scholarly journals THEORETICAL DEFINITION OF THE SUBJECT OF CRIMINAL OFFENSES AGAINST THE LAND RESOURCES OF UKRAINE AND ITS INFLUENCE ON LAW ENFORCEMENT

2021 ◽  
pp. 252-255
Author(s):  
A.M. Shulha
Keyword(s):  
Law Enforcement ◽  
Land Resources ◽  
Criminal Offenses ◽  
The Subject ◽  
Definition Of

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals Traces of murders committed by convicts in prison

2019 ◽  
pp. 104-109
Author(s):  
K.G. Shelenina
Keyword(s):  
Law Enforcement ◽  
Direct Evidence ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Enormous Amount ◽  
The Subject

The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.

scholarly journals THEORETICAL BASES OF EXPERT PREVENTION: CONCEPT AND TASKS

2019 ◽  
Vol 20 (2) ◽  
pp. 151-162
Author(s):  
N. Filipenko ◽  
O. Uhrovetskyi ◽  
O. Sharapova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Important Place ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Conceptual Foundations ◽  
The Relationship

The article analyzes conceptual foundations, views and ideas concerning the essence of expert prevention. The relationship between the concepts of «prevention» and «prevention», which is in contact with each other, is investigated, because one of the main problems of the criminal investigation of the phenomenon of expert prevention is the ambiguity of both scientific understanding and the practical application of the corresponding conceptual-categorical apparatus. It is emphasized that the essence of expert prevention is the influence of the relevant subjects on crime through the use of special professional knowledge. That is, to the subject of forensic examination, should include studies of circumstances on the basis of which can be and should be developed scientific, organizational and technical measures of preventive nature. Proven that among the tasks of preventive nature, which can be solved by the staff of judicial-expert institutions, the development of aimed at forecasting in criminalistic aspects of circumstances contributing to the commission of crimes, taking into account the possibilities of certain types of expert research, should occupy an important place. It is proved that the preventive activities of forensic institutions of Ukraine should be carried out: in the production of examinations in specific criminal, administrative or civil cases; by summarizing expert, as well as forensic investigative practices; in the process of research on expert prevention; by providing on the basis of special knowledge of scientific and practical assistance to government agencies and public organizations in identifying circumstances conducive to the commission of crimes. In order to improve the quality of expert-preventive activities, the staff of the forensic institutions of Ukraine should pay maximum attention to the promotion of preventive activities among representatives of law enforcement and law enforcement agencies. On the basis of the analysis, the author’s definition of expert prevention is given: the activity of a forensic expert based on the laws and by-laws of normative legal acts, aimed at revealing the circumstances contributing to the commission of a crime, and the development of measures for their elimination with the use of special knowledge.

scholarly journals THE PROBLEMS OF DEFINITION OF THE ABETTING IN THE COMISSION OF THE OFFENCES INVOLVING THREATS TO PUBLIC HEALTH (PART 1 OF ARTICLE 9 OF THE COUNCIL OF EUROPE CONVENTION ON THE COUNTERFEITING OF MEDICAL PRODUCTS AND SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH)

2021 ◽  
Vol 74 (11) ◽  
pp. 2912-2915
Author(s):  
Pavlo S. Berzin ◽  
Ivan S. Demchenko ◽  
Anzhela B. Berzina
Keyword(s):  
Public Health ◽  
Criminal Code ◽  
Structural Method ◽  
Council Of Europe ◽  
Legal Method ◽  
Criminal Offenses ◽  
Adequate Understanding ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation

The aim: based on the features of the notion of “abetting the commission of crimes established in accordance with the Convention” provided for in Part 1 of Art. 9 of the Medicrime Convention, it is necessary to offer an adequate understanding of the notion of “abetting” and define the types of criminal offenses (crimes) that are the “subject” of such abetting. Materials and methods: the research is based on an analysis of the provisions of the Medicrime Convention and the criminal law of Ukraine. The following methods were used: dialectical method; hermeneutic method; systemic-and-structural method; and comparative-legal method. Results: at the legislative level, there is a problem of designating the relevant socio-legal phenomena with adequate concepts and interpretations of these concepts. In the current criminal legislation of Ukraine, there is no definition of the concept of “abetting”, which is used in Part 1 of Art. 9 of the Medicrime Convention. Therefore, in the implementation of the requirements provided for in Part 1 of Art. 9 of the Medicrime Convention, each Party takes the necessary legislative and other measures to recognize abetting in committing any crimes, established under this Convention, as a crime, therefore we should take into account the existence of two alternative ways to explain the meaning of “abetting”: 1) to recognize at the legislative level that “abetting” and “incitement” are synonyms, and therefore the meaning of the term “abetting” can be explained by using the term “inclination”; 2) to recognize at the legislative level that the concept of “abetting” has a meaning different from the concept of “incitement”, and covers not only “inclination”, but also “coercion”, “motivation” and “encouragement”. Conclusions: the main disadvantage of using the concept of “abetting” in the text of the Ukrainian translation of the Medicrime Convention is that without an independent explanation of this concept at the legislative level, its content should be determined depending on the meaning of the term “inciter” under Part 4 of Art. 27 of the Criminal Code of Ukraine), and means inciting a person to commit any of the crimes specified in the Medicrime Convention.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

Preliminary agreement in the purchase and sale’s obligations of real estate

2020 ◽  
pp. 197-205
Author(s):  
Tatyana Bogdanova ◽  
Elena Selezneva
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Opposite Case ◽  
Condi Tions ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Joint Property ◽  
Property Regime

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.

scholarly journals Law enforcement policy: notion, content, purpose.

2017 ◽  
Vol 1 (3) ◽  
pp. 5-14
Author(s):  
Alexander Malko ◽  
Victor Rudkovsky
Keyword(s):  
Law Enforcement ◽  
Legal Regime ◽  
Basic Principles ◽  
Enforcement Policy ◽  
General Law ◽  
The Subject ◽  
Definition Of ◽  
Legal Subjects ◽  
Law Enforcement Management ◽  
Working Out

The subject of research is law enforcement policy as an integral part and form of the realizationof complex system phenomenon of legal policy.The purpose. The study of optimization of law enforcement policy as a vital task of legalscience and practice.The results and scope of it’s application. Law enforcement policy creates the strategy andtactics of law enforcement and significantly defines its social efficiency.The content of law enforcement policy is diverse. It comprises such questions as: definitionof main state priorities in the sphere of law realization; working out major goals and principlesof law enforcement activity; coordination and general law enforcement management;stimulation of scientific and other activities aimed at the improvement of forms and methodsof individual powerful actions; definition of scientifically proved criteria of its efficiency;provision of the legal regime in the country, the regime of exact abidance of the constitutionand other laws by all legal subjects; creation of necessary political and organizational guaranteesof realization of laws and personal freedom; working out basic principles of cooperationbetween state, society and person in sphere of law realization; development of legalcommunications, provision of transparency, availability of the information concerning thechanges made in law realization sphere, their goals, achieved results etc.Conclusions. Law enforcement policy is the field of interdisciplinary investigations. That iswhy both law theorists and representatives of specific juridical sciences should study it. Theenforcement policy is an important factor for the optimization of law enforcement and thepractice of realization of law in general.

scholarly journals Case-based method of training in the formation of universal competencies of students in educational organizations of the system of the Ministry of Internal Affairs of Russia

2019 ◽  
Vol 2019 (3) ◽  
pp. 188-196
Author(s):  
Людмила Кузнецова ◽  
Lyudmila Kuznetsova ◽  
Людмила Осинцева ◽  
Lyudmila Osintseva
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Educational Process ◽  
Educational Institutions ◽  
Case Method ◽  
Educational Organizations ◽  
The Subject ◽  
Basic Concepts ◽  
Internal Affairs ◽  
Definition Of

The article is devoted to the formation of universal competences of students in educational institutions of the system of the Ministry of Internal Affairs of Russia using the case-method of teaching. The authors have identified the main synonymous contradictions in the definition of the concept of “universal competence”. The main problems that lie in the choice of means and methods of development and the formation of universal competencies of students are highlighted. The subject of the study was determined the process of formation of universal competencies of students. The basic concepts of the competence approach are considered. It shows what universal competences should be formed in the framework of GEF3 ++ by a specialist in the specialty law enforcement. Disclosed the concept of educational technology, as well as the essence of the case-method of teaching. It schematically shows what the technological stages of the case-method of teaching consist of. An example of one of the mini-projects, which is aimed at the formation of universal competencies of students. Table 1 showed the stages of formation of universal competencies among students, and Table 2 showed the formation of universal competencies of students in a class on the basics of special ATS equipment. As a result of the study, it can be concluded that, in general, the case method allows to improve the educational process, involve students in the process of live communication, instill autonomy for searching, analyzing, extracting and evaluating information, which contributes to the process of developing universal competences of future police officers. In this paper, the following methods were applied: comparative analysis, case-method of teaching.

scholarly journals THE CONCEPT AND STRUCTURE OF THE IMPLEMENTATION OF PROSECUTOR's SUPERVISION OVER THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES

2021 ◽  
Vol 31 (4) ◽  
pp. 681-689
Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Implementation Process ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Individual ◽  
Supervisory Relations

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.

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