scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

Author(s):  
Роман Нагорных ◽  
Roman Nagornyh

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.


Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  

The conceptual aspects of ensuring the public safety and order during mass events in accordance with the implemented methodology of the National Police of Ukraine in the field of the realization of citizens’ rights to peaceful assembly have been analyzed in this article. The peculiarities of the organization of the activity of the police bodies and subunits within the limits of the joint performance of tasks concerning the maintenance of law and order have been defined. The main ways and methods of using police forces and means while preventing and stopping the offenses during peaceful assemblies have been analyzed for compliance with the national legislation. The authors have also compared some tactical methods used by the law enforcement agencies of Ukraine and those that are adopted from the European practice of policing and, accordingly, specified in the departmental regulations governing the relevant field of the professional duties. The statements, suggested in this scientific article, are based on the results of the interviews with the leadership of the National Police bodies and subunits that directly implement the tasks of the ensuring public safety and order during mass events and have been trained by the European Union Advisory Mission in Ukraine aiming to form a new model of securing the public order [1].


Author(s):  
Frisa Erika ◽  
Hudiarto Hudiarto ◽  
Sevenpri Candra

The deteriorating image of law enforcement agencies in serving the needs of nowadays community is making the chiefs of XYZ’s district attorney offices to search the best way so that the law service in their offices can be better. This problem is the general reflection of how bad the public service in law’s field is in our country. For that noble purpose, the chiefs see that there is a chance to use the ability of system and information technology. That system is not only for the necessary needs in district attorney office but it is also combined in the existing process in security and court. The chief of office feels that the enhancement performance will be obtained easier if there is the same system and technology and are designed carefully. Within this paper, the researcher uses the framework of Enterprise Architecture to develop the needed system and technology so that it can be realized strategically and operationally much better and can be accounted. The result is the current time conservative service system and have the quality of office automation systems is gradually planned to change into automation for the next two or three years. Therefore, the connection and the cooperation between the attorney, the police and the court will be more harmonic, thus gradually increased the service to the community.


2020 ◽  
Vol 4 (4) ◽  
pp. 115-123
Author(s):  
Dmitry A. Grishin ◽  
Alexander S. Dugenets

The subject of the research is the modern administrative law and administrative procedural doctrine shaping the view of the contents and nature of the legal relationship of administrative liability involving correctional agencies. The purpose of the article is to confirm or disprove the hypothesis about significant features of legal relations of administrative liability arising, developing and terminating in the field of execution of criminal penalties. The methodology includes systematic analysis of legal academic literature, interpretation of Russian legislation on administrative offences. The main results. The static (universal for all law enforcement agencies) structure of the institution of administrative liability acquires its qualitative originality in the process of its practical implementation in the law enforcement activities of the relevant bodies and officials authorized by the state to bring to administrative responsibility through appropriate legal relations. The main part of the legal relations of administrative responsibility that develop in the activities of correctional institutions and pre-trial detention centers are of a security nature. These relations are primarily aimed not at implementing the main tasks of the legislation on administrative responsibility, but at achieving the basic goal of the func- tioning of penitentiary institutions, i.e. ensuring the public safety of objects of the Federal Penitentiary Service of Russia. Identification and proper procedural registration of the fact of an administrative offense will be the basis for the emergence of the corresponding protective legal relationship. The authors make proposals aimed at improvement of normative regulation and practice of application of administrative coercive measures, enforced by employees of the Federal Penitentiary Service of Russia. It is necessary to radically change the approach to the administrative and jurisdictional practice of correctional agencies by expanding the application of administrative responsibility to convicted persons and persons held in pre-trial detention centers. Conclusions. Administrative liability relations involving correctional agencies have specific features. The application of such liability is aimed at maintaining the normal legal regime and ensuring the public safety of the relevant penitentiary facility. Administrative responsibility should be applied by correctional agencies to citizens who are located on the territory of the penitentiary institution and pre-trial detention center, civil personnel of the penitentiary system and special agents. A doctrinal definition of the legal relationship of administrative liability involving correctional agencies is formulated by authors.


Author(s):  
Irina Zhukova ◽  
◽  

The peculiarities of the influence of civil society on the state regulation of law enforcement activities within the member states of the European Union are considered. A thorough analysis of regulatory and legal support and mechanisms for the practical implementation of active cooperation between civil society and law enforcement agencies of the European Union (Belgium, Great Britain, Germany, Poland, Finland, France, Hungary). Possibilities of wide involvement of civil society representatives in law enforcement activities using various forms and methods within the member states of the European Union are considered. It has been proven that the opinion of civil society on the functioning of the law enforcement system is one of the key factors in strengthening ties and improving the interaction of the above structures with representatives of the public sector, including individual citizens or NGOs. It is substantiated that using the most successful forms and methods of law enforcement, provided they adapt to the conditions of our country, it is possible to ensure more effective implementation of law enforcement. It is emphasized that important factors in the development of cooperation between law enforcement agencies and civil society on the basis of cooperation should be the formation of motivation and a functioning system of incentives for civil society. It is noted that, in order to fully implement the functions of law enforcement and crime prevention, it is necessary to directly influence the representatives of civil society on law enforcement activities by increasing the level of public, social and legal activity.


Author(s):  
A. Kalimbet ◽  
M. Sidor

Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting The article highlights the essence of normative and individual acts of subject of public administration used in the field of television and radio broadcasting. Emphasis is placed on the need to take into account current trends in national legislation and the views of European scholars on the transformation of the institution of forms of government in the institution of tools of public administration. It is noted that the administrative actions of subject of public administration aimed at ensuring the public interest can take a variety of external forms, and thus take the form of tools of public administration. The general features of public administration tools are singled out, among which: competence of subject of public administration, standardized form, possibility of appeal; as well as a comparative characterization between normative and administrative acts as tools of public administration, the main difference of which is determined by the range of persons covered by the act and the possibility of its repeated application. It is necessary to issue regulations by subjects of public administration in the field of television, which is a by-law that aims to decipher the abstract provisions of laws and give them a specific and holistic content. It was found that the issuance of regulations is an effective operational way to regulate the dynamic legal relations in this area. It is determined that the result of consideration and resolution of administrative cases in a certain order, which arise during the implementation of the relevant subjects, public administration in the field of television and radio broadcasting is the adoption of individual acts, which in turn are the basis for the emergence, change and termination of administrative legal relations in the field of television and radio broadcasting. Attention is paid to the fact that administrative law enforcement as a form of activity of subject of public administration in the field of television and radio broadcasting is aimed at individualization of legal norms in relation to specific subjects and specific life circumstances. Such activity is characterized by the issuance of individual acts, which is the result of consideration and resolution of administrative cases opened in a certain order.


2020 ◽  
Vol 1 (4(106)) ◽  
pp. 86-101
Author(s):  
П. О. Комірчий

The article notes that in modern conditions, the place of staffing of the public service in the law enforcement sphere is of fundamental importance, which is studied through the prism of recent changes in the administrative legislation of Ukraine as a new stage in the reform of the law enforcement system of our state. It has been substantiated that the organization of public service in modern conditions presupposes a significant number of interrelated forms and procedures of staffing. The appropriate forms include: the definition of a strategy for organizational and staff work; educational and preparatory work; selection and selection of personnel; appointment and replacement of posts, placement of personnel; ensuring the passage of service. It has been established that the forms of staffing determine the boundaries of the corresponding staffing procedures. The specifics of staffing procedures implemented within the framework of the specified forms of staffing (for example, within the framework of strategic organizational and staff work, procedures for calculating the staffing of the public service, positive incentives for this service, etc.) are established and characterized. It has been theoretically proved that the correct combination of available forms and procedures for staffing contributes to a real increase in the efficiency of the functioning of law enforcement agencies based on the qualitative use of the potential of employees without increasing the time and resources spent on their maintenance. It was determined that the staffing of the public service in the law enforcement sphere of Ukraine is an element of personnel management of public service bodies in the field of order protection, which is a normatively ordered system of interrelated elements that are in stable administrative and legal relations with each other in relation to staffing, within which their functioning as a whole. It is concluded that the forms and procedures for staffing the public service in the law enforcement sphere of Ukraine, in fact, like any other complex social and legal phenomenon in the plane of the functioning of public administration entities, is subject to careful administrative and legal regulation, within which legislators determine special legal requirements for the implementation of staffing of the public service in the relevant field. That is, a large number of requirements are put forward for the existence of staffing in the public service in the law enforcement sphere in a static and dynamic form at the normative level, aimed at properly staffing the subject of public administration with high-quality personnel, making effective and rational staffing management and increasing the level of uniqueness of this phenomenon. A special place among these regulatory requirements is occupied by the regulatory requirements for the organizational structure of the staffing of the public service in the law enforcement sphere.


2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Сергей Чаннов ◽  
Syergyey CHannov

The article discusses the current state of the law enforcement public service legislation. It is noted that the development of the legal regulation of law enforcement service over the past decade shows that legislators don’t understand to the full extent its specificity and differences from other types of public service. The author criticizes the refusal to use the term “law enforcement service” in the Federal Law “On the public service of the Russian Federation”, according to author´s opinion the service at specific positions in law enforcement service has a number of features in comparison with civil and military service and is characterized by a certain internal unity. The article compares approaches to the legal regulation of service at certain positions in different law enforcement agencies. The author notes that taken in recent years legislative acts concerning the service in law enforcement agencies mostly contain overlapping rules. This situation violates one of the principles of legal technique - maximum economy of norms in the presentation of legal regulations, prevention of their repetitions.


Author(s):  
H. Bachrul Amiq

Enforcement of administrative sanctions is part of the enforcement of administrative environmental laws. Law enforcement of the administrative environment itself can be done in a preventive and repressive manner. Administrative law enforcement that is preventive is done through supervision, while repressive law enforcement is done through the application of administrative sanctions. Supervision and application of administrative sanctions aims to achieve the adherence of the public to the legal norms of the administrative environment. Good supervision as part of preventive environmental law enforcement will prevent the violation of administrative law norms. Thus, environmental pollution resulting from such breaches can be avoided. This is better than the enforcement of repressive administrative sanctions after the offense. However, it does not mean that the review of enforcement of administrative sanctions is unimportant.


2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.


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