scholarly journals THE IDEA OF LAW AS AN UNKNOWN PHENOMENON OF LAW ENFORCEMENT

2019 ◽  
Vol 29 (4) ◽  
pp. 522-529
Author(s):  
O.A. Puchkov
Keyword(s):  
Law Enforcement ◽  
Individual Rights ◽  
Law Enforcement Agencies ◽  
Application Of Law ◽  
Judicial Decisions ◽  
Positive Law ◽  
Personal Rights ◽  
Constitutional Justice ◽  
Per Se ◽  
Post War

The article is devoted to the concepts of the idea of law and law enforcement. The author justifies the idea that the application of law should be based on the idea of law. Modern trends in law enforcement convince that since the post-war period, law enforcement agencies (and, above all, the courts) increasingly make decisions and sentences not only on the basis of the norms of positive law, but also guided by the norms of morality, ethics, principles of respect for individual rights and freedoms. The idea of law is a concept in which the imperative is expressed in a concentrated form, implying the observance of personal rights and freedoms, morals and ethics, etc., by state bodies. The influence of the idea of law on law enforcement can give the latter properties that correspond to the modern ideas of justice and morality of law. On the basis of the analysis of acts of constitutional justice and judicial precedents, the author proves that judicial decisions and other law-enforcement acts, adopted under the influence of the idea of law, acquire new qualities that allow them to dynamically exert a positive legal impact. As a result, the acts of law enforcement can be considered as a law per se.

scholarly journals Management of Legal Processes: Statement of the problem

2019 ◽  
Vol 15 (2) ◽  
pp. 12-20
Author(s):  
V. L. Schulz ◽  
S. A. Bochkarev
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Human Sciences ◽  
Universal Method ◽  
Law Enforcement Agencies ◽  
Text Interpretation ◽  
Judicial Decisions ◽  
The Social ◽  
Legal Processes

Introduction. The article considers the category of management from the standpoint of history, theory and philosophy. The law and the processes of its implementation in practice have been chosen as the social context within which the importance and potential of management has been studied.Materials and methods. The article actively uses both contributions of natural science and papers written for the purpose of understanding the humani-tarian knowledge. The methodological basis of the article includes the universal method of cognizability of the world, such logical methods as induction and deduction, the achievements of comparative jurisprudence, the method of text interpretation (mainly judicial decisions and regulations).The results of the study. The paper tries to answer the questions what management is in principle, what are the possible and acceptable forms of its manifestation in jurisprudence. The meanings in which management is used in the natural and human sciences are compared. A distinction is made between the concepts of “management of legal processes” and “public administration”.Law enforcement processes are much rationalized, and law has maintenance of order as its highest goal. The absence of reference to management in the procedural legislation serves as an indirect but sure sign that governance in law does not exist in the form in which it is represented in the natural sciences.Discussions and conclusions. Subject to the above it was concluded that management in law is manifested and realized in a peculiar way. It is implemented in legal processes through decentralized principles, i.e. by the participants themselves on a parity and consensual basis. The role of guides is played by symbolic means - the principles of law and the values protected by it. The role of doers is played by instrumental means - law enforcement agencies and institutions. The role of organizes is exercised by the subjects of law (individual, society and the state), and the function of consumers is realized by the subjects of specific legal relations.

scholarly journals Actual state of development of human resources Policy of the penal system (on the example of Mongolia)

2020 ◽  
Vol 2020 (3) ◽  
pp. 106-110
Author(s):  
Dosimbek Murat
Keyword(s):  
Law Enforcement ◽  
Human Resources ◽  
Institutional Framework ◽  
Actual State ◽  
Penal System ◽  
Law Enforcement Agencies ◽  
Judicial Decisions ◽  
Foreign Countries ◽  
Probation Service ◽  
Correctional System

The penal system of Mongolia differs greatly from other law enforcement agencies of Mongolia and foreign countries. First of all, this kind of distinction is related to its structure which involves criminal and civil penal systems. The effectiveness of the realization of the mission of Mongolia correctional system as a body of the probation service depends substantially on the strategy of its human resources policy. On the basis of the study of actual state of human resources policy the author consequently concludes that it would be appropriate to create a unified systemic regulatory and institutional framework for human resources policy of Mongolia enforcement bodies responsible for executing judicial decisions. The guidance on solving current issues of the today’s human resources policy of the penal system is offered.

scholarly journals Coercion Factor in the Context of "Soft Law"

Lex Russica ◽  
2019 ◽  
pp. 56-67
Author(s):  
A. V. Demin ◽  
S. E. Groysman
Keyword(s):  
Law Enforcement ◽  
Social Interactions ◽  
Regulatory System ◽  
Soft Law ◽  
Law Enforcement Agencies ◽  
Public Power ◽  
General Rules ◽  
State Coercion ◽  
Per Se ◽  
Legal Consequences

The authors raise issues concerning the factors that determine compliance with the acts of “soft law” by participants of social interactions. At the same time, soft law is defined as a set of formalized general rules (norms, principles, criteria, standards) that do not have a legally binding nature, are not provided with official sanctions and are observed voluntarily due to the authority of their makers, the interest of the addressees and targeted social “pressure” that is put by the community on potential (and actual) violators. A key issue that arises in the context of “soft law” is whether law can exist without state coercion? If soft law is not secured by sanctions of a public-power nature, how is its binding character (validity) maintained? Is state coercion — in the form of direct violence or its threat — an attribute of a legal norm? The inclusion (or non-inclusion) of “soft law” norms in national legal systems, their application by courts and other law enforcement bodies, the authority and attractiveness of soft law as a regulatory system, etc., depend on the solution of these questions. Acts of “soft law” formally do not belong to the sources of law, do not contain legally binding provisions backed by state sanctions, but have some legal significance (sometimes essential) and sometimes — legal consequences. Ultimately, the authors conclude that by its nature, “soft law” per se is not legally binding, but the facts of universal recognition and application (primarily by the courts and other law enforcement agencies) give soft law instruments de facto binding character.

scholarly journals Escapes from Special Settlements: Goals, Means, and Sanctions

2021 ◽  
Vol 9 (3) ◽  
Author(s):  
Olga Filippenko
Keyword(s):  
Law Enforcement ◽  
Western Siberia ◽  
Soviet Regime ◽  
Law Enforcement Agencies ◽  
Separate Type ◽  
Post War

This paper explores escapes from special settlements by analysing three key escape components: goals, means, and sanctions. Based on this, the author identifies the correlation between the factual circumstances of the escape and the subsequent punishment. As a result, the paper expands on the understanding of policies pursued by the Soviet regime in relation to special settlers. More particularly, it offers a new analysis of the decree of 26 November 1948, according to which escape from such settlements was to be punished with twenty years of penal servitude. Further, the paper explains in detail why special settlers violated the rules established by the regime, providing an answer to the question about whether this behavior was a form of protest or a means to potentially improve their situation in exile. In addition, particular attention is paid to analysing the methods that special settlers used to make their escapes. The paper explores where escapees procured money and false documents, what type of transport they preferred, and who hid them. The information presented is drawn from Soviet documentation, party, and law enforcement agencies of various levels (district – region – centre). These sources make it possible to analyse the positions of various actors on fighting escapes, as well as to characterise the confrontation not only as being one between the centre and the regions, but also as being a confrontation between different power and economic structures. The chronological framework covers the post-war period; the territory examined encompasses three regions of western Siberia, i. e., Kemerovo, Novosibirsk, and Tomsk. The article is divided into three parts, each of which considers a separate type of escape: unauthorised absences, unauthorised relocations, and intentional escapes. These categorisations are determined in accordance with the final goals that the special settlers wanted to achieve.

scholarly journals On the problems of application of customary law in the criminal prosecution of persons of small indigenous peoples of the north

2021 ◽  
Vol 17 (2) ◽  
pp. 101-105
Author(s):  
Natalya Yu. Akinina ◽  
Valery Filippovich Anisimov ◽  
Valeriy T. Galkin
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Positive Law ◽  
The North ◽  
Law Enforcement Officials ◽  
Indigenous Minorities ◽  
Environmental Crimes

The subject of the study is the problems of application of the norms of criminal law stipulating responsibility for environmental crimes against representatives of persons of small indigenous minorities of the North, the essence of which is the conflict between the positive law and the customary law of these peoples. The purpose of the study is to analyze the causes of this conflict, as well as to substantiate the necessity of applying the norms of customary law of indigenous peoples of the North in their criminal prosecution for environmental crimes. As a result of the study, the assumption is made that knowledge of the norms of customary law by law enforcement officials will allow to relieve social tension between the indigenous peoples of the North and the law enforcement agencies. That is why it is necessary to begin work on the formation of a code of customary law, as well as recommendations for its application, which could become a document to be used as a recommendation for law enforcement bodies in their decision-making.

scholarly journals “Retribution for betrayal”: Attempts of social integration of former employees of the local police of the Gebitskommissariat “Bila Tserkva” at the Reichskommissariat Ukraine into post-war Soviet society

2020 ◽  
Vol 3 (1) ◽  
pp. 81
Author(s):  
Оleksii Hоncharenko
Keyword(s):  
Law Enforcement ◽  
Social Integration ◽  
Police Officers ◽  
Practical Importance ◽  
System Level ◽  
Soviet Society ◽  
Law Enforcement Agencies ◽  
Special Services ◽  
Local Police ◽  
Post War

The purpose of the article is to identify the forms and means of social integration of former police officers of the Bila Tserkva Commissariat in the post-war Soviet society. Methods of research: analytical-synthetic, historical-chronological, comparative-historical, logical. Scientific novelty. Forms and methods of social integration of the former police commissioner of Bila Tserkva in the Soviet society for the first time are analyzed in detail. Practical importance. The study identifies typical models of social integration of people who, in the context of occupation from different circumstances, embarked on a betrayal path, but failed and tried to return to a peaceful life. The originality of the study is based on the identification and analytical and synthetic processing of previously unknown archival sources of the Soviet special services. Main results. The problem of social integration of former local police officers into post-war Soviet society is considered as an example of a separate administrative district of the Ukraine Reichskommissariat. At the system level, the forms and methods of social integration of people who, during the war, followed the instructions of the German authorities and carried out the main directions of the Nazi occupation policy are clarified. The typical behavior models of former police officers in the post-war period are highlighted. Examples of criminal proceedings against people who served in local law enforcement agencies of the Bila Tserkva gebitskommissariat are given. The facts of mistakes of the investigative Soviet special services of the NKDB and the KGB system are established. On the example of specific life destinies, the conclusion is drawn about the selectivity of the repressive measures against former police officers by Soviet law enforcement agencies. Article type: research.

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.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

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