scholarly journals Application of Association Analysis to Detect Collusive Behaviour in Public Tenders

2020 ◽  
Vol 6 (351) ◽  
pp. 7-22
Author(s):  
Łukasz Ziarko
Keyword(s):  
Law Enforcement ◽  
Association Analysis ◽  
Public Procurement ◽  
Screening Tests ◽  
Law Enforcement Agencies ◽  
Mode Of Operation ◽  
Avoidance Strategy ◽  
Collusive Behaviour ◽  
Main Shortcoming

The purpose of this study is to examine the conditions required for the application of association analysis in the identification of the collusive behaviour of contractors in public tenders. It also focuses on determining the values of the confidence and lift measures that will describe the rules specific to a tender cartel. Worldwide research has aimed to develop effective and easy‑to‑use screening tests to identify cartel cases in public procurement. The recent research focuses on price (its distribution, variance, range) and classifiers allowing for detection of contractors whose mode of operation deviates from that commonly observed. This study follows the direction of current research. The main results of the study include the confirmation of the applicability of the method for the detection of colluding entities and the determination of the value of the confidence and lift measures specific to cartel cases. The policymakers, law enforcement agencies, contracting authorities and competitors of the cartels can use the proposed method to eliminate or at least to limit the scale of the problem. The main shortcoming of the application of the results is the inability to apply them to cartels pursuing an avoidance strategy. Further research will be conducted to develop a conceptual application of association analysis to all cartel strategies.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

scholarly journals Forensic Engineering Analysis Of Electro-Shock Weapon Safety

2005 ◽  
Vol 22 (2) ◽  
Author(s):  
James A. Ruggieri
Keyword(s):  
Law Enforcement ◽  
Product Performance ◽  
Safe Distance ◽  
Law Enforcement Agencies ◽  
Alternative Mode ◽  
Mode Of Operation ◽  
Safety Studies ◽  
Forensic Engineering ◽  
The Subject ◽  
Wrongful Death

Electro-Shock Weapons Have Become Increasingly Popular With Law Enforcement Agencies In Recent Years As Alternatives To Firearms. In Particular, The Taser Brand Of Electro-Shock Weapons Are Characterized By A Distinctive Product Feature That Propels Electrode Barbs At The Subject Allowing The Officer To Exert Control Over The Subject While Maintaining Some Safe Distance. These Model Weapons Offers Two Modes Of Operation: The Projectile Or Ballistic Mode, Where The Electrode Barbs Can Reach Out To The Subject At A 15-Foot Or Greater Distance, And A Backup, Touch Or Drive Stun Mode, That Requires The Officer To Drive The Weapon Into The Subject. This Latter Mode Of Operation Is An Alternative Mode Of Operation Should The Electrode Barbs Miss The Subject, Or For Use In Close Quarters Situations. The Manufacturer Of These Weapons, Taser International Inc., Claims The Devices To Be Safe, Citing Many Independent Technical And Medical Safety Studies. However, Following Over One Hundred Deaths Involving Use Of The Weapon, The Company Has Received Much Criticism, And Consequently, Named As A Defendant In A Large Number Of Lawsuits Under Theories Of Defective Product, Wrongful Death, And Willful Misrepresentation Of Product Performance And Product Safety. This Paper Reports The Findings Of Independent Electrical Tests Performed On A Civilian Model Version...

scholarly journals Protection of Victims in Estonia: A Survey Determining the Status Quo After Implementation of the Directive 2012/29/EU

2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Online Survey ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Face To Face ◽  
Legal Professionals ◽  
The Status ◽  
Law Enforcement Officials

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.

scholarly journals Crime and Punishment in coplas of cante flamenco

2021 ◽  
pp. 168-181
Author(s):  
Tatiana Mikhailovna Balmatova
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Common Ground ◽  
Physical Punishment ◽  
Russian Language ◽  
Law Enforcement Agencies ◽  
Crime And Punishment ◽  
The Law ◽  
Xix Century

The XXI century, marked by numerous achievements in various fields, became the time of systematic arrangement of not only cante flamenco, but the law enforcement agencies and procedures in Spain as well. These phenomena, which at first glance have no common ground, appear to be inextricably entwined, since in the folklore of Southern Spain are often mentioned the committed crimes and the imposed punishments. The object of this research is the coplas of cante flamencto that contain information about crimes against ethnic groups, prison conditions, family visits procedure, death penalty, correctional labor, physical punishment and other aspects of being in the penitentiary institutions of that time and interaction with the judicial and legal system. The subject of this research is the law enforcement and penitentiary practices in Spain of the XIX centuries. The texts of cante flamenco have not been translated into the Russian language; only some of them drew the attention of domestic researchers, which defines the relevance of conducting interdisciplinary research dedicated to the historical records on the judiciary, prisons and law enforcement practice in Spain of the XIX century, which were contained in coplas of cante flamenco. The goal of this article lies in determination of peculiarities of delivering information related to crimes and punishments in coplas of cante flamencto, and its correspondence to the historical realities of that time. The research is based on the cante flamento colletcions&nbsp;of A. Machado-Alvarez and M. Balmaceda published in 1881. It is established that the lyrics of flamenco songs accurately reflect the difficulties and flaws in various aspects of functionality of the judicial and legal system and penitentiary institutions during their integration into the state system.

scholarly journals The state-legal mechanism of combating modern crime: ways to improve

2020 ◽  
pp. 85-94
Author(s):  
Grygorii Usatyi
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
Significant Deterioration ◽  
Legal Mechanism ◽  
Conceptual Foundations

The article is devoted to the issues of organizational and legal support of the mechanism of counteraction to modern crime in the conditions of a significant deterioration of the criminal situation in the state; t examines the conceptual foundations and problems of the mechanism of combating crime and domestic criminal policy; the place and role of counteraction to crime in the state mechanism, its external and internal contours are reconsidered, insufficient elaboration of the corresponding doctrinal (theoretical) provisions is recognized; emphasis is placed on gaps in relevant legislation and inadequate regulatory support of law enforcement agencies (in particular, the lack of legal instruments on issues of anti-crime strategy, forensic examination, etc.Based on the study of the positive experience of the scientific community and the practice of law enforcement, proposals have been formulated in the relevant areas for improving the crime prevention system, increasing the effectiveness of law enforcement agencies in the fight against the shadow economy, organized crime (and its individual manifestations), and an attempt has been made to optimize the modeling of the law enforcement system in the perspective preventive activities in the context of the implementation of the criminological policy of the state, determination of the strategy and tactics of combating crime. Key words:crime, criminal law policy, crime prevention, crime prevention mechanism.

scholarly journals The ways to improve of the mechanism of combating modern crime

Legal Ukraine ◽  
2020 ◽  
pp. 6-13
Author(s):  
Grigoriy Usaty
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
Significant Deterioration ◽  
State Determination ◽  
Conceptual Foundations

The article is devoted to the issues of organizational and legal support of the mechanism of counteraction to modern crime in the conditions of a significant deterioration of the criminal situation in the state; t examines the conceptual foundations and problems of the mechanism of combating crime and domestic criminal policy; the place and role of counteraction to crime in the state mechanism, its external and internal contours are reconsidered, insufficient elaboration of the corresponding doctrinal (theoretical) provisions is recognized; emphasis is placed on gaps in relevant legislation and inadequate regulatory support of law enforcement agencies (in particular, the lack of legal instruments on issues of anti-crime strategy, forensic examination, etc.Based on the study of the positive experience of the scientific community and the practice of law enforcement, proposals have been formulated in the relevant areas for improving the crime prevention system, increasing the effectiveness of law enforcement agencies in the fight against the shadow economy, organized crime (and its individual manifestations), and an attempt has been made to optimize the modeling of the law enforcement system in the perspective preventive activities in the context of the implementation of the criminological policy of the state, determination of the strategy and tactics of combating crime. Key words: crime, criminal law policy, crime prevention, crime prevention mechanism.

scholarly journals ADMINISTRATIVE AND LEGAL SUPPORT OF INTERACTION BETWEEN POLICE AND LOCAL COMMUNITIES

2021 ◽  
Vol 77 (4) ◽  
pp. 110-115
Author(s):  
Kyrylo Anisimov ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Action Plan ◽  
Legal Framework ◽  
Local Communities ◽  
Law Enforcement Agencies ◽  
Security Issues ◽  
State And Local ◽  
National Police

The article analyzes the administrative and legal support of interaction between the police and local communities. It is stated that the creation of partnerships between the police and civil society is a priority area of policing in the implementation of law enforcement. The administrative and legal support for the establishment of partnerships between these institutions is described as having a dynamic character, and is aimed at improving the organizational and legal framework for cooperation between the police and the community. The priority role of the Constitution of Ukraine in the process of forming the administrative and legal status of the National Police of Ukraine has been determined, as the constitutional and legal conditionality of the content and normative-legal content of policing is related to the reproduction in the legislation on the National Police of Ukraine of values of man and citizen. The priority areas of the police are formulated in the process of interaction with the population, in particular: analysis of security problems that can be solved in interaction with the population; determination of social populations and priorities in working with these groups; development of programs (directions of work) of interaction with the population, where the interests of various social groups will be taken into account; procedures for determining the need and priority to implement these programs in specific communities; determination of the most effective methods, methods and forms of solving security issues in cooperation with the population; determination of the circle of partners among state and local institutions for the implementation of initiatives; joint development of an action plan with the involvement of partners; development of procedures for analyzing the effectiveness of implemented projects, in particular, assessing their compliance with the requests of specific communities in the field of security. In addition, the partner model provides not only the direct active participation of the population in law enforcement agencies to ensure public order, but also timely informing the police to the population on all the facts of committing criminal and administrative offenses.

scholarly journals The identity of the subject who commits crimes in the field of public procurement for municipal or state needs

2021 ◽  
pp. 217-221
Author(s):  
Vasily Dolinko
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Procurement ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation

The article deals with the issues of the identity of the subject who commits criminal acts in the field of public procurement for municipal and state needs. The state and its law enforcement agencies reliably protect the economic security of our sovereign country, effectively countering crime in the field of state procurement, protecting the economic sovereignty of our country, protecting our state from the destructive impact of external and internal threats and factors, from dangers and various negative challenges and risks in the field of economic security of the Russian Federation.

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 transformation of Russian sociality: reflections and self-determination of analysts

2021 ◽  
pp. 22-35
Author(s):  
Vadim Markovich Rozin
Keyword(s):  
Law Enforcement ◽  
Social System ◽  
Private Property ◽  
Social Institutions ◽  
The State ◽  
Broad Sense ◽  
Self Determination ◽  
Law Enforcement Agencies ◽  
Different Levels

This article presents and compares the reflections and conclusions of the prominent Russian sociologists, economists, and political scientists. Having analyzed the transit of Russian sociality, they come to quite disappointing conclusions. Unfortunately, Russia did failed to take its rightful place among the European (Western in a broad sense) states and societies, did not build legal society and institutions, and the established market and private property have significantly deformed, since the authorities and law enforcement agencies of different levels rigidly controlled business for the purpose of share profit, or even seizure and appropriation of the property of others. This indicates not just a crisis, but disintegration and negative transformation of the Russian social system. The author believes that the modern sociality experiences transformation associated with the completion of the culture of modernity and the establishment of futureculture, the structure of which is yet obscure. Such transformation generates sociality that differs from the previous one; however, in many its pioneers and &ldquo;initiators of discursiveness&rdquo; continue to largely adhere to the principles of liberalism, although modified, and often unrecognizable. In this regard, the author discusses not only the state of social institutions, but also the ways for overcoming the prevalent situation sought by separate individuals.

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