scholarly journals MEDIATION IN BRIBERY: CURRENT PROBLEMS OF LAW ENFORCEMENT

2021 ◽  
Vol 31 (6) ◽  
pp. 1047-1053
Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov
Keyword(s):  
Law Enforcement ◽  
Criminal Responsibility ◽  
Comprehensive Analysis ◽  
Soviet Period ◽  
Scientific Article ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Scientific Cognition ◽  
Legal Method ◽  
The Law

This article provides a complete and comprehensive analysis of the norms of legislation regulating the issues of combating corruption crimes on the example of mediation in bribery. Using the comparative legal method of scientific cognition, the main national normative legal acts regulating the fight against corruption, as well as normative legal acts of the Soviet period, are analyzed. The scientific article also analyzes the provisions of federal laws and by-laws of state authorities regulating the issues we have raised. In addition, the analysis of the law enforcement practice of law enforcement agencies and courts responsible for the organization of work on the identification, prevention and suppression of corruption crimes, as well as criminal prosecution for their commission, has been carried out. The article also reveals the law enforcement and other problems of bringing to criminal responsibility for mediation in bribery, the promise of mediation in bribery and "imaginary mediation", the criminal law analysis of these crimes by their elements is carried out. Based on the results of the analysis, proposals aimed at further improving the regulatory framework relating to the issues of countering corruption crimes have been derived.

scholarly journals CRIMINAL LEGAL PROBLEMS OF BRINGING TO RESPONSIBILITY FOR CORRUPTION-RELATED CRIMES ON THE EXAMPLE OF COMMERCIAL BRIBERY

2021 ◽  
Vol 31 (4) ◽  
pp. 647-653
Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov
Keyword(s):  
Law Enforcement ◽  
Criminal Responsibility ◽  
Comprehensive Analysis ◽  
Small Scale ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Commercial Bribery ◽  
Federal Laws

The article provides a complete and comprehensive analysis of the norms of legislation regulating the issues of combating corruption crimes on the example of commercial bribery. Using the comparative legal method of scientific knowledge, the main national normative legal acts regulating the fight against corruption are analyzed. The provisions of federal laws and by-laws of state authorities regulating the issues raised are also analyzed. In addition, the analysis of the law enforcement practice of law enforcement agencies and courts responsible for the organization of work on the identification, prevention and suppression of corruption crimes, as well as carrying out criminal prosecution for their commission, is carried out. The article also reveals law enforcement and other problems of bringing to criminal responsibility for commercial bribery, mediation in commercial bribery and small-scale commercial bribery, a criminal-legal analysis of these types of crimes by their elements is carried out. Based on the results of the analysis, proposals are formulated aimed at further improving the regulatory framework concerning the issues of countering corruption crimes.

scholarly journals Peningkatan Koordinasi Struktur dalam Penegakan Hukum Illegal Fishing di Aceh

2020 ◽  
Vol 22 (3) ◽  
pp. 531-546
Author(s):  
Adwani Adwani ◽  
Sulaiman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Law Enforcement Agencies ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Legal Method ◽  
Research Findings ◽  
The Law

Tujuan penelitian ini untuk menganalisis bagaimana koordinasi struktur dalam penegakan hukum terhadap penangkapan ikan ilegal di perairan Aceh. Analisis ini berdasarkan pemahaman bahwa pemanfaatan sumber perikanan yang dilakukan oleh kapal perikanan harus selalu berdasarkan izin. Khusus bagi nelayan kecil dikecualikan. Realitasnya penangkapan ikan banyak terjadi secara ilegal, sehingga perlu dilakukan penegakan hukum terhadap pelaku pelanggaran. Penelitian ini menggunakan metode sosio-legal, dengan melihat hukum yang tidak terpisahkan dari berbagai faktor lain. Temuan penelitian menunjukkan bahwa penegakan hukum belum terlaksana secara efektif. Struktur yang terlibat dalam penegakan hukum di laut adalah Penyidik Pegawai Negeri Sipil, Tentara Nasional Indonesia Angkatan Laut, dan Kepolisian Air dan Udara. Penegakan hukum dilakukan melalui pengawasan dan penangkapan terhadap kapal-kapal yang melakukan penangkapan ikan secara ilegal. Sebanyak 36 kapal ditangkap dan dikenakan sanksi hukumnya. Koordinasi struktur dalam penegakan hukum masih kurang. Disarankan supaya dilakukan penegakan hukum secara terus-menerus yang efektif dan dilakukan koordinasi secara intensif antara para penegak hukum dengan memperkuat personil dan peralatan dalam penegakan hukum di laut. Improvement of Structural Coordination in Illegal Fishing Law Enforcement in Aceh This study aims to analyze the structural coordination in law enforcement against illegal fishing on the Aceh coast. This analysis is based on the understanding that the use of fisheries by fishing vessels must always be based on a permit. Especially for small fishermen it is excluded. In fact, many fishing occurs illegally, so it is necessary to enforce the law against the perpetrators. This research uses the socio-legal method, by looking at the law that is inseparable from various other factors. Research findings indicate that law enforcement has not been implemented effectively. The structures involved in the law enforcement are Civil Servant Investigators, the Indonesian National Army, the Navy, and the Air and Water Police. Law enforcement is carried out through the supervision and arrest of vessels fishing illegally. A total of 36 ships were arrested and subject to sanctions. Structural coordination in law enforcement is lacking. It is recommended that effective continuous law enforcement and intensive coordination between law enforcement agencies be carried out by strengthening personnel and equipment in law enforcement at sea.

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.

scholarly journals FORECASTING IN COMBATING CRIME AND IMPROVING THE MANAGEMENT PRACTICES OF LAW ENFORCEMENT AGENCIES ON THE APPLICATION OF MEASURES OF CRIMINAL AND LEGAL IMPACT ON CRIME WITH THE CRITERIA OF THEIR EFFECTIVENESS

2017 ◽  
Vol 21 (5) ◽  
pp. 204-211
Author(s):  
V. E. Novichkov
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Law ◽  
Management Practices ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Original Definition

The article discusses the possibility of prediction in combating crime in envisioning ways to improve the efficiency of law enforcement to impact crime through criminal law and other measures. Underline the fact that specified in the scope of this article aspects of domestic criminal law theory has not worked out common approaches, as evidenced by ongoing discussions on this issue. In particular, there is no common understanding of the logical-linguistic phenomena, among them the basic concept: "measures of criminal and legal impact", in connection with which the article is their original definition. For criminal law science, as with other legal Sciences remain difficult surveys to develop criteria for an effective impact on crime and forecasting. The paper presents the concept of "work" and management practices of law enforcement agencies on the effective application of measures of criminal and legal impact on crime and, primarily, on the basis of one of the main objectives of the criminal law - the prevention of crimes. The structure of this scheme consists of four groups that must be included in the development of forecasts in the sphere of fight against crime and its control and management. Is this: criminally-legal measures of crime prevention are in the educational effect on volatile and other persons and do not involve criminal responsibility; criminal-legal measures of crime prevention with the prevention of harmful consequences of the criminal act, deprivation of an offender to continue criminal activities, etc. achieved in the PU, the application of the perpetrators of legitimate violence (necessary defence, detention of the criminal) and criminal-law enforcement (criminal prosecution for preparation or attempted crime or completed less severe, compared to warned a crime); criminal - legal measures of implementation of criminal responsibility; other measures of impact on crime in furtherance of the purposes of criminal liability, beyond the considered groups, although having a number of their characteristics, as the application of the procedural measures of restraint in respect of suspects and accused persons, the application of compulsory measures of a medical nature to condemn alcoholics and drug addicts, all that is subordinated to the goal of preventing recurrence of crimes. Considering the issues of measures of criminal and legal impact on crime in connection with the prediction of the whole sphere of combating crime and related law enforcement the article notes the broad approach to the application of measures of criminal and legal impact on crime from the point of view of direct use of such measures in law enforcement for the prevention, suppression of crimes and the implementation of criminal responsibility is gained, sitela, which are based on criminal and other laws regulating the fight against crime. From the point of view of assessing practice effectiveness of the application of the criminal law as observationsas measures, the paper proposes to evaluate it according to formal parameters: the number of publications and broadcasts on television and radio, lectures, etc., and the effectiveness of these measures, as individual preventive measures is proposed to determine two parameters: the rate of detection of potential offenders (by retrospective analysis of the criminal cases of intentional crimes); the level of the positive impact of advocacy on identified potential offenders (by definition of the dynamics of the share of those who have committed crimes).

scholarly journals CURRENT REQUIREMENTS AND MODERN REALITIES OF CONDUCTING UNDERCOVER INVESTIGATION FORM (INVESTIGATIVE) ACTION BEFORE JUDGE RESOLUTION

2020 ◽  
pp. 131-134
Author(s):  
Ye. S. Hidenko ◽  
D. V. Vodop’ian
Keyword(s):  
Law Enforcement ◽  
Criminal Prosecution ◽  
Power Structures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Organizations ◽  
Criminal Intent ◽  
The Law ◽  
National Police ◽  
The Impact

The article explores the issues of conducting undercover investigation form (investigative) action prior to the decision of the investigating judge in the framework of the operative support of criminal proceedings. In fact, after the events of the 2014 Revolution of Dignity, law enforcement agencies underwent a dramatic change, which in turn led to the decline of the law enforcement system, them authority and professionalism. In law enforcement agencies lost the institution of “mentoring”, because this institution was destroyed after reform. These events have led to the consolidation of their positions by gangs and criminal organizations engaged in professional crime, because during the decline of power structures, they were able to get corrupt links, adjust ways and ways of realizing criminal intent. In order to solve this problem, the article considers in detail the issue of enabling operatives units to initiate undercover investigation form (investigative) action prior to the decision of the investigating judge within the framework of operative support of criminal proceedings. And the extension of the rights of employees of the operational units of the National Police of Ukraine during criminal proceedings. Legislative differences that are contrary to current practical requirements have been emphasized and discussed. Also, this article is devoted to the study of legislative restriction of activity of operational units of the National Police of Ukraine during criminal proceedings. The impact professional criminality on the units of the National Police of Ukraine carrying out operational-search activities and criminal prosecution has been investigated. The limitation of the rights of operational units during criminal proceedings was considered in detail and emphasized. Tactical and theoretical inconsistencies of conducting undercover investigation form (investigative) action before the decision of the investigating judge are considered. And possible ways of their decision based on modern practical requirements are considered. Based on the results of the scientific search, relevant conclusions were drawn and suggestions were made to address the issues discussed in the article.

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.

Who Will Keep the Public Healthy? Assuring a Legally Prepared Workforce

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld
Keyword(s):  
Law Enforcement ◽  
International Association ◽  
Department Of Justice ◽  
Law Enforcement Agencies ◽  
Rigorous Evaluation ◽  
The Public ◽  
Chiefs Of Police ◽  
The Law ◽  
And Performance ◽  
Evaluation Techniques

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.

scholarly journals Tools and Methods of Work of Law Enforcement Agencies in the Sphere of Economic Law Infringements

2021 ◽  
Vol 18 ◽  
pp. 606-618
Author(s):  
Olena Kozynets ◽  
Alla Nitchenko ◽  
Andrii Kholostenko ◽  
Petro Zhovtan ◽  
Larysa Luhosh
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Information Technologies ◽  
Law Enforcement Agencies ◽  
Economic Law ◽  
Academic Paper ◽  
Money Transfer ◽  
The Law ◽  
Analysis System ◽  
Tools And Methods

The global transformations of the economy through the system of information technologies have led to the spread of new manifestations of crime, mainly in the areas of money transfer, foreign exchange transactions, international logistics schemes. Consequently, there is a need to develop highly effective tools and methods of law enforcement agencies in the sphere of economic law infringements. The purpose of the research is to investigate modern tools and methods used in the activities of law enforcement agencies in order to prevent economic law infringements. The research methods are as follows: systematization, generalization, analysis of the regulatory framework, the method of comparative analysis; system and logical analysis, method of information synthesis; quantitative method. Results. The means and methods of work of law enforcement agencies in the field of economic law infringements have been analyzed in the academic paper. A comparative analysis of the application of tools and methods of law enforcement agencies in the field of economic law infringements in European countries has been conducted. It has been noted that they have been experiencing significant structural and technological changes, which makes it possible to more effectively identify economic violations of the law and prevent their implementation in various spheres of economic activity. The necessity of introducing modern information and technological methods of work of law enforcement agencies in order to overcome the growing number of economic law infringements has been proved. The concept of modern tools and methods of counteraction to economic law infringements has been considered and the further development of system of means and methods of counteraction to economic law infringements has been offered. The results of the research can be used to study trends in the development of tools and methods of law enforcement agencies in the field of economic violations of the law.

scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Administrative Law ◽  
Practical Implementation ◽  
Scientific Article ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Public ◽  
Legal Documents

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

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