THEORETICAL AND LEGAL CONCEPT OF MORAL BASIS IN THE WORK OF LAW ENFORCEMENT AUTHORITIES

Author(s):  
Viktoriia Horielova ◽  

The article examines the conceptual provisions of moral principles in the work of law enforcement officials. This issue is very relevant, because modern society puts forward "increased" requirements for the "moral face" of law enforcement agencies, in connection with which national legislation is undergoing constant tectonic shifts. The social importance of morality in the law enforcement sphere and the degree of their moral responsibility is extremely growing in the current conditions of comprehensive transformation of the information society. In our opinion, the real moral face of law enforcement agencies is a reflection of the legal and mental state of society, on which it depends whether it will tolerate imitation of high morals of law enforcement officials or not. Immorality always breeds cruelty, insensitivity, corruption, inspires the creation of any evil, is a consequence of all problems for state stability and threats to security in society, because it is the immorality of those who guard the right to protection and defence against arbitrariness undermines democratic institutions and values, faith in justice and calls into question the rule of law. The article examines the moral and legal provisions of national legislation and international acts on the established moral principles in the activities of law enforcement agencies. The article reveals that the moral and legal concept of a police officer (as well as another law enforcement officer) includes a combination of four moral vectors: behaviour in society; treatment of a detainee; interaction with the public and other state bodies; relationships with colleagues. Examining the basic "moral guidelines" of the defender of law and order, it is established that the category of "dignity" is the highest level of morality of law enforcement officials, the content of which absorbs all the necessary moral virtues and qualities of this profession. Dignity at the same time means fitness for the profession, compliance with its purpose as a set of moral, ideological and professional qualities: humanism, legality, objectivity, impartiality, justice, loyalty, loyalty to the state, tolerance. It is noted that the conceptual provisions of moral principles in the work of law enforcement officials, provided by law, become chaotic and do not have a stable hierarchy, which would provide the order and place of different moral values. There is only a certain dynamism in response to specific forms of immoral, requiring legal coordination in a particular historical period of development of society. The article proposes to single out and combine moral norms into certain groups (depending on the nature of the relationship) and to define in each certain characteristic provisions and rules.

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health


2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.


Author(s):  
Brett C. Burkhardt ◽  
Scott Akins ◽  
Jon Sassaman ◽  
Scott Jackson ◽  
Ken Elwer ◽  
...  

In 2012, heads of local law enforcement agencies in Benton County, Oregon, contacted researchers at Oregon State University to discuss a problem: a sharp rise in the number of contacts between police and suspects displaying symptoms of mental illness. This initial inquiry led to an ongoing collaborative examination of the nature, causes, and consequences of the rise in police contacts. In this article, the authors describe this collaboration between researchers and law enforcement officials from the perspective of both parties, situating it within the context of mental illness in the U.S. criminal justice system. The collaborators draw on firsthand experiences and prior collaborations to discuss the benefits of, challenges in, and recommendations for university–police research collaborations. Although such collaborations may pose challenges (related to relationship definition, data collection and analysis, outputs, and relationship maintenance), the potential benefits—for researchers and law enforcement agencies—are substantial.


2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Key words: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.


2021 ◽  
pp. 218-225
Author(s):  
V. O. V. O.

The article discusses the problematic issues of the historical preconditions for the formation of the system of criminalistics knowledge. Analyzed the scientific works of scientists and practitioners of law enforcement agencies regarding the system of criminalistics knowledge and criminalistics science. The importance of taking into account the historical period regarding the formation of the structure and system of criminalistics knowledge is emphasized. Systematization of criminalistics knowledge took place in several stages. Thus, one of the first to summarize and classify criminalistics knowledge was Hans Gross. Similarly, SM Tregubov and RA Reiss attempted to form a system of criminalistics knowledge in their scientific works. A. I. Vinberg and B. M. Shaver in their work argued for the need to distinguish in criminalistics science of the general and special part. In certain historical periods, different views were proposed on the formation of a system of criminalistics knowledge, which is associated with the historical development of society at that time, the state of scientific research on the detection, detection and investigation of criminal offenses. Depending on the historical stages, practitioners and scientists offered their own system of criminalistics knowledge and criminalistic science.


2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.


2020 ◽  
Vol 11 (2) ◽  
pp. 598
Author(s):  
Pavel Vladimirovich SITNIKOV ◽  
Alua Salamatovna IBRAYEVA ◽  
Azamat Tynyshtykbayevich ALDABERGENOV ◽  
Akhylbek S. BAIKENZHEYEV ◽  
Nurlan Salamatovich IBRAYEV

This article is concerned with the specific formation of an anti-corruption culture in the law enforcement system of the Republic of Kazakhstan. To this date, the country has formed a large base of legal acts regulating the fight against corruption but their effectiveness raises questions. In this context, it is necessary to use preventive measures both in society as a whole and in the field of public administration, including law enforcement agencies. One such measure is the formation of an anti-corruption culture. This study aims at analyzing global directions and approaches to the formation of an anti-corruption culture among law enforcement employees. The authors of the article consider the world experience of an anti-corruption struggle and the most efficient models of forming an anti-corruption culture in the sphere of law enforcement. The authors have proved that the anti-corruption culture of law enforcement agencies differs from that of other society members and revealed its specific features. The necessary condition for their effective neutralization is not only legal education but also the promotion of moral and ethical standards. According to the authors, this goal can be achieved through anti-corruption education that fosters a culture of involvement and consciousness, a clear rejection of corruption and the popularization of anti-corruption standards. In the course of the study, they highlight the main components of an anti-corruption culture among law enforcement employees and conclude on the further efforts scholars and lawmakers should make to develop a common worldview, scientific and legal concept of the fight against corruption.


Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.


2019 ◽  
Vol 70 ◽  
pp. 08015
Author(s):  
Irina Ganishina ◽  
Larisa Fedoseeva ◽  
Juri Vorobyev ◽  
Viktoria Sundukova

Fight against corruption is one of global problems of modern society, that is why law-enforcement agencies have the most important objective of developing effective and innovative psychological and educational technologies of fighting against corruption-related offences. It is especially important to form rejection of corruption by would-be law-enforcement officials (specialists of the Ministry of Internal Affairs, the Federal Security Service, the Federal Penal Service, the Investigation Committee, the Judicial System, the Prosecutor’s Office), as life and health of the population of Russia depends on the legitimacy of their decisions. One of the ways to fight against corruption in organizations of higher education can be forming of students’ anticorruption personality orientation which is realized by the authors as integrative personality education providing anti-corruption legislation compliance in the sphere of professional occupation by means of structural components of personality orientation (motivational-axiological, emotional-volitional, cognitive, spiritual and moral) which are being formed in the process of studying in the higher education establishment.


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