scholarly journals The methodology of law enforcement policy

2018 ◽  
Vol 2 (4) ◽  
pp. 5-15
Author(s):  
M. Kleymenov ◽  
D. Erokhin
Keyword(s):  
Law Enforcement ◽  
Systematic Approach ◽  
General Strategy ◽  
Legal Regulations ◽  
Level System ◽  
Crucial Point ◽  
Enforcement Policy ◽  
The Subject ◽  
The Law ◽  
Legal Methodology

The subject of the paper is methodology of law enforcement policy, elements and relevance for law enforcement activity.The main aim of the paper is to confirm or disprove the hypothesis that methodology of law enforcement policy is a system of intellective elements and a part of the higher level system of law enforcement policy simultaneously.The description of methodology. The methodological basis of research is systematic approach. Authors analyze the methodology of law enforcement policy as a combination of elements influencing on each other. The dialectic and formal-legal methodology is also used when the authors analyze trends in judicial practice.The main results and scope of their application. Law enforcement policy is a state strategy that defines the main directions, methods and means of implementation of legal regulations. From the standpoint of a systematic approach, law enforcement policy is a system of managerial type that consists of three elements: subject, object and means (methods). The methodology of law enforcement is a system of interacting elements, such as: modeling the main directions of the implementation of the law; specification of the general strategy for the implementation of legal regulations; identifying trends in law enforcement; correction of law enforcement practices; scientific and methodological support of law enforcement policy. The authors analyze each of the listed elements of the law enforcement policy, pointing out their role in improving the practice of law enforcement. The proposed analysis may become a crucial point for research in the field of law enforcement methodology. The results of research may be used as the basis of correction of methodology of law enforcement practice.

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

Cybercrime Investigation

2017 ◽  
pp. 96-120
Author(s):  
Sujitha S. ◽  
Parkavi R.
Keyword(s):  
Law Enforcement ◽  
Cyber Security ◽  
Security And Privacy ◽  
Malware Analysis ◽  
Cyber Crime ◽  
Ddos Attacks ◽  
Enforcement Policy ◽  
Control Devices ◽  
The Law

This book chapter will be an introduction to hacking, DDOS attacks and Malware Analysis. This chapter will also describe about the cyber-crime against properties and Persons and will give a detailed description about the cyber security and privacy. This chapter will deal with the cyber-crime investigations, law enforcement policy and procedures. This chapter will also describe about the peer supporting programs for the law enforcement authorities and a detailed description about the control devices and techniques that are used by an officer. This chapter will give an opportunity to know about the evidence collecting procedures in cyber-crime and also the barriers to cybercrime investigations.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

scholarly journals Some challenges in developing and implementing comprehensive crime-fighting programmes

2019 ◽  
pp. 187-191
Author(s):  
Oleg Morozov ◽  
Oleg Korelov
Keyword(s):  
Law Enforcement ◽  
Systematic Approach ◽  
Current State ◽  
The Law ◽  
Internal Affairs ◽  
Social Management ◽  
Law Enforcement Management

On the basis of a systematic approach, the general problems of using the law enforcement management of the bodies of internal Affairs software method are addressed. The current state of programming is considered; in the network of general patterns of social management the main areas of improvement of this work are proposed.

scholarly journals Use and Application of Firearms by the Police in the Light of Human Rights Standards in Poland

2020 ◽  
pp. 363-378
Author(s):  
Włodzimierz Fehler
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Statistical Data ◽  
Legal Regulations ◽  
Legal Analysis ◽  
Law Enforcement Officials ◽  
The Subject ◽  
Human Rights Standards ◽  
General Frames ◽  
Descriptive Method

The article is devoted to the assessment of the rules, possibilities and manners of using and applying firearms by the Police in terms of compliance with human rights. The first part of the study contains analyses focusing on general frames for the use and application of firearms and circumstances giving premises for the use or application of these arms. In the next section, the discussion covers the conduct of law enforcement officials preceding the use of firearms and refers to the question of the so-called special use of firearms. The content of the final part of the article covers mechanisms preventing abuse regarding the use and application of firearms and procedures for situations of breaching legal regulations for the use of such arms. The article closes with the summary where, based on the analyses of existing solutions and available statistical data, a conclusion is made that the Police exercise proper caution so as to ensure the observance of human rights in relation to holding legislative power to use and apply firearms. The key methods applied while preparing this article were the legal analysis and the institutional analysis. In the alternative, a descriptive method with the application of the critical analysis of the literature on the subject was also employed.

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 THE SUBJECT AREA OF INFORMATIZATION OF COURT DECISIONS

2021 ◽  
pp. 462-487
Author(s):  
S. B. Polyakov ◽  
◽  
I. A. Gilev ◽  
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Object Oriented ◽  
Law Enforcement Officers ◽  
Subject Area ◽  
Object Oriented Programming ◽  
Court Decisions ◽  
Legal Method ◽  
The Subject ◽  
The Law

Introduction: we have created an information technology support program, named ‘LaserIP-GPK-2020’, designed to provide assistance in making reasoned court decisions according to the rules of the Civil Procedure Code of the Russian Federation in ordinary proceedings. With the help of this program, we demonstrate in the paper the complexity of the law enforcement process for a person and the assistance that software can provide to overcome this complexity. The paper shows the subject area of the information system created by us, outlines the ways of further enhancement of software intended to facilitate law enforcement, and challenges the myths about the robot judge. Purpose: to determine the possible types of software to be developed in accordance with the types of law enforcement operations, provided that the discretion function remains with law enforcement officers; to determine the directions of the formalization of law enforcement operations and the possibilities of gradual transfer of some of them to artificial intelligence. Methods: the universal dialectical-materialistic method, employed when converting the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process, the formal-legal method – for converting the requirements of law and legal science to law enforcement into software commands for the judge and the parties to the case; the object-oriented approach to modeling; the object-oriented programming methodology, a relational approach to database design. Results: the ‘Laser-IPGPK-2020’ computer program contains a sequence of law enforcement operations and rules for their execution, the multiplicity and complexity of which exceeds the capabilities of most law enforcement officers. This program is designed to prevent law enforcement errors resulting from the limited human capabilities with regard to retaining knowledge of the multitude of rules of law enforcement operations, and to obviate the expenditure of time required for each individual judge to solely produce a reasoned decision in a case. Conclusion: the selection and development of particular IT solutions to be applied in law enforcement practice when solving legal cases are determined by the analysis of the law enforcement process, which is the subject area of the program.

scholarly journals NOVELS OF CRIMINAL LEGISLATION IN THE CONDITIONS OF PANDEMIA

2020 ◽  
Vol 30 (4) ◽  
pp. 541-553
Author(s):  
A.A. Shutova ◽  
M.A. Efremova ◽  
A.A. Nikiforova
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Well Being ◽  
Main Research ◽  
General Scientific ◽  
The Subject ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation

The relevance of the chosen topic is caused by changes in the current Russian administrative and criminal legislation in connection with the spread of a new coronavirus infection. Based on specific examples, the authors confirm that, in various constituent entities of the Russian Federation, a diverse practice of the application of such norms is emerging, which leads to the lack of a uniform application of the law. The subject of the study is legislative, doctrinal, interpretative provisions, as well as judicial investigative practice, reflecting the specifics of applying the law in the field of protecting citizens from the threat of the spread of infectious diseases. The purpose of the study is to analyze legislative novels and develop scientifically sound provisions to improve existing legislation and law enforcement practices in the field of counteracting encroachments in the field of sanitary and epidemiological welfare of the population. The main research method is the dialectical-materialistic method of cognition, which allows you to objectively and comprehensively consider the problems of legal assessment of offenses in the field of ensuring the sanitary and epidemiological well-being of the population. Along with it, general scientific research methods were used: analysis, synthesis, deduction, induction, abstraction; special research methods were used: formal legal, interviewing. The work provides a detailed critical analysis of the composition of administrative offenses and crimes in the field of sanitary and epidemiological welfare of the population, explores the most important issues for law enforcement. In addition, the authors propose measures to improve legislation in this area. The criminological risks of introducing a system of immune passports are studied. The scientific novelty of the study is evidenced by the main conclusions and conclusions reached by the authors, containing recommendations for improving legislation in this area and the practice of its application. The independence of the conclusions made is confirmed by a comprehensive approach to the study of new norms of the current administrative and criminal legislation, as well as materials of judicial investigative practice.

scholarly journals TOLAK UKUR PENILAIAN PENGGUNAAN DISKRESI OLEH POLISI DALAM PENEGAKAN HUKUM PIDANA

2012 ◽  
Vol 1 (1) ◽  
pp. 147
Author(s):  
Abbas Said
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Public Interest ◽  
Legal Interpretation ◽  
Police Discretion ◽  
Criminal Process ◽  
Enforcement Policy ◽  
Common Interests ◽  
The Law

Basically, the law works by providing boundaries. In the context of law enforcement by the police, the constraints in the form of control over the police in freedom Protect the order or stop crime. But there is a different reality when police faced with a reality in which the law could not answer the problem. In this position the use of discretion by police do legal interpretation as a bridge between the law with social objectives. The question that arises then is used is not appropriate discretion and not in accordance with the purposes of the law itself. The benchmark police discretion based on common interests or the interests of society at the level of practice is still very abstract to be applied in the implementation of police discretion related to criminal law enforcement policy. Because the benchmark Criteria or public interest in the use of police discretion are still abstract, causing authorities use discretion in some cases criminal process misapplied. Keywords: Discretion, Police

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