scholarly journals FORENSIC PROBLEMATIC ASPECTS OF COMBATING CRIMES IN CYBERSPACE

2020 ◽  
pp. 283-290
Author(s):  
M. Dumchykov ◽  
V. Pakhomov ◽  
O. Bondarenko
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
International Organizations ◽  
Modern Society ◽  
Legal Framework ◽  
Point Of View ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Legislative Regulation

The article deals with the main forensic issues in the fight against cybercrime, as a new threat to modern society. The statistics of cybercrime and the relevance of this problem in Ukraine and other countries of the world are given. The problems of applying the concept of computer crime and the need to amend the legal framework, as well as attracting the help of international organizations, companies and specialists in the field of information technology is examined. It analyzes the rapid increase in cybercrime in modern conditions. The interpretation of concepts related to crimes in cyberspace, both in national and international legislation, is considered. When considering the problem of combating cybercrime, the works of such scientists as L.P. Zverianskaia, M.A. Vinokurova, A.P. Kireenko, S.V. Chuprova. The main problems that arise in the study of such crimes are identified: – the lack of an agreed theoretical base, and as a result, legislative regulation suffers; – lack of specialists in the field of information technology in law enforcement agencies; Криміналістика і судова експертиза. Випуск 65 290 The issues of prevention and combating cybercrime, and the solution of these problems are investigated. The main measures to combat and minimize existing problems, namely: – technical and theoretical improvement: the need to justify a single concept of cyberspace in all national legislation, from the point of view of forensics, which will allow a new legislative regulation of this area; – new approaches based on a wider use of the achievements of scientific and technological progress that will help to successfully identify and investigate such crimes; – the need to provide law enforcement with highly qualified specialists in the field of information technology; – attracting international support in the form of international organizations, companies and specialists.

scholarly journals The Interaction of the Investigator with the Body of Inquiry During the Investigation of Crimes in Criminal Cases of Extremism: The Problems and Ways of Their Solving

Legal Concept ◽  
2021 ◽  
pp. 65-73
Author(s):  
Vladimir Shinkaruk ◽  
Svyatoslav Biryukov ◽  
Alexander Rezvan
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Point Of View ◽  
The Body ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Law Enforcement Officials ◽  
The Law

Introduction: the issues of interaction of the investigator, as the central figure in the process of investigating crimes of extremism, continue to be the object of attention of scientists and practitioners. And this is not surprising, because the state of interaction of the investigator with the body of inquiry, the representatives of other services and departments, first of all, the law enforcement agencies directly depends on the speed of solving and the completeness of the investigation of each committed extremist crime, and this, in turn, affects the prestige of law enforcement agencies among the population and, as a result, the level of criminogenic situation. Despite the large number of recommendations available in the legal and specialized literature aimed at improving certain aspects of this type of activity of the person conducting the investigation, the dynamically developing criminal procedure legislation, as well as actively changing the operational-search and investigative practice, provide new food for analyzing the current state of interaction, in order to identify those newly emerging factors that negatively affect the organization and state of interaction of the main subjects of the investigation and which, ultimately, have a negative impact on the course and results of the investigation. In this regard, the authors aim to highlight some problematic issues that arise in the course of organizing and maintaining the proper level of interaction between the investigative body and other subjects of the investigation to ensure the prompt and comprehensive establishment of all the circumstances to be proved. Tasks: to describe the areas of interaction between the investigator and the body of inquiry during the investigation of crimes in cases of extremism; to give recommendations aimed at overcoming these problems. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the authors’ point of view on the problems associated with the organization of interaction between the investigator and employees of other services and departments of the law enforcement agencies in order to uncover and investigate crimes of extremism, as well as the proposed ways to solve them, based on the analysis of modern operational and investigative practice, trends in the development of the current criminal procedure legislation make it possible to use them in the practical activities of the authorized law enforcement officials in their practical activities aimed at solving and investigating crimes. Conclusions: as a result of the study, the existing problems determined by the changes in the criminal procedure legislation and operational and investigative practice are identified, and the ways to overcome them are proposed in order to inform students in the field of training “Jurisprudence”, teachers of law schools, as well as practitioners in order to better understand the specifics of the investigation of crimes of this category.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

scholarly journals Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 30
Author(s):  
Alexander V. Demin
Keyword(s):  
Law Enforcement ◽  
Everyday Life ◽  
International Organizations ◽  
Good Faith ◽  
The Other ◽  
Tax Law ◽  
General Requirement ◽  
Law Enforcement Agencies ◽  
The One ◽  
Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

scholarly journals GENDER CHARACTERISTICS OF WOMEN's CRIME

2021 ◽  
Vol 31 (5) ◽  
pp. 904-910
Author(s):  
S.A. Styazhkina
Keyword(s):  
Law Enforcement ◽  
Modern Society ◽  
Social Characteristics ◽  
Educational Institutions ◽  
Law Enforcement Agencies ◽  
Female Crime ◽  
The Social ◽  
Gender Status ◽  
Gender Characteristics

The article deals with the issues of criminological characteristics of female crime, analyzes the data of official statistics. Special attention is paid to the analysis of the causes and conditions of female crime. The paper substantiates the need to study women's crime, study its causes and conditions. The peculiarities of women's crime are determined by the gender status and the role of women in modern society. In this regard, the article analyzes the social characteristics and psychological characteristics of women in modern Russia. Special attention is paid to the prevention of women's crime. It is proposed to develop a national program for the prevention of women's crime. The program should be comprehensive in nature, and also contain a system of interaction between various bodies and services in the prevention of women's crime, ranging from educational institutions to law enforcement agencies.

scholarly journals Forensic researches at National Academy of Internal Affairs: heritage of scientific schools (Review Article)

2021 ◽  
Vol 23 (1) ◽  
pp. 24-44
Author(s):  
S. Cherniavskyi ◽  
V. Yusupov
Keyword(s):  
Law Enforcement ◽  
Scientific Activity ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Main Research ◽  
Scientific Schools ◽  
Legal Science ◽  
Science And Education ◽  
Internal Affairs ◽  
High Level

The Article purpose is to disclose the process of the formation of forensic scientific schools in the National Academy of Internal Affairs on the basis of the study of its historical development; to emphasize the role of heads of departments and leading professors of the National Academy of Internal Affairs in formation of forensic scientific schools, identify the main research directions of forensic scientific schools of the National Academy of Internal Affairs, highlight their contribution in training of highly qualified scientific and pedagogical staff; to emphasize achievements of forensic scientific schools of the National Academy of Internal Affairs and their significance for advancement of legal science and education in Ukraine. When covering the article content, historical, historiographic, terminological, systemic-structural, formal-logical, comparative-legal and statistical methods have been applied.  It is substantiated that the center for the development of forensic scientific schools in the National Academy of Internal Affairs is the Department of Criminalistics. Main directions of research of forensic scientific schools in the National Academy of Internal Affairs have been systematized and shown. It has been proved that forensic scientific schools of the National Academy of Internal Affairs are developing according to two scientific directions: innovative research of non-traditional traces of crime (the school of Professor M. V. Saltevskij); advancement of investigative activities and methods of investigating criminal offenses based on studying tactics applied by criminals, current achievements in science and technology (school of Professor V. P. Bahin). Scientific links between forensic schools of the National Academy of Internal Affairs and other forensic schools and centers of research institutions, higher educational institutions, law enforcement agencies have been demonstrated. Forensic scientific schools of the National Academy of Internal Affairs play a crucial role in the development of legal science and education, contribute to the formation of the high level of professionalism in law enforcement agencies and lawyers, ensure the unity of law enforcement practice and educational-scientific activity in higher education institutions.

Justice and equity

2021 ◽  
Author(s):  
Mihail Kleandrov
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Point Of View ◽  
Law Students ◽  
Death Sentence ◽  
Judicial Discretion ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Court Proceedings ◽  
Rule Making

The monograph examines the fundamental problems of justice from the point of view of the need to ensure organizational and legal means of justice in judicial activity. The problems of philosophical, legal and other approaches to understanding justice and the mechanism of justice are studied; the problems of justice in the system of current legislation, including in the conditions of uncertainty of legal norms, within the framework of judicial discretion, in judicial law - making and rule — making; the problems of evidence in court proceedings; the problems of fair justice in extreme conditions of the coronavirus pandemic; as a vector of the future-the problems of justice carried out by artificial intelligence; the problem of justice of the death sentence. Proposals aimed at improving the mechanism of fair justice are being made. For employees of legislative, judicial and law enforcement agencies, active judges and those who want to become them, scientists, teachers, graduate students and law students, as well as for practicing lawyers.

Hackers and Cyber Terrorists

2008 ◽  
pp. 1708-1716 ◽  
Author(s):  
M. J. Warren
Keyword(s):  
Health Care ◽  
Information Technology ◽  
Law Enforcement ◽  
Societal Perspective ◽  
Modern Society ◽  
Government Health ◽  
Implicit Dependence

Many aspects of our modern society now have either a direct or implicit dependence upon information technology (IT). As such, a compromise of the availability or integrity in relation to these systems (which may encompass such diverse domains as banking, government, health care, and law enforcement) could have dramatic consequences from a societal perspective.

scholarly journals TRANSGRESSION AND THE SEARCH FOR IDENTITY IN THE CONTEXT OF GENDER PROBLEM AND CYBERFEMINISM

2020 ◽  
pp. 33-46
Keyword(s):  
Information Technology ◽  
Women Workers ◽  
Gender Studies ◽  
Modern Society ◽  
Gender Research ◽  
New Humanism ◽  
Existing Problems ◽  
The Past ◽  
Methodological Principles ◽  
Modern Form

The article considers the features of gender researches in the context of significant changes taking place in the technical and technological sphere of modern society. The authors considered it their task to trace the evolution of the gender issue starting with the actual ignoring of scientific and technological progress realities in early feminism to the natural synthesis of this issue with the achievements of technoscience and information technology. The most modern form of such a synthesis was cyberfeminism. The authors were meticulous about the terminological apparatus of this problem, about the explication of the newest concepts, which, thanks to gender studies, have significantly enriched the modern humanitarian discourse. The peculiarity of this study is an attempt to identify the logic of gender research evolution, which adjusts to the formation of a new humanism, awareness of the identity of many strata of modern society (women, workers, people with disabilities, etc. – those who have traditionally been oppressed in the past) and the search for the ways to struggle for their rights and their future. The article outlines the methodological principles of gender studies, because it is the methodology that allows you to productively develop these studies in the context of postmodern humanities. As a result of the study, the constructive possibilities of gender research, the prospects of their methodology, which allows to form the foundations of modern humanism, to find upgrades as to solve existing problems so to anticipate new challenges of the XXI century. Basing on foreign sources, where the gender problem is being studied quite actively and is developing rapidly, the authors of the article also analyze the state of gender research in Ukraine, which takes into account the realities of technoscience and information technology.

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.

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