scholarly journals DOMESTIC LEGISLATIVE IMPROVEMENT ASSOCIATED TO THE SUBJECTS OF OPERATIONAL-SEARCH ACTIVITY ON A NON-PUBLIC PRINCIPLES

2019 ◽  
Vol 7 (1) ◽  
pp. 197-204
Author(s):  
Uspanov Zholdibay ◽  
Tyrarbayeva Dana
Keyword(s):  
Law Enforcement ◽  
International Relations ◽  
Civil Law ◽  
Information Services ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Current Definition ◽  
Science Professor ◽  
Legal Nature ◽  
Legislative Improvement

In the article prepared by the Vice-Rector for Science and International Relations, Candidate of Juridical Science, Professor Uspanovov Zh. discovers the issues of legal support on assistance of citizens to the bodies carrying out operational search activities. In its current definition and regulation of operational search legislation has a mixed legal nature; it cannot be considered as an employment contract, such relations are not civil law relations, they are of administrative and managerial nature. Considering that an important component of legal support, in addition to defining the mutual rights and obligations of the parties, is that its presence enables the person assisting law enforcement agencies to openly protect, including in court, their social, labor and other rights, legal support must be attributed to the contract for the provision of paid information services.

Institute for assurances and its implementation in the penal system in the framework of the Federal Law of 05.04.2013 No. 44-FZ “On contract system in procurement of goods, works, services for state and municipal needs”

2020 ◽  
pp. 162-170
Author(s):  
Екатерина Станиславовна Брылякова ◽  
Тамара Викторовна Шепель
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Penal System ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Legal Obligations ◽  
Legal Nature ◽  
The Russian Federation

Статья посвящена анализу нового института гражданского права «заверения об обстоятельствах», нашедшего легальное отражение в гражданском законодательстве РФ только после принятия Федерального закона РФ от 08.03.2015 № 42-ФЗ «О внесении изменений в часть первую Гражданского кодекса Российской Федерации». При этом с появлением данного института возникла полемика относительно его правовой природы и отнесения к институту преддоговорной ответственности как его разновидности или как одной из гарантий обязательственных правоотношений. Актуальность темы обусловлена еще и анализом возможности реализации института заверений об обстоятельствах в контексте Федерального закона от 05.04.2013 № 44 «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» в части защиты интересов заказчиков и одного из элементов антикоррупционной составляющей. Ряд правоприменителей категорически не допускают возможности реализации исследуемого института в контрактной системе. Кроме того, в правоприменительной сфере возникает дискуссионный вопрос относительно интерпретации заверений об обстоятельствах и их применении в обязательственных правоотношениях. В статье предпринята попытка определить правовую природу института заверений об обстоятельствах и ответственности за недостоверные заверения, а также обосновать возможность его реализации в контрактной системе в сфере закупок товаров, работ и услуг для обеспечения государственных и муниципальных нужд, в том числе для нужд уголовно-исполнительной системы. This article is devoted to the analysis of a new institution of civil law “assurances of circumstances”, which was legally reflected in the civil legislation of the Russian Federation only after the adoption of the Federal law of the Russian Federation from 08.03.2015 № 42-FZ “On amendments to part one of the Civil code of the Russian Federation”. At the same time, with the appearance of this institution, there has been a lot of controversy regarding its legal nature and the attribution to the institution of pre-contractual liability as its variety or as one of the guarantees of legal obligations. The relevance of the topic due to the analysis of the feasibility of the Institute for assurances in the context of the Federal law of 05.04.2013 № 44 “On contract system in procurement of goods, works, services for state and municipal needs” in terms of protecting the interests of customers and one of the elements of the anti-corruption component. A number of law enforcement agencies categorically do not allow the possibility of implementing the research Institute in the contract system. In addition, in the law enforcement sphere, there is a debatable issue regarding the interpretation of assurances about circumstances and their application in legal relations of obligations. The article attempts to understand the concept and legal nature of the institution of assurances about circumstances and to justify the possibility of its implementation in the contract system in the field of procurement of goods, works and services for state and municipal needs, including for the needs of the penal system.

scholarly journals PRACTICAL AND LEGAL FEATURES OF USE LAW ENFORCEMENT OFFICERS PHYSICAL FORCE

2021 ◽  
Vol 23 (80) ◽  
pp. 23-28
Author(s):  
V.A. Kaznazcheev ◽  
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Power Structures ◽  
Physical Force ◽  
Law Enforcement Agencies ◽  
Legal Nature ◽  
Wide Scale ◽  
Principle Of Legality

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.

scholarly journals Legal and Moral Aspects of Confidential Cooperation between Individuals and Law Enforcement Agencies

2019 ◽  
Vol 86 (3) ◽  
pp. 69-79
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Point Of View ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Public Interests ◽  
The Public ◽  
State Apparatus ◽  
Moral Point

The legislative regulation of using confidants in Ukraine, as well as the moral aspects of confidential cooperation between individuals and law enforcement agencies have been analyzed. Some reasons that contributed to the regulation of confidential cooperation at the legislative level have been revealed in the historical retrospective; the correlation of the terms of “assistance” and “cooperation” used in the operative and search legislation has been demonstrated. It has been substantiated that in the course of studying the activities of special forces of operative and search activity it is advisable to use a narrower term of “cooperation”, which reflects the specifics of the activity of such forces. The norms of not secret normative legal acts have been outlined, which enshrined the conceptual bases of work with confidants. The emphasis has been made on the need to regulate not only the rights of the confidants, but also their obligations. A comparative analysis of the society’s attitude to confidential cooperation in different countries has been conducted. The moral and ethical grounds for involving persons into confidential cooperation have been studied. The author has outlined the essential role of the ideological component in the work of the state apparatus, which influences the attitude of society to confidential cooperation. The interdependence of moral and legal aspects of confidential cooperation has been proved. It has been established that the involvement of persons, from a moral point of view, into confidential cooperation is determined by: the voluntary nature of such involvement; public duty; perception of appropriate cooperation as the assistance to the community for its proper functioning; compulsory use of confidants for the prevention and detection of latent crimes; counteracting aggressive protection of criminal interests; guaranteeing the public interests by saving the costs for law enforcement function, since the use of confidants is more financially effective than attracting additional law enforcement forces and means.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

scholarly journals Concept and structure of the special forces of operative-search activity

2019 ◽  
Vol 73 (2) ◽  
pp. 69-74
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
International Experience ◽  
Structural Elements ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Special Forces ◽  
Criminal Process ◽  
Separate Category ◽  
The Law ◽  
Definition Of

Some essential aspects of the concept of “special forces of operative and search activity” have been revealed, as well as their structural elements have been outlined. Information to clarify the content of the concept of “special forces of operative and search activity” and its certain components has been systematized. The author has studied the interpretation of the relevant components of this term in the literature, as well as taking into account the practical aspects of the organization of operative and search activities. The relevant international experience has been analyzed. Attention has been paid to the fact that only those persons, who cooperate with law enforcement agencies on a confidential basis are logically treated as special forces of operative and search activity. Some aspects of the application of special forces of operative and search activity have been revealed. Emphasis has been placed on ensuring secrecy and confidentiality in the use of special forces of operative and search activity. It has been emphasized that in case of the fulfillment of the tasks of operative and search activity such forces get a special attitude from the law enforcement agencies. The author has attempted to classify such forces, and has defined the attributes relevant to them. Based on the research, the definition of special forces of operative and search activity has been provided – it is a separate category of forces of operative and search activity, which does not belong to the subjects of operative and search activity, but indirectly and on a confidential basis promotes the fulfillment of tasks of operative and search activity and criminal process. The author has substantiated that disclosing party and anonymous author, who provide information on a confidential basis, belong to special forces of operative and search activity.

scholarly journals Corruption and Social Tension in the Cause System “Color Revolutions”

2021 ◽  
pp. 069-075
Author(s):  
S. D. Grinko ◽  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
The State ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Social Tension ◽  
Color Revolutions ◽  
The Individual

This article discusses the causes of social tension and the conditions conducive to “color revolutions”. The individual, society and the state are considered as the main objects of security. The shortcoming in the sphere of preliminary investigation and operational-search activity of law enforcement agencies, the lack of proper interaction between them were analyzed. Comprehensive measures to reduce social tension in society and counteract “color revolutions” based on the study are proposed.

scholarly journals Problems of Legal Policy in the Sphere of Business

2017 ◽  
Vol 4 (4) ◽  
pp. 9-12
Author(s):  
S V Bochkarev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Business Environment ◽  
Law Enforcement Agencies ◽  
Legal Policy ◽  
Strategic Research ◽  
Special Procedure ◽  
The Russian Federation ◽  
The Way

For at least the last decade, the country’s authorities have paid particular attention to the creation of a comfortable business environment in the Russian Federation. A lot has been done on the way to a good goal. The changes have affected many branches of the law. At the same time, a number of problems on the way to creating a comfortable business environment remain relevant and acute. In particular, the validity of the findings of the Commissioner for the Rights of Entrepreneurs in Russia and the specialists of the Center for Strategic Research - the main moderators of the topic of pressure from law enforcement agencies on business - is questionable.The author analyzes the causes and root causes of the pressure of law enforcement agencies on business.It is recommended to develop and introduce into the criminal procedure a special procedure for consideration at the pre-trial stage of the issue of the possibility of transferring a criminal case in the sphere of business relations to the civil law plane.

scholarly journals FORENSIC ASPECTS OF USING CERTAIN TECHNICAL MEANS OF ACTIVE SELF-DEFENSE

2021 ◽  
pp. 481-492
Author(s):  
V. Bolshakov ◽  
V. Svytenko ◽  
Yu. Maznychenko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Modern Society ◽  
Main Task ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
Forensic Practice ◽  
Preventive Activity

The article is devoted to the forensic aspects of ensuring necessary defense through the use by law enforcement officials of physical pressure of limited influence, special means (including non-lethal action) and firearms of increased efficiency. The authors, based on the results of forensic practice, assessed the effectiveness of the actions of law enforcement officers to prevent the excess of necessary defense during covert investigative (search) activities. A systematic analysis of recent studies and publications on this issue showed that in the modern global world, the main task of forensic support for law enforcement agencies in different countries is to optimize the processes of detecting, disclosing, investigating and preventing crimes and therefore contributes to the establishment of objective truth in criminal proceedings. A sufficiently high level of criminalization of various spheres of life of modern society requires deep transformations in the system of preventive measures carried out by law enforcement agencies, government bodies and public organizations. The use of special forensic knowledge, along with other forms of preventive activity, can significantly enhance the prevention, detection, disclosure and investigation of crimes. The preventive activity of forensic experts is to study and identify the causes and conditions conducive to the commission of socially dangerous acts. It is noted that Hungarian scientists consider the issues of crime prevention and operational-search activity to be the subject of forensic science. The international experience of disclosing, investigating and preventing crimes indicates a significant number of unsuccessful investigative actions due to the incompetent use of firearms and active defense equipment. It is concluded, based on the content of the concepts of disclosure, investigation and prevention of crimes, and taking into account the historical experience of forensic research of means of necessary defense and firearms, that it is necessary to develop forensic recommendations. In order to increase the efficiency of covert investigative (search) actions by law enforcement officers through the use of modern means of necessary defense and means of physical influence of limited action, as well as special types of non-lethal police weapons with improved characteristics.

Environmental activity of law enforcement agenciesenvironmental activity of law enforcement agencies

2021 ◽  
Author(s):  
A.S. Blankov ◽  
O. B. Vinogradova ◽  
Orlova Y. R. Orlova Y. R.
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Natural Object ◽  
Law Enforcement Agencies ◽  
General Law ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Law ◽  
Environmental Activity

The article defines the legal nature of the environmental protection activities of law enforcement agencies. The bodies carrying out activities for the protection of the environment within the framework of the implementation of the law enforcement function are systematized according to their own functionality into four groups: the general law enforcement bodies (internal affairs of the Russian Federation); the law enforcement agencies that resolve issues related to encroachment on public relations in relation to a specific natural object (specialized agencies); the bodies implementing control and supervisory activities in this area (prosecutorial bodies of Russia); and, finally, the judicial authorities.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

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