scholarly journals NON-STATE SUBJECTS IN POLICE ACTIVITIES

2018 ◽  
Vol 2 (83) ◽  
pp. 16
Author(s):  
Aleksandrs Matvejevs

In this article, the author considers the non-state subjects of the police activity. In the article sums the position theoretical inclusion of civil structures in the law-enforcement system taking into account modern tendencies of development of relations in the Republic of Latvia, namely: the state policy of development and support of the institutions of civil society. Police activities are carried out by various actors: the police, public organizations, private enterprises, individual citizens. Together, they form a system of subjects of police activity, defining the place in which the police bodies occupy themselves as special executive bodies.

2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.


2020 ◽  
Vol 76 (1) ◽  
pp. 32-38
Author(s):  
A. V. Tanko

The article is focused on studying the phenomenon of the administrative and legal status of the National Police as a subject of Ukrainian state policy implementation in human rights and freedoms. The author outlines the essence and content of the administrative and legal status of the National Police of Ukraine through the leading categories of "law" and "freedom", which are important for the democratic processes developing in Ukrainian society. The administrative and legal status of the National Police of Ukraine is considered as a set of characteristics and powers entrusted in the state legislation, a set of the following components: target – determined by the mission of the police to promote the state policy implementation in the fight against crime and peacekeeping, enforcement of rights, public and state interests; organizational – characterizes the structure of the National Police, consisting of a central police control facility, which consists of organizationally integrated structural units that ensure the implementation of the police tasks in human rights protection; competent – related to the definition of tasks, functions, rights, and duties, as well as the degree of responsibility of the law enforcement and its units and employees, determining the focus of their activities on the protection of the individual and the guarantee of the legitimacy of counteracting the state on the part of the person to protect their rights and freedoms. In practice, the implementation of the new administrative and legal status enables law enforcement to approve the law, enhance the communication and legal culture of police officers, overcome the traditional politicization and militarization of law enforcement by updating the organizing strategies of human rights activities, strengthen the state and professional discipline, make the police activities transparent, improve the control system and responsibility of police structures and professionals for malpractice.


2021 ◽  
Vol 02 (05) ◽  
pp. 9-13
Author(s):  
Intizor Turdimatovna Mamazhonova ◽  

Among the law enforcement agencies of our country, the state notary is of great importance. Notarial actions effectively ensure the protection and protection of indisputable rights and interests in the event that these actions are performed in accordance with the rules established in advance by law. Documents drawn up abroad with the participation of officials of the competent authorities of other states or outgoing from them are accepted by a notary, subject to their legalization by the body of the Ministry of Foreign Affairs of the Republic of Uzbekistan. Without legalization, such documents are accepted by the notary in cases where it is provided for by the legislation and international treaties of the Republic of Uzbekistan.


Author(s):  
Kirill Lavrinovich

The relevance of the research topic are conditioned by the theoretical and practical significance of issues affecting the theoretical, methodological, sociopolitical and practical aspects of the problem of the interaction between the police and civil society institutions in the state governed by the rule of law. These questions are connected with the need to comprehend modern practice to develop new conceptual provisions and dogmatic decisions that are appropriate to the modern conditions. During historiographical analysis it was revealed that the experience of interaction between the police and civil society institutions in the modern states governed by the rule of law in the implementation of the law enforcement function of the state has not been adequately studied and evaluated. The object, subject and purpose of the study were determined in accordance with the current state of legal science. The object of the study was public relations that arise in the field of ensuring the protection of public order, freedom and security of society, state and individual. Police that carries out law enforcement activities on a professional basis and citizens who are actively involved in the implementation of the law enforcement function in the modern state are the subjects of these public relations. Ideas about the main directions and forms of cooperation between police and citizens in the implementation of the law enforcement function of modern states have formed the subject of research. The aim of the study was theoretical and legal analysis of the concept of community policing, which today is the basis for the interaction between the police and civil society institutions in the implementation of the law enforcement function in many modern states. The research methodology was a combination of general scientific (historical, systemic and functional) and special (formal-legal, historical-legal, sociological, comparative state science) methods. The result of the study was the conclusion that the concept of community policing is based on the activities of authorized police agencies to implement the law enforcement function in a modern state governed by the rule of law. These activities are aimed at implementing a model of social partnership and focused on solving specific problems that arise in society.


2021 ◽  
pp. 41-48
Author(s):  
Khrystyna Solntseva

Problem setting. The priority of law enforcement agencies of any developed country is to ensure law and order, protect individuals, society and the state from crime, and combat crime. These functions stand out among others in the regulatory framework and are the starting point for the activities of the country's law enforcement system. However, it is fair to say that the extent to which primary and secondary police powers are exercised varies considerably across countries. The level of its efficiency depends on it to a greater extent. Having embarked on the path of European integration, Ukraine has adopted a lot of new things into the legal basis of the National Police of Ukraine, however, there is a need for further implementation of legal norms in national legislation. Target of research. The purpose of the study is to analyze the police powers in the United States, Ukraine and the Baltic countries, the search for new models of policing for further implementation in Ukrainian legislation. Analysis of recent researches and publications. Significant contribution to the study of the organization and legal support of policing in the world, its importance in ensuring public safety, areas of strategic development of the police have made such scientists as Bugaychuk K. L., Chumak V. V, Mashutina E. V., Filstein M. V. etc. Article’s main body. Police activities in Ukraine, first of all, is regulated by the Law of Ukraine «On the National Police» (02.07. 2015). It defines the principles of police activity, the police system, the measures applied by police officers, police powers, etc. Police powers are disclosed in the regulations quite fully and clearly, there is a division into basic, due to the appointment of a police body, and additional, which can be determined only by law. Nevertheless, the problem lies in the uncertainty of these powers given the police system. Given problems related to the normative component of policing, it is appropriate and relevant to refer to the foreign practice of the police, in particular to identify some features of their competence. We suggest that police competence is understood as a set of rights and responsibilities of a police officer, as well as the services provided by him. Analysing the experience of the Latvian police, it is necessary to note the differentiation of the police body depending on the field of activity and direct subordination. The Latvian police system has the following police units: the State Police, the Security Police, the Self-Government Police and the Port Police. Police activity in Lithuania has certain features of the stages of reforming the Lithuanian police such as depoliticization, professional development of the law enforcement system, active fight against corruption, provision of law enforcement services to the population, cooperation with the European community, deepening integration processes of internal security. Conclusions and prospects for the development. It is appropriate to establish a legal definition of each structural unit of the police and their main powers, as well as to propose the division of police powers depending on their rights, responsibilities and services. Specific changes should concern both the Law of Ukraine «On the National Police» and bylaws, in particular the Resolution of the Cabinet of Ministers of 04.06.2007 «On approval of the list of paid services provided by units … of the National Police», the Resolution of the Cabinet of Ministers of 28.10.2015. «On approval of the Regulations on the National Police».


2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.


Author(s):  
Baurzhan Abzhanov

One of the main objectives of the research is to identify the contradictions and problems in improving the system of countering terrorism in the Republic of Kazakhstan. In order to solve these problems, a model for identifying threats and a conceptual model of the activities of the state and military administration bodies of the Republic of Kazakhstan on countering the threats of terrorism were developed in the research. In the developed conceptual model on the activities of the state and military administration bodies of the Republic of Kazakhstan on countering terrorism, responsibility for the state and ensuring many aspects of military security and countering terrorism should be not only on the state represented by law enforcement agencies, but also the civil society itself, not only law enforcement officials, but also the most active, authoritative citizens and their associations.


Author(s):  
Mirco Göpfert

This chapter explores how gendarmes in the Republic of Niger, notwithstanding their aspiration for popular legitimacy, try to justify their actions, not to others, but to themselves. Civilians bring the stories of their problems to the gendarmes’ attention in the form of complaints. Whether a complaint turns into a case, and thus whether the gendarmes become active, depends on their appreciation of the complainant’s story and whether their ‘vocational ear’ is attuned to this story; and their vocational ear functions much more in terms of the material and moral gravity of the alleged offence, not in terms of the law.


Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.


Author(s):  
Komang Ekayana

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 


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