scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

scholarly journals Urgensi Perubahan Delik Biasa Menjadi Delik Aduan dan Relevansinya terhadap Perlindungan dan Penegakan Hak Cipta

2019 ◽  
Vol 1 (2) ◽  
pp. 347-362 ◽  
Author(s):  
Hanafi Amrani
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Active Role ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Copyright Holder ◽  
The Law ◽  
The Right ◽  
Exclusive Right

This article discusses two main issues: first, what is the urgency of the change in nature of offences from ordinary offence to be complaint offence in the copyright law; second, how is the relevance of the change in the nature of the offense to protect and enforce copyright. The urgency of changes in offenses is usually an offense against complaints because copyright is an exclusive right that is personal and civil rights. This personal and civil right indicate the absolute right of the creator or the copyright holder to the results of their work, including the right to report or not to infringe their copyright. Therefore conceptually this personal and civilian nature emphasizes the alignment of mindset that the complaint offence is more appropriately applied to copyright infringement. Whereas the relevance of complaint offence for protection and enforcement of copyright can be seen from the significant role of the creator or copyright holder in the law enforcement process. The creator or copyright holder can play an active role in providing information and evidence of copyright infringement so that the law enforcement process becomes more effective and efficient. Abstrak Artikel ini membahas dua permasalahan pokok: pertama, apa urgensi perubahan delik biasa menjadi delik aduan dalam Undang-undang Hak Cipta; kedua, bagaimana relevansi perubahan sifat delik tersebut terhadap perlindungan dan penegakan hukum hak cipta. Urgensi perubahan delik biasa menjadi delik aduan adalah karena hak cipta merupakan hak eksklusif yang bersifat personal dan keperdataan. Sifat personal dan keperdataan ini mengindikasikan adanya hak mutlak dari pencipta atau pemegang hak cipta atas hasil karya ciptanya, termasuk hak untuk melaporkan atau tidak atas pelanggaran hak ciptanya. Oleh karena itu secara konseptual sifat personal dan keperdataan ini lebih mengedepankan keselarasan pola pikir bahwa delik aduan lebih tepat diterapkan terhadap pelanggaran hak cipta. Sedangkan relevansi delik aduan terhadap perlindungan dan penegakan hak cipta dapat dilihat dari peran yang signifikan dari pencipta atau pemegang hak cipta dalam proses penegakan hukum. Pencipta atau pemegang hak cipta dapat berperan aktif dalam memberikan keterangan dan bukti-bukti dari pelanggaran hak cipta tersebut sehingga proses penegakan hukum dapat berjalan lebih efektif dan efisien.

Trends in the Legislation of the Russian Federation in the Sphere of Regulated Procurements

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Беляева ◽  
Olga Byelyayeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Specific Group ◽  
Uniform Law ◽  
The Russian Federation ◽  
The Law ◽  
Legal Entities ◽  
The Way

The article contains the analysis of the Russian legislation on regulated purchases during the period starting the year 2012. It contains substantiated civil nature of purchasing relations, the circle of people whose purchasing activities are subordinated to the effects of legislation regulating the contractual system and to the Federal law “Of purchase of goods, works and services by certain types of legal entities”. The author traces the trends that are relevant to the development of legislation on purchasing practices. Specially outlined is the trend of extrapolation of the law when this law has no specific group of participants to regulate, and the tendency of creating “the purchasing code”, in other words, to eliminate differentiated legal regulation and to establish common purchase standards to be applied to the whole of contract system. The article describes the possible pending changes in the contract legislation. Also, an attempt is made to assess the effectiveness of the regulated procurements legislation which helps to identify problem areas such as distortions in the meaning of the law the way it is interpreted in by-laws, existence of legal gaps and collisions, lack of uniform law-enforcement standards.

scholarly journals Peran Anggota Kepolisian Dalmas Polda Bali dalam Penegakan Hukum terhadap Penanganan Unjuk Rasa Tolak Reklamasi Teluk Benoa

2020 ◽  
Vol 1 (2) ◽  
pp. 362-368
Author(s):  
I Kadek Windi Pranata Putra ◽  
Ida Ayu Putu Widiati ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Law Enforcement ◽  
External Factor ◽  
Police Chief ◽  
Legal Research ◽  
Internal Factor ◽  
The Law ◽  
The Right ◽  
Internal And External Factors ◽  
Recent Demonstration

Every citizen has the right to express an opinion in accordance with Law Number 9 of 1998 concerning Freedom of Expressing Opinions in Public. Freedom of opinion is generally carried out by demonstrations. The recent demonstration in Bali is a demonstration against the reclamation of Benoa Bay. This is of particular concern to members of the Bali Police Dalmas as the main party in the handling of this demonstration. In handling it, the Bali Police Dalmas is guided to enforce the law against each of these demonstrations. Based on this background, this research was conducted with the aim of describing how the role of members of the Bali Police Dalmas police in law enforcement against the Benoa Bay protest against the Benoa Bay reclamation and what factors hindered the implementation of handling the Benoa Bay reclamation protest action by members of the Bali Police Dalmas. This study used an empirical legal research method. The results of this study indicated that the role of the Bali Police Dalmas in enforcing the law against the protest against Benoa Bay reclamation was carried out based on pre-emptive, preventive, and repressive actions based on statutory regulations and the police chief regulations regarding the handling of demonstrations. In addition, the factors that hindered the implementation of the protest against the reclamation of Benoa Bay by members of the Bali Police Dalmas include internal and external factors. the internal factor is factor of Dalmas members themselves, both from a mental perspective, professionalism, and knowledge about how to handle protests. Meanwhile, the external factor is generally the mass of protesters who do not understand the provisions that apply to the implementation of a demonstration.

scholarly journals Certain problems of legal regulation of the activities of operational police units

2020 ◽  
Vol 2020 (2) ◽  
pp. 165-171
Author(s):  
Igor' Skokov
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Point Of View ◽  
Federal Law ◽  
Search Activity ◽  
Legal Method ◽  
History Of ◽  
The Law ◽  
The Right

Introduction. The article deals with the history of the law enforcement and alteration to certain provisions of the Federal law «On police» from 07.02.2011 № 3-FZ. Goal. The purpose of the work was to evaluate certain provisions of the Federal law «On police» and the Federal law «On operational and investigative activities» from the point of view of operational search activity and on the basis of a comparative legal method of cognition of normative acts regulating the process of law enforcement and operational search activity. To identify the problems of the interaction of these laws. The article presents inconsistencies between the provisions of the Federal law «On police» and the Federal law «On operational and investigative activities». Results. As a result of the work, the author identified and attributed to the number of problematic provisions concerning the right of police officers to conduct operational search activities, the right to enter the homes of citizens, and some others. The author’s suggestions for amendments to the law «On police» are given, and the need for further research aimed at eliminating the identified shortcomings and solving the problems under consideration is determined. The author comes to the conclusion that the timely elimination of the shortcomings of the legal relationship between the Federal law «On police» and the Federal law «On operational and investigative activities» in the context of regulating the activities of operational police units will only increase the efficiency of the organization of operational and investigative activities of the internal affairs bodies.

scholarly journals The Prosecutor as a Coordinator of the Law Enforcement Activities in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 21-25
Author(s):  
Anatoly Kruglikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
National Guard ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Law

Introduction: the paper analyzes some problems of coordinating the activities of the law enforcement agencies in the fight against crime, and the role of the prosecutor in this activity. The author notes that the achievement of significant positive results in the fight against crime is only possible with a clear coordination of the actions of the law enforcement agencies carried out in accordance with the law. These bodies are named in the Regulation on the coordination of the activities of law enforcement agencies in the fight against crime approved by Presidential Decree No. 567 of April 18, 1996, with the subsequent amendments by other Decrees of the President of the Russian Federation, the latest of which is Decree No. 640 of December 31, 2019. Such bodies are: the bodies of internal affairs of the Russian Federation, bodies of the Federal Security Service, troops of the National Guard of the Russian Federation, bodies of the criminal executive system of the Russian Federation, bodies of compulsory enforcement of the Russian Federation, customs bodies of the Russian Federation, investigative bodies of the Investigative Committee of the Russian Federation and some other bodies. In accordance with Part 1 of Article 8 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the activities of the law enforcement agencies to combat crime are coordinated by the Prosecutor General of the Russian Federation, the prosecutors of the subjects of the Russian Federation, cities, districts and other territorial prosecutors, as well as military and other specialized prosecutors equated to them. In accordance with the above-mentioned Provision, the objectives of coordination are to increase the efficiency of fight against crime by developing and implementing coordinated measures by these bodies for the timely detection, solving, suppression and prevention of crimes, eliminating the causes and conditions that contribute to their commission. When writing the work, various methods of scientific knowledge were used: systematicity, analysis, synthesis, the formal-legal one, etc. Results: the author considers the basic principles of coordination of the activities of the law enforcement agencies, its main directions and forms. Conclusions: the practice of coordinating the activities of the law enforcement agencies should be constantly analyzed to study the best practices in the prevention and detection of crimes, the protection of the rights and freedoms of citizens in criminal proceedings, and to take into account the essence of court decisions made based on the results of the reviewed activities.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

Problematic aspects of the use of penitentiary information in the process of disclosure and investigation of crimes

2020 ◽  
pp. 160-165
Author(s):  
Максим Владимирович Кремлев
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Point Of View ◽  
Negative Consequences ◽  
The Law ◽  
The Difference

Автор, основываясь на ранее проведенных исследованиях, определяет место и роль пенитенциарной информации в процессе раскрытия и расследования преступлений. Указывается, что пенитенциарная информация превращается в процессуальную и, соответственно, в доказательственную посредством поэтапного прохождения через комплекс действий, облеченных в формы пенитенциарного, оперативно-розыскного и процессуального законодательства. Устанавливаются наиболее уязвимые места с точки зрения содержательного наполнения и процессуального оформления получаемых в рамках режимной деятельности сведений. Таковыми выступают места «сочленения» видов деятельности. Основой для подобного рода высказывания выступает разница в нормативном регулировании, в сменяемости и целеполагании исполнителей, а также их представлении о критериях успешности выполненной работы. В качестве подтверждения выдвинутого тезиса приводится пример из правоохранительной практики использования пенитенциарной информации в процессе доказывания, имеющий негативные последствия. Предлагаются направления совершенствования получения пенитенциарной информации с целью усиления ее доказательственного потенциала. In this article, the author, based on previous research determines the place and role of penitentiary information in the process of disclosure and investigation of crimes. It is specified that penitentiary information turns into procedural and, accordingly, into proofs by means of step-by-step passing through a complex of actions exposed in forms of the penitentiary, operational-search and procedural legislation. The most vulnerable places from the point of view of substantial filling and procedural registration of the data received within regime activity are established. These are the places of “articulation” of activities. It is concluded that the basis for this kind of statement is the difference in regulatory regulation, in the turnover and goal-setting of performers, as well as their representation of the criteria for the success of the work performed. As a confirmation of the proposed thesis, an example from the law enforcement practice of using penitentiary information in the process of proving having negative consequences is given. Directions of improvement of receiving penitentiary information for the purpose of strengthening of its evidentiary potential are offered.

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

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