scholarly journals Legal and Organizational Aspects of Improving the Work of the Prosecution Authorities

2019 ◽  
Vol 6 (1) ◽  
pp. 167-171
Author(s):  
Liliya Rifovna Komarova ◽  
Mikhail Vladimirovich Kolesov

The article substantiates the necessity of changing the procedural powers of the prosecutor in the part of supervising the preliminary investigation at the stage following the initiation of the criminal case and until the final decision is made by the investigator or investigator. Proposed changes in the procedural powers of the prosecutor are also considered through the prism of the organization of the activities of the prosecution authorities, based on the experience of foreign countries, the opinion of well-deserved domestic jurists. The changes proposed by the authors will have a significant positive impact on the work of the preliminary investigation bodies, reduce the number of violations allowed in the preliminary investigation stages discussed in the article, and will help reduce the bureaucratic workf low and improve the effectiveness of law enforcement agencies in general. In addition, it is justified that bringing the status of the prosecutor and the bodies of preliminary investigation into a logical procedural position will eliminate unnecessary and, in fact, harmful corporate competition.

2021 ◽  
Vol 7 (3) ◽  
pp. 89-93
Author(s):  
Lilia R. Komarova ◽  
Mikhail V. Kolesov

The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.


2021 ◽  
pp. 24-27
Author(s):  
Э.О. Абдряхимова

В статье раскрываются особенности этапа возбуждения уголовного дела при обстоятельствах, позволяющих пред- положить убийство человека с последующим расчленением трупа, перед которым осуществляется проверка материалов о событиях, имеющих признаки преступления, находящихся в распоряжении правоохранительных органов. The article reveals the features of the stage of initiation ofcriminal proceedings under circumstances that suggest the murder of a person, followed by the dismemberment of the corpse, before which the materials about the events that have the signs of a crime, which are at the disposal of law enforcement agencies, are checked


2017 ◽  
Vol 21 (4) ◽  
pp. 147-153
Author(s):  
A. V. Grinenko

Determination of the investigator and the prosecutor procedural status is formulated in the article. Powers of the prosecutor in relation to the investigator are described. The author notes main objectives of the prosecutor activity. Changes of criminal procedure legislation which affect functions of the prosecutor and the investigator are studied. The problem of procedural independence of the investigator is considered. Main questions which the prosecutor has the right to address to the investigator are analyzed. It is offered that investigators should be a part of unified department but should closely interact with other law enforcement agencies. Rights of supervision of decisions legality, investigator actions (inaction) don’t limit procedural independence of the investigator. It is offered to give to the prosecutor an opportunity to give to the investigator written instructions on the direction of investigation and procedural actions production. At the same time the investigator has to have the right not to agree with these instructions and to report about it to the head of investigative body and also to the higher prosecutor. Introduction expediency of a new form of public prosecutor's reaction - introduction of cautions about inadmissibility of law violation to the investigator is proved. Such caution doesn't influence procedural independence of the investigator and just notifies him that when the prosecutor receives criminal case with indictment, contents will have certain claims. At the legislative level it is expediently to differentiate the prosecutor's powers on consideration and permission of complaints depending on the form (inquiry or preliminary investigation) in which preliminary investigation on criminal case is conducted.


Author(s):  
Sergey B. Rossinskiy

This article is devoted to the consideration of the representation as a simpler, in comparison with investigative actions, a purely «technical» method of collecting objects and documents to be attached to a criminal case as material evidence, other documents, expert opinions, the results of operational investigative and administrative activities of law enforcement agencies for the purpose of subsequent use to substantiate enforcement decisions. Methodologically, starting from his previous scientific publications devoted to the issues of criminal procedural proof in general and the collection of evidence in particular, the author investigates the phenomenon of the presentation of objects and documents, defines the circle of subjects initiating this procedure, considers the procedure for its implementation, notes the shortcomings of its legislative regulation. Particular attention is paid to the practical issues of the presentation of objects and documents in pretrial proceedings in a criminal case. The most acceptable methods and applied technologies of acceptance and transfer of potential evidence presented to the bodies of inquiry and preliminary investigation by suspects, accused, victims are analyzed and other interested participants, materials of operational-search activities, as well as items and documents submitted by «third» parties, that is, various government bodies, local local governments, their officials, enterprises, institutions and individuals.


2021 ◽  
pp. 76-78
Author(s):  
С.А. Лукашев

В статье рассматривается такой вид специальных средств, как служебные собаки, которые используются сотрудниками правоохранительных органов зарубежных стран при охране общественного порядка. This article addresses the type of special means such as service dogs, which are used by law enforcement officers of foreign countries in public order. There were analyzed cases of their use by various law enforcement agencies in consideration of this topic.


Author(s):  
Clinton Bailey

Dwelling in dispersion and far from any governmental law enforcement agencies that could provide them security, nomadic desert dwellers needed ways to protect themselves from violations such as murder, assault, insult, and theft. They achieved this security mainly by forming groups based on blood kin, or people of common descent, people whom they believed would honor claims of common loyalty and cooperation when problems with others arose. Each group they organized had a specific security function. The tribal structure of the Israelites as randomly noted in the Bible bears several similarities to that of the Bedouin. This chapter explores these similarities as well as their impact on the status and roles of the genders and on the institution of matrimony in both societies.


Author(s):  
Volodymyr Ivantsov

It is emphasized that the current legislation uses the terms "law enforcement agency", "law enforcement officer", which is directly correlated with law enforcement activities, which in turn indicates the unconditional relevance of the current study. This article analyzes the current legislation in order to separate law enforcement agencies from other government agencies, in order to assign certain positions of government agencies to law enforcement officers. As a result, the imperfections of the definitions of Ukrainian legislation for unambiguous identification of both law enforcement activities and the list of law enforcement agencies have been established. Theoretical and legal bases for establishing the affiliation of a state body to the list of law enforcement agencies in terms of practical implementation of current regulations are obtained by assessing the status of the Civil Service of Ukraine for Emergencies, namely: the assignment of a body to law enforcement should be carried out separately , taking into account the legal position (status) of such body defined in normative legal acts; if the endowment of a certain entity with the status of a law enforcement body has not occurred normatively, it is necessary to proceed from the analysis of the purpose (tasks) and basic functions assigned to a particular body and, accordingly, the powers vested in such a body It has been proved that SES bodies do not belong to law enforcement bodies, as they belong to the unified state system of civil protection (SES bodies are not assigned law enforcement tasks and / or functions; they are not endowed with law enforcement powers), and their officials cannot be recognized as law enforcement officers. body. It is emphasized that the legal approach proposed by the author to establish the affiliation of a state body to the list of "law enforcement agencies" may be fully applicable to other subjects of power, which in the future will provide an opportunity to outline the comprehensive range of law enforcement agencies in Ukraine.


2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.


Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.


2020 ◽  
Vol 22 (2) ◽  
pp. 208-218
Author(s):  
Seth Wyatt Fallik ◽  
Ross Deuchar ◽  
Vaughn J Crichlow ◽  
Hannah Hodges

Social media, in the past decade, has been used to hold police accountable for their actions. There has been, however, a paucity of empirical research into how law enforcement uses social media. To explore this issue, this paper uses qualitative data emerging from ethnographic research conducted in a Southern American state. Participant observations of police officer deployments were paired with semi-structured interviews with officers from three law enforcement agencies. The extent and ways in which these officers used social media is explored. Findings indicate that social media is used to bring positive attention to law enforcement agencies and aid criminal investigations. Although the positive impact of social media was highlighted in these experiences, persistent problems and challenges also featured in the data. Finally, officer insights were drawn upon to make recommendations for future policing policy and research.


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