scholarly journals The Police law within the system of administrative law.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-15
Author(s):  
Olha Ihorivna Bezpalova ◽  
Tatiana Anatoliivna Kobzieva ◽  
Volodymyr Valeriiovych Korniienko ◽  
Ivan Vasylovych Kritsak
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Due Process ◽  
Law Enforcement Officers ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
State Security ◽  
Police Control

Issues of police control and involvement are of great essence when aspects of administrative law are revealed. The issue here is that there is no way or instances where the legitimate protection of individual rights and freedom can be guaranteed without the presence of the police in ensuring that rights are protected through the respect of the rule of law. The only way this protection can be maintained is only through the operation or application of administrative law. When dealing with the concept of police law, emphasis is laid on the responsibilities this law enforcement agencies have when dealing with matters related to state security, protection of individual living in a given society, and to a certain extent, the entire public. There is no doubt that it is the role of the police to maintain peace and security within a given society, but the question we should be posing is whether their functions performed are done within the confines of respecting fundamental human rights, following the due process of the law being the fundamental and imperative basis or essence of administrative law. One thing is to ensure security, and the other one is to ensure that when enforcing this security, fundamental freedoms and rights of individuals will be respected by the supposed called law enforcement officers. It is therefore in this light that one can say, without any questioning, that under no circumstances should police law function without the intervention of administrative law, both most compliment each other, and activities of the police must be done in strict respect and compliance with that of administrative law. 

scholarly journals CONCEPT AND SYSTEM OF IMPACT MUNITIONS USED IN LAW ENFORCEMENT

2021 ◽  
Vol 3 ◽  
pp. 89-101
Author(s):  
I. Haraberiush
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Officers ◽  
Protective Equipment ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Special Means ◽  
Definition Of ◽  
Technical Features ◽  
Enforcement Activity

This article examines importance of impact munition based on new conceptual ideas related to humanization of forms and methods of law enforcement. It is emphasized that in implementation of public safety and the order of law enforcement agencies should meet requirements of the rule of law whereby human, his rights and freedoms are recognized as the highest values and determine the content and direction of the state and its legal institutions. It is emphasized that use of specific means contributes to implementation of this principle by creating opportunities to avoid injuries and casualties by law enforcement officers, ordinary citizens and among offenders directly. It is noted that specific means should be considered as protection means and separated from non-lethal weapons. Definition of specific protection means is given. The system of specialized protective equipment is considered because of a conceptual position: specialized protective equipment of law enforcement agencies is a basic concept and consists of subsystems that have their own structure. Place of specialized protective equipment in the system of specialized machinery of law enforcement agencies is determined. System of specialized protective equipment of and branches of these means are structured considering purpose of special means and tactical and technical features of their application in law enforcement activity.

THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR

2020 ◽  
Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
75Th Anniversary ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Soviet People ◽  
Great Patriotic War ◽  
Principle Of Legality

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

scholarly journals The role of situational, system-situational, model approaches to the psychological training of law enforcement officers for extreme situations of professional activity

2021 ◽  
pp. 1-11
Author(s):  
P Korchemniy ◽  
Viktoriya Vahnina ◽  
Valeriya Vasil'eva
Keyword(s):  
Law Enforcement ◽  
Empirical Research ◽  
Professional Training ◽  
Law Enforcement Officers ◽  
Professional Activity ◽  
Significant Activity ◽  
Law Enforcement Agencies ◽  
Situational Model ◽  
Psychological Training

The problem of psychological training of employees of law enforcement agencies remains relevant at the present time. The problem of professional training for extreme situations is of particular importance, as the choice of a methodological approach to the implementation of professional and psychological training of law enforcement officers. The most effective is the system-situational approach in combination with the model approach, which are based on the system approach. The authors consider the role of situational, system-situational, model approaches to the psychological training of law enforcement officers in extreme situations of professional activity. In the course of the theoretical analysis and empirical research, the conclusion is formulated about the significance and effectiveness of the system-situational approach, the use of which contributes to the formation of effective psychodiagnostic procedures. In the course of the study, the features of the psychological and managerial potential of employees of law enforcement agencies were identified. In modern conditions, a systematic approach is developing most intensively, which carries out a gradual study of the subject: from the general to the particular, taking into account the significance of the goal, its achievability. The article considers the system-situational approach as one of the most promising, especially in the aspect of empirical research of crisis and anti-crisis situations of operational and service activities. Within the framework of system-situational analysis, professionally significant activity is studied as a dynamic system.

scholarly journals ADMINISTRATIVE OFFENSE: ONTOLOGY OF GUILT AND PUNISHMENT

2020 ◽  
pp. 59-66
Author(s):  
Александр Анатольевич Беженцев
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Subsequent Development ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Russian Federation ◽  
Current Code

Автором исследуется гносеология форм вины в зависимости от степени общественной опасности, делается вывод о том, что признание административным законодательством виновности свойством всех административных правонарушений имеет исключительно важный смысл, так как способствует точному соблюдению принципов социальной справедливости, дальнейшему укреплению законности в стане и отвечает не только требованиям последующего развития административного права, но и нуждам правоприменительной практики административно-юрисдикционной деятельности. Одним из обязательных юридических признаков понятия административного правонарушения является и наказуемость деяния, так как в действующем КоАП РФ применяется как термин «наказание», так и «взыскание». Автор разграничивает данные понятия, делает вывод о том, что наказуемость является одним из необходимых признаков понятия административного проступка, поскольку без административного правонарушения не возможно наказание, точно так же как без причины нет следствия. The author examines the ontology of forms of guilt depending on the degree of public danger, concludes that the recognition by administrative legislation of guilt as a property of all administrative offenses has an extremely important meaning, as it contributes to the exact observance of the principles of social justice, further strengthening the rule of law in the camp and meets not only the requirements the subsequent development of administrative law, but also the needs of law enforcement practice of administrative jurisdictional activity awns. One of the mandatory legal features of the concept of an administrative offense is the punishability of the act, since the term «punishment» and «foreclosure» are used in the current Code of Administrative Offenses of the Russian Federation, the author delimits these concepts, concludes that punishability is one of the necessary features of the concept of administrative misconduct, since without an administrative offense punishment is not possible, just as without a reason there is no investigation.

scholarly journals Features of Coordination Activities of Prosecuting Authorities of Ukraine in the Field of Combating Crime and Corruption

2021 ◽  
Vol 7 (5) ◽  
pp. 4001-4010
Author(s):  
Anton Voitenko ◽  
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
And Control ◽  
Practical Recommendations

The article presents the substantiation of theoretical provisions and the development of practical recommendations for improving the coordination of prosecuting bodies of Ukraine in the field of combating crime and corruption based on studying the features of such coordination. It is proposed to understand the coordinative activity of prosecuting bodies as the direct activities of prosecutors to the organization of interaction between public authorities and the prospect of achieving the goal based on compliance with the rule of law. It is established that coordination of law enforcement agencies, including prosecuting authorities, in the context of combating crime and corruption should be based on the principles of the rule of law, legality, independence and equality of the subjects which carry out coordination activities, the obligation to implement measures to combat crime and control the implementation, systematic and complete use of various forms of coordination activities, publicity and openness in implementation of coordination measures, independence of bodies involved in decision-making, based on the results of coordination activities, the responsibility of heads of prosecuting bodies for the results of high-quality and timely coordination of measures to combat crime and corruption. It is proved that properly organized relations between the prosecuting bodies give grounds for increasing the effectiveness of the implemented measures in combating crime and corruption. It is suggested that the prospects for further research improve the administrative legislation governing the activities of the prosecuting authorities of Ukraine in combating corruption.

scholarly journals Bulgarian poetry in the seventies of the twentieth century reflected in three propaganda and one marginal anthology

2020 ◽  
Vol 46 (1) ◽  
pp. 11-26
Author(s):  
Maya Angelova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Nineteen Seventies ◽  
State Security ◽  
Making Sense ◽  
Short Period ◽  
Compilation Process ◽  
Fourth Volume ◽  
The Moment

This article investigates the scope of ideology that infected poetry in the nineteen seventies; the processes of marginalization of uncomfortable poetic voices, and respectively, the mechanisms imposing propaganda and anthologizing the poetically wrapped agitation; the stabilizations and tensions along the centre-periphery axis; the role of anthologies by authors not from the capital in the process of making sense of the country (province) as one free from the political poetic category. In a synchronous plan, some anthological specimens were issued over a short period of time, e.g. Poetic Anthology about the Silent Feat (1974), The High Wave (1974), Sprays (1975) and Poppies (1977). The first anthology is dedicated to the law enforcement agencies and to the state security. The second is an oriented and ambitious paragon of socialist realism poetry. The third anthology has been conceived of as a forum for the authors who were selected exclusively from among the members of the Union of Bulgarian writers. The fourth volume is a seemingly unpretentious collection that defines itself as an anthology. The compilation process, however, took pains far greater than expected – it was a three-year long odyssey from the moment the anthology of national/home poetry was included in the publishing plan for 1975 to the admission of an unnamed title in the publishing plan for 1977, as well as the resulting marginalization of the Poppies anthology after its publication. 

scholarly journals Towards a Single Government Approach via Further Consolidation of Law and Order in Estonia, with Domestic Violence as an Example

2018 ◽  
Vol 27 ◽  
pp. 104-116
Author(s):  
Raul Narits ◽  
Silvia Kaugia ◽  
Iris Pettai
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Social Problems ◽  
Legal Practice ◽  
Law And Order ◽  
Special Interests ◽  
Law Enforcement Agencies ◽  
Extensive Experience ◽  
The Rule Of Law ◽  
Positive Nature

An appropriate ‘solution pattern’ for social problems in a state based on the rule of law entails the existence of corresponding legislative regulations. The solution should be approved at the level of a law as a legislative act of supreme juridical power. A solution created at that level would fully correspond to the principle of rule of law and also minimise the possibility of socalled departmental special interests prevailing, in recognition that this danger accompanies efforts toward the solution of every multifaceted problem. The authors find that, since Estonia already possesses relatively extensive experience in legislative consolidation for various aspects of the society’s reality, with most of this experience being of a positive nature, it would be a most welcome development if the issue of DV were to be included in the current process of consolidation under the auspices of the project Towards the Development of Better Legislation. Legislative drafting is stimulated by the perception of acute social problems and of a need to regulate them by legislative means. Results from 2014 and 2017 surveys show that Estonia’s legal practitioners perceive DV as a problem the causes of which demand research and whose victims require help. Most legal practitioners surveyed encountered DV in their day-to-day work, with prosecutors and police detectives bearing the heaviest burden: it consumed nearly one third of their work hours. A serious problem was identified in prejudice and stereotypes, which yield an oversimplified and distorted image of the actual causes of DV, in which the victim frequently is considered responsible. Both the general population and legal practitioners widely share the erroneous impression that the victims could avoid violence through ‘appropriate conduct’. Such stereotypic attitudes wherein victims are considered partially to blame for violence can obstruct the work of law-enforcement agencies. While the idea of a special law on DV found support and scepticism in roughly equal measure, support for it increased significantly when respondents judged the concrete opportunities and solutions offered by such a law. These legal practitioners perceived numerous bottlenecks and unsolved problems in relation to the existing legislative regulation and legal practice, which one would expect to be overcome through a special law on DV. The authors conclude from the survey-based findings that Estonia’s legal practitioners demonstrate considerable anticipation for a law on DV. The participants in the surveys also perceived an increasing need for co-operation with law-enforcement agencies in this regard – i.e., for concentrating on collaboration within this domain. However, the authors consider it undoubtedly important also to increase the involvement of specialists in the DV field: victim support services, staff of women’s shelters, and municipal social workers. 

scholarly journals LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS

2018 ◽  
Vol 1 (1) ◽  
pp. 55-90
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Banking Sector ◽  
Public Awareness ◽  
Criminal Code ◽  
Internal Controls ◽  
The Rule Of Law ◽  
Preventive Effort ◽  
Procedure Code

The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.

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