scholarly journals The Method of Action (Modus Operandi) in Property Theft: Topical Issues of Judicial Interpretation and Doctrinal Legal Thinking

Lex Russica ◽  
2021 ◽  
pp. 69-79
Author(s):  
V. V. Khilyuta
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Mode Of Action ◽  
Modern Science ◽  
Judicial Interpretation ◽  
Modus Operandi ◽  
Property Crimes ◽  
Material Goods ◽  
Legal Thinking ◽  
Methodological Problems

The paper examines the methodological problems of understanding the method of committing theft in the doctrine, law enforcement practie and modern science of criminal law. The author analyzes such objective signs of theft as seizure, confiscation, circulation, and their relationship with other signs of theft. The author proves that the modern description of objective signs of the theft does not correspond to the realities of the theft as a tort infringing on property and obligations. The situations of qualification of actions related to the replacement of the owner (owner of the property) and causing damage to the owner or another owner are considered in detail, regardless of the fact of direct seizure or circulation of the stolen property (taking possession of it). It is stated that in order to avoid contradictions and fictions, law enforcement practice is forced to interpret “seizure of someone else’s property” too broadly and equate this feature with the fact of legal replacement of the owner (owner) of the property. The paper demonstrates the inconsistency of this situation and the fictitiousness of the rules for qualifying property crimes. The author concludes that it is necessary to correct the legislative description of the method of action in case of theft competing it with elements that would most fully cover all kinds of situations and would be universal. This takes place because today it is impossible to choose and fix a method of theft that would characterize a single criminal encroachment on bodily and non-corporeal material goods and would reflect theft as an act causing damage to the owner. Due to the fact that the mechanism of criminal encroachments on property and obligations is not the same type and has its own specifics, the reflection of the mode of action in property crimes should be differentiated.

scholarly journals Decision of Linked with Narcotics Convicted in Act No. 35 Of 2009 in The District of Sumber Court

2018 ◽  
Vol 1 (3) ◽  
pp. 597
Author(s):  
Heni Agustiningsih ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Modus Operandi

Concomitant with the increasing number of criminal cases concerning criminal law talks even more into the spotlight. One criminal case whose numbers have increased is the narcotic crime. The doers are not limited to age, gender or social strata. Increasing this narcotic crime was accompanied by the use of increasingly sophisticated modus operandi so, make the legislators felt the need to establish a new law governing narcotics. Judge in deciding should consider the value of certainty, justice and the role of the judge is kemafaatan for law enforcement and justice. Article 1 (1) of Act No. 48 Of 2009 regarding Judicial Power.Keywords: Effectiveness; Criminal Law;� Narcotics.

scholarly journals Limits of Autonomy in Criminal Law

Lex Russica ◽  
2019 ◽  
pp. 117-128
Author(s):  
V. V. Khilyuta
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Social Relations ◽  
Criminal Law ◽  
Regulatory Function ◽  
Judicial Interpretation ◽  
Economic Relations ◽  
The Law ◽  
The Right ◽  
Law Regulation

The article raises a question about the autonomy of criminal law. Various aspects of the doctrinal understanding of the limits of criminal law and its scope in relation to the positive branches of legislation are considered. The author in the context of the existence of the concept of autonomy (independence) of criminal law regulation questions the limits of judicial interpretation. In this context, antagonistic views on the limits of the mechanism of criminal law regulation are considered. Particular attention is given to the fundamental premise that the functional autonomy of criminal law generates not only a protective component, but also a regulatory function, and the law enforcement officer has the right to decide a particular case, based on concepts borrowed from other branches of law, but it can give them a different meaning and significance than the one they are endowed with in these positive (regulating specific social relations) sectors. The author comes to the conclusion that an autonomous interpretation of foreign industry features and concepts of regulatory legislation is scarcely credible. If a criminal law is to protect economic relations arising from the static and dynamic nature of objects of civil rights and their turnover from criminal encroachments, its subordination to the provisions of regulatory legislation is inevitable. The determinism here should be manifested precisely in accordance with the description of the signs of the crime to the provisions of regulatory norms. As a result, the autonomy of criminal law may create uncertainty about the content of the rule of law itself and allow for unlimited discretion in its enforcement. In this formulation of the issue, the autonomy of criminal law regulation is replaced by a very different approach — the autonomy of the judicial interpretation of criminal law. However, in this case there is a substitution of concepts, and the autonomy of criminal law is associated not so much with the regulatory function as with the law enforcement of criminal law.

scholarly journals METHODOLOGICAL FUNDAMENTALS OF DOMESTIC CRIMINAL SCIENCE: FORMATION OF COMPARATIVE METHOD DURING THE MIDDLE OF XIX – EARLY XX CENTURY

2021 ◽  
Vol 74 (1) ◽  
pp. 104-113
Author(s):  
Serhiy Denysov ◽  
◽  
Maksym Puzyrevskyi ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Comparative Cognition ◽  
Modern Science ◽  
Legal Doctrine ◽  
The Future ◽  
Domestic Law ◽  
Qualitative Changes

The paper raises the question of a current role of methodology domestic criminal law and criminal law research. Methodological problems of criminal law are analyses, in particular the process of formation of the comparative (comparative) method in the works of criminologists of the middle of the XIX – beginning of the XX century. It is emphasizes that the comparative method of cognition contributes to the development of national domestic law, in particular, criminal law, as the above method is potentially the powerful driving force for its transformation. It is the most effective way to establish the patterns of development of law, by comparing legal phenomena at different times in different countries. It is possible to predict qualitative changes in foreign and domestic law in the future by having established a certain pattern of such development, it is possible to predict qualitative changes in foreign and domestic law in the future. Comparative analysis in the field of criminal law has many useful manifestations. For example, for a domestic legislator, it can be a source of important information about the legislative regulation of similar criminal relations in other countries. Such an analysis can be useful to the judiciary by clearly demonstrating the advantages or disadvantages of alternative ways of interpreting criminal law in foreign jurisdictions. Ukrainian legal doctrine, in turn, would only benefit from new theoretical knowledge and scientific approaches to solving modern problems of criminal liability. Not to mention the representatives of higher legal education, who with the help of a comparative (comparative) method will be able to teach future Ukrainian law enforcement and law enforcement officers to think critically and comprehensively, significantly expanding their professional horizons. The paper focuses on the fact that a methodology of the modern science of criminal law is a complex and multi-faceted institution that covers: a) analysis of a criminal law language; b) the structure and operative system of research methods applied in the criminal law; c) a conceptual frame of criminal law; d) laws of appearance, functioning and changes of scientific legal theories and doctrines in criminal law; e) problems of a structure of scientific knowledge in criminal law and scientific theories (constructions). The authors emphasizes that it is in the process of comparative (comparative) cognition that researchers have an ideas and suggestions for improving the functioning of domestic and foreign criminal legislation.

scholarly journals Aspek Religius dalam Pembaharuan Hukum Pidana melalui Politik Hukum Nasional

2021 ◽  
Vol 23 (1) ◽  
pp. 27
Author(s):  
Brian Septiadi Daud ◽  
Awaluddin Awaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Research Method ◽  
Holistic Approach ◽  
Law Reform ◽  
Law System ◽  
Legal Thinking ◽  
Religious Aspects

The purpose of writing is to see about the Indonesian National Law System which is based on Pancasila, especially precepts I, and also to see the accommodation of religious aspects in carrying out Criminal Law Reform through National Law Politics. The research method used in this paper is normative juridical research. The results of research in creating a Pancasila-based legal system can be carried out by applying the juridical-religious principle (for the sake of justice based on divinity) not just a formality of decisions but a substantive / material justice. Then also the paradigm of legal thinking from positivistic to positistic-empirical, which is necessary to make genuine science and law enforcement more useful, including the use of a holistic approach by taking into account the conditions of society. And in carrying out a good reform of the National Criminal Law, it is better to look at religious-based aspects / values ​​and create policies that are in accordance with society in general.

scholarly journals Component Elements of a Crime as an Ontological Reality of Unknown Existence

Lex Russica ◽  
2020 ◽  
pp. 131-144
Author(s):  
V. V. Khilyuta
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Real Life ◽  
Modern Science ◽  
Point Of View ◽  
Methodological Problems ◽  
Ontological Reality ◽  
Legal Concepts ◽  
Regulatory Model

The paper deals with methodological problems of understanding the component elements of a crime in the doctrine and modern science of criminal law. The author analyzes the philosophical approaches to determining the essence of this phenomenon, the influence of the classical school of criminal law on the formation of such concepts as "crime" and "component elements of a crime", reveals the prerequisites and reasons for the multilevel understanding of the component elements of a crime in pre-revolutionary and Soviet criminal law. The ratio between the crime and the component elements of a crime is revealed (based on the features of these legal concepts) and questions are raised about the non-identical understanding of the same phenomena in criminal law. The author states that the component elements of a crime cannot be identified with the concept of "crime" and is the basis for criminal liability. The component elements are always a legislative (regulatory) model, not a reality. The reality is only a committed crime, which entails the emergence of the relevant legal relations. In conflict social relations characterized by the commission of an illegal criminal act, the crime itself exists, but not the component elements of this crime. The author suggests that the component elements should be distinguished within the scope of the crime’s illegality, rather than the crime as a whole. From this point of view, it is proved that the disposition of the criminal law norm determines the model of a specific illegal act and its features (objective and subjective), since in real life the composition is associated with those features that are described in the disposition of the legal norm. The disposition does not replace the component elements, on the contrary, the component elements of illegality are revealed in the disposition of the criminal law norm. Research methods used in the course of the study are as follows: formal dogmatic, historical legal, comparative legal.

APPLICATION FEATURES OF TECHNICAL AND FORENSIC TOOLS BY AN INVESTIGATOR (THE INTERROGATOR) DURING INTERROGATION IN THE PRETRIAL DETENTION CENTER

2020 ◽  
pp. 48-53
Author(s):  
Роман Михайлович Морозов ◽  
Дмитрий Юрьевич Волков
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Literature ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Evidence Based ◽  
Detention Center ◽  
Pretrial Detention ◽  
Forensic Tools

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.

scholarly journals Criminal Community Detection Based on Isomorphic Subgraph Analytics

2020 ◽  
Vol 10 (1) ◽  
pp. 164-174
Author(s):  
Theyvaa Sangkaran ◽  
Azween Abdullah ◽  
NZ Jhanjhi
Keyword(s):  
Law Enforcement ◽  
Community Detection ◽  
Traditional Method ◽  
Detection Methods ◽  
Law Enforcement Agencies ◽  
Modus Operandi ◽  
Research Gap ◽  
New Perspective ◽  
Key Participants ◽  
Investigative Process

AbstractAll highly centralised enterprises run by criminals do share similar traits, which, if recognised, can help in the criminal investigative process. While conducting a complex confederacy investigation, law enforcement agents should not only identify the key participants but also be able to grasp the nature of the inter-connections between the criminals to understand and determine the modus operandi of an illicit operation. We studied community detection in criminal networks using the graph theory and formally introduced an algorithm that opens a new perspective of community detection compared to the traditional methods used to model the relations between objects. Community structure, generally described as densely connected nodes and similar patterns of links is an important property of complex networks. Our method differs from the traditional method by allowing law enforcement agencies to be able to compare the detected communities and thereby be able to assume a different viewpoint of the criminal network, as presented in the paper we have compared our algorithm to the well-known Girvan-Newman. We consider this method as an alternative or an addition to the traditional community detection methods mentioned earlier, as the proposed algorithm allows, and will assists in, the detection of different patterns and structures of the same community for enforcement agencies and researches. This methodology on community detection has not been extensively researched. Hence, we have identified it as a research gap in this domain and decided to develop a new method of criminal community detection.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

Intersectoral Assessment of Criminal Law Harm in the Implementation of Law Enforcement Intelligence Operations

2021 ◽  
Author(s):  
Alexey Alekseyevich Chistyakov ◽  
Liudmila Aleksandrovna Bukalerova ◽  
Alexandra Sergeevna Vasilenko ◽  
Oksana Vladimirovna Kurlaeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Intelligence Operations
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