scholarly journals Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes

2021 ◽  
Vol 7 (3) ◽  
pp. 89-93
Author(s):  
Lilia R. Komarova ◽  
Mikhail V. Kolesov
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
The Status ◽  
The Right ◽  
The Impact

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.

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
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Final Decision ◽  
Law Enforcement Agencies ◽  
Foreign Countries ◽  
The Status

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.

INTERACTION OF INVESTIGATORS AND PROSECUTORS IN NEW LEGAL REALITIES

2017 ◽  
Vol 21 (4) ◽  
pp. 147-153
Author(s):  
A. V. Grinenko
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
New Form ◽  
The Right

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.

scholarly journals The Protection of the Rights to Life and Health in Emergencies: An Examination of the Handling of Covid-19 Pandemic in Nigeria

2021 ◽  
Vol 8 (2) ◽  
pp. 259-279
Author(s):  
BONTUR LUGARD Sunday
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Law Enforcement ◽  
Video Camera ◽  
Law Enforcement Agencies ◽  
Continuous Training ◽  
Moral Duties ◽  
Entire Society ◽  
The Right ◽  
The Impact

The Coronavirus Disease (COVID-19) is inarguably the most disrupting occurrence in human affairs since the World War II. This virus left governments, communities and systems with the legal, social and moral duties to protect from its impacts. However, some of the approaches adopted towards protecting the victims, potential victims, and the entire society, especially in Nigeria, caused more harm than the disease itself. This work reviews the impact of the curtailment measures adopted by governments in Nigeria and their adverse bearing on human rights, especially the right to life as a sacrosanct and universal right. It further examines how law enforcement agencies’ operations - within the confines of the institutional and international best practices - their non-adherence to the rules of engagement or principles of ethical operations have resulted in the violation of human rights, rather than protecting them. It also analyses the impact of the virus on the right to health and access to medical facilities in times of emergencies in Nigeria and concludes that both rights were either violated or not realized within the context of the ‘war’ against the COVID-19 pandemic. This work advocates for the continuous training on human rights responsibilities of law enforcement agents, a more rigorous recruitment process with a minimum qualification from school certificate to ordinary national diploma, the use of video camera in the course of operations, among others that would help safeguard the rights of citizens in times of emergencies like the COVID-19.

ON THE ISSUE OF THE INITIATION BY THE BODIES OF THE PRELIMINARY INVESTIGATION OF A CRIMINAL CASE ON THE FACT OF MURDER WITH THE SUBSEQUENT DISMEMBERMENT OF THE CORPSE

2021 ◽  
pp. 24-27
Author(s):  
Э.О. Абдряхимова
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Law Enforcement Agencies

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

scholarly journals Judicial protection of the rights of the victim (bank-creditor) after the conclusion of the agreement of assignment of the right (requirements) in the conditions of the intentional bankruptcy of the debtor.

2017 ◽  
Vol 1 (3) ◽  
pp. 150-159
Author(s):  
Yuri Truntsevsky
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Creditor Bank ◽  
Scope Of Application ◽  
The Subject ◽  
The Right ◽  
Judicial Protection ◽  
Civil Contract

The subject of analysis in the paper is Russian insolvency legislation? As well as rules ofRussian Criminal Code about insolvency crimes.The purpose of the article is to analyze methods of the judicial protection of the rights ofthe victim (creditor-bank) after the conclusion of the contract of cession of rights (claims)in the context of deliberate bankruptcy of the debtor.The methodology of research includes: analysis, synthesis, induction, deduction, survey,and statistical method.The results, scope of application. Intentional bankruptcy (Art. 196 of the Russian CriminalCode) violates the legitimate property interests of creditors. In particular, the Bank has theright to appeal to law enforcement agencies with a statement about criminal acts committedagainst the Bank that caused damage to the Bank. The creditor has the right to applyfor recognition as an injured person. Such a creditor is harmed by a crime. In the event thatthe Bank deliberately bankruptcy of the debtor harmed, and there is a causal relationshipbetween such actions and the socially dangerous consequences that have occurred, then,as follows from Part 1 of Art. 44 of the Code of Criminal Procedure, this circumstance is aprerequisite for the recognition of the Bank as a civil plaintiff. Such a bank has the right todeclare in the criminal case a civil claim for damages to the bank. The purpose of this articleis to provide judicial protection of the rights of the victim (creditor bank) after concludingthe contract of assignment of the right (claims) in the circumstances of the debtor's deliberatebankruptcy. The research methods are: analysis, synthesis, induction, deduction,questioning and statistical method. The conclusion is drawn that the assignment of claimsunder a civil law contract is not grounds for refusing to recognize the Bank as a victim anda civil plaintiff in a criminal case under Art. 196 of the Criminal Code.Conclusions. The assignment of claims under civil contract is not a ground for refusingrecognition the Bank as the victim and civil plaintiff in a criminal case under Arti. 196 of theCriminal Code.

scholarly journals Submission of items and documents as a way of gathering evidence in preliminary investigation of a criminal case

2021 ◽  
Vol 15 (2) ◽  
pp. 210
Author(s):  
Sergey B. Rossinskiy
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Preliminary Investigation ◽  
Third Parties ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Scientific Publications ◽  
Expert Opinions ◽  
Legislative Regulation ◽  
Material Evidence

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.

Strategic Role of Zakat in Multidimensional Quality of Life in Sijunjung, Indonesia

2018 ◽  
Vol 15 (1) ◽  
pp. 55-72
Author(s):  
Herlin Hamimi ◽  
Abdul Ghafar Ismail ◽  
Muhammad Hasbi Zaenal
Keyword(s):  
Quality Of Life ◽  
Positive Impact ◽  
Wealth Distribution ◽  
Absolute Poverty ◽  
Before And After ◽  
The Status ◽  
Being There ◽  
The Impact

Zakat is one of the five pillars of Islam which has a function of faith, social and economic functions. Muslims who can pay zakat are required to give at least 2.5 per cent of their wealth. The problem of poverty prevalent in disadvantaged regions because of the difficulty of access to information and communication led to a gap that is so high in wealth and resources. The instrument of zakat provides a paradigm in the achievement of equitable wealth distribution and healthy circulation. Zakat potentially offers a better life and improves the quality of human being. There is a human quality improvement not only in economic terms but also in spiritual terms such as improving religiousity. This study aims to examine the role of zakat to alleviate humanitarian issues in disadvantaged regions such as Sijunjung, one of zakat beneficiaries and impoverished areas in Indonesia. The researcher attempted a Cibest method to capture the impact of zakat beneficiaries before and after becoming a member of Zakat Community Development (ZCD) Program in material and spiritual value. The overall analysis shows that zakat has a positive impact on disadvantaged regions development and enhance the quality of life of the community. There is an improvement in the average of mustahik household incomes after becoming a member of ZCD Program. Cibest model demonstrates that material, spiritual, and absolute poverty index decreased by 10, 5, and 6 per cent. Meanwhile, the welfare index is increased by 21 per cent. These findings have significant implications for developing the quality of life in disadvantaged regions in Sijunjung. Therefore, zakat is one of the instruments to change the status of disadvantaged areas to be equivalent to other areas.

FAKTOR PENANGULANGAN TERJADINYA WASTE PADA PROYEK KONSTRUKSI DI SURABAYA

EXTRAPOLASI ◽  
2020 ◽  
Vol 17 (2) ◽  
pp. 1-10
Author(s):  
Michella Beatrix ◽  
Nurul Rochmah ◽  
Gede Sarya ◽  
Pebru Dwijayanto
Keyword(s):  
Waste Management ◽  
Construction Projects ◽  
Positive Impact ◽  
Scale Construction ◽  
Small Scale ◽  
Construction Costs ◽  
Warehouse Storage ◽  
The Right ◽  
The Impact ◽  
Material Requirements

AbstractLarge and small scale construction projects have waste that cannot be predicted in advance, even the amount cannot be predicted directly, whether it is in large or small amounts. The existence of waste can have a significant impact that can affect construction costs. Waste can have both negative and positive impacts. Good waste management will have a positive impact on the company in terms of cost, even time, and quality, but if the waste that occurs cannot be handled or managed properly it will harm the company in terms of cost, time, and even in terms of quality. In this case, the party that always gets the impact of the waste is the contractor.This study focuses on mitigating the occurrence of waste that is how to minimize it. Thisstudy uses the distribution of questionnaires to the contractor in Surabaya. The results of this study are 5 item indicators on how to minimize the highest ranking. The 5 items are Updating material requirements, Mixing, transporting, and placing concrete at the right time, Increasing the competence and expertise of labor, Provision of good and adequate material/warehouse storage facilities, and accurate material measurement.  Abstrak Proyek konstruksi dalam skala besar maupun kecil, memiliki waste yang tidak dapat diprediksi sebelumnya, bahkan jumlahnya pun tidak dapat diprediksi secara langsung, apakah itu dalam jumlah besar ataupun jumlah yang kecil. Adanya waste dapat memberikan dampak yang signifikan yang dapat mempengaruhi biaya konstruksi. Pada dasarnya waste dapat memberikan dampak negatif maupun positif. Pengelolaan waste yang baik akan memberikan dampak positif bagi perusahaan dalam segi biaya, bahkan waktu dan mutu, namun apabila waste yang terjadi tidak dapat diatasi atau dikelola dengan baik maka akan memberikan dampak negatif bagi perusahaan dalam segi biaya, waktu bahkan dalam hal mutu. Dalam hal ini pihak yang selalu mendapatkan dampak dari adanya waste adalah pihak kontraktorPenelitian ini memfokuskan pada faktor penanggulangan terjadinya waste yaitu cara meminimalisirnya. Penelitian ini menggunakan penyebaran kuisioner kepada pihak kontraktor di Surabaya. Hasil dari penelitian ini adalah 5 item indicator cara meminimalisir yang memiliki ranking tertinggi. 5 item tersebut adalah Updating kebutuhan material, Mencampur, mengangkut dan menempatkan beton pada waktu yang tepat, Meningkatkan kompetensi dan keahlian tenaga kerja, Penyediaan fasilitas penyimpanan material/gudang yang baik dan memadai, dan Pengukuran bahan yang akurat.

Desert Society

2018 ◽  
pp. 69-106
Author(s):  
Clinton Bailey
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Common Descent ◽  
The Bible ◽  
The Status

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.

scholarly journals Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19

2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Qualitative Methodology ◽  
Human Life ◽  
Criminal Liability ◽  
Assistance Program ◽  
Community Activities ◽  
The Government ◽  
The Right ◽  
The Impact

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.

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