scholarly journals Problems and competence of police during enforcement of judgments related to imprisonment.

2021 ◽  
Vol 3 (3) ◽  
pp. 251-256
Author(s):  
Dmytro Tinin ◽  
Volodymyr Tymofieiev
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
The Body ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Departmental Management ◽  
The Moment ◽  
National Police

Today, a certain conflict in judicial practice, the current criminal procedural and criminal-executive legislation of Ukraine is the procedure for execution of court sentences related to imprisonment, from the moment they enter into force. At the legislative level, the limits of competence of the National Police officers remain unresolved after the receipt of such a sentence to any police unit and the procedure for their execution. When enforcing a court sentence, law enforcement officers have a number of problems that make it impossible to enforce it, or even inaction is formed on their part. As a result, these factors contribute to convicts evading punishment or committing other crimes at this time. To date, the legislator does not define the competence of the National Police and does not include in its responsibilities the execution of court decisions related to imprisonment. However, when deciding on the determination of the body that will execute such a decision, the judicial institution is guided only at its own discretion or by the materials of the criminal proceedings in which it will be adopted. To solve such problems, it is necessary to correctly determine the procedure for each body to perform its functions. Such decisions cannot be made by the heads of structural subdivisions alone, and therefore this leads to the solution of this problem at the level of departmental management with further amendments to the legislation governing the activities of their sectoral services.

scholarly journals Modern state of the judicial finance-credit examination and the prospects of its development

2020 ◽  
pp. 1-8
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Interdisciplinary Approach ◽  
Law Enforcement Officers ◽  
Modern State ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Judicial Practice ◽  
General Scientific ◽  
Substantive Law ◽  
Court Expert

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

scholarly journals Protection of Victims in Estonia: A Survey Determining the Status Quo After Implementation of the Directive 2012/29/EU

2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Online Survey ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Face To Face ◽  
Legal Professionals ◽  
The Status ◽  
Law Enforcement Officials

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.

scholarly journals Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

2020 ◽  
Vol 17 (3) ◽  
pp. 394-401
Author(s):  
Aleksei Suslikov
Keyword(s):  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Status ◽  
The Moment ◽  
Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented. The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed. The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person. Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

Criminal proceedings

2021 ◽  
Author(s):  
Aleksey Proshlyakov
Keyword(s):  
Law Enforcement ◽  
State Standard ◽  
Legal Education ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Criminal Proceedings ◽  
Law Schools ◽  
Judicial Practice ◽  
Wide Range ◽  
Criminal Procedure Law

The textbook was prepared by the author's team of the Department of Criminal Procedure of the Ural State Law University in accordance with the course program "Criminal Procedure" developed by him, which fully complies with the State Standard of higher legal education (bachelor's, specialist, master's, postgraduate). It takes into account and uses all the changes made to the criminal procedure law, judicial practice, as well as a wide range of scientific and practical works of domestic and foreign procedural scientists. The textbook is provided with a glossary and illustrated with diagrams on the main topics of the course. For students, postgraduates and teachers of law schools and faculties, as well as practicing lawyers, law enforcement officers, researchers

scholarly journals Tactical training of law enforcement officers in the context of a new concept of the National Police of Ukraine

2020 ◽  
pp. 56-62
Author(s):  
Y.I. Davygora
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Professional Training ◽  
Police Training ◽  
Law Enforcement Officers ◽  
Normative Documents ◽  
Existing Problems ◽  
Psychological Behavior ◽  
Tactical Training ◽  
National Police

The analysis of the peculiarities of the official activity of the employees of the National Police of Ukraine and the normative documents that regulate the organization of tactical training in the system of primary professional training and professional training of police officers is carried out. It was stated that the performance of official duties by police officers is associated with constant contact with various segments of the population. There are many cases of encounters with aggressive people who are intoxicated, mentally unbalanced, etc. When confronted with government officials, citizens are often emotionally agitated and may not always respond adequately to law enforcement. In such situations, the tactical training of police officers is important, which is seen as the formation of special motor skills and abilities aimed at ensuring personal safety in the performance of official duties related to contact with the offender. A thorough study of the situations of practical activity of patrol police officers testifies to the existing problems in the tactical training of law enforcement officers. Erroneous actions of employees are partly explained by insufficient knowledge of external manifestations of threats from the offender, psychological behavior, low level of skills of effective communication with "problem people", the ability to control their own mental state in the performance of official duties related to communication with emotionally aroused individuals, the ability to control the situation and the actions of others without escalating conflict Such conditions increase the requirements for tactical training of personnel. It is established that in the context of the service function of the National Police of Ukraine, tactical training needs to be improved. Based on the elaboration of normative documents and scientific literature, the specifics of tactical training of police officers at different stages of professional training are highlighted. The need to improve the system of police training through further practical orientation was stated. Prospects for further research are the need to substantiate, develop and fill the content of situational tasks, which are used during training sessions on tactical training in the system of police training.

scholarly journals Regulatory framework for the fight against corruption in the National Police of Ukraine

2021 ◽  
Vol 39 (68) ◽  
pp. 682-695
Author(s):  
Vasylevych Vitalii ◽  
Mozol Stanislav ◽  
Poklonskyi Andrii ◽  
Poklonska Olena ◽  
Zeleniak Polina
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Effective Means ◽  
Law Enforcement Officers ◽  
Developed Countries ◽  
Legal Framework ◽  
Practical Significance ◽  
Logical System ◽  
International Regulations ◽  
National Police

The objective of the article is to analyze the main international regulations on overcoming corruption in the police, as well as the laws of Ukraine aimed at combating this phenomenon in the National Police. The theme of the study is the analysis of the legal framework for combating corruption in the police. The research methodology includes the following general and special legal methods: dialectical, logical, system-legal, normative-dogmatic, comparative-legal, and legal modeling method. The results of the investigation indicate the most effective means of combating corruption in the police of the most developed countries. By way of conclusion and with practical significance, Ukrainian anti-corruption legislation against police officers has been shown to be repressive, so it cannot be effective without measures to encourage law-abiding behaviour and the sense of anti-corruption of law enforcement officers. Emphasis is placed on the need to take measures to encourage the anti-corruption behaviour of police officers and to enshrine these provisions in relevant regulations.

scholarly journals MODERN TECHNOLOGIES FOR TRAINING AND ADVANCED TRAINING OF POLICE OFFICERS

2021 ◽  
Vol 1 (1) ◽  
pp. 182-188
Author(s):  
Iryna Lopatynska ◽  
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Professional Activity ◽  
Professional Experience ◽  
Advanced Training ◽  
Law Enforcement Agencies ◽  
National Police ◽  
Modern Technologies

The article is devoted to the study of high effectiveness of active forms, methods and technologies of training police officers during educational process. The system of training police officers combines psychological, theoretical and practical aspects It is noted the important tool for the professional activity of law enforcement officers of Ukraine is the study of advanced professional experience of law enforcement agencies in Europe. As the employee of the National Police is focused on effective solving the tasks facing him, but constant psychological support and awareness of the possibility of professional development.

AS AUDIÊNCIAS DE CUSTÓDIA E SEUS REFLEXOS PARA A SOCIEDADE

2018 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Jonathan Cardoso Régis ◽  
Alexsandro Briedis
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
Political Rights ◽  
Individual Subject ◽  
Criminal Sanctions ◽  
Democratic State ◽  
Civil And Political Rights ◽  
The Moment ◽  
The Individual

<p class="resumo">Depois de passadas mais de duas décadas da ratificação pelo Brasil da Convenção Americana de Direitos Humanos e do Pacto Internacional sobre Direitos Civis e Políticos as Audiências de Custódia são oportunamente implementadas pelo Conselho Nacional de Justiça com o intuito de apurar possíveis arbitrariedades e ilegalidades perpetradas pelos agentes policiais na realização de prisões e consistem na apresentação imediata do preso em até vinte e quatro horas do momento da prisão à presença de um juiz de direito para que esse possa analisar os requisitos de autoria e materialidade bem como a necessidade da manutenção da prisão e uma vez declarado qualquer excesso pelos agentes da lei tem a competência de relaxar a prisão aplicando medida cautelar colocando em liberdade o preso e remetendo cópia dos autos para apuração das transgressões supostamente cometidas pelos policiais junto à repartição competente. As Audiência de Custódia ainda figuram sutilmente como mecanismo de controle do Poder Judiciário incumbido de apreciar a prisão em flagrante a fim de evitar injustiças legitimando assim suas decisões quanto ao cerceamento da liberdade do indivíduo submetido às sanções penais impostas pelo Estado Democrático de Direito. Ainda contribuem para desafogar o sistema carcerário brasileiro atualmente em situação de colapso ocasionado principalmente pelo grande número de presos provisórios que ainda aguardam por julgamento, uma vez que a prisão preventiva passa a ser decretada em casos excepcionais e de extrema necessidade.</p><p class="resumo"><strong>Palavras-chave: </strong>Audiência de Custódia. Prisão preventiva. Ordem Pública.</p><h3>THE AUDITS OF CUSTODY AND ITS REFLECTIONS FOR SOCIETY</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>After more than two decades of Brazil's ratification of the American Convention on Human Rights and the International Covenant on Civil and Political Rights, the Custody Hearings are timely implemented by the National Justice Council in order to investigate possible arbitrariness and illegalities perpetrated by police officers in the execution of prisons and consists of the immediate presentation of the prisoner within twenty-four hours of the moment of the arrest to the presence of a judge of law so that it can analyze the requirements of authorship and materiality as well as the necessity of the maintenance of the prison and once declared any excess by law enforcement officers has the power to relax the prison by applying a precautionary measure by releasing the prisoner and submitting a copy of the records to determine the transgressions allegedly committed by the police at the competent office. The Hearing of Custody still figure subtly as a mechanism of control of the Judiciary Power charged with assessing the arrest in flagrante in order to avoid injustices thus legitimizing their decisions regarding the restriction of the freedom of the individual subject to criminal sanctions imposed by the Democratic State of Law. They still contribute to unburdening the Brazilian prison system currently in a state of collapse caused mainly by the large number of temporary prisoners still awaiting trial, since pre-trial detention is decreed in exceptional cases and in extreme need.</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Custody Hearing. Pre-trial detention. Public order.</p></div>

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals PENYELESAIAN KONFLIK PERTANAHAN PADA KAWASAN PARIWISATA LOMBOK (STUDI KASUS TANAH TERLANTAR DI GILI TRAWANGAN LOMBOK)

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Land Dispute ◽  
The People ◽  
Agrarian Law ◽  
The Government ◽  
The Right ◽  
Lombok Island

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.

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