Biometric personal data and their use in the investigation of criminal offences

2021 ◽  
Vol 28 (4) ◽  
Author(s):  
Violetta E. Konovalova ◽  
Vasyl M. Stratonov ◽  
Iryna V. Savelieva
Keyword(s):  
Personal Data ◽  
The State ◽  
Criminal Record ◽  
Structural System ◽  
Biometric Data ◽  
Record System ◽  
Judicial Practice ◽  
Source Of Information ◽  
Positive Results ◽  
State Body

The article is devoted to the analysis of biometric personal data, which is proposed to be considered as a source of information about a person and used during pre-trial investigation of criminal offences. The relevance of the research topic lies in the need to develop an optimal mechanism for using biometric personal data in the activities of pre-trial investigation bodies. The purpose of the research is to analyse the current international and national legislation on determining the place of biometric personal data in the criminal record system, implement their classification and provide recommendations for use by state bodies and individuals. To achieve this goal, the work used dialectical, historical-legal, formal-logical, dogmatic, structural-system and comparative-legal methods. It is proved that various types of biometric personal data accumulated in the criminal record system can be successfully used in the process of investigating criminal offences, and in some cases by individuals within the limits of their statutory powers. It was noted that along with the positive results of such activities, there are certain risks, namely, the presence of a threat of leakage and access to biometric data by unauthorized persons, as evidenced by the negative judicial practice of individual countries regarding unsatisfactory collection, processing, storage and use of biometric personal data. Taking into account the above, it is stated that the collection, processing and use of biometric personal data for the purpose of their use in the investigation of criminal offences must meet certain requirements, namely: the owner of the database of biometric personal data should only be the state represented by a special state body. Accordingly, the state should ensure the storage and protection of biometric personal data

scholarly journals Elements of administrative and legal status of the State executive service of Ukraine

2020 ◽  
Vol 2020 (3) ◽  
pp. 60-68
Author(s):  
Shamruk N.B. ◽  
◽  
Makiienko A.A. ◽  
Keyword(s):  
Key Words ◽  
Legal Status ◽  
The State ◽  
Judicial Reform ◽  
Court Decisions ◽  
International Treaties ◽  
High Quality ◽  
Positive Results ◽  
State Body

High-quality execution of court decisions and decisions of other bodies is one of the main priorities of the Ministry of Justice of Ukraine, as the state must not only ensure fair consideration of cases in courts and other bodies, but also guarantee fair, high-quality and fast execution of such decisions. This task is assigned to the bodies of the State Executive Service and private bailiffs.Reform of execution of court decisions in general and the bodies of the State Executive Service in particular is key one both for Ukraine and the Ministry of Justice of Ukraine. The steps already taken in the area of ​​judicial reform and are being implemented today are yielding positive results, but the reform should be continued. In future, it is necessary to ensure the protection of society by ensuring obligatory enforcement of court decisions by modernizing the service of state bailiffs and protecting private bailiffs for the execution of court decisions.Any state body must have a clear legal status in order to function effectively. The current legal status of the State Executive Service of Ukraine is determined by the Constitution of Ukraine, Laws of Ukraine “On Enforcement Proceedings” dated 02.06.2016 № 1404-VIII, “On bodies and persons carrying out enforcement decisions and decisions of other bodies” dated 02.06.2016 № 1403-VIII and other laws, as well as international treaties of Ukraine, the consent to the binding nature of which was given by the Verkhovna Rada of Ukraine and regulations adopted for their implementation.In this article, the elements of the administrative and legal status of the State Executive Service of Ukraine are considered through the prism of the components, in particular: goals, objectives, functions, competence and powers, principles of the State Executive Service of Ukraine. Key words: purpose, tasks, functions, competence, powers, interaction of the State Executive Service of Ukraine.

Current Situation of the Efficiency of the National Budget Allocation in Vietnam

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Nguyen Trong Vinh ◽  
Nguyen Cam Nhung
Keyword(s):  
Budget Allocation ◽  
Current Situation ◽  
Econometric Models ◽  
The State ◽  
Policy Implications ◽  
State Budget ◽  
National Budget ◽  
Near Future ◽  
Positive Results

This research evaluates the efficiency of the state budget allocation in Vietnam in the period 2007-2016 by using econometric models of OLS, FEM, REM and FGLS. The estimated results from the model, together with the evaluation of the state budget allocation show that the budget allocation has achieved positive results, but the efficiency of budget allocation is still not high. Following this, the article gives some policy implications for Vietnam to effectively allocate the state budget in the near future.

scholarly journals Digitizing and Disclosing Personal Data: The Proliferation of State Criminal Records on the Internet

2021 ◽  
pp. 1-31
Author(s):  
Sarah E. Lageson ◽  
Elizabeth Webster ◽  
Juan R. Sandoval
Keyword(s):  
Personal Data ◽  
The United States ◽  
Criminal Court ◽  
The Internet ◽  
Criminal Record ◽  
Criminal Records ◽  
Public Records ◽  
Internet Privacy ◽  
Court Proceedings ◽  
Public Disclosures

Digitization and the release of public records on the Internet have expanded the reach and uses of criminal record data in the United States. This study analyzes the types and volume of personally identifiable data released on the Internet via two hundred public governmental websites for law enforcement, criminal courts, corrections, and criminal record repositories in each state. We find that public disclosures often include information valuable to the personal data economy, including the full name, birthdate, home address, and physical characteristics of arrestees, detainees, and defendants. Using administrative data, we also estimate the volume of data disclosed online. Our findings highlight the mass dissemination of pre-conviction data: every year, over ten million arrests, 4.5 million mug shots, and 14.7 million criminal court proceedings are digitally released at no cost. Post-conviction, approximately 6.5 million current and former prisoners and 12.5 million people with a felony conviction have a record on the Internet. While justified through public records laws, such broad disclosures reveal an imbalance between the “transparency” of data releases that facilitate monitoring of state action and those that facilitate monitoring individual people. The results show how the criminal legal system increasingly distributes Internet privacy violations and community surveillance as part of contemporary punishment.

scholarly journals EPIDEMIC ENCEPHALITIS AND SIMPLE HERPES

1927 ◽  
Vol 8 (6) ◽  
pp. 713-726 ◽  
Author(s):  
Simon Flexner
Keyword(s):  
Guinea Pig ◽  
Past Experience ◽  
The State ◽  
Encephalitis Virus ◽  
Point Of View ◽  
Epidemic Encephalitis ◽  
Direct Corollary ◽  
The Subject ◽  
Positive Results ◽  
Epidemic Diseases

The purpose of this paper is to explain the state of our knowledge of the etiology of epidemic encephalitis, and especially to draw a line of demarcation between the established virus of simple herpes and the hypothetical virus of epidemic encephalitis. It had already been shown that the experimental observations on rabbits do no suffice to prove the identity of the herpes with the encephalitis virus. The discussion of the subject in this paper shows that identity cannot be postulated on the basis of the performed guinea pig experiments. Attention has been drawn to the significant fact that there is lack of harmony in the positive results of those investigators who believe that the incitants of epidemic encephalitis have been discovered. An attempt has been made to attribute some of the discrepancies reported by these investigators either to accidental and contaminating microbic agents, or to the uncovering of virulent agents preexisting in a latent state in the animals employed for inoculation, the existence of which was not previously known or suspected. Since past experience leads us to believe in a single incitant for widespread epidemic diseases, it is probable that, when certainly discovered, the microbe of epidemic encephalitis will prove to be simple and not multiple. The direct corollary to this point of view is that up to the present, the etiology of epidemic encephalitis has not been determined.

IMPROVING THE ASSESMENT OF THE ACTIVITIES OF PUBLIC CIVIL CERVANT

2020 ◽  
Author(s):  
M. V. Kovaleva ◽  
A. A. Golovko
Keyword(s):  
Human Resources ◽  
Evaluation System ◽  
The State ◽  
Civil Servants ◽  
Methodological Tool ◽  
State Body ◽  
The Evaluation System

The article deals with the problem, deficiencies in the evaluation system for civil servants. Also proposed a new methodological tool for improving the quality of the work of human resources services and improving the efficiency of the functioning of the state body

LEGAL EDUCATION FOR PENAL OFFICIALS AS ONE OF THE MEANS TO FIGHT CORRUPTION

2021 ◽  
pp. 58-61
Author(s):  
Надежда Владимировна Романова
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Public Service ◽  
Effective Means ◽  
Legal Education ◽  
The State ◽  
Law And Order ◽  
Educational Activities ◽  
The Russian Federation ◽  
Positive Results

В статье автором изучен такой общественно опасный феномен как коррупция, в частности, коррупционные правонарушения сотрудников УИС, вызывающие наибольший резонанс и создающие реальную угрозу не только пенитенциарной, но и национальной безопасности государства, поскольку именно сотрудники УИС должны являться гарантом обеспечения законности, правопорядка и справедливого исполнения наказаний. Показывается, что в борьбе с данным негативным явлением одним из эффективных средств является правовое просвещение и воспитание, поскольку причиной многих коррупционных правонарушений, совершаемых в УИС, является правовая безграмотность сотрудников. На основе проведенного анкетирования были изучены содержание, формы и методы работы сотрудниками УИС по правовому просвещению в рамках профилактической деятельности в борьбе с коррупцией в УИС. Автор приходит к выводу, что достижение реальных результатов в деле формирования атмосферы нетерпимости к коррупционным проявлениям, подрывающим авторитет государственной службы в Российской Федерации, возможно только путем консолидации всех усилий, а проводимый комплекс информационно-пропагандистских и просветительских мероприятий дает положительные результаты. In the article the author studied such socially dangerous phenomenon as corruption, in particular - corruption offenses of CES employees, causing the greatest resonance and creating a real threat not only to penitentiary, but also to national security of the state, since it is the CES employees should be the guarantor of legality, law and order and fair execution of punishment. It is shown that one of the effective means to combat this negative phenomenon is legal enlightenment and education, since the cause of many corruption offenses committed in the CES is the legal illiteracy of employees. The content, forms and methods of work on legal education as part of preventive anti-corruption work with employees of prisons have been studied on the basis of the questionnaire. The author concludes that the achievement of real results in the formation of an atmosphere of intolerance to corrupt practices that undermine the authority of public service in the Russian Federation is possible only through the consolidation of all efforts, and the ongoing set of outreach and educational activities gives positive results.

Wage indexation as a means of ensuring that real wage levels are raised

2020 ◽  
pp. 40-47
Author(s):  
Е. A. Shapoval
Keyword(s):  
Real Wage ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Judicial Practice ◽  
Wage Indexation ◽  
Definition Of

The article considers issues related to the state guarantee of ensuring an increase in the level of real wage content, the definition of the concept of “wage indexation”, the procedure for its implementation and the mechanisms for determining the amount based on the approaches developed in the science of labor law and judicial practice taking into account priorities in the field of social and labor relations.

Official discipline of civil servants: legal framework

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Framework ◽  
The State ◽  
Legal Issues ◽  
Civil Servants ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

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