scholarly journals ESSENTIAL CHARACTERISTICS OF ENFORCEMENT PROCEEDINGS AS AN INTEGRAL PART OF THE ADMINISTRATIVE PROCESS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 323-330
Author(s):  
А. V. Kapranov ◽  
Y. V. Kapranova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Executive Power ◽  
Administrative Process ◽  
Emergency Situations ◽  
Executive Process ◽  
The Subject ◽  
Characteristic Features ◽  
Goals And Objectives

Enforcement proceedings are the sphere of activity of authorized officials of Federal Executive authorities who carry out non-judicial enforcement of judicial acts and acts of Executive power on the basis of administrative procedural norms. Along with bailiffs and officials of the FSSP of Russia, other subjects, officials of the Ministry of internal Affairs of Russia, the Federal security service of Russia, the Ministry of emergency situations of Russia, and others, are given authority to execute law enforcement acts by Federal legislation. The article considers the essence and content of the Executive process as an integral part of the administrative process. The authors analyze the concept of enforcement proceedings, identify its content as an administrative and legal institution. The analysis of the concept of enforcement proceedings and its sources allows us to conclude about the understanding of its essence as a type of administrative process. The article highlights the role of enforcement proceedings in the mechanism of protection of human and civil rights and freedoms. The article considers various characteristic features of enforcement proceedings that allow it to be differentiated from other types of proceedings, identifies the subject of regulation, goals and objectives, principles, participants, stages and features of enforcement proceedings.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

scholarly journals The Role of the UN International Drug Control Conventions in Facilitating Law Enforcement Cooperation in the Policing of Transnational Drug Trafficking

2021 ◽  
Vol 2 ◽  
pp. 172-191
Author(s):  
Scarlet Robertson
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Drug Trafficking ◽  
Illicit Drugs ◽  
Drug Control ◽  
Major Player ◽  
The Us ◽  
High Concern ◽  
The Subject

Transnational policing is an increasingly important issue in today’s globalised world. Transnational crime is an expanding industry and when crime crosses borders, cooperation between states is key. Arguably, this is most important in illegal drug trafficking, a crime of high concern to many states which almost always involves multiple countries. To this end, the UN Drug Control Conventions, introduced to tackle drug trafficking across the world, contain a number of provisions regarding law enforcement cooperation. This piece, by examining legal instruments and existing literature, will explore the role of the conventions regarding cooperation in policing the transnational trafficking of illicit drugs with a particular focus on the US, a major player in the field. Law enforcement cooperation between states existed for many years without international law obligations, however, it was often plagued by political and cultural differences and suffered when international relations were tense. By implementing obligations within the UN conventions, existing practices were codified into international law, meaning that cooperation should be a smoother, and legally-backed, process regardless of the political situation. This piece argues that, although the UN International Drug Control Conventions may not have added completely novel principles or practices to transnational law enforcement, they remain an important tool in facilitating transnational police cooperation and have made a valuable contribution to jurisprudence on the subject.

scholarly journals Theoretical Aspects of Interaction between Special Forces Units of the Federal Penitentiary Service of Russia, the National Guard of Russia, and the Ministry of Internal Affairs of Russia in the Field of Law Enforcement

2020 ◽  
Vol 14 (4) ◽  
pp. 566-569
Author(s):  
Sergei V. Ponikarov
Keyword(s):  
Law Enforcement ◽  
National Guard ◽  
Action Plan ◽  
Preliminary Training ◽  
Penal System ◽  
Special Forces ◽  
Emergency Situations ◽  
Internal Affairs ◽  
Characteristic Features ◽  
Definition Of

The paper investigates a novel issue related to the cooperation between special forces units of the penal system and other (special) similar units, namely, the police and the National Guard (including the Special Purpose Mobile Unit and the Special Rapid Response Unit). We note that earlier these units were part of the system of the Ministry of Internal Affairs of Russia. The paper presents the results of a study of organizational and legal interaction of the special forces of the penal system with other bodies in the field of law enforcement. We argue that the cooperation between these units has the greatest potential in conducting special operations to prevent emergencies related to hostage-taking, mass riots, and escapes of convicts. We highlight major organizational criteria for interaction between the divisions under consideration. We put forward our own definition of the essence of organizing the interaction between special forces units of the penal system and special units of other agencies in emergency situations taking place in correctional institutions. We describe characteristic features of this interaction. The integration of these features allowed us to formulate a scientific definition of the interaction under consideration in a broad sense. The article analyzes specific features of cooperation between special forces units of the penal system and other bodies; these features involve the establishment of interpersonal contacts between the heads of these units. We emphasize the scientific and organizational principles of interaction, such as balance, mobility, and preparedness. We propose tactical interaction, which consists of an action plan, preliminary training, management decisions and practical actions of the personnel. The paper also presents the results of an empirical study on the integration of special forces units. Key words: interaction; organization and tactics; institutions and bodies of FSIN Russia; law enforcement; special forces of the penal system; other special bodies.

scholarly journals Modern Trends and Specifics of Additional Professional Education of University Teachers

wisdom ◽  
2021 ◽  
Vol 19 (3) ◽  
pp. 55-67
Author(s):  
Irina ARYABKINA ◽  
Olga DONINA ◽  
Natalya IVANUSHKINA ◽  
Anatoliy CHERNYKH ◽  
Nadezhda GAJBUROVA ◽  
...  
Keyword(s):  
Professional Education ◽  
Professional Growth ◽  
University Teachers ◽  
Economic Transformations ◽  
The Subject ◽  
Characteristic Features ◽  
Training Professional ◽  
Further Development ◽  
Goals And Objectives ◽  
Methods Of Control

The subject of consideration in this article is additional professional education as a pedagogical system, an integrated set of methods, for,ms and means of obtaining, expandi,ng and deepening the competencies, which have already been formed earli andas acquiring new ones. Nowadays, the development and further improvement of additional professional education have become actual in recent decades. In Russia, this is carried out in the context of a profound restructuring of society. Therefore it has its own characteristic features due to socio-economic transformations and corresponding changes in the labour market. It is stated that additional professional education of teachers acquires a special social status and is distinguished by its motives and values, goals and objectives, forms of organization and content, teaching technologies and methods of control and assessment. The goals and objectives of additional professional education of teachers have been represented, including the formation of their motivation for professional growth, advanced training, professional retraining, as well as the prevention of professional and the strain of personality, overcoming professional and personal crises. The result of studying this issue was the identification of modern trends and directions for the further development of the system of additional professional education for teachers.

scholarly journals The Role of Judicial Councils as Authorities of the Judicial Community in Individual Regulation of Judicial Activities

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 36-40
Author(s):  
Ekaterina V. Ryabtseva ◽  
Keyword(s):  
Law Enforcement ◽  
Significant Role ◽  
Ethical Standards ◽  
The Subject ◽  
Uniform Law ◽  
Systemic Nature ◽  
Individual Regulation

The activity of councils of judges in Russia is of a systemic nature, including various forms of individual influence on legal relations: opinions, resolutions, consulting on the prevention of corruption, compliance with ethical standards, prevention of conflicts of legal interests, and other reputational risks. The paper considers one of the activities of the councils of judges in the form of preparation of conclusions, which play a significant role in the formation of a uniform law enforcement practice in the process of individual regulation of judicial activity. The conclusions are of an explanatory nature and are taken into account by the qualification collegiums of judges when making decisions regarding judges and candidates for the position of judges. The essence of the conclusions of the councils of judges is substantiated as a kind of individual regulation of legal relations. The analysis of individual conclusions of the councils of judges made it possible to classify various methods of individual regulation in the process of law enforcement. It is concluded that the councils of judges are the subject of law enforcement, which, through individual regulation, provide certainty in the assessment of reputational risks, their prevention and suppression in the behavior of a judge through the interpretation of the principles and norms of law; overcoming conflicts in law; the use of optional, alternative, relatively specific, dispositive, etc. principles and norms of law; overcoming gaps in law; individualization of law in the form of opinions, decisions, consultation.

scholarly journals Underordnat, undanskymt och otydligt – om samhällskunskapsämnets relationsproblem inom SO-gruppen på svenskt mellanstadium

2017 ◽  
Vol 11 (1) ◽  
pp. 4
Author(s):  
Martin Kristiansson
Keyword(s):  
Secondary Education ◽  
Social Studies ◽  
Primary Education ◽  
The Other ◽  
Teaching Culture ◽  
Upper Secondary Education ◽  
The Subject ◽  
Characteristic Features ◽  
High Degree

I artikeln diskuteras en lärarstudie om vad som utmärker samhällskunskaps-ämnet på svenskt mellanstadium. Det sker mot bakgrund av en skandinavisk ämnesdidaktisk diskussion om ämnets tydlighet med fokus riktad mot svenska förhållanden. Här har ämnet beskrivits som otydligt i läroplans- och läroboks-forskning medan det framträder som mer tydligt i lärarforskning. Denna lärarforskning har dock oftast studerat grundskolans högstadium och gymnasium. Studier på mellanstadiet saknas och min studie visar, till skillnad från dessa studier, att ämnet är otydligt när lärarna talar om det. Det är ett stadie som också skiljer sig från högstadiets och gymnasiets ämnescentrerade ämneslärarkultur genom att det är mer elevcentrerat och klasslärarbundet med högre grad av ämnesintegration. Artikeln fokuserar därför samhällskunskapsämnets relationer till övriga samhällsorienterande (SO) ämnen – geografi, historia och religionskunskap – och vad det innebär för ämnets otydlighet. Genom intervjuer med lärare om deras SO-undervisning och samhällskunskapsämnets del i den, illustrerat med hjälp av begreppen ”ämnesmarkörer”, ”ämnesväxlingar” och ”ämnesöverlappningar”, framträder ämnet som underordnat och undanskymt i relation till särskilt geografi och historia. De har en dominerande position inom gruppen och bidrar till att samhällskunskapsämnet förblir otydligt. I artikelns konklusion och diskussion argumenteras för betydelsen av en rekonstruktion av relationerna inom gruppen, inte endast för att göra samhällskunskapsämnet tydligare, utan för att också övriga ämnen skall ge ett starkare bidrag till elevers lärande om samhället och dess frågor både som enskilda ämnen och tillsammans.Nyckelord: samhällskunskap, samhällsorienterande ämnen, ämnesmarkörer, ämnesväxlingar, ämnesöverlappningarAbstractThis article reports on a practice-related study of the characteristic features of the civics subject in Swedish upper primary education. The discussion takes place against the background of a Scandinavian subject-specific pedagogical debate on the lack of clarity in the civics subject in relation to the other social studies subjects. In Sweden, curriculum and textbook research has pointed out that civics seems to have a vague and unspecified role in primary education, while it seems to have a more prominent role in practice-related research. However, the latter research has often focused on lower and upper secondary education, and so far there have been no studies of the role of civics in primary education. In contrast to the studies of civics in secondary education, my study shows that civics in primary education emerges as very obscure in teachers’ talk about it. At this stage of education, civics is not as subject-centred as it is in the subject-teaching culture of secondary education, but rather a pupil-centred subject with a high degree of integration with other subjects. The article has a focus on civics in relation to the other social studies subjects (SO), namely geography, history and religious studies, and on how the interrelations affect the perception of civics. The study is based on interviews with teachers on their SO teaching and the role of civics with the help of the concepts of ”subject marker”, ”subject-switching”, and ”subject-overlapping”. The result of the analysis is that civics emerges as a subordinated and inconspicuous subject in relation to geography and history, in particular. These two subjects have a dominant position in the subject cluster and contribute to relegating civics to a vague and unclear backseat. In conclusion, the article argues for the need of reconstructing the interrelations in the subject cluster, not only for the sake of clarifying the role and content of civics, but also to ensure that the other subjects can also contribute more to pupils’ learning about community and citizenship issues, as separate subjects and together.Keywords: civics, social studies subjects, subjects, subject marker, subject-switching, subject-overlapping

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

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