scholarly journals Application of administrative liability in the quality of preventing corruption of the law enforcement bodies of Ukraine

2019 ◽  
Vol 1 (4) ◽  
pp. 66-69
Author(s):  
Roksolana Hrechaniuk ◽  
Keyword(s):  
Law Enforcement ◽  
The Law

scholarly journals Penerapan Azas “Equality Before The Law” Dalam Sistem Peradilan Militer

2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhammad Ishar Helmi
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
New Order ◽  
Court System ◽  
Quality Of Democracy ◽  
The Law ◽  
Special Rights

Abstract: Implementation of “Equality Before The Law” principle in Military Court System. One of Law State concept is A free an neutral judicial. Supreme Court is the highest Court , institution that conduct law enforcement within judicial competency, including Military Court. New Order Era had an immense authority to place a Military as a “special citizen”. It leads to military supremacy towards civilian. It was reflected by special rights attributed to Military. As a result, Military Court is perceived as to a nationality principle and equality before the law principle. It then influences our quality of democracy Abstrak: Penerapan Azas “Equality Before The Law” dalam Sistem Peradilan Militer. Salah satu konsep negara hukum ialah adanya peradilan bebas dan tidak memihak. Adanya Mahkamah Agung sebagai pelaksana penegakkan hukum oleh badan-badan peradilan (termasuk Peradilan Militer) di bawah Mahkamah Agung yang merupakan alat kekuasaan kehakiman. Orde Baru memiliki otoritas yang sangat besar ketika menempatkan seorang militer sebagai warga negara “khusus” serta penolakan terhadap konsep supremasi sipil. Hal ini dengan jelas menunjukkan bahwa “supremasi militer” lah yang tetap dipertahankan dengan adanya hak-hak istimewa tertentu terhadap prajurit TNI. Akibatnya peradilan militer masih sering mengabaikan prinsip kewarganegaraan dan azas Equality Before The Law, sehingga berpengaruh besar pada kualitas demokrasi. DOI: 10.15408/jch.v1i2.2998

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals Identity Building of Indonesian Legal Education (From Progressive Liberalism to Transgresive Religious Cosmic)

2021 ◽  
Vol 8 (2) ◽  
pp. 481
Author(s):  
Anthon Freddy Susanto
Keyword(s):  
Law Enforcement ◽  
Legal Education ◽  
Analysis Method ◽  
Professional Skill ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
The Social ◽  
The Law ◽  
Heuristic Analysis

Legal Education naturally is education of human and humanity viewing man in his “earthly existence” to appreciate his human nature or will make the humanity humane as such the vital relation is that world will be more humane, managed and maintain according to the relation between he himself and the creator. Legal education encourages man to understand dan be able to interact with reality of the world surrounding; legal education, therefore, should be able to develop human soul, in this case, is the entire creativity, passion and creation. Legal education is closely related to the development of morality of the law enforcement to be able to improve the performance and professional skill in the law enforcement. To support the concept, legal education should always improve the quality of human’s life. Method used was multi-method such as philosophical method using hermeneutic-deconstructive approach; conceptual approach by developing creative ideas through heuristic analysis; method of critique on text to see the new possibilities that can raise in the development made. Philosophical approach can help us to enter into the most essential/fundamental area of the issue developed. Transgressive legal education is human education in the context of Indonesia with the soul of Pancasila. Transgressive legal education is an education to develop moral or conscious to underline the enforcement of the law upon society so that man will aware of the existence of the creator and is able to encourage the development of persons to be critical, tolerant, open, sensitive, and care towards the social problems and law enforcement.

Public Outcry and Police Behavior

2016 ◽  
Vol 16 (2) ◽  
pp. 619-645 ◽  
Author(s):  
Gregory DeAngelo ◽  
Bryan C. McCannon
Keyword(s):  
Law Enforcement ◽  
Social Norms ◽  
Empirical Studies ◽  
Theoretical Framework ◽  
Neighborhood Context ◽  
Prior Beliefs ◽  
Law Enforcement Officials ◽  
The Law ◽  
And Performance

Abstract Numerous empirical studies have documented policing behavior and response to public opinion, social norms, changing laws, neighborhood context and a litany of other subject areas. What is missing from this literature is a general theoretical framework that explains the conflicting goals of properly applying the law and responding to social norms and the consequences of the law. We build a theoretical framework where law enforcement officials care about both reputation and performance. Outside evaluations assess the quality of the decision making of the officers, but can be influenced by strategic challenging of the sanctioning by the suspected violators. We first establish that reputational concerns can distort law enforcement, encouraging either over-enforcement or under-enforcement of the law, depending on the prior beliefs of violations and the observed signal. Introducing strategic challenging by the violator eliminates over-enforcement and allows for an even larger reduction in application of the law by less-skilled officers. Connections to empirical findings of distortions in law enforcement, along with an extension to deterrence are highlighted.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

scholarly journals Transformation of the mechanisms functioning of law enforcement in the conditions of digitalization

2020 ◽  
Vol 6 (3) ◽  
pp. 174-178
Author(s):  
Eugenia N. Prokhorova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Security Threats ◽  
Law Enforcement Agencies ◽  
Potential Threat ◽  
Enforcement Policy ◽  
Stage Of Development ◽  
The Law ◽  
Kaliningrad Region

This article is devoted to the study of the problems of interaction of law enforcement agencies in the field of countering modern security threats. In this connection, it justifies the need to create a mechanism for the joint operation of security and security elements of the law enforcement system through the prism of the main trends of law enforcement policy, allowing to draw conclusions about how the features of this process affect the quality of law enforcement. At the same time, the influence of the features of the law enforcement mechanism is connected with the minimization of its costs on the effectiveness of the activities of security agencies at the expense of provisional funds. It is noted that the current stage of development of society is characterized by the transformation of many legal relations, including and law enforcement. However, the use of information technologies by terrorists causes, perhaps, most of all the issues for the resolution of which the forms of interaction of law enforcement agencies that ensure the integration of their activities are proposed. By the example of the problem of countering telephone terrorism with the use of modern technical achievements, the importance of the integrated interaction of law enforcement units, which the author regards as a tool to increase the effectiveness of law enforcement, is shown. It was noted that objectively existing needs for the integration of the actions of states in the suppression, prevention and punishment of such crimes, lead to the intensification of international cooperation in the designated area. Special attention is paid to the Kaliningrad region because of its autonomy and vulnerability due to its remoteness from the main territory of the country and its environment to states that pose a potential threat to the security of the Russian Federation. The author formulates conclusions on the results of the study.

scholarly journals Who will appraise the arrested property of a debtor?

2019 ◽  
pp. 22-25
Author(s):  
Tamara Ivanovna Korsun
Keyword(s):  
Law Enforcement ◽  
High Quality ◽  
Quality Of Work ◽  
Balance Of Interests ◽  
The Law

In the article the author pays special attention to the assessment of the debtor's property in enforcement proceedings. The presence of experts-appraisers in the law enforcement services will ensure on-time and high-quality execution of warrants of arrest, appraise and sale of property in order to pay off the alimony, taxes, loans. The author comes to the conclusion that the use of these recommendations can improve the quality of work in the appraisal of property in the course of enforcement proceedings and ensure a balance of interests of debtors, collectors, appraisers.

scholarly journals QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN

2021 ◽  
pp. 34-38
Author(s):  
A. S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Law Enforcement ◽  
Citizen Science ◽  
Common Property ◽  
Family Law ◽  
Legal Norms ◽  
The Family ◽  
The Law ◽  
Family Code ◽  
Law Making

Ransactions and fulfillment of obligations and obligations arising in accordance with family law arethe subject of judicial challenge at the request of a financial manager acting in the interests of creditors inthe bankruptcy of a citizen. Science and the law do not consider the grounds for the invalidity of actions forthe execution of transactions. The family-legal actions of a debtor-citizen based on an agreement between spouses, parents and judicial acts on the division of common property and the recovery of alimony are subjectto challenge on the grounds provided for by the norms of the Civil Code of the law and the bankruptcy lawon the invalidity of transactions only for the convenience of law enforcement. The actions of spouses andparents to dispose of their property rights and obligations arising from family legislation are either familylaw contracts (agreements) or actions to fulfill the obligations provided for by the Family Code. The correctqualification of the debtor’s family legal actions determines the quality of law-making, understanding of theactual meaning of legal norms and the exact fulfillment of their prescriptions.

Role of the lawyer community in the law enforcement activity of the state

2019 ◽  
pp. 487-497
Author(s):  
Artem Viktorovich Vorob’ev
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Assistance ◽  
Technical Base ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Law ◽  
Enforcement Activity

We consider the importance of advocateship in the process of protecting human rights and freedoms, the interests of organizations, society and the state. We indicate the grounds and circumstances of the provision by lawyers of qualified legal assistance to certain categories of citizens, including on a non-refundable basis. We reveal the importance of the professional and business qualities of a lawyer, as a representative of the lawyer community, in providing legal assistance. We pay attention to the high moral, ethical and legal nature of the lawyers activities, in particular, the moral requirements for the lawyer personality; activity in defending the interests of the grantor (client); legal guarantees for the independence of a lawyer and others. Advocateship, as an institution that does not belong to state power, but to civil society, which has such characteristics as autonomy, independence, cor-poratism, self-government, has a significant role in the law enforcement ac-tivity of the state. Envisage to increase the role of the lawyer community in advocacy, to increase the qualifications of lawyer personnel, expand the rights of lawyers in providing legal assistance, and significantly improve the information and technical base. A number of legislative transformations to increase the effective functioning of the lawyer community, enhancing the professional advocateship independence of the Russian Federation, can be-come productive only when the state ensures the trust of citizens on the part of the lawyer community, it is also necessary to end impunity in the advocacy sphere, and increase the level of legal order and legality, to strengthen the supervision quality of the rights and freedoms of man and citizen observance institution.

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