scholarly journals Legal status of a law enforcement official of Mongolia

2021 ◽  
Vol 2021 (4) ◽  
pp. 172-180
Author(s):  
Nyamsuren Erdenebulgan
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Enforcement Official ◽  
Legal Situation ◽  
Special Service ◽  
Wide Range ◽  
Definition Of

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Legal status of officials and officials: the problem of definition of concepts

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yara Olena ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Relations ◽  
Legal Status ◽  
Civil Service ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Leading Position ◽  
Definition Of ◽  
Law And Legislation

The article examines the problem of delimitation of legal status: official and official. The category of legal status is an important component for every participant in public relations, because such a status will depend on the scope of his civil rights and responsibilities, which is especially relevant for an official or official. It was found that today the issues of the studied categories, namely «legal status of an official» and «legal status of an official» still remain relevant because there is no unanimous position for their delimitation. It is clear that the categories of «official», «official» occupy a leading position in the field of public administration, criminal law, litigation, other areas of law and legislation. These categories should be key in the preparation of regulations relating to the civil service, regulation of law enforcement agencies, determining the legal responsibility of persons holding certain positions in the civil service. Conclusions are made where, given that at the legislative level there is no single definition of «official» and «official», and the proposed definitions in legal science are mainly sectoral in nature, the priority is: first, the definition in the Law «On basics of civil service», which must be adopted, the concepts of «official» and «official» and their features. The task of today's legislator is the need to differentiate them. Therefore, when determining the grounds for assigning persons to the categories of officials or officials should be guided by the relevant legislation governing certain relations. Regarding the legal status of officials and officials, the conclusion was that a significant factor in distinguishing these categories, unfortunately, is not legal status, because without a clear distinction between the basic concepts of «official» and «official», we can not fully describe the differences in this status. Keywords: service, position, legal status, civil service, official, employee, official

scholarly journals Category «privilege»: doctrine, legislation, practice

2020 ◽  
Vol 2020 (1) ◽  
pp. 53-60
Author(s):  
Artem Repyev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Learning Style ◽  
Legal Status ◽  
Point Of View ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Situation ◽  
Approach Method ◽  
The Right

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.

scholarly journals Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

2019 ◽  
Vol 75 (4) ◽  
pp. 59-64
Author(s):  
A. V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Legal Status ◽  
Criminal Liability ◽  
The State ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
Definition Of

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science. The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved. The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

PECULIARITIES OF THE PROCEDURAL STATUS OF SUBJECTS WHICH HAVE THE OBLIGATION OF PROOF DURING THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

2017 ◽  
Author(s):  
Andrii Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Judicial Investigation ◽  
Definition Of

The article considers the peculiarities of the procedural status of the subjects who are obliged to prove criminal offenses during the pre-trial investigation, taking into account the latest changes in the current criminal procedure legislation made in connection with the adoption of the Law of Ukraine n Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses". The author notes that this issue is little studied in the scientific literature and relevant from a practical point of view. The peculiarities of the procedural status of the head of the inquiry body are studied, a number of problematic issues of legal regulation of the powers of the specified subject of evidence are indicated and it is proposed to amend the current version of Article 391 of the Criminal Procedure Code of Ukraine to eliminate contradictions. The procedural status of the interrogator and the person authorized to carry out pre- trial investigation of criminal offenses is analyzed, offers on modification of item 401 of the Criminal procedure code of Ukraine are presented. It is also proposed that the bylaws of the relevant law enforcement agencies provide for qualification requirements for persons authorized to investigate criminal offenses in the form of higher legal education in the specialty "Law", as the lack of qualification requirements may adversely affect the quality of pre-trial investigation of criminal offenses. The content of Articles 84, 92 and 94 of the Code of Criminal Procedure of Ukraine is analyzed, proposals are made to supplement these legal norms after the word "investigator" with the word "interrogator". The specific circle of subjects on which the duty of proof during the pre-judicial investigation in the form of inquiry is assigned is defined. According to the author of the article, further areas of research of certain problematic issues are a comprehensive doctrinal study of the legal status of such subjects of evidence as the interrogator and head of the inquiry body, determination of legal guarantees of their activities and procedural independence, definition of functions and tasks assigned to these subjects.

State service of the Russian Federation in the sphere of law enforcement: problems of theory and practice of administrative and legal regulation

2018 ◽  
Author(s):  
Роман Нагорных ◽  
Roman Nagornyh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Service ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theory And Practice ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Russian Federation

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.

scholarly journals Socio-legal significance of interaction of bodies ofpre-trial proceedingsin disclosure and investigation of crimes

2021 ◽  
Vol 1 (3) ◽  
pp. 98-106
Author(s):  
Dilrabo Karimova
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Social Phenomenon ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Definition Of ◽  
Effective Use ◽  
Sociological Studies

The author of the article reveals the socio-legal conditionality of implementation of interaction between the bodies of pre-trial proceedings in the activity of disclosing and investigating committed crimes. The urgency of studying the essence and meaning of this interaction is substantiated. The concept of interaction is considered from the point of view of different branches of knowledge. The opinions and views of domestic and foreign scientists regarding the concept and meaning of interaction, both a social phenomenon and a legal category, implying conscious, coordinated, joint and purposeful actions of bodies of pre-trial proceedings are analyzed. The author’s definition of the concept of interaction between the bodies of pre-trial proceedings is given. The author states the unsatisfactory state of interaction of the bodies of pre-trial proceedings, in particular, interrogators, investigators with the bodies carrying out pre-investigation checks and operational-search activity based on the sociological studies carried out on organization of activities for the disclosure, investigation of crimes and the search for persons hiding from the court and investigation. The author sees the solution to these problems in strengthening the effective measures of law enforcement agencies in combating crime, active and effective use of possibilities of criminal procedural and operational search activities.

scholarly journals Genesis of the concept of "national security" in administrative law

2021 ◽  
pp. 5-8
Author(s):  
Vitalii MAKARCHUK
Keyword(s):  
World War Ii ◽  
Law Enforcement ◽  
National Security ◽  
Administrative Law ◽  
The State ◽  
Law Enforcement Agencies ◽  
Security Issues ◽  
Nation States ◽  
Legal Literature ◽  
Definition Of

The paper is devoted to the essence and peculiarities of the origin and development of the concept of “national security” in administrative law. The paper analyzes different opinions on the definition of “national security”, also considers the provisions of the Constitution of Ukraine on the protection of sovereignty and territorial integrity of Ukraine. The legislative provision of security in Ukraine, security of the person, society and the state from external and internal threats in the state as ensuring national security is studied. The urgency of the issue outlined in the paper is due to the ongoing reform processes in the field of national security and law enforcement in Ukraine. However, national security issues are still at the center of various scientific debates. In the research and analysis of the origins and development of the concept of “national security” hermeneutic, logical, linguistic and semiotic research methods are used. It is proved that in the legislation and legal literature this term has gained wide application and recognition that meets the general requirements of legal technique: the terms must be generally accepted, have a stable character and wide application. It is noted that the term “national security” still remains relevant and controversial. Although the term “national security” was first used after World War II, certain aspects of it have been considered since the creation of nation-states in the mid-seventeenth century. This term is used in various aspects, has no unambiguous application in the legal literature, lawmaking and legal practice, so it can be interpreted in various aspects. Ukrainian scholars-administrators define the security of the country in different ways, in particular through the prism of the executive activity of the relevant law enforcement agencies that provide it.

scholarly journals The concept of the legal status of law enforcement agencies

2020 ◽  
pp. 90-94
Author(s):  
V.V. Makarchuk
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Internal State ◽  
Legal Protection ◽  
The State ◽  
Social Needs ◽  
Necessary Condition ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Definition Of

The article is intended to formulate the author’s definition of the concept of the legal status of law enforcement agencies with the subsequent definition of its features. The urgency of the issue outlined in the article is due to the reform processes in the field of law enforcement in Ukraine. The article analyzes different opinions on the definition of «legal status» and «law enforcement agencies». Definitions and some features of law enforcement activity are also analyzed. Emphasis is placed on modern changes in socio- economic and political-legal conditions of law enforcement, the course of our state on European integration, which determine the constant need to reform the law enforcement system to ensure internal security, in accordance with modern social needs and capabilities of the state. It is noted that the country’s law enforcement agencies are key in the system of executive bodies and are a necessary condition for protecting the constitutional order, and ensuring law and order, respect for human and civil rights and freedoms and protection of internal security from internal threats. The structural distribution of the directions of the system of activity of law enforcement bodies is considered: ensuring the internal security of the state; activities for detection, prevention, prevention of crimes and offenses; activities for the protection of internal state security, state border and law enforcement; ensuring internal economic and information security. Each of these areas has its own characteristics that characterize a particular specificity of a body. It is concluded that different conceptual approaches to the legal status of law enforcement agencies in Ukraine are debatable. They can be used for further work towards the formation of a modern effective system of law enforcement, free from duplication of powers and parallelism, based on a modern understanding of their functioning, which is based on the priority of human rights and freedoms, respect for their honor and dignity, security and legal protection.

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.

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