scholarly journals Indelible disfigurement of face - forensic and legal aspects

2017 ◽  
pp. 78-81
Author(s):  
Leonid Holubovych ◽  
Andrii Holubovych ◽  
Petro Holubovych ◽  
Mariia Zubko ◽  
Anatolii Kurtiev
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Research Question ◽  
Legal Aspects ◽  
Expert Committee ◽  
Medical Expert ◽  
Fundamental Part ◽  
Forensic Examination ◽  
The Law ◽  
Aesthetic Ideas

Fleeting changes in economic, political and social life dictate the need for changes in the legal field, where the work is not only lawyers but also forensic medical experts, the main job is to help the judicial and investigative authorities in establishing the truth in specific cases where crimes against life, health, honor and dignity. In this article the difficulties with which forensic medical expert has faced during determining the degree of injuries under the criteria of "indelible disfigurement of face" and suggested ways to resolve the conflicts are analyzed. Objective. Analyzation of forensic and legal approaches to solve questions and to find ways to resolve conflicts. Conclusion. We are convinced that no specialist whether the forensic medical expert, an investigator or a judge can not single-handedly solve the problem of disfigurement of face, therefore consider it appropriate to solve the research question within the commission or a comprehensive forensic examination, a fundamental part of which is determined by the person that appointed it to the list of specialists who have the necessary aesthetic ideas to solve the issue on its merits. Order or decision of the representatives of the law enforcement bodies confirm the powers of the Commission within the issues to be addressed and, accordingly, take the possible claims, by the exit of members of the expert committee for the limits of its competence. Despite the fact that our opinion may not be absolutely perfect, this publication we invite experts of forensic experts and lawyers to fruitful discussions and address the issues raised.

scholarly journals THE ORDER OF PROCEEDING PROCEDURAL ACTIONS AT THE STAGE OF EXCITING A CRIMINAL CASE REQUIRES IMPROVEMENT

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 75-79
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V. Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Case ◽  
Forensic Examination ◽  
Legal Thinking ◽  
The Law

The article discusses some issues of imperfection of the criminal procedural legislation regulating the procedure for performing procedural actions at the stage of initiating a criminal case. The authors point out that in certain cases the imperfection of legislation does not affect law enforcement, and in others it creates uncertainty in legal thinking. The question of the possibility of carrying out such an investigative action as seizure at the stage of initiating a criminal case is being investigated, attention is drawn to the absence of the possibility, enshrined in the law, of issuing a decision on the appointment of a forensic examination at the stage of initiating a criminal case. It is proposed to introduce into the text of the law the conditions that determine the expediency of appointing a forensic examination at this stage

THE CONCEPT, ESSENCE, TYPES AND FORMS OF PROTECTION OF ENTREPRENEURSHIP

2021 ◽  
Author(s):  
Sergey Vasilievich Mudritsky ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Economic Conditions ◽  
The Law

The article deals with the development of entrepreneurship in the new economic conditions, analyzes and reveals the concept and essence of the protection of the rights of entrepreneurs, the legal aspects of forms and methods of protecting the rights of subjects of entrepreneurship, the methods of restoration functions of violated rights in the law enforcement legal relations.

scholarly journals Operational and Intelligence Activities of the Law Enforcement Agencies in the System of Ensuring National Security

2021 ◽  
Vol 108 ◽  
pp. 03017
Author(s):  
Alexander Ivanovich Melikhov ◽  
Gennady Svyatoslavovich Pratsko ◽  
Victoria Aleksandrovna Chistova ◽  
Olga Dmitrievna Tyutyunik ◽  
Olga Aleksandrovna Nenakhova
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Legal Aspects ◽  
Information Support ◽  
Scientific Development ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Stage Of Development ◽  
Human Need ◽  
The Law

The transition to the postmodern stage of development of Russian society, by the subsequent change of the system of civilizational values, required the scientific development of a new attitude to security as a basic human need with regard to changing the nature of traditional threats and interests and the emergence of completely new ones. The process of globalization being developed in the information age weakens traditional state institutions and requires a new look at national security not only as a category of foreign policy and military matters but also as an internal problem solved through operational and intelligence activities. The purpose of the study was to identify the current problems in the theory of national security by means of an analysis of scientific studies of the phenomenon of security in Russia; to consider security as a function and feature of the social system; to consider the Operational and intelligence activities of the law enforcement agencies as a mean for ensuring national security; to identify the conditions and factors of operational and intelligence activities that negatively affect the effectiveness of ensuring national security. In the course of the research, using computer indexing, about 1300 scientific, educational and methodological sources on national security and internal affairs issues have been processed and analyzed in the semantic, philosophical and legal aspects. The study examines modern theoretical and practical problems of ensuring national security as part of operational and intelligence activities of the law enforcement agencies. Operational and intelligence activities is considered in the national security system as a means of its information support, as well as as a tool for combating criminal, military and other threats. For the first time, considered are the conditions and factors of the operational and intelligence activities that negatively affect the effectiveness of ensuring national security.

scholarly journals Legal aspects of the concept of the image of the law enforcement system

2020 ◽  
pp. 144-148
Author(s):  
Maria Bargueva
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
The Core ◽  
The Law

The article deals with the problems of the concept of the image of the law enforcement system. The basis of this concept is the legal content. The core image of the law enforcement system is formed in the law. However, the very concept of the image of the law enforcement system cannot be fixed in the text of the law. It manifests itself in law through other concepts and constructions.

scholarly journals Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

2020 ◽  
Vol 1 (1) ◽  
pp. 179-185
Author(s):  
Ni Luh Made Dwi Pusparini ◽  
A. A. Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Government Regulation ◽  
Legal Protection ◽  
The State ◽  
Major Influence ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Law ◽  
Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

scholarly journals PENDEKATAN HOPendekatan Holistik – Ekologis sebagai Alternatif Penyelesaian Kasus Kebakaran Hutan dan Lahan di IndonesiaLISTIK – EKOLOGIS SEBAGAI ALTERNATIF PENYELESAIAN KASUS KEBAKARAN HUTAN DAN LAHAN DI INDONESIA

2019 ◽  
Vol 31 (1) ◽  
pp. 1
Author(s):  
Rio Christiawan
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
Holistic Approach ◽  
Legal Aspects ◽  
Ecological Perspective ◽  
Ecological Sustainability ◽  
Conventional Process ◽  
The Law ◽  
Strict Rule

AbstractIneffective performance of conventional law enforcement as a means of settlement for forest and land fire cases has been caused by the lack of proper knowledge of the law enforcers on legal aspects on forest and land fire cases and deviation in the conventional process at police and court level. As a consequence, not only the citizens become the sufferer, but this will also result in deviation in the law enforcement process.  This article compares the conventional law enforcement and the potential to adopt environmental law enforcement in forest and land fire cases using holistic approach - an ecological perspective which considers the law not only as a strict rule but also an integral part together with all of the elements which will enable law enforcement to put forward the aspects of ecological sustainability than others interests. IntisariTidak Optimalnya  penegakan hukum  secara konvensional sebagai bentuk penyelesaian terhadap kasus kebakaran hutan dan lahan disebabkan karena kurangnya pengetahuan para penegak hukum terkait tata cara penanganan aspek hukum kebakaran hutan dan lahan maupun terjadinya penyimpangan pada proses penegakan hukum konvensional baik di tingkat kepolisian hingga tingkat pengadilan. Akibatnya tidak saja warga negara yang dirugikan (suferer) tetapi juga tidak jelasnya proses penegakan hukum konvensional akan menyebabkan terjadinya penyimpangan dalam proses penegakan hukum. Artikel ini membahas mengenai perbandingan penegakan hukum secara konvensional dan kemungkinan penegakan hukum lingkungan dalam hal terjadinya kebakaran hutan dan lahan dengan menggunakan pendekatan holistik – ekologis yang memandang hukum bukan sebuah prosedur yang kaku tetapi hukum dipandang sebagai satu kesatuan yang utuh dengan segenap unsurnya sehingga penegakan hukum lebih mengedepankan aspek keberlanjutan ekologis daripada kepentingan lainnya.

scholarly journals MAHKAMAH SYAR’IYAH DAN WILAYATUL HISBAH SEBAGAI GARDA TERDEPAN DALAM PENEGAKAN QANUN JINAYAT DI ACEH

2020 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Legal Culture ◽  
Application Of Law ◽  
Sharia Law ◽  
Five Factors ◽  
The Creation ◽  
The Law ◽  
Measures Of Effectiveness ◽  
Laws And Regulations

Legal effectiveness is a process that aims so that the law can be effective. Synergize between what is in the rules of a number of rules for the creation, maintenance and maintenance of peace in social life. This situation can be reviewed on the basis of several measures of effectiveness. According to Soerjono Soekanto, the main problem in law enforcement is located in its own law (the prevailing laws and regulations), law enforcers, namely those who oversee the application of law, facilities or facilities that support the application of law, the community where the law is applied and legal culture in the community. These five factors are closely related due to the essence of law enforcement. The five factors are a benchmark of the effectiveness of the application of the law. In this article the author tries to describe the functions of the Sharia law enforcement institutions in Aceh, namely the Mahkamah Syar'iyah and Wilayatul Hisbah.

scholarly journals Law Enforcement Activities of the Criminal Executive Special Forces Associated with the Use of Coercive Measures

2021 ◽  
Vol 108 ◽  
pp. 03021
Author(s):  
Sergey Vladimirovich Ponikarov ◽  
Vladimir Anatolievich Ponikarov ◽  
Tatyana Nikolaevna Dazmarova ◽  
Andrey Vladimirovich Zverev ◽  
Vasily Nikolaevich Chorny
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Empirical Method ◽  
Scientific Result ◽  
Special Forces ◽  
Coercive Measures ◽  
Special Means ◽  
The Russian Federation ◽  
The Law ◽  
First Time

Research prerequisites: Insufficient scientific knowledge of this issue dictates the advisability of considering and studying this topic. For the first time, the article highlights the legal aspects associated with the use of methods of struggle, special means, and military weapons by employees of special-purpose units of the criminal-executive (penitentiary) system of Russia. The paper states that only for the commission of criminal offences, it is possible to use military weapons by special forces units of the Federal Penitentiary Service and special escorting divisions of the criminalexecutive system of the Russian Federation. Purpose of the research: to investigate the law enforcement activities of the penitentiary special forces associated with the use of coercive measures including for criminal offences. Methods: when considering the essence of coercive measures in the law enforcement activities of special-purpose units, the article used the dialectical method. To formulate the conditions for the correct (legal) use of weapons in law enforcement directly by employees of special-purpose units of the Russian penitentiary system, systematized methods were used. The empirical method was used when interviewing special forces officers in the investigated activities. Results and novelty: the scientific result of this article is the first formulated many components aimed at improving the measures of coercion. In particular, the grounds for the correct use of methods of struggle, special means, and military weapons are proposed. The article identifies situations (circumstances) associated with a real threat to the life and health of a special-purpose employee. The negative and positive aspects associated with the use of coercive measures are emphasized.

scholarly journals PENERAPAN MODAL SOSIAL DALAM PRAKTEK PERADILAN YANG BERBASIS KEPEKAAN SOSIAL

2018 ◽  
Vol 25 (2) ◽  
pp. 200
Author(s):  
Zaka Firma Aditya
Keyword(s):  
Social Capital ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Aspects ◽  
Legal Practice ◽  
Law Enforcement Officials ◽  
The Law ◽  
High Level

The judiciary is an institution that should reflect on justice sought by justice seekers. But the fact is different; justice becomes one of the institutions with a high level of public distrust. The actual social capital has been present and is present in the community but has not yet been functioned and used further, especially by law enforcement officers making law enforcement in Indonesia far from expectations. In fact, the concept of modern justice has been triggered at international meetings that not only prioritize formal legal aspects but also the intellectual, emotional and spiritual aspects of law enforcement as well as social capital. In an effort to bring about a legal state with progressive legal practice will greatly depend not only on good legislation but much more dependent on law enforcement officials as implementers of the law

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