scholarly journals Aspects of Criminal Policy and Law Enforcement Science

2020 ◽  
Vol 20 (3) ◽  
pp. 37-53
Author(s):  
Béla Blaskó ◽  
Anikó Pallagi
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
The State ◽  
Current Status ◽  
Public Security ◽  
The Law ◽  
Scientific System ◽  
The Relationship ◽  
Enforcement Activity

The authors examine the connection between law enforcement activities, law enforcement science and the scientific system of criminal policy, their mutual presumption and interaction. The law enforcement activities serve to uphold law, order and public security against unlawful human behaviours. The criminalisation of certain types of behaviour is a quasi fundamental resultant of law enforcement activity, which may provide criminal policy with a guideline by realising activities dangerous to society, or antisocial during its operation. In addition to the above, however, the relationship is multi-directional as the state receives information on the current status of crimes in the course of the completion of law enforcement tasks, and the quality of the completion of law enforcement tasks fundamentally influences the course of crimes.

Role of the lawyer community in the law enforcement activity of the state

2019 ◽  
pp. 487-497
Author(s):  
Artem Viktorovich Vorob’ev
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Assistance ◽  
Technical Base ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Law ◽  
Enforcement Activity

We consider the importance of advocateship in the process of protecting human rights and freedoms, the interests of organizations, society and the state. We indicate the grounds and circumstances of the provision by lawyers of qualified legal assistance to certain categories of citizens, including on a non-refundable basis. We reveal the importance of the professional and business qualities of a lawyer, as a representative of the lawyer community, in providing legal assistance. We pay attention to the high moral, ethical and legal nature of the lawyers activities, in particular, the moral requirements for the lawyer personality; activity in defending the interests of the grantor (client); legal guarantees for the independence of a lawyer and others. Advocateship, as an institution that does not belong to state power, but to civil society, which has such characteristics as autonomy, independence, cor-poratism, self-government, has a significant role in the law enforcement ac-tivity of the state. Envisage to increase the role of the lawyer community in advocacy, to increase the qualifications of lawyer personnel, expand the rights of lawyers in providing legal assistance, and significantly improve the information and technical base. A number of legislative transformations to increase the effective functioning of the lawyer community, enhancing the professional advocateship independence of the Russian Federation, can be-come productive only when the state ensures the trust of citizens on the part of the lawyer community, it is also necessary to end impunity in the advocacy sphere, and increase the level of legal order and legality, to strengthen the supervision quality of the rights and freedoms of man and citizen observance institution.

scholarly journals The Image of Law Enforcement Agencies: Current Status and Practices to Improve It

2021 ◽  
Author(s):  
Konstantin V. Mordvinov ◽  
◽  
Uliana A. Udavikhina ◽  
Keyword(s):  
Social Networks ◽  
Law Enforcement ◽  
Russian Federation ◽  
The State ◽  
Current Status ◽  
Public Security ◽  
Law Enforcement Agencies ◽  
Current State ◽  
The Russian Federation ◽  
The Law

In the current context of heightened economic and socio-political conflicts around the world, there is a crisis of confidence in the state institutions that provide public security. The authors of the article consider the problem of forming the image of law enforcement agencies in the Russian Federation and abroad as a way to increase confidence in the state system. An analysis of the current state of the Russian law enforcement system’s image is presented as well as the analysis of some reasons for the negative attitude of the population towards employees of penitentiary institutions and the role of mass media in shaping the image of law enforcement agencies. The analysis of the current state of the law enforcement system’s image is supplemented by a review of the results of studies of the reputation of law enforcement bodies in the US and European countries. Successful domestic and foreign practices of reputation enhancement and improvement of interaction with the population are analyzed, such as: informing on the activity and employees of law enforcement agencies in social networks, interaction with the population through specialized electronic portals and social networks, popularization of thematic books, films and TV series etc. The authors of the article proposed a set of measures to form a positive image of the law enforcement system, increase public confidence in the law enforcement agencies of the Russian Federation in the framework of the Center for Public Security and Law Enforcement Research at the North-West Institute of Management of the RANEPA.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals PERBUATAN PIDANA BUGHAH DALAM HUKUM PIDANA ISLAM

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Riswadi Riswadi
Keyword(s):  
Environmental Factors ◽  
Islamic Law ◽  
The State ◽  
Color Differences ◽  
Muslim Intellectuals ◽  
The Law ◽  
To Receive ◽  
The Relationship

During this time, the issue bughah; separatists; the plots tend to receive less attention among Muslim intellectuals. Bughah deeds have made part of a crime (against the law). In Islamic law, a criminal act bughah also still have a different understanding. There is mention, that act bughah set with criminal types had, qishas or criminal ta'zir. Restrictions specified types of criminal is understood in terms of the act, the relationship with the rights, or any other cause in connection with the action against the state or government. Therefore, the range of possibilities can contain different perceptions and motives when trying to explain the quality of the act bughah. Similarly, environmental factors, socio-historical, cultural and political developments also color differences in terms of the substance of the type of criminal act bughah category. Kata kunci: pidana, bughah dan pidana Islam

Indian Democracy and the ‘Moment of Contradiction’

2018 ◽  
pp. 310-362
Author(s):  
Anushka Singh
Keyword(s):  
Law Enforcement ◽  
Liberal Democracy ◽  
The State ◽  
Nuclear Movement ◽  
Dominant Discourse ◽  
The Law ◽  
The Moment ◽  
The Relationship ◽  
Communal Politics

The sixth chapter theorizes the patterns emerging in the working of the law of sedition in India by identifying specific themes along which the law has been used. It focuses on the quotidian life of the law in the hands of the state executives who have the power of law enforcement. It chronicles the various cases of sedition in contemporary times, its use against anti-nuclear movement, students’ organizations, communal politics, the dominant discourse of nation, and so on. Through these narratives, also emerges the idea of sedition in public imaginings and its identification with what is loosely termed as ‘anti-national’ or deshdroh. It also theorizes the relationship between the routine law of sedition and the exceptional or extraordinary counter terror laws. Through the patterns identified, this chapter identifies the Indian liberal democracy being characterized by a ‘moment of contradiction’ in relation to the offence of sedition.

scholarly journals Forms of Operative and Service Activities of the Ukraine’s State Border Guard Agencies (Units): Concepts and Legal Regulation

2019 ◽  
Vol 74 (3) ◽  
pp. 18-23
Author(s):  
V. V. Polovnikov
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
State Official ◽  
Individual Concepts ◽  
Service Activities ◽  
The Law ◽  
Definition Of ◽  
Enforcement Activity

As the objective of this article, the characteristics of the concept and legal regulation of the Ukrainian state border guard agencies’ (units) operative and service activities forms are chosen. Such activity is a type of law enforcement activity. The level of the rule of law compliance of such agencies (units) officials and official persons’ service activities depends on the state of its legal regulation. Based on the analysis of the current Ukrainian legislation and scientific views, the author characterized such forms of operative and service activities as border guard and border control. The author's definition of individual concepts is formulated. In particular, according to the author, Ukraine’s state border guard unit is SBGSU state border guard agency’s structural unit, which is responsible for the state border’s certain section protection. The operative and service activities of such units is one of the forms of its state (official) external activity, which is implemented in the border guard service process and carrying out other measures, in accordance with the law enforcement and other SBGSU credentials, concerning persons and legal entities not subordinate to this unit, which implies the origin of all kinds of social relations. The form of operative and service activities of the respective unit is a system of interrelated measures reflecting the content of law enforcement and other credentials of the State Border Guard Service of Ukraine in a certain direction of its state (official) external activities. The forms of operative and service activities are categorized. It is offered to regulate these concepts at the level of the Law of Ukraine “On the State Border Guard Service of Ukraine” and by-laws.

scholarly journals Law Enforcement Activity of the National Guard of Ukraine on Ensuring Public Security and Order: Problems and Ways of Their Solution

2019 ◽  
Vol 73 (2) ◽  
pp. 58-62
Author(s):  
К. О. Чишко
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
National Guard ◽  
Public Security ◽  
Law Enforcement Agencies ◽  
Organizational Issues ◽  
The Law ◽  
Single Standard ◽  
National Police ◽  
Enforcement Activity

The author has studied the content of normative and legal acts regulating public relations in the field of ensuring public security and order by the National Guard of Ukraine (NGU). The author has paid direct attention to theoretical bases of the concept of “public security” and “public order”. Relevant problems of ensuring public security and order by the NGU have been described; specific ways of eliminating legal and organizational problems of such provision have been suggested. It has been established that the problems of ensuring public security and order by the NGU have normative and legal and organizational nature. According to the author, the elimination of the described problems can be ensured by: the formation of a single standard for ensuring public security and order, in particular by means of a unified approach to assignment and, accordingly, implementation of measures in the field of ensuring public security and order (in the present circumstances, it is quite justified to consider the provisions of the Law of Ukraine “On the National Police” as the basis for the activities of law enforcement agencies in the field of keeping public security and order). The consequences should be the delineation of the NGU’s area of competence for ensuring public security and order, and eliminating contradictions between the laws of Ukraine “On the National Guard of Ukraine” and “On the National Police” and amending administrative and tort legislation and the Law of Ukraine “On the National Guard of Ukraine”. To address organizational issues, it is advisable to strengthen the legal training of the NGU military personnel, in particular in the field of administrative law and procedure, tactical and communicative training; to provide the necessary logistics, including the equipment of the NGU employees, with the means of external identification (badges indicating the special token number).

scholarly journals The criminal policy of the state in the formation of the criminal pro-ceedings measures of protection of rights and interests of citizens

2012 ◽  
pp. 154-158
Author(s):  
I. N. Kondrat
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
State Power ◽  
The State ◽  
Criminal Proceedings ◽  
Leading Role ◽  
The Law ◽  
Rights And Interests

The author examines the influence of criminal policy on the formation of criminal proceedings measures of protection or rights and interests of citizens in the fight against crime. The leading role of criminal policy in the formation and imple-menting of the criminal proceedings policy is shown in the article. On the basis of the juridical content of the lawful politics the author is coming to the conclusion that one can judge about the content of the criminal proceedings policy of the state using the legislatively formulated principles of criminal proceedings. Such policy shows the attitude of the state power to the fight against criminal violations of the interests of individual, society and state, to the proceedings methods and measures of such fight and also to the guarantees against unfounded prosecution and conviction of citizens. First of all the implementation of the criminal proceedings policy depends on the level of the lawful awareness of the law enforcement recipients.

scholarly journals The Principle of Prohibition of the Retroactive Effect of Law: Implementation Peculiarities and Development Tendencies

2020 ◽  
Vol 10 ◽  
pp. 7-13
Author(s):  
Irina A. Aleshkova ◽  
◽  
Anastasia S. Stalnova ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Regulation ◽  
The State ◽  
The Rule Of Law ◽  
Retroactive Effect ◽  
The Law ◽  
The Relationship

The article is devoted to the comprehension, disclosure and description of the principle of prohibition of retroactivity of the law “Lex ad praeteriam non valet” in a systemic relationship with a number of principles of the rule of law. The authors note the relationship between the principle of prohibition of retroactive force of law and the principles of the rule of law and maintaining citizens’ confidence in the law and actions of the state, as well as such trends in its development as substantive stability and liberalization in law enforcement based on the sphere of legal regulation.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

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