scholarly journals The Role of Judicial Councils as Authorities of the Judicial Community in Individual Regulation of Judicial Activities

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 36-40
Author(s):  
Ekaterina V. Ryabtseva ◽  
Keyword(s):  
Law Enforcement ◽  
Significant Role ◽  
Ethical Standards ◽  
The Subject ◽  
Uniform Law ◽  
Systemic Nature ◽  
Individual Regulation

The activity of councils of judges in Russia is of a systemic nature, including various forms of individual influence on legal relations: opinions, resolutions, consulting on the prevention of corruption, compliance with ethical standards, prevention of conflicts of legal interests, and other reputational risks. The paper considers one of the activities of the councils of judges in the form of preparation of conclusions, which play a significant role in the formation of a uniform law enforcement practice in the process of individual regulation of judicial activity. The conclusions are of an explanatory nature and are taken into account by the qualification collegiums of judges when making decisions regarding judges and candidates for the position of judges. The essence of the conclusions of the councils of judges is substantiated as a kind of individual regulation of legal relations. The analysis of individual conclusions of the councils of judges made it possible to classify various methods of individual regulation in the process of law enforcement. It is concluded that the councils of judges are the subject of law enforcement, which, through individual regulation, provide certainty in the assessment of reputational risks, their prevention and suppression in the behavior of a judge through the interpretation of the principles and norms of law; overcoming conflicts in law; the use of optional, alternative, relatively specific, dispositive, etc. principles and norms of law; overcoming gaps in law; individualization of law in the form of opinions, decisions, consultation.

scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

Philosophical meanings as the ordering principles of human life in culture

Servis plus ◽  
2015 ◽  
Vol 9 (4) ◽  
pp. 69-75
Author(s):  
Владислав Шелекета ◽  
Vladislav Sheleketa ◽  
Василий Ивахнов ◽  
Vasiliy Ivakhnov
Keyword(s):  
Human Life ◽  
Stable Solution ◽  
Modern Society ◽  
Self Organization ◽  
Semantic Field ◽  
Special Significance ◽  
The Subject ◽  
Systemic Nature ◽  
Universal Nature

The article discusses issues related to the problem of justifying the value of philosophical creativity in modern culture. It proves the author’s position of special significance of philosophy for the development of personal culture, and worldview of the person and modern society. The article shows that philosophizing is inherently different from other forms of creativity in culture, and agues that philosophical oeuvre bases on the critical perception of the existing knowledge. Involving the theory of self-organization – synergetic – the authors have shown systemic nature of meaning, which plays the role of attractor (a stable solution in the space of cultural meanings). But the sense of simultaneously co-exists in close connection with ad-culture knowledge represented in archetypal forms, continually becoming, realized in connection with the activities of consciousness and clarifying the nature of meaning. The authors demonstrate their position with the notion of discourse. The phenomenon of discourse is considered in its ontological dimensions as a conceptual basis of human existence and position in the culture. On the theories of postmodernism and poststructuralism the authors determine the form of philosophizing, based on the paradoxical structures that have under-subject nature. In this sense, there is the way to overcome the subject-object dualism, because the detection of under-subject nature of the meaning displays this meaning beyond the boundaries of the semantic field of culture. In this case, Philosophizing is a special form of operating in meanings that have just the same universal nature that is inherent to the nature of the phenomenon of meaning. In the end, the authors conclude that the role of philosophy in culture consists of the ability, which exists in its own nature. Philosophical discourse demonstrates its universal and integrative nature in socio-cultural space, creating a unique specific form of positioning oneself in the world. The authors conclude that philosophizing as a form of art, similar to “the science of Socrates” – the art of the truth birth in the course of the dispute, allows all cultural forms to stay dynamic, being in constant dialogue with each other, thereby freezing in their own forms.

scholarly journals Insurance as a loan agreement for managing risk in corporate lending

2021 ◽  
Vol 9 (1) ◽  
pp. 84-93
Author(s):  
Marija Đekić ◽  
Vladimir Ristanović
Keyword(s):  
Risk Management ◽  
Developing Countries ◽  
Credit Risk ◽  
Significant Role ◽  
Credit Risk Management ◽  
Methods And Techniques ◽  
The Subject ◽  
Managing Risk ◽  
Banking Operations

Credit risk management is one of the most important banking operations, both in developed and developing countries. In addition to numerous methods and techniques, banks decide to conclude special credit agreements when granting loans to economic entities. The special provisions of such an agreement provide additional assurance to the lender that it will not incur losses when borrowing funds. In these loan agreements, insurance plays a significant role, whether it is corporate or bank borrowing. In this paper, the subject of consideration is the role of insurance as a loan agreement in corporate lending primarily by banks. The aim of this paper is to describe the importance and role of insurance in the process of corporate lending, point out the benefits of the existence of provisions related to insurance in the loan agreement for both lender and borrower, and provide a brief overview of the use of insurance as a method of credit risk management, referring to the use of this type of agreement in Serbia as well.

scholarly journals The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)

2019 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Laely Wulandari ◽  
Lalu Parman
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Significant Role ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
The One ◽  
Strong Culture ◽  
Eradication Effort

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.  

CONNECTION OF INSURANCE AND MEDICAL LAW IN THE JUDICIAL PRACTICE OF MODERN RUSSIA

2020 ◽  
Author(s):  
N.D. Kobzeva ◽  
◽  
R.S. Durov ◽  
E.V Varnakova ◽  
K.O Kobzev ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Significant Role ◽  
Medical Insurance ◽  
Medical Law ◽  
Judicial Practice ◽  
The Relationship

The article discusses in detail the relationship between insurance and medical law. On the basis of the analysis of normative-legal acts, as well as law enforcement practice, the conclusion is made about the significant role of territorial funds of medical insurance and insurance medical organizations in the protection of the citizen's right to its provision in the system of compulsory medical insurance.

scholarly journals The Role of the UN International Drug Control Conventions in Facilitating Law Enforcement Cooperation in the Policing of Transnational Drug Trafficking

2021 ◽  
Vol 2 ◽  
pp. 172-191
Author(s):  
Scarlet Robertson
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Drug Trafficking ◽  
Illicit Drugs ◽  
Drug Control ◽  
Major Player ◽  
The Us ◽  
High Concern ◽  
The Subject

Transnational policing is an increasingly important issue in today’s globalised world. Transnational crime is an expanding industry and when crime crosses borders, cooperation between states is key. Arguably, this is most important in illegal drug trafficking, a crime of high concern to many states which almost always involves multiple countries. To this end, the UN Drug Control Conventions, introduced to tackle drug trafficking across the world, contain a number of provisions regarding law enforcement cooperation. This piece, by examining legal instruments and existing literature, will explore the role of the conventions regarding cooperation in policing the transnational trafficking of illicit drugs with a particular focus on the US, a major player in the field. Law enforcement cooperation between states existed for many years without international law obligations, however, it was often plagued by political and cultural differences and suffered when international relations were tense. By implementing obligations within the UN conventions, existing practices were codified into international law, meaning that cooperation should be a smoother, and legally-backed, process regardless of the political situation. This piece argues that, although the UN International Drug Control Conventions may not have added completely novel principles or practices to transnational law enforcement, they remain an important tool in facilitating transnational police cooperation and have made a valuable contribution to jurisprudence on the subject.

scholarly journals Features of a medical worker as a subject of corruption crimes

2021 ◽  
pp. 117-122
Author(s):  
Natal’ya Sanina ◽  
Antonina Chuprova
Keyword(s):  
Law Enforcement ◽  
Ethical Standards ◽  
Controversial Issues ◽  
Medical Worker ◽  
Criminal Cases ◽  
Legal Assessment ◽  
The Status ◽  
The Subject

The subject of the study is the controversial issues of determining the status of a medical worker in the legal assessment of corruption violations in healthcare. Based on the analysis of criminal cases, an emphasis was placed on the ratio of professional and official functions in the activities of medical workers. The article draws conclusions about the expediency of adjusting certain positions in law enforcement practice in the legal assessment of violations of legislation and ethical standards by medical workers in the course of their work.

scholarly journals Improvement of tax administration based on the requirements to marking of goods

2020 ◽  
pp. 61-75
Author(s):  
Elena Vladimirovna Borovikova
Keyword(s):  
Law Enforcement ◽  
Tax Administration ◽  
State Agencies ◽  
Commodity Flow ◽  
The Subject ◽  
The Law ◽  
Oversight System

The subject of this research is one of the most relevant vectors in the work of tax and other competent authorities – implementation of the procedure of digital marking of goods and creation of the unified verification base for the released products. The object of this research is the oversight system, in which the monitoring functions of commodity flow are divided between the competent authorities that also control the discharge of fiscal obligations and usage of cash trade mechanisms. Based on the acquired results, the author formulates the tasks solved in implementation of the marking of goods technology; structures the model of system interaction of the authorized state agencies on the questions of monitoring goods turnover; determines the role of fiscal control authorities in the new mechanism of administering sales relations; establishes the theoretical-methodological content of the effectiveness of digital marking of goods. Analysis is conducted on the law enforcement practice of administrative infractions with regards to mandatory requirements of the marking of goods. The author proposes the directions for the development of technologies for monitoring goods turnover and discharge of fiscal obligations by the counterparty. These recommendations along with the obtained results define the novelty of this research, substantiated by a relatively small experience in the area of marking technologies within the system of tax and operational administration of product turnover.

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