Practice of the Appeal Board of the Federal Criminal Service of Russia (scientific review of the most significant cases considered in the first quarter of 2020)

2020 ◽  
pp. 106-110
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Civil Service ◽  
Unfair Competition ◽  
Scientific Review ◽  
The Third ◽  
Antitrust Authority ◽  
Antitrust Legislation ◽  
The Law ◽  
Federal Civil Service

In this review of the decisions of the Appeals Board of the Federal Criminal Service of Russia, the authors consider cases for the first quarter of 2020, containing legal positions important for maintaining uniformity of the law enforcement practice of antitrust authorities. Thus, the first of the cases considered shows the importance of observing the procedure for considering cases of violation of antitrust legislation, in particular, the procedure for forming a commission, the violation of which will lead to the annulment of acts of the territorial antitrust authority. In the second case, the Appeal Board of the Federal Civil Service of Russia addresses the question of the validity of concluding a state contract with a single supplier. The third solution considered addresses the always pressing problem of proving unfair competition.

scholarly journals PENEGAKAN HUKUM TERHADAP PELANGGARAN HAK MEREK DI KOTA MAKASSAR

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
St. Nurjannah
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Service ◽  
Civil Servant ◽  
The Law ◽  
The Republic ◽  
National Police ◽  
The City

AbstractThe form of law enforcement against brand violations in the city of Makassar has been regulated in Law No. 20 of 2016 that has been good and perfect because it has gone through several revisions and in practice, law enforcement against these violations has been carried out well by investigators of the civil service Ministry of Law and Human Rights who work closely with the Republic of Indonesia National Police investigators and Public Prosecutors. But it is needed addition to the number of civil servant investigators in the scope of ministries that specifically deal with violations of brand rights and IPR as a whole so that enforcement and implementation of the Law / 20 of 2016 is more maximal. The stipulation of laws concerning brands which constitute complaint offenses must be changed to the usual offense of enforcement of violations of Brand Rights which can be immediately processed by the authorities without waiting for a complaint.Key Words: Law Enforcement, Brand RightsAbstrakBentuk penegakan hukum terhadap pelanggaran merek di kota Makassar telah diatur didalam UU No. 20 Tahun 2016 yang telah bagus dan sempurna karena telah melalui beberapakali revisi dan dalam prakteknya, penegakan hukum terhadap pelanggaran ini telah dijalankan dengan baik oleh penyidik pegawai negeri sipil kementerian Hukum dan Ham yang berkerja sama dengan penyidik Kepolisian Negara republik Indonesia serta Penuntut Umum. Namun, diperlukan penambahan jumlah penyidik pegawai negeri sipil dilingkup kementrian yang khusus menangani pelanggaran hak merek dan HKI secara keseluruhan agar penegakan dan penerapan UU/20 tahun 2016 lebih maksimal. Penetapan UU tentang merek yang merupakan delik aduan harus diubah menjadi delik biasa sehingga penegakan terhadap pelanggaran Hak Merek dapat segera diproses oleh pihak yang berwajib tanpa menunggu adanya aduan.Kata Kunci: Penegakan Hukum, Hak Merek

Internet Jurisdiction and Intermediary Liability

2020 ◽  
pp. 689-708
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
Law Enforcement ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Applicable Law ◽  
The Third ◽  
Law Enforcement Agency ◽  
User Data ◽  
The Law ◽  
Intermediary Liability ◽  
Geographical Scope

This chapter seeks to set the scene and make some proposals for how we may make progress in the field of internet jurisdiction. For this purpose, the chapter will focus on three examples where the matter of internet jurisdiction is a major concern for internet intermediaries. The first relates to the validity of the terms of service that internet intermediaries typically impose on their users, and which typically contain important provisions regarding jurisdiction and applicable law. The second example relates to situations in which law enforcement agencies seek access to user data held by internet intermediaries. Such situations give rise to important matters of jurisdiction, not only where the requesting law enforcement agency and the internet intermediary are based in different countries, but may also—as was illustrated in the well-known Microsoft Warrant case—give rise to such issues where the requested data is stored outside the country in which both the law enforcement agency and the internet intermediary are based. The third example relates to the matter of geographical scope where an internet intermediary is required to remove, block, take down, delist, de-index, or de-reference content.

scholarly journals Corporate Conception in Terrorism Based on Act No. 5 Of 2018

2019 ◽  
Vol 2 (1) ◽  
pp. 91
Author(s):  
Parikhesit Parikhesit ◽  
Gunarto Gunarto ◽  
Maryanto Maryanto
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Corporate Accountability ◽  
Corporate Board ◽  
Criminal Offense ◽  
The Third ◽  
The Law ◽  
Corporate Criminal Liability

Enforcement strategies terrorism has changed from that previously used the law enforcement strategy reactive (reactive law enforcement) to the law enforcement proactive (proactive law enforcement). Enforcement strategies are proactive expected to reach the corporate as well as those who are behind it as the founders, leaders and corporate board into the hands of the main perpetrators of criminal acts of terrorism.The purpose of writing is to know the conception of the corporation in criminal acts of terrorism and how the system of corporate criminal liability in criminal acts of terrorism under the Act No. 5 of 2018.Act No. 5 of 2018 recognize the corporation as a subject or as a criminal. While the forms of criminal acts committed by a corporation is the criminal acts committed by individuals. Thus the corporation can be said to be committing a crime as stipulated in the formulation of a criminal offense if the offense is committed by people on the basis of employment, or other relation, either individually or jointly, acting for and on behalf of the corporation in and outside the corporate environment.The setting is the principal criminal fines against corporations show that the conception of the corporation in criminal acts of terrorism under the Act No. 5 of 2018 is the third model is the corporation as a maker as well as corporate responsibility.Keywords: Corporate; Accountability; Terrorism.

scholarly journals The Effectiveness Of Qanun Aceh No. 6/2014 Of Jinayat Law In Order To Prevent Jinayah Khalwat In Law Territory Of Sabang Municipality

2018 ◽  
Vol 1 (2) ◽  
pp. 191
Author(s):  
Webby Aditya
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Due Process ◽  
Civil Service ◽  
Research Result ◽  
Legal Issues ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Third ◽  
Due Process Of Law

Article 23 paragraph (1) of Aceh Islamic Criminal Law No 6 of 2014 tells about Indecency (Jinayat) law which regulates the criminal punishment for the perpetrator of jarimah khalwat. This article is expected can minimize the crime rate of the indecent (jinayah) behavior perpetrator. However, in fact the number of jarimah khalwat perpetrator increase steadily as what happened in Sabang Municipality law area. It proves that there were two legal issues, what is the causes of the ineffectiveness of the indecency (jinayat) law in minimizing the number of jinayat perpetrator in Sabang Municipality? This research was aimed to know the obstacle of the increasing jinayat khalwat issue which make jinayat law become ineffective in minimizing jinayat khalwat perpetrators in Sabang Municipality, and to know the efforts conducted by the Civil Service Police Unit, Sharia Policy, and Office of the District Prosecutor General of Sabang Municipality and to know the factor which causes the number of jinayah khalwat perpetrator in Sabang Municipality. The research method used in this research was empirical juridical empirical using case approach, historical approach, comparative approach, conceptual approach, and statute approach). The research result shown that there were 3 effectiveness obstacle factors  of jinayat law in Sabang Municipality, the first obstacle of jinayat law is the bad regulation because the punishment is an alternative not a cumulative  and for those who deal with the jinayat law is potentially punished with canning punishment in public, the application of jinayat law normatively is in contrary with the basis of personality and territoriality which causes this law contrary with the fair legal system (due process of law). The second factor which becomes the obstacle related to quality and quantity of the human resource of the law enforcement, law understanding and the number of personnel investigator of the Civil Service Police Unit and Sharia Police of Sabang Municipality was limited. The third factor, there is no special jinayah prison cell in the Civil Service Police Unit and Sharia Police of Sabang Municiplaity

scholarly journals The Role of the Civil Service Police Unit in Implementing Regional Regulation No. 10 of 2014 concerning the Arrangement of Street Vendors in Ambon City

2020 ◽  
Vol 9 (2) ◽  
pp. 159
Author(s):  
Hendry Selanno
Keyword(s):  
Law Enforcement ◽  
Civil Service ◽  
Single Variable ◽  
Street Vendors ◽  
The Law ◽  
The Government

The main problem in this study is "How the Role of Civil Service Police Unit in Implementing Ambon City Regulation No. 10 of 2014 at Ambon City Mardika Market?". This study uses a single variable, which involved 41 respondents by including 3 indicators: (1). The role of Civil service police Unit in controlling street vendors, (2). The role of Civil service police Unit in the supervision of street vendors, (3). The role of Civil service police Unit in enforcing the law against street vendors. The results showed that: the average role of Civil service police Unit in the three indicators, namely: control, supervision, and law enforcement against street vendors was considered to be still not good and showed that the role of Civil service police Unit was not fully in implementing Regulation No.10 of 2014. Problems experienced by Civil service police Unit officers in implementing Regional Regulation No.10 2014 in the Ambon City Mardika market are the number of street vendors is increasing from time to time and also the lack of awareness of street vendors in maintaining environmental cleanliness and also compliance with applicable regulations and the absence of special locations provided by the government for street vendors selling.

Practice of Board of Appeals of FAS of Russia (scientific review ofthe most significant cases considered in the third quarter of 2020)

2021 ◽  
pp. 94-100
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Indirect Evidence ◽  
Scientific Review ◽  
The Third ◽  
Territorial Control ◽  
The Law ◽  
Review Ofthe ◽  
Legal Entities

This review of the decisions of the “departmental appeal”, which has already become a tradition, contains comments on three cases considered by the Board of Appeals of the FAS of Russia in the third quarter of 2020. The first of the considered cases is devoted to the issues of enforceability of warnings, including qualifications of actions under paragraph 5 of part 1 of article 10 of the Law “On protection of competition”. Other two cases are related to the issues of proving anticompetitive agreements. However, in one case, the Board of Appeals of the FAS of Russia evaluated indirect evidence of cartel agreements, established territorial control, and in another case — the relevance of qualification of actions of legal entities under paragraph 4 of article 16 of the Law “On protection of competition”.

False victimization syndrome

2011 ◽  
Vol 152 (14) ◽  
pp. 559-568
Author(s):  
Mária Resch ◽  
Tamás Bella
Keyword(s):  
Law Enforcement ◽  
Criminal Psychology ◽  
The Other ◽  
Significant Part ◽  
The Real ◽  
The Third ◽  
Third Millennium ◽  
The Media ◽  
Crime And Deviance ◽  
The Law

Criminology and criminal-psychology are sciences dealing mostly with the personality of the criminals as well as the interconnections of crime and deviance. The other player of the crimes – the victim - has recently come into focus posing the question why and how somebody is becoming a victim, and what effect can the victim have when the crime is being committed. The first international publications appeared at the beginning of the third millennium on so-called victims who are convinced to suffer from material, moral or other damages and, accordingly, who would pursue “justice” at any rate. They often appeal against decisions. Considering these facts the procedures are rather thorough and circumspect. A significant part of the law-enforcement staff is heavily involved for long periods. On the other side there is the person considered criminal being actually the real victim. These people are getting alienated from the society because of their reckoned deeds and, because of the distorting influence of the media they are condemned morally. The present study describes the syndromes of fake-victim, their occurrence as well as psychiatric considerations, social appearance and impact. Authors are drawing attention to the medical-legal existence of the problem as well as its existence. Orv. Hetil., 2011, 152, 559–568..

Part III Practical Challenges, 10 European Antitrust Criminalization and the Third Challenge of Design: Identifying the Desirable Enforcement Strategies

2014 ◽  
Author(s):  
Whelan Peter
Keyword(s):  
International Cooperation ◽  
Public Support ◽  
Political Support ◽  
Antitrust Enforcement ◽  
International Support ◽  
The Third ◽  
Antitrust Authority ◽  
The Law

This chapter examines the third challenge of design for European antitrust criminalization: the identification of important enforcement strategies that help to ensure that the criminal cartel regime is effective in practice. These strategies were categorized into four distinct imperatives: (i) avoiding the ‘compliance trap’; (ii) securing sufficient support from stakeholders in the project of antitrust criminalization; (iii) designing effectively the criminal antitrust enforcement agency/agencies; and (iv) securing international support for the enforcement efforts of the criminalized cartel regime. The ‘compliance trap’ occurs when political support for the moral seriousness of the law which an (antitrust) authority must enforce is lacking. To secure public support for cartel criminalization, the authorities must engage in considerable educative efforts regarding the nature of cartel activity. A particular disadvantage of the criminalization of cartel activity is the need for international cooperation combined with the possible lack of desire of other jurisdictions to provide such cooperation when imprisonment could occur.

scholarly journals Criminal-legal protection of competition in the United States

2020 ◽  
pp. 30-43
Author(s):  
Anna Danilovskaia
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Legal Protection ◽  
The United States ◽  
Criminal Code ◽  
Scientific Activity ◽  
Educational Process ◽  
Unfair Competition ◽  
Judicial Practice ◽  
Antitrust Legislation

The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.

scholarly journals FROM COOPERATION TO ENMITY: CONFRONTATION BETWEEN THE CARPATHIAN SICH AND THE CZECHOSLOVAK SECURITY AGENCIES (1938 – 1939)

2020 ◽  
Vol 33 ◽  
pp. 90-110
Author(s):  
Oleksandr PAHIRIA
Keyword(s):  
Law Enforcement ◽  
Armed Conflict ◽  
Slovak Republic ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
Autonomous Region ◽  
The Third ◽  
Ethnic Tensions ◽  
The Law ◽  
Ukrainian Society

The article studies the evolution of relationships between the Carpathian Sich paramilitary organization and the Czechoslovak security agencies on the territory of Podkarpatska Rus' (Capratho-Ukraine) at the turn of 1938 – 1939 as they escalated towards mutual hostility. Drawing on the vast archival sources the article traces three conflict lines between the sides: 1) interference by Sich members into the area of public order and security; 2) anti-Czech demonstrations sparked by the controversial decision of Prague to nominate the Czech army general Lev Prchala to the post of the third minister in the Carpatho-Ukraine autonomous government; 3) attempts by Sich members to steal weapons and ammunition from the depots of the Czechoslovak gendarmerie. Though frictions between the sides were visible even before, it was the mid-January 1939 decision of the Prague government to appoint general Prchala that stirred up Carpatho-Ukrainian society, led to the escalation of Czech-Ukrainian relations, and increased inter-ethnic tensions in Carpatho-Ukraine. It fostered the radicalization of the Carpathian Sich and boosted its aggression against the Czech presence in the region. These events put high on the Carpathian Sich agenda the necessity to replace the Czechoslovak security corps on the territory of Carpatho-Ukraine. They resulted in several armed clashes with the Czechs and attempts by Sich members to seize weapons from the gendarmerie deposits. As a rule, the autonomous government took the Sich side in these conflicts while pursuing its plans to increase the influence on the law enforcement agencies in the region. Amid heightened tensions, the armed conflict, which broke out between the Carpathian-Sich and Czechoslovak troops in Khust and its vicinities before the dissolution of the Czecho-Slovak Republic, was not a coincidence, but the logical outcome of the exponential escalation of their relations in the previous months. The studied antagonism reflected certain tendencies in the whole Second Czecho-Slovak republic, where the autonomous region of Slovakia and Podkarpatska Rus' had been striving for more powers in security and sought to get rid of excessive Prague patronage. In this regard, Carpathian Sich's actions against the Czechoslovak gendarmerie had many similarities with the Hlinka Guard's anti-Czech campaign in Slovakia. Keywords Czech-Slovakia, Capratho-Ukraine, Carpathian Sich, Lev Prchala, gendarmerie

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