Lawyers request a procedural document in a court proceeding

2020 ◽  
pp. 96-102
Author(s):  
Volodymyr Hromko
Keyword(s):  
Law Enforcement ◽  
Practical Problem ◽  
Practical Experience ◽  
Criminal Code ◽  
Practical Relevance ◽  
Law Enforcement Agencies ◽  
Scientific Cognition ◽  
Legislative Framework ◽  
Court Proceeding ◽  
Logical Semantic

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer's request, more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request. Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience. The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others. Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time. An alternative is proposed to remedy and resolve issues related to this issue. Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer's tool such as a lawyer's request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine "On Advocacy and Legal Activities", as well as in the Criminal Code and Criminal Procedure Ukraine.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

scholarly journals SUATU KAJIAN YURIDIS TERHADAP PENGGUNAAN ALAT BUKTI ELEKTRONIK DALAM KEJAHATAN CYBER DALAM SISTEM PENEGAKAN HUKUM

2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Electronic Evidence ◽  
Procedure Code ◽  
The Law ◽  
Witness Statements ◽  
And Function

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.

FORMS AND METHODS OF PARTICIPATION OF PRIVATE SECURITY GUARDS AND VOLUNTARY PEOPLE'S PATROL IN RESPONSE TO ILLEGAL TRAFFICKING OF WEAPONS

2018 ◽  
pp. 78-95
Author(s):  
Denis Mikhaylovich Denisov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Negative Impact ◽  
National Guard ◽  
Criminal Code ◽  
Private Security ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Security Issues ◽  
The Russian Federation

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.

scholarly journals Classification System of Crimes in Criminal Code of the Republic of Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 1094-1101
Author(s):  
Nargizakhon Rakhimjonovna Rakhimjonova
Keyword(s):  
Law Enforcement ◽  
Classification System ◽  
Criminal Code ◽  
Focus Of Attention ◽  
Law Enforcement Agencies ◽  
Legal Professionals ◽  
General Part ◽  
The Republic

For many years, the issue of classification of crimes has been in the focus of attention of legal professionals, in particular, legal scholars, experts, law enforcement agencies. The reason is that it is through the classification of crimes that a socially dangerous act committed can be punished and the purpose of the punishment can be achieved. The system of classification of crimes is a list of crimes provided for in the Criminal Code, arranged in a certain order, depending on the severity of the crime. This article illustrates classification system of crimes according to the Criminal Code of the Republic of Uzbekistan. There are given essential statistics on each type of crime and the importance of classification system of crimes in applying the norms of General Part of the Criminal Code of Uzbekistan.

scholarly journals Protection of public relations in the field of amber mining in Ukraine: legal aspect

2021 ◽  
pp. 124-128
Author(s):  
Y.A Kholod ◽  
I.M Pogrebnoy ◽  
K.O Chyshko ◽  
D.S Heta ◽  
O.P Shaituro
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Protection Legislation ◽  
Legal Concepts

Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.

scholarly journals Current problems of the institute of extradition in modern criminal proceedings Russian Federation

2020 ◽  
pp. 126-135
Author(s):  
S. V. Matveev ◽  
S. M. Kolotova
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Legislative Framework ◽  
The Russian Federation

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 

scholarly journals Separate Aspects of Saving the Confidentiality of People Collaboration With Law Enforcement Bodies

2019 ◽  
Vol 85 (2) ◽  
pp. 95-104
Author(s):  
V. M. Davydiuk
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Organization ◽  
Criminal Code ◽  
Security Measures ◽  
Law Enforcement Agencies ◽  
Protective Mechanisms ◽  
Procedural Code ◽  
The One

The organizational and legal provision of security of confidential cooperation in Ukraine has been analyzed. The information on modern problems of ensuring security of the Institution of confidential cooperation has been systematized. The risks arising during the confidential cooperation have been outlined. The author has raised the issue of keeping the balance in ensuring security of a confidant’s personality on the one hand and the need of procedural recording of the information obtained from the confidant on the other hand. Normative and legal regulation of protecting confidants in Ukraine and abroad has been compared. The problematic issues of guarantees for the protection of confidants in the Ukrainian legislation have been revealed; the ways to solve them have been offered. The protective mechanisms that in one form or another should be applied to the confidants have been analyzed: guarantees of social and legal protection, restrictions on the use of certain categories of persons as confidants, etc. The issue of ensuring the safety of the confidants after the cooperation with law enforcement agencies has been raised. The author has offered to establish appropriate security measures for such confidants, to determine the reasons and grounds for the application of such measures, and to outline the mechanism of the implementation of such measures at the regulatory level. The limits of permissible behavior of confidants during the fulfillment of crime counteraction tasks have been studied. It has been offered to supplement the Art. 43 of the Criminal Code of Ukraine with the norm that would extend the rights of persons who under the law, perform a special task by participating in an organized group or criminal organization, to confidants, who assist law enforcement agencies in preventing and/or investigating a serious or particularly serious crime. In the context of involving a confidant in accomplishing the tasks of criminal investigation, the author has offered to provide a separate, secret investigative (search) action, which, by analogy with the norm of the Art. 272 of the Criminal Procedural Code of Ukraine should be conducted according to the resolution of an investigator, agreed with the head of the pre-trial investigation agency, and the decision of a prosecutor.

scholarly journals Responsibility for violations of quarantine and sanitary rules and standards for preventing the spread of coronavirus infection (COVID-19) by law

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Law Enforcement ◽  
Infectious Diseases ◽  
Death Penalty ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Current State ◽  
Foreign Countries ◽  
Coronavirus Infection

The article analyzes the current state of legal support of quarantine requirements and sanitary rules and regulations for the prevention of infectious diseases in foreign countries and Ukraine. To achieve this goal, an analysis of the current legislation of some foreign countries and Ukraine on the grounds for establishing liability for violation of quarantine and sanitary norms and rules. It has been established that the COVID-19 pandemic has forced the governments of different states to introduce administrative and criminal liability in case of violation of quarantine and sanitary norms and rules. To ensure these measures, penalties for non-compliance with the quarantine regime have been introduced, with penalties ranging from warning to imprisonment and even the death penalty. It is established that in Ukraine the issues of administrative and criminal liability for violation of quarantine and sanitary rules and regulations for the prevention of infectious diseases are regulated by Articles 42, 44-3 of the Code of Administrative Offenses and Article 325 of the Criminal Code of Ukraine. It is determined that one of the problems of ineffective application of Articles 44-3, 42 3 of the Code of Administrative Offenses and Article 325 of the Criminal Code of Ukraine is an array of new rules for the prevention of COVID-19, which is constantly changing and introduced by various law enforcement agencies. The study found that despite the adoption of regulations that established liability for violations of statutory rules and regulations introduced by both foreign countries and Ukraine to prevent COVID-19, they have a number of legal conflicts, inconsistencies and gaps. Keywords: quarantine, administrative responsibility, criminal responsibility, infectious diseases, coronavirus, prevention

scholarly journals Genesis of the Institute of Interaction of the State Border Guard Service of Ukraine with Other Law Enforcement Agencies

2019 ◽  
Vol 75 (4) ◽  
pp. 38-42
Author(s):  
І. І. Baidyuk
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Historical Aspects ◽  
Security And Protection ◽  
Scientific Cognition ◽  
Legal Method ◽  
Joint Forces ◽  
General Scientific

The article is focused on the research of historical aspects of interaction between the State Border Service of Ukraine with other law enforcement agencies of Ukraine, which is conditioned by the importance of the tasks assigned to the State Border Service of Ukraine on the security and protection of the state borders, especially in the current conditions of integration of the state into the European space, by reforming a number of law enforcement agencies of Ukraine, the creation of new law enforcement structures and, accordingly, the need to improve existing or establish new cooperation mechanisms of interaction between the above entities. Both general scientific and special methods of scientific cognition made possible to achieveg the set goal and objectives of the study. The central method of the research was the historical and legal method, which allowed to reveal both the historical aspects and the legal basis of interaction of the State Border Service of Ukraine with other law enforcement agencies at different stages. The peculiarities of the interaction of the state border protection agencies with other state entities have been clarified since the V century, when the need for the protection of state borders was first realized and the relevant agencies were created. The author has determined law enforcement agencies that interact with the State Border Service of Ukraine nowadays and the legal basis of such interaction. Particular attention has been paid to the specifics of carrying out interaction of the State Border Service of Ukraine with other law enforcement agencies within the framework of the special border operation “Border”, as well as on the territory of the operation of the joint forces.

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