scholarly journals Legal and Moral Aspects of Confidential Cooperation between Individuals and Law Enforcement Agencies

2019 ◽  
Vol 86 (3) ◽  
pp. 69-79
Author(s):  
В. М. Давидюк

The legislative regulation of using confidants in Ukraine, as well as the moral aspects of confidential cooperation between individuals and law enforcement agencies have been analyzed. Some reasons that contributed to the regulation of confidential cooperation at the legislative level have been revealed in the historical retrospective; the correlation of the terms of “assistance” and “cooperation” used in the operative and search legislation has been demonstrated. It has been substantiated that in the course of studying the activities of special forces of operative and search activity it is advisable to use a narrower term of “cooperation”, which reflects the specifics of the activity of such forces. The norms of not secret normative legal acts have been outlined, which enshrined the conceptual bases of work with confidants. The emphasis has been made on the need to regulate not only the rights of the confidants, but also their obligations. A comparative analysis of the society’s attitude to confidential cooperation in different countries has been conducted. The moral and ethical grounds for involving persons into confidential cooperation have been studied. The author has outlined the essential role of the ideological component in the work of the state apparatus, which influences the attitude of society to confidential cooperation. The interdependence of moral and legal aspects of confidential cooperation has been proved. It has been established that the involvement of persons, from a moral point of view, into confidential cooperation is determined by: the voluntary nature of such involvement; public duty; perception of appropriate cooperation as the assistance to the community for its proper functioning; compulsory use of confidants for the prevention and detection of latent crimes; counteracting aggressive protection of criminal interests; guaranteeing the public interests by saving the costs for law enforcement function, since the use of confidants is more financially effective than attracting additional law enforcement forces and means.

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law


Author(s):  
Marija Holutiak-Pekalska ◽  

This article investigates the problem of issues related to the position of business ombudsman and the role of this important institution from a practical point of view. In today's economic environment, the need to create adequate means to support entrepreneurship and eliminate the negative manifestations of abuse by the tax authorities is becoming increasingly apparent. Given the positive experience of the world's leading countries, the purpose of establishing an institution of business ombudsman in Ukraine is to promote the transparency of public authorities, including tax authorities, as well as business entities under their management, prevention of unfair (dishonest) behavior of business entities engaged in business in Ukraine. The article describes in detail the various activities and powers of this body, in particular in the field of protection of taxpayers' rights. In tax disputes, the business ombudsman has the opportunity to consider complaints from business entities against decisions, actions or omissions of tax authorities and their officials, as well as to participate in the consideration of tax authorities' complaints of taxpayers. The article states that the characteristic of the business ombudsman's activity is that complaints from private business are accepted only against illegal actions of state bodies. It is concluded that the most "popular" subjects of complaints from taxpayers to the business ombudsman are various types of tax issues, actions of law enforcement agencies, prosecutors, state regulators, customs, the Ministry of Justice of Ukraine, local authorities and more. Additionally, the article stipulates the expediency of establishing a Business Ombudsman Council and describes the powers of this body.


2014 ◽  
Vol 6 (3) ◽  
pp. 114-124
Author(s):  
Yu.S. Kalyagin

An attempt was made to consider the attitudes of society to the institution of citizens' facilitating to law enforcement agencies and the role of informational and psychological space in the process. We disclosed the legal content and legal basis for the promotion of citizens to entities of operative-search activity. We considered an individual sense of justice from the perspective of legal psychology. We proposed and justified the direction of overcoming the imbalance between the need to counter the criminal phenomena in society and in the presence of a modern information-psychological space factors, neutralizing said reaction. We demonstrate the influence of informational and psychological space to legal attitudes. We presented the results of an empirical study of some elements of justice in students studying psychology and law. The learning process in various specialties is considered as one of the most important elements of informational and psychological space, which has a significant impact on the behavioral attitudes of students in the context of this legal institution.


2021 ◽  
Vol 1 (3) ◽  
pp. 98-106
Author(s):  
Dilrabo Karimova

The author of the article reveals the socio-legal conditionality of implementation of interaction between the bodies of pre-trial proceedings in the activity of disclosing and investigating committed crimes. The urgency of studying the essence and meaning of this interaction is substantiated. The concept of interaction is considered from the point of view of different branches of knowledge. The opinions and views of domestic and foreign scientists regarding the concept and meaning of interaction, both a social phenomenon and a legal category, implying conscious, coordinated, joint and purposeful actions of bodies of pre-trial proceedings are analyzed. The author’s definition of the concept of interaction between the bodies of pre-trial proceedings is given. The author states the unsatisfactory state of interaction of the bodies of pre-trial proceedings, in particular, interrogators, investigators with the bodies carrying out pre-investigation checks and operational-search activity based on the sociological studies carried out on organization of activities for the disclosure, investigation of crimes and the search for persons hiding from the court and investigation. The author sees the solution to these problems in strengthening the effective measures of law enforcement agencies in combating crime, active and effective use of possibilities of criminal procedural and operational search activities.


2021 ◽  
pp. 149-154
Author(s):  
V. BOKHENKO

The article is devoted to the analysis of the counter-terrorism system in the United States. The system of subjects of fight against terrorism, and also innovations in anti-terrorist activity of law enforcement agencies and special services of the USA is defined. Some US regulations in the field of counter-terrorism are considered. The role of the public in the fight against terrorism is noted, the mechanisms of public involvement in this activity are highlighted.


2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.


Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.


Author(s):  
Tikhon Sergeyevich Yarovoy

The article is devoted to the research of goals and functions of lobbying activity. The author has processed the ideas of domestic and foreign scientists, proposed his own approaches to the definition of goals and functions of lobbying activities through the prism of public administration. As a result, a generalized vision of the goals and functions of lobbying activities as interrelated elements of the lobbying system was proposed, and a forecast for further evolution of the goals and functions of domestic lobbying was provided. The analysis of lobbying functions allowed us to notice the tendencies in shifting the goals of this activity. If the objectives were fully covered by functions such as mediation between citizens and the state, the information function and the function of organizing plurality of public interests, then the role of strengthening the self-organization of civil society and the function of compromise become increasingly important in the process of formation in the developed countries of civil society and the development of telecommunication technologies. Ukrainian lobbyism will not be left to the side of this process. Already, politicians of the highest level, leaders of financial and industrial groups have to act, adjust their goals (even if they are — declared), taking into account the reaction of the public. In the future, this trend will only increase. The analysis of current research and political events provides all grounds for believing that, while proper regulatory legislation is being formed in Ukraine, the goals and functions of domestic lobbying will essentially shift towards a compromise with the public. It is noted that in spite of the existence of a basic direction of action, lobbying may have several ramified goals. Guided by the goals set, lobbyism can manifest itself in various spheres of the political system of society, combining the closely intertwined interests of various actors in the lobbying process, or even — contrasting them.


2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.


Sign in / Sign up

Export Citation Format

Share Document