scholarly journals The concept and social essence of extremist crimes

2021 ◽  
Vol 9 (4) ◽  
pp. 66-70
Author(s):  
Dmitry Popov
Keyword(s):  
Law Enforcement ◽  
Legal Science ◽  
The Social ◽  
Domestic Law ◽  
Unambiguous Interpretation

The article actualizes the problem of understanding the concept of «extremism», which is due to the variety of research approaches that currently exist in legal science. The author draws attention to the need for an unambiguous interpretation of the phenomenon under consideration, especially in terms of the harmonization of international and domestic law, in order to increase the efficiency of law enforcement practice. An attempt is made to determine the social essence of extremist crimes.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

Social efficiency of internal affairs bodies

2021 ◽  
Author(s):  
Egor Bunov
Keyword(s):  
Law Enforcement ◽  
Empirical Studies ◽  
Multidimensional Analysis ◽  
Law Enforcement Agencies ◽  
Social Effectiveness ◽  
The Social ◽  
Wide Range ◽  
Degree Of Satisfaction ◽  
Internal Affairs

The monograph contains a theoretical analysis of the social effectiveness of the internal affairs bodies as the degree of satisfaction of the population with the quality of law enforcement activities to protect their interests, rights and freedoms. The results of a multidimensional analysis of empirical studies of the influence of macro - and microsocial factors on the effectiveness of interaction between the population and law enforcement agencies are presented. The article substantiates the criteria for social assessment of the activities of the internal affairs bodies, the use of which allows for practical adjustment of the forms and methods of the management system. For a wide range of readers interested in the practice of applying legal measures of law enforcement.

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 The Category of Legal Reality in Modern Legal Science in Russia

2021 ◽  
pp. 007-015
Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Phenomena ◽  
Methodological Basis ◽  
Legal Science ◽  
Multi Stage ◽  
Science In Russia ◽  
Legal Space ◽  
Russian Law ◽  
The Individual

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.

scholarly journals Forensic researches at National Academy of Internal Affairs: heritage of scientific schools (Review Article)

2021 ◽  
Vol 23 (1) ◽  
pp. 24-44
Author(s):  
S. Cherniavskyi ◽  
V. Yusupov
Keyword(s):  
Law Enforcement ◽  
Scientific Activity ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Main Research ◽  
Scientific Schools ◽  
Legal Science ◽  
Science And Education ◽  
Internal Affairs ◽  
High Level

The Article purpose is to disclose the process of the formation of forensic scientific schools in the National Academy of Internal Affairs on the basis of the study of its historical development; to emphasize the role of heads of departments and leading professors of the National Academy of Internal Affairs in formation of forensic scientific schools, identify the main research directions of forensic scientific schools of the National Academy of Internal Affairs, highlight their contribution in training of highly qualified scientific and pedagogical staff; to emphasize achievements of forensic scientific schools of the National Academy of Internal Affairs and their significance for advancement of legal science and education in Ukraine. When covering the article content, historical, historiographic, terminological, systemic-structural, formal-logical, comparative-legal and statistical methods have been applied.  It is substantiated that the center for the development of forensic scientific schools in the National Academy of Internal Affairs is the Department of Criminalistics. Main directions of research of forensic scientific schools in the National Academy of Internal Affairs have been systematized and shown. It has been proved that forensic scientific schools of the National Academy of Internal Affairs are developing according to two scientific directions: innovative research of non-traditional traces of crime (the school of Professor M. V. Saltevskij); advancement of investigative activities and methods of investigating criminal offenses based on studying tactics applied by criminals, current achievements in science and technology (school of Professor V. P. Bahin). Scientific links between forensic schools of the National Academy of Internal Affairs and other forensic schools and centers of research institutions, higher educational institutions, law enforcement agencies have been demonstrated. Forensic scientific schools of the National Academy of Internal Affairs play a crucial role in the development of legal science and education, contribute to the formation of the high level of professionalism in law enforcement agencies and lawyers, ensure the unity of law enforcement practice and educational-scientific activity in higher education institutions.

scholarly journals Methodological limitations of sociocultural studies of law

2021 ◽  
Vol 118 ◽  
pp. 01008
Author(s):  
Sergey Borisovich Zinkovsky
Keyword(s):  
Legal Analysis ◽  
Cultural Foundations ◽  
Legal Science ◽  
Actual Nature ◽  
The Social ◽  
Sociocultural Approach ◽  
The Subject ◽  
Sociocultural Studies ◽  
The One ◽  
Legal Concepts

The purpose of the study is to identify the methodological limitations of sociocultural studies of law. The research methods center around the thesis that the sociocultural approach in legal scholarship is most persuasive when implemented in a relatively limited social context. This kind of research is empirical and shows no attention to the creation of explanatory theoretical constructs. The possibilities for comparative legal analysis are also limited because empirical research is primarily descriptive. The result of the study proved that the methods of considering law through the prism of culture are not always able to provide clear tools for analyzing the social factors that determine the features of institutional and procedural differences in law. In addition, the study concludes that the study of law as a cultural phenomenon requires the use of ideal constructions in the process of cognition. On the one hand, it allows operating with concepts whose content is not formally defined. On the other hand, it entails the impossibility of identifying the general principles of the organization of real legal phenomena, the cause-and-effect relationships between them. Foreign sociocultural studies of law often use the concept of “cultural community”, the scope of which allows asserting that the subject of research goes far beyond the scope of legal science. The study’s novelty lies in an attempt to assess whether the search for cultural foundations of law “blurs” the subject of legal science. The main reason for the “conceptual blurring” of sociocultural studies of law is the lack of a universal, generally recognized approach to defining the concept of culture in Russian and foreign legal science. However, the reductionism of the context of sociocultural studies of law, the use of legal and non-legal concepts and categories cannot always be characterized as unproductive. The revealed methodological limitations of sociocultural studies of law do not prevent the explanation of the actual nature of legal phenomena.

scholarly journals Modern problems of law enforcement in the field of ensuring convicts’ personal safety

2021 ◽  
Vol 1 (11) ◽  
pp. 87-92
Author(s):  
L.V. BAKULINA ◽  
◽  
R.N. KHALILOV ◽  
Keyword(s):  
Social Sciences ◽  
Law Enforcement ◽  
Modern World ◽  
Theoretical Issue ◽  
Personal Safety ◽  
Legal Science ◽  
Interdisciplinary Nature ◽  
Legal Security

The article deals with the problem of security, including personal, which is of an intersectoral and interdisciplinary nature. The authors note that in the modern world this category is studied not only by legal science, which is not able to fully resolve the theoretical issue of legal security problems, but also by a set of other social sciences. Particular attention is paid to the analysis of law enforcement activities in the field of ensuring the security of those sentenced to imprisonment

scholarly journals The (Immediate) Post-World War II Period

2020 ◽  
pp. 168-189
Author(s):  
Antonello Tancredi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Interwar Period ◽  
World War ◽  
Post World War Ii ◽  
Theoretical Approaches ◽  
The Social ◽  
International Legal Order ◽  
The Relationship ◽  
Domestic Law

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.

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