scholarly journals Problematic Issues of Calculating the Size of Damage from the Use of Land Plots for Other Purposes within the Practice of Law Enforcement Agencies

2021 ◽  
Vol 80 (1) ◽  
pp. 117-123
Author(s):  
І. В. Бригадир ◽  
І. В. Панова
Keyword(s):  
Mathematical Modeling ◽  
Land Use ◽  
Law Enforcement ◽  
Soil Cover ◽  
Soil Layer ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
Land Plot ◽  
Legal Method ◽  
Law Making

The authors have studied the land legislation and the practice of its application in regard to the calculation of the amount of damage from the use of land plots for other purposes. The method of calculating the amount of damage from the specified use of land plots has been improved. The foundations of the research methodology constitute: comparative and legal method, which assisted to study the requirements of EU and Ukrainian legislative acts; the method of systematic analysis, which allowed to reveal the legal mechanisms for calculating the amount of damage caused to the state and territorial communities from the use of land plots for other purposes; method of mathematical modeling, which allowed to form propositions for improving the formula of calculating the damage caused by the misuse of land plots. The result of the study was the justification for making changes to the Methodology of determining the amount of damage caused by unauthorized occupation of land plots, misuse of land plots, removal of soil cover (fertile soil layer) without special permission. It has been offered to include a coefficient that takes into account the term of land use for other purposes in the direction of increasing the multiple of the number of years of land use into the formulas № 3 and № 4 of the Methodology. The authors have proved the necessity of introducing a separate formula for calculating the amount of damage caused by the use of land plot for other purposes, in case of impossibility to return the land plot to a condition suitable for further use for its intended purpose, or failure to accomplish such a return for other reasons. The results of the research can be used in law-enforcement practice to determine the amount of damage caused by unauthorized occupation of land plots, the use of land plots for other purposes, as well as in law-making activity to improve legal mechanisms to prevent misuse of land plots.

scholarly journals Contemporary forms and methods of counteracting narcotization of the youth

2020 ◽  
Vol 9 (28) ◽  
pp. 377-385
Author(s):  
Anatoliy Trokhymovych Komziuk ◽  
Ruslan Semenovych Orlovskyi ◽  
Bohdan Mykhailovich Orlovskyi ◽  
Taisa Vasylivna Rodionova
Keyword(s):  
Law Enforcement ◽  
Developed Countries ◽  
Law Enforcement Agencies ◽  
Lower Efficiency ◽  
Systematic Analysis ◽  
Legal Method ◽  
The Developed Countries ◽  
Definition Of ◽  
Major Factors ◽  
Preventive Methods

The purpose of the paper is to examine the most efficient forms and methods of counteracting narcotization in society, especially of the youth, and also to characterize the most important factors of the proliferation of narcotization. The authors used the following methods in the research: dialectical, dogmatic, method of systematic analysis and comparative-legal method. The paper analyses forms and methods of counteracting narcotization of the youth in Ukraine and worldwide. It elaborates the definition of the following terms: “narcotization”, “counteracting narcotization”, “forms of counteracting narcotization” and “methods of counteracting narcotization”. It ascertains that emerging and proliferation of narcotization has a direct correlation with the complex of social factors, each one of them obtained a specific characteristic. Besides analyzing the major factors of emergence and proliferation of narcotization of the youth, the paper gives particular attention to defining forms, methods and means of counteracting this socially harmful phenomenon. The paper studies positive experience in regard to activities of law enforcement agencies of the developed countries in the sphere of counteracting narcotization, including narcotization of the youth. It emphasizes that coercive methods of reducing narcotization have much lower efficiency compared to preventive methods that are generally more humane and economically efficient. The paper formulates the conclusion about the necessity of ongoing engagement of the community in counteracting narcotization of society, especially of the youth.

scholarly journals Dugenets A.S. Administrative liability: features of legal relations involving correctional agencies

2020 ◽  
Vol 4 (4) ◽  
pp. 115-123
Author(s):  
Dmitry A. Grishin ◽  
Alexander S. Dugenets
Keyword(s):  
Law Enforcement ◽  
Public Safety ◽  
Practical Implementation ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
The Public ◽  
Detention Centers ◽  
Legal Relationship ◽  
Relationship Of ◽  
Administrative Responsibility

The subject of the research is the modern administrative law and administrative procedural doctrine shaping the view of the contents and nature of the legal relationship of administrative liability involving correctional agencies. The purpose of the article is to confirm or disprove the hypothesis about significant features of legal relations of administrative liability arising, developing and terminating in the field of execution of criminal penalties. The methodology includes systematic analysis of legal academic literature, interpretation of Russian legislation on administrative offences. The main results. The static (universal for all law enforcement agencies) structure of the institution of administrative liability acquires its qualitative originality in the process of its practical implementation in the law enforcement activities of the relevant bodies and officials authorized by the state to bring to administrative responsibility through appropriate legal relations. The main part of the legal relations of administrative responsibility that develop in the activities of correctional institutions and pre-trial detention centers are of a security nature. These relations are primarily aimed not at implementing the main tasks of the legislation on administrative responsibility, but at achieving the basic goal of the func- tioning of penitentiary institutions, i.e. ensuring the public safety of objects of the Federal Penitentiary Service of Russia. Identification and proper procedural registration of the fact of an administrative offense will be the basis for the emergence of the corresponding protective legal relationship. The authors make proposals aimed at improvement of normative regulation and practice of application of administrative coercive measures, enforced by employees of the Federal Penitentiary Service of Russia. It is necessary to radically change the approach to the administrative and jurisdictional practice of correctional agencies by expanding the application of administrative responsibility to convicted persons and persons held in pre-trial detention centers. Conclusions. Administrative liability relations involving correctional agencies have specific features. The application of such liability is aimed at maintaining the normal legal regime and ensuring the public safety of the relevant penitentiary facility. Administrative responsibility should be applied by correctional agencies to citizens who are located on the territory of the penitentiary institution and pre-trial detention center, civil personnel of the penitentiary system and special agents. A doctrinal definition of the legal relationship of administrative liability involving correctional agencies is formulated by authors.

scholarly journals Peningkatan Koordinasi Struktur dalam Penegakan Hukum Illegal Fishing di Aceh

2020 ◽  
Vol 22 (3) ◽  
pp. 531-546
Author(s):  
Adwani Adwani ◽  
Sulaiman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Law Enforcement Agencies ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Legal Method ◽  
Research Findings ◽  
The Law

Tujuan penelitian ini untuk menganalisis bagaimana koordinasi struktur dalam penegakan hukum terhadap penangkapan ikan ilegal di perairan Aceh. Analisis ini berdasarkan pemahaman bahwa pemanfaatan sumber perikanan yang dilakukan oleh kapal perikanan harus selalu berdasarkan izin. Khusus bagi nelayan kecil dikecualikan. Realitasnya penangkapan ikan banyak terjadi secara ilegal, sehingga perlu dilakukan penegakan hukum terhadap pelaku pelanggaran. Penelitian ini menggunakan metode sosio-legal, dengan melihat hukum yang tidak terpisahkan dari berbagai faktor lain. Temuan penelitian menunjukkan bahwa penegakan hukum belum terlaksana secara efektif. Struktur yang terlibat dalam penegakan hukum di laut adalah Penyidik Pegawai Negeri Sipil, Tentara Nasional Indonesia Angkatan Laut, dan Kepolisian Air dan Udara. Penegakan hukum dilakukan melalui pengawasan dan penangkapan terhadap kapal-kapal yang melakukan penangkapan ikan secara ilegal. Sebanyak 36 kapal ditangkap dan dikenakan sanksi hukumnya. Koordinasi struktur dalam penegakan hukum masih kurang. Disarankan supaya dilakukan penegakan hukum secara terus-menerus yang efektif dan dilakukan koordinasi secara intensif antara para penegak hukum dengan memperkuat personil dan peralatan dalam penegakan hukum di laut. Improvement of Structural Coordination in Illegal Fishing Law Enforcement in Aceh This study aims to analyze the structural coordination in law enforcement against illegal fishing on the Aceh coast. This analysis is based on the understanding that the use of fisheries by fishing vessels must always be based on a permit. Especially for small fishermen it is excluded. In fact, many fishing occurs illegally, so it is necessary to enforce the law against the perpetrators. This research uses the socio-legal method, by looking at the law that is inseparable from various other factors. Research findings indicate that law enforcement has not been implemented effectively. The structures involved in the law enforcement are Civil Servant Investigators, the Indonesian National Army, the Navy, and the Air and Water Police. Law enforcement is carried out through the supervision and arrest of vessels fishing illegally. A total of 36 ships were arrested and subject to sanctions. Structural coordination in law enforcement is lacking. It is recommended that effective continuous law enforcement and intensive coordination between law enforcement agencies be carried out by strengthening personnel and equipment in law enforcement at sea.

scholarly journals Kewenangan BPK dan BPKP dalam Menentukan Kerugian Keuangan Negara pada Perkara Korupsi

2021 ◽  
Vol 10 (2) ◽  
pp. 344
Author(s):  
I Made Fajar Pradnyana ◽  
I Wayan Parsa
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Certainty ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
The Republic ◽  
Financial Losses ◽  
Legal Entities

The purpose of this research is to describe the related authority possessed by the BPK and BPKP in determining state financial losses so that the judges who handle cases of corruption can use calculations from the institutions that have been mandated by the 1945 Constitution of the Republic of Indonesia in determining state financial losses in order to achieve legal certainty. The dualism of institutions in determining state financial losses results in overlapping powers which have an impact on the credibility of these institutions. This certainly affects practice in the field, one of which is legal certainty that is not guaranteed in implementing law enforcement against corruption, it is very possible that every agency that calculates losses incurred by the state uses different calculation techniques, and in the end, the reports given are also different. so that it can affect the performance of law enforcement agencies in dealing with allegations of corruption. The author uses the normative legal method in this research, through two kinds of approaches, namely statutory and conceptual. The results showed that the BPK authority as an independent institution to measure and determine state losses, whether committed by individuals or legal entities, while the BPKP authority as an institution under the president has the duty to ensure that the management of government state finances in the sense of the executive is good, so that the panel of judges handling criminal acts of corruption uses calculations from the national institution, namely the BPK which is mandated by the 1945 Constitution of the Republic of Indonesia. Tujuan dari penelitian ini yaitu untuk Menjabarkan terkait kewenangan yang dimiliki BPK dan BPKP dalam menentukan kerugian keuangan negara sehingga majelis hakim yang menangani kasus tindak pidana korupsi dapat menggunakan perhitungan dari Lembaga yang telah diamanatkan oleh UUD NRI 1945 dalam menentukan kerugian keuangan negara agar tercapainya kepastian hukum. Dualisme institusi dalam menentukan kerugian keuangan negara menghasilkan kekuasaan yang tumpang tindih yang berdampak pada kredibilitas institusi ini. Hal ini tentu mempengaruhi praktek di lapangan, salah satunya kepastian hukum yang tidak terjamin dalam menerapkan penegakan hukum terhadap tindak pidana korupsi, sangat memungkinkan bahwa setiap lembaga yang menghitung kerugian yang ditimbulkan negara menggunakan teknik penghitungan tidak sama, dan pada akhirnya, laporan yang diberikan juga berbeda sehingga dapat mempengaruhi kinerja lembaga penegak hukum dalam menangani tuduhan korupsi. Metode hukum normatif digunakan penulis dalam riset ini, melalui dua macam pendekatan yaitu perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa otoritas BPK selaku lembaga bersifat independen untuk mengukur dan menentukan kerugian negara baik yang dilakukan oleh seseorang ataupun badan hukum, sementara otoritas BPKP sebagai institusi yang berada di bawah  presiden yang bertugas untuk memastikan bahwa pengelolaan keuangan negara pemerintah dalam arti eksekutif sudah baik, sehingga majelis hakim yang menangani tindak pidana korupsi menggunakan perhitungan dari Lembaga nasional yaitu BPK yang diberikan amanat dari UUD NRI 1945.

scholarly journals The Experience of the International Cooperation in Organized Crime Combating

2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Organized Crime ◽  
Practical Importance ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Transnational Organized Crime ◽  
Legal Method ◽  
Russian Law ◽  
Drugs And Crime

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.

scholarly journals Genesis of the Institute of Interaction of the State Border Guard Service of Ukraine with Other Law Enforcement Agencies

2019 ◽  
Vol 75 (4) ◽  
pp. 38-42
Author(s):  
І. І. Baidyuk
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Historical Aspects ◽  
Security And Protection ◽  
Scientific Cognition ◽  
Legal Method ◽  
Joint Forces ◽  
General Scientific

The article is focused on the research of historical aspects of interaction between the State Border Service of Ukraine with other law enforcement agencies of Ukraine, which is conditioned by the importance of the tasks assigned to the State Border Service of Ukraine on the security and protection of the state borders, especially in the current conditions of integration of the state into the European space, by reforming a number of law enforcement agencies of Ukraine, the creation of new law enforcement structures and, accordingly, the need to improve existing or establish new cooperation mechanisms of interaction between the above entities. Both general scientific and special methods of scientific cognition made possible to achieveg the set goal and objectives of the study. The central method of the research was the historical and legal method, which allowed to reveal both the historical aspects and the legal basis of interaction of the State Border Service of Ukraine with other law enforcement agencies at different stages. The peculiarities of the interaction of the state border protection agencies with other state entities have been clarified since the V century, when the need for the protection of state borders was first realized and the relevant agencies were created. The author has determined law enforcement agencies that interact with the State Border Service of Ukraine nowadays and the legal basis of such interaction. Particular attention has been paid to the specifics of carrying out interaction of the State Border Service of Ukraine with other law enforcement agencies within the framework of the special border operation “Border”, as well as on the territory of the operation of the joint forces.

scholarly journals VICTIMOLOGICAL ASPECTS OF ILLEGAL POSSESSION OF VEHICLES

2020 ◽  
pp. 52-60
Author(s):  
С. А. Мозоль
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Crime Victimization ◽  
Crime Victim ◽  
Law Enforcement Agencies ◽  
Mathematical Basis ◽  
Legal Method ◽  
Foreign Countries ◽  
International Regulations ◽  
Ukrainian Society

The purpose of this article is to study the victimological aspects of illegal possession of a vehicle and identify effective measures to prevent crimes of this category in order to implement them into the legal reality of Ukraine. Methodology. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. In the course of the research the generalization, processing and analysis of the obtained results were carried out. The comparative legal method was used in the analysis of current legislation and international regulations; statistical - for the processing of empirical data and in the process of studying statistical material in order to develop a mathematical basis. A special research method used in the article is the method of system analysis. The scientific novelty of the publication is that in connection with the growing number of crimes related to illegal possession of vehicles in Ukraine, as well as the development of new ways of illegal possession, the study of this problem is relevant. The author considers the victimological aspects of illegal seizure of vehicles in Ukraine, in particular: victim behavior of crime victims, victim situations that determine the commission of this crime, victim qualities of victims of crime, victimization of modern Ukrainian society. Based on the generalization of victimological aspects of illegal seizure of vehicles, measures to prevent crimes of this category are proposed. Conclusions. Thus, in order to prevent the illegal seizure of vehicles, it is necessary to analyze the operational situation, as well as criminologically significant features not only of the identity of the offender, but also of the victim. Choosing the most effective measures to prevent illegal seizure of vehicles, it is necessary to constantly study foreign experience and implement in the activities of law enforcement agencies of Ukraine those innovations that once showed a positive result in foreign countries.

scholarly journals FORENSIC ASPECTS OF USING CERTAIN TECHNICAL MEANS OF ACTIVE SELF-DEFENSE

2021 ◽  
pp. 481-492
Author(s):  
V. Bolshakov ◽  
V. Svytenko ◽  
Yu. Maznychenko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Modern Society ◽  
Main Task ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
Forensic Practice ◽  
Preventive Activity

The article is devoted to the forensic aspects of ensuring necessary defense through the use by law enforcement officials of physical pressure of limited influence, special means (including non-lethal action) and firearms of increased efficiency. The authors, based on the results of forensic practice, assessed the effectiveness of the actions of law enforcement officers to prevent the excess of necessary defense during covert investigative (search) activities. A systematic analysis of recent studies and publications on this issue showed that in the modern global world, the main task of forensic support for law enforcement agencies in different countries is to optimize the processes of detecting, disclosing, investigating and preventing crimes and therefore contributes to the establishment of objective truth in criminal proceedings. A sufficiently high level of criminalization of various spheres of life of modern society requires deep transformations in the system of preventive measures carried out by law enforcement agencies, government bodies and public organizations. The use of special forensic knowledge, along with other forms of preventive activity, can significantly enhance the prevention, detection, disclosure and investigation of crimes. The preventive activity of forensic experts is to study and identify the causes and conditions conducive to the commission of socially dangerous acts. It is noted that Hungarian scientists consider the issues of crime prevention and operational-search activity to be the subject of forensic science. The international experience of disclosing, investigating and preventing crimes indicates a significant number of unsuccessful investigative actions due to the incompetent use of firearms and active defense equipment. It is concluded, based on the content of the concepts of disclosure, investigation and prevention of crimes, and taking into account the historical experience of forensic research of means of necessary defense and firearms, that it is necessary to develop forensic recommendations. In order to increase the efficiency of covert investigative (search) actions by law enforcement officers through the use of modern means of necessary defense and means of physical influence of limited action, as well as special types of non-lethal police weapons with improved characteristics.

scholarly journals International experience of crime investigation in the field of human trafficking

2021 ◽  
Vol 10 (47) ◽  
pp. 161-172
Author(s):  
Yaroslav Y. Buhaiov ◽  
Oleh P. Koretskyi ◽  
Viktoriia V. Koretska ◽  
Serhii V. Penkov ◽  
Artem O. Shapar
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Law Enforcement Officers ◽  
International Experience ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
Crime Investigation ◽  
Effective System ◽  
Trafficking Victims

The paper aims to define an effective anti-human trafficking system in Ukraine. On the basis of theoretical information and international experience systematic analysis, the peculiarities of investigating crimes in the field of human trafficking are identified: timely receipt of information concerning crimes commission, assigning a case of human trafficking to an investigator or prosecutor with positive experience in detecting such crimes, cooperation of law enforcement agencies with each other and law enforcement agencies of other states in regard to effective ways of such crimes investigation, an effective system of human trafficking victims support. It is possible to increase the effectiveness of combating human trafficking through activities in the following areas: training of law enforcement officers in accordance with international standards; exchange of experience between Ukrainian law enforcement officers with the employees of relevant institutions of other countries; enshrinement at the statutory level of stricter responsibility for such crimes commission; monitoring the compliance of the Ukrainian anti-human trafficking system activities with international standards; creation of a comprehensive support system for human trafficking victims.

scholarly journals The prevention of assault and torture in the system of domestic violence prevention in Russia: the review of regional tendencies of legal regulation

2020 ◽  
pp. 40-52
Author(s):  
Pavel Anatol'evich Matushkin
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Violence Prevention ◽  
Social Services ◽  
Social Relations ◽  
Public Awareness ◽  
Legal Regulation ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Domestic Violence Prevention

The research object is social relations emerging in the process of the prevention of assault and torture as manifestations of donmestic violence. The research subject is the crime prevention legislation, administrative responsibility laws, federal and regional program-targeted documents regulating the sphere of domestic violence, and theoretical insights into this topic. The purpose of the research is to analyze regional tendencies of legal regulation of the prevention of assault and torture, as a part of the system of domestic violence prevention in Russia. To achieve this goal and research tasks, the author uses general scientific (analysis, synthesis, deduction, induction) and specific research methods, with the formal-legal method as a basic one, which is connected with the analysis of legal regulations in their system unity. The scientific novelty of the research is proved by the fact that regional peculiarities of legal regulation of the prevention of assault and torture as a part of the system of domestic violence prevention haven’t been studied sufficiently enough. Assault and torture are the factors signalling about the aggravation of home conflicts and leading to the further escalation. In Russia, municipalities create  a system of measures which includes some or all of the following elements: 1) the formation of public awareness about the domestic violence problem; 2) information and methodology support for the activities of law-enforcement agencies and social services responsible for the prevention of domestic violence; 3) the provision of interaction between medical institutions and law-enforcement bodies and social services; 4) the introduction of punishment for home rowdyism and the provocation of home conflicts.   

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