scholarly journals CRIMINAL LAW AND CRIMINALISTICS PROBLEMS OF LAW ENFORCEMENT AGENCIES ACTIVITY IN ARCTIC REGION

2019 ◽  
Vol 23 (2) ◽  
pp. 244-263
Author(s):  
Lev V. Bertovsky ◽  
Lev R. Klebanov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Arctic Region ◽  
Russian Arctic ◽  
Law Enforcement Agencies ◽  
Local Fauna ◽  
Successful Development ◽  
Arctic Conditions ◽  
Sparse Population ◽  
Special Factors

The actual problems of criminal law and criminalistics with which law enforcement agencies in Arctic have been facing are concerned in the present article. Successful development of Arctic region demands struggling against criminality affected by special climate, geographic, ethnic, social, legal and another factors. These circumstances roughly embarrass the combating with criminality in Arctic, taking into account sparse population of the region, remote location of communities from organs of state power, ingenious people alcohol abusing, negative affecting of harsh arctic conditions on mental health of inhabiting person. Being one of the richest recourse region all over the world, Arctic has becoming the stage of competition between arctic states. Upkeeping of order on Russian arctic territory is very important aim under these circumstances. In the article legal regiment of Arctic is concerned and characteristic of Arctic social and economy situation is given. The authors demonstrate structure of Arctic criminality and crimes committed on this territory are analyzed. Special attention is centered on analyzing of ecological crimes committed in Arctic taking into account wealthy of local fauna and environment. The problems of law enforcement criminalistics providing also are attentively analyzed, for example, issues of criminalistics methodic for crime investigation, usage of the new technic tools and devises of criminalistics, interconnection between investigators and detectives. Such interconnection is embarrassed by remote locations islands from mainland. The article is grounded on extensive materials from empiric, scientific and law origins related to criminality existing in the different Arctic countries (USA, Canada, Russia, Scandinavian states). This article is the first one discussing various problems of combatting criminality in Arctic region. In the process of preparing the article authors have come to conclusion that Arctic crimes there committed poses special sort of criminality - “frozen” criminality. Such sort provided by special factors must be explored in the future in order to get success while combating the criminality in Arctic.

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 The Role of Law Enforcement Agencies in Preventing Dowry-Related Crimes in Bangladesh and India

2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Continuous Process ◽  
Judicial Decision ◽  
Law Enforcement Agencies ◽  
Secondary Sources ◽  
Social Custom ◽  
The Law ◽  
Victims Of Violence

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.

scholarly journals CYBERCRIME COMPARISON UNDER CRIMINAL LAW IN SOME COUNTRIES

2018 ◽  
Vol 5 (2) ◽  
pp. 217
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The Netherlands ◽  
Criminal Law ◽  
The United States ◽  
The Philippines ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Intelligence Services ◽  
Cross Country

Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

scholarly journals Modern methods of computer-related fraud: legal characteristics and qualification

2021 ◽  
Vol 39 (68) ◽  
pp. 844-865
Author(s):  
Olga Kryshevych ◽  
Igor Andrushchenko ◽  
Olexandr Striltsiv ◽  
Yuriy Pyvovar ◽  
Olena Rivchachenko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Electronic Devices ◽  
Law Enforcement Agencies ◽  
New Methods ◽  
Modern Methods ◽  
Electronic Computers

Due to the spread of new methods of committing fraudulent actions using electronic devices, the problem arose to provide you with adequate characteristics of criminal law for the development of measures leading to counteracting such crimes. The objective of the article was to identify common methods in Ukraine of committing fraud using computers, to assess the characteristics of criminal law that these crimes have, and, in turn, to determine measures to counter them. Methodologically, this is a documentary investigation. The scientific novelty of the study's findings was to identify methods of performing fraudulent actions using electronic computers that will improve the legal qualification of crimes and affect the prosecution of persons guilty of committing such illegal actions. Measures to prevent such criminal offences were also developed. The results of the study help improve the work of law enforcement agencies in Ukraine, in determining recurrent methods of committing fraudulent actions using electronic means and their proper qualification, providing an opportunity to prosecute those who commit such illegal actions and develop ways for cybercrime research and prevention in general.

scholarly journals The Problems Of Perfecting Of Anticorruption Legislation And Activity Of Law-Enforcement Agencies On Struggle With Corrupt Practice In The Regions Of Siberia And The Central Russia

2019 ◽  
pp. 918-924 ◽  
Author(s):  
Evgeny S. Dubonosov ◽  
Natalia V. Bugaevskaya ◽  
Tat’iana S. Volchetskaia ◽  
Valery N. Vlasenko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Work Practices ◽  
Corrupt Practice ◽  
Multidisciplinary Research ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Central Russia

The purpose of this study is multidisciplinary research of the amendments to anti-corruption criminal-legal norms connected with crimes of corruption. By the example of statistics, judiciary and work practices of operational division in the regions of Siberia and the Central Russia norm application in questions of small-sized bribery are discussed together with unsystematic nature of its introduction to criminal law undermining justice principle. This study analyses criminal law cases connected with criminalization of corruption actions in the domain of purchases of goods, works, and services for supplying of state or municipal necessities. This article supports the idea of necessity of struggle with provocation of the bribe or bribery, including operational units realized by employees. Differences of operational experiment conducted for registration of corruption action, and provocation of the bribe or bribery are indicated

scholarly journals Criminal Manifestations in the Consumer Market: Problems of Definition and Accounting

2021 ◽  
Vol 1 ◽  
pp. 50-56
Author(s):  
M. G. Zhilkin ◽  
◽  
E. A. Dotsenko ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Preventive Measures ◽  
Point Of View ◽  
Negative Consequences ◽  
Unified Approach ◽  
Law Enforcement Agencies ◽  
Consumer Market ◽  
Uniform Approach ◽  
Property Owners

The problem of the lack of a uniform approach to classifying criminal manifestations as a group of crimes and offenses in the consumer market is revealed. The high relevance of this issue is noted, due to the interest in it from law enforcement and Supervisory authorities. Based on the current legislation, criminal law and economic doctrine, the discussion issues related to the concept of the consumer market are considered, and its significance in the formation of the concept of crimes in the consumer market is established. It is established that crimes on the consumer market, being potentially dangerous, from the point of view of the possibility of causing harm to the life and health of citizens, damage to property owners, harm to the health of the population as a whole, require preventive measures by law enforcement agencies aimed at preventing the occurrence of further negative consequences. It is concluded that the presence of a victim is not a mandatory criterion for classifying an act as committed on the consumer market. An algorithm has been developed that allows accounting entities to apply a unified approach to classifying relevant acts.

scholarly journals Anonymous Online Offenders – Presumption of Innocence or Presumption of Guilt? A Comparative Analysis between the Evidence Act 1950 and the Islamic Criminal Law

2018 ◽  
Vol 19 ◽  
pp. 49-60
Author(s):  
Nazli Ismail Nawang ◽  
Mohd Lotpi Mohd Yusob ◽  
Aminuddin Mustaffa
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Burden Of Proof ◽  
Freedom Of Speech ◽  
Presumption Of Innocence ◽  
Journal Articles ◽  
Law Enforcement Agencies ◽  
Basic Facts ◽  
Made In

Anonymity is perhaps the most valued feature of the Internet as its users are able to conceal their true identities or assume pseudonyms in the cyber world. Anonymity may be good for freedom of speech as any speakers could freely express their thoughts without the fear of being identified (though not impossible). Unfortunately, anonymity poses great challenges to law enforcement agencies as they would face difficulty in tracing cyber offenders. For that reason, the Malaysian Parliament has passed a new section 114A of the Evidence Act 1950 that has the effect of shifting the burden of proof on the alleged offenders to prove his innocence. This provision seems to be in contrast with the legal maxim of ‘semper necessitas probandi incumbit ei qui agit’ which means ‘he who asserts must prove’. This same principle has also been adopted in Islamic criminal law as the Islamic legal maxim has explicitly stated that ‘the onus of proof is upon the claimant, and the taking of an oath is upon him who denies’. As such, this paper attempts to scrutinise the approach that has been adopted by judges in interpreting and applying this new law. Further, a comparative analysis with Islamic criminal law will be made in order to ascertain whether such principle could be applied in certain cases since cyber criminals are hardly traceable or identifiable. The study is largely based on doctrinal research as it is primarily concerned with the review of relevant decided cases and statutory provisions as well as text books, journal articles and seminar papers. To sum up, it is submitted that the new law does not amount to an automatic presumption of guilt as the prosecutors are still required to prove the existence of relevant basic facts before the accused is mandated to prove his innocence.

scholarly journals KEBIJAKAN PENEGAKAN HUKUM PIDANA TERHADAP PENANGGULANGAN MONEY LAUNDERING DALAM RANGKA PEMBAHARUAN HUKUM PIDANA DI INDONESIA

2016 ◽  
Vol 2 (1) ◽  
pp. 46
Author(s):  
Sri Endah Wahyuningsih ◽  
Rismanto Rismanto
Keyword(s):  
Law Enforcement ◽  
Human Resources ◽  
Money Laundering ◽  
Criminal Law ◽  
House Of Representatives ◽  
Financial Analysis ◽  
Law Reform ◽  
Law Enforcement Agencies ◽  
Enforcement Policy ◽  
The Government

Criminal law enforcement policy on prevention of money laundering in the context of criminal law reform in Indonesia can be started with the establishment of an appropriate legal products through through the government and passed by the House of Representatives, the readiness of law enforcement, protection for whistleblowers, reverse proof, constraints faced in the implementation of policies enforcement of criminal law on prevention of money laundering in the context of criminal law reform in Indonesia, the Increasing Money Laundering, human resources investigator’s ability is limited, Lack of coordination among law enforcement agencies, Prevention and Eradication of Money Laundering in the form a the Reporting Center and Financial analysis hereinafter referred PPATK. This institution is an independent agency that has the authority and duty to examine the suspected actions related to money laundering.

scholarly journals Characteristics of the categories «involvement» and «organization» in extremist crimes

2021 ◽  
Vol 2021 (4) ◽  
pp. 95-101
Author(s):  
Aleksander Travnikov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Modern Society ◽  
Religious Studies ◽  
Successful Development ◽  
Important Improvement ◽  
Wide Range ◽  
Objective Basis ◽  
Improvement Of Legislation

Extremist crimes in modern society pose a serious threat to its further successful development. It is at this point of our development when the danger of this type of crimes is extremely high due to a wide range of factors on an objective basis. However, along with the demand for the study of extremism as a phenomenon from the perspective of philosophy, sociology, religious studies, etc., the dogmatic approach is equally important. Improvement of legislation in the indicated direction acts as a prerequisite for increasing the effectiveness of the fight against extremist manifestations of the radically minded part of society. In this regard, it is essential to define the categories «involvement» and «organization» as crucial in the elements of the crimes, which provide for criminal liability for the crimes of this group. The lack of clarity of both terms directly in the text of the criminal law entailed uncertainty in the emerging judicial and investigative practice, which increasingly begins to assume the regional. One of the ways to overcome this tendency might be the analysis of specific decisions made by the law enforcement officer and the development of concrete recommendations on this basis.

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