The Discrediting Factor in the Legal Responsibility Implementation Mechanism: General Theoretical Aspect

2021 ◽  
Author(s):  
S.M. Vorobyev ◽  
◽  
I.A. Kusmin ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Theory ◽  
Negative Impact ◽  
Theoretical Aspect ◽  
Analytical Description ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Public Power ◽  
The Social

The purpose of this study is a general theoretical characterization of the discrediting factor in the mechanism of legal liability implementation. The authors indicate the negative impact of discrediting on the effectiveness of legal liability and, in general, the work of bodies and officials in bringing to justice and its implementation. Specific forms (manifestations) of discredit are named, and their analytical description is given in relation to the subject of study. The necessity of countering discrediting at various stages of the dynamics of responsibility, including law-making and subsequent law enforcement activities, is justified. The relationship between the quality of the general legal theory of legal responsibility and the interdisciplinary methodology is indicated. It is proposed to develop a scientific and legal strategy to expand the research tools for understanding the social and legal reality that develops around the organization and implementation of activities for the assignment of legal responsibility. Based on the specifics of the discrediting effect, the article discloses the specifics of the discrediting factor in relation to the system of law enforcement agencies directly involved in the mechanism of implementing legal liability. The authors use statistical data indicating the level of trust in the institutions of public power, taking into account the discrediting influence exerted on them, and formulate the basic guidelines for the intensification of a comprehensive fight against discredit in the mechanism of legal liability implementation.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

Social efficiency of internal affairs bodies

2021 ◽  
Author(s):  
Egor Bunov
Keyword(s):  
Law Enforcement ◽  
Empirical Studies ◽  
Multidimensional Analysis ◽  
Law Enforcement Agencies ◽  
Social Effectiveness ◽  
The Social ◽  
Wide Range ◽  
Degree Of Satisfaction ◽  
Internal Affairs

The monograph contains a theoretical analysis of the social effectiveness of the internal affairs bodies as the degree of satisfaction of the population with the quality of law enforcement activities to protect their interests, rights and freedoms. The results of a multidimensional analysis of empirical studies of the influence of macro - and microsocial factors on the effectiveness of interaction between the population and law enforcement agencies are presented. The article substantiates the criteria for social assessment of the activities of the internal affairs bodies, the use of which allows for practical adjustment of the forms and methods of the management system. For a wide range of readers interested in the practice of applying legal measures of law enforcement.

scholarly journals GENDER CHARACTERISTICS OF WOMEN's CRIME

2021 ◽  
Vol 31 (5) ◽  
pp. 904-910
Author(s):  
S.A. Styazhkina
Keyword(s):  
Law Enforcement ◽  
Modern Society ◽  
Social Characteristics ◽  
Educational Institutions ◽  
Law Enforcement Agencies ◽  
Female Crime ◽  
The Social ◽  
Gender Status ◽  
Gender Characteristics

The article deals with the issues of criminological characteristics of female crime, analyzes the data of official statistics. Special attention is paid to the analysis of the causes and conditions of female crime. The paper substantiates the need to study women's crime, study its causes and conditions. The peculiarities of women's crime are determined by the gender status and the role of women in modern society. In this regard, the article analyzes the social characteristics and psychological characteristics of women in modern Russia. Special attention is paid to the prevention of women's crime. It is proposed to develop a national program for the prevention of women's crime. The program should be comprehensive in nature, and also contain a system of interaction between various bodies and services in the prevention of women's crime, ranging from educational institutions to law enforcement agencies.

scholarly journals IMPLEMENTATION OF LEGAL RESPONSIBILITY I N THE LAW ENFORCEMENT BLOCK OF THE MECHANISM OF LEGAL REGULATION

2020 ◽  
pp. 101-114
Author(s):  
И.А. Кузьмин
Keyword(s):  
Theoretical Model ◽  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Remedies ◽  
The Law ◽  
Problematic Situations

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.

scholarly journals Criminal Investigation and Criminal Intelligence: Example of Adaptation in the Prevention and Repression of Cybercrime

Risks ◽  
2020 ◽  
Vol 8 (3) ◽  
pp. 99
Author(s):  
Barlatier Jerome
Keyword(s):  
Law Enforcement ◽  
Crime Control ◽  
Holistic Approach ◽  
Social Relevance ◽  
Law Enforcement Agencies ◽  
Criminal Intelligence ◽  
Police Investigations ◽  
The Social ◽  
Intelligence Service

In the context of the digitization of delinquent activities, perpetrated via the internet, the question of the most appropriate means of crime prevention and crime repression is once again being raised. Studies performed on police investigations have highlighted the over-determining nature of circumstantial factors in crime as a condition for their elucidation for more than fifty years. The emergence of mass delinquency, such as cybercrime, has thus strongly altered the role of investigation as a useful mode of knowledge production. This obsolescence has appeared gradually and can be summarized in four stages, which generates a suspicion about the social relevance of the investigation. It seems that the holistic approach of criminal intelligence is more adapted to the fight against new forms of crime. The investigation becomes a precision instrument assigned to functions that become more specific. This article considers this paradigm shift by the approaches to knowledge management of crime control. Cybercrime is then emblematic of this shift. This study is based on the criminological review and the delinquency analysis led by the central criminal intelligence service of the national gendarmerie. Its premise may likely guide the strategy of French law enforcement agencies.

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk
Keyword(s):  
Law Enforcement ◽  
European Community ◽  
Social Relations ◽  
Effective Interaction ◽  
Important Criterion ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Social ◽  
National Police

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

FORMS AND METHODS OF PARTICIPATION OF PRIVATE SECURITY GUARDS AND VOLUNTARY PEOPLE'S PATROL IN RESPONSE TO ILLEGAL TRAFFICKING OF WEAPONS

2018 ◽  
pp. 78-95
Author(s):  
Denis Mikhaylovich Denisov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Negative Impact ◽  
National Guard ◽  
Criminal Code ◽  
Private Security ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Security Issues ◽  
The Russian Federation

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.

scholarly journals Management of Legal Processes: Statement of the problem

2019 ◽  
Vol 15 (2) ◽  
pp. 12-20
Author(s):  
V. L. Schulz ◽  
S. A. Bochkarev
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Human Sciences ◽  
Universal Method ◽  
Law Enforcement Agencies ◽  
Text Interpretation ◽  
Judicial Decisions ◽  
The Social ◽  
Legal Processes

Introduction. The article considers the category of management from the standpoint of history, theory and philosophy. The law and the processes of its implementation in practice have been chosen as the social context within which the importance and potential of management has been studied.Materials and methods. The article actively uses both contributions of natural science and papers written for the purpose of understanding the humani-tarian knowledge. The methodological basis of the article includes the universal method of cognizability of the world, such logical methods as induction and deduction, the achievements of comparative jurisprudence, the method of text interpretation (mainly judicial decisions and regulations).The results of the study. The paper tries to answer the questions what management is in principle, what are the possible and acceptable forms of its manifestation in jurisprudence. The meanings in which management is used in the natural and human sciences are compared. A distinction is made between the concepts of “management of legal processes” and “public administration”.Law enforcement processes are much rationalized, and law has maintenance of order as its highest goal. The absence of reference to management in the procedural legislation serves as an indirect but sure sign that governance in law does not exist in the form in which it is represented in the natural sciences.Discussions and conclusions. Subject to the above it was concluded that management in law is manifested and realized in a peculiar way. It is implemented in legal processes through decentralized principles, i.e. by the participants themselves on a parity and consensual basis. The role of guides is played by symbolic means - the principles of law and the values protected by it. The role of doers is played by instrumental means - law enforcement agencies and institutions. The role of organizes is exercised by the subjects of law (individual, society and the state), and the function of consumers is realized by the subjects of specific legal relations.

scholarly journals Legal Mechanisms for Digitalization of the Activities of Prosecution Authorities

2021 ◽  
Vol 93 ◽  
pp. 02018
Author(s):  
Anna Churikova ◽  
Nina Manova ◽  
Mikhail Lavnov
Keyword(s):  
Law Enforcement ◽  
Well Being ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Social ◽  
State And Society ◽  
General Scientific ◽  
Economic Well Being

Prosecution authorities in most countries act as guarantors of the legality and validity of criminal prosecution, thereby ensuring the social and economic well-being of the state and society. Outdated paper forms of interaction between prosecution authorities and other law enforcement agencies in criminal investigations overload the existing system and make it less effective. Using the main general scientific methods of cognition, the authors come to the conclusion that it is necessary to improve the legal regulation of the digitalization of the prosecution authorities. As a result of the study, three main tasks have been identified to which the digitalization of the activities of the prosecution authorities should be directed.

scholarly journals Grounds for legal liability in the pharmaceutical sector of the healthcare sector

2021 ◽  
Vol 23 (2) ◽  
pp. 280-285
Author(s):  
O. H. Aleksieiev
Keyword(s):  
Law Enforcement ◽  
Competent Authority ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Healthcare Sector ◽  
Medicinal Products ◽  
Pharmaceutical Sector ◽  
Study Results ◽  
Different Types ◽  
Procedural Basis

The aim. To find out the content and essence of the legal liability grounds, to determine the main features of each element. Materials and methods. Synthesis, analysis and comparative law methods were used in the course of the study. Results. The grounds for legal liability in the pharmaceutical field are: 1) the fact of committing an act, defined as an offence by the relevant legislation, i.e. the factual basis; 2) the existence of a legal rule that prohibits such behavior and establishes appropriate sanctions, i.e. the regulatory basis; 3) lack of grounds for release from liability; 4) the existence of a law enforcement act, a written decision of the competent authority in which the person is found guilty and assigned the type and measure of punishment, i.e. the procedural basis. The analysis of the relevant regulatory framework shows some inconsistencies in the legislation governing the pharmaceutical sector in the context of legal liability. Thus, the cited articles of Fundamentals and the Law of Ukraine “On Medicinal Products” presume different types of legal liability for violations of the sectoral legislation. The fact is that Article 80 of the Fundamentals does not presume disciplinary liability, which, in our opinion, may have quite unpleasant precedents. In order to increase the effectiveness of the legal liability mechanism, we consider it appropriate to amend Article 80 of the Fundamentals. Conclusions. The grounds for legal responsibility in the pharmaceutical sphere correspond to the generally accepted approaches to their classification, and also have branch-specific features. In order to bring a violator of pharmaceutical legislation to justice, it is necessary to have several elements and only their combination determines the legal responsibility in the pharmaceutical field as possible and appropriate.

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