scholarly journals Legal Support For The Protection Of The Rights Of Witnesses In The Fight Against Organized Crime

Author(s):  
Giyosov Bahriddin Hasan Оgli ◽  
◽  
Kholmurodov Doniyor Bakhtiyor Оgli ◽  

This article provides comments and suggestions on how to protect witnesses from law enforcement in the fight against organized crime. In addition, the foreign experience in this area and the current legislation of the Republic of Uzbekistan were analyzed.

2020 ◽  
Vol 13 (46) ◽  
pp. 320-329
Author(s):  
Elena Kašťáková ◽  
Andrea Chlebcová

Abstract The aim of the paper is to assess the current state of economic freedom in the Western Balkans region using the Index of Economic Freedom. From the Western Balkans territories, the best rating in the observed period of 2010 – 2019 is achieved by the Republic of North Macedonia and the worst by Bosnia and Herzegovina. According to the 2020 Index of Economic Freedom, the region belongs to the group of moderately free economies. The investment and business environment of the Western Balkans is at a low level. The reason is poor law enforcement, corruption, organized crime, or the shadow economy.


Author(s):  
Oleksandr Shandula

The author examines the key characteristics of professional legal aid considering national trends of monopoly of advocates andrelevant foreign experience. It is stressed that the special significance of guaranteeing and providing legal aid is currently caused byobjective and subjective factors, including: the growing role of law and legal institutes in satisfaction of economic, political, spiritualand other interests of individuals; the inability of the majority of citizens to defend their rights and legitimate interests, to protect themselvesfrom arbitrariness by public authorities, which is caused by lack of legal knowledge and law-enforcement background; insufficientlevel of development of legal comprehension and legal culture of citizens, which challenges the usage of basic individual rights,freedoms and legitimate interests in concrete life situations.In addition, in most countries significant problems are reported in the mechanism of providing legal aid, which does not complywith the rule of law principle. It is emphasized that only in the countries of the Anglo-Saxon legal system the monopoly of advocateshas been shaped in an absolute form. However, research by the International Bar Association suggests that, in addition to monopoly ofadvocates in court claims, most national jurisdictions prohibit noncertified advocates to provide legal assistance at all. In most Europeancountries, including Greece, Denmark, Germany, the Netherlands, Portugal, as well as Taiwan, Hong Kong, and the Republic of Korea,the monopoly of advocates extends far beyond the court actions.It is concluded that the monopoly of advocates does not mean restricting the freedom of the market of legal services, on the cont -rary, the adequate regulation and uniform rules that would make the legal aid services more predictable and evolutionary. This wouldguarantee everyone equal access to a highly qualified advocate, would nourish the level of legal culture in society and would improvethe quality of court trials and the functioning of the law enforcement agencies. In this way, uniform standards for the provision of legalaid should be introduced. At the same time, the lack of competent and professional staff makes the very idea of qualified legal aid mea -ningless, moreover, poor quality services create a real threat of infringement within the rights, freedoms, and legitimate interests of citi -zens.


2019 ◽  
Vol 5 (3) ◽  
pp. 25
Author(s):  
Bohdan Holovkin ◽  
Kostyantyn Marysyuk

The aim of the article is the analysis of countering organized crime in the financial system in Ukraine and abroad, as well as the development of concrete proposals to optimize the legislative provision of such activities by special international law enforcement agencies in connection with countering crimes in the financial system committed by organized groups and criminal organizations. The subject of the study is an organized crime in the financial system: foreign experience. Methodology. The analysis of legal regulations of Ukraine, the EU, and the USA, as well as scientific literature, enables to study the state of affairs in combating organized groups, which commit economic crimes, and define strategic priorities and objectives of countering this socially negative phenomenon in Ukraine. The results of the study reveal that the implementation of foreign experience in the national economic development faces a number of key economic challenges, primarily organized crime, that hinder the national economy improvement. The author determines that a comprehensive organized crime coping strategy in the financial system is needed currently. Practical implications. The study determines that the issue of countering organized crime in the financial system has become international over the last few decades, overstepping the boundaries of individual countries or regions and gaining global significance. The world community recognizes that organized crime in the financial system has become a global threat to economic security that requires states to adopt measures agreed to combat this socially dangerous activity, both nationally and internationally. Relevance/ originality. The study reveals the status of the economic system development in Ukraine, as well as further improves identifying of effective trends of organized crime prevention in the financial system of Ukraine, taking into account positive foreign experience.


2016 ◽  
Vol 6 (1) ◽  
pp. 85 ◽  
Author(s):  
Bajram Ibraj

Transnational organized criminal activities and local activities have affected both countries, Albania and Kosovo. Meanwhile, transnational crime with transnational and local base Albania-Kosovo, is of interest and influence, therefore, it is suggested that the cooperation between the Republic of Albania and the Republic of Kosovo in this regard be serving in law enforcement institutions in Albania and within law enforcement institutions in Kosovo. Transnational organized crime, terrorism, corruption and money laundering are global security threats and local, regional and international sources of crises. Organized crime knows no nationality, no countries, borders, homeland, race, ethnicity, religion and religious beliefs. That is why it is required cooperation in the fight against transnational organized crime and transnational organized crime to be implemented permanently with the main goal of the strategy implementation, action plans, joint operations between the two countries, Albania and Kosovo. Important role in this association play their respective law enforcement institutions such as the police of the two countries, prosecutions, courts and other institutions. While international cooperation is realized with major international organizations like the UN, the EU, Interpol, Europol, SECI center etc. During the years 2002-2015 between the governments, ministries of internal and Police of the Republic of Albania and the Republic of Kosovo hav signed several agreements, memoranda of understanding and common protocols. Interstate and transnational cooperation through the tabulation and graphs presented and seek to build strategies, institutions, measures, operations and joint actions with preventive, managers and common problem solvers of security and the fight against transnational organized crime. Consolidation of security in Albania and Kosovo, is closely associated with the construction, consolidation and functioning of the rule of law, and the rule of law, reaching freedom and respect for fundamental human rights. Albania-Kosovo cooperation significantly affects the strengthening of the rule of law against transnational organized crime. This cooperation is a necessary precondition for the prevention of conflicts and internal, external and regional crises, in order to achieve security and human rights and freedom.


2016 ◽  
Vol 2 (4) ◽  
pp. 85
Author(s):  
Bajram Ibraj

Transnational organized criminal activities and local activities have affected both countries, Albania and Kosovo. Meanwhile, transnational crime with transnational and local base Albania-Kosovo, is of interest and influence, therefore, it is suggested that the cooperation between the Republic of Albania and the Republic of Kosovo in this regard be serving in law enforcement institutions in Albania and within law enforcement institutions in Kosovo. Transnational organized crime, terrorism, corruption and money laundering are global security threats and local, regional and international sources of crises. Organized crime knows no nationality, no countries, borders, homeland, race, ethnicity, religion and religious beliefs. That is why it is required cooperation in the fight against transnational organized crime and transnational organized crime to be implemented permanently with the main goal of the strategy implementation, action plans, joint operations between the two countries, Albania and Kosovo. Important role in this association play their respective law enforcement institutions such as the police of the two countries, prosecutions, courts and other institutions. While international cooperation is realized with major international organizations like the UN, the EU, Interpol, Europol, SECI center etc. During the years 2002-2015 between the governments, ministries of internal and Police of the Republic of Albania and the Republic of Kosovo hav signed several agreements, memoranda of understanding and common protocols. Interstate and transnational cooperation through the tabulation and graphs presented and seek to build strategies, institutions, measures, operations and joint actions with preventive, managers and common problem solvers of security and the fight against transnational organized crime. Consolidation of security in Albania and Kosovo, is closely associated with the construction, consolidation and functioning of the rule of law, and the rule of law, reaching freedom and respect for fundamental human rights. Albania-Kosovo cooperation significantly affects the strengthening of the rule of law against transnational organized crime. This cooperation is a necessary precondition for the prevention of conflicts and internal, external and regional crises, in order to achieve security and human rights and freedom.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Stefanus Reynold Andika

The establishment of an extradition treaty between the Government of the Republic of Indonesia and other countries is a strategic effort in order to increase cooperation in the field of law enforcement and the implementation of justice. With the formation of the extradition treaty, the perpetrators of crimes that are being sought and fleeing the country cannot escape easily from lawsuits. Although the extradition issue is basically seen as part of international law, the discussion cannot be emphasized only in terms of international law. Many things are not further regulated in extradition agreements, especially if the problem is a domestic problem of each country. This article discusses Law Enforcement Against Transnational Criminals through Extradition Agreements. This research is normative juridical and prescriptive. The results of the study conclude that Law Enforcement Against Transnational Crime Actors under the provisions of the United Nations Convention Against Transnational Organized Crime (UNTOC) is not fully implemented in the Indonesian legal system. Based on data until the 2017 period, it can be concluded that the implementation of extradition in Indonesia based on the provisions of UNTOC is still not fully implemented.


2020 ◽  
Vol 1 (2) ◽  
pp. 277-290
Author(s):  
Shakhzod Saydullaev

The article covers the concept, essence and principles of interpretation of normative legal acts. There is a scientific discussion on the views of a number of scientists. During the discussion, issues related to the correct understanding and interpretation of the content of legal norms, their application to social relations were considered. Methods of interpretation of normative legal acts are explained. At the same time, special attention was paid to the subjects, types of interpretation of legal norms, the factors leading to the ambiguity of some norms in the normative legal acts, gaps in the law were studied in depth, and developed proposals for their effective elimination. In addition, a comparative analysis of national and foreign experience in the interpretation of normative legal documents was carried out, showing the peculiarities of different legal families. At the end of the article, the author puts forward appropriate proposals for amendments and additions to the interpretation of normative legal acts of the Republic of Uzbekistan, aimed at improving the existing legislation.


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


2020 ◽  
Vol 1 (3) ◽  
pp. 4-13
Author(s):  
M. Mirzakarimova ◽  
◽  
L.S. Azimova ◽  

In article it is studied the forms of employment, used of foreign experience of innovation development, the article analyzes variants of use in the republic


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