Legal Aspects of Law Enforcement Operative-Investigative Activity in Special Conditions in Kazakhstan

2022 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Gulnara M. Rysmagambetova ◽  
Dauren T. Akhmetov
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Investigative Activity

Criminal law measures to combat provocation of crimes and falsification of criminals

2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Actual Problem ◽  
The Individual

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

HISTORICAL AND LEGAL ASPECTS OF THE DEVELOPMENT OF PROSECUTION BODIES

2019 ◽  
Vol 19 (3) ◽  
pp. 198-203
Author(s):  
Adilet Merkanov ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Aspects ◽  
The State ◽  
Successful Implementation ◽  
Kyrgyz Republic ◽  
The Public ◽  
Political Transformations ◽  
Democratic Rule

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so that the human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.

THE CONCEPT, ESSENCE, TYPES AND FORMS OF PROTECTION OF ENTREPRENEURSHIP

2021 ◽  
Author(s):  
Sergey Vasilievich Mudritsky ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Economic Conditions ◽  
The Law

The article deals with the development of entrepreneurship in the new economic conditions, analyzes and reveals the concept and essence of the protection of the rights of entrepreneurs, the legal aspects of forms and methods of protecting the rights of subjects of entrepreneurship, the methods of restoration functions of violated rights in the law enforcement legal relations.

scholarly journals Perspectives for Using the Programmatic Approach within the Activities of Law Enforcement Agencies of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 170-178
Author(s):  
O. O. Khan
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
National Guard ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Emergency Situations ◽  
Course Of Action ◽  
State Of Research ◽  
Enforcement Activity ◽  
Investigative Activity

On the basis of the analysis of the state of research of algorithms and programming of investigative activity in criminalistics, the author has grounded the expediency of applying a programmatic approach to solving typical tactical problems in other areas of law enforcement activities. Theoretical prerequisites for the development of procedural action programs by law enforcement entities in Ukraine (criminal and procedural, operative and search, administrative and jurisdictional) have been determined. The necessity of intensifying scientific researches in the direction of development of branch concepts of tactics of different types of law enforcement activities and their constituent elements (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques and their situational predetermination) has been determined. In particular, the author has determined that the investigator is not the only possible subject of being armed with tactical recommendations in the form of algorithms and programs. The subject matter of the research of criminalistic tactics is not only investigative activity, but also operative and search, judicial and prosecutorial activity in criminal proceedings. Equally important is the tactical completion of administrative activities of law enforcement agencies and, on this basis, the establishment of programs of action by police officers, border guards, National Guard, customs service, etc. in exercising their administrative powers for the protection of public order and state border, actions in emergency situations, administrative cases, etc. The justification of the possibility of applying a programmatic approach within administrative activities of law enforcement agencies is the uniformity of administrative and jurisdictional, criminal and procedural activities, which are covered by a single concept of “law enforcement activity”. It has been established that the programmatic approach can be applied in any sphere of law enforcement activity, if: 1) such activity is situational in nature, and it is possible to perform the tasks arising during the implementation of this activity through consistent implementation of certain actions; 2) there is the need to streamline these activities by providing tactical recommendations in the modern form with the use of computer technologies and the ability to use them directly in the course of action, in “field conditions”; 3) the level of elaboration of theoretical bases of tactics of a specific type of law enforcement activity is sufficient (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques has been elaborated).

scholarly journals Legal and Moral Aspects of Confidential Cooperation between Individuals and Law Enforcement Agencies

2019 ◽  
Vol 86 (3) ◽  
pp. 69-79
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Point Of View ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Public Interests ◽  
The Public ◽  
State Apparatus ◽  
Moral Point

The legislative regulation of using confidants in Ukraine, as well as the moral aspects of confidential cooperation between individuals and law enforcement agencies have been analyzed. Some reasons that contributed to the regulation of confidential cooperation at the legislative level have been revealed in the historical retrospective; the correlation of the terms of “assistance” and “cooperation” used in the operative and search legislation has been demonstrated. It has been substantiated that in the course of studying the activities of special forces of operative and search activity it is advisable to use a narrower term of “cooperation”, which reflects the specifics of the activity of such forces. The norms of not secret normative legal acts have been outlined, which enshrined the conceptual bases of work with confidants. The emphasis has been made on the need to regulate not only the rights of the confidants, but also their obligations. A comparative analysis of the society’s attitude to confidential cooperation in different countries has been conducted. The moral and ethical grounds for involving persons into confidential cooperation have been studied. The author has outlined the essential role of the ideological component in the work of the state apparatus, which influences the attitude of society to confidential cooperation. The interdependence of moral and legal aspects of confidential cooperation has been proved. It has been established that the involvement of persons, from a moral point of view, into confidential cooperation is determined by: the voluntary nature of such involvement; public duty; perception of appropriate cooperation as the assistance to the community for its proper functioning; compulsory use of confidants for the prevention and detection of latent crimes; counteracting aggressive protection of criminal interests; guaranteeing the public interests by saving the costs for law enforcement function, since the use of confidants is more financially effective than attracting additional law enforcement forces and means.

scholarly journals Operational and Intelligence Activities of the Law Enforcement Agencies in the System of Ensuring National Security

2021 ◽  
Vol 108 ◽  
pp. 03017
Author(s):  
Alexander Ivanovich Melikhov ◽  
Gennady Svyatoslavovich Pratsko ◽  
Victoria Aleksandrovna Chistova ◽  
Olga Dmitrievna Tyutyunik ◽  
Olga Aleksandrovna Nenakhova
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Legal Aspects ◽  
Information Support ◽  
Scientific Development ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Stage Of Development ◽  
Human Need ◽  
The Law

The transition to the postmodern stage of development of Russian society, by the subsequent change of the system of civilizational values, required the scientific development of a new attitude to security as a basic human need with regard to changing the nature of traditional threats and interests and the emergence of completely new ones. The process of globalization being developed in the information age weakens traditional state institutions and requires a new look at national security not only as a category of foreign policy and military matters but also as an internal problem solved through operational and intelligence activities. The purpose of the study was to identify the current problems in the theory of national security by means of an analysis of scientific studies of the phenomenon of security in Russia; to consider security as a function and feature of the social system; to consider the Operational and intelligence activities of the law enforcement agencies as a mean for ensuring national security; to identify the conditions and factors of operational and intelligence activities that negatively affect the effectiveness of ensuring national security. In the course of the research, using computer indexing, about 1300 scientific, educational and methodological sources on national security and internal affairs issues have been processed and analyzed in the semantic, philosophical and legal aspects. The study examines modern theoretical and practical problems of ensuring national security as part of operational and intelligence activities of the law enforcement agencies. Operational and intelligence activities is considered in the national security system as a means of its information support, as well as as a tool for combating criminal, military and other threats. For the first time, considered are the conditions and factors of the operational and intelligence activities that negatively affect the effectiveness of ensuring national security.

scholarly journals Legal Aspects of Immunodiagnostics and Immunoprophylaxis of Certain Diseases

2020 ◽  
pp. 650-677
Author(s):  
O. A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Public Awareness ◽  
Scientific Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Diagnostic Methods ◽  
Public Confidence ◽  
Public And Private ◽  
Health Maintenance ◽  
Legal Norms

Introduction: the article analyzes one of the aspects of Russian and international experience in immunological diagnostics and immunological prophylaxis of certain diseases, namely application of procedures that may restrict the rights of citizens while ensuring public safety. This topic is becoming more and more controversial due to collision of public and private interests, so its study appears to be highly relevant. Purpose: to evaluate the legality and validity of restricting the rights of citizens as part of application of immunodiagnostics and immunoprophylaxis procedures, to formulate proposals on improving legal regulation covering the procedures themselves and the harm compensation procedures in case of postvaccinal complications – all based on the analysis of scientific information sources, legal acts, materials of law enforcement statistics, opinion polls, foreign experience. Methods: dialectical, formal-logical, functional, sociological and other general scientific methods of research; specific legal methods: comparative-legal and formal-legal. Results: the approaches to understanding immunodiagnostics and immunoprophylaxis procedures and their significance have been analyzed, the problematic aspects of legal regulation and law enforcement in this sphere, and also violations of legislation have been identified; the experience of compensating for harm caused by vaccination has been studied. Conclusions: in order to effectively achieve the goals of public health maintenance and boosting public confidence in the procedures of immunodiagnostics and immunoprophylaxis, and to ensure the rights of citizens, a set of measures is needed as follows: constant cooperation with civil society institutions that should go in parallel to the application of medical and pharmacological advances accompanied by the improvement of legal norms; control over the safety of drugs; budget financing of alternative diagnostic methods and additional examinations aimed at reducing the risk of harm to health and at identifying all the contraindications; maximum public awareness of all procedures and medications when obtaining voluntary informed consent; imposition of restrictions on persons who refused to undergo the procedures in strict accordance with the law and in proportion to the real danger to the public interest; additional training of medical staff; improvement and simplification of procedures for compensation for harm in the event of postvaccinal complications with the priority of non-judicial procedures; increase of the compensation size.

scholarly journals RUSSIAN INVESTIGATION AS VIEWED BY A HISTORIAN

2019 ◽  
Vol 12 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
18Th Century ◽  
Legal Aspects ◽  
Russian Society ◽  
History Of ◽  
The Russian Federation ◽  
Russian Law ◽  
The Government ◽  
Low Efficiency

The article is dedicated to the famous Russian historian and legal expert Doctor of History Dmitriy O. Serov and a brief analysis of his studies concerning the establishment and development of the Russian law enforcement authorities in the first third of the 18th century: courts, prosecutor’s office, fiscal service, investigative authorities. Having started his scientific activities from studies of history of the spiritual life of the Russian society from the 17th to the 18th century, D.O. Serov then moved on to the legal aspects of history of the 18th to the 20th century, history of the personnel of the national government machine focusing on investigative authorities and was recognized in our country and abroad as one of the best experts of the Peter the Great’s epoch, specialist in history of the Russian law enforcement and judicial systems, leading scientist studying history of the Russian investigative authorities. D.O. Serov developed new areas of historical and legal research; identified, researched and introduced into scientific discourse many earlier unknown or briefly mentioned archive files including the Instruction to Major’s Investigative Chancelleries of December 9, 1717. The educational course History of the Russian Investigative Authorities was launched based on his research; a new professional holiday, the Day of an Investigation Officer of the Russian Federation, was introduced by Resolution of the Government of the Russian Federation No. 741 of August 27, 2013 (July 25, the day of establishment of the first M.I. Volkonskiy investigative chancellery); some memorable dates of history of the national pre-trial investigation were introduced (including December 9, the Day of Establishment of Major’s Investigative Chancelleries). D.O. Serov justified that the Russian investigative authorities originated in the form of investigative chancelleries. The basis for acknowledgment of such chancelleries as investigative authorities is their characteristics as an independent permanent government authority, designated to investigate criminal cases on the pre-trial stage, being the only function of this authority. D.O. Serov’s research showed that the reason for a short life of such authorities was not their low efficiency. Quite the opposite, major’s investigative chancelleries were in advance of their time and turned out to be misfitting even for the reformed state mechanism of Russia.

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