The Experience of Taking Control over the Illegal Turnover of the Sturgeon Fishes, Committed by Forms of Organized Crime, Applied Abroad

2016 ◽  
Vol 6 (2) ◽  
pp. 270 ◽  
Author(s):  
Darkhan Amangeldievich AMANGELDIYEV

The presented article takes a look at the problems of resisting the illegal turnover of the sturgeon fishes, committed by forms of organized crime. At present, when the moratorium on fishing the sturgeon species in the Caspian has been adopted, poaching continues to be the only source of the illegal turnover of the products, made from the sturgeon fishes, and at the same time, it is the major threat to the sturgeon populations, and the poaching takes organized forms. The author considers the causes and circumstances that lead to the emergence of organized forms and committing illegal fishing of the sturgeon fishes in the Ural River and the part of the Caspian that belongs to Kazakhstan, and why the illegal turnover of sturgeon flesh and roe persists. Among the main causes of the illegal turnover and poaching, the author names the unemployment problems of the local population, the high demand on the products made from the sturgeon fishes abroad, the insufficient government control over the issue. The experience of implementing some organizational and law-enforcement measures has been examined, that are applied in different states, in order to prevent the poaching violations, as regards the sturgeon fishes and the illegal turnover of the sturgeon products. As the directions of improving the legal basis, introducing harsher criminal responsibility for poaching is suggested, and a set of organizational measures for putting an end to the illegal turnover of the products from the sturgeon fishes.

Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.


Rechtsidee ◽  
2021 ◽  
Vol 9 ◽  
Author(s):  
Sekar Langit Jatu Pamungkas ◽  
Kuswardani

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. 


Author(s):  
Henri Decoeur

Chapter 6 proposes the adoption and discusses the contents of a universal treaty by which states parties would undertake to criminalize state organized crime specifically, to adopt provisions in their domestic law to allow for more effective law enforcement, and to refrain from participating in or supporting organized criminal activities. The proposed treaty is designed to remedy certain of the limits of the existing law. First, it would provide an appropriate legal basis for prosecuting and punishing individuals involved in state organized crime. Secondly, it creates a broad obligation for states parties to establish both territorial and extraterritorial jurisdiction over the proposed crime, and widens the scope of the obligation aut dedere aut judicare, with a view to pressuring states parties genuinely to initiate proceedings against suspected offenders present in their territory. Thirdly, it opens the door for the international responsibility of a state party involved in organized crime.


Author(s):  
A.I. Glushkov ◽  
◽  
A.B Gadzhiev ◽  

The article is devoted to the analysis of the legal basis of criminal responsibility for committing murders motivated by national hatred, regulated by the norms of the criminal legislation of the Russian Federation. Legal literature, legislative acts, as well as judicial and investigative practice on this issue are analyzed. On the basis of the research, the author identifies the features of the criminal-legal qualification of murders of this category, the problems faced by law enforcement officers in this regard, as well as substantiated proposals to improve the criminal legislation and practice of its application.


2017 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
Agung Tri Radityo

Investigating the aspects or arresting the intellectual perpetrators of corporate crimes has not been typically done by the public prosecutor in the trial concerning the responsibility of corporate crime in criminal act of illegal fishing. Even though it has been stated clearly in law of state, the corporate crime of illegal fishing is not strictly enforced. Moreover, the criminal act of illegal fishing is considered as general crimes instead of special crimes. In this case, illegal fishing is supposed to be considered as special crimes that should be solved distinctively. This article particularly discusses the improper enforcement of corporate crime in illegal fishing conducted by law enforcement agents. Terribly, this concern would not bring deterrent effects for the perpetrators, particularly the intellectual perpetrators and their corporate.


2020 ◽  
Vol 5 (4) ◽  
pp. 426-453
Author(s):  
Kirill Petrov

Abstract The phenomenon of color revolutions has occupied a prominent place in Russian politics for a good reason. The major threat of color revolutions as modern political warfare designed by Western countries deeply affected the political process in Russia since 2005. It may have appeared that the imperative of resisting them was the result of a non-democratic regime reacting to neighboring countries’ uprisings. Some portrayed it as authoritarian learning. This paper suggests that the counteractions stemmed from the interests of disunited Russian elite groups who were seeking opportunities to reinforce their dominance and capitalize on the idea of significant external threats. The phenomenon reshaped the balance within elite groups and led to the consolidation of law enforcement networks on the eve of Putin’s third term. Further, the prevailing perception of color revolutions discouraged any elite splits that could lead to proto-democratic rules.


Author(s):  
Aleksey V. Kutuzov

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.


2015 ◽  
Vol 18 (2) ◽  
pp. 234-247 ◽  
Author(s):  
George Henry Millard ◽  
Tim Hundleby

Purpose – The purpose of this paper is to look at the origins and development of organized crime in Brazil. Design/methodology/approach – The authors draw on their experience working in law enforcement for many years in Brazil. Findings – The paper outlines the major crimes committed by organized crime in Brazil and the structure of the main organization carrying them out. Research limitations/implications – The research concentrates on São Paolo and further research needs to be done. Originality/value – This is the first attempt to put the development of organized crime in Brazil into a historical and developmental context.


2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.


2017 ◽  
Vol 45 (6) ◽  
pp. 127-139 ◽  
Author(s):  
Antonio Fuentes Díaz

The self-defense groups of La Ruana and Tepalcatepec and other communities in the Tierra Caliente of Michoacán, Mexico, emerged to oppose both the extortion and violence of the local parastatal order of organized crime and the central state’s demands for their disarming and dissolution. They represented a form of governmentality at the local level in which various nonstate actors performed the functions of government, control, and security in the grey area between legality and illegality. Los grupos de autodefensa de La Ruana y Tepalcatepec, así como de otras comunidades de tierra caliente en Michoacán, México, surgieron para contrarrestar las extorsiones y violencia del orden local paraestatal formado por el crimen organizado, así como las exigencias de desarme y disolución del estado central. Representaban una forma de gobernabilidad a nivel local, con varios actores no estatales haciendo las veces de gobierno, control y seguridad en un área gris entre lo legal y lo ilegal.


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