procedure, procedure, conditions and terms of the survey, cases of re-examination are determined by regulatory legal acts. Consequently, the research and scientifically grounded measures to determine professional suitability in the internal affairs bodies of the Republic of Tajikistan are relevant, and the scientifically grounded results obtained as a result of our research can be used to further improve the professional and psychological selection to the law enforcement agencies of the country.

scholarly journals An Existence of State Administration Court in Establishing Good Governance

2019 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Ruslin Ruslin
Keyword(s):  
Good Governance ◽  
Legal Protection ◽  
The State ◽  
Law Enforcement Agencies ◽  
Judicial Control ◽  
The Public ◽  
Administrative Functions ◽  
State Administration ◽  
Good Government ◽  
Executive Agencies

Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state administrative court in addition aims to provide legal protection for the public and state administration officials themselves, as well as state administrative law enforcement agencies who aspire to realize a good and authoritative government. Keywords: Good government, State administration court

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 ASP FISH -AN EXAMPLE FOR RAPPROCHEMENT OF "LEGAL AREAS"ON LAKE BALKHASH

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 39-44
Author(s):  
S.A. Pavlova ◽  
I.E. Pavlov ◽  
O.O. Shelepova
Keyword(s):  
Environmental Management ◽  
Environmental Protection ◽  
Terrestrial Ecosystems ◽  
The State ◽  
Recreational Fishing ◽  
Role Of The State ◽  
Lake Balkhash ◽  
The Republic ◽  
Sustainable Population

In the Balkhash basin, an independent sustainable population of asp fish has formed, which is of great importance in industrial and recreational fishing. In the Republic of Kazakhstan, Lake Balkhash is one of the main fishing reservoirs. In the last decade, this region has experienced a powerful diverse anthropogenic and technogenicimpact, which has led to significant negative changes in aquatic and terrestrial ecosystems. The role of the state in the regulation of environmental management and environmental protection.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

scholarly journals Sanksi Pidana Penyalahgunaan Pengangkutan Bahan Bakar Bersubsidi

2020 ◽  
Vol 1 (2) ◽  
pp. 281-285
Author(s):  
I Dewa Gede Sastra Buwana ◽  
I Wayan Rideng ◽  
I Ketut Sukadana
Keyword(s):  
Oil And Gas ◽  
Legal Protection ◽  
The State ◽  
Point Of View ◽  
District Court ◽  
Criminal Sanctions ◽  
Legal Literature ◽  
Legal Sanctions ◽  
The Republic ◽  
The Government

Oil and gas is a natural resource controlled by the state and is a source of vital commodities that play an important role in every human activity. The misuse of the transportation and trade of fuel subsidized by the government by certain individuals can take away the rights of the less fortunate and result in losses to the state. This research explains how to arrange the transportation or commercialization of subsidized fuel and to find out the criminal sanctions for the perpetrators of misuse of subsidized fuel. The research method used is Normative Law research. The statutory approach to the problem is to analyze from the point of view of statutory regulations and relevant theories. Sources of legal materials in this study are primary and secondary legal materials. The technique of collecting legal materials is obtained from legal literature materials by collecting, reading and recording legal materials related to the crime of misuse of subsidized fuels. The results of this study are first, the regulation of legal protection and supervision has been regulated in accordance with the provisions of Article 46 of Law No. 22 of 2001 on Oil and Gas. Second, legal sanctions against perpetrators of misuse of subsidized fuel: case at the Gianyar District Court (PN) case number 153 / Pid.Sus / 2017 / PN. Gin is cumulative in nature, as regulated in Article 55 of the Republic of Indonesia Law No. 22 of 2001, namely given a verdict in the form of a prison sentence of 10 (ten) months and a fine of 2 million rupiahs provided that if the fine is not paid, it is replaced by imprisonment for 2 (two) month

scholarly journals OMBUDSMAN: STUDI PERBANDINGAN HUKUM ANTARA INDONESIA DENGAN DENMARK

2020 ◽  
Vol 16 (1) ◽  
pp. 1-12
Author(s):  
Sultoni Fikri ◽  
Syofyan Hadi
Keyword(s):  
Analytical Method ◽  
Public Services ◽  
Good Governance ◽  
Legal Protection ◽  
State Institution ◽  
Comparison Method ◽  
The State ◽  
State System ◽  
State Institutions ◽  
The Republic

The Ombudsman as a state institution has the duty to oversee the administration of the state, particularly in public services in order to realize good governance. Therefore the institution is demanded to be independent and impartial to other state institutions. In addition, the presence of the Ombudsman becomes a manifestation of legal protection for the community in the event of maladmnistration conducted by the apparatus/state officials in using their authority. The birth of the Ombudsman is inseparable from history in Scandinavian countries, including in Denmark. The Danish Ombudsman, known as the Folketingets Ombudsmand, has become one of the most important institutions in the state system there. While in Indonesia, its position has received less attention. This difference makes the writer interested to compare it. The approach used in this paper uses a micro-type body of norm approach, which is a legal comparison that uses the Act as the basis for comparison, which is used is Act Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia compared to the Danish Ombudsman Act. Whereas the legal comparison method uses analytical method. The result of this research is to reconstruct the law in Law Number 37 Year 2008 concerning the Ombudsman of the Republic of Indonesia by adopting from what is in the Danish Ombudsman Act. the hope is that the existence of ORI is so respected and recommendations from ORI are not merely morally binding but are legally binding.Ombudsman sebagai lembaga negara yang memiliki tugas untuk mengawasi dari penyelenggaraan negara, khususnya pada pelayanan publik agar terwujudnya good governence. Oleh karena itu lembaga tersebut dituntut untuk bersifat independen dan tidak memihak kepada lembaga negara lainnya. Selain itu hadirnya Ombudsman menjadi suatu perwujudan perlindungan hukum bagi masyarakat apabila terjadi maladmnistrasi yang dilakukan oleh aparatur/pejabat negara dalam menggunakan kewenangannya. Lahirnya Ombudsman tidak lepas dari sejarah di negara Skandinavia, termasuk di Denmark. Kedudukan Ombudsman Denmark atau dikenal sebagai Folketingets Ombudsmand, lembaga tersebut menjadi salah satu lembaga penting dalam sistem ketatanegaraan disana. Sedangkan di Indonesia keududukannya kurang mendapat perhatian. Perbedaan inilah yang membuat penulis tertarik untuk membandingkannya. Pendekatan yang digunakan dalam penulisan ini menggunakan pendekatan mikro jenis bodies of norm, yaitu perbandingan hukum yang menggunakan Undang-Undang sebagai dasar untuk melakukan perbandingan, yang dipakai adalah Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia dibandingkan dengan The Ombudsman Act Denmark. Sedangkan untuk metode perbandingan hukum menggunakan analytical method. Hasil dari penelitian ini adalah untuk dilakukan rekonstruksi hukum pada Undang-Undang Nomor 37 Tahun 2008 tentang Ombudsman Republik Indonesia dengan mengadopsi dari apa yang ada di The Ombudsman Act Denmark. harapannya adalah eksistensi ORI begitu disegani dan rekomendasi dari ORI tidak sekadar mengikat secara moral melainkan mengikat secara hukum.

Human Life and Health as an Object of Environmental Law in the Globalised World

2020 ◽  
Vol 27 (1) ◽  
pp. 189-200
Author(s):  
Anatolii Getman
Keyword(s):  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Environmental Security ◽  
The State ◽  
Dominant Factor ◽  
Negative Consequences ◽  
State Of The Environment

The article examines the issues of legal protection of human life and health in the latest globalisation processes, which have covered all spheres of political, economic, financial, social, geographical and cultural life and are becoming a basic factor of humanity on the planet. These processes set new trends in the ecological development of the state, redefine the problems of environmental security due to the changing nature of the challenges and threats facing humanity. The unfavourable state of the environment and the need to ensure environmental safety require the adoption of adequate legal, organisational and other measures. It is believed that in these conditions a human, his life and health should be at the centre of the mechanism of legal regulation of protection and defence, environmental safety, especially the establishment of the legal status of citizens affected by the negative consequences of environmental danger and guarantees of such citizens. The state has a number of obligations to human to create conditions for his “environmental comfort”. Such obligations should be reflected in the environmental legislation of the respective states. Recently, urban areas have been becoming threatening, the uncontrolled expansion of which inevitably leads to disruption of the normal functioning of the biogeotic cover of the planet, and consequently – a negative impact on health and life of mankind and especially that part of it living in large cities or other cities. It turns out that the general unfavourable state of the environment makes new demands on environmental security, which in the context of globalisation and internalisation of environmental problems is becoming a dominant factor in global security, as the environmental situation worsens, requiring effective policies to improve it.

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