scholarly journals On the role of social choice, the challenges of implementing the Treaty on the establishment of a United Russian-Belarusian State of December 8, 1999 and the integration constitutionalism

2021 ◽  
Vol 5 (2) ◽  
pp. 231-237
Author(s):  
S. N. Baburin
Keyword(s):  
Law Enforcement ◽  
Social Choice ◽  
Social System ◽  
Justice System ◽  
Political System ◽  
Scientific Conference ◽  
State University ◽  
Public And Private ◽  
200Th Anniversary

The article reproduces the speech of Sergey N. Baburin at the plenary session of the inter-national scientific conference "Law Enforcement in Public and Private Law", which was held on March 26, 2021 at the Faculty of Law of the Dostoevsky Omsk State University. The conference was dedicated to the 200th anniversary of the birth of Fedor M. Dostoevsky. On the example of the law enforcement of the norms of the Treaty on the Creation of the Union Russian-Belarusian State of 1999 the speaker examines the issues of modern social choice in the development of mankind. Civilizm is proposed as a new social system, and the characteristics of its constitutionalism, political system, and justice system are described. The author argues for the necessity of establishing a moral state and creating a union state with the participation of Russia by using the mechanisms of integration constitutionalism.

scholarly journals Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Haryanto Ginting ◽  
Muazzul Muazzul
Keyword(s):  
High School ◽  
High School Students ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Law Enforcement Officers ◽  
School Students ◽  
Criminal Offenses ◽  
Law And Justice

<p class="1judul"><em><span>The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults</span></em></p><p class="1judul"> </p><h1><span lang="EN-US">The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.<strong></strong></span></h1>

Skanska: are jurisdiction challenges now an impossible undertaking?

2019 ◽  
Vol 18 (3) ◽  
pp. 97-103
Author(s):  
Andrew Leitch
Keyword(s):  
Law Enforcement ◽  
Member State ◽  
National Court ◽  
Competition Law ◽  
Public And Private ◽  
The Public ◽  
Competition Law Enforcement ◽  
Eu Competition Law ◽  
Industrial Solutions

Claimants in private damages actions following on from European Commission cartel decisions are often faced with a choice of jurisdiction in which to pursue their claims. However, seising jurisdiction in the national court of a desired Member State can require the claim to be pursued against an anchor defendant that is not an addressee of a Commission decision. This may, in the English courts, give rise to various disputes as to the role of that non-addressee defendant in the cartel and, accordingly, whether a claim can in fact be sustained as against that defendant. The Court of Justice's recent judgment in Vantaan Kaupunki v Skanska Industrial Solutions potentially relieves claimants from the burden of having to establish that the non-addressee defendant participated in, or implemented, the cartel in order to sustain a claim against it, by holding that it is entire undertakings that are liable for compensation in private damages actions. The Skanska judgment harmonizes the scope of liability under the public and private spheres of EU competition law enforcement and has potentially significant ramifications for competition litigation in the English courts.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals Role of Victim in the Criminal Justice System

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
Different Types ◽  
Victims Of Crime ◽  
The Impact

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.

Les réformes russes du XVIe siècle :un mythe historiographique ?

2009 ◽  
Vol 64 (3) ◽  
pp. 559-578
Author(s):  
Mihail M. Krom
Keyword(s):  
Justice System ◽  
Political System ◽  
The Other ◽  
16Th Century ◽  
Political Actors

RésuméTraditionally, the reign of Ivan IV “the Terrible” is seen in the Russian historiography as an era of deep reforms, including the currency, the police and the justice system. This article points to the limitations of such a view, based on an anachronistic understanding of “reform” as a conscious, planned, and well-considered effort. Sources rather reveal a host of local and temporary measures aiming at restoring the traditional order. From the study of the dynamics of those decisions, the role of the czar and the other political actors, and the conditions of local experimentations, a new image of 16th-century Russia emerges: that of a political system based on the practice of “corrections according to tradition.”

Factors Related to Rape Reporting Behavior in Brazil: Examining the Role of Spatio-Temporal Factors

2016 ◽  
Vol 34 (10) ◽  
pp. 2013-2033 ◽  
Author(s):  
Silas Nogueira de Melo ◽  
Eric Beauregard ◽  
Martin A. Andresen
Keyword(s):  
Justice System ◽  
Research Question ◽  
State University ◽  
Public Place ◽  
Self Blame ◽  
Home Location ◽  
Dichotomous Variable ◽  
Temporal Factors ◽  
Spatio Temporal

The reporting of rape to police is an important component of this crime to have the criminal justice system involved and, potentially, punish offenders. However, for a number of reasons (fear of retribution, self-blame, etc.), most rapes are not reported to police. Most often, the research investigating this phenomenon considers incident and victim factors with little attention to the spatio-temporal factors of the rape. In this study, we consider incident, victim, and spatio-temporal factors relating to rape reporting in Campinas, Brazil. Our primary research question is whether or not the spatio-temporal factors play a significant role in the reporting of rape, over and above incident and victim factors. The subjects under study are women who were admitted to the Women’s Integrated Healthcare Center at the State University of Campinas, Brazil, and surveyed by a psychologist or a social worker. Rape reporting to police was measured using a dichotomous variable. Logistic regression was used to predict the probability of rape reporting based on incident, victim, and spatio-temporal factors. Although we find that incident and victim factors matter for rape reporting, spatio-temporal factors (rape/home location and whether the rape was in a private or public place) play an important role in rape reporting, similar to the literature that considers these factors. This result has significant implications for sexual violence education. Only when we know why women decide not to report a rape may we begin to work on strategies to overcome these hurdles.

Integrated Regional Policy: Lessons from Switzerland

1998 ◽  
Vol 16 (2) ◽  
pp. 155-172 ◽  
Author(s):  
A Thierstein ◽  
U K Egger
Keyword(s):  
Political System ◽  
Regional Policy ◽  
Development Process ◽  
Public And Private ◽  
Global Context ◽  
Institutional Structures ◽  
Integrated Policy ◽  
Administrative Structures ◽  
Private Actors

The global context for regional policy is changing fast. Regional policy is challenged by the globalisation and regionalisation of political and economic structures, the implementation of sustainable development, and the reform of political and administrative structures. Most European countries have started to reformulate their regional policy. This wave of change has touched Switzerland as well. Although disparities between the regions are not of the same magnitude as in other countries, regional development problems can be found all over Switzerland. Regional policy, however, has not been adapted to tackle the present challenges. Evaluations in Switzerland and experiences in other countries reveal a need for a more integrated regional policy approach. With reference to the Swiss context, the authors outline the form an integrated policy approach could take. The approach includes the political system and sectoral policies with regional impact and comprises six elements: public and private actors; institutional structures and processes; top-down and bottom-up approaches; exogenous and endogenous strategies; economic, social, and environmental dimensions; and policies at regional, national, and European levels. This integrated perspective is complemented with considerations of how this approach in practice could look like on the national and the regional level. Special attention is given to the role of regional actors and institutions in the development process.

scholarly journals Reducing the Gap Between the Ambitious Goals and Practical Reality of Animal Welfare Law Enforcement: A Review of the Enforcement Gap in Australia

2019 ◽  
Author(s):  
Rochelle Morton ◽  
Michelle L. Hebart ◽  
Alexandra L. Whittaker
Keyword(s):  
Public Education ◽  
Law Enforcement ◽  
Animal Welfare ◽  
Justice System ◽  
Charitable Organizations ◽  
The Public ◽  
Animal Law ◽  
Practical Reality ◽  
The Impact

Enforcement of animal welfare statutes are the primary protection given for the maintenance of animal welfare and prevention of cruelty. It is speculated that animal law enforcement in Australia has a number of weakness in the enforcement model. These weaknesses create a gap between the goals of animal law enforcement and the reality of the animal law justice system. This gap is defined as the &lsquo;enforcement gap&rsquo;. This paper identifies and investigates the causes of this gap. The hypothesized causes discussed are (1) the impact the public can have on reporting animal cruelty, (2) the reliance on charitable organizations as enforcement bodies, (3) the inconsistencies in animal welfare legislation, and (4) the role of the sentencing courts. Thus, the causes of the enforcement gap are multifactorial; derived from all stages of the enforcement process. Further research is needed to investigate the concepts raised in this paper. However, it is likely that a combination of structural change to enforcement agencies, legislative reform and public education is required to reduce the enforcement gap.

scholarly journals Peran Advokat Sebagai Penegak Hukum Dalam Mendukung Terwujudnya Sistem Peradilan Pidana Terpadu Dalam Penegakan Hukum Pidana Di Indonesia

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Setyo Langgeng
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Assistance ◽  
Literature Study ◽  
Real Place ◽  
Procedure Code

AbstrakKeberadaan Advokat sebagai penegak hukum telah diatur didalam Pasal 5 Undang-undang Republik Indonesia Nomor 18 Tahun 2003 tentang Advokat. Namun, mengenai bagaimana bentuk dan tempat nyata peran Advokat sebagai penegak hukum masih samar, khususnya dalam perannya sebagai komponen pendukung terwujudnya sistem peradilan pidana terpadu, akibatnya penegakan hukum pidana di Indonesia belum optimal. Penelitian ini menggunakan metode penelitian hukum normatif atau studi kepustakaan, yaitu dengan menganalisa UU.RI. No. 18 tahun 2003 tentang Advokat dan UU.RI No. 8 tahun 1981 tentang Hukum Acara Pidana (KUHAP), serta peraturan perundang-undangan lainya dan bahan pustaka yang terkait dengan peran Advokat guna menjawab permasalahan. Hasil penelitian menunjukan bahwa dari segi bentuk dan tempatnya, terdapat 2 (dua) peran Advokat sebagai penegak hukum, yaitu (1) Peran Advokat dalam bentuk pendampingan hukum terhadap pelaku berdasar Pasal 54 KUHAP, (2) Peran Advokat dalam bentuk pendampingan hukum terhadap korban yang diatur diluar KUHAP. Diharapkan sebagai bahan masukan bagi penegak hukum dalam penegakan hukum dan keadilan di Idonesia.Kata kunci : Advokat, Penegak Hukum, Sistem Peradilan Pidana Terpadu�AbsractThe existence of Advocates as law enforcement has been regulated in Article 5 of Law of the Republic of Indonesia Number 18 Year 2003 regarding Advocate. However, regarding how the form and the real place of the Advocate role as law enforcement is still vague, especially in its role as a supporting component of the establishment of integrated criminal justice system, consequently the enforcement of criminal law in Indonesia is not optimal yet. This research uses normative legal research method or literature study, that is by analyzing UU.RI. No. Law No. 18 of 2003 on Advocates and Law no. 8 of 1981 on Criminal Procedure Code (KUHAP), as well as other legislation and library materials related to the role of Advocates in order to answer the problem. The result of research shows that in terms of form and place, there are 2 (two) Advocates role as law enforcers, namely (1) Role of Advocate in the form of legal assistance to the perpetrator based on Article 54 KUHAP, (2) Role of Advocate in the form of legal assistance to the victims is regulated outside the Criminal Procedure Code. It is expected to be an input for law enforcement in law enforcement and justice in Indonesia.Keywords : Advocate, Law Enforcement, Integrated Criminal Justice System

Od Kalopei do Rzeczpospolitej Samorządnej. Próba charakterystyki polskich utopii socjalnych

2018 ◽  
Vol 18 (247) ◽  
Author(s):  
Michał Śliwa
Keyword(s):  
Social Justice ◽  
Social Life ◽  
Justice System ◽  
Political System ◽  
18Th Century ◽  
State System ◽  
The Social ◽  
The Times ◽  
Socialist Utopia

The research aim of this article was to analyze the socialist utopia as an idealistic inspirationin the process of democratizing the socio-political system in the perspective of two centuries;from the times of the imaging of the idealistic system picture by Wojciech Gutkowski inthe second half of the 18th century to the ancestors of Polish socialist thought, all the wayto the “Solidarity” revolution and further on, to the contemporary social life formed underthe influence of the emancipation ideas and determined by the factors of the informationrevolution and globalization processes. This is why the author of this article seeks an answerto a question, what role in the new conditions does the socialist utopia fulfill – an idealisticimpression of the social justice system, does it still have its impetus as a prospective ideaand did it not stop being an inspiration to reform the state system, does it play a role of anaxiological system in the form of a substitute on the conditions of the atrophy of the ethicalfundaments of the social life and idea secularization.Key words: social utopias, Polish socialists, “Solidarity”, system shift

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