scholarly journals Use of coercion by Ukrainian law enforcement authorities: certain aspects.

2021 ◽  
Vol 3 (3) ◽  
pp. 94-101
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Sufficient Conditions ◽  
Labor Law ◽  
Law Enforcement Officers ◽  
Legal Basis ◽  
Objective Reality ◽  
Coercive Measures ◽  
Process Event ◽  
Necessary And Sufficient ◽  
Legal Grounds

The need for scientific research of the grounds for the use of coercion by law enforcement authorities, and especially its component such as physical coercion, is extremely important, as it is possible only if there are sufficient conditions provided by law. The author analyzes the legal and factual grounds for the use of coercion by law enforcement authorities in the field of causal interdependence and interdependence. Police coercive measures, measures to maintain the regime in places of imprisonment and pre-trial detention are revealed. They are applied only in cases when all other forms of pre-trial detention of offenders have been used and have not ensured the fulfillment of duties imposed on law enforcement officers. Emphasis is placed on the fact that each specific case of the use of coercion must have a comprehensive basis (legal and factual). The first component of this set is a dangerous encroachment (act, process, event of objective reality) that threatens harm, or that already harms law enforcement interests (legal basis). The second component is the situation that indicates the impossibility of eliminating, preventing or stopping the specified encroachment in other ways and indicates the need (compulsion) and justification for the use of coercion (factual basis). The author pays special attention to the analysis of Ukrainian legislation in order to study the legal grounds for the use of coercive measures by various law enforcement authorities. These legal relations are regulated by the norms of administrative, criminal procedure and correctional labor law. They clearly outline the desire of the legislator to limit the infliction of harm only to the minimum that is really necessary and sufficient to achieve the socially useful goals provided by law. Causing damage that exceeds this minimum is considered illegal.

scholarly journals Regulatory support and legal grounds for the coercion by the law enforcement agencies of Ukraine

2021 ◽  
Vol 2 (2) ◽  
pp. 84-91
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Framework ◽  
Diplomatic Relations ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
Special Means ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Legal Grounds

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws

scholarly journals Legal regulation and grounds for theuse of coercive measures by law enforcement bodies of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 98-105
Author(s):  
Denys Sfvchuk
Keyword(s):  
Law Enforcement ◽  
National Guard ◽  
Law Enforcement Officers ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Basis ◽  
Coercive Measures ◽  
Two Factors ◽  
The Right ◽  
National Police

The issue of regulatory and legal support for the use of coercion by authorized entities, as well as the grounds for the application of coercive measures by such bodies have been studied. According to the results of the study, it is concluded that the legal regulation of law enforcement agencies to apply coercive measures is carried out by a certain system of legislation, consisting of a large number of regulations that differ from each other in many ways and is a hierarchical system based primarily on the Constitution of Ukraine. At the same time, the legal grounds for the use of coercion by law enforcement officers are enshrined in the hypotheses of the norms of only certain regulations - the Laws of Ukraine "On the National Police", "On the National Guard", "On Pre-trial Detention", "On the Military Law Enforcement Service in Armed Forces of Ukraine ”as well as the Criminal Executive Code of Ukraine. The rest of the laws, although giving law enforcement officers the right to apply force, contain blanket rules that refer to the above three regulations to clarify the legal basis for their application, mainly to the Law on the National Police. It is also determined that the limits of harm caused by a law enforcement officer during the appli-cation of coercive measures must be commensurate with two factors: first, with the potential for danger to law enforcement interests (legal basis), and secondly, with the situation in which turned out to be the subject of coercion during the elimination of the specified non-security (factual basis). These two factors, combined, are nothing more than a complex basis of harm to the offender. And the actions of law enforcement officers will only be morally justified and permitted by law if the damage they caused is commensurate with both factors of the cause that caused it, ie the reason for the damage. The article expresses the opinion that the researched issues reflect the opposition of public and private interest, which is solved using the universal principle of proportionality. It is in this way that the legal regulation is carried out, where the legislator approaches the infliction of harm as a result of the use of force in a differentiated manner.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

Administrative Coercion in the Activity of Law Enforcement Bodies

2019 ◽  
Vol 10 (3) ◽  
pp. 787
Author(s):  
Zhanar KEGEMBAYEVA ◽  
Abzal ABDIKHALIKOV
Keyword(s):  
Law Enforcement ◽  
International Experience ◽  
Coercive Measures ◽  
Legal Coercion ◽  
The Republic ◽  
Legal Grounds

This research dwells on the concept, specifics and classification of administrative and legal coercive measures used in the activities of law enforcement bodies. The authors of the article consider legal grounds for their application and the system of bodies applying administrative coercion as two separate phenomena. They also provide general characteristics of the international application of administrative coercive measures and address the issues of applying the chosen measures of administrative and legal coercion. The article aims at analyzing the notions, features and general characteristics of the main administrative coercive measures used in the activities of law enforcement bodies in the Republic of Kazakhstan. The paper presents conclusions and suggestions on the implementation of administrative and legal coercive measures used by law enforcement bodies. In addition, it considers the possibility of utilizing international experience in training employees who apply administrative coercive measures.

scholarly journals The problems of the criminal law qualification of murders committed based on national hatred

2020 ◽  
Vol - (1) ◽  
pp. 13-18
Author(s):  
A.I. Glushkov ◽  
◽  
A.B Gadzhiev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Law Enforcement Officers ◽  
Legal Basis ◽  
Legal Literature ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of the legal basis of criminal responsibility for committing murders motivated by national hatred, regulated by the norms of the criminal legislation of the Russian Federation. Legal literature, legislative acts, as well as judicial and investigative practice on this issue are analyzed. On the basis of the research, the author identifies the features of the criminal-legal qualification of murders of this category, the problems faced by law enforcement officers in this regard, as well as substantiated proposals to improve the criminal legislation and practice of its application.

scholarly journals Penerapan Peraturan Daerah Kota Denpasar Nomor 3 Tahun 2015 Tentang Pengelolaan Sampah

2020 ◽  
Vol 1 (1) ◽  
pp. 78-83
Author(s):  
Dewa Gede Agus Anjaswara ◽  
I Gusti Bagus Suryawan ◽  
Luh Putu Suryani
Keyword(s):  
Law Enforcement ◽  
Waste Management ◽  
Government Regulation ◽  
Law Enforcement Officers ◽  
Criminal Court ◽  
City Government ◽  
Legal Basis ◽  
Community Factors ◽  
Inhibiting Factors ◽  
The City

The city of Denpasar has not been able to carry out waste management properly, even though waste management is very important to reduce the volume of waste, and it can even use waste into useful objects or products. Denpasar City tries to manage waste in Denpasar. The purpose of this research is to find out how the implementation of Denpasar City Regulation Number 3 of 2015 concerning Waste Management and to find out the supporting and inhibiting factors of the enactment of Denpasar City Government Regulation Number 3 of 2015 concerning Waste Management. This study was designed using empirical legal research with a statutory approach. The data collection techniques used in the study were interviews and documentation. The results show that the action of the Denpasar city government against violations of the Regional Regulation of the City of Denpasar Number 3 of 2015 concerning waste management is to implement minor crimes against offenders where those who violate are tried in light criminal court (Tipiring). Then, the supporting and inhibiting factors for the enforcement of Regional Regulation Number 3 of 2015 on Waste Management are the legal basis for cleanliness management that has been issued by the Denpasar City Government in the form of Legislation, Regional Regulations, and the Mayor of Denpasar. Inhibiting factors for the enforcement of Sanctions by Regional Regulation No.3 of 2015 on Waste Management, namely factors of law enforcement officers, facilities and infrastructure factors, and community factors.

scholarly journals Penerapan Undang-Undang No 8 Tahun 2010 Tentang Pencegahan Dan Pemberantasan Tindak Pidana Pencucian Uang (TPPU) Terhadap Penegakan Hukum Pidana Pencucian Uang (Money Laundering) Terhadap Tindak Pidana Kehutanan (Illegal Logging)

2020 ◽  
Vol 19 (3) ◽  
pp. 499-508
Author(s):  
Dewi Ervina Suryani
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Financial Institutions ◽  
Legal System ◽  
Law Enforcement Officers ◽  
Cash Flows ◽  
Illegal Logging ◽  
Legal Basis ◽  
The Law

Money Laundering is a double crime that is continued crimes that frequently occur in Indonesia. This is indicated by the form of illegal money laundering as a crime that is a follow-up crime, while the main crime or crime of origin is known as predicate offense or core crime or there are countries that formulate it as unlawful activity, namely predicate crimes that generate money which are then carried out in the money laundering process (Money Laundering). As for one form of money laundering crime (Money Laundering), namely forestry crimes which are considered as predicate of crimes in the legal system as referred to in Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering, of course it provides a legal basis for the law enforcement officers to carry out investigations and investigations as well as pursuing various suspicious transactions from financial institutions in order to seek cash flows that will eventually lead to intellectual actors holding funds for illegal logging activities. Although there are legal instruments that contain provisions of laws and regulations in the field of forestry and the environment, namely the Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction and the Law Number 32 of 2009 concerning Environmental Protection and Management. However, in practice, the law enforcement has not been able to embrace the conception of understanding that in trapping perpetrators using the principle approach, it is suspected or should be suspected of having committed the crime of money laundering. What is being done now is to arrest the illegal logging actors who carry out

The extinction time of a general birth and death process with catastrophes

1986 ◽  
Vol 23 (04) ◽  
pp. 851-858 ◽  
Author(s):  
P. J. Brockwell
Keyword(s):  
Laplace Transform ◽  
Size Distribution ◽  
Sufficient Conditions ◽  
Necessary And Sufficient Conditions ◽  
Death Process ◽  
Extinction Time ◽  
Birth And Death Process ◽  
Different Types ◽  
The Laplace Transform ◽  
Necessary And Sufficient

The Laplace transform of the extinction time is determined for a general birth and death process with arbitrary catastrophe rate and catastrophe size distribution. It is assumed only that the birth rates satisfyλ0= 0,λj> 0 for eachj> 0, and. Necessary and sufficient conditions for certain extinction of the population are derived. The results are applied to the linear birth and death process (λj=jλ, µj=jμ) with catastrophes of several different types.

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