scholarly journals Features of the qualification of the act related to the risk as a circumstance that excludes the criminal illegality of the act in the medical field

2021 ◽  
Vol 1 (1) ◽  
pp. 221-228
Author(s):  
Anton Baida ◽  
Mariya Pylypenko ◽  
Viktoriya Makitrenko
Keyword(s):  
Law Enforcement ◽  
Risk Taking ◽  
Criminal Code ◽  
Life Situation ◽  
Medical Field ◽  
Law Enforcement Agencies ◽  
Common Features ◽  
The Subject ◽  
The Relationship ◽  
Single Approach

The authors explored the concept of "risk", the peculiarities of its interpretation. It has been determined that risk-taking is not new to the science of criminal law, but there is still no single approach to interpreting the above term. A special article of the Criminal Code of Ukraine, which regulates this issue, contains only the general characteristics of such an act, and the features and criteria for its application are left to the discretion of law enforcement agencies. Given the particular circumstances of each case, they must conclude as to whether the actions of the person contained an urgent need to act risky, whether it was possible to achieve the same goal in a less risky or non-risky way was impossible. The authors also emphasize that in order for an act to be qualified as being committed in conditions of justified risk, it is necessary that a specific life situation testifies to it, and the person acts only to achieve a socially useful goal. It should be noted that in such a situation, the goal set by the subject could not be achieved in any other way, avoiding the risk, and the actions of the person must be commensurate with the danger in which the interests protected by law. In addition, the authors consider the relationship between the concepts of "extreme necessity" and "action associated with risk", highlight their common features and analyze the differences. Thus, in case of extreme necessity, a person does not have the opportunity to choose another behavior other than one that harms law enforcement interests. Failure to perform a risk act will not necessarily cause harm at all. In addition, the risk can be considered justified if there is an opportunity rather than an obligation to achieve a socially useful goal.

scholarly journals THEORETICAL BASES OF EXPERT PREVENTION: CONCEPT AND TASKS

2019 ◽  
Vol 20 (2) ◽  
pp. 151-162
Author(s):  
N. Filipenko ◽  
O. Uhrovetskyi ◽  
O. Sharapova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Important Place ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Conceptual Foundations ◽  
The Relationship

The article analyzes conceptual foundations, views and ideas concerning the essence of expert prevention. The relationship between the concepts of «prevention» and «prevention», which is in contact with each other, is investigated, because one of the main problems of the criminal investigation of the phenomenon of expert prevention is the ambiguity of both scientific understanding and the practical application of the corresponding conceptual-categorical apparatus. It is emphasized that the essence of expert prevention is the influence of the relevant subjects on crime through the use of special professional knowledge. That is, to the subject of forensic examination, should include studies of circumstances on the basis of which can be and should be developed scientific, organizational and technical measures of preventive nature. Proven that among the tasks of preventive nature, which can be solved by the staff of judicial-expert institutions, the development of aimed at forecasting in criminalistic aspects of circumstances contributing to the commission of crimes, taking into account the possibilities of certain types of expert research, should occupy an important place. It is proved that the preventive activities of forensic institutions of Ukraine should be carried out: in the production of examinations in specific criminal, administrative or civil cases; by summarizing expert, as well as forensic investigative practices; in the process of research on expert prevention; by providing on the basis of special knowledge of scientific and practical assistance to government agencies and public organizations in identifying circumstances conducive to the commission of crimes. In order to improve the quality of expert-preventive activities, the staff of the forensic institutions of Ukraine should pay maximum attention to the promotion of preventive activities among representatives of law enforcement and law enforcement agencies. On the basis of the analysis, the author’s definition of expert prevention is given: the activity of a forensic expert based on the laws and by-laws of normative legal acts, aimed at revealing the circumstances contributing to the commission of a crime, and the development of measures for their elimination with the use of special knowledge.

The Police Informer/Handler Relationship: Is it Really Unique?

2003 ◽  
Vol 5 (1) ◽  
pp. 50-62 ◽  
Author(s):  
Roger Billingsley
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Justice System ◽  
Law Enforcement Agencies ◽  
Common Assumption ◽  
Police Service ◽  
The Subject ◽  
The Veil ◽  
The Uk ◽  
The Relationship

The use of informers by the police service in the UK has been the subject of recent research, even though the police service in this country has been protective towards this particular investigative method. It has been revealed from this research that there is a common assumption that the use of informers is quite unique among police relationships. This paper examines whether in fact the relationship between an informer and the police is really that unique, or whether it is the secrecy which surrounds it that provokes such an assumption. The paper relies heavily on a comparison with other relationships, starting with typical professional partnerships, then examining other police relationships. The factors which emerge from these relationships have been compared to police/informer relationships to determine how dissimilar they are. The paper suggests there are in fact many similarities between a police/ informer relationship and other professional partnerships, and concludes that it is probably the secrecy which the police have maintained that has created the assumption that the relationship is unique. It is suggested by the author that if the police/informer relationship became more transparent and accountable then this may lead to law enforcement agencies being less able to hide behind the veil of secrecy, which may help the concept of openness within the criminal justice system.

scholarly journals On exemption from criminal liability for unlawful restriction of competition (the Article 178 of the Criminal Code of the Russian Federation)

2021 ◽  
pp. 1-13
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the notes to the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses; foreign antimonopoly legislation on exemption and mitigation of liability for cartels; decisions of the plenums of higher judicial instances of the Russian Federation regarding the grounds and procedure for exemption from liability for cartel agreements; draft of the federal law on introducing amendments to the Article 178 of the Criminal Code of the Russian Federation and antimonopoly practice on cartels. The article aims to examine the grounds for exemption from criminal liability for cartel agreements, including in comparative-legal and interdisciplinary aspects. The novelty of this research consists in establishing extension of the grounds for exemption from liability in the Russian legislation to all cartel participants (unlike foreign legislation, according to which the cartel facilitator is not exempt from liability). This article is firs to provide interpretation to scantily studied questions of the procedure for realization of the conditions of exemption from criminal liability: the instance, when the cartel participant is still able to declare the restriction of competition to law enforcement agencies, and other measures of reparation of the inflicted damage. The author proposes a method for unification of the the grounds for exemption from liability stipulated by the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses. The acquired results can be applied in the activity of law enforcement agencies.

scholarly journals Interpretation of certain aspects of criminal restriction of competition

2021 ◽  
pp. 48-58
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Implementation ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Tax Legislation ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the norms of antimonopoly legislation aimed at prevention and suppression of cartels, the norms of tax legislation that define the income and establish special tax regime for professional income, the norms of the Chapter 22 of the Criminal Code of the Russian Federation, the draft federal law on amendments to the Article 178 of the Criminal Code of the Russian Federation, and practical implementation of the Article 178 of the Criminal Code of the Russian Federation. The goal of this research is to examine the concept of income derived by the cartel; establish whether self-employed citizens can be the subject of an offence under this category, and clarify the criminal responsibility of the parties to the cartel agreement. The novelty consists in the fact that this article is first to examine the question of attributing the individuals conducting business activity under the special “Professional Income Tax” regime (self-employed citizens) to economic entities (i.e., parties to the cartel agreement). The effective legislation indicates that self-employed citizens do not belong to this group, as they are not state registered. A substantiation is made that a conscious neglect or an indifference to such socially dangerous consequence as income unfeasible: the cartel agreement is aimed at derivation of sizeable income. A consciously indifferent attitude is possible only towards such socially dangerous consequence as infliction of considerable damage. The field of application of acquired results is the activity of law enforcement agencies.

scholarly journals Judicial protection of the rights of the victim (bank-creditor) after the conclusion of the agreement of assignment of the right (requirements) in the conditions of the intentional bankruptcy of the debtor.

2017 ◽  
Vol 1 (3) ◽  
pp. 150-159
Author(s):  
Yuri Truntsevsky
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Creditor Bank ◽  
Scope Of Application ◽  
The Subject ◽  
The Right ◽  
Judicial Protection ◽  
Civil Contract

The subject of analysis in the paper is Russian insolvency legislation? As well as rules ofRussian Criminal Code about insolvency crimes.The purpose of the article is to analyze methods of the judicial protection of the rights ofthe victim (creditor-bank) after the conclusion of the contract of cession of rights (claims)in the context of deliberate bankruptcy of the debtor.The methodology of research includes: analysis, synthesis, induction, deduction, survey,and statistical method.The results, scope of application. Intentional bankruptcy (Art. 196 of the Russian CriminalCode) violates the legitimate property interests of creditors. In particular, the Bank has theright to appeal to law enforcement agencies with a statement about criminal acts committedagainst the Bank that caused damage to the Bank. The creditor has the right to applyfor recognition as an injured person. Such a creditor is harmed by a crime. In the event thatthe Bank deliberately bankruptcy of the debtor harmed, and there is a causal relationshipbetween such actions and the socially dangerous consequences that have occurred, then,as follows from Part 1 of Art. 44 of the Code of Criminal Procedure, this circumstance is aprerequisite for the recognition of the Bank as a civil plaintiff. Such a bank has the right todeclare in the criminal case a civil claim for damages to the bank. The purpose of this articleis to provide judicial protection of the rights of the victim (creditor bank) after concludingthe contract of assignment of the right (claims) in the circumstances of the debtor's deliberatebankruptcy. The research methods are: analysis, synthesis, induction, deduction,questioning and statistical method. The conclusion is drawn that the assignment of claimsunder a civil law contract is not grounds for refusing to recognize the Bank as a victim anda civil plaintiff in a criminal case under Art. 196 of the Criminal Code.Conclusions. The assignment of claims under civil contract is not a ground for refusingrecognition the Bank as the victim and civil plaintiff in a criminal case under Arti. 196 of theCriminal Code.

scholarly journals KAJIAN HUKUM KEWENANGAN PENYELIDIKAN ANTARA KEPOLISIAN, KPK DALAM PEMBERANTASAN PIDANA KORUPSI DARI KELEMBAGAAN NEGARA

2020 ◽  
Vol 17 (1) ◽  
Author(s):  
Sumiaty Adelina Hutabarat
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
National Police ◽  
The Relationship

<p>There are two law enforcement agencies combating corruption, namely the Corruption Eradication Commission (KPK) and the Police, having the same authority, but in implementing authority there are differences, for example in the application of laws that govern the two institutions.The problem that becomes the study of this research is how the problem of the existence of the KPK as an institution to eradicate corruption has the authority regulated in RI Law No. 30 of 2002 concerning the Corruption Eradication Commission, whose authority lies with the Police regulated in RI Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia which refers to the Criminal Code The results of the study showed that the resolution of the dispute between the Police and the Corruption Eradication Commission in the investigation of corruption was carried out by coordinating the Corruption Eradication Commission and the Police in Corruption Criminal Investigations. Law number 30 of 2002 concerning the Corruption Eradication Commission regulates the relationship between the performance of the KPK and the Police regarding investigations, investigations and prosecutions.Settlement of authority disputes between the Police and the KPK should be the authority of the Supreme Court, due to judicial review under the Supreme Court Law. The right to test the law is the application of a balanced and balanced government. The Corruption Eradication Commission was formed by the Law 30/2002 whereas the Indonesian Police was formed by the 1945 Constitution, article 30 paragraph 4.</p><p><strong>Keywords : <em>Authority, investigation, KPK</em></strong></p><p><strong> </strong></p>

scholarly journals Investigations using digital technology

2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

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 Some elements of the forensic characterization of bribery

2021 ◽  
Vol 1 (1) ◽  
pp. 240-244
Keyword(s):  
Interest Rates ◽  
Bank Loans ◽  
Payment Systems ◽  
Electronic Money ◽  
Law Enforcement Agencies ◽  
Official Position ◽  
The Subject ◽  
The Relationship ◽  
Investigation Process

In the article, the authors consider the criminalistics aspect of a corruption crime on the example of bribery, the subject of criminal encroachment, the place and time of Commission. The characteristics and features of methods of committing bribery have been given. It has been concluded that the nature of the mechanism in each specific case is directly related to the way the crimes were committed and the personality of the participants, and their interest in concealing the fact of illegal actions and their high official position always serve as a guarantee of the absence of trace information. Bribery has a high latency and has a direct impact on strengthening the attitude of tolerance in society to the manifestation of such behavior, affects the unwillingness of a significant number of citizens to assist law enforcement agencies in identifying, disclosing and investigating corruption crimes. Recently, electronic money has become widespread, which allows offenders to use the various technical capabilities of numerous electronic payment systems and the Internet. The use of electronic money significantly complicates the process of identifying bribe-givers and bribe-takers. The subject of a bribe, together with money and other property, can be property services rendered free of charge, but payable, and certain material benefits, which should be understood, in particular, the underestimation of the value of the transferred property, privatized objects, a decrease in rental payments, interest rates for use of bank loans, etc. The nature of the subject of a bribe may also indicate the nature of the relationship between the subjects of corrupt relations. Nevertheless, the typical characteristics of the personality of the offender, the subject of the bribe, the method of committing the crime and the mechanisms of trace formation, in any case, are the basis for planning and organizing the investigation process of the acts in question.

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.

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