scholarly journals The influence of the Recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment for implementing amendments to the Ukrainian criminal executive legislation

2021 ◽  
Vol 1 (1) ◽  
pp. 98-103
Author(s):  
Kateryna Hridina ◽  
Darya Lavrenko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The State ◽  
International Standards ◽  
National Legislation ◽  
European Committee ◽  
Degrading Treatment ◽  
The Impact

The article examines the activities of the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment to protect the rights of persons deprived of their liberty. An analysis of the Committee's reports on the results of visits to Ukraine was made. Standards for the prevention of torture or inhuman or degrading treatment or punishment, as well as their reflection in national criminal law enforcement and enforcement, have been identified. Thus, the role of the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment in the protection of the rights of persons deprived of their liberty and the impact of its recommendations on amendments to the criminal executive legislation of Ukraine have been identified. The Committee's activities are aimed at strengthening the protection of persons deprived of their liberty against torture or inhuman or degrading treatment or punishment. Based on the principle of cooperation and obligations under the Convention, the state is gradually introducing changes to national legislation in order to bring them into line with international standards. In general, there are positive changes and improvements in the conditions of detention of convicts.

scholarly journals The Impact of International Social Security Standards on Formalization of Social Risks in National Legislation

2017 ◽  
pp. 97-105
Keyword(s):  
Social Security ◽  
The State ◽  
Point Of View ◽  
International Standards ◽  
The Self ◽  
International Treaties ◽  
National Legislation ◽  
Social Risks ◽  
Security Standards ◽  
The Impact

The article deals with the international standards of social security from the position of stipulation of social risks in them. On the basis of the state self-limitation theory, the author concludes that there exists a process of self-limitation in the field of social security. By ratification of international treaties establishing standards in the field of social security, a state limits itself. Thereby the state makes a commitment to support its citizens in prevention, overcoming, and compensation of social risks. It demands from the state to formalize the social risks in the national legislation. It is proved that formalization of social risks in national legislation is an inner aspect of the self-limitation process in the field of social security. Some social risks might be also stipulated in international documents, in particular, in the UN and the International Labour Organization instruments. Both internal and external aspects of the self-limitation process in the field of social security are in close interrelation. At the same time, implementation of certain international standards entails significant financial and organizational budget expenditures, therefore such standards can be implemented in part. From the author’s point of view, it is the internal aspect of self-limitation that serves as a guarantee from arbitrariness of a legislator in formalization of social risks.

CRIMINAL LAW FORMULATION POLICIES RELATED TO CORPORATE CRIME

2020 ◽  
Vol 2 (1) ◽  
pp. 17-24
Author(s):  
I Kadek Darma Santosa
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Criminal Law ◽  
Research Method ◽  
Corporate Crime ◽  
Daily Life ◽  
Secondary Data ◽  
The State ◽  
Political Structure

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

Criminal law impact in the mechanism of ensuring national security

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

The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.

scholarly journals REGULATORY PROVISION OF PUBLIC PROCUREMENT SYSTEM IN THE CONTEXT OF EUROPEAN INTEGRATION OF UKRAINE

Management ◽  
2020 ◽  
Vol 30 (2) ◽  
pp. 75-85
Author(s):  
Lyubov V. Murovana
Keyword(s):  
European Integration ◽  
Social Life ◽  
Public Procurement ◽  
The State ◽  
International Standards ◽  
Systematic Analysis ◽  
National Legislation ◽  
The Public ◽  
Procurement System ◽  
The Impact

Introduction. One of the main directions of Ukraine in international cooperation is the Euro integration process. The main purpose of which is the implementation of national legislation to European standards, with further adaptation and modification in accordance with international rules and regulations.Scientific research hypothesis. Any integration processes are quite complex and time-consuming, but they are necessary to improve the performance of the field in which they take place. Ukraine's European integration is aimed at ensuring the development of the spheres of political, legal, economic and social life of the country, including public procurement system in Ukraine.The purpose of the study is to analyze the impact of integration processes on the current regulatory framework of the public procurement system in Ukraine.Research methods. General and special methods, such as systematic analysis and generalization, were used to determine the state of disclosure of the research problem. The method of comparisons, analogies and systematization was used for the analysis of regulatory documents regulating the sphere of public procurement.Results. On the basis of the author's study of the current state of legal support of the public procurement system in the context of European integration of Ukraine, a gradual distribution of the evolution of national legislation in the field of public procurement to international standards was presented, with its further reformation into the field of public procurement. The basic functions of the institutional structure of the public procurement system are considered and the valid legal acts of the procurement process are summarized.Conclusions. The analysis of the process of reforming the system of "public procurement" in the field of "public procurement" is characterized by a rethinking of the spending units of public funds with the need to approximate national legislation to international standards. For this purpose, a number of normative legal acts have been adopted by the state authorities aimed at accelerating the process of European integration of Ukraine, but some of them require further research and adjustments in order to adapt to national legislation.

scholarly journals Tendencje prywatyzacji prawa karnego a ujmowanie społecznej szkodliwości jako podstawy kryminalizacji

2017 ◽  
Vol 43 ◽  
pp. 131-151
Author(s):  
Dagmara Gruszecka
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Social Harm ◽  
Role Of The State ◽  
Social Harmfulness ◽  
The Impact ◽  
Characteristic Relationship

Tendencies to privatise criminal law and recognition of social harm as the basis of criminalisationIn the changing social reality, the classic scheme of criminal liability with its characteristic relationship between the state and the parties involved no longer meets the needs of effective but fair response to the criminal acts. Consequently, the object of the scientific and legislative debate becomes the phenomenon of privatisation also called in the literature the civilization phenomenon of criminal law. With the acceptance of the assumption that the basis for the criminalisation of any conduct must be its social harmfulness, the paper concerns the problem of the impact which re-evaluation of the role of the state and the concept of discourse and restorative justice have on the above mentioned criterion. The author tries to demonstrate that these phenomena and introduction to the criminal law elements of private law must be reflected also with respect to the understanding and evaluation of social harmfulness.

scholarly journals Police Officers as Victims

2017 ◽  
Vol 81 (1) ◽  
pp. 33-49
Author(s):  
Osman Isfen ◽  
Regina E Rauxloh
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Police Officer ◽  
Criminal Law ◽  
Police Officers ◽  
State Power ◽  
The State ◽  
Clear Understanding ◽  
The Status

While there is plenty of research into crime committed by police officers, surprisingly little debate can be found regarding the situation where a police officer becomes a victim. This is remarkable as the police not only embody criminal law enforcement but also epitomise state power. Based on a comparative study, this article examines how criminal law in England and Germany deals with attacks against police officers through separate criminal offences as well as increased sentences. The authors examine how the use of criminal law reflects on the state’s perception and valuation of the role of the police officer. It will be shown that while in England there is the clear understanding that the status of the victim as police officer has an aggravating effect, Germany strongly opposes the idea that the office-holder deserves more protection than ordinary citizens. On the contrary, the law takes in consideration that the offender finds him- or herself in a vulnerable situation when faced with the power of the state.

scholarly journals Current state of regulatory provision in the field of waste management in Ukraine

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Kidalov Serhii ◽  
Keyword(s):  
Waste Management ◽  
European Integration ◽  
Waste Disposal ◽  
The State ◽  
International Standards ◽  
Environmental Damage ◽  
Scientific Article ◽  
Legal Doctrine ◽  
National Legislation ◽  
The Impact

The article is devoted to the study of the state of regulatory support in the field of waste management in Ukraine and the search for proposals to improve national legislation, which is an indicator of national security at both environmental and economic levels. Also, the scientific article provides a detailed analysis of legislation in the field of waste disposal in Ukraine and examines the impact of legal doctrine on the development of national legislation in this area. As for the improvement of regulatory support in this area, in the process of research we provide examples of already effective international standards, which as a result of their implementation in Ukraine have the opportunity to improve the situation in the field of waste management and disposal. Conducting research on the state policy of Ukraine in the field of waste management, it is determined that it is based on the principles of openness, accountability, transparency of public authorities; public participation in the formation of public policy; observance of ecological rights of citizens; encouragement to conduct environmentally responsible business and environmentally conscious behavior of citizens; prevention of environmental damage; international cooperation and European integration. It should be noted that the situation with waste disposal is uncontrolled, to confirm this there is a large number of illegal landfills, which is a threat of environmental catastrophe. The reason for this situation, in our opinion, is outdated, partially ineffective legislation and problems of implementation of European standards, which aim to regulate the legal basis in the field of waste management in Ukraine. Accordingly, the establishment of clear rules and the introduction of influential sanctions in case of their violation is a component of the ecological balance and economic development of the country. Keywords: waste disposal, landfills, environmental status, European integration

Requirements for paying attention and effectiveness to foreign criminal laws and sentences in the national territory: Developments, obstacles and solutions

2021 ◽  
Vol 15 (5) ◽  
pp. 1225-1230
Author(s):  
M. B. Ghazani
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Fair Trial ◽  
International Standards ◽  
Spatial Context ◽  
Criminal Jurisdiction ◽  
Foreign Law ◽  
The Impact

The comprehensive application of the principle of sovereignty of territories in the territory by the instrument of criminal jurisdiction, despite the justifications for it, has changed, so that the effectiveness of foreign laws and rulings in recent years in the light of human rights concepts and fair trial standards have been adjusted. Many countries have relinquished their sovereignty by anticipating examples of foreign law enforcement and have preferred the interests of the accused. The impact of our country's criminal law on this process has gone through various stages, from absolute silence to It has a logical effectiveness and absolute denial and finally a slow move towards international standards in its record. The conditions of the appointed judge, the rule of denying the mustache and some unreasonable precautions of the legislator in this regard can be seen as an obstacle to the evolution of our country's criminal law to expand the spatial context. Keyword: Foreign Judgments, Effectiveness, Foreign Criminal Law

scholarly journals Assessing the impact of libraries – the role of ISO 16439

2018 ◽  
Vol 119 (1/2) ◽  
pp. 87-93 ◽  
Author(s):  
Claire Creaser
Keyword(s):  
Design Methodology ◽  
International Standards ◽  
Content Type ◽  
International Standard ◽  
The World ◽  
The Difference ◽  
Library Impact ◽  
The Impact

Purpose Library impact and how to evaluate it has been debated for a number of years. While the activity – the busy-ness – of the library is now routinely measured and described, the difference the library makes is less tangible and harder to measure. Libraries in all sectors and worldwide are grappling with this issue, and the purpose of this paper is to summarise international standards available to support them. Design/methodology/approach The first international standard concerning library impact, ISO 16439 Information and documentation – methods and procedures for assessing the impact of libraries, was published in 2014 after several years in development. Findings The standard describes a range of methods for assessing library impact which have been used across the world in a variety of libraries in all sectors. Originality/value This paper summarises the key methods described in the standard, and gives references for further reading.

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