PROBLEMIC ISSUES ARISING IN PRACTICE DURING THE IMPLEMENTATION OF A PREVENTIVE MEASURE IN THE FORM OF A PROHIBITION OF CERTAIN ACTIONS

2021 ◽  
pp. 31-35
Author(s):  
Александр Витальевич Ларионов
Keyword(s):  
Monitoring System ◽  
Electronic Monitoring ◽  
Preventive Measure ◽  
Regulatory Framework ◽  
Criminal Process ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Right ◽  
Problematic Situations ◽  
And Control

В статье рассматривается ряд проблем, возникающих на стадии назначения и реализации меры пресечения в виде запрета определенных действий. Осуществляется анализ судебной практики и нормативно-правовой базы, регулирующей условия избрания и исполнения меры пресечения в виде запрета определенных действий. Автором статьи приводятся примеры проблемных ситуаций, возникающих в практической деятельности уголовно-исполнительных инспекций, в рамках осуществления контроля за установленными запретами. Проводится обзор противоречий, возникающих при установлении запретов в рамках меры пресечения и уголовных наказаний, не связанных с изоляций от общества, в частности, лишения права заниматься деятельностью, связанной с управлением транспортными средствами, и запретом на управление транспортными средством. Дается характеристика работоспособности системы электронного мониторинга подконтрольных лиц и электронных технических средств надзора и контроля, применяемых к подозреваемым или обвиняемым, в отношении которых назначен запрет определенных действий. В заключение автором статьи выработаны предложения, направленные на нивелирование имеющихся проблем и повышение эффективности меры пресечения в виде запрета определенных действий в уголовном процессе и деятельности уголовно-исполнительных инспекций. The article examines a number of problems that arise at the stage of the appointment and realization of a preventive measure in the form of a prohibition on certain actions. The analysis of judicial practice and the legal and regulatory framework governing the conditions for the election and execution of a preventive extent in the form of prohibition of certain actions is carried out. The author of the article provides examples of problematic situations that arise in the practice of criminal executive inspectorates, as part of the control over the established prohibitions. A review of the contradictions arising in the establishment of prohibitions within the framework of a preventive measure and criminal penalties not related to isolation from society, in particular, the destitution of the right to engage in activities connected to car vehicles and a prohibition on driving vehicles, is reviewed. A characteristic is given, as well as an assessment of the performance of the electronic monitoring system of controlled persons and electronic technical means of supervision and control applied to suspects or accused, in respect of whom certain actions are prohibited. In conclusion, the author of the article developed proposals aimed at leveling the existing problems and increasing the effectiveness of a preventive extent in the form of a prohibition on certain actions in the criminal process and the activities of criminal executive inspections.

scholarly journals TAKING INTO CUSTODY IN THE CRIMINAL PROCESS OF THE REPUBLIC OF BELARUS: IMPROVING REGULATIONS AND ISSUES OF PROOF (COMPARATIVE LEGAL ANALYSIS)

2020 ◽  
Vol 73 (4) ◽  
pp. 156-162
Author(s):  
Andriy Samko ◽  
◽  
Dmуtrо Pilipenko ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Preventive Measure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Concepts ◽  
The Republic ◽  
The Right ◽  
Practical Feasibility

The article analyzes the peculiarities of applying a measure of procedural coercion in the form of detention in the criminal procedural legislation of the Republic of Belarus, as well as in the criminal process of Ukraine and the Republic of Kazakhstan. The positions of scientists in the field of criminal procedure, who conducted research on this issue, are analyzed. The key positions of the proceduralists regarding the basic regulatory aspects of the application of a preventive measure in the form of detention are considered. Attention is focused on the fundamental provisions of the functioning of the system of procedural compulsion and the application of a preventive measure in the form of detention in custody in particular. The analysis of the positions of the legislators of the Republic of Belarus, the Republic of Kazakhstan and Ukraine regarding the issue of normative regulation of the procedure for applying a measure of procedural coercion in the form of detention is carried out. The authors of the article emphasize the key aspect of the preventive measure in the form of detention in the form of its extraordinary impact on the observance of human and civil rights and freedoms in criminal proceedings. This circumstance is especially relevant in respect of the right of participants in criminal proceedings to freedom and personal inviolability. In this regard, theoretical concepts are considered and the content of international law on this issue is analyzed. The practical feasibility and normative possibility of using other, more humane methods of influencing suspects accused in criminal proceedings are analyzed. The article focuses on the normative procedure for the application of bail as an alternative procedural measure of isolating a person during detention in the legislation of the above states. The article analyzes the procedural features of the normative regulation of the use of pledge in the legislation of Ukraine and the Republic of Kazakhstan. The author's position on these issues, as well as proposals for optimizing the criminal procedural legislation of the Republic of Belarus regarding the regulation of the use of detention are formulated.

scholarly journals REFORMS IN THE COMMUNICATIONS MONITORING SYSTEM AS A PRECONDITION FOR EFFECTIVE HUMAN RIGHTS PROTECTION

2019 ◽  
Vol 31 (5) ◽  
pp. 1509-1514
Author(s):  
Biljana Karovska-Andonovska ◽  
Zoran Jovanovski
Keyword(s):  
Monitoring System ◽  
A Priori ◽  
Personal Data ◽  
The Other ◽  
Right To Privacy ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right ◽  
And Control

The reforms in the communications monitoring system as part of the wider reform of the security services in the Republic of Macedonia, resulted with creation of a package of several laws whose adoption was supposed to provide the legislative basis for a system that would really work in accordance with the goals for which it was established. The communications monitoring system should provide a balanced protection of the right to security, on the one hand, and the right to privacy, on the other. Only on that way a priori primacy of the right to security over the right to privacy will it be disabled. Hence, the reforms in communications monitoring system are a precondition for the effective protection, primarily for the right to privacy and the secrecy of communications, but also for the right to personal data protection, the inviolability of the home as well as for the right to presumption of innocence. It is a complex and delicate matter where opening of a real debate through which the present deficiencies will be perceived in order to create an appropriate legal solutions was very important. However, the new Law on Interception of Communications as the most important in this area, retained a certain part of the provisions that were debatable in the previous legal solutions. The provisions regarding the model for interception of communications, which stipulates the establishment of a separate agency that mediates between the operators and the authorized bodies for interception of communications, were questionable as well. Also, new measures for monitoring communications in the interest of security and defense, as well as the provisions which regulate the disposition and delivery of metadata for security and defense, are also debatable. On the other side, the reform laws made an evident progress in a positive sense through the provisions for oversight and control over the interception of communications. With these changes, certain debatable elements have been overcome, especially those that have hindered it so far, and in some cases completely paralyzed the oversight and control over the monitoring of communications. In this paper we analyzed the debatable elements in the reform package of laws on interception of communications as well as some positive aspects contained in the provisions of the reform laws.

About the results of using the drug monitoring system

2020 ◽  
pp. 39-42
Author(s):  
N. N. Tezina ◽  
Keyword(s):  
Current Efficiency ◽  
Monitoring System ◽  
Drug Monitoring ◽  
Electronic Monitoring ◽  
Regulatory Framework ◽  
State System ◽  
Large Region ◽  
Federal State ◽  
Novosibirsk Region ◽  
Drug Monitoring System

The paper describes the approaches and methods, used in the experiment on the implementation of the Federal state system for electronic monitoring the movement of drugs on the asis of a large region (Novosibirsk region), the regulatory framework, the analysis of the results of the experiment. The features of the process of implementation of the results are formulated and generalized, conclusions about the current efficiency of the experiment and measures to improve it are made.

scholarly journals Procedural analogy: independent principle of criminal proceedings or the element of legality

2020 ◽  
pp. 113-126
Author(s):  
Nadiia Drozdovych
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Historical Aspect ◽  
Legal Norms ◽  
Judicial Practice ◽  
Procedure Code ◽  
Scientific Results ◽  
The Right ◽  
Principle Of Legality

The article is devoted to the study of procedural analogy place in the system of criminal proceedings principles in connection with the statutory provisions of Part 6 of Art. 9 of the Criminal Procedure Code of Ukraine. The historical aspect of the analogy institution normative consolidation in the domestic criminal process is given, which indicates that the institution of analogy in the norms of the Criminal Procedure Code has not been directly enshrined since the 1920s. At the same time, the science justified its necessity and admissibility in the criminal process; scientific results in this area are also given in the article. The existence of two types of analogy is stated: “analogies of right” and “analogies of law”, in connection with which the doctrinal provisions on the applicability of any of them in the modern criminal process are analyzed. The article also provides examples to use the institution of analogy in the judicial practice of the court of cassation. It has been established that despite the legislative technique, the doctrinal provisions and judicial practice state the admissibility of two types of analogy in the domestic criminal process. In this regard, the use of the term “procedural analogy” is justified as the most correct and such, which in its content covers the notion “analogy of the right” and the "analogy of the law". Since the legal norms on procedural analogy are placed within the framework of CPC article on the principle of legality, its relationship with the procedural analogy is determined. To this end, doctrinal statements about the concept of principles of criminal proceedings, author's positions on their classification as well as the criteria for their separate definition are given. Based on the above material, it was concluded that the procedural analogy is not an independent principle of criminal proceedings. The fact that the provisions of Part 6 of Art. 9 of the Criminal Procedure Code placed in the content of the principle of legality, suggests that the procedural analogy is one of the ways to achieve and implement this principle. Key words: analogy of law, analogy of right, procedural analogy, general principles of criminal proceedings.

scholarly journals Design Features of the User Interface of the Pipeline Pressure Control Monitoring System

2020 ◽  
pp. short34-1-short34-8
Author(s):  
Elena Afonina ◽  
Marina Levaya ◽  
Igor Levyy
Keyword(s):  
User Interface ◽  
Monitoring System ◽  
Interface Design ◽  
Effective Interaction ◽  
Pressure Control ◽  
Hydraulic Systems ◽  
Pumping Stations ◽  
Automatic Pressure ◽  
The Right ◽  
And Control

For control and regulation of hydraulic systems, especially, oil pumping stations, automatic pressure control systems (APCS) are used. Using it, the monitoring, controlling, and adjusting the operation of technological equipment, optimization of modes, and other tasks that require direct human participation become possible. The operator (or dispatcher) interacts with the system via a human-machine interface. The monitoring system includes programs for collecting, processing, displaying, and archiving information about the object of observation and control. Well-suited and being put to the right user interface design promotes not only the effective interaction of the operator with the system in normal conditions but also prevents errors and helps to find a solution in a dangerous or emergency swiftly. This paper presents a software package designed for real-time monitoring and regulation of pipeline operation. A system simulation model is provided for the teaching and training of site personnel.

scholarly journals The victim’s rights in the use of coercive measures during pre-trial investigation in the Republic of Kazakhstan

2020 ◽  
Vol 2 (2) ◽  
pp. 197-202
Author(s):  
Yerbol Omarov ◽  
Adil Inkarbekov
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Coercive Measures ◽  
Institu Tions ◽  
The Republic ◽  
The Right

Kazakhstan has adopted a policy of procedural economy, which is expressed in the acceleration of the pas-sage of criminal cases at all stages of the criminal process. The introduction of many new procedural institu-tions and forms of pre-trial investigation, the updating of criminal procedure legislation actualizes the issue of investigating the procedural status of the victim. The modern domestic criminal process should provide a balance between numerous novelties and procedural rules designed to ensure compliance with the principle of competition and equality of the parties to the prosecution and defense. In accordance with this principle, "the parties involved in criminal proceedings are equal, that is, they are given equal opportunities to defend their position in accordance with the Constitution of the Republic of Kazakhstan and the CPC. The authors have studied international documents regarding the regulation of the rights of victims in criminal proceedings. The victim is one of the Central figures in the criminal process, especially if it is a crime against the person, and must have broad rights to protect their interests. In this regard, the issue of choosing a preventive measure against a suspect (accused), taking into account the opinion of the victim, is of particular importance. The authors studied the opinions of scientists and practitioners on the issue under consideration, as well as the provisions of criminal procedure legislation regulating the rights and obliga-tions of the victim, the ratio of General and special norms. As a result, the authors concluded that it is necessary to grant the victim the right to Express his opinion on the use or non-use of coercive measures against the suspect. In the course of studying this issue, the authors applied methods of comparative analysis, deduction, forecasting, and others. On the basis of the research, appropriate recommendations were developed to improve the legal regulation of the rights of the victim in criminal proceedings of the Republic of Kazakhstan.

scholarly journals Abuse in the Distribution of Property of a Liquidated Corporation: Judicial and Legal Aspect

2021 ◽  
Vol 16 (5) ◽  
pp. 114-122
Author(s):  
E. M. Lyanguzova
Keyword(s):  
Rapid Development ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Economic Downturn ◽  
Judicial Practice ◽  
Definition Of ◽  
The Right ◽  
And Control ◽  
Corporate Legislation ◽  
Commercial Courts

Given the rapid development of corporate legislation, it is necessary to determine the boundaries of acceptable behavior when carrying out the procedure for distributing discovered property of a liquidated legal entity. The relevance of the topic is supported by both the increase in the number of applications for the appointment of the procedure received by commercial courts, especially during the economic downturn, and the increase in the number of abuses aimed at taking possession of the property of the corporation. There are gaps in the legal regulation of certain issues of the procedure: the circle of persons, the right to submit an application, the conditions of appointment, and control over the procedure. Stakeholders find opportunities to circumvent the law, leading to new types of abuse. In the absence of detailed legislative regulation, review of practice and clarifications of the Plenum of the Supreme Court of the Russian Federation, courts have to form judicial practice based on the circumstances of specific cases, which leads to contradictions in judicial practice. The stated problem is considered from the standpoint of its corporate component, while the author departs from the traditional circle of subjects of corporate law and examines abuses that can be committed by both participants and management, creditors and even an arbitrazh receiver. The paper lists the main types of abuse of rights, the definition of abuse of rights is proposed. The study is based on a comprehensive analysis of judicial practice related to the consideration of cases by commercial courts on applications for the appointment of a procedure.

scholarly journals Tagging and Tracking of Persons with Albinism: A Reflection of Some Critical Human Rights & Ethical Issues Arising from the Use of the Global Positioning System (GPS) as Part of a Solution to Cracking Down on Violent Crimes Against Persons with Albinism

2019 ◽  
Vol 22 ◽  
pp. 1-27 ◽  
Author(s):  
Mphoeng Maureen Mswela
Keyword(s):  
Human Rights ◽  
Monitoring System ◽  
Global Positioning System ◽  
Electronic Monitoring ◽  
Ethical Issues ◽  
Positioning System ◽  
Human Beings ◽  
Violent Crimes ◽  
Global Positioning ◽  
The Right

Recent years have seen an increase in the use of the Global Positioning System (GPS) by both private and public entities for the purpose of tracking and monitoring the location of human beings. The GPS tracking application is used as a locating system to monitor, among other people, children, the elderly who suffer from Alzheimer's, and the mentally ill, for personal protection purposes. This electronic monitoring system has also found application on parolees as a law enforcement measure. In trying to track down a tangible solution to prevent and mitigate brutal attacks on persons with albinism in South Africa, this article proposes the extension of the application of the use of the Global Positioning Tracking System to persons with albinism as a strategy to halt the continued attacks against this population. Although Malawi has pioneered the use of the GPS in the context of fighting violent crimes against persons with albinism, what is unsettling to the author is the fact that no debates have taken place on the ethical and legal concerns arising from electronically tagging and tracking people with albinism; especially in view of the fact that persons with albinism are already a vulnerable and stigmatised population. Could it be that ethical issues and human rights are to be ignored when it is affirmed that technology serves the common good of protecting persons with albinism? My emphasis here is on the need for a debate on what could otherwise be a controversial application of technology. Although the purpose of the GPS is undeniably worthy, sometimes the way these devices are used can be more problematic. More challenging is the desire to justify the encroachment of any rights, as arises through using this crime prevention strategy. The use of the electronic monitoring system to tag and track persons with albinism raises crucial human rights and ethical concerns, particularly relating to the right to privacy, liberty, perhaps equality, and notably, the right to dignity. There is a need to be conscious of the possibility of the misuse of the technology and precautionary measures must be put in place. This article therefore discusses the ethical and legal issues which could arise from the electronic tagging and tracking of persons with albinism  

Rancang Bangun Sistem Penerimaan Dan Mutasi Barang Pada PDAM Tirta Kerta Raharja

Sensi Journal ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 236-246
Author(s):  
Ilamsyah Ilamsyah ◽  
Yulianto Yulianto ◽  
Tri Vita Febriani
Keyword(s):  
System Analysis ◽  
Object Oriented ◽  
Analysis Method ◽  
Web Based ◽  
Visual Modeling ◽  
Long Time ◽  
The Right ◽  
And Control ◽  
Web Based System ◽  
The Web

The right and appropriate system of receiving and transferring goods is needed by the company. In the process of receiving and transferring goods from the central warehouse to the branch warehouse at PDAM Tirta Kerta Raharja, Tangerang Regency, which is currently done manually is still ineffective and inaccurate because the Head of Subdivision uses receipt documents, namely PPBP and mutation of goods, namely MPPW in the form of paper as a submission media. The Head of Subdivision enters the data of receipt and mutation of goods manually and requires a relatively long time because at the time of demand for the transfer of goods the Head of Subdivision must check the inventory of goods in the central warehouse first. Therefore, it is necessary to hold a design of information systems for the receipt and transfer of goods from the central warehouse to a web-based branch warehouse that is already database so that it is more effective, efficient and accurate. With the web-based system of receiving and transferring goods that are already datatabed, it can facilitate the Head of Subdivision in inputing data on the receipt and transfer of goods and control of stock inventory so that the Sub Head of Subdivision can do it periodically to make it more effective, efficient and accurate. The method of data collection is done by observing, interviewing and studying literature from various previous studies, while the system analysis method uses the Waterfall method which aims to solve a problem and uses design methods with visual modeling that is object oriented with UML while programming using PHP and MySQL as a database.

Promosi Dan Informasi Media Audio Visual Berbentuk Video Profile Pada SMK PGRI 11 Ciledug Kota Tangerang

CICES ◽  
2017 ◽  
Vol 3 (1) ◽  
pp. 35-47
Author(s):  
Faisal Rudiansyah Hamzah ◽  
Panji Wira Soma ◽  
Indri Rahmawati
Keyword(s):  
Information Technology ◽  
Print Media ◽  
Visual Media ◽  
Message Delivery ◽  
The Public ◽  
Existing Problems ◽  
The Media ◽  
The Right

With the development of information technology in particular in the field of multimedia in such rapid and the longer forms of media information more diverse so that more education institutions boast. Media information and promotion is currently used by SMK PGRI 11 Ciledug Tangerang. The purpose of this research audio visual media into the media information and proper promotion, by controlling hearing and vision in the form of audio visual in order to convey messages can be understood by the public at large. Existing problems, namely the medium used by the SMK PGRI 11 Ciledug Tangerang still use print media such as banners, posters and pamplet are considered less effective and efficient to use while simultaneously promoting the institutions with the best possible audio visual media so that it is selected into a medium of information and promotion of the right, by controlling hearing and vision in the form of audio visual. Because therein lies the message delivery process or how to visualize. At the same time listening and showing the contents of the message to the recipient with information through media menunjangnya, so the design of video media profile that displays the entire scope, advantages and facilities belonging to SMK PGRI 11 Ciledug Tangerang, can be a solution in solving problems in media promotion and information. With this study the author makes with the title "promotion and INFORMATION AUDIO VISUAL MEDIA SHAPED VIDEO PROFILE on SMK PGRI 11 APPLICATIONS TANGERANG CITY ".

Sign in / Sign up

Export Citation Format

Share Document