scholarly journals ENFORCEMENT FEE AND BASIC REMUNERATION VS ENFORCEMENT SANCTION: FORMATION OF APPROACHES TO UNDERSTANDING THEIR ESSENCE DURING THE PERIOD OF INDEPENDENCE OF UKRAINE

2021 ◽  
pp. 63-68
Author(s):  
L. Maliarchuk
Keyword(s):  
Law Enforcement ◽  
Court Order ◽  
Law Enforcement Agencies ◽  
Short Period ◽  
Legal Nature ◽  
Common Term

This article studies the essence of the basic remuneration in comparison with the enforcement fee, the specifics of their collection during the formation of enforcement proceeding laws during the independence of Ukraine and their evolution into "enforcement sanction" − a common term for these two concepts introduced by the new draft law "On Enforcement of Decisions". It has been determined in the article that the basic remuneration of the private executers is collected in the manner prescribed for the collection of the enforcement fee. Therefore, the enforcement fee and the basic remuneration of the private executers are defined mostly as identical concepts. However, it is sometimes unacceptable to apply the enforcement fee rules to the basic remuneration, in particular, in the event of exemption from payment of the enforcement fee, when lien is put on property to secure claims, or when the enforcement fee is refunded due to revocation of the court order, which is confirmed at the level of judicial practice.It is summarized that the enforcement fee and the basic remuneration are, first of all, fees for decisions enforcement, and, at the same time, they serve as punishment for the debtor's failure to execute the decision voluntarily (before the enforcement document is delivered) and encourage the defender to execute the decision voluntarily without the involvement of law enforcement agencies. The article positively points out the dualistic legal nature of these funds and the preservation of this nature in the new draft law in the context of the enforcement sanction and specifies which regulation features of this nature should be improved. For instance, in the article it is considered to be appropriate to reduce the enforcement sanction, if the debtor executes the court order himself within a short period from the beginning of the order enforcement or if the enforcement document is returned or the order enforcement is terminated without actual execution. Кeywords: means of enforcement proceedings, the amount of recovery, actual execution, return of the enforcement document, termination of enforcement proceedings.

scholarly journals PRACTICAL AND LEGAL FEATURES OF USE LAW ENFORCEMENT OFFICERS PHYSICAL FORCE

2021 ◽  
Vol 23 (80) ◽  
pp. 23-28
Author(s):  
V.A. Kaznazcheev ◽  
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Power Structures ◽  
Physical Force ◽  
Law Enforcement Agencies ◽  
Legal Nature ◽  
Wide Scale ◽  
Principle Of Legality

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.

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. 

Environmental activity of law enforcement agenciesenvironmental activity of law enforcement agencies

2021 ◽  
Author(s):  
A.S. Blankov ◽  
O. B. Vinogradova ◽  
Orlova Y. R. Orlova Y. R.
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Natural Object ◽  
Law Enforcement Agencies ◽  
General Law ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Law ◽  
Environmental Activity

The article defines the legal nature of the environmental protection activities of law enforcement agencies. The bodies carrying out activities for the protection of the environment within the framework of the implementation of the law enforcement function are systematized according to their own functionality into four groups: the general law enforcement bodies (internal affairs of the Russian Federation); the law enforcement agencies that resolve issues related to encroachment on public relations in relation to a specific natural object (specialized agencies); the bodies implementing control and supervisory activities in this area (prosecutorial bodies of Russia); and, finally, the judicial authorities.

Criminal law impact in the mechanism of ensuring national security

2020 ◽  
Author(s):  
Vladimir Duyunov ◽  
Ruslan Zakomoldin
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Social ◽  
Legal Nature ◽  
General Object

The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.

scholarly journals Theoretical aspects of the European Court of human rights interpretation of the right to life in the context of law enforcement

2019 ◽  
Vol 7 (3) ◽  
pp. 36-40
Author(s):  
Valeriy Konnov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Consequences ◽  
Right To Life ◽  
Law Enforcement Agencies ◽  
European Court ◽  
Legal Nature ◽  
Law Enforcement Officials ◽  
The Right

The article consider analyses some legal positions of the European Court of Human Rights which connected with the actions of law enforcement officials resulted with the death of suspects during detention. The author made the conclusion that a global understanding by the ECHR of the right to life doesn’t pay attention to the objective legal nature of criminal threats. The ECHR provides the idea that law enforcement agencies play the role of defender of society, but they don’t work as a power tool designed to protect specific actions that could entail social consequences.

scholarly journals The lone wolf terrorist: sprees of violence

2012 ◽  
Vol 18 (3) ◽  
Author(s):  
Peter J Phillips
Keyword(s):  
Law Enforcement ◽  
Theoretical Analysis ◽  
Analytical Framework ◽  
Single Individual ◽  
Law Enforcement Agencies ◽  
Public Places ◽  
Lone Wolf ◽  
Time Period ◽  
Short Period ◽  
Time Diversification

AbstractThe purpose of this paper is to apply economic analysis to the opportunities and choices of single individual ‘lone wolf’ terrorists whose attacks are characterised by ‘sprees’ of violence, usually shooting sprees in public places, that last only for a relatively short period of time. The spree lone wolf also emerges suddenly. Having previously allocated no resources to terrorism, he suddenly and all at once allocates all of his resources, including time, to terrorism. The first step to providing guidance to governments and their law enforcement agencies is to encompass some important elements of the spree lone wolf’s opportunities and choices within an economic analytical framework. The first steps towards this are undertaken in this paper by exploring the opportunities and choices of the spree lone wolf from a risk-reward perspective and a treatment of the spree lone wolf as an individual who, while attempting to maximise his expected utility, shuns the risk-reduction benefits of ‘time diversification’ and suddenly plunges all of his resources into terrorism within a single time period. The analysis shows that such behaviour can be explained within an economic model of choice and clears the way for further theoretical analysis and empirical analysis.

scholarly journals DOMESTIC LEGISLATIVE IMPROVEMENT ASSOCIATED TO THE SUBJECTS OF OPERATIONAL-SEARCH ACTIVITY ON A NON-PUBLIC PRINCIPLES

2019 ◽  
Vol 7 (1) ◽  
pp. 197-204
Author(s):  
Uspanov Zholdibay ◽  
Tyrarbayeva Dana
Keyword(s):  
Law Enforcement ◽  
International Relations ◽  
Civil Law ◽  
Information Services ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Current Definition ◽  
Science Professor ◽  
Legal Nature ◽  
Legislative Improvement

In the article prepared by the Vice-Rector for Science and International Relations, Candidate of Juridical Science, Professor Uspanovov Zh. discovers the issues of legal support on assistance of citizens to the bodies carrying out operational search activities. In its current definition and regulation of operational search legislation has a mixed legal nature; it cannot be considered as an employment contract, such relations are not civil law relations, they are of administrative and managerial nature. Considering that an important component of legal support, in addition to defining the mutual rights and obligations of the parties, is that its presence enables the person assisting law enforcement agencies to openly protect, including in court, their social, labor and other rights, legal support must be attributed to the contract for the provision of paid information services.

Institute for assurances and its implementation in the penal system in the framework of the Federal Law of 05.04.2013 No. 44-FZ “On contract system in procurement of goods, works, services for state and municipal needs”

2020 ◽  
pp. 162-170
Author(s):  
Екатерина Станиславовна Брылякова ◽  
Тамара Викторовна Шепель
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Penal System ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Legal Obligations ◽  
Legal Nature ◽  
The Russian Federation

Статья посвящена анализу нового института гражданского права «заверения об обстоятельствах», нашедшего легальное отражение в гражданском законодательстве РФ только после принятия Федерального закона РФ от 08.03.2015 № 42-ФЗ «О внесении изменений в часть первую Гражданского кодекса Российской Федерации». При этом с появлением данного института возникла полемика относительно его правовой природы и отнесения к институту преддоговорной ответственности как его разновидности или как одной из гарантий обязательственных правоотношений. Актуальность темы обусловлена еще и анализом возможности реализации института заверений об обстоятельствах в контексте Федерального закона от 05.04.2013 № 44 «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» в части защиты интересов заказчиков и одного из элементов антикоррупционной составляющей. Ряд правоприменителей категорически не допускают возможности реализации исследуемого института в контрактной системе. Кроме того, в правоприменительной сфере возникает дискуссионный вопрос относительно интерпретации заверений об обстоятельствах и их применении в обязательственных правоотношениях. В статье предпринята попытка определить правовую природу института заверений об обстоятельствах и ответственности за недостоверные заверения, а также обосновать возможность его реализации в контрактной системе в сфере закупок товаров, работ и услуг для обеспечения государственных и муниципальных нужд, в том числе для нужд уголовно-исполнительной системы. This article is devoted to the analysis of a new institution of civil law “assurances of circumstances”, which was legally reflected in the civil legislation of the Russian Federation only after the adoption of the Federal law of the Russian Federation from 08.03.2015 № 42-FZ “On amendments to part one of the Civil code of the Russian Federation”. At the same time, with the appearance of this institution, there has been a lot of controversy regarding its legal nature and the attribution to the institution of pre-contractual liability as its variety or as one of the guarantees of legal obligations. The relevance of the topic due to the analysis of the feasibility of the Institute for assurances in the context of the Federal law of 05.04.2013 № 44 “On contract system in procurement of goods, works, services for state and municipal needs” in terms of protecting the interests of customers and one of the elements of the anti-corruption component. A number of law enforcement agencies categorically do not allow the possibility of implementing the research Institute in the contract system. In addition, in the law enforcement sphere, there is a debatable issue regarding the interpretation of assurances about circumstances and their application in legal relations of obligations. The article attempts to understand the concept and legal nature of the institution of assurances about circumstances and to justify the possibility of its implementation in the contract system in the field of procurement of goods, works and services for state and municipal needs, including for the needs of the penal system.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

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