scholarly journals CRITICAL ANALYSIS OF DNA PROFILING IN INDIA: CONSTITUTIONAL CHALLENGES AND THE WAY AHEAD

2021 ◽  
pp. 50-56
Author(s):  
Asmita PATEL
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
Dna Profiling ◽  
Social Lives ◽  
Secondary Sources ◽  
Dna Evidence ◽  
Judicial Discourse ◽  
Giant Leap ◽  
Almost All ◽  
The Way

Modern fast-progressing society has brought advancements in science and technology touching almost all aspects of our cultural and social lives. Law enforcement is not an exception to it with DNA Profiling being a giant leap in investigation procedure. Despite wide application in law enforcement in many countries of the world, India does not have a standalone law regulating the application of DNA as a method of identification yet. Further, admissibility and reliability of DNA evidence is a debated issue and a comprehensive study of legislative and judicial discourse is necessary to appreciate its value and bring reformation in the regulatory framework. This paper firstly discusses the meaning and concept of DNA profiling including its significance and application in criminal and civil investigations. Secondly, the present legal framework in India concerning DNA Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the judicial approach towards evidentiary value of DNA Profiling is discussed. In the fourth part of the paper, the author has addressed the constitutional challenges to DNA profiling in India and provided suggestions and recommendations to make it more comprehensive and accountable. The paper concludes with the way forward in this legal reformative discourse around DNA profiling. The nature of research is doctrinal and both primary and secondary sources of data comprising of legislations, regulations, debates, research papers, journals, books, newspaper articles and judgments are relied upon by the author.

Competition law enforcement on digital markets—lessons from recent EU case law

2019 ◽  
Vol 7 (2) ◽  
pp. 249-278
Author(s):  
Adrian Kuenzler
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Case Law ◽  
Legal Framework ◽  
Theoretical Background ◽  
Digital Economy ◽  
Competition Law Enforcement ◽  
Court Of Justice ◽  
Policy Goals ◽  
The Way

Abstract This article is set against the Court of Justice of the European Union’s (CJEU) decisions in Pierre Fabre and Coty Germany GmbH, observing that in the digital economy, price is no longer the sole important parameter of competition and that competition law therefore has to reconstruct the theoretical background required to explain the tensions contained in the design of concentrated marketplaces. As the CJEU’s approach taken in Pierre Fabre and Coty shows, competition authorities and courts also need to consider the market’s distinct psychological properties when they contemplate the legal framework that governs it. The article thus explains the CJEU’s decisions not against the well-known debate about inter- and intrabrand competition but with reference to the notion of creating distinct types of ‘variety’ in the marketplace so as to enable consumers to choose not just between the alternative options that they face but also to enable them to make decisions that will shape the manner in which they think about whether they should consider alternative options at all. The article’s findings aim to advance debates about the overarching policy goals of the way in which digital markets ought to be regulated.

scholarly journals Role and place of international legal acts in the formation of legal enforcement against trafficking in human beings

2020 ◽  
Vol 3 (3) ◽  
pp. 145-150
Author(s):  
Oleh Yemets ◽  
Mykhaylo Hribov ◽  
Dmytro Rusnak
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
Human Beings ◽  
International Treaties ◽  
Legal Enforcement ◽  
International Labor ◽  
Women And Children ◽  
Trafficking In Human Beings ◽  
Almost All ◽  
The Impact

The purpose of the article is to determine the role and place of UN international legal acts in the formation and development of legal support for combating trafficking in human beings, followed by the publication of the results obtained. This will facilitate the process of adapting the national legal system to the requirements of international treaties to which Ukraine is a party. It has been found that international legal acts in this area can cover almost all countries of the world, as well as only a number of states in a certain part of it. The first acts are adopted mainly by the UN General Assembly, or, for example, the International Labor Or-ganization, which, although it was formed before the UN was founded, but is now its specialized Agency. The analysis of the content provisions these documents allowed us to determine the impact of each of them on the formation of the legal framework for combating trafficking in human beings. Special mention should be made of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children of 2000. The 1949 Convention has been found more to address sexual issues rather than trafficking in human beings. The Protocol today plays a key role in the development of legal support for combating trafficking in human beings, as it provides a definition for this phenomenon that is now reflected in other later international treaties, as well as national legislation of various countries, although with some comments. This Protocol provides for a systematic approach to many issues arising in the work of of law enforcement and other authorities, as well as during cooperation in countering this transnational crime. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the combating human trafficking.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

Diligent Notes on Laziness: Oblomov, Lenin and the Capitalization of Laziness

2019 ◽  
Vol 29 (1) ◽  
pp. 243-258
Keyword(s):  
Psychiatric Hospital ◽  
The Novel ◽  
Work Analysis ◽  
Main Obstacle ◽  
Almost All ◽  
Russian Linguistic ◽  
The Way

The essay investigates the phenomenon of laziness by first analyzing the opposition between laziness and the good. Both utility and the good make reference to labor. This opposition between labor and laziness is pivotal in Oblomov, Ivan Goncharov’s famous novel written in 1859. It marks a radical transition from a feudal paradigm to a capitalistic one. The two main characters in the novel are Ilya Ilyich Oblomov, a Russian, and Andrey Ivanovich Stolz, a German, who together seem to personify the contradiction between laziness and labor. But the purpose of the essay is to deconstruct that opposition. In this connection, one can cite Kazimir Malevich, who maintained that laziness is the Mother of Perfection and is always unconsciously inherent in the conscious intent to work. Analysis of the Latin concepts of otium and negotium indicates that the laziness/labor opposition may be deconstructed as a dialectic between labor and its opposite. In other words, laziness does not stand in contradiction to labor but is instead its inseparable dialectical other. In the last part of the essay, the article considers the thinking of Anatoly Peregud, a poet who spent almost all his life in a psychiatric hospital. According to Peregud, Lenin derived his pseudonym from the Russian linguistic root “len” (laziness) in order to make laziness central to communism. For his part, Lenin saw Oblomov as an emblem of the main obstacle standing in the way of communism.

Community policing in Danish “ghetto” areas: Trust and distrust between the police and ethnic minority youth

2021 ◽  
pp. 174889582110173
Author(s):  
Tobias Kammersgaard ◽  
Thomas Friis Søgaard ◽  
Mie Birk Haller ◽  
Torsten Kolind ◽  
Geoffrey Hunt
Keyword(s):  
Law Enforcement ◽  
Procedural Justice ◽  
Ethnic Minority ◽  
Police Officers ◽  
Community Policing ◽  
Minority Youth ◽  
Ethnic Minority Youth ◽  
Challenges And Strategies ◽  
The Way

Recent years have seen trends within police to use different forms of “community policing” strategies that aim to foster closer relationships and trust with citizens, as well as an orientation toward “procedural justice” in law enforcement practices. Based on 25 interviews with police officers in two different police precincts in Denmark, this article explores the policing of ethnic minority youth in so-called “ghetto” areas from the perspectives of police officers. In doing this, we describe the specific challenges and strategies in implementing such policing methods in neighborhoods where some residents display low trust or even hostility toward the police. The article sheds light on the emotional, organizational, and practical challenges involved in doing community policing in marginalized neighborhoods and the way in which this shapes how community policing is being organized in practice.

Anna Karenina: The Dialectic of Prophecy

PMLA ◽  
1964 ◽  
Vol 79 (3) ◽  
pp. 266-282
Author(s):  
David H. Stewart
Keyword(s):  
Nineteenth Century ◽  
The Other ◽  
Moby Dick ◽  
Anna Karenina ◽  
Symbolic Value ◽  
Almost All ◽  
The Way

One of the most impressive features of Anna Karenina is the way in which Tolstoy draws the reader's imagination beyond the literal level of the narrative into generalizations that seem mythical in a manner difficult to articulate. With Dostoevsky or Melville, one sees immediately a propensity for exploiting the symbolic value of things. With Tolstoy, things try, as it were, to resist conversion: they strive to maintain their “thingness” as empirical entities. A character in Dostoevsky is usually only half man; the other half is Christ or Satan. Moby Dick is obviously only half whale; the other half is Evil or some principle of Nature. But Anna Karenina is emphatically Anna Karenina. Like almost all of Tolstoy's characters, she has a proficiency in the husbandry of identity; she jealously hoards her own unique reality, so that it becomes difficult to say of her that she is a “type” of nineteenth-century Russian lady or a “symbol” of modern woman or an “archetypical” Eve or Lilith.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

Race, class and persistent coloniality: US policing as liberal pacification

2018 ◽  
Vol 43 (3) ◽  
pp. 417-436 ◽  
Author(s):  
Markus Kienscherf
Keyword(s):  
Law Enforcement ◽  
Social Control ◽  
Social Order ◽  
Historical Period ◽  
Secondary Sources ◽  
Legal Equality ◽  
Strategic Focus ◽  
Colonial Order ◽  
Class Divisions ◽  
Theoretical Apparatus

This article argues that US policing ends up maintaining and reinforcing substantive intersecting racial and class divisions, precisely because of its avowed formal neutrality. The article is divided into two main sections. The first section sets up a theoretical apparatus for conceptualising the seeming contradiction between general and specific social control. This section argues that US policing has a colonial genealogy but now serves to reproduce a neo-colonial order characterised by both formal legal equality and substantive racial and class inequalities. Moreover, this section shows that the transition from a colonial to a neo-colonial order has been effected by a change in policing’s strategic focus from classical colonial pacification to liberal pacification, which combines coercion with developmentalism. Through a genealogy of US policing, the second section will demonstrate empirically how US policing’s shift towards a strategy of liberal pacification has enabled and continues to facilitate the (re)production of a neo-colonial social order. Since this genealogical section covers quite a long historical period, it will primarily draw on secondary sources. By developing a more nuanced and finely grained policing-as-pacification model that highlights both the colonial genealogy and the contemporary neo-colonial ontology of US policing, this article helps us better understand how and why formally neutral law enforcement ends up producing and reproducing racial and class divisions.

scholarly journals TERMINATION OF EMPLOYEES’ EMPLOYMENT DURING COVID-19: A GUIDE FOR EMPLOYERS IN ACCORDANCE WITH EMPLOYMENT LAW

2021 ◽  
Vol 6 (22) ◽  
pp. 138-146
Author(s):  
Mumtaj Hassan ◽  
Anis Shuhaiza Md Salleh ◽  
Yusramizza Md Isa @ Yusuff
Keyword(s):  
Well Being ◽  
International Labor Organization ◽  
Secondary Sources ◽  
Legal Documents ◽  
Global Pandemic ◽  
International Labor ◽  
The Face ◽  
Huge Impact ◽  
Business Profit ◽  
Almost All

The global pandemic of COVID-19 has endangered the human and economic well-being in the world. It also has a huge impact on almost all industries at home and abroad. The International Labor Organization (ILO) expects the pandemic to increase layoffs and unemployment worldwide. In this case, employers are certainly in a dilemma, each looking for and juggling between workers' income and business profit. Thus, this article explores the aspect of termination of employees’ employment through library-based research that focuses on the use of statutes, courts’ cases, legal documents, and scholarly writings published in journals. Descriptive and critical methods are used to analyse the primary and secondary sources referred to. This article stresses that there are procedures and laws which employers need to obey in order to address the excessive number of employees in the face of pandemics. Dismissal of employees should not be done arbitrarily without justifications and procedures that have been outlined by law. The discussion ended with suggestions to employers so that any layoffs can be blocked and minimized.

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