scholarly journals LEGISLATIVE GUARANTEES FOR CORRUPTION WHISTLEBLOWER`S PROTECTION

2020 ◽  
Vol 2020 (1) ◽  
pp. 83-93
Author(s):  
Samofalov О. L. ◽  
◽  
Rusevich K. О. ◽  
Keyword(s):  
Information Disclosure ◽  
Effective Means ◽  
Criminal Code ◽  
International Standards ◽  
Public Interests ◽  
The Public ◽  
State Apparatus ◽  
Effective System ◽  
Key Factor ◽  
Corruption Prevention

The article is devoted to the coverage of legislative guarantees for the whistleblowers`s protection in order to improve and develop national legislation regarding corruption prevention. Combatting corruption is an urgent issue for Ukraine today, as one of the reasons for the ineffective work of the state apparatus is corruption, the essence of which is that civil servants performancing their duties are endowed with public authority, which in combination with the unscrupulous performance of their official duties, leads to the fact that they have personal interests, which differ in content and direction from the primary tasks of the civil service as a whole. Corruption whistleblowers are a key factor in detecting corruption, and therefore they must be protected by guarantees at the legislative level. A legislative guarantees research of the whistleblowers` protection proves that such real protection can only be guaranteed by a separate special law that will create an effective mechanism for disseminating socially necessary information and will clearly prescribe legislative guarantees. The information disclosure of harm or threat to public interests is one of the most effective means of detecting and combating corruption and also serious economic offenses. In order to make the most of the benefits of disclosing information to the harm or threat to the public interest, there must be laws in the country that will provide whistleblowers with legislative guarantees not only for themselves, but also for their relatives. The main way to improve the legislative guarantees for the whistleblowers` protection is a promising draft act “On the protection of whistleblowers”. The adoption of the Law “On the protection of whistleblowers” will ensure the creation of a new effective system for preventing corruption on the basis of international standards, which will help in reducing the corruption level in the country, and thus – economic development and welfare. At the same time, it is promising to expand and clarify the regulations of the Criminal Code of Ukraine, which guarantee the protection of whistleblowers. Key words: corruption, anti-corruption, evidence, corruption whistleblowers, protection of whistleblowers.

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
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Point Of View ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Public Interests ◽  
The Public ◽  
State Apparatus ◽  
Moral Point

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.

scholarly journals Reformation issues of the Penal system in the Republic of Kazakhstan

2020 ◽  
Vol 2 (3) ◽  
pp. 168-175
Author(s):  
Marat Azhibaev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Main Idea ◽  
International Standards ◽  
Penal System ◽  
The Public ◽  
Effective System ◽  
System 2 ◽  
Internal Affairs ◽  
The Republic

The article is devoted to the experience of the Republic of Kazakhstan in reforming the penal system by transferring it from the law enforcement to the civil block. Taking into account the world experience, the transfer of the penal system to a non-law enforcement structure, including one based on public-private partnership, seemed to be the most promising direction of the planned reform to humanize the domestic penal legislation. The main idea was that a Civil Agency, not associated with the tasks of protecting public order and fighting crime, will be able to ensure the planned implementation of the state policy on reforming the penal system. In 2002, correctional facilities were fully transferred to the Ministry of Justice of the Republic of Kazakhstan. But the events that took place further (a number of armed escapes with human victims) actually showed that the Ministry of Justice of the Republic of Kazakhstan did not cope with the task assigned to it, and the goal of reforming the penitentiary system was not achieved. By decree of the President of the Republic of Kazakhstan (adopted on 26.07.2011) “On the penitentiary system”, the penal system was again transferred to the Ministry of Internal Affairs of the Republic of Kazakhstan. Today, the penal system in Kazakhstan actually operates autonomously in the system of the Ministry of Internal Affairs, not subordinate to other services and departments. At the same time, according to the author, the transfer of the penal system to a Civil Agency will make it possible to increase the openness of this institution. In addition, this step will provide access to the real situation of human rights in places of detention for the public and supervisory authorities. However, domestic and foreign experience shows that the transfer of the penal system to civil departments, its isolation as a separate body does not guarantee its deep humanization and effective system reforms. Being inside the civil department, it actually continues to work on previously established practices, limiting it with cosmetic changes. Therefore, if the purpose of transferring the penal system or its divisions to other bodies is to comply with international standards and reduce criticism of human rights organizations, then this should not be done without a high-quality study. Based on the research, the author comes to the conclusion that in order to implement reforms in the penal system of the Republic of Kazakhstan, it is necessary to: 1) to develop a single comprehensive scientific and practical approach when reforming the penal system; 2) to conduct a qualitative study of the risks that may be associated with decisions taken within the framework of the reform; 3) implementation of foreign and international experience should be carried out only taking into account the specifics of national legislation and the structure of the state’s law enforcement system.

scholarly journals LIFE IMPRISONMENT AND PAROLE IN SERBIA – (UN)INTENTIONALLY MISSED OPPORTUNITY

2021 ◽  
Vol 59 (1) ◽  
pp. 93
Author(s):  
Milica Kolaković-Bojović
Keyword(s):  
Criminal Code ◽  
International Standards ◽  
Life Imprisonment ◽  
Policy Action ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
Public Campaign ◽  
Life Sentence ◽  
Missed Opportunity

Triggered by the cruel rape and murder of a 15-year-old girl in July 2014, the public campaign was launched in order to change penal policy for a sexual violence committed against children in Serbia. Widely supported by general public, but strongly disputed by legal experts and professionals, amendments to the Criminal Code have been adopted in May 2019 introducing the life sentence without parole for the most serious crimes committed against children. This influenced the decision of the author to further explore how this public policy action fits to the relevant international standards, but also to the framework built based on the ECtHR interpretation of the Art. 3 of the ECHR in terms of the life prison. Aware of the current lack of public debate and the initiatives to improve relevant provisions of the Criminal Code, this paper shads a light on the gaps in human rights protection, especially in terms of the rehabilitation and reintegration of prisoners as the undetachable element of a purpose of punishing.

scholarly journals Criminal Code Policy in The Effort of Corruption Prevention in Institutions Regional Disaster Management Agency

2019 ◽  
Vol 2 (1) ◽  
pp. 75
Author(s):  
Masyhadi Irfani ◽  
Ira Alia Maerani
Keyword(s):  
Criminal Code ◽  
Deterrent Effect ◽  
Sentencing Guidelines ◽  
The Public ◽  
Goods And Services ◽  
Criminal Sanctions ◽  
Local Officials ◽  
The Subject ◽  
Corruption Prevention ◽  
Crime Of Corruption

Settings on the Crime of corruption in the procurement of goods and services defined in the Criminal Code as well as in Act Corruption today. However, there are still weaknesses contained in the Anti-Corruption Act today, one about the formulation of minimum criminal sanctions, which do not formulate sentencing guidelines to implement this minimum criminal threats.Corruption that has grown and occurs systemically and widespread must be done explicitly countermeasures to combat it. Corruption need severe sanctions (the imposition of the death penalty if necessary) in addition to confiscation of the wealth gained from corruption. Cooperation of various parties must be improved so that the law enforcement process runs with orderly and appropriate procedures, so that the perpetrators of criminal sanctions in kind (so that these sanctions have a deterrent effect) and eventually become a member of the public good and useful.Some issues regarding the criminal system that it is still in need of repair in the future is to be considered in order to create legislation that is even better. In 2018 the concept of the Criminal Code has been no formulation of the articles related to the criminal system that specifically regulates the crime of corruption by local officials, only qualifying offense of corruption that meet the elements of the subject that is a local official.Keywords: Legal Policy; Corruption.

The Effect of Sanctions on Cooperative Behavior: A Study on Medium Trust Individuals in the Context of Corruption

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Dewi Rosiana ◽  
Achmad Djunaidi ◽  
Indun Lestari Setyono ◽  
Wilis Srisayekti
Keyword(s):  
Logistic Regression ◽  
Public Interest ◽  
Logistic Regression Model ◽  
Cooperative Behavior ◽  
Research Subjects ◽  
Chi Square ◽  
Public Interests ◽  
The Public ◽  
Chi Square Analysis ◽  
Personal Interests

This study aims to describe the effect of sanctions (individual sanctions, collective sanctions, and absence of sanctions) on cooperative behavior of individuals with medium trust in the context of corruption. Both collective sanctions and individual sanctions, are systemic, which means sanctioning behavior is exercised not by each individual but by the system. Cooperative behavior in this context means choosing to obey rules, to reject acts of corruption and to prioritize public interests rather than the personal interests. Conversely, corruption is an uncooperative behavior to the rules, and ignores the public interest and prioritizes personal interests. Research subjects were 62 students. The Chi-Square Analysis was used to see the association between the variables and the logistic regression model was applied to describe the structure of this association. Individual sanction is recommended as punishment to medium trust individuals to promote cooperative behavior in the context of corruption. The results showed that individuals with medium trust had more cooperative behavior.

A mechanism to improve the allocation of public investment funds

2020 ◽  
Vol 26 (7) ◽  
pp. 1522-1533
Author(s):  
A.V. Larionov
Keyword(s):  
Panel Data ◽  
Random Effects ◽  
Public Investment ◽  
Allocative Efficiency ◽  
Investment Funds ◽  
The Public ◽  
Panel Data Regression ◽  
Data Regression ◽  
Efficiency And Effectiveness ◽  
Effective System

Subject. This article deals with the issue of improving the public investment allocative efficiency. Objectives. The article aims to develop an approach to improve the efficiency and effectiveness of public investment in the economy. Methods. The study is based on a panel data regression with random effects. Conclusions and Relevance. All sectors of the economy have different demand for investment resources attracted, determined by operational and technological aspects. The results of the study can be used to develop an effective system of public investment.

Reconstruction of Life Imprisonment in Prison System in Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 499
Author(s):  
Boma Wira Gumilar ◽  
Gunarto Gunarto ◽  
Akhmad Khisni
Keyword(s):  
Justice System ◽  
Criminal Code ◽  
Prison System ◽  
Penal System ◽  
Legal Research ◽  
Life Imprisonment ◽  
The Public ◽  
Prison Life ◽  
The Future ◽  
Research Types

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.

Jurnal Gaya Selingkung

2019 ◽  
Author(s):  
alvira permata
Keyword(s):  
General Public ◽  
Scientific Journal ◽  
Effective Means ◽  
International Standards ◽  
Scientific Journals

ABSTRACKScientific journals are an effective means of publishing scientific articles for the general public. In order for scientific journals to be accepted by national and international circles, the insight aspirations and confinement styles must refer to national and international standards. Articles designed to be published in scientific journals, in addition to being written in a scientific manner, must also follow the guidelines required by the intended scientific journal. In order for the article to be sent according to criteria and accepted by the journal, at least it must fulfill three elements, namely the suitability of the field of science, the standard grammar, and the special style (cellulite style) required by an article journal to be sent.

OBJECTIVES AND FUNCTIONS OF LOBISTRY ACTIVITY IN UKRAINE: REALITIES TODAY AND EVOLUTIONARY FORECAST

2018 ◽  
Vol 1 (12) ◽  
pp. 329-339
Author(s):  
Tikhon Sergeyevich Yarovoy
Keyword(s):  
Civil Society ◽  
Political System ◽  
Developed Countries ◽  
Public Interests ◽  
The Public ◽  
Political Events ◽  
The Developed Countries ◽  
Definition Of ◽  
Industrial Groups

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.

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