scholarly journals О РАСШИРЕНИИ КОМПЕТЕНЦИИ ПРОКУРОРА ПО УГОЛОВНЫМ ПРАВОНАРУШЕНИЯМ ЭКСТРЕМИСТСКОЙ И ТЕРРОРИСТИЧЕСКОЙ НАПРАВЛЕННОСТИ

2021 ◽  
pp. 133-137
Author(s):  
Talgat Khanov ◽  
Nazerke Tusupova
Keyword(s):  
Public Interest ◽  
The State ◽  
Ministry Of Education ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Public ◽  
Science Committee ◽  
Criminal Offenses ◽  
The Republic

The article analyzes the proposals made by Kazakhstani process specialists on the use of the institute of special proceedings in the investigation of criminal cases of terrorism and extremism. The article analyzes the possibility of restricting certain rights and freedoms of interested participants in criminal proceedings. The article examines the need to strengthen the public interest of the state in the pre-trial investigation of offenses related to extremism and terrorism. The authors support the suggestions made and formulate their own vision for the voiced problem. It is proposed to expand the competence of the prosecutor by providing him / her with alternative or generic jurisdiction at the legislative level, making it mandatory to conduct pre-trial investigations of criminal offenses of extremist and terrorist orientation, According to the authors, this approach will help instill investigative skills in prosecutors and increase the effectiveness of the fight against extremism and terrorism. The article was prepared as part of the implementation of the grant financing agreement by the Science Committee of the Ministry of Education and Science of the Republic of Kazakhstan (IRN of the AP08856905 project). В статье анализируются внесенные казахстанскими процессуалистами предложения по использованию института особых производств применительно к расследованию уголовных дел о терроризме и экстремизме. Рассматривается возможность ограничения отдельных прав и свобод заинтересованных участников уголовного процесса. Исследуется необходимость усиления публичного интереса государства при досудебном расследовании правонарушений, связанных с экстремизмом и терроризмом. Авторы поддерживают вносимые предложения и формулируют свое видение на озвученную проблему. Предлагается расширить компетенцию прокурора, на законодательном уровне закрепив за ним альтернативную или родовую подследственность, вменив в обязанность производство досудебного расследования уголовных правонарушений экстремистской и террористической направленности. По мнению авторов, данный подход будет способствовать привитию у прокурорских работников навыков следственной работы, повышению эффективности борьбы с экстремизмом и терроризмом, реальному обеспечению прав и законных интересов участников уголовного судопроизводства. Статья подготовлена в рамках выполнения договора на грантовое финансирование Комитетом науки Министерства образования и науки Республики Казахстан (ИРН проекта AP08856905). Мақалада терроризм және экстремизм бойынша қылмыстық істерді тергеуге қатысты арнайы іс жүргізу институтын қолдану бойынша қазақстандық процессуалистер жасаған ұсыныстар талданады. Қылмыстық процеске мүдделі қатысушылардың кейбір құқықтары мен бостандықтарын шектеу мүмкіндігі қарастырылуда. Мақалада экстремизм мен терроризмге қатысты құқық бұзушылықтарды сотқа дейінгі тергеп-тексеруде мемлекеттің қоғамдық мүддесін күшейту қажеттілігі қарастырылған. Авторлар ұсынылған ұсыныстарды қолдайды және айтылған мәселеге өз көзқарасын тұжырымдайды. Прокурордың құзыретін заңнамалық деңгейде кеңейту, ол үшін баламалы немесе жалпы юрисдикцияны қамтамасыз ету, оны экстремистік және террористік сипаттағы қылмыстық құқық бұзушылықтарды сотқа дейінгі тергеп-тексеру үшін жауапты ету ұсынылады. Авторлардың пікірінше, бұл тәсіл прокурорлардың жедел-іздестіру жұмысының дағдыларын қалыптастыруға, экстремизм мен терроризмге қарсы күрестің тиімділігін арттыруға, қылмыстық процеске қатысушылардың құқықтары мен заңды мүдделерін тиімді қамтамасыз етуге мүмкіндік береді. Мақала Қазақстан Республикасы Білім және ғылым министрлігі Ғылым комитетінің гранттық қаржыландыру келісімшарты (IRN жобасы AP08856905) аясында дайындалған.

scholarly journals CULTURAL PROPERTY CRIME IN SERBIA

Defendologija ◽  
2016 ◽  
Vol 3 (37) ◽  
Author(s):  
Nenad Radović ◽  
Renata Samardžić ◽  
Zoran Đurđević
Keyword(s):  
Cultural Identity ◽  
Public Interest ◽  
Social Economic ◽  
Property Crime ◽  
The State ◽  
Roman Period ◽  
Cultural Property ◽  
The Public ◽  
Criminal Offenses ◽  
The Republic

Works of art and antiquities reveal the cultural identity of people, they have theirown importance in a certain social, economic and historical environment as well as avaluable characteristic of being the witnesses of entire epochs, which is why their conservationis in the public interest. In Serbia, the places which are most endangered by theftand unauthorized archaeological works are sites from the Roman period, as well as religiousbuildings, particularly churches and monasteries, where liturgical objects are stolen(icons, old liturgical books, chalices, crosses, reliquaries with the relics of saints).Based on data from the Ministry of Internal Affairs of the Republic of Serbia for the period2006–2014, a total of 1,472 criminal offenses that involve cultural property werecarried out. The aim of this paper is to portray the state of crime that involve culturalproperties in Serbia, by reviewing some of its forms and specifi c examples.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals Legal Implications of the Norms Conflict in the Governance Regulation of the Water Resources

2020 ◽  
Vol 9 (1) ◽  
pp. 17-23
Author(s):  
Indro Budiono ◽  
Moch. Bakri ◽  
Moh. Fadli ◽  
Imam Koeswahyono
Keyword(s):  
Water Resources ◽  
Public Interest ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Colonial Era ◽  
The Public ◽  
The People ◽  
Legal Implications ◽  
The Republic

AbstractArrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic water resources is in line with the existence of Law No. 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law No. 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic part of this research is using an investigation strategy. The results showed that the article in Law No. 17 of 2019 proves that the production branches that are important for the State that control the public interest can not be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets cannot be used so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

scholarly journals COMMUNICATION BARRIERS IN JURY TRIALS AND ORGANIZATIONAL AND LEGAL WAYS TO OVERCOME THEM

2020 ◽  
Vol 24 (4) ◽  
pp. 1169-1186
Author(s):  
Nikita V. Bushtets
Keyword(s):  
The State ◽  
Psychological Characteristics ◽  
Public Prosecutor ◽  
District Courts ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Research ◽  
The Public ◽  
Defense Lawyer ◽  
Jury Trials

The use of the Institute of jurors in Russia has been expanded since June 1, 2018. Today, courts with the participation of jurors consider criminal cases in regional courts and equivalent ones, as well as in district courts. At the same time, legislative innovations also affected the number of citizens who are members of the jury. These changes dictate the need for a scientific understanding of what happened, including the development of proposals aimed at optimizing the work of courts, representatives of the state prosecution and defense with a jury. In this regard, the purpose of the study is to improve the organization of criminal proceedings carried out by a court with the participation of jurors, taking into account the psychological characteristics of the judge, the public Prosecutor, the defense lawyer and the jury. In the course of the work, the author considers the results of psychological and legal research, which in one way or another affects the communicative features of participants in criminal proceedings. The paper makes the following main conclusions: a) to establish in the normative legal acts of the Judicial Department the main requirements for the list of property and technical means that provide comfortable conditions for jurors during the trial; b) to conduct systematic work with the staff of judges and employees of the court interacting with jurors in accordance with the recommendations given in the article; c) provide judges and employees of the court with methodological guidance concerning communication with a jury on work issues.

100 Years of State Pension: Learning from the Past

2009 ◽  
Vol 15 (3) ◽  
pp. 483-501
Keyword(s):  
Financial Reporting ◽  
Public Interest ◽  
Public Debate ◽  
The State ◽  
The Public ◽  
The Past ◽  
Tangible Evidence ◽  
State Pension

The President (Mr R. S. Bowie, F.F.A.): Tonight's topic is ‘100 years of state pension: — learning from the past’. I am reminded of the expression: why are the bankers so keen to find new ways of losing money when the old ways seem to have worked perfectly well!The state pension has been going in a recognisable form for only 100 years and only for the last 60 as a universal pension; and only for the last 30 years in the form that we all might recognise today.If the Actuarial Profession can bring value to something from the past, it is to bring a perspective and a context to it so that we can learn from it. In this way, the Profession can create an informed climate within which public debate on matters of public interest can take place. As you will all know, the Financial Reporting Council are pressing the Profession hard to give tangible evidence of its commitment to the public interest, and this book falls into that category, creating an informed background for debate on a matter of huge public interest.

Оксана Кукуруз, Взаимодействие политики и права в процессе общественной трансформации в Украине и Республике Польша

2021 ◽  
pp. 158-162
Author(s):  
Ivanna Kyliushyk
Keyword(s):  
Public Interest ◽  
Book Research ◽  
Social Transformation ◽  
Common Goal ◽  
The Real ◽  
The Public ◽  
The Creation ◽  
The Republic ◽  
Effective Development ◽  
Politics And Law

The author of the book research the interaction of politics and law as two important social regulators that have a common goal the effective development of society. The author defines the real models of interaction between politics and law, which have formed in Ukraine and the Republic of Poland in the process of social transformation, and the creation of an appropriate model, which should be based on the goal of ensuring the public interest.

scholarly journals UPAYA PUSAT PELAPORAN DAN ANALISIS TRANSAKSI KEUANGAN DALAM PENANGGULANGAN TINDAK PIDANA PENCUCIAN UANG

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Eko Raharjo
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
National Level ◽  
International Community ◽  
Legal Issues ◽  
The Public ◽  
Financial Transaction ◽  
Criminal Offenses ◽  
Black List ◽  
The Republic

The issue of crime not only from the public spotlight in the local and national level, but also a serious concern of the international community. One crime that is now often used as a discussion by scholars of law, economics and banking apparatus of government and law enforcement are on the money laundering crime (money laundering), especially with the notion that the Republic of Indonesia is "heaven" for these practices criminal offenses or the crime of money laundering. The legal issues increasingly into the spotlight with the inclusion of the Republic of Indonesia in the black list or black list. Keywords: Center for Financial Transaction Reporting and Analysis, Money Laundering

scholarly journals PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014

2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya
Keyword(s):  
Public Interest ◽  
Research Method ◽  
Code Of Ethics ◽  
Supervisory Board ◽  
The State ◽  
The Public ◽  
The Law ◽  
Laws And Regulations

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).

scholarly journals ENSURING COMPENSATION FOR DAMAGE CAUSED BY CRIMINAL OFFENSES AS A RESULT OF SCAMMING ACTIVITIES IN THE FIELD OF TOURISM

2020 ◽  
pp. 369-376
Author(s):  
Г. В. Захарова
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Legislative Proposals ◽  
Compensation For Damage ◽  
Legal Compensation

The purpose of the article is to study the legal regulation and law enforcement practices on compensation for victims of criminal proceedings due to fraud in the field of tourism, identify problematic aspects in this direction, and make regulatory legislative proposals to improve legal compensation for victims of criminal proceedings. The article considers some issues related to compensation for damage caused by a criminal offense as a result of fraudulent acts in the field of tourism. The issues of legal regulation under domestic legislation and the legislation of individual European countries on compensation by the state for damage caused to victims are analyzed. It is emphasized that the priority for victims of fraudulent criminal acts is the requirement of compensation for damage, as well as the issue of compensation, compensation for such damage. It turns out that the voluntary compensation of victims by criminals directly depends on the quality and totality of the indictments collected against them, which fully expose their criminal activities. Meanwhile, the legislator did not pay enough attention to the possibility of voluntary compensation for damage to the person who caused it, as well as the benefits of voluntary compensation for damage. The legal provisions to be settled on this issue are indicated. Emphasis is placed on the need for timely pre-trial investigation of relevant traditional measures aimed at finding and locating, staying, both movable and immovable property, securities, jewelry, etc., which may be seized, in order to ensure compensation to the victim. damage. Emphasis is placed on the effectiveness and expediency of using the capabilities of IT technologies of relevant information resources, Internet services, and monitoring of websites that contain information that can help find as soon as possible the property of criminals who can be seized. At the same time, it is noted that the creation and proper functioning of the state fund for compensation to victims of crimes will be an additional constitutional guarantee that will only strengthen human security and increase the overall authority of the state.

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