scholarly journals Valsts kases kontos ilgstoši uzglabāti naudas atlikumi izbeigtajos kriminālprocesos

2020 ◽  
Vol 2 (17) ◽  
pp. 51-59
Author(s):  
Austris Siliņš
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
The State ◽  
Problem Situation ◽  
Security Measures ◽  
Criminal Proceedings ◽  
State Budget ◽  
Security Measure ◽  
Long Time ◽  
Unified Process

Latvijā pēc kriminālprocesu izbeigšanas tiesībsargājošo iestāžu deponēto līdzekļu kontos tiek ilgstoši uzglabāti naudas atlikumi, kurus tiesiskā regulējuma dēļ nav iespējams novirzīt paredzētajam mērķim, proti, atdot naudas devējam vai ieskaitīt šos naudas līdzekļus valsts budžetā. Kā viens no drošības līdzekļu veidiem kriminālprocesā tiek piemērota drošības nauda. Drošības nauda tiek izraudzīta arī likumā minētajos gadījumos, kad lemj par apcietinājuma piemērošanu. Kriminālprocesa laikā izņemto naudu un drošības naudu ieskaita tiesībsargājošo iestāžu deponēto līdzekļu kontos. Tiesībsargājošās iestādes, kurām izveidoti šādi konti, atbilstoši procesa virzītāja nolēmumiem veic kontā iemaksātās kriminālprocesā izņemtās naudas un drošības naudas atmaksu vai iemaksu valsts budžetā. Nosakot konkrētas darbības, kas jāveic ar naudu, kas atrodas deponēto līdzekļu kontos, likumdevējs nav paredzējis vienotu procesu, kā nauda atdodama. Problēmsituācija rodas arī tādēļ, ka ne vienmēr ir iespējams naudu atdot tās devējam. Rakstā tiek pētīts tiesiskais regulējums, kādas ir iestādes tiesības rīkoties ar šo naudu, un sniegti priekšlikumi normatīvā regulējuma pilnveidošanai, lai šo situāciju uzlabotu un deponēto līdzekļu kontos ilgstoši neglabātos naudas atlikumi. In Latvia, cash balances are stored for a long time in institutions deposited funds accounts, in terminated criminal proceedings, which within the legal framework cannot be directed to the intended purpose, namely, to return the money to the lender or transfer it to the state budget. As one of the types of security measures, a security deposit is applicable in criminal proceedings. The security deposit is also selected in the cases referred to in the law, when it is decided on the application of a security measure – detention. Money withdrawn in criminal proceedings and security money shall be credited to the accounts of funds deposited by law enforcement authorities. Law enforcement authorities to which such accounts have been established shall, in accordance with the decisions of the person conducting the proceedings, reimburse the withdrawn money and security deposit paid into the account or deposit it into the state budget. When determining specific actions to be performed with money held in deposited funds accounts, the legislator has not provided for a unified process by how money shall be returned, as well as a problem situation arises because it is not always practically possible to return money to the lender. The article will study the legal framework how the institution is entitled to dispose of this money, and provide proposals for improving the regulatory framework to improve the current situation, as a result, funds would not be stored in the deposited funds accounts for a long time.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

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.

AMENDMENT OF ARTICLE 209 OF THE PENAL CODE - LEGAL AND PRACTICAL ASPECTS

2019 ◽  
Vol 135 (3) ◽  
pp. 244-256
Author(s):  
Izabela Olek
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Penal Code ◽  
State Budget ◽  
Diffi Cult ◽  
Court Orders ◽  
New Institutions ◽  
Child Maintenance

This article considers the legal and practical aspects of the amendment to Article 209 of the Penal Code, which provides for liability for evading maintenance obligations, determined by the number of court orders, settlements and other agreements. The necessity to change the regulations was justifi ed by the low recoverability of maintenance arrears and the relatively small number of indictments made against the perpetrators of these acts. The crime of not paying child maintenance is socially burdensome and generates signifi cant expenses from the state budget. The legislator, justifying the draft law, considered that its amendment would temporarily increase the burden of law enforcement, but the author cites arguments that this increase will be permanent and will affect not only the prosecutor’s offi ce and the police, but also other institutions which will be required to report information about the offender. However, for over a year after the introduction of the amendment, the authorities conducting preparatory proceedings have been overburdened. In addition, imprecise regulations make it diffi cult to interpret them and put them into practice. The study also addresses the issues of new institutions enabling the perpetrator to avoid liability for the act committed in connection with the payment of all maintenance arrears and the current penalties, as well as the signs of both the basic and qualifi ed types of the crime.

scholarly journals A STUDY OF THE EVOLUTION OF THE FORMATION AND DEVELOPMENT OF GOVERNMENT PROCUREMENT IN UKRAINE

2021 ◽  
Vol 1 (36) ◽  
pp. 369-379
Author(s):  
A. Zhuk
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Government Procurement ◽  
State Regulation ◽  
The State ◽  
Public Expenditures ◽  
Negative Effects ◽  
State Budget ◽  
State Regulator ◽  
Effective Development

The paper studies the historical and legal background of the formation and development of government procurement in Ukraine. It analyzes the essence and significance of public procurement for the effective development of budgetary enterprises, institutions and organizations in different historical periods. It has been established that public procurement took various forms long before the independence of Ukraine. State orders are considered in the context of the broader problem of state regulation of the economy, namely one of the most serious and ambiguous economic problems is the rational interaction of the state and the market system in the process of public procurement. It is substantiated that a full-fledged national economy largely depends on how transparent and economically justified public expenditures on the maintenance of institutions financed from the state budget. Detected that one of the most promising ways to implement the concept of rational and efficient use of budget funds is the widespread introduction of a single structured system in the procurement of goods, works and services for public needs, based on competition, transparency, non-discrimination and decentralization. The paper reviews specifics of legislative regulation of public procurement in the relevant periods. The stage of transition of the system of centralized production planning, distribution of material and technical resources, the function of the state order as an absolute state regulator in the production of products and services to the means of meeting the needs of material resources, products, works and services of consumers supported by the state budget. It identifies the main differences in the approaches to understanding the essence of public procurement. The paper provides a detailed description of the influence of factors and circumstances on the development of the legal framework of public procurement. It determines and substantiates government procurement development periods. The paper analyzes the negative effects of omissions and non-finalization of the legal framework of each respective period. It studies the methods of and reasons for changing the terminology in the formation of the conceptual apparatus of the modern legal framework. Conclusions on changes, additions and adjustments to the legal framework of public procurement are provided. The paper assesses the main differences between the adopted public procurement laws.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

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. 

scholarly journals Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects

2020 ◽  
Vol 79 (4) ◽  
pp. 73-78
Author(s):  
Т. П. Матюшкова
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Institutions ◽  
Judicial Practice ◽  
Scientific Principles ◽  
Special Knowledge ◽  
Further Development

One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine. Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice. The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.

scholarly journals The Organization of Criminal Proceedings During a Pandemic when the State of Emergency Has Not Been Declared (Using the Example of COVID-19 Pandemic)

2021 ◽  
Vol 15 (2) ◽  
pp. 248-260
Author(s):  
Michael Menzhega ◽  
Marina Sawelewa ◽  
Aleksandr Smuskin
Keyword(s):  
Law Enforcement ◽  
Information And Communication Technologies ◽  
Emergency Situation ◽  
The State ◽  
Personal Contact ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
State Of Emergency ◽  
Information And Communication ◽  
The Government

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.

scholarly journals THE INSTITUTIONAL COMPETENCE OF THE BORDER CONTROL OF THE AIRSPACE OF LATVIA

2013 ◽  
Vol 1 (5) ◽  
pp. 84
Author(s):  
Artūrs Gaveika
Keyword(s):  
Law Enforcement ◽  
Armed Forces ◽  
Legal Framework ◽  
The State ◽  
Border Control ◽  
Available Resources

This paper reflects the problematic issues regarding the legal framework of Latvian airspace border control. Currently the legal framework in relation to airspace border control in Latvia is rather confusing and incomplete since there is no specific division between responsibilities of certain authorities and compliance to international airspace regulations as well as the competence of the NATO in the control of national airspace regime. Therefore it is essential to evaluate the functions and available resources of the State Border Guard as a law enforcement institution within the context of Border Guard law regarding the responsibility of the State Border Guard together with National Armed Forces in prevention and repelling of attacks on the airspace of the territory of Latvia.

scholarly journals Properties of constitutional principles

2021 ◽  
Vol 5 (3) ◽  
pp. 126-136
Author(s):  
S. A. Mosin
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Basic Rule ◽  
Constitutional Principle ◽  
The Law ◽  
Theory Of Law ◽  
The Stability ◽  
The Trinity

The subject. The article is devoted to the study of the trinity of properties of constitutional principles.The purpose of the article is to confirm the hypothesis that constitutional principles, often perceived by researchers and law enforcement officials as abstract norms with declarative content, are in fact full-fledged legal institutions that are endowed with all the necessary properties to achieve constitutional goals. In this regard, the article analyzes the property of axiomaticity, the property of presumptivity and the property of fictitiousness of constitutional principles.The methodology. The systemic-structural, comparative, formal-legal and formal-logical methods made it possible to identify and characterize the properties of constitutional principles, such as axiomaticity, presumptivity and fictitiousness. The use of these methods in their combination predetermined the appeal not only to topical problems of constitutional law, but also to issues of the theory of law, as well as other branches of law, which made it possible to most objectively and comprehensively approach the study of the properties of constitutional principles.The main results of the research. The trinity of the properties of the constitutional principle lies in the fact that the constitutional principle formulates the basic rule and determines the direction of development of the legal system and thereby has the property of axiomaticity. At the same time, the constitutional principle has the property of presumptivity due to the duty of the law enforcement officer to proceed from the assumption of compliance with the provisions of such a principle by all subjects of legal relations. Thereby constitutional principle ensures the necessary stability of the legal system of the state. At the same time, in order to achieve full-fledged stability of the legal system, along with the assumption that the subjects of legal relations comply with the provisions of the constitutional principles, it should be possible to monitor such compliance. In the absence of prior control over compliance with the provisions of the law, the solution is the application of legal presumptions. In this regard, within the framework of the presumptive property of constitutional principles, constitutional presumptions are inextricably linked with the corresponding constitutional principles. In turn, having the property of fictitiousness, the constitutional principle allows to interpret the provisions that make up such a constitutional principle and, as a result, create the necessary regulatory legal framework.Conclusions. Constitutional principles are the driving force of the legal system. They fill all legal relations without exception with legal meaning and content and have a special meaning due to their irreplaceability and the obligation to strictly observe them. In turn, the trinity of properties of the constitutional principles reflects their legal essence as fundamental normative provisions that determine the generally binding basic rules and directions of the development of the legal system, ensure the stability of the legal system of the state, and also have the possibility of timely development and adaptation to the changing legal reality.

TRANSFORMATION OF LOCAL SELF-GOVERNMENT IN THE CONDITIONS OF DECENTRALIZATION OF POWER

2018 ◽  
Author(s):  
Tamara Lozynska ◽  
◽  
Liudmyla Chip ◽  
Yevhenii Hnatok ◽  
◽  
...  
Keyword(s):  
Separation Of Powers ◽  
Local Population ◽  
Legal Framework ◽  
The State ◽  
Legal Basis ◽  
State Budget ◽  
City Councils ◽  
Territorial Organization ◽  
State Of Affairs ◽  
Direct Inter

The article highlights the issues of local self-government development in the conditions of public administration transformation. Attention is drawn to the importance of organizing effective self-government, as it is the local councils of the basic level that are most closely connected with the life of the local population. It is noted that the reform of local self-government was aimed at improving the accessibility and quality of public services for the population. The main reasons that prompted the reform of local self-government are named, namely: imperfection of the administrative-territorial system, limited autonomy of local self-government bodies and weak capacity of territorial communities. The main stages of the reform of the local self-government system and changes in the legal basis for the functioning of local councils are considered. The consequences of changing the legislation for the implementation of their powers by village, settlement and city councils, in particular the establishment of direct inter-budgetary relations between local budgets and the state budget, as well as shortcomings in the legal support of local councils. It is noted that despite the significant delay in amending the Constitution of Ukraine, the norms of which on administrative-territorial organization and local self-government ceased to correspond to the real state of affairs, the legal basis of self-government continued to develop. It is a question of introduction of the state support of local government and creation of institute of elders. It is noted that the regulatory and legal support of decentralization was mostly related to budgetary relations and was aimed at strengthening the economic capacity of territorial communities. It is established that as a result of the administrative-territorial reform the number of councils at the primary and subregional levels has significantly decreased, which has exacerbated the issue of separation of powers between councils at different levels and between councils and local administrations. Proposals were made to identify areas for further improvement of the legal framework of local self-government and delimitation of powers of local councils on the principles of subsidiarity.

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