scholarly journals THE ESSENCE OF THE SCIENTIFIC DEVELOPMENT OF THE PROBLEM REGARDING THE DEFINITION OF THE CONCEPT OF LAW ENFORCEMENT BODIES AS SUBJECTS OF THE FORMATION AND IMPLEMENTATION OF THE STATE OF THE STATE OF THE STATE

2020 ◽  
pp. 242-245
Author(s):  
V.V. Makarchuk
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Scientific Development ◽  
The Concept Of Law ◽  
Definition Of ◽  
Concept Of Law

APPROACHES TO DEFINING THE CONCEPT OF «LAW ENFORCEMENT»

2021 ◽  
Author(s):  
Юлия Борисовна Штин
Keyword(s):  
Law Enforcement ◽  
Characteristic Features ◽  
The Concept Of Law ◽  
Definition Of ◽  
Concept Of Law

Предметом исследования является генезис понятия «правоприменение», исследуется теоретический дискус различных подходов к его определению. На основе проведенного анализа выявлены характерные особенности правоприменения, приведено авторское определение понятию «правоприменение». The article deals with the genesis of the concept of «law enforcement», explores the theoretical discus of various approaches to its definition. On the basis of the analysis, the characteristic features of law enforcement are revealed, the author's definition of the concept of "law enforcement" is given.

scholarly journals Implementation of Normative Intelligence Policy In Immigration View

2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
State Government ◽  
The State ◽  
Government Agencies ◽  
Immigration Enforcement ◽  
Legal Rules ◽  
State Security ◽  
The Future ◽  
Definition Of

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.

Features of Linguistic Terminology Regarding Counterfeiters in the Russian and Austro-Hungarian Empires in the XIX – early XX centuries

2020 ◽  
pp. 55-63
Author(s):  
Andrii Boiko-Gagarin
Keyword(s):  
Law Enforcement ◽  
Credit Cards ◽  
Russian Empire ◽  
The State ◽  
Criminal Cases ◽  
Paper Money ◽  
Historical Archives ◽  
The Russian Empire ◽  
Definition Of ◽  
First Time

The article analyzes the main terms used by law enforcement investigators and editors of the old newspapers regarding to counterfeiters, the forged money, and the process of selling them. Evidence of lexis in relation to counterfeiting has been traced from the criminal cases stored in the state historical archives of Ukraine and Poland, as well as in newspapers periodicals of Ukrainian cities. Most of the sources used in the study are published for the first time. The counterfeiters in Russian empire were called «manufacturer», «counterfeiter», but in Austro-Hungarian – the «counterfeiter» and «deceiver». The process of falsification in the newspapers of Galicia was defined in relation to money, as «made», «fabricated», in the Russian Empire – «cooked», «fabricated» and others. Most often, the definition of a counterfeiter’s personality was referred to as «counterfeiter», «coin counterfeiter», «counterfeiter». The place of counterfeiting was positioned as a «mint», often with the note «secret» or «illegal». In most newspaper publications, organized gangs of counterfeiters were described as а «gang banditti». Linguistic tautology «counterfeiting of counterfeit coins» is oftenly applied to counterfeit manufacturers. In terms of paper money, the definition «paper» and «picture» were used. The Galician press often called the trial of counterfeiters a «massacre». In 1915 in Chernihiv the credit notes signed by cashier S. Brut because of misinformation about their fraud, the population became wary of exchanging such a money, calling it «Brut’s rubles». For flat metal engraved cliches to print counterfeit assignments and credit cards the term «boards» was used, and coin counterfeiting tools are referred to as «counterfeiting machines» or «weapon tools».

scholarly journals On the Concept of the Human Rights Activities and the Human Rights System or on Organizational and Legal Prerequisites for the Nationwide Happiness

2021 ◽  
Vol 1 ◽  
pp. 27-35
Author(s):  
Yuriy V. Kim ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
The State ◽  
Public Authorities ◽  
Head Of State ◽  
State Organizations ◽  
Definition Of ◽  
Almost All ◽  
Domestic Law

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

scholarly journals Religion as a Means of Maintaining Legitimacy in the Canadian State

Axis Mundi ◽  
2017 ◽  
Vol 3 ◽  
pp. 1-28
Author(s):  
Pat Hart
Keyword(s):  
Max Weber ◽  
Harvard University ◽  
The State ◽  
Stable Order ◽  
Nation States ◽  
Edward Shils ◽  
Socially Relevant ◽  
The Concept Of Law ◽  
Definition Of ◽  
Relevant Degree

“[I]f a system of rules is to be imposed by force on any, there must be a sufficient number who accept it voluntarily. Without their voluntary co-operation, thus creating authority, the coercive power of law and government cannot be established” 1 – H.L.A. Hart “For a domination...justification of its legitimacy is much more than a matter of a theoretical or philosophical speculation; it rather constitutes the basis of very real differences in the empirical structure of domination. The reason for this fact lies in the generally observable need of any power, or even of any advantage of life, to justify itself.”2 – Max Weber I. Introduction In the above quotes, Hart and Weber both point to a requisite element that all nation states share in their quest to maintain a stable order. To appear legitimate, a state must represent itself in a way that is palatable to its citizens. Put differently, a state must convince its populace that the power it wields is rightly wielded. If the majority of its citizens do not accept the legitimacy of the state, then the very stability of the state is undermined; generally, it is only a matter of time before this state is overthrown or reconfigured in a fashion agreeable to the citizenry.3 This issue of legitimacy forms the basis of this study. With a focus on Canada, the following will consider a means by which legitimate status is presented and maintained by the state. 1 H.L.A Hart, The Concept of Law, 2nd ed. (Oxford: Clarendon Press, 1994) at 201 [Hart]. 2 Max Weber, On Law in Economy and Society. Trans. Edward Shils (Massachusetts: Harvard University Press, 1969) at 335 [Weber]. It is important to note that Weber devotes a significant amount of discussion to the definition of ‘domination’. Broadly speaking, Weber states, “in our terminology domination shall be identical with authoritarian power of command. To be more specific, domination will thus mean the situation in which: The manifested will (command) of the ruler or rulers is meant to influence the conduct of one or more others (the ruled) and actually does influence it in such a way that their conduct to a socially relevant degree occurs as if the ruled had made the content of the command the maxim of their conduct for its very own sake” (Weber at 328). 3 Hart, supra note 1 at 201.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

Conceptual Theories of Law and the Challenges of Global Legal Pluralism

2020 ◽  
pp. 317-338
Author(s):  
Wibren van der Burg
Keyword(s):  
Legal Pluralism ◽  
Family Resemblance ◽  
Legal Philosophy ◽  
General Definition ◽  
Legal Obligations ◽  
The Concept Of Law ◽  
Definition Of ◽  
Conceptual Pluralism ◽  
Pluralist Approach ◽  
Concept Of Law

One of the perennial discussions in legal philosophy is: What is law? Theories that elucidate the concept of law and provide definitions may be called conceptual theories of law. For such conceptual theories, global legal pluralism presents at least four major challenges. First, it recognizes a wide variety of types of law. Second, it recognizes a wide variety of law-producing actors. Third, it accepts that legal orders may gradually emerge. Fourth, legal orders overlap and are intertwined in many ways. We may discern three different strategies to deal with these challenges: monist, relativist, and pluralist. This chapter defends a pluralist approach, namely legal interactionism. It builds on American pragmatism, especially on the work of Lon Fuller and Philip Selznick. Legal interactionism recognizes interactional law as a source for legal obligations, but also accepts that contract and enacted law may constitute relatively autonomous legal orders in their own right. This chapter focuses on how it implies conceptual pluralism and definitional pluralism, and then discusses how this enables it to deal adequately with the four challenges global legal pluralism presents. Legal interactionism emphasizes that the concept of law is plural in character and can best be analyzed in terms of a dynamic family resemblance. If there is not one unified concept of law, but a plurality of defensible, partly incompatible conceptions, there cannot be one general definition of law.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals Theoretical fundamentals of interaction of law enforcement authorities in counteraction of crimes committed by organized groups or criminal organizations formed by an ethnic basis

2021 ◽  
pp. 39-47
Author(s):  
Volodymyr Sevruk
Keyword(s):  
Law Enforcement ◽  
Effective Interaction ◽  
The State ◽  
Law Enforcement Agencies ◽  
Effective Factor ◽  
Long Run ◽  
Criminal Organizations ◽  
Criminal Groups ◽  
Definition Of ◽  
Legal Concepts

The analysis of the researched scientific problems on counteraction to crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis, now necessitates further research of ethnic crime in Ukraine and the world in general. Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations, formed on an ethnic basis, is impossible without understanding the essence of this problem, relevant legal concepts and classification and identification of features of organized ethnic crime that are important for law enforcement and the state. The main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. Thus, for the effective interaction of law enforcement agencies in combating crimes, committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and realization of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. Theoretical principles of law enforcement interaction in combating crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis by generalizing, analyzing and systematizing the concept of interaction, its forms, methods and types, are analyzed. An author's definition of the concept of interaction among police during counteraction to crimes, committed by organized groups and criminal organizations, formed on ethnic basi, is given

scholarly journals Criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions on combating money laundering

2020 ◽  
pp. 76-81
Author(s):  
A.V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Financial Institutions ◽  
The State ◽  
Economic Crime ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Definition Of ◽  
Work Done ◽  
Quantitative Indicators

The article is devoted to the definition of criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds. The urgency of the problem described in the article is due to the need to increase the effectiveness of counteracting the facts of money laundering, given the state of economic crime and the losses from its existence. The article clarifies the essence of such concepts as «criterion», «evaluation» and «efficiency». Attention is drawn to the fact that the effectiveness of the interaction can be judged based on the purpose of the interaction itself. It is stated that in evaluating efficiency, qualitative and quantitative indicators should be taken into account, while the latter in the form of statistics should be considered mainly as a source of information on the state of crime, the amount of work done, and not its results. The criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds are: 1) reducing the proportion of latent crime; 2) state of information support; 3) the speed of response of financial institutions to the request of law enforcement agencies to provide certain information; 4) state of cooperation with other entities of the system of counteraction to the legalization (laundering) of proceeds from crime; 5) the number of indictments drawn up; 6) public opinion. It is concluded that the evaluation of the effectiveness of the interaction of these entities on the basis of the criteria we define will only be relevant if it is objective, of public importance, relevant to the purpose of the interacting entities.

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