Prospects of interaction of police and people’s guards in the region: experience of sociological analysis

2021 ◽  
Vol 96 (3) ◽  
pp. 96-111
Author(s):  
Ye. A. Kleymenov ◽  
◽  
Ye. V. Chepikov ◽  
Keyword(s):  
Law Enforcement ◽  
Financial Support ◽  
The Other ◽  
Sociological Analysis ◽  
Power Structures ◽  
Budgetary Institutions ◽  
Legal Security ◽  
The One

Based on the results of quantitative and qualitative sociological surveys, the article outlines the prospects for interaction between the police and people's guards in the Khabarovsk territory. On the one hand, the estimates of increase in the number and effectiveness of these law enforcement associations are shown, on the other, the directions for improving their activities in the region are given. The study showed that the main measures to optimize interaction of the people's guards with the police should be aimed at increasing the motivation and involvement of different segments of the population in the work of people's guards. The key areas of such work should be information and explanatory work in relation to the volunteers and volunteers with the active civic position, youth, primarily students, pensioners of power structures, employees of budgetary institutions and organizations, an increase in the level of material incentives for vigilantes and financial support of the people's guards, improvement of legal security of vigilantes, as well as changes in the ideological and motivational aspects of their activities.

scholarly journals Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 30
Author(s):  
Alexander V. Demin
Keyword(s):  
Law Enforcement ◽  
Everyday Life ◽  
International Organizations ◽  
Good Faith ◽  
The Other ◽  
Tax Law ◽  
General Requirement ◽  
Law Enforcement Agencies ◽  
The One ◽  
Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

scholarly journals On Governance and the Demographic Transition

2012 ◽  
Vol 4 (6) ◽  
pp. 319-330
Author(s):  
Flaubert Mbiekop
Keyword(s):  
Demographic Transition ◽  
Financial Support ◽  
Overlapping Generations ◽  
The Other ◽  
Overlapping Generations Model ◽  
Child Quality ◽  
Mild Conditions ◽  
Weak Institutions ◽  
The One ◽  
Fertility Choices

It is now conventional wisdom that institutions shape household fertility choices, especially in developing countries. However, deeper insights into the mechanisms at play are still needed. This paper develops a game-theoretical framework with a simple overlapping-generations model to show how a typical household may come to prefer bearing and raising numerous children as a savings scheme for retirement and not rely on conventional outlets for saving when facing weak institutions. On the one hand weak institutions increase the risk that individuals may lose their savings if relying on conventional outlets. On the other hand, childbearing as an investment/savings scheme carries with it the risk that disguised or complete unemployment may prevent grown children from providing the expected old-age financial support. The typical household thus trades off between both types of risks, yet with more control in the latter case, as the likelihood of unemployment can be reduced by carefully selecting a child quality-quantity strategy. Mild conditions are sufficient to show that sound institutions induce less fertility and foster private saving and oldage consumption. A simple voting experiment unveils a tricky socio- economic dynamics whereby wealthier households may have stakes supporting weak institutions.

scholarly journals Predictive policing: Utopia or dystopia? On attitudes towards the use of big data algorithms for law enforcement

2020 ◽  
Author(s):  
Fernando Miró Llinares
Keyword(s):  
Law Enforcement ◽  
Main Part ◽  
Scientific Evidence ◽  
The Other ◽  
State Control ◽  
Legal Decisions ◽  
Technological Revolution ◽  
Predictive Policing ◽  
Predictive Algorithms ◽  
The One

The use of predictive AI tools to improve decision-making in relation to crime prevention and investigation is a reality. They are being implemented almost before we fully understand how they work, while we make relevant legal decisions that may determine the progress of the technology, and long before we can predict their full impact. This paper addresses the attitudes towards this technological revolution applied to criminal justice, focusing in particular on its use by police. The first section summarises and describes the techniques and technologies that make up predictive policing. Subsequently, the main part of the study analyses the attitudes with which this technology has been received. These range from the optimism of those who defend its immediate implementation as a way to improve police objectivity and efficiency, to the pessimism of those who see its use as strengthening a dystopia of state control and surveillance. Two apparent extremes that correspond to the transition from optimism to technological pessimism of the twentieth century. The article concludes with a defence of a realistic, critical and informed view of the use of these predictive algorithms. A vision that, on the one hand, accepts that there are no neutral technologies, yet does not fall into fatalism and technophobia; and, on the other hand, places the human being and the legitimate police function at the centre of the algorithmic equation while redefining its objectives based on the scientific evidence applied to each individual technology.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

scholarly journals Moving Toward Neo-Totalitarianism: A Political-Sociological Analysis of the Evolution of Administrative Absorption of Society in China

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Xiaoguang Kang
Keyword(s):  
Nonprofit Organizations ◽  
Nonprofit Sector ◽  
The State ◽  
The Other ◽  
Sociological Analysis ◽  
State Capitalism ◽  
Laws And Policies ◽  
The One ◽  
The Relationship ◽  
Three Phases

AbstractChina recently promulgated and revised a number of laws, regulations and measures to regulate the nonprofit sector. All these administrative efforts increase support for Chinese nonprofit organizations (NPOs) on the one hand and put unprecedented pressure on them on the other. The seemingly contradictory effects are actually based on the same logic of Administrative Absorption of Society (AAS). This article proposes three phases in the development of AAS: an subconscious phase, a theory-modeling phase, and an institutionalization phase. The institutionalization of AAS has led to the rise of neo-totalitarianism, which is featured by state capitalism, unlimited government, and a mixed ideology of Marxism and Confucianism. Neo-totalitarianism further strengthens AAS and has begun to reshape the relationship between the state and the nonprofit sector. This article analyzes China’s nonprofit policymaking from a sociopolitical perspective, and clarifies the context, the characteristics, and the evolution of laws and policies in the nonprofit sector in macrocosm.

scholarly journals Too good to be a sport? Why dog agility struggles in gaining recognition as a sport

2016 ◽  
Vol 53 (6) ◽  
pp. 745-761 ◽  
Author(s):  
Samu Pehkonen ◽  
Hanna-Mari Ikonen
Keyword(s):  
Qualitative Study ◽  
Media Coverage ◽  
Financial Support ◽  
The State ◽  
The Other ◽  
Expert Interviews ◽  
Human Animal ◽  
The One ◽  
Elite Sports ◽  
Important Milestone

Over the last two decades, the Finnish community of dog agility practitioners has worked diligently towards gaining recognition for agility as a sport. The process reached an important milestone in 2016 when the National Sports Council listed the Finnish Agility Association as eligible for financial support from the state. As one of the pioneer countries in this regard, Finland is of great interest, as the agility sport continues to become more popular and professionalised worldwide. Using the findings from a qualitative study of media coverage and expert interviews about attempts to gain recognition for agility as a sport, this article explores the strategies that practitioners and the Finnish Agility Association have utilised in their work. This article shows that recognition comes with the need to find a balance between elite sports, on the one hand, and sport for all on the other. Although agility may risk losing some of its particular character as a human–animal teamwork dynamic, it has the potential to contribute to the culture of sports more widely.

scholarly journals The Inquisition of 1517. Inclosures and Evictions. Part II. Edited from the Lansdowne MS. 1. 153

1893 ◽  
Vol 7 ◽  
pp. 127-292
Author(s):  
I. S. Leadam
Keyword(s):  
Sixteenth Century ◽  
Legal Theory ◽  
Common Law ◽  
Historical Review ◽  
The Other ◽  
Historical Society ◽  
Sharp Distinction ◽  
Legal Security ◽  
The One ◽  
At Will

In the ‘English Historical Review’ for April (1893) Professor Ashley offers some criticisms upon the ‘Introduction to the Inquisition of 1517,’ contributed by me to the ‘Transactions of the Royal Historical Society’ for 1892. One object of that Introduction, it may be remembered, was to disprove the assertion of Professor Ashley that at the time when the evictions for inclosure began, and until ‘towards the end of the period,’ ‘the mass of copyholders’ had no legal security. In my view, the manorial records, the compilations of laws in the twelfth and thirteenth centuries, the practice of the courts, even the treatises of the jurists when critically scrutinised, led to the conclusion not merely that copyholders enjoyed protection in legal theory, but that their predecessors in title, the villeins, had done so before them. I drew no distinction in this matter between customary tenants and copyholders, as Professor Ashley appears to suppose, but showed that security extended even to villeins by blood, or ‘nativi,’ on custo-mary lands. Professor Ashley's proposition that ‘customary tenants’ and ‘copyholders’ were equivalent terms was never doubted by me, and is irrelevant to my argument. Indeed, it is assumed by me on the very pages to which he refers. ‘Mr. Leadam,’ he says, ‘draws a sharp distinction between “copyholders” on the one side and “tenants at will” on the other—a distinction which one may doubt whether the men of the sixteenth century would have felt so keenly.’ The distinction, as those who turn to the passage will see, is between ‘copyholders,’ used in Fitzherbert's sense as equivalent to customary tenants, who were ‘tenants at will according to the custom of the manor,’ and ‘tenants at will at Common Law.’

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)

2019 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Laely Wulandari ◽  
Lalu Parman
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Significant Role ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
The One ◽  
Strong Culture ◽  
Eradication Effort

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.  

scholarly journals Health Behaviour, Stress, and Police Trainees

2020 ◽  
Vol 148 (Special Issue 2.) ◽  
pp. 112-131
Author(s):  
Zsuzsanna Borbély
Keyword(s):  
Physical Activity ◽  
Law Enforcement ◽  
Alcohol Consumption ◽  
Occupational Stress ◽  
Police Officers ◽  
The Other ◽  
Stress Exposure ◽  
Health Related ◽  
The One ◽  
The Relationship

Occupational stress has adverse effects on the health of police officers which may have a negative impact on their work in the long run. The same may apply to police trainees who have been less studied in this respect so far. To investigate this issue, we performed a cross-sectional study in probationer police officers in their second school year in two grades at one of the Hungarian law enforcement schools. The study was performed in two waves in 2016 (N = 138) and 2018 (N = 94). We explored the connection between stress exposure as measured by the Occupational Stress Questionnaire for Law Enforcement Services, and health-related behaviours, particularly alcohol consumption, smoking, and physical activity as measured by a custom-made questionnaire. Variance analysis showed that police stress factors have a connection with health behaviours in the two grades: relations between smoking status, alcohol consumption, and binge drinking on the one hand and Individual, Personal factors on the other in 2016 and between the frequency of physical activity, alcohol consumption and binge drinking on the one hand and Workload factors on the other in 2018. The findings obtained in 2016 and 2018 are different in many respects. Overall, the relationship between stress exposure and health-related behaviours was more obvious in 2018 than in 2016. Our study revealed important connections between stress exposure and health-related behaviours in police trainees, but the differences observed in the two waves indicate the complexity of the relationship and require further – preferably longitudinal – studies on the issue.

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