scholarly journals Law enforcement policy: notion, content, purpose.

2017 ◽  
Vol 1 (3) ◽  
pp. 5-14
Author(s):  
Alexander Malko ◽  
Victor Rudkovsky
Keyword(s):  
Law Enforcement ◽  
Legal Regime ◽  
Basic Principles ◽  
Enforcement Policy ◽  
General Law ◽  
The Subject ◽  
Definition Of ◽  
Legal Subjects ◽  
Law Enforcement Management ◽  
Working Out

The subject of research is law enforcement policy as an integral part and form of the realizationof complex system phenomenon of legal policy.The purpose. The study of optimization of law enforcement policy as a vital task of legalscience and practice.The results and scope of it’s application. Law enforcement policy creates the strategy andtactics of law enforcement and significantly defines its social efficiency.The content of law enforcement policy is diverse. It comprises such questions as: definitionof main state priorities in the sphere of law realization; working out major goals and principlesof law enforcement activity; coordination and general law enforcement management;stimulation of scientific and other activities aimed at the improvement of forms and methodsof individual powerful actions; definition of scientifically proved criteria of its efficiency;provision of the legal regime in the country, the regime of exact abidance of the constitutionand other laws by all legal subjects; creation of necessary political and organizational guaranteesof realization of laws and personal freedom; working out basic principles of cooperationbetween state, society and person in sphere of law realization; development of legalcommunications, provision of transparency, availability of the information concerning thechanges made in law realization sphere, their goals, achieved results etc.Conclusions. Law enforcement policy is the field of interdisciplinary investigations. That iswhy both law theorists and representatives of specific juridical sciences should study it. Theenforcement policy is an important factor for the optimization of law enforcement and thepractice of realization of law in general.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals Arrangement and safe operation of auto-roads on a construction site

2020 ◽  
Vol 164 ◽  
pp. 08003
Author(s):  
Ivan Doroshin ◽  
Boris Zhadanovskiy ◽  
Ruben Kazaryan
Keyword(s):  
Construction Materials ◽  
Great Influence ◽  
Construction Site ◽  
Railway Transport ◽  
Safe Operation ◽  
Construction Operations ◽  
Basic Principles ◽  
The Subject ◽  
Data Investigation ◽  
Working Out

Traditional and innovative ways of constructing temporary roads at a construction site are considered. The basic principles of the preparation of construction operations are given, which should be taken into account at this stage. Particular attention is paid to the preparation of the construction of the facility and preparation for the construction and installation works. The organization of designing construction roads, temporary and permanent, is considered. Methods for determining the parameters of construction roads are described. The main technical indicators of construction roads are given. Dangerous areas of the roads are indicated. The main purpose of the research is to generalize and systematize the modern ways of arrangement and operation of auto-roads on a construction site. For carrying out of the study the methodical and scientific literature on the subject was analyzed, and also the statistic methods of data investigation were used. The main results of the research is the accomplishment of estimation of expenses on arrangement of auto-roads, the indication of order of working out of design of the auto-roads, also the indication of necessity of use of permanent roads as temporary. The design of temporary and permanent construction roads is very important because of their greater use in comparison with railway transport and a great influence on the supply of construction materials.

scholarly journals THEORETICAL BASES OF EXPERT PREVENTION: CONCEPT AND TASKS

2019 ◽  
Vol 20 (2) ◽  
pp. 151-162
Author(s):  
N. Filipenko ◽  
O. Uhrovetskyi ◽  
O. Sharapova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Important Place ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Conceptual Foundations ◽  
The Relationship

The article analyzes conceptual foundations, views and ideas concerning the essence of expert prevention. The relationship between the concepts of «prevention» and «prevention», which is in contact with each other, is investigated, because one of the main problems of the criminal investigation of the phenomenon of expert prevention is the ambiguity of both scientific understanding and the practical application of the corresponding conceptual-categorical apparatus. It is emphasized that the essence of expert prevention is the influence of the relevant subjects on crime through the use of special professional knowledge. That is, to the subject of forensic examination, should include studies of circumstances on the basis of which can be and should be developed scientific, organizational and technical measures of preventive nature. Proven that among the tasks of preventive nature, which can be solved by the staff of judicial-expert institutions, the development of aimed at forecasting in criminalistic aspects of circumstances contributing to the commission of crimes, taking into account the possibilities of certain types of expert research, should occupy an important place. It is proved that the preventive activities of forensic institutions of Ukraine should be carried out: in the production of examinations in specific criminal, administrative or civil cases; by summarizing expert, as well as forensic investigative practices; in the process of research on expert prevention; by providing on the basis of special knowledge of scientific and practical assistance to government agencies and public organizations in identifying circumstances conducive to the commission of crimes. In order to improve the quality of expert-preventive activities, the staff of the forensic institutions of Ukraine should pay maximum attention to the promotion of preventive activities among representatives of law enforcement and law enforcement agencies. On the basis of the analysis, the author’s definition of expert prevention is given: the activity of a forensic expert based on the laws and by-laws of normative legal acts, aimed at revealing the circumstances contributing to the commission of a crime, and the development of measures for their elimination with the use of special knowledge.

scholarly journals Legal discretion in criminal law: general theoretic and branch-wise aspects

2021 ◽  
Vol 108 ◽  
pp. 02015
Author(s):  
Aleksandr Aleksandrovich Nikitin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Integrated Approach ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
General Law ◽  
General Scientific ◽  
Adequate Evaluation ◽  
The Subject ◽  
Law Making

Pre-requisites: legal discretion in criminal law just as in other branches has only partially been a subject matter of legal analysis. Predominantly, a law-enforcement type of discretion was studied, which is implemented by law-enforcement authorities during criminal prosecution. However, modern surveys in the field of law theory consider discretion as a general law phenomenon including law-enforcement, law-making, and law-interpretation aspects. This suggests the need to study legal discretion in criminal law from new points of view. Moreover, one should also take into account a dual-aspect nature of legal discretion, e.g., a combination of characteristics of the subject implementing discretion and law-regulated relations where this takes place. The research objective is to define an opportunity of affecting subjects implementing individual types of legal discretion (law-enforcement, law-making, and law-interpretation) intended for optimization of the discretion level in criminal law. Methods: a combination of common, general scientific, specific scientific, and specific legal methods. First of all, the paper uses a systemic and functional approach. Results. Legal discretion in legal law is represented by law-enforcement, law-making, and law-interpretation discretion of respective subjects. These types of discretion are interdependent and indissolubly related. Currently, an integrated approach to studying these types of discretions in legal law is poorly discussed in literature. Meanwhile, only this approach allows for a systematic study of legal discretion limits (in general and for individual types) and for adequate evaluation of their efficiency in criminal law.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

Preliminary agreement in the purchase and sale’s obligations of real estate

2020 ◽  
pp. 197-205
Author(s):  
Tatyana Bogdanova ◽  
Elena Selezneva
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Opposite Case ◽  
Condi Tions ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Joint Property ◽  
Property Regime

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.

Part III The Current International Law of State Immunity, 10 The Definition of the Foreign State

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
International Law ◽  
Internal Structure ◽  
The State ◽  
Legal Person ◽  
State Immunity ◽  
General Law ◽  
Foreign State ◽  
The Subject ◽  
Definition Of ◽  
Domestic Law

This chapter sets out definition of the State to which the rule of immunity applies, which is an important element in the operation of the rules and UNCSI's treatment of this subject. In conjunction with this, the chapter discusses two (of three) aspects of the State within the context of State immunity: the external attributes of the State as a legal person by reference to international law; and the internal attributes of the State, as determined by its constitutional and domestic law, which make up its internal structure comprising its organs, departments, agencies, and representatives. Both the external and internal attributes of statehood are also the subject of the general law relating to the State as a subject of international law.

scholarly journals Case-based method of training in the formation of universal competencies of students in educational organizations of the system of the Ministry of Internal Affairs of Russia

2019 ◽  
Vol 2019 (3) ◽  
pp. 188-196
Author(s):  
Людмила Кузнецова ◽  
Lyudmila Kuznetsova ◽  
Людмила Осинцева ◽  
Lyudmila Osintseva
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Educational Process ◽  
Educational Institutions ◽  
Case Method ◽  
Educational Organizations ◽  
The Subject ◽  
Basic Concepts ◽  
Internal Affairs ◽  
Definition Of

The article is devoted to the formation of universal competences of students in educational institutions of the system of the Ministry of Internal Affairs of Russia using the case-method of teaching. The authors have identified the main synonymous contradictions in the definition of the concept of “universal competence”. The main problems that lie in the choice of means and methods of development and the formation of universal competencies of students are highlighted. The subject of the study was determined the process of formation of universal competencies of students. The basic concepts of the competence approach are considered. It shows what universal competences should be formed in the framework of GEF3 ++ by a specialist in the specialty law enforcement. Disclosed the concept of educational technology, as well as the essence of the case-method of teaching. It schematically shows what the technological stages of the case-method of teaching consist of. An example of one of the mini-projects, which is aimed at the formation of universal competencies of students. Table 1 showed the stages of formation of universal competencies among students, and Table 2 showed the formation of universal competencies of students in a class on the basics of special ATS equipment. As a result of the study, it can be concluded that, in general, the case method allows to improve the educational process, involve students in the process of live communication, instill autonomy for searching, analyzing, extracting and evaluating information, which contributes to the process of developing universal competences of future police officers. In this paper, the following methods were applied: comparative analysis, case-method of teaching.

CONCEPTUAL PRINCIPLES OF ADMINISTRATIVE PROCEDURES FOR THE FORMATION OF THE STATE DEFENSE ORDER

2018 ◽  
Author(s):  
Vladyslav Povydysh ◽  
Keyword(s):  
The State ◽  
Scientific Development ◽  
Legal Regime ◽  
Normal Functioning ◽  
Basic Principles ◽  
Defense Procurement ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Definition Of ◽  
State Defense

The author proposed his own definition of the legal regime of relations in the field of formation of the state defense order. At the same time, based on modern doctrinal views on the assessment of the purpose of the basic structures of defense procurement, which are determined by the specifics of these relations, attention is focused on the need for administrative and legal influence on them, but within strictly limited limits. Analyzing a number of legislative acts, doctrinal achievements of leading scientists, making their own author's interpretation of some phenomena, the author found that the current legislation of Ukraine is insufficiently filled with sectoral rules of administrative procedure for forming the state defense order, as evidenced by the lack of procedures defense procurement. In addition, the legislation does not define certain administrative barriers to the procedures, which puts the state customers in a priority position before the general executor, which is a negative factor given the "service" orientation of Ukraine's development. The author found insufficient scientific development in terms of understanding, interpretation and explanation of the concept of "administrative procedure". A complete and extensive understanding of this area was provided, and the author's understanding of the administrative procedure was provided. An explanation of the administrative procedure for forming a defense order is also provided. In addition, the conceptual principles of the administrative procedure of defense order formation were studied, the zones of their interaction and interdependence were established, each of the basic principles was explained and their implementation incomplete to date in Ukraine was proved. In addition, the author found that the legislator rarely manages to ensure the optimal combination of multidisciplinary norms. As a result, there are such negative trends as ineffective regulation, the formation of destructive legal mechanisms that hinder the normal functioning of legal relations. These trends are fully inherent in the sphere of state defense procurement.

Legal Regime of Personal Data

10.12737/6584 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0
Author(s):  
Людмила Терещенко ◽  
Lyudmila Tyeryeyenko ◽  
Олег Тиунов ◽  
Olyeg Tiunov
Keyword(s):  
Personal Data ◽  
Private Life ◽  
Legal Regime ◽  
European Court ◽  
Family Secret ◽  
Data Definition ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
The Given

The personal data is carried to a category of the confidential information, the interdiction for gathering, storage, use and distribution of the information on private life is established, and is equal to the information breaking personal secret, family secret, secret of correspondence, telephone negotiations, post, cable and other messages of the physical person without its consent, except as on the basis of the judgement. Article is devoted the analysis of bases of a legal regime of the personal data, problems of application of the legislation on the personal data, definition of tendencies in development of the legislation on the personal data, including the right of a response the subject of the personal data of the consent to their processing, to search of balance of interests of the subject of the personal data and societies. In article judiciary practice, including decisions of the European Court under Human Rights in the given sphere also is analyzed. Presence of different lines of thought in the decision of the affairs connected with granting of the personal data is shown.

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