scholarly journals Legal status of officials and officials: the problem of definition of concepts

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yara Olena ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Relations ◽  
Legal Status ◽  
Civil Service ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Leading Position ◽  
Definition Of ◽  
Law And Legislation

The article examines the problem of delimitation of legal status: official and official. The category of legal status is an important component for every participant in public relations, because such a status will depend on the scope of his civil rights and responsibilities, which is especially relevant for an official or official. It was found that today the issues of the studied categories, namely «legal status of an official» and «legal status of an official» still remain relevant because there is no unanimous position for their delimitation. It is clear that the categories of «official», «official» occupy a leading position in the field of public administration, criminal law, litigation, other areas of law and legislation. These categories should be key in the preparation of regulations relating to the civil service, regulation of law enforcement agencies, determining the legal responsibility of persons holding certain positions in the civil service. Conclusions are made where, given that at the legislative level there is no single definition of «official» and «official», and the proposed definitions in legal science are mainly sectoral in nature, the priority is: first, the definition in the Law «On basics of civil service», which must be adopted, the concepts of «official» and «official» and their features. The task of today's legislator is the need to differentiate them. Therefore, when determining the grounds for assigning persons to the categories of officials or officials should be guided by the relevant legislation governing certain relations. Regarding the legal status of officials and officials, the conclusion was that a significant factor in distinguishing these categories, unfortunately, is not legal status, because without a clear distinction between the basic concepts of «official» and «official», we can not fully describe the differences in this status. Keywords: service, position, legal status, civil service, official, employee, official

scholarly journals Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

2019 ◽  
Vol 75 (4) ◽  
pp. 59-64
Author(s):  
A. V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Legal Status ◽  
Criminal Liability ◽  
The State ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
Definition Of

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science. The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved. The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Legal status of a law enforcement official of Mongolia

2021 ◽  
Vol 2021 (4) ◽  
pp. 172-180
Author(s):  
Nyamsuren Erdenebulgan
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Enforcement Official ◽  
Legal Situation ◽  
Special Service ◽  
Wide Range ◽  
Definition Of

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

scholarly journals Interaction of the human-rights ombudsman in the Russian Federation with human rights law enforcement (on the example of the prosecutor’s office and the investigative committee)

2021 ◽  
Vol 118 ◽  
pp. 03023
Author(s):  
Elizaveta Petrovna Demina ◽  
Nikita Vladimirovich Babich
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Legal Status ◽  
Law Enforcement Agencies ◽  
Second Stage ◽  
Quality Of Protection ◽  
Democratic State ◽  
Systemic Problems

The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.

scholarly journals Law Enforcement Agencies in the System of Entities of Protection and Defense of Human Rights

2020 ◽  
Vol 9 (30) ◽  
pp. 77-83
Author(s):  
Oksana Aleksandrovna Panova ◽  
Andrii Tanko ◽  
Vladyslav Volodymyrovych Povydysh ◽  
Olha Vasylivna Alieksieieva
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Work ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Root Cause ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Definition Of

The purpose of this article is to define the role of law enforcement agencies in the system of protection of human rights and freedoms. The legal relations that arise during the activities of law enforcement agencies regarding the protection of human rights and freedoms were the subject of the study. Such methods of scientific cognition as dialectical, logical-semantical, formal-legal and analytical were used during the writing of the article. Through a series of research analyzes and comparisons, the definition of "law enforcement agencies" was provided. During the writing of this scientific work, the level of impact of effectively functioning law enforcement agencies on the entire system of protection of fundamental human and civil rights and freedoms was traced. It is stated that due to the multisectoral nature of activity of law enforcement agencies, their extensive system, etc., it is impossible to group them in one legislative act. The root cause for this is that all law enforcement agencies have different functions, different tasks, they do not have the same powers, and so on. It is emphasized that, regardless of the state in which they are located, law enforcement agencies (and especially their activities to ensure inalienable protected rights) will always be a model for a society as a whole. Hence the foundation of the widespread scientific thesis that the quality of law enforcement work in the field of protection and observance of constitutional rights, freedoms and legitimate interests of individuals is a direct reflection of the level of success and competence of all actors in society.

scholarly journals THE CONCEPT AND STRUCTURE OF THE IMPLEMENTATION OF PROSECUTOR's SUPERVISION OVER THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES

2021 ◽  
Vol 31 (4) ◽  
pp. 681-689
Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Implementation Process ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Individual ◽  
Supervisory Relations

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.

scholarly journals LEGAL LIABILITY AS AN ELEMENT OF THE LEGAL STATUS OF CIVIL SERVANTS

Social Law ◽  
2019 ◽  
pp. 20-26
Author(s):  
К. Lyubimov
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
Civil Servant ◽  
Legal Liability ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Applicable Law ◽  
The Public ◽  
Definition Of ◽  
The Individual

The article reviews the scientific positions on understanding the concept of "legal responsibility", considers it as a positive and retrospective liability, and also proposes its own definition of legal liability of a civil servant. Emphasis is placed on distinguishing the civil servant's legal liability from the ordinary employee's legal liability, since the civil servant's legal responsibility is at the heart of each official's official activity, follows from the powers conferred, is a guarantee of the civil servants' observance of the law, civil service principles and their proper performance ulcers, etc. The legal responsibility of a civil servant is considered, which is quite complex and multifaceted in contrast to the legal liability of ordinary citizens, since it is connected with the powers of the individual, the performance of their individual actions and functions, the exercise of administrative and administrative-legal influence on public relations in the state. Accountability of civil servants has both general and specific features of legal liability. The scientist has identified a number of features that distinguish the legal liability of civil servants from the legal liability of ordinary workers. Such features include: 1) the legal liability of a civil servant is characterized by an increased level of liability of such persons for similar crimes, offenses or disciplinary offenses as provided by the current legislation; 2) increased possibilities for applying the head of the department, directly subordinate to a civil servant, to have powers to identify disciplinary actions and to bring a civil servant to disciplinary responsibility; 3) the broad effect of the legal liability of a civil servant for the offenses committed; 4) the purpose of legal responsibility consists not only in punishment of the guilty person, restoration of the violated rights and interests of the person, carrying out preventive activity, but also in ensuring in the further proper fulfillment by the civil servant of his official duties, prevention of behavior which could discredit the public service and the public employee as a whole; 5) features of its classification. The author of the article emphasizes that applying to a civil servant a certain type of legal responsibility not only condemns a civil servant by applying to him a state coercion, but also encourages other persons to behave properly and properly perform their official duties, to prevent committing actions that directly prohibited by applicable law.

scholarly journals TYPES OF MEASURES IMPLEMENTED BY THE NATIONAL POLICE AND THE PLACE OF ADMINISTRATIVE COERCION AMONG THEM

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 79-85
Author(s):  
В. П. Калашнік
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
The State ◽  
General Level ◽  
Public Confidence ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Definition Of ◽  
Justice Restoration ◽  
National Police

The relevance of the article is that the creation of the National Police of Ukraine has become a radically new stage in reforming the law enforcement sector of our state. This central executive body was called not only to ensure the protection and observance of human and civil rights and freedoms, but also to increase the general level of public confidence in the state in general and its law enforcement sector in particular. At the same time, in carrying out their activities, the police implement a number of measures, among which a special place belongs to administrative coercion. The latter, in turn, emphasize the legal relationship between the state and the law enforcement system. Therefore, establishing the place, role and importance of the National Police in the system of law enforcement agencies of the state is of great importance for their proper functioning and efficiency. The article, based on the analysis of scientific views of scientists and the norms of current legislation, identifies the types of measures implemented by the National Police of Ukraine. The content of some measures is revealed. It is stated that in the system of measures implemented by the National Police, one of the key places is given to administrative coercion. The author's definition of the concept of administrative and coercive measures implemented by the National Police of Ukraine is proposed. It is determined that administrative-coercive police measures occupy the main place in the administrative activity of the police, as they provide, in particular: unimpeded preventive measures to prevent offenses; protection of human rights, freedoms and interests, citizens and public order and public safety; cessation of committed offenses; gathering evidence; identification and detention of the offender; bringing perpetrators to justice; restoration of justice in society, etc. Therefore, the more effective the measures of administrative coercion that can be used by the National Police of Ukraine, the better the fight against crime and the more effective the process of crime prevention.

scholarly journals The concept of the legal status of law enforcement agencies

2020 ◽  
pp. 90-94
Author(s):  
V.V. Makarchuk
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Internal State ◽  
Legal Protection ◽  
The State ◽  
Social Needs ◽  
Necessary Condition ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Definition Of

The article is intended to formulate the author’s definition of the concept of the legal status of law enforcement agencies with the subsequent definition of its features. The urgency of the issue outlined in the article is due to the reform processes in the field of law enforcement in Ukraine. The article analyzes different opinions on the definition of «legal status» and «law enforcement agencies». Definitions and some features of law enforcement activity are also analyzed. Emphasis is placed on modern changes in socio- economic and political-legal conditions of law enforcement, the course of our state on European integration, which determine the constant need to reform the law enforcement system to ensure internal security, in accordance with modern social needs and capabilities of the state. It is noted that the country’s law enforcement agencies are key in the system of executive bodies and are a necessary condition for protecting the constitutional order, and ensuring law and order, respect for human and civil rights and freedoms and protection of internal security from internal threats. The structural distribution of the directions of the system of activity of law enforcement bodies is considered: ensuring the internal security of the state; activities for detection, prevention, prevention of crimes and offenses; activities for the protection of internal state security, state border and law enforcement; ensuring internal economic and information security. Each of these areas has its own characteristics that characterize a particular specificity of a body. It is concluded that different conceptual approaches to the legal status of law enforcement agencies in Ukraine are debatable. They can be used for further work towards the formation of a modern effective system of law enforcement, free from duplication of powers and parallelism, based on a modern understanding of their functioning, which is based on the priority of human rights and freedoms, respect for their honor and dignity, security and legal protection.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

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