THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals Anti-corruption: strategy and practice

2021 ◽  
pp. 87-101
Author(s):  
M. Kornienko ◽  
V. Tertyshnyk
Keyword(s):  
Law Enforcement ◽  
State Government ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Prevention Act ◽  
The Status ◽  
Crime Detection ◽  
The Law ◽  
Improvement Of Legislation

The problems of the anti-corruption strategy, issues of elimination of criminal factors, improvement of legislation and the activities of law enforcement agencies are analyzed. Anti-corruption problems should be solved systematically in a set of integrative measures of state-political, socio-economic, national-cultural, informational, criminological, legal and moral. The priorities of the implementation of such a course are the urgent implementation of such strategic principles as DE monopolization, DE offshorization, requisition of energy security facilities, demarcation of business and power, and ensuring effective tax and customs policy. The effective mechanism against corruption is the disengagement of power and business, the elimination of factors of political corruption. It is proposed in the Law on the Prevention of Corruption, as well as in the laws regulating the status of civil servants, to enshrine the requirement of impeccable business reputation and integrity. A system of new legislation should be developed and adopted: the Code of Evidence, the Code of Law Enforcement, the Investigator Status Function Act, the Detective Status Act, the Jury and World Court Act, and the Crime Detection, Prevention and Prevention Act. It is proposed to state the disposition of the law of the Criminal Code of Ukraine on illegal enrichment in accordance with Article 20 of the UN Convention against Corruption of 31.10.2003. In particular, it is proposed to consolidate the responsibility of officials for a significant increase in assets that exceed the total assets of zero declaration and legal wages in the public service. The mechanisms of the state government should provide for the function of prosecutorial supervision over the enforcement of anti-corruption legislation in the activities of enterprises, executive authorities and local government. Systemic proposals are being made for the formation of a strategy and a comprehensive anti-corruption programed.

THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR

2020 ◽  
Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
75Th Anniversary ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Soviet People ◽  
Great Patriotic War ◽  
Principle Of Legality

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.

scholarly journals SUATU KAJIAN YURIDIS TERHADAP PENGGUNAAN ALAT BUKTI ELEKTRONIK DALAM KEJAHATAN CYBER DALAM SISTEM PENEGAKAN HUKUM

2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Electronic Evidence ◽  
Procedure Code ◽  
The Law ◽  
Witness Statements ◽  
And Function

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.

scholarly journals The Role of Law Enforcement Agencies in Preventing Dowry-Related Crimes in Bangladesh and India

2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Continuous Process ◽  
Judicial Decision ◽  
Law Enforcement Agencies ◽  
Secondary Sources ◽  
Social Custom ◽  
The Law ◽  
Victims Of Violence

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

Lawyers request a procedural document in a court proceeding

2020 ◽  
pp. 96-102
Author(s):  
Volodymyr Hromko
Keyword(s):  
Law Enforcement ◽  
Practical Problem ◽  
Practical Experience ◽  
Criminal Code ◽  
Practical Relevance ◽  
Law Enforcement Agencies ◽  
Scientific Cognition ◽  
Legislative Framework ◽  
Court Proceeding ◽  
Logical Semantic

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer's request, more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request. Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience. The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others. Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time. An alternative is proposed to remedy and resolve issues related to this issue. Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer's tool such as a lawyer's request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine "On Advocacy and Legal Activities", as well as in the Criminal Code and Criminal Procedure Ukraine.

scholarly journals Code of Ethics and the Role of Advocates in Providing Legal Aid to the Poor

2020 ◽  
Vol 1 (2) ◽  
pp. 259-274
Author(s):  
Muten Nuna ◽  
Dince Aisa Kodai ◽  
Roy Marthen Moonti
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Law Enforcement Officers ◽  
Legal Aid ◽  
Applicable Law ◽  
The Status ◽  
Political Intervention ◽  
Community Trust ◽  
The Law

Law No. 18 of 2003 concerning Advocates emphasizes the status of Advocates as one of the law enforcers who have roles and functions that are equal to the Police, Prosecutor's Office and Judicial Power as law enforcement officers, but there is specialness given by the law to lawyers, namely the independence of advocates in carrying out their duties and profession. The independence of advocates aims to support the implementation of a justice system that is free from power and political intervention in law enforcement, and with that independence the Advocate Profession is said to be a very noble profession (offiicium nobile). As a noble profession, of course, advocates are bound by ethical values ​​that become the guidelines in the implementation of their duties and authorities, where those values ​​are posited as a Professional Code of Ethics. Talking about advocates, of course it cannot be separated from law enforcement, talking about law certainly cannot be separated from the state system or the political colors of certain countries and so on. This article wants to explain how the code of ethics of the advocate profession in upholding the law is how the role of advocates in providing justice to society based on applicable law. In conclusion, this article wants to explain that the code of ethics can compensate for the negative aspects of the profession and with the existence of a code of ethics, community trust in a profession can be strengthened, because every client has the assurance that his interests will be guaranteed, and the implementation of legal aid must be in line with the breath that becomes the goal is protection human rights and ideals of justice.

scholarly journals Reconstruction of Corruption Law Enforcement in the Anti Rasuah Institution "Corruption Eradication Commission (KPK)” (Based on Approach “Berani Jujur Pecat” (Dare Honest Fired)”

2021 ◽  
Vol 2 (3) ◽  
pp. 316-325
Author(s):  
Adi Mansar
Keyword(s):  
Law Enforcement ◽  
Special Function ◽  
State Institution ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
The People ◽  
The Status ◽  
The Law

Changes to the law are a necessity in accordance with the development of society, whether one law is revised or in the form of reconstruction or deconstruction by changing all existing laws, especially in one state institution that has a special function, for example the Corruption Eradication Commission (KPK) must follow development? What is the Institutional and Personal Position of the KPK after the status transfer to State Civil Apparatus? How effective is the KPK in eradicating corruption after it has been reconstructed? The reconstruction of the KPK institution is expected to bring the KPK to be better, more optimal and remain a supervisory institution for other law enforcement agencies that are able to bring order and legal certainty and justice to the people of Indonesia. The change in the status of KPK employees to State Civil Apparatus is a form of generalizing KPK personnel without making distinctions like so far, so it is feared that there will be no more competition and contestation between the investigative teams who work professionally. The existence of the KPK institution is re-examined with the enactment of Law Number 19 of 2019 concerning the KPK, hopefully the stigma of the superbody institution will remain attached to the KPK will not turn into a super executive institution that works at the request of certain parties and hopefully the KPK will maintain the psychology of the people who hope that the KPK must continue to exist even if fired for doing "HONEST" and the truth.

scholarly journals Criminality in the Armed Forces of Ukraine as an object of criminological research

2021 ◽  
Vol 1 (12) ◽  
pp. 103-114
Author(s):  
Puzyrov M. S. ◽  
Keyword(s):  
Law Enforcement ◽  
Military Service ◽  
Armed Forces ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Criminological Research ◽  
First Case ◽  
Criminal Offenses ◽  
Special Part ◽  
The Status

The article analyzes criminality in the Armed Forces of Ukraine as an object of criminological research. The expediency of studying criminality in the Armed Forces of Ukraine in both broad and narrow senses is found. In the first case, the analyzed type of criminality has its general criminal nature and is represented by a set of criminal offenses, the commission of which is possible both by servicemen of the Armed Forces of Ukraine and other entities. This is the so-called general criminality represented by such criminal offenses as injuries of varying severity, murders, theft, etc. In a narrow sense, criminality in the Armed Forces of Ukraine is considered as a set of relevant criminal offenses, the commission of which is possible only through the person’s presence in the status of a special entity, which in this context is a serviceman of the Armed Forces of Ukraine. In this case, it’s about criminal offenses against the established procedure for military service (military criminal offenses), provided in Section XIX of the Special Part of the Criminal Code of Ukraine. The concept of “crime prevention in the Armed Forces of Ukraine” is scientifically substantiated and defines as a set of special organizational, administrative, criminal law, criminal procedural, criminal-executive and operative-search measures of specially authorized units of the Armed Forces of Ukraine in cooperation with law enforcement agencies on prevention and cessation of criminal-illegal encroachments regarding the established order of military service, economic, violent, mercenary-violent (etc) orientation in the Armed Forces of Ukraine, which are carried out on the basis of constitutional and special-branch norms and principles concerning defined groups or individually defined persons, methods and means provided by the current legislation. Key words: Armed Forces of Ukraine, military servicemen, criminological research, criminality, determinants, prevention.

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