scholarly journals INTERNATIONAL STANDARDS FOR THE IMPLEMENTATION OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES BY LAW ENFORCEMENT AGENCIES

2020 ◽  
Vol 8 (6) ◽  
pp. 1550-1557
Author(s):  
Sultanov Mirkabil Mirvalievich ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.


2021 ◽  
Vol 10 (47) ◽  
pp. 161-172
Author(s):  
Yaroslav Y. Buhaiov ◽  
Oleh P. Koretskyi ◽  
Viktoriia V. Koretska ◽  
Serhii V. Penkov ◽  
Artem O. Shapar

The paper aims to define an effective anti-human trafficking system in Ukraine. On the basis of theoretical information and international experience systematic analysis, the peculiarities of investigating crimes in the field of human trafficking are identified: timely receipt of information concerning crimes commission, assigning a case of human trafficking to an investigator or prosecutor with positive experience in detecting such crimes, cooperation of law enforcement agencies with each other and law enforcement agencies of other states in regard to effective ways of such crimes investigation, an effective system of human trafficking victims support. It is possible to increase the effectiveness of combating human trafficking through activities in the following areas: training of law enforcement officers in accordance with international standards; exchange of experience between Ukrainian law enforcement officers with the employees of relevant institutions of other countries; enshrinement at the statutory level of stricter responsibility for such crimes commission; monitoring the compliance of the Ukrainian anti-human trafficking system activities with international standards; creation of a comprehensive support system for human trafficking victims.


2021 ◽  
pp. 249-263
Author(s):  
Volodymyr TYTOR ◽  
Victor ZAIATS ◽  
Ihor KEKISH

Introduction. The issue of granting the customs authorities of Ukraine the right to operational-search activities (OSA), in order to improve the fight against and identify violations of customs legislation that threaten the economic, social and fiscal interests of the state and the legitimate interests of trade are analized. On this task, the legal norms and directives of international organizations of which Ukraine is a member and international agreements ratified by Ukraine were studied, and a comparison with our legislation was made. It is proposed to revise the current Ukrainian legislation on customs in the direction of combating smuggling and violations of customs rules, bring it into line with international standards and give customs authorities the right to the OSA as a full-fledged law enforcement agency. The tasks and indicators of their achievement on organizational support of the OSA in the Customs Service of Ukraine and the approximate structure of law enforcement units of the Customs Service of Ukraine are offered. The purpose of the article is to analyze international legal acts on customs, which indicate the need to provide the customs authorities of Ukraine with OSA in order to perform their functions in the fight against smuggling and violations of customs rules, in full and more effectively. This right is necessary for customs authorities not only to counter and prevent smuggling, but also for effective cooperation with customs and law enforcement agencies of other states. Methods. The methods of analysis, comparison and synthesis during the study of organizational and structural support of operational-search activities of customs authorities were used. Results. The main scientific result of the article is to identify, related to the terms of institutional capacity in the field of law enforcement of the Customs Service of Ukraine were identified and systematized, in particular, the lack of OSA in domestic customs authorities, which allowed to identify ways and prospects for their further implementation. Particular attention is paid to the need to synchronize the provisions of Ukrainian legislation with the relevant provisions of international agreements in force for Ukraine and other non-ratified by Ukraine on this issue. Perspectives. Further research on the institutional capacity in the field of law enforcement of the Customs Service of Ukraine, in the direction of organizational and structural support of operational-search activities of customs authorities, should be conducted on the basis of theoretical justification of its law enforcement powers, taking into account levels of official interaction – departmental, interagency, international.


2018 ◽  
Vol 4 (1) ◽  
pp. 41-60 ◽  
Author(s):  
Mohamed Sesay

AbstractThe positive effects of rule of law norms and institutions are often assumed in the peacebuilding literature, with empirical work focusing more on processes of compliance with international standards in war-torn countries. Yet, this article contends that purportedly ‘good’ rule of law norms do not always deliver benign benefits but rather often have negative consequences that harm the very local constituents that peacebuilders promise to help. Specifically, the article argues that rule of law promotion in war-torn countries disproportionately favours actors who have been historically privileged by unequal socio-legal and economic structures at the expense of those whom peacebuilders claim to emancipate. By entrenching an inequitable state system which benefits those with wealth, education, and influence, rule of law institutions have reinforced structural, social, and cost-related barriers to justice. These negative effects explain why war-torn societies avoid the formal courts and law enforcement agencies despite substantial international efforts to professionalise and strengthen these institutions to meet global rule of law standards. The argument is drawn from an historical, comparative, and empirical analysis of the UK-funded justice sector development programme in Sierra Leone and US-supported rule of law reforms in Liberia – two postwar countries often cited as prototypes of successful peacebuilding.


2021 ◽  
Vol 13 (3) ◽  
pp. 68-76
Author(s):  
Oleg Shynkaruk ◽  
◽  
Volodymyr Senyk ◽  
Oleg Zachek ◽  
Tatiana Maherovska ◽  
...  

The paper analyzes the state of cyber security in Ukraine as a result of the COVID-19 pandemic. It is determined that the main reason for the aggravation of the situation in this area in 2020-2021 was the transition of an unprecedented number of citizens to remote working and an increase in the share of e-commerce. This situation has exacerbated existing and contributed to the emergence of new problems of legal, organizational, software and technical and other areas of cyber security in Ukraine. Based on the analysis of statistical data, analytical materials (obtained primarily from open sources of the Cyberpolice of Ukraine), international experience has shown that the COVID-19 pandemic most actively contributed to the development of such cybercrimes as: obtaining user credentials through malware distribution (usually phishing method); fraud schemes for the sale of personal protective equipment, medicines and other goods designed to prevent coronavirus (COVID-19) infection, as well as for the sale of other consumer goods; spreading misinformation and fakes in order to create panic and social instability in the state. The conducted analysis allowed to outline the main priority areas in counteracting this socially dangerous phenomenon. Among them: the need to intensify the activities of law enforcement agencies in Ukraine in cybercrime counteraction, to strengthen cooperation with law enforcement agencies of other countries; to create new and make amendments to existing regulatory legal acts to combat cyber threats, including on the basis of international experience and international standards; improvement of software and hardware of information and telecommunication systems; improving public awareness of the cyber security system in the country, etc.


2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.


2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.


2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health


2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.


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