scholarly journals Law enforcement and implementation of harmonization of law enforcement norms related to drug smuggling

2021 ◽  
Vol 39 (68) ◽  
pp. 787-797
Author(s):  
Alexey P. Albov ◽  
Vera E. Batyukova ◽  
Ekaterina I. Kobzeva ◽  
Natalia S. Ponomareva ◽  
Nikolay N. Kosarenko
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Comprehensive Analysis ◽  
Law Enforcement Agencies ◽  
Drug Smuggling ◽  
Legal Norms ◽  
Procedural Law ◽  
Russian Law ◽  
The One ◽  
Harmonization Of Law

The article examines the problem of the development of Russian law in the framework of the implementation of the criminal procedure norms related to drug smuggling. It is proposed to consider the prevention and effectiveness of offenses related to drug smuggling through the harmonization of national legislation. Special attention is paid to the interaction of international and domestic norms of procedural law. Special attention is paid to a comprehensive analysis of the construction of a system for the implementation of the norms of law, on which the effective achievement of goals in the suppression of crime in the sphere of drug trafficking depends. Based on the study of the material, it has been found that the mechanism for the implementation of the norms of the criminal procedure is not quite simple: on the one hand, the appeal to foreign legal norms is regarded as an unproductive scientific discourse, on the other hand, theories are modeled on the damage to one's own legal system because of unjustified borrowings from other legal systems. The results and conclusions can be used in the practical activities of customs, law enforcement agencies.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

Former employees of the Ministry of Internal Affairs of the Tambov Governorate after the February Revolution of 1917

2021 ◽  
pp. 194-205
Author(s):  
Pavel S. Rakhmanov
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Professional Group ◽  
Political Life ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Political Conditions ◽  
Russian Law ◽  
Internal Affairs ◽  
The One

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals CERTAIN PROCEDURAL ASPECTS OF THE BEGINNING OF CRIMINAL INVESTIGATION

2021 ◽  
Vol 1 (1) ◽  
pp. 52-60
Author(s):  
Dmуtrо Pylypenko ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Justice Reform ◽  
Time Limits ◽  
Procedural Law ◽  
Criminal Procedure Law ◽  
Legal Fact

The article analyzes the features of the beginning of criminal proceedings defined by the current criminal procedure law of Ukraine. The criminal procedural norms which define an initial stage in criminal proceedings are investigated. The provisions of the norms of the legislation which determine the legal fact of the beginning of proceedings in the case are analyzed. The positions of scientists in this regard are considered. In particular, the scientific concepts concerning the implementation in the norms of the current law of the provision that existed in the content of the Criminal Procedure Code of 1960, namely the decision to initiate a criminal case. The analysis of the practice of application of the current norms of the criminal procedural law in this regard for the author's point of view on the expediency of such a step is analyzed. The author's position on the preservation of the existing law within the existing provisions, on the commencement of criminal proceedings from the moment of entering information into the unified register of pre-trial investigations. This position is fully correlated with the provisions of the concept of criminal justice reform. There are also examples from the practical activities of law enforcement agencies, which were the basis for this conclusion. The article also examines the issue of determining the time limits for the start of pre-trial investigation in criminal proceedings and entering information into a single register of pre-trial investigations. The positions of scientists on this issue, which are quite different and sometimes polar, are analyzed. The author's attention is focused on certain difficulties that arise in law enforcement agencies during the proper initiation of criminal proceedings. It is emphasized that the term available in the current law for twenty-four hours is extremely insignificant for the correct determination of the qualification of the offense and its composition. It is proposed to increase the period to three days during which the investigator must enter information into the unified register of pre-trial investigations and initiate criminal proceedings. It is these time limits that must be sufficient for the investigator or prosecutor to properly comply with the requirements of the applicable criminal procedure law.

scholarly journals SOME FACETS OF INTEGRATION IN THE MODERNIZATION OFTHE CIVIL PROCESS

2018 ◽  
pp. 13-24
Author(s):  
Z.K.Ayupova ◽  
Kussainov D.U ◽  
Winston Nagan
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Civil Process ◽  
Governmental Organizations ◽  
Procedural Law ◽  
Non Governmental Organizations ◽  
Protection Of Human Rights ◽  
Substantive Law

The rules of procedural law regulate the jurisdictional, i.e. law enforcement process, which is carried out in the form of law enforcement by specially authorized bodies (court, Prosecutor’s office, police, etc.) in cases of crimes and other offenses or in disagreements, i.e. when the subjects of legal relations cannot come to an agreement on their rights and obligations and apply to the court. Procedural law can be defined as a set (system) of legal norms, governing the procedure, the form of jurisdictional law enforcement activities of the competent state bodies on officials, aimed at the implementation of the norms of various branches of substantive law. Law enforcement in procedural law is carried out with the assistance of law enforcement agencies. The activities of the state and its bodies cover many areas of state and public life. One of the central places in this implementation of the tasks, law and order in law-abiding state with the protection of human rights and freedoms, protection of the rights and interests of the state and non-governmental organizations, labor collectives, combating crimes and other offenses. The development of law-abiding stateis one of the main aims of our society.

scholarly journals Involvement of a Specialist in Criminal Proceedings: A Defense Party’s Duty, Right or Opportunity

2020 ◽  
Vol 15 (4) ◽  
pp. 82-89
Author(s):  
A. P. Bozhchenko ◽  
I. M. Nikitin
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Probative Value ◽  
Procedural Law ◽  
Professional Duty ◽  
Expert’S Opinion ◽  
Further Development

The article reviews the contradictions between the procedural law and an attorney’s professional duty to use an opinion of a knowledgeable person in the system of criminal procedure protection. The paper provides an analysis of the problems and difficulties arising in the implementation of this right in the criminal process leading to violation of the equality and adversarial principles: the optionality of the defense’s right to involve a specialist; the biased attitude of law enforcement agencies to the expert presented by the defense; the desire to diminish the probative value of the specialist’s conclusion and testimony; the absence of an obligation for an investigator and court in all cases to attach the expert’s opinion to the case. The author emphasizes how important it is for all the participants in the criminal process to understand the expert’s opinion and testimony’s independent evidentiary value. Proposals that contribute to the legal specificity and further development of the specialist institution within the framework of the fundamental principles of competition and equality of the parties are presented.

Russian Anti-Extremism Legislation and Internet Censorship

2019 ◽  
Vol 46 (2) ◽  
pp. 158-186 ◽  
Author(s):  
Maria Kravchenko
Keyword(s):  
Law Enforcement ◽  
Hate Speech ◽  
Steady Increase ◽  
Federal Law ◽  
Web Content ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Russian Law ◽  
Internet Censorship ◽  
Definition Of

This article is focused on the enforcement of Russian anti-extremist legislation through web regulation. Russian law enforcement has shifted from a focus on preventing terrorist violence to a focus on prosecuting online hate speech and anti-authority rhetoric under current anti-extremist and anti-terrorist laws. The vague definition of extremist activity in federal law has been broadly interpreted by law enforcement agencies. Through the idea of public security, Russian law enforcement agencies have overestimated the threat of online content without regard for the context, audience, and impact of online statements. The result has been a steady increase in blocked access to web pages and sanctions on web users and providers. The article analyzes the legal norms pertaining to web content control, and details law enforcement practice and major trends. It also identifies the most common publications, people, and organizations targeted by Russian law enforcement for sanctions based on online statements.

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

Due process implications of law enforcement agencies using Investigative Genetic Genealogy to solve serious crimes

2021 ◽  
pp. 1037969X2110072
Author(s):  
Rhanee Rego ◽  
John Anderson
Keyword(s):  
Law Enforcement ◽  
Due Process ◽  
Criminal Procedure ◽  
Law Enforcement Agencies ◽  
Dna Databases ◽  
Genetic Genealogy ◽  
Legislative Reform ◽  
Critical Questions ◽  
Forensic Practice

Investigative Genetic Genealogy (IGG) has opened up new frontiers in the search for the perpetrators of serious crimes. The pool of data held by consumer DNA databases has enabled law enforcement agencies to undertake database matching to find biological relatives of an unknown perpetrator. This relatively new forensic practice is not, however, without concerns when benchmarked against established norms of investigative practice and criminal procedure. The critical questions emerge: how should IGG be used and in what circumstances? In this article, we contend that the current laws in Australia are not capable of regulating IGG appropriately and legislative reform is required.

scholarly journals Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 30
Author(s):  
Alexander V. Demin
Keyword(s):  
Law Enforcement ◽  
Everyday Life ◽  
International Organizations ◽  
Good Faith ◽  
The Other ◽  
Tax Law ◽  
General Requirement ◽  
Law Enforcement Agencies ◽  
The One ◽  
Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

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