Specifics of Evidence in a Case on the Recovery of Monetary Amounts Due to Payment of Mandatory Payments and Sanctions Established by Law from Individuals

2021 ◽  
pp. 31-35
Author(s):  
Fedorova T. V. ◽  

In the article, the author discusses the importance of using methods of proof in an administrative case that has its own legal nature and, thus, differs from civil proof. An algorithm for proving a specific type of administrative case has been developed for the law enforcement officer, which clearly shows both the subject and the limits of proof.

Author(s):  
Gregory M. Vecchi

Law enforcement negotiation is one of the only times when a law enforcement officer interacts with an offender during the commission of a crime and, as such, can influence the outcome of the situation in favor of law enforcement. All other interactions between offenders take place after the commission of the crime or during undercover operations when the law enforcement officer is hiding his or her identity. Law enforcement crisis negotiation (LECN) provides techniques, tactics, and procedures for seamlessly dealing with difficult, dangerous, and disordered persons to obtain voluntary compliance through the application of verbal influence-based skill sets. LECN is a method by which to deal with perceived threats to a subject’s emotional, psychological, or physical well-being during intense conflict or crisis situations. Understanding critical incidents and the mindset of a subject is critical to determining the proper communication strategies and tactics. At the heart of the process is understanding and assessing instrumental and expressive behavior in order to apply tactical negotiation or crisis intervention. A key skill set to being effective in negotiating with difficult, dangerous, and disordered persons is to build credibility through the application of the Behavioral Influence Stairway Model (BISM) in the effective application of active listening skills, empathy, rapport-trust, and influence to persuade behavioral change on the part of the subject.


2021 ◽  
Vol 16 (4) ◽  
pp. 184-192
Author(s):  
A. A. Shulakov

The study contains a step-by-step algorithm for determining the law applicable to private cross-border legal relations. The algorithm is developed based on legislation, law enforcement practice and doctrine. The initial rule of the sequential execution of the stages (steps) of the algorithm is a mechanism in which the determination of the law applicable to the legal relationship at one of the stages excludes the subsequent stages of the algorithm. Public policy interests dictate the rules for determining the law to be applied to private law relations complicated by a foreign element. The establishment by the legislator and law enforcement officer of the closest connection between the interests of conflicting public orders (legal orders) with elements of cross-border legal relations is the basis for the process regulation in the Russian Federation. At the first, second and third stages of the algorithm, the interests of the domestic public order (law and order) dominate. At the fourth stage of the algorithm, public interests in the part not regulated by super imperative norms are correlated with the agreement of the parties on the choice of the applicable law. At the fifth — eighth stages of the algorithm, the law enforcement officer is guided by the rules established by the legislator taking into account the interests of public orders that are conflicting in cross-border legal relations. At the last, ninth stage of the algorithm, the applicable law is established by the judge based on the closest connection between the interests of public order (law and order) with elements of crossborder legal relations.


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