scholarly journals Features of Coordination Activities of Prosecuting Authorities of Ukraine in the Field of Combating Crime and Corruption

2021 ◽  
Vol 7 (5) ◽  
pp. 4001-4010
Author(s):  
Anton Voitenko ◽  
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
And Control ◽  
Practical Recommendations

The article presents the substantiation of theoretical provisions and the development of practical recommendations for improving the coordination of prosecuting bodies of Ukraine in the field of combating crime and corruption based on studying the features of such coordination. It is proposed to understand the coordinative activity of prosecuting bodies as the direct activities of prosecutors to the organization of interaction between public authorities and the prospect of achieving the goal based on compliance with the rule of law. It is established that coordination of law enforcement agencies, including prosecuting authorities, in the context of combating crime and corruption should be based on the principles of the rule of law, legality, independence and equality of the subjects which carry out coordination activities, the obligation to implement measures to combat crime and control the implementation, systematic and complete use of various forms of coordination activities, publicity and openness in implementation of coordination measures, independence of bodies involved in decision-making, based on the results of coordination activities, the responsibility of heads of prosecuting bodies for the results of high-quality and timely coordination of measures to combat crime and corruption. It is proved that properly organized relations between the prosecuting bodies give grounds for increasing the effectiveness of the implemented measures in combating crime and corruption. It is suggested that the prospects for further research improve the administrative legislation governing the activities of the prosecuting authorities of Ukraine in combating corruption.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

scholarly journals ADMINISTRATIVE OFFENSE: ONTOLOGY OF GUILT AND PUNISHMENT

2020 ◽  
pp. 59-66
Author(s):  
Александр Анатольевич Беженцев
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
Subsequent Development ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Russian Federation ◽  
Current Code

Автором исследуется гносеология форм вины в зависимости от степени общественной опасности, делается вывод о том, что признание административным законодательством виновности свойством всех административных правонарушений имеет исключительно важный смысл, так как способствует точному соблюдению принципов социальной справедливости, дальнейшему укреплению законности в стане и отвечает не только требованиям последующего развития административного права, но и нуждам правоприменительной практики административно-юрисдикционной деятельности. Одним из обязательных юридических признаков понятия административного правонарушения является и наказуемость деяния, так как в действующем КоАП РФ применяется как термин «наказание», так и «взыскание». Автор разграничивает данные понятия, делает вывод о том, что наказуемость является одним из необходимых признаков понятия административного проступка, поскольку без административного правонарушения не возможно наказание, точно так же как без причины нет следствия. The author examines the ontology of forms of guilt depending on the degree of public danger, concludes that the recognition by administrative legislation of guilt as a property of all administrative offenses has an extremely important meaning, as it contributes to the exact observance of the principles of social justice, further strengthening the rule of law in the camp and meets not only the requirements the subsequent development of administrative law, but also the needs of law enforcement practice of administrative jurisdictional activity awns. One of the mandatory legal features of the concept of an administrative offense is the punishability of the act, since the term «punishment» and «foreclosure» are used in the current Code of Administrative Offenses of the Russian Federation, the author delimits these concepts, concludes that punishability is one of the necessary features of the concept of administrative misconduct, since without an administrative offense punishment is not possible, just as without a reason there is no investigation.

Compliance: Conceptualizing, Measuring, and Explaining Adherence to Judicial Rulings

2013 ◽  
Vol 38 (04) ◽  
pp. 803-835 ◽  
Author(s):  
Diana Kapiszewski ◽  
Matthew M. Taylor
Keyword(s):  
Decision Making ◽  
Causal Inference ◽  
Rule Of Law ◽  
Judicial Decision ◽  
Public Authorities ◽  
Feedback Effects ◽  
Judicial Decision Making ◽  
The Rule Of Law ◽  
Analytic Methods ◽  
Political Outcomes

Public authorities' compliance with judicial dictates is central to legality and constitutionality, may influence broader policy and political outcomes, and can have powerful feedback effects on judicial decision making, independence, and power. As such, it has crucial implications for interbranch relations and the rule of law. Effectively measuring compliance with judicial rulings and clearly explaining when and why elected leaders adhere to courts' mandates present a range of inferential challenges. Building on the groundwork laid in the burgeoning literature on the topic, this article advances two analytic frameworks (one for measuring and one for explaining compliance), offers strategies for grappling with the problems of descriptive and causal inference that arise in studying compliance, and advocates the use of multiple analytic methods to generate and test hypotheses regarding compliance.

scholarly journals Towards a Single Government Approach via Further Consolidation of Law and Order in Estonia, with Domestic Violence as an Example

2018 ◽  
Vol 27 ◽  
pp. 104-116
Author(s):  
Raul Narits ◽  
Silvia Kaugia ◽  
Iris Pettai
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Social Problems ◽  
Legal Practice ◽  
Law And Order ◽  
Special Interests ◽  
Law Enforcement Agencies ◽  
Extensive Experience ◽  
The Rule Of Law ◽  
Positive Nature

An appropriate ‘solution pattern’ for social problems in a state based on the rule of law entails the existence of corresponding legislative regulations. The solution should be approved at the level of a law as a legislative act of supreme juridical power. A solution created at that level would fully correspond to the principle of rule of law and also minimise the possibility of socalled departmental special interests prevailing, in recognition that this danger accompanies efforts toward the solution of every multifaceted problem. The authors find that, since Estonia already possesses relatively extensive experience in legislative consolidation for various aspects of the society’s reality, with most of this experience being of a positive nature, it would be a most welcome development if the issue of DV were to be included in the current process of consolidation under the auspices of the project Towards the Development of Better Legislation. Legislative drafting is stimulated by the perception of acute social problems and of a need to regulate them by legislative means. Results from 2014 and 2017 surveys show that Estonia’s legal practitioners perceive DV as a problem the causes of which demand research and whose victims require help. Most legal practitioners surveyed encountered DV in their day-to-day work, with prosecutors and police detectives bearing the heaviest burden: it consumed nearly one third of their work hours. A serious problem was identified in prejudice and stereotypes, which yield an oversimplified and distorted image of the actual causes of DV, in which the victim frequently is considered responsible. Both the general population and legal practitioners widely share the erroneous impression that the victims could avoid violence through ‘appropriate conduct’. Such stereotypic attitudes wherein victims are considered partially to blame for violence can obstruct the work of law-enforcement agencies. While the idea of a special law on DV found support and scepticism in roughly equal measure, support for it increased significantly when respondents judged the concrete opportunities and solutions offered by such a law. These legal practitioners perceived numerous bottlenecks and unsolved problems in relation to the existing legislative regulation and legal practice, which one would expect to be overcome through a special law on DV. The authors conclude from the survey-based findings that Estonia’s legal practitioners demonstrate considerable anticipation for a law on DV. The participants in the surveys also perceived an increasing need for co-operation with law-enforcement agencies in this regard – i.e., for concentrating on collaboration within this domain. However, the authors consider it undoubtedly important also to increase the involvement of specialists in the DV field: victim support services, staff of women’s shelters, and municipal social workers. 

scholarly journals CONCEPT AND SYSTEM OF IMPACT MUNITIONS USED IN LAW ENFORCEMENT

2021 ◽  
Vol 3 ◽  
pp. 89-101
Author(s):  
I. Haraberiush
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Officers ◽  
Protective Equipment ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Special Means ◽  
Definition Of ◽  
Technical Features ◽  
Enforcement Activity

This article examines importance of impact munition based on new conceptual ideas related to humanization of forms and methods of law enforcement. It is emphasized that in implementation of public safety and the order of law enforcement agencies should meet requirements of the rule of law whereby human, his rights and freedoms are recognized as the highest values and determine the content and direction of the state and its legal institutions. It is emphasized that use of specific means contributes to implementation of this principle by creating opportunities to avoid injuries and casualties by law enforcement officers, ordinary citizens and among offenders directly. It is noted that specific means should be considered as protection means and separated from non-lethal weapons. Definition of specific protection means is given. The system of specialized protective equipment is considered because of a conceptual position: specialized protective equipment of law enforcement agencies is a basic concept and consists of subsystems that have their own structure. Place of specialized protective equipment in the system of specialized machinery of law enforcement agencies is determined. System of specialized protective equipment of and branches of these means are structured considering purpose of special means and tactical and technical features of their application in law enforcement activity.

scholarly journals Current Trends in Training Forensic Experts in Ukraine

2021 ◽  
Vol 1 (19) ◽  
pp. 25-31
Author(s):  
Oleg Kurdes
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
International Cooperation ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Legal Standards ◽  
Current Trends ◽  
Administrative Legislation ◽  
Forensic Expert

The system of forensic expert training in Ukraine has been considered in detail. Particular attention is devoted to the need to bring the training of state forensic experts and forensic experts who are not employees of state forensic science institution to uniform administrative and legal standards, as well as to existence of outdated norms on training forensic experts, and gaps in legislation that leads to insufficient meeting of the needs of law enforcement agencies and court in objective and high-quality forensic expert conclusions. Analysis of administrative legislation of Ukraine in terms of forensic expert training has allowed to formulate proposals to improve the activity. The focus is the need for further administrative and legal settlement of the issue of international cooperation of state specialised forensic science institution in terms of exchange of trainees with forensic science institutions of other states.

scholarly journals Principles of Interaction between the State Border Guard Service of Ukraine and Other Law Enforcement Agencies

2019 ◽  
Vol 87 (4) ◽  
pp. 62-70
Author(s):  
I. I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Personal Responsibility ◽  
The State ◽  
Law Enforcement Agencies ◽  
Main Method ◽  
The Rule Of Law ◽  
Scientific Nature ◽  
Definition Of ◽  
Scientific Doctrine

The author has studied the essence of the principles of interaction of the State Border Service with other law enforcement agencies, which is conditioned by the importance of ensuring proper protection of the state border in the current conditions of the state development. The main method of the research was the method of critical analysis, which made it possible to analyze the provisions of the current national legislation and the approaches in the scientific doctrine to understanding the principles of interaction of the State Border Service of Ukraine with other law enforcement agencies. The content of the concept of “principles of interaction” has been clarified. The definition of the concept of “principles of interaction of the State Border Guard Service with other law enforcement agencies” has been formulated. The author has revealed the content of such principles of interaction of the Border Guard Service with other law enforcement agencies as: the rule of law, legality, respect and observance of human and citizen rights and freedoms, equality of the subjects of interaction, scientific nature, planning, personal responsibility of the management and employees of the subjects of interaction for its results, combination of open, secret and conspiratorial forms and methods of activity, promptness and professionalism of the employees of the subjects of interaction, coherence of actions of the subjects of interaction and independence of each of them within their powers. The author has offered to classify the principles of interaction of the Border Guard Service with other law enforcement agencies, by dividing them into general and special ones.

scholarly journals The Police law within the system of administrative law.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-15
Author(s):  
Olha Ihorivna Bezpalova ◽  
Tatiana Anatoliivna Kobzieva ◽  
Volodymyr Valeriiovych Korniienko ◽  
Ivan Vasylovych Kritsak
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Due Process ◽  
Law Enforcement Officers ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
State Security ◽  
Police Control

Issues of police control and involvement are of great essence when aspects of administrative law are revealed. The issue here is that there is no way or instances where the legitimate protection of individual rights and freedom can be guaranteed without the presence of the police in ensuring that rights are protected through the respect of the rule of law. The only way this protection can be maintained is only through the operation or application of administrative law. When dealing with the concept of police law, emphasis is laid on the responsibilities this law enforcement agencies have when dealing with matters related to state security, protection of individual living in a given society, and to a certain extent, the entire public. There is no doubt that it is the role of the police to maintain peace and security within a given society, but the question we should be posing is whether their functions performed are done within the confines of respecting fundamental human rights, following the due process of the law being the fundamental and imperative basis or essence of administrative law. One thing is to ensure security, and the other one is to ensure that when enforcing this security, fundamental freedoms and rights of individuals will be respected by the supposed called law enforcement officers. It is therefore in this light that one can say, without any questioning, that under no circumstances should police law function without the intervention of administrative law, both most compliment each other, and activities of the police must be done in strict respect and compliance with that of administrative law. 

scholarly journals Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law

2020 ◽  
Vol 2 (4) ◽  
pp. 645
Author(s):  
Dhanar Dhono Vernandhie ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legislative Process ◽  
Research Approach ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Sociological Factors ◽  
The People ◽  
The Republic ◽  
The Government

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement.�

scholarly journals Simplified claim proceedings: legislative regulations of the Code of Civil Procedure of Ukraine

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Sulim V.V ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Judicial Reform ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Organizational Conditions ◽  
The Status ◽  
Procedural Code ◽  
Legislative Changes ◽  
Simplified Procedure

In the process of building the rule of law, one of its most important criteria is the creation of a fair, transparent and efficient judiciary. The essential need for radical changes in the judiciary and the reform of its individual institutions is a matter of time. The main goal of judicial reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, efficient and accountable judiciary in Ukraine, which will be trusted by society. Judicial and legal reform in Ukraine is comprehensive and involves amendments to the Constitution of Ukraine, legislation on the judiciary and the status of judges, reform of related institutions (prosecutor's office, bar, law enforcement agencies), as well as improving procedural legislation and legislation governing enforcement. court decisions. In particular, the article emphasizes that legislative changes have been made to the Commercial Procedural Code of Ukraine, initiated new forms of commercial litigation, one of the forms of commercial litigation is simplified litigation, which is designed to consider minor cases, cases of minor complexity and other cases for which priority is given. quick resolution of the case. Along with the simplified procedure and procedures for litigation, the introduction of this form of litigation has revealed certain shortcomings of such regulations. Keywords: commercial litigation, insignificant cases, legislation, shortcomings, procedure

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