scholarly journals The criminal policy of the state in the formation of the criminal pro-ceedings measures of protection of rights and interests of citizens

Author(s):  
I. N. Kondrat

The author examines the influence of criminal policy on the formation of criminal proceedings measures of protection or rights and interests of citizens in the fight against crime. The leading role of criminal policy in the formation and imple-menting of the criminal proceedings policy is shown in the article. On the basis of the juridical content of the lawful politics the author is coming to the conclusion that one can judge about the content of the criminal proceedings policy of the state using the legislatively formulated principles of criminal proceedings. Such policy shows the attitude of the state power to the fight against criminal violations of the interests of individual, society and state, to the proceedings methods and measures of such fight and also to the guarantees against unfounded prosecution and conviction of citizens. First of all the implementation of the criminal proceedings policy depends on the level of the lawful awareness of the law enforcement recipients.

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.


2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.


Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 


Author(s):  
Ulmas Sharipov ◽  

The purpose of writing this article is to show that in practice the law enforcement agencies conducting pre-trial investigation and preliminary investigation do not strictly follow the detention procedure established by the Code of Criminal Procedure, although the grounds for detaining detainees are not sufficient. by deciding to detain the accused and allegedly facilitating the preliminary investigation through this "method", ie the violation of the rights and interests of the suspects and accused persons involved in the criminal proceedings as a result of the discovery of the crime and the use of suspects as a means of proving guilt being put. The main purpose of writing this article is to prevent these cases and to amend the legislation.


to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 607
Author(s):  
L. Elly AM Pandiangan

Abstract The Violence in Family often too difficult to detect and the public paradigm still assume that stuff is internal affairs of the families concerned, the presence of Laws number 23 years 2004 about the elimination of the violence at home, is expected to provide protection for the citizen of the state from the unconfortable sense and as forms of the violence however number of the violence at home in everyday instantly increase. As the Writer will explore how does the role of Laws number 23 years 2004 about exlusion of the violence at home in giving guarantee protections for the citizen of the state especially for them which is a victims of the violence that happened at home. By the question which focused on: Whether it has enough to protect the citizen of the state that being a victim of violence a Home?, and How should be done for decreasing of the number violence case at home that happened in Indonesia? The conclusion that founded by the writer that is principle Laws number 23 years 2004 about removal of the Violence at Home has been enough to provide the protection to the victims and the elementary to the law enforcement. But in its implementation must be done in a way of comprehence and sistematic, not only with the country through the tools of its power and also with the public that supporting the deletion of the violence at Home.   Keywords: Perlindungan hukum dari kekerasan dalam rumah tangga


2020 ◽  
Author(s):  
Vladimir Duyunov ◽  
Ruslan Zakomoldin

The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.


Author(s):  
Grygorii Usatyi

The article is devoted to the issues of organizational and legal support of the mechanism of counteraction to modern crime in the conditions of a significant deterioration of the criminal situation in the state; t examines the conceptual foundations and problems of the mechanism of combating crime and domestic criminal policy; the place and role of counteraction to crime in the state mechanism, its external and internal contours are reconsidered, insufficient elaboration of the corresponding doctrinal (theoretical) provisions is recognized; emphasis is placed on gaps in relevant legislation and inadequate regulatory support of law enforcement agencies (in particular, the lack of legal instruments on issues of anti-crime strategy, forensic examination, etc.Based on the study of the positive experience of the scientific community and the practice of law enforcement, proposals have been formulated in the relevant areas for improving the crime prevention system, increasing the effectiveness of law enforcement agencies in the fight against the shadow economy, organized crime (and its individual manifestations), and an attempt has been made to optimize the modeling of the law enforcement system in the perspective preventive activities in the context of the implementation of the criminological policy of the state, determination of the strategy and tactics of combating crime. Key words:crime, criminal law policy, crime prevention, crime prevention mechanism.


Legal Ukraine ◽  
2020 ◽  
pp. 6-13
Author(s):  
Grigoriy Usaty

The article is devoted to the issues of organizational and legal support of the mechanism of counteraction to modern crime in the conditions of a significant deterioration of the criminal situation in the state; t examines the conceptual foundations and problems of the mechanism of combating crime and domestic criminal policy; the place and role of counteraction to crime in the state mechanism, its external and internal contours are reconsidered, insufficient elaboration of the corresponding doctrinal (theoretical) provisions is recognized; emphasis is placed on gaps in relevant legislation and inadequate regulatory support of law enforcement agencies (in particular, the lack of legal instruments on issues of anti-crime strategy, forensic examination, etc.Based on the study of the positive experience of the scientific community and the practice of law enforcement, proposals have been formulated in the relevant areas for improving the crime prevention system, increasing the effectiveness of law enforcement agencies in the fight against the shadow economy, organized crime (and its individual manifestations), and an attempt has been made to optimize the modeling of the law enforcement system in the perspective preventive activities in the context of the implementation of the criminological policy of the state, determination of the strategy and tactics of combating crime. Key words: crime, criminal law policy, crime prevention, crime prevention mechanism.


2021 ◽  
Vol 02 (05) ◽  
pp. 9-13
Author(s):  
Intizor Turdimatovna Mamazhonova ◽  

Among the law enforcement agencies of our country, the state notary is of great importance. Notarial actions effectively ensure the protection and protection of indisputable rights and interests in the event that these actions are performed in accordance with the rules established in advance by law. Documents drawn up abroad with the participation of officials of the competent authorities of other states or outgoing from them are accepted by a notary, subject to their legalization by the body of the Ministry of Foreign Affairs of the Republic of Uzbekistan. Without legalization, such documents are accepted by the notary in cases where it is provided for by the legislation and international treaties of the Republic of Uzbekistan.


2020 ◽  
Vol 2 (2) ◽  
pp. 195
Author(s):  
Maulana Hasanudin

<p>The purpose of this paper is to determine the role of the judge in facing the development of society. Judges are part of the important structure of the judicial power branch in Indonesia. Judicial power is an independent power to administer justice in order to uphold law and justice. Judges are given the power to judge. Judges have an important role as law enforcement officers in the law enforcement process in Indonesia, so they must pay attention to legal objectives. The role of the judge has consequences for the responsibility of the judge which is very heavy, where the judge has responsibility to one God, to the nation and state, to himself, to the law, to the parties and to society. Judges and society are elements that cannot be separated in a legal system. The judge is a product of the society and culture where he comes from and is. The function of the judiciary is to decide disputes between individuals and individuals, individuals and communities, even individuals or society and the state; forming or making a policy or policy.</p><p align="center">[]</p><p><em>Tujuan penulisan ini adalah mengetahui peranan peranan hakim dalam menghadapi perkembangan masyarakat. Hakim merupakan bagian dari struktur penting cabang kekuasaan kehakiman di Indonesia. Kekuasaan Kehakiman merupakan kekuasaan yang merdeka untuk menyelenggarakan peradilan guna menegakkan hukum dan keadilan. Hakim diberi wewenang untuk mengadili. Hakim memiliki peranan penting sebagai aparat penegak hukum dalam proses penegakan hukum di Indonesia, sehingga harus memperhatikan tujuan hukum. Peranan hakim memiliki konsekuensi terhadap pertanggungjawaban hakim yang sangat berat, dimana hakim memiliki tanggung jawab terhadap tuhan yang maha esa, terhadap bangsa dan negara, terhadap diri sendiri, terhadap hukum, terhadap para pihak dan terhadap mayarakat. Hakim dan masyarakat merupakan unsur yang tidak bisa dilepaskan dalam suatu sistem hukum. Hakim sebagai produk masyarakat dan budaya tempat dia berasal dan berada. Fungsi kehakiman adalah memutus sengketa antara individu dengan individu, individu dengan masyarakat, bahkan individu atau masyarakat dengan negara; membentuk atau membuat policy atau kebijakan.</em></p>


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