scholarly journals Peranan Hukum Dalam Persepektif Filsafat Terhadap Pemberantasan Korupsi

2021 ◽  
pp. 145-153
Author(s):  
Nofil Gusfira ◽  
Abdul Hafiz
Keyword(s):  
Law Enforcement ◽  
Legal Policy ◽  
Enforcement Policy ◽  
Law Making

Tindak pidana korupsi bukan saja dapat dilihat dari perspektif hukum pidana, melainkan dapat dikaji dari dimensi lain, misalnya perspektif legal policy (law making policy dan law enforcement policy), Hak Asasi Manusia (HAM) maupun Hukum Administrasi Negara. Tindak pidana korupsi merupakan salah satu bagian dari hukum pidana khusus. Apabila dijabarkan, tindak pidana korupsi mempunyai spesifikasi tertentu yang berbeda dengan hukum pidana umum, seperti penyimpangan hukum acara dan materi yang diatur dimaksudkan menekan seminimal mungkin terjadinya kebocoran serta penyimpangan terhadap keuangan dan perekonomian negara.

scholarly journals Modern problems of implementing the strategies of the legal policy of the Russian Federation in the context of the COVID-19 coronavirus pandemic

2020 ◽  
Author(s):  
Dmitrii Viacheslavovich Krylov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Conceptual Level ◽  
Legal Policy ◽  
Enforcement Policy ◽  
Legal Problems ◽  
Conflict Situations ◽  
Coronavirus Infection ◽  
The Russian Federation

The article is devoted to the problems of the legal policy of the Russian Federation during the pandemic of the new coronavirus infection COVID-19. One of the most serious problems associated with the levels of implementation of legal policy was the actual absence of conceptual strategies of legal policy, since during the period under review, legal policy was implemented not at the traditional conceptual level, but at the situational level. At the same time, the consequence of the legal, including law enforcement, policy that has developed in these conditions has been not only the emergence and development of various conflict situations, but also the resolution of legal problems.

scholarly journals Doctrinal documents and doctrinal legal acts: theoretical and methodological analysis of content and correlation of concepts

2020 ◽  
Vol 11 (11) ◽  
pp. 245-250
Author(s):  
Ternavska V. M.
Keyword(s):  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
General Nature ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Leading Role ◽  
Source Form ◽  
Conceptual Foundations ◽  
Law Making

The article is devoted to the study of the essence of legal doctrine and its role in forming the legal policy of the state. Legal doctrine as a system of dominant perceptions of law in society plays a multifunctional role in the legal life of society: transforming qualitatively positive social and professional sense of justice, legal doctrine contributes to the formation of the foundations of law-making and to improving the practice of law-enforcement and law-implementation. In Ukraine legal doctrine is not officially recognized as the source (form) of law. At the same time, modern European integration processes actualize the issue of need to rethink the essence and purpose of the legal doctrine, its role in the law-making process of the Ukrainian state, since the concept of human-centrism, which occupies a chief place in the European doctrine of law, encourages the Ukrainian authorities not only to reform national legislation according to the European and international standards, but also to fill the laws and other legal acts with new content. Therefore, the author puts the aim to substantiate the importance of legal doctrine that forms the Ukraine’s legal policy, because this issue has not only theoretical but also applied character. The content of such categories as “doctrinal documents” and “doctrinal legal acts” are analyzed in the context of their common and distinctive features, as well as their role in forming and implementing the state’s legal policy. It is noted that the legal doctrine, produced by scientific collectives, acquires the form of doctrinal documents – concepts and doctrines, which play a leading role in forming the bases of law-making and improving law-enforcement practice. Doctrinal documents should form the conceptual foundations for the development of legislation, and therefore, being approved by the authorities, they are transformed into doctrinal legal acts and attain binding nature. There defined doctrinal documents as a form of legal policy, while doctrinal legal acts are the means of legal policy. Doctrinal acts include norms-principles, norms-goals, norms-definitions and other norms of a general nature, which determine the actual problems in a certain sphere of public administration and propose a set of measures needed to solve these issues in the future. Doctrinal legal acts contain conceptual scientifically substantiated provisions that serve as the basis for the development and adoption of specific normative legal acts of a regulatory nature for reforming relevant sectors of the economy. Practical problems of implementing the majority of doctrinal legal acts are noted. It is proposed to solve the problem of legalization of doctrinal legal acts by defining their hierarchical place in the system of normative legal acts due to adopting the long-awaited Law of Ukraine “On Normative Legal Acts”. Keywords: legal policy of the state, legal doctrine, doctrinal documents, doctrinal legal acts, means of realization of legal policy.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Cybercrime Investigation

2017 ◽  
pp. 96-120
Author(s):  
Sujitha S. ◽  
Parkavi R.
Keyword(s):  
Law Enforcement ◽  
Cyber Security ◽  
Security And Privacy ◽  
Malware Analysis ◽  
Cyber Crime ◽  
Ddos Attacks ◽  
Enforcement Policy ◽  
Control Devices ◽  
The Law

This book chapter will be an introduction to hacking, DDOS attacks and Malware Analysis. This chapter will also describe about the cyber-crime against properties and Persons and will give a detailed description about the cyber security and privacy. This chapter will deal with the cyber-crime investigations, law enforcement policy and procedures. This chapter will also describe about the peer supporting programs for the law enforcement authorities and a detailed description about the control devices and techniques that are used by an officer. This chapter will give an opportunity to know about the evidence collecting procedures in cyber-crime and also the barriers to cybercrime investigations.

To the question of the transfer of the «soft law» concept on the national legal systems level

2015 ◽  
Vol 3 (3) ◽  
pp. 112-116
Author(s):  
Александр Демин ◽  
Alyeksandr Dyemin
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Empirical Data ◽  
Turning Point ◽  
Soft Law ◽  
International Level ◽  
Legal Systems ◽  
Data Collation ◽  
Domestic Law ◽  
Law Making

Initially, the concept of «soft law», its development, the accumulation of empirical data collation and analysis were carried out as part of the science of international law. The turning point is that «soft law» issue is no more limited by international level. Of course, the «soft law» phenomenon has actually not been explored to the same extent at the level of domestic law systems, than as it has been in the international law. At the same time, it seems profitable to use the «soft law» concept in relation to those various instruments that have a domestic character, which are not formally part of the official source system of law, but which are important for law-making and law enforcement.

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