Criminal law impact in the mechanism of ensuring national security

2020 ◽  
Author(s):  
Vladimir Duyunov ◽  
Ruslan Zakomoldin
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Social ◽  
Legal Nature ◽  
General Object

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.

scholarly journals The state-legal mechanism of combating modern crime: ways to improve

2020 ◽  
pp. 85-94
Author(s):  
Grygorii Usatyi
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
Significant Deterioration ◽  
Legal Mechanism ◽  
Conceptual Foundations

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.

scholarly journals The ways to improve of the mechanism of combating modern crime

Legal Ukraine ◽  
2020 ◽  
pp. 6-13
Author(s):  
Grigoriy Usaty
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
Significant Deterioration ◽  
State Determination ◽  
Conceptual Foundations

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.

scholarly journals Corruption-Related Crime from the Perspective of “Dead-Letter” Articles of the Criminal Code of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 51-54
Author(s):  
Aleksandr N. Sukharenko ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Main Principle ◽  
Law Enforcement Agencies ◽  
The Social ◽  
The Russian Federation

Despite the measures taken by the state, corruption remains one of the most serious threats to Russia’s national security. In recent years, the legislator has paid increased attention to toughening criminal liability for corruption crimes, the list of which is enshrined at the subordinate (interdepartmental) level. Taking into account the social danger of this problem, we carried out a detailed analysis of the state and dynamics of corruption crime in the country, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of “dead” articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and neutralize its main principle — the inevitability of liability for crimes.

scholarly journals GENDER CHARACTERISTICS OF WOMEN's CRIME

2021 ◽  
Vol 31 (5) ◽  
pp. 904-910
Author(s):  
S.A. Styazhkina
Keyword(s):  
Law Enforcement ◽  
Modern Society ◽  
Social Characteristics ◽  
Educational Institutions ◽  
Law Enforcement Agencies ◽  
Female Crime ◽  
The Social ◽  
Gender Status ◽  
Gender Characteristics

The article deals with the issues of criminological characteristics of female crime, analyzes the data of official statistics. Special attention is paid to the analysis of the causes and conditions of female crime. The paper substantiates the need to study women's crime, study its causes and conditions. The peculiarities of women's crime are determined by the gender status and the role of women in modern society. In this regard, the article analyzes the social characteristics and psychological characteristics of women in modern Russia. Special attention is paid to the prevention of women's crime. It is proposed to develop a national program for the prevention of women's crime. The program should be comprehensive in nature, and also contain a system of interaction between various bodies and services in the prevention of women's crime, ranging from educational institutions to law enforcement agencies.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals Criminal Investigation and Criminal Intelligence: Example of Adaptation in the Prevention and Repression of Cybercrime

Risks ◽  
2020 ◽  
Vol 8 (3) ◽  
pp. 99
Author(s):  
Barlatier Jerome
Keyword(s):  
Law Enforcement ◽  
Crime Control ◽  
Holistic Approach ◽  
Social Relevance ◽  
Law Enforcement Agencies ◽  
Criminal Intelligence ◽  
Police Investigations ◽  
The Social ◽  
Intelligence Service

In the context of the digitization of delinquent activities, perpetrated via the internet, the question of the most appropriate means of crime prevention and crime repression is once again being raised. Studies performed on police investigations have highlighted the over-determining nature of circumstantial factors in crime as a condition for their elucidation for more than fifty years. The emergence of mass delinquency, such as cybercrime, has thus strongly altered the role of investigation as a useful mode of knowledge production. This obsolescence has appeared gradually and can be summarized in four stages, which generates a suspicion about the social relevance of the investigation. It seems that the holistic approach of criminal intelligence is more adapted to the fight against new forms of crime. The investigation becomes a precision instrument assigned to functions that become more specific. This article considers this paradigm shift by the approaches to knowledge management of crime control. Cybercrime is then emblematic of this shift. This study is based on the criminological review and the delinquency analysis led by the central criminal intelligence service of the national gendarmerie. Its premise may likely guide the strategy of French law enforcement agencies.

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.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

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 Management of Legal Processes: Statement of the problem

2019 ◽  
Vol 15 (2) ◽  
pp. 12-20
Author(s):  
V. L. Schulz ◽  
S. A. Bochkarev
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Human Sciences ◽  
Universal Method ◽  
Law Enforcement Agencies ◽  
Text Interpretation ◽  
Judicial Decisions ◽  
The Social ◽  
Legal Processes

Introduction. The article considers the category of management from the standpoint of history, theory and philosophy. The law and the processes of its implementation in practice have been chosen as the social context within which the importance and potential of management has been studied.Materials and methods. The article actively uses both contributions of natural science and papers written for the purpose of understanding the humani-tarian knowledge. The methodological basis of the article includes the universal method of cognizability of the world, such logical methods as induction and deduction, the achievements of comparative jurisprudence, the method of text interpretation (mainly judicial decisions and regulations).The results of the study. The paper tries to answer the questions what management is in principle, what are the possible and acceptable forms of its manifestation in jurisprudence. The meanings in which management is used in the natural and human sciences are compared. A distinction is made between the concepts of “management of legal processes” and “public administration”.Law enforcement processes are much rationalized, and law has maintenance of order as its highest goal. The absence of reference to management in the procedural legislation serves as an indirect but sure sign that governance in law does not exist in the form in which it is represented in the natural sciences.Discussions and conclusions. Subject to the above it was concluded that management in law is manifested and realized in a peculiar way. It is implemented in legal processes through decentralized principles, i.e. by the participants themselves on a parity and consensual basis. The role of guides is played by symbolic means - the principles of law and the values protected by it. The role of doers is played by instrumental means - law enforcement agencies and institutions. The role of organizes is exercised by the subjects of law (individual, society and the state), and the function of consumers is realized by the subjects of specific legal relations.

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